HomeMy WebLinkAbout3.0 BOCC Staff Report 01.14.2008Exhibits for Tybar Angus Ranch RLDOE Public Hearing for the BOCC held on January
14,2008 (re-set / renoticed for 2/19/08)
Exhibit Letter
(A toz)
Exhibit
A Mail Receipts
B Proof of Publication
C Garfield County ZoningRegulations of 1978, as amended
D Garfield County ZoningRegulations of 1978, as amended
E Application with Supplement (ll 17 106)
F Staff Memorandum
G Memorandum from the Road and Bridge Department dated 7105105
H Letter from Steve Anthony dated 7/05105
I Letter from the Rifle Fire Protection District dated 6123105
J Letter from the Citv of Rifle dated 6122105
K Easement Declaration
L Letter from Resource Engineering dated 7llll05
M Email from Mountain Cross Engineering dated 1/08/08
N Minutes from the Planning Commission Meeting (7113105)
o Letter from Ben and Jil Hegwer dated January 8, 2008
P 10% Grade Emersency Access Road (Profile View - Applicant)
o l4o/o Grade Emergency Access Road (Plan View - Applicant)
R Tvbar Ranch Ownership Exhibit
S Title Policv from Land Title Guarantee Company dated 7-30-07
T Letters of Authorization
New Exhibits for 2ll9l08
U Letter from AVLT dated lll4l08
v Letter from the City of Rifle dated 1/11/08
w Aoolicant response to Conditions of Approval (email)
x Packet from Applicant's Attorney dated 2ll3l08
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PROJECT INFORMATION AND STAFF COMMENTS
REOUEST
OWNER (APPLICANT)
REPRESENTATIVE
PROPERTY LOCATION
SITE DATA
WATER
WASTE WATER
ACCESS
EXISTING ZONING
SURROUNDING ZONING
Rural Lands Development Option (Exemption)
DAVIES MESA RANCH ESTATES, LLC
AS TO PARCEL ''A'' AND DAVID K.
DANCIGER SPECIAL POWER OF
APPOINTMENT TRUST AS TO PARCEL
ilBil
The Land Studio, Inc (Doug Pratte)
Graham Mesa ( 1 .5 miles northwest of the City
of Rifle)
J23 acres
City of Rifle Water System
ISDS
CR 233 and non-exclusive easement through
the Turgoose Ranch from CR 293
A/R/RD
A/R/RD
L DESCRIPTION OF THE PROPOSAL
The Applicant requests the Board of County Commissioners approve an Application for a Rural Lands
Development Exemption Option (RLDO) for the Tybar Ranch Rural Land Development Exemption
(the Development). The Development consists of subdivid rng 20Vo of the J 23-acre Tybar Ranch into
27 residential lots while placing the remaining 8O7o of the ranch into a 4}-year term agricultural
conservation easement to be held by the City of Rifle.
More specifically, the Development consists of creating 27 residential lots that are approximately 4.5
acres in size and are clustered in two separate areas or pods on the east and west portions of the ranch.
The remainder of the ranch (Lot 28) would remain in full-time agricultural use and would be governed
by a 4O-year term easement held by the City of Rifle. Potable water service to all of the proposed lots is
provided by the City of Rifle's municipal water system. Wastewater from each of the lots is handled by
individual sewage disposal systems (ISDS). Access to the lots is provided either by CR 233 (Silt Mesa
Road) or by way of a private easement from CR 293 (North Graham Road) through the Turgoose
Ranch.
tr. SITE DESCRIPTION
The 123-acre ranch is generally located on Graham Mesa on the north side of the Colorado River
valley just 1.5 miles northeast of the City of Rifle. The Rifle Creek Canyon Ditch runs through the
west part of the property. The ranch itself is characteized as two gently rolling mesa levels that slope
in a southerly direction at approximately a lO%a slope. The lower mesa consists of 3/c of the ranch
leaving the remainder of the rA of the ranch on the upper mesa. Vegetation on the property consists of
irrigated pasture grasses over most of the property. There are areas around the perimeter of the ranch
that are not irrigated that are characterrzedby sagebrush and low canopy pinion and junipervegetation
typical ofthis elevation on steeper slopes.
Itr. REFERRAL COMMENTS
Staff referred the application to the following agencies / County Departments for their review and
comment. Comments received are attached as exhibits and incorporated into the memorandum where
applicable:
a) City of Rifle: Supportive of the proposal (Exhibit n l,V
b) Rifle Fire Protection District: Provided fire protection.comments (Exhibit t)
c) Garfleld County Road and Bridge Department: Provided comments (Exhibit G)
d) Garfield County Vegetation Management Department: Provided comments. (Exhibit It)
e) RE-2 School District: No comments received.
0 Resource Engineering: (Exhibit L) ,g) Mountain Cross Engineering: @xhibit W', \
tV. AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS
The RLDO is another form of an exemption from the definition of subdivision recently adopted by the
Board in 2000 and amendedin2002. To date, this is the second application submitted to the County.
The Board has the authority, pursuant to Section 8:71 of the Subdivision Regulations of 1984 and 30-
28-101(10)(X) C.R.S. to exempt properties that qualify from the definition of subdivision using the
Rural Lands Development Option also described as the Rural Land Use Process defined in30-28-402
C.R.S.
V.STAFF COMMENTS
Section 8:82(A) of the Subdivision Regulations contains the review criteria for a RLDO application.
Additionally, the provisions of Sections 8.50 and 8.60 (the "regular" Exemption) of these regulations
shall apply to the review of applications for approval of exemptions from the definition of subdivision
under the provisions of the RLDO except as modified by Section 8:81(B) of these regulations. The
following section contains an analysis of the Development with the required review standards for a
RLDO.
A. Elisibility
Lots may be created via the Rural Lands Development Optionfrom any eligible parcel, as that
parcel was described in the Records of the Garfield County Clerk and Recorder's Office on
October 16, 2000 except where land was added to a previously eligible parcel, in which case,
changes to the legal description reflecting the added land may have occuted at any time
without jeopardizing the eligibility of the property. In the case where lands are added to an
existing property the existing parcel must have been at least 70 acres in size pior to the lands
being added and must have otherwise been eligible for development under the Garfield
County's Subdivision Regulations and Zoning Code. Owners of property otherwise eligiblefor
the Rural l-ands Development Exemption Option may also seek approval of an applicationfor
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exemption from the definition of subdivision to the extent allowed in Section 8:52 (A) of these
regulations. Applicationfor the 8:52 (A) of exemption may be processed either concuruently or
separately from the application for the Rural l-ands Development Exemption Option.
staff Findine
The application contains a title commitment from Commonwealth Title Company, deeds, and a
letter from Patrick Burwell of the Commonwealth Title Company that shows the subject Tybar
Ranch was actually 7 parcels as of January | , 197 3 . However, for the purposes of this Exemption,
the property must have been at least 70 acres as of October 16,2000 and that is the case of the
Tybar Ranch containing over 700 acres as of October 16, 2000. Therefore, the property is eligible
to be reviewed under the Rural Land Development Exemption regulations as the ranch was
purchased by David and Emma Danciger rn 1993 in its current configuration.
B. Number of Elisible Lots
The number of lots that may be created by the Rural l-ands Development Exemption Option, in
addition to the Remainder Parcel, shall be one (I) lotfor every thirty-five (35) acres contained
in the eligible propefi plus one (l) lot for every one hundred (100) acres contained in the
eligible property plus one (I) additional lot. A maximum of forty-two (42) lots and the
Remainder Parcel may be created under the provisions of the Rural Lands Development
Exemption Option; including lots that may be or have been approved by exemption from the
definition of subdivision more specifically described Section 8.52 A. of these Regulations.
Staff Findine
The subject property contains J23 acres. The Applicant is not eligible to create any lots using the
traditional exemption process. Therefore, in addition to the remainder lot, the Applicant is eligible
for 28 new lots as a result of the following calculation:
Total 28 Lots
C. Adequate legal and phvsical water supplv is available
staff Finding
The proposal intends to provide domestic potable water from the City of Rifle's municipal central
water supply system; therefore, the system installed in the development will be a central water
supply serving all23 lots. The application contains a letter from Matt Sturgeon, Director of the
City of Rifle's Planning and Development Department confirming that the City will provide out-
of-city water to the project upon execution of the approved pre-annexation agreement between the
City of Rifle and Tybar Ranch included in the application under Tab I 1. The application contains
a copy of the pre-annexation agreement under cover of the aforementioned letter that provides the
details of the agreement for water service.
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[Staff notes however, the pre-annexation agreement contemplates 29 Accessory Dwelling Units
(ADUs) along with the 2'7 lots. Under RLDO, the request for the ADUs cannot be considered
concurrently with an exemption requests, only through full subdivision. Therefore, while ADUs
are accorlmodated in the agreement, individual lot owners would be required to seek approval for
such units on an individual basis from the County and separate from this process. [n the event an
ADU is approved, it appears the water would be available via this pre-annexation agreement.l
Resource Engineering, also on behalf of the County, reviewed the engineering for the project and
provided the following comments:
The "West System" (Lots 1 - 8) will be served by a water distribution sYstem
connected to thq City main Road 233. Such distribution
system will be @rtfglg standardiTand will provide
adequate pressure and fire flows.
The "East System" (Lots 9 - 27) will be served by a water distribution system
connected to the City main line at the City water storage tank located west of Lot
27. The East System will ng!!_ptpvifu@grytte pressure andfire flow due to the
high elevation of these lots.lA pump station il required to provi.de municipalwater
service. The East Sy$en;ffiy @udDPHE approval as a 'ied6iltiv-i-ei;l
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system". The water source and treatment would fall under the City approved
iystem, t"t tnQafrtrtfiution sys@would be regulated and approved by CDPHE.$
.t The water system layout and design have not been submitted. The water system\a shall be approved by the City of Rifle, GARCO and/or CDPHE (as appropriate)
prior to the conveyance of a lot. Since the exemption option does not have afinal
plat and SIA process, the Applicant should propose a mechanism by which the
County ca.n ensure design, approval, and. construction of the water system, if it is
not to be constructed prior to BOCC signature of the exemption plat.
The Applicant should obtain a letter from the RiJle Fire Protection District
indicating approval offire protectionfor the East System. The proiect shallfollow
the recommendations in the Wildfire Hazard Review preparedby Scott Formby in
a letter dated November 25,2003.
D. The maximum road srade shall be 12 percent.
staff Finding
The Applicant submitted supplementary information regarding the road grades stating that "all of
the primary roads within the Tybar Ranch project will be no steeper than l27o in grade. However,
the Applicant proposes a stee m the property which leads to a
privateeaSementthentoCouhasaI47ogradewhichexceeds
the regulations. However, the BOCC may grant a variance up to a grade of l4%o. The anticipated
use of the emergency access road is for access/egress during wildfires which occur in the summer
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when roads will not be snow covered. This variance would be possible under Section 9:37 where
the Board of County Commissioners may grant such a variance up to l47o under the following
provisions because the road design could be considered a rural access, semi-primitive or primitive
residential:
9:37 A var|ance to the muximum grade of l2%o for minor collector and secondary
access categories and up to l4%o for rural access categories and up to l47o for
rural access, semi-primitive and primitive residenti.al, may be approved by the
Board of County Commissioners at the time of the Preliminary Plan Public
Hearing or if the Preliminary Plan has been approved at the time of adoption of
these regulations. General consideration shall be given to the interelationship
between the length of grade; its relation to curves and intersections and the
transition between those elements of a road. At a minimum, in order to approve the
requested vari.ance, the following standards shall be met:
t. The applicant shall, by way of graphic illustration on a topographic map, show
the dffirence between a road that would comply with the grade requirements and
the proposed road with excessive grade.
2. The excessive grade is necessary to avoi.d the creation of a cut or the fill slope
that exceeds twelve (l2)feet in height at the top of the cut or the bottom of the hill.
3. That the excessive grade section is the minimum length and the minimum
increase in grade necessary to provide access to all lots.
4. The excessive grade has a slope with exposure to maximize solar exposure and
minimize snow/ice build up.
5. Atl excessive grades in excess of I50feet in length on dead end roads shall have
a turnaround approved by the appropriate fire district as to the adequacy of the
turnaround to meet fire equipment requirements.
6. If the applicant has not proposed or obtained Board of County Commissioner
approval for fire fighting water storage of adequate capacity at the top of the
excessive grade, the proposed excessive grade must permit the transport of such
water.
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f,alsrado Rirer Engin*ering, Inc. has prepared the a*ached exhihirs t$ shsw the alternative
gpading af the emergsncy a*cess road. ?he eurrent plan proposrs using a 14% slopc singie lane
r*ad as ar *mergency egr*ss &f,csss f*r the eastem lots of Tybar Ranch. The 149i, slope option
wauld ocsgr over approxim*tely 50CI feet (sta g+S0 to sta i4+0CI) and is design*d n'ith a cut into the
existing face of the mesa. The rnaximum cut depth is about 11.S-feet.
The attsshed Figure I shows thc plan visw of the road following the same alignment but for the
l0% gr*de option. Aiternative alignments were examined in the flreld bu( were diseounted due to
the steep terrain and the need fnr swit*h backs. The 10% slope road would occur over
approximat*ly ?00 fee: ista 7+S{i t* sts l4+Si}} nnd would cut into t}r* existing fhce of the mesa To
a ctepth *f up tc 2Z-feet {see Figr"rr* 2}. "4lth*ugh the I CItro grade can be corl$tflrsted. il would result
in c*rsi*lerahle more cut d*pths which w$uld result in larger distwbance to the fa*e of the eestefl!
mes*. Fast dis*xssisn with the Firs llisrrist indi*ated wild land fire egr*ss fr$r homeo&trers would
be ths primart p$rpCI$e of the secondary acces$" Slven this propcsed usc {wlld land fire. summer
*v*ng thr grade is nnt a eriti*al compsns$t of lhe road design. We are recomm*nding the road
design using ttrs i4Ya grade with an all weather sur&re in order tr: minimize the grading and
*xsessive cut d*pths assosiated with th* lfi% *ption.
The Applicant's engineer, Colorado River Engineering, provided the following response to the
criteria:
As you review the plan view on the previous page (and as an exhibit to the memo) you will see
that the heavy dark line along the route is at a 147o grade that occurs over a 500 foot section
through the S-curve. Mountain Cross Engineering, on behalf of Garfield County, reviewed the
route and provides the following cofilments to the Board:
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"The road grade is at the steepest allowable grade for a distance of close to 500', additionally
there is an s-curve configuration in the middle of the steepest section that would render this
road nearly impassable in a snowy or icy condition. Even though the road is on a south
facing slope, it is within a cut-cut road section with cut slopes of 10'-16' tall more or less
putting it at the bottom of a north facing slope. The intersection with the gravel driveway
and shared driveway needs more design detailto determine if there dre concerns with grades,
sight distance, etc. but it appears that the intersection approach grades are steeper than
allowed."
"Alternative locations should be investigated at a minimum. If thk road is approved by the
Board of County Commissioners, It is my opinion that this road should not be allowed to be
used by the general public. Crash gates or lock boxes should be used to prohibit use except
in emergency situations."
E. Roads providing access to ten (10) or more lots must be constructed in accordance with the
specifications for subdivisions as prescribed in Section 9:35 of these Regulations.
sraff Finding
The proposal includes three separate roads serving thlee pods or clusters of lots. The roads
intended to serve the two clusters of lots on the west side of the ranch will serve a total of 8 lots
from CR 233 andare not required to be improved to the standards in Section 9:35. However, the
proposed road serving the cluster of lots on the east side of the ranch will serve a total of l8 lots
thereby requiring that the road be designed according to standards in Section 9:35 of the
Subdivision regulations.
,tion 9:35 requires that this road serving the 18lots be designed to a Rural Access standard
ause it is intended to serve 112.26 ADT generated from the lots. The Rural Access standard
requires a 5O'minimum ROW, two 1l-foot driving lanes, two 4-foot shoulders, two 6-foot
ditches, with a gravel surface. The application proposes a 60-foot ROW which would certainly
accommodate the design components in a Rural Access road.
The road serving lots 2 - 6 and the road serving lots 7 and 8 are not required to be designed to
standards in Section 9:35 because they are serving less than 10 lots; however, the application
proposes that both roads have a 60-foot ROW which would certainly accommodate what would
be required which is a Semi Primitive design (for Lots 2 - 6) which requires a 40' ROW, two 8-
foot driving lanes, two 2-foot shoulders, two 4-foot ditches, and having a gravel surface. The
application proposes a 60-foot ROW which will certainly accommodate these design components.
The County Road and Bridge Department reviewed the proposal and provided the following
comments: Garfield County Road & Bridge Dept has no objection to this application with the
following requests.
property adjoins CR 233 shall be deeded to Garfield
B. All fences, structures, trees and brush that encumber this 3O-foot easement shall be
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A.A 30-foot easement
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removed prior to final plat;
A driveway access permit will be issued for the entrance onto CR 233 wrth provisions
specific to the driveway access; and
A stop sign will be installed at all entrances to County roads. All signs and installations
will be as required in the MUTCD (Manual on Uniform Traffic Control Devices).
F. Any road which is the only access to a residential lo(s) and whose length is in excess of one
thousand (1,000)feet shall be provided with appropriate emergency pullouts, the location
of which must be approved by the Garlield County Engineer prior to construction.
sraff Findins
Access to the ranch comes from two County Roads (CR 233 and293). CR 233 provides direct
access to Lots 1 - 8 while access to Lots 9 - 2l comes from a very long 60-foot non-exclusive
access easement from CR 293 through the Turgoose Ranch property then to the ranch (recorded in
Book 1489 on page 132). The Applicant also proposes a secondary emergency access from the
ranch out to CR 210 by way of a 60-foot non-exclusive easement recorded in Book 1555 on page
993. The fourth page of this easement agreement illustrates the connections that both of these
easements connect to County Roads 293 and2l0.
More specifically, the road serving lots 10 through 27 is approximately 4,000 linear feet long as it
enters the ranch from an easement through a property to the south through the Turgoose Ranch
RLDO. The plan shows a secondary access route heading eastward out of the project off of this
road approximately 3,000 linear feet up the main road, This road eppears to connect to an existing
50-foot easement between the applicant andGreg Tamborillo whic\ extends southward to CR 210
which is illustrated by the Easement Deed ffie*tl_aSffiirK.Staff finds this secondary access
route out of the Tybar Ranch out to CR 210 to be extremely iTportant due to the very long dead-
end cul-de-sac design of the main road serving Lots 9 -27 .This road will need to be designed so
that it can effectively provide access and suppoitthe weight of emergency response vehicles to
and from the property.
The application contains no commentary on where this secondary road connects to out of the
ranch. Also the road serving lots 2,3, and 4 - 6 from CR 233 is also approximately 1,500 linear
feet. No emergency pull outs have been proposed as part of either of these two roads. Staff finds
this standard has not been met.
Alternative Road Design
As a point of discussion, Staff has discussed with the Applicant the possibility of providing a
looped road design to be located entirely on the Tybar Ranch that would come off of CR 233 that
would eliminate the need for the extremely long access to the south as the primary access road to
Lots 9 -27 as well as for a secondary access road through the neighboring property. While such a
design might split the agricultural open space into two sections, it would present a better / safer
design for the residential component of the overall project. Staff strongly suggests this alternative
be discussed with the BOCC as it appears the topography I terrain would accommodate such a
design.
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G. All buildings shall be located a minimum of thirty (30) feet from the highwater mark of all
perennial streams or outsi.d.e of the designatedfloodplain, whichever is the greater dktance.
sraff Findinq
There are no water bodies designated / mapped within the 100-year flood plain as administered by
FEMA located on the property. Further, the property does contain an ephemeral stream / drainage
that has been avoided by the lot / building envelope lay out so that this standard has been met.
H.No habitable building may be constructed within any known geologic or wildfire or other
natural hazprd area without approprinte mitigation of the natural hazard.
sraff Findins
The application contains a geologic evaluation of the 2l building envelopes conducted by CTL
Thompson,Inc which is located at Tab 7 in the application. Generally speaking, the analysis "did
not identify any geologic conditions or potential geologic hazards that would prevent development
of the site for the intended residential / agricultural use." The report further states, "In our opinion,
no geologic conditions or potential geologic hazards exist that will preclude development of the
site for single-family residential use."
The only potential hazardincluded several areas where unstable slopes were identified and have
been mapped in the report. So long as these areas are avoided, no mitigation would be required.
Also the report suggests that excavation into slopes steeper than 307o should be addressed by a
geotechnical engineer on a site by site basis. The same was true regarding evidence of ground
water as a result of historic flood irrigation on the property, in that, ground water conditions
should be evaluated as part of a design level geotechnical evaluation for each building site. Also,
due to the soils in the area, CTL recommends site-specific soils and foundation investigations be
performed for structures to be built at the site.
Resource Engineering commented that "the CTL Thompson report indicates that potentially
unstable slopes, low density and expansive soils, and ground water will be encountered on the
project. Therefore, a site specific geotechnical investigation and foundation design shall be
requiredwith the building permit applicationfor each lot. The geologic hazards map prepared
by CTL Thompson should be overlaid on a site map to ensure that the building envelopes are
outside of the potentially unstable slope area."
'' / Staff suggests the Applicant show the potentially unstable slopes on the plat so that the building/t-/ envelopes can be adjusted accordingly so that development avoids these areas.
I. All buildings to be constructed on the property shall adhere to the National Fire Protection
Ag e n c y w ildfir e p ro t e c tio n mitigatio n g uid e lin e s.
sraff Findins
The lots will be served by a central water supply from the City of Rifle with proposed fire
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hydrants located through-out the residential lots. The Applicant states that the water system has
been designed to account for fire flows and fire hydrants throughout the residential areas of the
Tybar Ranch project per the Rifle Code. While Staff recommends this performance standard be
included as a plat note on the plat, the following information was also provided discussing the fire
protection. Specifically, the application was reviewed by the City of Rifle Fire Protection District
which provided the following comments:
1.The current agreement by the City of Rifle specifically exempts a guarantee of providing
adequate water for fire flows. In addition, data is not provided on hydrant spacing, hydrant
location, and size of water mains. The District recommends hydrants to be placed within
500 feet of all structures with a maximum spacing of hydrants of 1000 feet in areas that
are not going to be built upon. [n areas where inadequate fire flow exists (less than 1000
gallons per minute at 20 psi residual pressure) the district recommends installation of an
approved automatic fire suppression system.
The District would concur with Section 9 in the proposal, completed by The Land Studio,
that wild fire mitigation be completed in accordance with NFPA 299.
3. The roadways accessing lots 9 through 28 are unclear on the information provided. All
roadways are to meet recognized standards in grade, width, and driving surfaces.
Posting of addresses needs to be completed in accordance with the International Fire
Code. It is unclear if the roads are proposed as County roads or as private driveways. The
District would like to be further involved with the addressing system chosen, the specific
methods of physically identifying physical locations, and the maintenance of the
roadways.
These items being addressed in the final project will meet the District's requirements. As
additional plans of development progress, we would like them to be forwarded to us for
additional review.
In addition, the application contains a 1041 Wildfire Hazard Review (Tab 9) conducted by Scott
Formby, Forester which provided the following recommendations to protect lots from wildfire
hazards:
1. For all of the lots, vegetation should be less than six-inches tall for 15 feet around
structures. Woody vegetation should not be allowed I this zone. Additionally, there
shouldn't be any flammable material stored in this first area such as firewood.
2. Beyond this zone, all grasses should be kept below a height of 6-inches out to a 100-foot
perimeter, especially for lots 10-18 where grasses are the primary fuels.
3. Lots 1 08 should follow the standards for keeping grasses below the 6-inch height. The
6.3)zpublication Creating Wild-fire Defensible Zones we gave to you on November 19th,
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2003 which should be used as the standard for mitigation on these and other lots. In the
pinion and juniper forest below or above the structures these lots should be thinned out to
where there is a 1O-foot spacing between the tree canopies to a distance of 100 feet around
any structure.
Lot 9 was not visited on the trip, but from what I did see of the area, this lot needs the
most intensive defensible space. This is due to the approximate 25c/a slope and being
surrounded by heavier fuels. Referring again to publication6.302 and its slope correction
factors zone one should be changed from 15 feet to 30 feet. Also, in zone two, the spacing
between the tree canopies should be moved from 10 to 20 feet.
For Lots 19 -27, they also need to adhere to keeping the grasses below 6-inches for 100
feet around structures. If feasible on these lots, structures should have a setback of at least
100 feet from the edge of the mesa where the shrub cover begins. If this is not possible,
any shrubs within 100 feet of any structure should be thinned into groups. These groups
should be no larger in diameter than two times their height. Also groups should be no
closer than two and one-half times their height.
6. Any other treatment beyond zone2 and into zone3 would greatly increase the chances of
structures surviving a wild-land fire.
J. All property shall be maintained in a manner that prevents the proliferation of noxious
weeds on the property or to adjacent propefi.
staff Finding
The Applicant provided a weed management plan found under Tab 10 in the application. The
County Vegetation Manager reviewed the plan and found that "the plan is general in nature and
does not address any specific weed species that may be located on site at the present time. Staff
requests that the applicant provide a detailed inventory and weed map of the property for the
Garfield County listed noxious weeds. Russian-olive, salt cedar, Russian knapweed, whitetop,
Canada thistle, and musk thistle are located in surrounding areas and may be on this property.
Staff is particularly concerned with the immediate management of Russian-olive and tamarisk if
they are detected on the property. Staff suggests the Applicant conduct this inventory and provide
this information prior to the Board of county Commissioners meeting on this application.
K. All Gaffield County zoning requirements will be met
staff Finding
The property is zoned Agricultural/ Residential/ Rural Density (A/R/RD) which allows for
residential development as a use by right. As proposed, the lots comply with the minimum lot
size. All proposed uses shall comply with the uses set forlh in this zoning and all structures shall
comply with the dimensional requirements stated therein.
As noted earlier, the pre-annexation agreement contemplates 29 Accessory Dwelling Units
(ADUs) along with the 27 lots. Under RLDO, the request for the ADUs cannot be considered
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concurrently with an exemption requests, only through full subdivision. Therefore, while ADUs
are accommodated in the agreement, individual lot owners would be required to seek approval for
such units on an individual basis from the County and separate from this process. [n the event an
ADU is approved, it appears the water would be available via this pre-annexation agreement.
Otherwise, it appears the proposed exemption will not conflict with the underlining zoning as
proposed.
L. Wastewater
Staff Finding
The Application proposes that wastewater for the 2l lots will be handled by Individual Sewage
Disposal Systems (ISDS). Tab 8 of the Application contains a discussion regarding the use of such
systems on the property. Further, the CTL Thompson report in the Application indicates that while
the soils and area are appropriate for ISDS, percolation rates outside of the 5 to 60 minutes per inch
will require special engineered systems. They recommend performing percolation testing when
actual percolation field locations and elevations are known on a lot by lot basis at the time building
permits are sought.
Resource engineering comments (on behalf of the County) found that "the 4 plus acre lots are
appropriatefor ISDS. The CTLThompson November 8,2004 reportindicates thatthe soils are
generally suitable for conventional ISDS systems. Percolation rates are anticipated at 10 to 100
minutes per inch. Engineered ISDS systems may be required."
Staff has suggested this be included as a plat note as well as disclosed with the protective
covenants.
M. All state and local environmental health and safety requirements have been met or are in
the process of being met
staff Finding
Colorado Department of Public Health & Environment ISDS standards require the Countyto issue
an ISDS permit for all such systems installed in the County. The future lot owners will be required
to obtain the necessary ISDS permits from the county at the time building permits are obtained.
VI. STAFF RECOMMENDED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete, that
all pertinent facts, matters and issues were submitted and that all interested parties were heard
at that meeting.
3. That the application has met the requirements of Section 8:70 of the Garfield County
Subdivision Regulations of 1984, as amended.
13
4. That the application has met the requirements of the Garfield County Zoning Resolution of
1978, as amended.
5. That the application has met the requirements of the Garfield County Comprehensive Plan of
2000, as amended.
6. That for the above stated and other reasons, the proposed Rural Lands Development Option
Exemption has been determined to be in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
Vtr. PLANNING RECOMMENDATION [July 13, 2005]
On July I3,zOO5,the Planning Commission unanimously (5 to 0) recommended the Board of County
Commissioners approve the Application for the Tybar Rural Lands Development Option Exemption
with the following conditions. (Note, the Applicant has addressed many of these conditions in their
submittal which is indicated after each condition.
1. That all representations of the Applicant, either within the application or stated at the
meeting tlefore the Board of County Commissioners, shall be considered conditions of
approval.
That the applicant shall have 120 days to present a plat to the Commissioners for
signature from the date of conditional approval.
That the following plat notes shall appear on the Final Plat:
a) No further divisions by exemption from the rules of Subdivision will be allowed.
b) No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption.
One (1) new soli.d-fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All
dwelling units will be allowed an unrestricted number of natural gas burning stoves
and appliances.
c) All exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward and downward, towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
Indivi.dual Sewage Disposal Systems shall be engineered by a Professional Registered
Engineer within the State of Colorado if percolation rates fall outside of the 5 to 60
minutes per inch.
Allfoundations shall be engineered by a Professional Registered Engineer licensed to
)
3.
d)
e)
74
practice within the State of Colorado
f) Colorado is a ,,Right-to-Farm" State pursuant to C.R.S. 35-3-IU, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rural character and a healthy
ranching sector. All must be prepared to encounter noises, odorr lights, mud, dust,
smoke chemicals, machinery on public roads,livestock on public roads, storage and
disposal of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pestici.des, any one or more of which may
naturally occur as a part of a legal and non-negligent agricultural operations.
g) AU owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in
accordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in GarfieW
County.
h) One (I) dog will be allowedfor each residential unit on Lots 1 - 5 and the dog shall be
required to be confined within the owner's property boundaries.
i) The entirely of land located within Lot 28 as shown on this plat is governed by a 40'
year term conservation easement granted to the City of RiJle. The terms and conditions
of this easement are more fully described in the document entitled "Tybar Ranch Deed
of Conservation Easement" that shall be recorded in the records of the Garfield
County Clerk and Recorder's Offi.ce in Book . Page with the
reception number of .All future activity on this lot shall be in
accordance to the terms and conditions in this document.
All proposed excavation into slopes steeper than 30Vo shall be addressed by a
geotechnical engineer on a site by site bssis and the information shall be provided to
the Building and planning department as part of a building permit application.
The mineral rights associated with this property have been partially severed and are
notfully intact or transfened with the surfoce estate therefore allowing the potential
for natural resource extraction on the property by the mineral estate owner(s) or
lessee(s).
The Applicant has met this requirement except the Planning Commission
BOCC add plat note "k" as shown above regarding the severance of mineral
i)
k)
sraff
recommended the
interests.
15
4. Staff suggests the Applicant show the potentially unstatrle slopes on the plat so that the
building envelopes can be adjusted accordingly so that development avoids these areas.
Staff Comment: The Applicant has met this requirement and provided this information. Note,
p-p"r"O L"t q is virtualiy covered within this area of potentially unstable slopes. The Applicant has
uAaLA a plat note that requires the owner / builder on that lot to provide a geotechnical analysis
proving that development is possible and all mitigation has been addressed. So long as development
,tay, Ueto* 4OVo,ti\sis acc-ptable within the terms of the zoning resolution. (See plat note 3j.)
5. The Applicant shall address the following fire protection concerns prior to the public
hearing before the Board of County Commissioners:
A. The current agreement by the City of Rifle specifically exempts a guarantee of
providing adequate water for fire flows. In addition, data is not provided on
hydrant -spacing, hydrant location, and size of water mains. The District
recommends hydrants to be placed within 500 feet of all structures with a maximum
spacing of hydrants of 1000 feet in areas that are not going to be built upon. In
areas where inadequate fire flow exists (less than 1000 gallons per minute at 20 psi
residual pressure) the district recommends installation of an approved automatic
fire suppression sYstem.
B. The District would concur with Tab 9 in the application completed by The Land
Studio, that wild fire mitigation be completed in accordance with NFPA 299.
C. The roadways accessing lots 9 through 28 are unclear on the information provided.
All roadways are to meet recognized standards in grade, width, and driving
surfaces.
D. Posting of addresses needs to be completed in accordance with the International
Fire Code. It is unclear if the roads are proposed as County roads or as private
driveways. The District would like to be further involved with the addressing
system chosen, the specific methods of physically identifying physical locations, and
the maintenance of the roadwaYs.
.E These items being addressed in the final project will meet the District's
requirements. As additional plans of development progress, we would like them to
be forwarded to us for additional review.
F. For all of the lots, vegetation should be less than six-inches tall for 15 feet around
structures. Woody vegetation should not be allowed I this zone. Additionally, there
shouldn,t be any flammable material stored in this first area such as firewood.
G. Beyond this zone, all grasses should be kept below a height of 6-inches out to a 100-
76
foot perimeter, especially for lots 10-18 where grasses are the primary fuels.
^EL Lots 1, - 8 should follow the standards for keeping grasses below the 6'inch height.
The 6.302 publication Creating Wild-fire Defensible Zones we gave to you on
November ]1gthr2003 which should be used as the standard for mitigation on these
and other lots. In the pinion and juniper forest below or above the structures these
lots should be thinned out to where there is a lO-foot spacing between the tree
canopies to a distance of 100 feet around any structure'
L Lot 9 was not visited on the trip, but from what I did see of the area, this lot needs
the most intensive defensible space. This is due to the approximate 25%o slope and
being surrounded by heavier fuels. Referring again to publication 6.302 and its
slope correction factors zone one should be changed from L5 feet to 30 feet. Also, in
zone two, the spacing between the tree canopies should be moved from 10 to 20 feet.
J. For Lots lg -27 rthey also need to adhere to keeping the grasses below 6'inches for
100 feet around structures. Iffeasible on these lots, structures should have a setback
of at least 100 feet from the edge of the mesa where the shrub coYer begins. If this is
not possible, any shrubs within 100 feet of any structure should be thinned into
groups. These groups should be no larger in diameter than two times their height.
Also groups should be no closer than two and one-half times their height.
K. Any other treatment beyond zone 2 and into zone 3 would greatly increase the
chances of structures surviving a wild-land fire.
Staff Comment: The Applicant has stated in the supplement binder of the Application that they have
met with the Rifle Fire Protection District and that these comments have been addressed to the
satisfaction of the District. Staff prefers to have a letter from the District that supports the
Applicant's testimony prior to the approval of final plat.
6. The Applicant shall provide a detailed inventory and weed map of the property for the
Garfield County listed noxious weeds. Russian-olive, salt cedar, Russian knapweed,
.\ whitetop, Canada thistle, and musk thistle are located in surrounding areas and may be
\ on this property. Staff is particularly concerned with the immediate management of
f Russian-olive and tamarisk if they are detected on the property. Staff suggests the
Applicant conduct this inventory and provide this information prior to the Board of
county Commissioners meeting on this application.
Staff Comment: No inventory or map was submitted to Staff prior to the hearing. The Applicant has
responded to this "!!4!r ith a statement that the ranch already employs a weed management
program called itionally, there are no known Russian-
olive, tamarisk, Russian iffip-on the ranch. Additionally, there is no Canada
thistle or musk thistle on the property. The Applicant states they will continue to work with the
County Vegetation Management Department to control weeds on the Ranch. Staff recommends the
17
BOCC require covenants that require individual lots to manage their own weeds and have a method
in the CC&Rs to accomplish this.
7. The Applicant shall submit a revised preliminary road design for all the roads that shows
the location of the emergency pullouts, fire hydrants, Rural Access design components,
and proposed improvements to the secondary emergency access road out to CR 210 so
that it can handle emergency response vehicles. This design shall be reviewed and
approved by the Rifle Fire Protection District. These plans and specifications shall be
submitted prior to the hearing before the Board of County Commissioners.
Staff Comment: The Applicant states that they met with the Rifle Fire Protection District and that the
revised engineering accommodates the District's concerns and have been approved by the District.
Staff prefers to have a letter from the District that supports the Applicant's testimony prior to the
approval of final plat.
8. The proposed improvements to all of the proposed roads as well as the central water
supply system with fire hydrants shall be constructed / installed prior to the signing of
the final exemption plat. The Applicant shall deliver construction plan sets to the County
for the roads and central water system with the final exemption plat application for
review by the County.
Staff Comment: The Applicant states that they are proposing this exemption as a phased
development rather than a traditional exemption where all the improvements are constructed prior to
the signing of a final plat. The Applicant proposes to construct improvements (roads, water,
electricity) prior to their selling any lots. This arrangement is not contemplated within the bounds of
the Rural Lands Development Option Exemption because it was envisioned that, once approved, the
developer would immediately develop the project similar to regular exemptions so that roads, water,
and sewer, etc. were available to all lots when the final exemption plat is approved by the County.
In the alternative, the Applicant proposes the following plat note that would allow a phased
development to occur over a long period of time and is stated here:
NO PARCEL, BLOCK, LOT, UNIT, OR FRACTIONAL INTEREST OR PORTION
OF ANY PARCEL, BLOCK, LOT OR UNIT WITHIN THE PROPERTY SHOWN
ON THIS FINAL PLAT MAY BE CONVEYED UNTIL SERVED BY ROAD,
DRAINAGE, WATER, SEWER, AND ELECTRICITY SERVICE AS SUCH
MAY BE REOUIRED BY THAT
BETWEEN (Owner)
COLORADO AND SAID REQUIRED IMPROVEMENTS HAVE BEEN
INSPECTED, APPROVED, AND ACCEPTED FOR MAINTENANCE BY
GARFIELD COUNTY, COLORADO IN ACCORD*ANCE WITH SAID
SUBDIVISION AGREEMENT.RE SPECIFICALLY
EXCEPTED FROM THIS PLAT RESTRUCTION. FUFIT$ERMORE, THE SALE
OF A BLOCK OF FIVE OR MORE LOTS TO A THIRD IPARTY IS EXCEPTED
FROM THIS PLAT RESTRICTION SO LONG AS THE PRUCHASING THIRD
CERTAIN SUBDIVISIONANu@eouNrY,
r"h
il.
\/
ul .{L18
PARTY ENTERS INTO A WRITTEN AGREEMENT WITH GARFIELD COUNTY
TO CONSTRUCT THE IMPBOVEMENTS IN ACCORDANCE WITH THE
Staff has had long discussions with the Applicant about this issue. Staff believes that while the
RLDO regulation was written for properties just like the one proposed to provide lots in exchange for
preserving active ranching, it was not envisioned as an estate planning tool which is how it's being
interpreted by the Applicant. Staff point out the following basic challenges with the Applicant's
proposal:
1)Phasing: This plat note envisions that the County rely on the real-estate transaction to be the
trigger for requiring improvements be put in place. In short, no sale can take place until roads
and utilities approved in this development have been put in place pursuant to a "subdivision
agreement." The Board needs to be aware that this is an Exemption and not a Subdivision.
The Board would need to determine 1) what kind of "agreement" would be required, and if
any security would need to be required?
Lot by Lot Development: In theory, the County would be required to enter rnto 23 separate
"agreements" if individual lot sales were contemplated. This creates a bureaucratic burden
for the County as each of these agreements, engineers cost estimates, engineering plans, etc
would need to be individually reviewed by Staff and presented to the BOCC for their
approval.
Staff's preference would be to allow a phased development in two phases where Phase 1 would be
Lots 1 - 8 and Phase 2 would be Lots 9 -21. The Board would need to pick a date cerlain by which
phases would be completed pursuant to a Subdivision Exemption lmprovements Agreement (SEIA).
That way the development occurs is a logical fashion with undue burden on the County while
providing surrounding residents with some surety that development will occur in those phases and
not be stretched out over a long time frame.
9. The Applicant shall provide a signed copy of the Contract to Provide Water Service and
Pre-Annexation Agreement to the County following the signing of the final exemption
plat so that tloth documents shall be recorded simultaneously in the Office of the Clerk
and Recorder.
Staff Comment:The Applicant states that they will record all documents at the time the final
acceptable.exemption plat is signed. This is
SUBDIVISION AGREEMENT BETWEEN (OwneQ
GARFILED COUNTY, COLORADO.
10. The Applicant shall provide a fully executed (signed by all
Conservation Easement" with the City of Rifle, CO as part of the
documents to the County.
Staff Comment: The Applicant states that they will record all documents
exemption plat is signed. This is acceptable.
2)
AND
parties) "Deed of
final plat submittal
at the time the final
79
/
11. The Applicant shall include the Fugitive Dust Control Plan submitted with the
application as an element in the protective covenants to be managed and enforced by the
HOA. The Applicant shall include provisions to this effect in the covenants to be
submitted as part of the final plat submittal.
Staff Comment: Because of the proposed phasing, the Applicant proposes to create a legal entity
(HOA) that will administer the dust plan. This would only be put in place once improvements were
started.
12. Staff will require the Applicant establish a HOA to govern the ownership, use,
maintenance, and fiscal obligations as they relate to the access easements to the property
as well as the internal roads that provides access to all the lots in the development. This
information shall be submitted with the final plat documents at final plat.
Staff Comment: Because of the proposed phasing, the Applicant proposes to create a legal entity
(HOA) at the point there are improvements to own, maintain, and operate as well as CC&Rs. They
do not intend to do this at the time of the signing of a final exemption plat; only at the time
improvements are begun which is uncertain.
13. The Applicant shall establish protective covenants to be administered by a Homeowners
Association that specifically provide covenants that assigns responsibility for weed
management on common areas, as well as individual lots.
Staff Comment: Because of the proposed phasing, the Applicant proposes to create a legal entity
(HOA) at the point there are improvements to own, maintain, and operate as well as administer
CC&Rs which are to include provisions for weed management. They do not intend to do this at the
time of the signing of a final exemption plat; only at the time improvements are begun which is
uncertain.
14. Prior to the hearing before the Board of County Commissioners, the Applicant shall
provide a road design for the secondary access route out of the project that has
demonstrated compliance with the following standards so that the Board could
adequately contemplate the request for a variance:
A. The applicant shall, by way of graphic illustration on a topographic map, show
the difference between a road that would comply with the grade requirements
and the proposed road with excessive grade.
B. The excessive grade is necessary to avoid the creation of a cut or the fill slope
that exceeds twelve (12) feet in height at the top of the cut or the bottom of the
hill.
C. That the excessive grade section is the minimum length and the minimum
\
Sh\
\
20
increase in grade necessary to provide access to all lots.
The excessive grade has a slope with exposure to maximize solar exposure and
minimize snodice build up.
All excessive grades in excess of 150 feet in length on dead end roads shall have
a turnaround approved by the appropriate fire district as to the adequacy of the
turnaround to meet fire equipment requirements.
If the applicant has not proposed or obtained Board of County Commissioner
approval for fire fighting water storage of adequate capacity at the top of the
excessive grade, the proposed excessive grade must permit the transport of such
water.
Staff Comment: The Applicant's engineer, Colorado River Engineering, Inc., provided a letter and a
plan and profile sheet for the proposed emergency access road showing a grade of up to 147a. The
Board may approve if they believe the forgoing standards have been met. Note, Resource
Engineering, on behalf of the County, reviewed this alignment and provided the following
comments:
"The road grade is at the steepest allowable grade for a distance of close to 500', additionally
there is an s-curve configuration in the middle of the steepest section that would render this
road nearly impassable in a snowy or icy condition. Even though the road is on a south
facing slope, it is within a cut-cut road section with cut slopes of 10'-16' tall more or less
putting it at the bottom of a north facing slope. The intersection with the gravel driveway
and shared driveway needs more design detail to determine if there are concerns with grades,
sight distance, etc. but it appears that the intersection approach grades are steeper than
allowed."
"Alternative locations should be investigated at a minimum. If this road is approved by the
Board of County Commissioners, It is my opinion that this roud should not be allowed to be
used by the general public. Crash gates or lock boxes should be used to prohibit use except
in emergency situations."
Chris Hale from Mountain Cross Engineering will be at the hearing to discuss these engineering
issues with the Board.
As you have read in the body of the memorandum, Staff has suggested the Applicant consider an
internal loop design that moves through the remainder Lot 28 that could dead end at Lot 10 with a
break away gate so that it could serve as the emergency access point rather than the main access
point for all lots 9 - 27 that will greatly impact the residence that was just built on the neighboring
property to the south in the Turgoose Development. See the illustrations below:
D.
E.
F.
27
As the BOCC will remember, the Turgoose Ranch Rural Land Development Option was approved
on April 19,2004 with access through the property being a private non-exclusive 60' access and
utility easement that began at County Road 293 and extended through the Turgoose properry to the
subject property. This easement has been in place since July 3, 2003 (recorded in Book 1489 on Page
132 and attached as an Exhibit to this memorandum.)
Because the road serves more than 10 lots, it is required to be improved to standards set forth in
Section 9:35 of the County's Subdivision Regulations which requires that this road serving the 18
lots be designed to a Rural Access standard because it is intended to serve 112.26 ADT generated
from the lots. The Rural Access standard requires a 50'minimum ROW, two 11-foot driving lanes,
two 4-foot shoulders, two 6-foot ditches, with a gravel surface. The application proposes a 60-foot
ROW which would certainly accommodate the design components in a Rural Access road.
The question Staff raises for the BOCC is that while this road standard applies to the internal lots
with the subject exemption, it does not address the physical road structure of the portion that
provides access back out to CR 293 that travels through Turgoose Ranch. Staff believes this entire
private non-exclusive easement from CR 293 to the last lot in Tybar (Lot2l should be brought up to
design standards for a Secondary Access. See the matrix below to see the difference:
22
Template
Design
Turgoose Ranch (Existing)
(Semi Primitive Standard)
Tybar Ranch (Proposed)
(Hural Access Standard)
Staff Proposal
(Secondary Access
Standard)
Design Capacity
(ADT)60 180 240
Minimum ROW 50 feet 50 feet 50 feet
Lane Width 20 feet Two 11 feet lanes Two 11 feet lanes
Shoulder Width 2 feet 4 feet 6 feet
Ditch Width 4 feet 4 feet 6 feet
Cross Slope 37o qravel 37o qravel 2"/"
Shoulder Slope EO/J/O tro/J/O SYo
Max Grade 1O/"1OY"1O7o
Surface Gravel Gravel Gravel or Chip Seal
vm.
l)
2)
FINAL PROJECT SUMMARY
The Planning Commission unanimously recommended the Board approve the Application with the
conditions set forth above being met. Staff has provided a comment on most of the conditions.
Conditions that were still requiring review by Staff prior to the BOCC hearing included the design
of the emergency access road design and the appropriate security measures (SIA) to ensure that the
lots created would be provided with adequate access, water, electricity, etc. and when a HOA was
to be created to own and maintain the roads and water system.
Staff suggests the BOCC require the Applicant submit a letter from the Rifle Fire Protection
District that approves of the internal road system, the external non-exclusive easement from CR
293 to the property, and the water system prior to any final exemption plat approval.
Staff suggests the BOCC include the Road and Bridge comments as conditions of approval:
A. A 3O-foot easement where the property adjoins CR 233 shall be deeded to Garfield
County;
B. All fences, structures, trees and brush that encumber this 30-foot easement shall be
removed prior to final plat;
C.A driveway access permit will be issued for the entrance onto CR 233 with provisions
specific to the driveway access; and
A stop sign will be installed at all entrances to County roads. All signs and installations
will be as required in the MUTCD (Manual on Uniform Traffic Control Devices).
5) Ultimately, the Planning Commission finds the primary and final issue to be resolved is that the
BOCC needs to specifically approve the Applicant's interpretation of phasing this development
which Staff believes is beyond the scope of the present regulations but could be workable.
r)
4)
D.
ZJ
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: June 9, 2005
Comments Due: July 1,2005
Name of application: Tybar Angus Ranch
Sent to: Garfield Countv Road & Bridee Dept.
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff contact: Fred Jarman
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Dept has no objection to this
aoolication with the followins reouests.
A 3O-foot easement where the propertv adjoins Cr. 233 will be deeded to Garfield
County. All fences. structures. trees and brush that encumber this 30-foot easement will
be removed at the sub dividers expense prior to final plat.
A drivewa), access permit will be issued for the entrance onto Cr. 233 with provisions
soecific to the drivewav access.
A stop sign will be installed at all entrances to County roads. All signs and installations
will be as required in the MUTCD (Manual on Uniform Traffic Control Devices).
Name of review agency: Garfield Count), Road and Bridge Dept
By: Jake B. Mall Date 7lO5/2O05
EXHIBIT
-9o06
Revised 3/30/00
EXHIBIT
0tog
June 23,2005
Garfield County Building and Planning
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Attention: Fred Jarman
Reference: Ty Bar Ranch
Mr. Jarman,
The Rifle Fire Protection District has reviewed the proposed Rural Lands Development
Option of the Ty Bar Angus Ranch. In review of this proposal, the District would make
the following comments:
1.The current agreement by the City of Rifle specifically exempts a guarantee of
providing adequate water for fire flows. In addition, data is not provided on
hydrant spacing, hydrant location, and size of water mains. The District
recommends hydrants to be placed within 500 feet of all structures with a
maximum spacing of hydrants of 1000 feet in areas that are not going to be built
upon. In areas where inadequate fire flow exists (less than 1000 gallons per
minute at 20 psi residual pressure) the district recommends installation of an
approved automatic fire suppression system.
The District would concur with Section 9 in the proposal, completed by The Land
Studio, that wild fire mitigation be completed in accordance with NFPA 299.
The roadways accessing lots 9 through 28 are unclear on the information
provided. All roadways are to meet recognized standards in grade, width, and
driving surfaces.
Posting of addresses needs to be completed in accordance with the International
Fire Code. It is unclear if the roads are proposed as County roads or as private
driveways. The District would like to be further involved with the addressing
system chosen, the specific methods of physically identifying physical locations,
and the maintenance of the roadways.
These items being addressed in the final project will meet the District's requirements. As
additional plans of development progress, we would like them to be forwarded to us for
additional review.
Sincerely,
Mike Morgan
Chief
2.
J.
4.
EXHIBITI5
JUN 2 7 2005
GARI, I L -;,,- li t j SJ-[.\
t'Ii-'o' i*c & i' Lhi"l|'l hlc
Jlune22,2005
Mr. Fred Jarman
Garfield County Building & Planning
108 Sth Street, Suite 201
Glenwoori Springs, CO Ei60i
RE: Tybar Angus Ranch
Dear Fred:
The owners of TyBar Angus Ranch requested the City of Rifle provide potable water to: I ) twenty-seven
(27) single-farnily estate type lots; 2) accessory dwelling units that occur in conjunction with 27 estate
lots; and 3) two (2) resider:rces on 600 acres being placed within a conservation easement. It was
understood the subject lots would be subdivided in Garfield County and remain in unincorporated Garfield
County.
The Rifle City Council authorized sale of out-of'-city water to Tybar Angus Ranch subject to the following
conditions:
1. There shall be no burden to the City of Rifle in providing out-of-city water service. All costs
associated with the delivery, maintenance, and monitoring of domestic water service shall be bom by
the individual homeowners or a HOA. Delivery shall not result in diminished service to in City
residents.
2. Water improvement fees and seruice fees shall be 200-percent of in-city rates.
3. Each new house shall be subject to the same Northeast Tank recovery fee paid for in-city residences.
4. Sewer service shall be required pursuant to the policy established by Resolution No. 3 Series 1,996.
5. Off-Site Street lmpact Fees and Parkland Dedication Fees shall be paid as if the City were approving
an annexation. Typic ttlly 213 of the total Off-Site Street Impact fees due are paid with the recording of
the Annexation PIat with the f,ural 1/3 prorated to each building permit. One-half of all Parklantl Fees
are due at Annexation with the second half prorated to each building permit. Northeast Tank fees shall
be due with building permit.
CITY oF RIFLE
2O2 RAILROAD AVENUE'P.O. BOX I9OA'RIFLE, CO 8I650
\^/WW.RIFLECO.ORG
coL
Fred .larman
Re: Tybar Angus Ranch
.lune 23,2005
Page 2 of 2
6. The pre-annexation agreemellt shall stipulate that any further development of the conservation area
and/or development areas shall occur ir-r compliance with all City land use regulations adopted at the
time development is proposed.
City Council made this decision for several reasons. The proposal is supported by Rifle's Comprehensive
Plan, which calls for the protection of ranching operations surrounding Rifle where practical. A 40 year
conservation easement will serve Rifle by providing a holding zone as Graham Mesa and northwest Rifle
develop in the coming years.
Providing water seryice will offer revenues to a depleted water enterprise fund and assist with servicing
the debt for the Northeast water tank. lt also allows the City to mitigate irnpacts to City streets and'parks
that will be created by land development.
The City will be able to parlicipate in and help achieve a true conservation development without
sacrificing levels of service to urban residents. The TyBar Ranch project will set an example for westem
Garfield County. The proposal offers a more efficient development pattern-the alternative being 35-acre
parcels or 5 - 10 acre parcels served by augmented wells-and allows the continuation of a ranching
operation.
Lastly, the development will offer a housing alternative in close proximity to the City of Rifle not
currently offered.
In closing, Rifle is anxior-rs to see this project succeed. This is demonstrated by the City's willingness to
be the grantee and steward of a 40 year conservation easement. We hope this project seryes a model in
other locations.
Should you have questions in the interim, please feel free to call me directly at 625-6253.
Sincerely,
Planning & Development Department
EXHIBIT
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(..'t'rrnhu;il{r;.), wtrlsc lddrcss is 1743 CR ZtO, tti-tt", CO 81650 anrl lhvid Kcndrll Danciger Trlsl
i-Dancigcf';. whosc addrcss is l22l Muit Dr.. litc. 1400, Dullas, fi 75251-2252 ("DECLARANTS")' .
I. RDCITALS
A, WHtKEAS. TAMBURT-:|.l,OS own thc lbllowing &scribed rcat propctty located in ( jarfield County,
Colorado, morc fonicularly described as:
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B, WllERfiAS, DANCIGER owns the tbllowing rlcscribcd rc0l propcrtv locatcd in Garficld County.
Colonrdo, tno.c pqnicularly dcscribcd os:
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Scc.2: SWI/4NEI/4, NEI/aSWt/4. SEI/tNWl/4. rnd Lot 3
c. WHSREAS. DANCIGER AND ',IAMBURELLO dcsi(, rO provide for acccss lo olui, rrrrrsflave
propcrtics;
D. WIIEREAS, OFCL.ARANTS intcod lo gnrnt und dcdiurrc joint and commort riShl.s to thc use of a non'
cxolusivc e&scment for rcccgs and utilirics to said propenics' and imposc on raid propenies. as covcnants running
with rhc lsnd, rhe obligation to johuly mtinEin lhc uccrcss rud uud utilities serning said Tracts.
TIIIIREFOR,E. DECLARANTS hcrclry declarc thc following non-cxclurive rights to usc olthc folluwing
dericrihcr.l c&sctnents. as graphictlty dcpicttd on thc amcl6d "Asccsr Eascmcnt Exhibif".
l.'IAMBURELI-OS herctry creare and grarl to DANCIGEB tJre tbllowing non.cxclusivo cascmenE. for
cm6gcncy rccess only and utilitics. for use DANCIOEI( anrl his successurs, rrssigns, agunts. employeeis. tcnrnts'
g**t. -i rnvitccg. tbr I p?iv0t€ cnlcrgcncy rccess roud, nncl Uriliry And dr.rinage putposcs' to thc lartds ownrd by
blrut:rCfn idcntificrl abovc subjccl io rhc ternrs. conditions and provisions hercinafter ret trrth hcrcin-
A. Across thc Acccrr Ersqmcnt. as d€scrib€d on thc Tarnburcllo North Excmption Plo(, recorded
in thc offrcc of thc Garficld Counry Clcrk and Rccordcr.
S. Frnrn the Uosemcnr dcscribcd in A. to thc wcstcrly borrndary oi'the Tamburcllo Nonh
Gxemption P6i, al a rnutually ugrocd location, ro bs locatcd, survcrycd, and conslrurlcd by I)ANCI(iER- : and
C. Thc right ro usc of thc llasemcnl crcated by Llcclnration rccordcd 7/032003, ut Rccenlion No. (
631000, in Book 1489 nt Pnge 132. except tlat usc ofthis bascmcnl shtll not he limitcrl to ctncrSency utc only. )
2. DANCICER hereby crcatcs and grants to Tamburcllos a non-cxclusivc qascrnent, for rccess tlnd
urilidcs, for usr: of TAMBUR-ELLOS, and thJir successoni, :rssigns, irgunts, cmployLts. tenonlg. gucsLr and invhecs.
lbr u privuc acccss m&d, and urility and <lrmnugr purposes. to rhc lands owne.d by TAMBURLLLOS idcntilitd
abovc, rubjccr ro (hc lcrmg. condirions aDd provisioni hcreinafter sct forth hcrcin. s.rid grsemcnl k) provide vshicular
and,rtilityLcccss frcm (hc Ersrrmcnt grnnted !o DANCIGIiR in l.B. to thc &rssmcnl dcscribcd in 1.C., bcing ocruss
thc wcrterly Forrinn ot'ihe NWI/4SEll4 of Scc. 2 md thcncc scross rhe SWI/4NE,l/4 of Sec.2. Actual locatiott of
this cascmcnt ro bc de ermined by DANCIGER and dcscribed Bnd consttuclL.d by DANCICER at his solc expeflsc'
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Consulting Engineens and Hydnologists
9O9 Colonado Avenue $r,, Glenwood Spnings, CO 81 601 ,; t97O) 945-6777
rNc
Mr. Fred Jarman
Garfield County Building and Planning Department
108 Eighth Street, Suite 201
Glenwood Springs CO 81601
July 11,2OO5
RE: Review of the Rural Lands Development Exemption for TY Bar Angus Ranch
Dear Fred:
At the request of Garfield County, Resource Engineering, lnc. (RESOURCE) has
reviewed the Rural Lands Development Exemption for the TY Bar Angus Ranch near
Rifle, Colorado. The submittal includes a spiral bound package dated April 26, 2OO5.
We reviewed the technical issues related to water rights and water supply, wastewater,
drainage, geology/soils, wetlands, and traffic. Our comments are presented below.
WATER RIGHTS AND WATER SUPPLY
The project is proposed to be served by connection to the City of Rifle municipal water
system. The City provided a letter dated February 14,2005 which states that it can and
will serve this project upon execution of the approved Pre-Annexation Agreement
between TY Bar Angus Ranch and the City of Rifle. The Agreement provides for service
for up to 29 single family units and 29 accessory dwelling units.
The 'West System' (Lots 1 - 8) will be served by a water distribution system connected
to the City main line located in County Road 233. Such distribution system will be
designed and constructed to City standards and will provide adequate pressure and fire
flows.
The 'East System" (Lots 9 - 27) will be served by a water distribution system connected
to the City main line at the City water storage tank located west of Lot 27. The East
System will not provide adequate pressure and fire flow due to the high elevation of
these lots. A pump station is required to provide municipal water service. The East
System may require CDPHE approval as a 'consecutive system'. The water source and
treatment would fall under the City approved system, but the distribution system would
be regulated and approved by CDPHE.
The water system layout and design have not been submitted. The water system shall
be approved by the City of Rifle, GARCO and/or CDPHE (as appropriate) prior to the
mnveyance of a lot. Since the exemption option does not have a final plat and SIA
process, the Applicant should propose a mechanism by which the County can ensure
design, approval, and construclion of the watersystem, if it is not to be constructed prior
to BOCC signature of the exemption plat.
The Applicant should obtain a letter from the Rifle Fire Protection District indicating
approval of fire protection for the East System. The project shall follow the
recommendations in the Wildfire Hazard Review prepared by Scott Formby in a letter
dated November 25, 2003.
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Fax (97O) 945-1137
Mr. Fred Jarman
Page 2
July 11 ,2OAs
WASTEWATER
lndividual Sewage Disposal Systems (ISDS) are proposed for the project. The 4 plus
acre lots are appropriate for ISDS. The CTL Thompson November B, 2004 report
indicates that the soils are generally suitable for conventional ISDS systems.
Percolation rates are anticipated at 10 to 100 minutes per inch. Engineered ISDS
systems may be required.
DRAINAGE
The exemption process requires that provision be made for any required storm drainage
improvements (Section 8.52.F). The submittal does not address drainage issues.
Review of the site mapping indicates that roadway culverts meeting County criteria will
be required. Design and construction of such culverts shall be included with the road
design described later.
SOILS/GEOLOGY
The CTL Thompson report indicates that potentially unstable slopes, low density and
expansive soils, and ground water will be encountered on the project. Therefore, a site
specific geotechnical investigation and foundation design shall be required with the
building permit application for each lot.
The geologic hazards map prepared by CTL Thompson should be overlaid on a site map
to ensure that the building envelopes are outside of the potentially unstable slope area.
TRAFFIC/ROADS
Since the project serves more than 10 lots, the internal roads shall be designed in
accordance with Section 9.35 of the County Subdivision Regulations. This project
requires a rural access road with a 50 foot right-of-way. The proposed exemption plat
appears to provide a 60 foot right-of-way. The road right-of-way should be dimensioned
on the map. As with the water infrastructure, the roads must be designed and
constructed prior to any conveyance of a lot.
Please call if you have any questions or need additional information.
Sincerely,
RESOURCE ENqtNEERtNG, tNC.
/ .a/-Z/.4' ,/-<z{4/.44>v
Michael J. Erxin,?.E. ' '
Water Res/urce Engineer
MJE/mmm
885-34.0
E:\Client\885\t ty bar angus exemption 885.docCC: Chris Manera, P.E., Colorado River Engineering
:!!i:FESOUFICEaaaaa.I"IE N G I N E E F IN G I N C
EXHIBIT
b5oa
From: Chris Hale [chris @mountaincross-eng.com]
Sent: Tuesday, January08,2008 2:17 PM
To: Fred Jarman
Subject: RE: Review of TyBar Development Exemption Option
Fred:
I reviewed the emergency road plan and profile. Here are my thoughts:
The road grade is at the steepest allowable grade for a distance of close to 500', additionally
there is an s-curve configuration in the middle of the steepest section that would render this road
nearly impassable in a snowy or icy condition. Even though the road is on a south facing slope, it
is within a cut-cut road section with cut slopes of 10'-16'tall more or less putting it at the bottom
of a north facing slope. The intersection with the gravel driveway and shared driveway needs
more design detail to determine if there are concerns with grades, sight distance, etc. but it
appears that the intersection approach grades are steeper than allowed.
Alternative locations should be investigated at a minimum. lf this road is approved by the Board
of County Commissioners, lt is my opinion that this road should not be allowed to be used by the
general public. Crash gates or lock boxes should be used to prohibit use except in emergency
situations.
Sincerely,
Mountain Cross
Engineering, Inc.
Chris Hale, P.E.
826112 Grand Avenue
Glenwood Springs, CO 81601
Ph: 970.945.5544
Fx: 970.945.5558
/n
EXHIBIT
!D.ot
Planning Commission Meeting
Minutes from the July 13,2005 Meeting
for
Tybar Rural Lands Development Option Exemption
PC Members Present
Phil Vaughan
Michelle Foster
David Stover
Shirley Brewer
Colin Laird (came in around 7:45)
Staff Present
Mark Bean, B&P Director
Fred Jarman, Assist. Pln. Director
Richard Wheeler, Senior Planner
Carolyn Dahlgren, Assist. Cty Atty
Michael Erion, Resource
Engineering did engineering review
Roll call was taken and the following members are absent tonight: Mike Deer, Jock
Jacober, Cheryl Chandler, and Bob Fullerton.
The next item on the agenda is a public meeting request to review an application for
Rural Land Development Option. The property is located on Graham Mesa, 1.5 miles
northwest if the City of Rifle. The applicants are proposing to subdivide 2OVo of the 723
acre Tybar Ranch into 27 residential lots while placing the remaining 807o of the ranch
into a 4}-year term agricultural conservation easement to be held by the City of Rifle.
The applicant is Davies Mesa Ranch Estates, LLC, Dancinger Special Power of
Appointment Trust (Mark Nieslanik)
Fred Jarman is the County Planner on this project.
Colin Laird excused himself from this item.
Present for the Applicant are Mark Nieslanik, Doug Pratt of The Land Studio and the
Planner working with Applicant, Chris Manera, Engineer with Colorado River
Engineering and Anna Dancinger, owner of the property.
Phil explained the process we would follow for this public meeting. First we will start
off with the staff presentation, questions from Commission, Applicants presentation,
followed by questions from the Commission, out to the public for comments and then
back to the Commission.
Fred reiterated that this is a public meeting. This is a Rural Land Developments Option
Application and typically they would only be heard by the BOCC but because there are
more than 10 lots that is why you are hearing this proposal. There is no noticing
required.
Fred entered following exhibits into the record:
Exhibit A & B listed can be removed from list since no noticing is required
Exhibit C: Garfield County Zonrng Regulations of 1978, as amended
Exhibit D: Garfield County Subdivision Regulations of 1984, as amended
Exhibit E: Application
Exhibit F: Staff Memorandum
Exhibit G: Memorandum from the Road & Bridge Department dated 619105
Exhibit H: lrtter from Steve Anthony datedl/5105
Exhibit I: Letter from the Rifle Fire Protection District dated 6/23105
Exhibit J: Letter from the City of Rifle dated 6/22105
Exhibit K: Easement Declaration
Exhibit L: Supplemental Information provided by Applicant
Exhibit M: Letter from Resource Engineering
Exhibit N: 7ll2l05 response from applicant
(Exhibit M & N were handed out tonight)
Exhibits C - N are accepted into the record.
Fred has a small site visit presentation of the property. Fred showed Boom's Place (the
last application heard) in conjunction with the Tybar Ranch property. Presently the 723
acres are in agricultural production.
The development will consist of creatin g 27 residential lots that are approximately 4.5
acres each in size and are clustered into two separate areas on the east and west portions
of the ranch. The remainder of the ranch (Lot 28) would remain in full-time agricultural
use.
ISDS are proposed on each lot. Water will come from the City of Rifle. Off of CR 233
is the main entrance in to the propefty on the west side. Private and secondary access
easement proposed to the east. Property is currently zoned A/R/RD.
The idea and concept behind the Rural Land Development Option is to allow a
mechanism for large properties to achieve some kind of lot wealth if you will by also
preserving the majority of the property in an agricultural use or a conserve use. The
Applicant is not proposing to create any lots using the traditional exemption process. The
Applicant is eligible for 28 new lots as a result of the following calculation:,/ 1 Lot for each 35 acre lot that could have been created: 20 lots,/ 1 Lot for every 100 acres in parent property:
the
./ 1 Lot for going through the process:
7 lots
I lot
Total Lots: 28 Lots
(The west pod will serve lots 1-8 and the east pod will serve lots 9-21)
The proposed road would cross over drainage easement. Access to the ranch comes from
two county roads (CR 233 and CR 293). CR 233 provides direct access to Lots I - 8
while access to Lots 9 - 21 comes from a very long 60-foot non-exclusive access
easement from CR 293 through the Turgoose Ranch property then to the ranch. (way
longer than 1000 feet) A secondary emergency access from the ranch out to CR 210 by
way of a 60-foot non-exclusive easement is also proposed with emergency pull-outs
along the way. Primary roads within Tybar Ranch project will be no steeper than lZ%o rn
grade. A variance may be required for the emergency access as the grade on that road
mayexceed l2%ouptoagrade of l4%o. TheroadservingLots 10-27is approximately
4,000 linear feet long as it enters the ranch from an easement through a property to the
south through the Turgoose Ranch.
In the geo-technical analysis done by CTL Thompson, there are a number of potential
unstable slopes. Building envelopes need to be moved out pf the unstable slope area.
Foundations will be required to be designed by a Colorado Professional Registered
Engineer. Depending on the psrc rate on each lot will decide whether an engineered
ISDS will be required or not.
Michael Erion is here tonight and can speak on the water issue.
Doug Pratt spoke of the pre-annexation agreement with the City of Rifle. The applicant
does not want to enter into that agreement without the approval of this proposal from the
County. Fred stated we do have suggested conditions of approval that tie all of the
agreements together.
Fred Jarman said the water system there are two separate components. There is a water
main in CR 233 that would serve a series of lots. There is a water tank on the property
that would serve the other lots through the pre-annexation agreement with the City of
Rifle. Water pressure has to be boosted for pressure to those lots for household use and
emergency use for fires. The larger lots require approval from the Colorado Department
of Public Health & Environment for the extension of infrastructure. Michael Erion is
here tonight and can answer questions and Fred knows that the applicants engineer wants
to speak on this issue as well. Staff is suggesting that we obtain some approved plans
from CDPHE for this before any approval is given by the BOCC. The same is true for
the roads.
When does all this happen? This is an interesting project because it is an Exemption, not
a Subdivision. When does infrastructure and improvements get completed? Since this is
an exemption we do not have a subdivision improvements agreement or a letter of credit.
We have what is called a development agreement which contemplates how the
"conserved partial" is managed. Regulations state you do have to have infrastructure in
place when you sell the first lot. Fred said the applicant has suggested there could be
some kind of security that the county could hold. There may be other legal ways to craft
documents that would achieve the same thing a subdivision improvements agreement
would do for this.
Phil asked if there ale any questions for staff. None were asked at this time'
Mark Nieslanik who manages Tybar Ranch spoke next for the applicant. The reason
primarily why they got started is to keep the agricultural production running as long as
possible. ThLy have been working on this proposal for several years now' They never
envisioned naving to sell any of these lots right a way and so that goes into Fred's
comments about security and putting infrastructure in. David, the owner, passed away in
November and before frL passiO away he wanted to make sure the ranch would continue
so we started this process quite sometime ago.
Doug pratt will speak next. David Dancinger died November 13, 2004 and they had a
Titlo Commitment done before his death and so the current information is under Davies
Mesa Estates, LLC and Dancinger Special Power of Appointment Trust. Will update title
commitment before they go to the BOCC. Related to the development of infrastructure;
they bought a corner of an adjoining property to preserve the agriculture on this property
for the next 40 years. One of the first things they did was start talking to the Town of
Rifle and they are very interested in talking about a time limited conservation easement.
The applicunt hop"r ihut or"r the years it will possible to find funding to keep open
space. th"t. is potential to turn this term easement into a perpetual easement'
Doug pointed out access to the property. 60" emergency access easement goes out to CR
210. Will have a looped road for emergency access in and out of the property'
Doug reviewed his Exhibit N. Most of the comments basically stated, they agree with the
recommendation so he will let those be. will move to the ones that we have some
discussion points.
o Staff recommended condition #2: They would like some additional time because
of the estate planning process. Don't have engineering level road drawings done
for all of the infrastructure and water infrastructure that they need. Will have
some time before Bocc meeting to do some additional work.
o Condition 54: Do have adequate water for fire flows. Chris Manera has
reviewed but maY need more time.
o Condition #8: Do want to do that. Want to submit security for infrastructure'
Want to do a phasing plan. West portion will be Phase 1 and the eastern portion
would be Phase 2.
Chris Manera reviewed water location of tank and delivery. Will have to design water
system like a subdivision process. Water vault will require application from Colorado
Department of Health. Citt of Rifle will check water quality. Have to go back to City to
approve both systems.
Carolyn Dahlgren referred to Exhibit J, paragraph 4, which states "sewer service shall be
requiied pursuant to the policy established by Resolution No. 3 Series 1996". She is
guessing ihut ruyr if you inn"* into city, then you must also join the sewer system. Is
ihut .o.r""t? Chris Mun".u said that is correct. Carolyn asked so you are going to put in
4
the dry lines for the western side. Chris said he thinks that was one of the requests from
the City of Rifle. Carolyn mentioned that she didn't she anything in the pre-annexation
agreement about that now.
Doug Pratt said they have discussed that option for sewer. Will do ISDS at this point.
Only water with city right now.
Doug Pratt said they have sized lots for 4 acres or greater so future owner could apply for
an ADU under an SUP if they wanted to.
No further presentation was given by the applicants. Moved out to the public for
comments. None were given so that portion of hearing was closed.
David Stover has a question about the 120 days mentioned under Condition #2 and what
are the rules. Fred Jarman responded that applicant can request an extension up to ayear.
The BOCC can approve that if requested. (one year from the original approval date) The
Planning Commission can make a recommendation to the BOCC. Fred said that raises a
second issue related to the 45 day time frame for hearing before the BOCC. The
applicant typically waives the time frame.
Doug said they are asking for enough time between this hearing and the BOCC hearing to
work out the details. Applicant will waive the 45 day requirement.
Phil Vaughan commented next. This whole development is a great thing. He thinks
County is well protected in all areas that are noted here in the staff recommendations. He
will get into thi security issue. He thinks the intent of staff is to work through this and
.o1n" up with something reasonable. Letter of credit is very costly in comparison to
bonds.
Carolyn Dahlgren stated the protection is for future lot owners. Not the County. (This is
for roads, water, etc.) Doug Pratt totally agrees that future lot owners need to be
protected. Glad to work with staff and Council to work on details. Mark Nieslanik made
a few more comments.
Phil Vaughan stated this is a good development in Garfield County. Have to come up
with some creative legally created acceptable way of securing this project without forcing
these folks to go direct to start selling lots.
Shirley Brewer asked what would be the motivating factor to start the development.
Mark Nieslanik spoke. Unfortunately in agriculture if you want to stay in agriculture you
have to incur costs. This has become a lot more expensive then they had ever envisioned.
If we have to put a letter of credit up for security, we also have to continue our
agriculture operation, feed our cattle, pay our employees, do everything else that we are
normally doing, plus protect the land. Right now we are in pretty good shape' But if we
go back into a drought situation and we have to liquidate some of our livestock then that
could force their hand. We are still in the process of settling David's estate so we aren't
5
quite sure where we are. They started this process three years ago and it has been an
interesting process and they really hope to continue it. They are trying to go through the
process and keep the process going so that other agricultural operations will say you
know they did it and there is a way. There are things in the process that make this very
costly and security is one of those issues.
Fred Jarman mentioned that the forty (40) year term on conservation easement is not a
Garfield County creation. That is a State Statute creation.
Phil Vaughan asked about any other way to secure property. Carolyn Dahlgren said the
Statute helps us. The Danciger's have hired Tom Todd and between all of us we will
figure it out.
Doug Pratt said they focused on conservation section of application and operation so they
still have some work to do on the development portion of application.
Carolyn Dahlgren asked the Applicant if the City of Rifle has approved their form of
conservation easement. Doug Pratt said they have met with the Town Council and they
have supported that with staff. Do need final sign off still through a final vote. Carolyn
noticed that it refers to some pending water court matters. Has that all been settled. Doug
asked the pre-annexation agreement? Carolyn said no, the Deed of Conservation
Easement. Mark Nieslanik thinks they picked that up by the Carbondale Ranch. Doug
said he will have to research that.
David Stover said the first thing is the 45 day period between the Planning Commission
and BOCC meeting. The applicant is going to waive that so it is a mood point. Under
condition #2, David stated applicant will have one year to present the Final Plat to BOCC
for signature from date of conditions of approval. Under the phasing part of this,
condition #8, Doug suggested to David to read the last sentence in their response. That
might help you out. David stated that we recommend that the applicants work with staff
to find an adequate method of security. Doug asked if it would work to include a security
phasing plan. Fred said you could.
Michelle Foster said so basically we are covered by that 147a grade. Fred stated that you
are suggesting that a variance be approved. David said yes. Fred said that could be
condition #15. Fred said as long as the applicant can support the required items under
condition #14, then staff supports variance.
Fred made one last comment if you care to entertain it and that is related to the separated
minerals and a statement needs to be included on the final plat. (add condition as 3(k))
Phil Vaughan wanted to clarify the motion. Looking at the staff recommendations under
rtem#2, the applicant shall have one year to submit the final plat to the Commissioners
for signature from the date of condition of approval. Add a condition number 3(k) using
the standard mineral separation language noting that surface and minerals have been
separated as a plat note. Condition #8 that prior to submittal of final plat, security will be
provided to Garfield County to insure that the completion of road, water, electrical and
telephone infrastructure for the project will be completed by the owners prior to the sale
of any lot or the construction of a residence on any lot. Phil said it may be best on that if
David this is the way you intended, that the County and the Applicant will come to an
agreement in regards to the appropriate security for public improvements. David Stover
said most definitely working with staff. Then lastly adding a condition #15 noting that if
the applicant can demonstrate meeting the county standards that would support the
variance of a maximtm l4%o grade on access or emergency access road. Phil asked if
that is an accurate representation of your interpretation. David Stover said it sounds
good. Michelle Foster seconded the motion. Phil asked if there is any further discussion.
David asked the applicant if they had any further comments. No real further discussion
was made. A vote was taken and all approved the motion unanimously.
1
EXHIBITo
TO:
FROM:
DATE:
RE:
Fred Jarman, Garfield County Commissioners & Staff
Ben & Jil Hegwer - Land Owner's; Turgoose Ranch Lot 6
1-8-08
Public Comment Summary / Ty Bar Development Proposal
o The traffic generated to access Lots 10-27 will have to travel along either 16th St.
or Graham Mesa Road, the influx of traffic with this proposed plan will present
more danger to an already hazardous road situation. The blind narrow curves and
constant rock slides need to be addressed prior to the approval of any additional
traffic due to future development. It is also unclear how the current plan will
access Lotg &28,if these lots are to be accessed in the same manner; this
additional traffic also needs to be accounted for. We believe that access from CR
233 rs a safer solution.
o Integrity of Conservation Easements: Once a property is placed into a
conservation easement, how do we further protect the intention of the easement
and protect the land and the wildlife within the conservation easement?
After closing on our property in May 2007, we met with Aspen Valley Land Trust,
Fred Jarman, and Mark Nieslanik in regards to the access easement to familiarize
ourselves with the Conservation Easement and the future plans for development. Our
goal is to preserve the integrity of the conservation easement on the Turgoose Ranch
as well as see TyBar achieve their goals of future development with an additional
conservation easement. We had hoped to see more discussion about the "Looped
Road Design" that staff suggested in July 2005, but were told this idea was not
explored because it would split TyBar's Ag. Land in half, therefore the conservation
easement would be in 2 parcels. We believe this land is already split by a2 track
road.
We would like for the following to be considered:
1. The "Looped Road Design" be used that would come off of CR233, this would
eliminate the need for the extremely long access and also decrease the influx of
traffic on 16th St. and Graham Mesa Road.
2. Vacate the access easement from in front of my home and re-locate this easement
for the emergency access easement to the north"/west or east side of Lot 9. This
emergency access would be south facing and would be safer during the winter
months especially considering the location of the proposed location of the
emergency access as submitted by TyBar. This option is a better access for
emergency vehicles and response time would be shortened via Rifle Fire
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- DAVIES MESA RANGHI
I ESTATES, LLC
t
DAVID K. DANCIGER
'SPECIAL POWER OF
APPOINTMENT TRUST
Overall Parcel
722.44 Acres
Remainder Parcel
551.23 Ages
OverallWest Parcet
56.72 Acres Overall East Purcel
114.49 Acres
Tybar Ranch
P,Xn,g,rship
Exhibit
F _f Orrn PIB/ORT
rhisPoricyisissued,,,,lf,gf,',[l','Hffl
fi Htll?llrr.:l1p"ff
canceredour order No' Gw6300040I*I --- '"\urE'' rrcr'(
Liabirity:
Fee:
*;+r*,'J#'.'lJ:fl:T-;'#"f,:,r:XlTilii[TT,orand
other provisions orthe condirions
OLD REPUBLIC NAluc,.po.,til",:'#"?Tll;J,,il.:,,#;"r,;:NcEcoMpANy
GUARANTEES
HOLLAND AND HART
i:fiil:if #";:iHildli:#:* j:#sT#;T",",,,ffi n:Hffi hi,T.:,HilH".:til;,:,.."u,
1' Titre to said estate or interest at the date hereof is vested in;
,
"#1X'.Y3'#,ru'f,?'Jft 'f,?,h'?*1,+^:1trf
ilt;f y,qDAVTDKDAN.TGER
2. The estate or interest in the Iand hereinafter
A Fee Simpre
---v rq'u rrtrelnatter described or referred to covered by this Binder is:
R"p.",un,i,L!T,I*,ffi :T:h::iT,lilr,,,u.,,"ucompany
$50,000.00
$0.00
mcr@
LTG Policy No. LTAQ6300040I*l
Form PIB/ORT
Our Order No. GW63000401*l
3. The land referred to in this Binder is situated in the State of Colorado, County of GARFIELD
described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
4. The following documents affect the land:
I. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 05,
1919, IN BOOK I12 AT PAGE 508, RECORDED OCTOBER 6, I9I9 IN BOOK I12 AT
PAGE 509, RECORDED NOVEMBER 28, 1960 IN BOOK 33I AT PAGE 195, AND RECORDED
AUGUST 19, I92O IN BOOK I12 AT PAGE 527
2, ALL O[ AND GAS AND THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS
CONTAINED IN UNITED STATES PATENT RECORDED NOVEMBER 28, 1960 IN BOOK 331
AT PAGE 195.
3. UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED
AND DESCRIBED IN DEED RECORDED AUGUST 8, 1969IN BOOK 403 AT PAGE 599, AND
ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
4. UNDIVIDED ONE.HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED
AND DESCRIBED IN INSTRUMENT RECORDED AUGUST 8, 1969IN BOOK 404 AT PAGE I,
AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
Form PIB/ORT
LTG Policy No. LTAQ6300040I+t
Our Order No. GW63000401*l
4. The following documents affect the land: (continued)
5. UNDIVIDED ONE.HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED
AND DESCRIBED IN INSTRUMENT RECORDED AUGUST 8, 1969IN BOOK 404 AT PAGE 3,
AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
6. UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED
AND DESCRIBED IN INSTRUMENT RECORDED AUGUST 8, 1969IN BOOK 404 AT PAGE 5,
AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
7. UNDIVIDED ONE-FOURTH OF ALL OIL, GAS AND OTHER MINERALS AS RESERVED AND
DESCRIBED IN DEED RECORDED JULY 1I, 1969 IN BOOK 403 AT PAGE I52, AND ANY
AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
8. UNDIVIDED ONE-HALF INTEREST OF ANY AND ALL OIL, GAS AND OTHER MINERALS AS
RESERVED BY CARL LUNDGREN IN DEED RECORDED APRIL 20, 1949IN BOOK 241 AT
PAGE 439, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
9. TERMS AND CONDITIONS OF CONTRACT COMPENSATING LANDOWNERS FOR GOVERNMENT USE
OF RESERVED RIGHT OF WAY DESCRIBED IN INSTRUMENT RECORDED NOVEMBER 27,
1967 IN BOOK 390 AT PAGE 335.
IO. EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT
RECORDED OCTOBER 20, 1960 IN BOOK 330 AT PAGE 356.
1I. EASEMENT AS GRANTED TO COLORADO UTE ELECTRIC ASSOCIATION IN INSTRUMENT
RECORDED JULY 30, 1963 IN BOOK 352 AT PAGE 88.
12. EASEMENT AS GRANTED TO COLORADO-UTE ELECTRIC ASSOCIATION IN INSTRUMENT
RECORDED NOVEMBER I, 1976IN BOOK 489 AT PAGE 8I8 AND IN BOOK 489 AT PAGE
82t.
13. UTILITY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO AND THE
MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED MAY
1, 1992 IN BOOK 830 AT PAGE 635.
14. EASEMENTS AND RIGHTS OF WAY FOR ANY AND ALL EXISTING IRRIGATION DITCHES,
LATERALS, CANALS OR PIPELINES INCLUDING, BUT NOT LIMITED TO: RIFLE CREEK
CANNON DITCH, MCLEARN LATERAL OF THE DAVIE DITCH, DAVIE DITCH, FIRST
ENLARGEMENT OF THE DAVIE DITCH, AND DAVIE LATERAL NO. I.
LTG Policy No. LTAQ6300040I*1
Form PIB/ORT
Our Order No. GW63000401*l
4. The following documents affect the land: (continued)
15. EASEMENT AND RIGHT OF WAY FOR COUNTY ROAD NO. 233.
16. EXISTING LEASES AND TENANCIES.
17. ENCROACHMENT OF FENCES FROM SUBJECT PROPERTY ONTO ADJACENT PROPERTIES AS
SHOWN ON SURVEY PREPARED BY SCHMUESER GORDON MEYER INC., DATED JULY 9,
1993.
18. ANY AND ALL POSSESORY RIGHTS AND INTEREST IN AND TO ALL THAT PROPERTY LYING
OUTSIDE OF THE FENCES AS SHOWN ON SURVEY PERPARED BY SCHMUESER GORDON
MEYER rNC., DATED JULY 9, 1993.
19. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED JULY 16,
1993 IN BOOK 868 AT PAGE 790.
20, TERMS, CONDITIONS AND PROVISIONS OF SURFACE USE AGREEMETN RECORDED
SEPTEMBER 20, zOO5IN BOOK 1727 AT PAGE 930.
21. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 05. 1995 IN
BOOK 952 AT PAGE 82.
(THE ABOVE ITEM AFFECTS PARCEL AAND C)
22. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 21, 1906, IN BOOK 56
AT PAGE 535 AND RECORDED NOVEMBER 28, 1960 IN BOOK 331 AT PAGE I95
23. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 21,
1906, IN BOOK 56 AT PAGE 535 AND RECORDED OCTOBER 6, I9I9 IN BOOK I 12 AT
PAGE 509 AND RECORDED NOVEMBER 28, 1960 IN BOOK 33I AT PAGE I95
24. RESERVATION OF FIFTY PERCENT OF ALL MINERAL RIGHTS AS RESERVED BY GEORGE
EVERETT TURGOOSE AND DOROTHY TURGOOSE IN DEED RECORDED MARCH 2, 1990 IN
BOOK 773 AT PAGE 789, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS
THEREIN.
LTG Policy No. LTAQ63000401*l
Form PIB/ORT
Our Order No. GW63000401*1
4. The following documents affect the land: (continued)
25. EASEMENT AS CONTAINED IN WARRANTY DEED RECORDED FEBRUARY 21, 1906 IN BOOK
64 AT PAGE 372.
26. DITCH STATEMENT RECORDED JULY 18, 1887IN BOOK 18 AT PAGE 5 UNDER RECEPTION
NO. 4832.
27. RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF RIFLE CREEK DITCH AS SHOWN ON
suRVEy By SCHMUESER GORDON MEYER, rNC., DATED JULY 28, 1994.
28. EASEMENT AND RIGHT OF WAY FOR COUNTY ROAD 233.
29, TERMS AND CONDITIONS OF GARFIELD COUNTY RESOLUTION NO. 8I.160 RECORDED MAY
28, 1981 IN BOOK 572 AT PAGE 787.
30. EASEMENT GRANTED TO COLORADO UTE ELECTRIC ASSOCIATION IN INSTRUMENT
RECORDED JULY 30, 1963 IN BOOK 352 AT PAGE 88.
3I. UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED
AND DESCRIBED IN INSTRUMENT RECORDED AUGUST 8, 1969IN BOOK 404 AT PAGE 5,
ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
32. EASEMENT AND RIGHT OF WAY AS GRANTED TO US WEST COMMUNICATIONS, INC., A
COLORADO CORPORATION IN INSTRUMENT RECORDED APRIL 20, 1994IN BOOK 899 AT
PAGE 5OI.
33. EASEMENT AND RIGHT OF WAY FOR THE RAYNARD DITCH.
34. ENCROACHMENT OF FENCES FROM SUBJECT PROPERTY ONTO ADJOINING PROPERTY AS SET
FORTH ON THE SURVEY PREPARED BY SCHMEUSER GORDON MEYER, INC., DATED JULY
28, 1994.
35. ANY AND ALL PROPRIETARY RIGHTS AND/OR INTEREST IN AND TO ALL THAT PORTION
OF THE SUBJECT PROPERTY LYING OUTSIDE OF THE FENCELINE AS SET FORTH ON THE
SURVEY PREPARED BY SCHMEUSER GORDON MEYER, INC., DATED JULY 28, 1994.
LTG Policy No. LTAQ63000401*l
Our Order No. GW63000401*1
EXHIBIT ''A" LEGAL DESCRIPTION
PARCEL ''A'
A PARCEL OF LAND SITUATE IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE
6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH I/4 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO. I57IO
IN PLACE;
THENCE S 34 DEGREES 3I' O8'' E 395.92 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE N 90 DEGREES O()' OO' 8992.23 FEET;
THENCE S OO DEGREES OO' OO'' E 2202,75 FEET;
THENCE N 90 DEGREES O()' OO'' W 8OO.5O FEET;
THENCE S OO DEGREES OO' OO'' E 586.42 FEET;
THENCE S 89 DEGREES 27' 13'W 390.73 FEET;
THENCE S OO DEGREES 26' 42" E 1321.75 FEET OT THE SOUTH CENTER I/16 CORNER OF
SECTION 2, AN ALUMINUM CAP LS NO. 10871 IN PLACE;
THENCE S 89 DEGREES 26' 21'' W 147.35 FEET;
THENCE N 18 DEGREES 47' 24" W 772.28 FEET;
THENCE N OO DEGREES OO' OO'' E 1219.77 FEET;
THENCE N 28 DEGREES 25' 19' W 423.71FEET;
THENCE N OO DEGREES OO'OO" E 900.85 FEET;
THENCE N 90 DEGREES OO' OO'' E 786.49 FEET;
THENCE N OO DEGREES OO' OO' E 89I.67 FEET TO THE POINT OF BEGINNING,
(WHENCE THE SOUTH l/4 CORNER OF SECTTON 32, ANALUMINUM CAP LS NO. 16397IN
PLACE BEARS N 33 DEGREES 06' 48" E 392.09 FEET).
PARCEL A-2 WAS FORMERLY A PORTION OF A PARCEL DESCRIBED AS ''PARCEL A'' WHICH
,PARCEL A'' IS DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATE IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE
6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 2, AN ALUMINUM
CAP LS NO. 15710 IN PLACE; THENCE S 34 DEGREES 3l' 08" E 395'92 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE N 90 DEGREES OO' OO'' E992,23 FEET;
THENCE S OO DEGREES OO' OO' E 2202.75 FEET;
THENCE N 90 DEGREES OO' OO'W 8OO.5O FEET;
THENCE S OO DEGREES OO' OO'' E 1210.65 FEET;
THENCE N 89 DEGREES 33'27'E 234.05 FEET; THENCE S 00 DEGREES 26'33" E 696.88
FEET TO A REBAR AND CAP LS NO. 31143 IN PLACE; THENCE S 89 DEGREES 2s' 53" W
619.90 FEET TO THE SOUTH CENTER 1/16 CORNER OF SECTION Z, AN ALUMINUM CAP LS
NO. 10871 IN PLACE;
THENCE S 89 DEGREES 26' 21' W 147.35 FEET;
THENCE N 18 DEGREES 47' 24" W 772.28 FEET;
THENCE N O() DEGREES OO' OO'' E 1219.77 FEET;
THENCE N 28 DEGREES 25' 19' W 423.71FEET;
THENCE N OO DEGREES OO' OO'' E 900.85 FEET;
LTG Policy No. LTAQ6300040I+1
Our Order No. GW63000401+1
EXHIBTT "A" LEGAL DESCRIPTION
THENCE N 90 DEGREES 00'00. E 786.49 FEET; THENCE N 00 DEGREES 00'00'E 891.67
FEET TO THE POINT OF BEGINNING, WHENCE THE SOUTH 1/4 CORNER OF SECTION 32, AN
ALUMINUM CAP LS NO. 16397IN PLACE BEARS N 33 DEGREES 06' 48'' E 392.09 FEET).
PARCEL B:
A PARCEL OF LAND SITUATE IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE
6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH WEST I/16 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO'
I571O IN PLACE;
THENCE N O() DEGREES 26' 35'' W 555.00 FEET;
THENCE N 89 DEGREES 26' 2I'' E 153.78 FEET;
THENCE S 44 DEGREES 55' 25'' E 584.12 FEET;
THENCE S OO 33' 39" E 137.40 FEET;
THENCE S 89 DEGREES 26' 21' W 563.34 FEET TO THE POINT OF BEGINNING.
PARCEL C
A PARCEL OF LAND SITUATE IN THE NEl/4 OF SECTION 3 AND THEN NW1/4 OF SECTION 2'
TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF
COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH WEST CORNER OF SECTION 2, A CHISLED 'X' IN CONCRETE IN
PLACE; THENCE S 04 DEGREES 02' 14" 8790.72 FEET;
THENCE S 00 DEGREES 24' 42" E 638.72 FEET; THENCE S 22 DEGREES 58' 13" W 42r'44
FEET;
THENCE S 89 DEGREES 38' 37' W 515.51 FEET; THENCE N 06 DEGREES 49'00" E 676.10
FEET;
THENCE N 7G DEGREES 13' 34" E 140.32 FEET; THENCE N 13 DEGREES 46' 38' E 333.01
FEET;
THENCE N 89 DEGREES 43' 55'' E 379.52 FEET TO THE TRUE POINT OF BEGINNING,
(WHENCE THE SOUTH EAST CORNER OF SECTION 31, AN ALUMINUM CAP LS NO. 16397IN
PLACE, BEARS N 24 DEGREES 27' 24" E 868.20 FEET).
TYBAR WEST.I
A PARCEL OF LAND SITUATE IN THE NEl/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M., COUTNY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH WEST CORNER OF SECTION 2, A CHISELED ''X'' IN CONCRETE IN
PLACE; THENCE S 88 DEGREES 42' 49' W 622.78 FEET OT THE TRUE POINT OF
BEGINNING;
THENCE S 02 DEGREES 20' OO'' W 279.06 FEET;
THENCE S 70 DEGREES 16' 38' W 623.93 FEET;
LTG Policy No. LTAQ63000401*1
Our Order No. GW63000401*1
EXHIBIT "A" LEGAI DESCRIPTIOT'I
THENCE S 04 DEGREES 12' O5'' W 1307.59 FEET;
THENCE S 89 DEGREES 40' 51" W 43.35 FEET;
THENCE N OO DEGREES 19' O9'' W 127.40 FEET;
THENCE N 61 DEGREES 35' 39'' W 940.78 FEET;
THENCE N 2I DEGREES 27' 48'' E 588.11 FEET;
THENCE N 42 DEGREES 47' 31'' E 443.45 FEET;
THENCE N 53 DEGREES 40'56'E 503.48 FEET;
THENCEN35DEGREES45'08'.E645.T0FEETToTHETRUEPOINToFBEGINNING.
PARCEL TYBAR WEST-I WAS FORMERLY A PARTION OF A PARCEL DESCRIBED AS ''TYBAR
WEST' WHICH ''TYBAR WEST" PARCEL WAS DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATE IN THE NE1/4 OF SECTION 3, TOWNSHIP 6 SOUTH' RANGE 93
WESTOFTHE6THP.M.,COUNTYOFGARFIELD,STATEOFCOLORADO,SAIDPARCELOF
LANDBEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS:
COMMENCING AT THE NORTH WEST CORNER OF SECTION 2, A CHISELED ''X'' IN CONCRETE IN
PLACE;
THENCE S 88 DEGREES 42, 49, w 622,78 FEET To THE TRUE P0INT oF
BEGINNING:
THENCE S 02 DEGREES 20' OO" W 1045.27 FEET;
THENCE S 85 DEGREESST'27" W 374.85 FEET;
THENCE S 13 DEGREES 37' 28'* W 758.95 FEET, (WHENCE THE NORTH 1/16 CORNER
BETWEEN SECTIONS 2 AND 3, AN ALUMINUM CAP LS NO. 1087I IN PLACE' BEARS N 89
DEGREES 38' 37" E 1230.93 FEET); THENCE S 89 DEGREES 38' 37" W 100'38
FEET;
THENCE N 04 DEGREES 12' 05" E 15.64 FEET;
THENCE S 89 DEGREES 40' 52' W 43.35 FEET;
THENCE N OO DEGREES 19' 09" W 127.40 FEET;
THENCE N 6I DEGREES 35' 39'W 940.78 FEET;
THENCE N 21 DEGREES 27'48'E 588.11 FEET;
THENCE N 42 DEGREES 47' 3I'' E 443.45 FEET;
THENCE N 53 DEGREES 40' 56' E 503.48 FEET;
THENCE N 85 DEGREES 45' 08- E 645.70 FEET TO THE TRUE POINT OF
BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL'B''
THE GOOD/DANCIGER RANCH
TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN
SECTIoN 2: LOTS 2, 3 AND 4, SEl/4Nw1/4, SW1/4NE1/4, NE1/4SW1/4
SECTION 3: LOT I
TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN
SECTION 32; SW1/4, S1/2NW1/4, NWl/4NWl/4
SECTION 31: THE SOUTH TWO-THIRDS OF THE SE1/4SE1/4
LTG Policy No.LTAQ6300040l*l
Our Order No. GW63000401*l
EXHIBIT "A" LEGAL DESCRIPTION
EXCEPTION THEREFROM:
THE TRACT OF LAND SITUATE IN LOT I, SECTION 3, TOWNSHIP 6 SOUTH' RANGE 93 WEST
AND THE SOUTH 2I3OF THE SE1/4 OF THE SE1/4 OF SECTION 31, TOWNSHIP 5 SOUTH'
RANGE92WESTALLoFTHE6THPRINCIPALMERIDIANBEINGMOREPARTICULARLY
DESCIRBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1;
THENCE N OO DEGREES 18' 42'' W 1818.20 FEET TO THE NORTHWEST CORNER OF SAID LOT
1;
THENCE N 89 DEGREES 52' 22" E 421.26 FEET ALONG THE NORTH LINE OF SAID LOT I TO
THE SOUTHWEST CORNER OF SAID S 2/3 OF THE SEI/4SE1/4;
THENCE N OO DEGREES 09' 55" W 882.18 FEET TO THE NORTHWEST CORNER OF SAID S 2/3
OF THE SEI/4SEI/4;
THENCE N 89 DEGREES 57' 30' E 832.13 FEET ALONG THE NORTH LINE OF SAID S 213 OF
THE SE1/4SE1/4 TO A FENCE LINE; THENCE S 03 DEGREES 55' 15" W 748'64 FEET
ALONG SAID FENCE;
THENCES2IDEGREES3l'50,'W303.69FEETAL0NGSAIDFENCE;
THENCE S 70 DEGREES 22. 50'' W 1037.35 FEET ALONG SAID FENCE;
THENCE S 04 DEGREES 18' 18' W 1323.23 FEET ALONG SAID FENCE TO THE POINT OF
BEGINNING.
TOGETHER WITH
THE CLENNIN/DANCIGER RANCH
APARCELoFLANDSITUATEDINSECTION3,TOWNSHIP6SOUTH,RANGE93WESToFTHE
SIXTH PRINCIPAL MERIDIAN, AND IN SECTION 31, TOWNSHIP 5 SOUTH, RANGE 92 WEST
OFTHESIXTHPRINCIPALMERIDIAN,ALLINGARFIELDCOUNTY,COLORADO'LYING
NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO' 233' SAID
PARCELBEINGM0REPARTICULARLYDESCRIBEDASFOLLOWS;
BEGINNING AT A POINT ON THE TOWNSHIP LINE COMMON TO SAID TOWNSHIPS WHENCE THE
SOUTH 1/4 CORNER OF SAID SECTION 3I BEARS NORTH 89 DEGREES 58' 57" WEST A
DISTANCE OF 113.20 FEET;
THENCE SOUTH 89 DEGREES 58' 57'' EAST ALONG SAID TOWNSHIP LINE, A DISTANCE OF
556.48 FEET TO THE SOUTHWEST CORNER OF THEN SE1/4SEI/4 SAID SECTION 31; THENCE
NORTH00DEGREES08.56''EAST,ADISTANCEoF659'46FEETToTHENORTHWEST
CORNER OF SAID SEI/4SW1/4SE1/4;
THENCENORTHsgDEGREES59'11"EAST,ADISTANCEOF667.86FEETTOTHE
NORTHEAST CORNER OF SAID SE1/4SWI/4SE1/4
THENCE NORTH OO DEGREES OO' 34' WEST, A DISTANCE OF 219.83 FEET TO THE
NORTHWESTC0RNERoFTHESOUTHzI3oFSAIDSEI/4SE1/4;
THENCE NORTH 89 DEGREES 57' 3O'' EAST, ALONG THE NORTH LINE OF SAID'SOUTH Z/3 OF
SAID SE1/4SE|14'
^DISTANCE
oF 844.20 FEET To A FENCE LINE;
THENCE SOUTH 03 DEGREES 55' 15" WEST ALONG SAID FENCE, A DISTANCE OF 748'64
FEET;
THENCE SOUTH 21 DEGREES 31' 5O'' WEST ALONG SAID FENCE, A DISTANCE OF 308'69
FEET;
LTG Policy No. LTAQ63000401*1
Our Order No. GW63000401*1
EXHIBIT ''A" LEGAL DESCRIPTION
THENCESOUTHT0DEGREES22'S0"WESTALoNGSAIDFENCE,ADISTANCEoFI03T.35
FEET;
THENCE SOUTH 04 DEGREES 18' 21'' WEST ALONG SAID FENCE, A DISTANCE OF I3O7'58
FEETTOAPOINTONTHENORTHERLYRIGHTOFWAYOFSAIDCOUNTYROAD;
THENCE SOUTH 89 DEGREES 47' O5'' WEST ALONG SAID COUNTY ROAD RIGHT OF WAY' A
DISTANCE OF 1313.81 FEET TO A POINT IN A FENCE LINE;
THENCENoRTH00DEGREES45.00''EASTALoNGSAIDFENCELINE,ADISTANCEoF
365.72 FEET;
THENCE NORTH 30 DEGREES 09' I7'' EAST, A DISTANCE OF 84.31 FEET;
THENCE NORTH 28 DEGREES 08' 25'' EAST, A DISTANCE OF 91.97 FEET;
THENCE NORTH 22 DEGREES 49' 50' EAST, A DISTANCE OF 137.03 FEET;
THENCE NORTH 19 DEGREES 36' 57" EAST, A DISTANCE OF 244.30 FEET;
THENCE NORTH 24 DEGREES 4I' 17" EAST, A DISTANCE OF 151.58 FEET;
THENCE NORTH 19 DEGREES 40' 16' EAST, A DISTANCE OF 79.81 FEET;
THENCE NORTH 23 DEGREES 46' 50, EAST, A DISTANCE oF 50.64 FEET;
THENCENoRTH06DEGREES4T,23"EAST,ADISTANCEoF42.03FEETToAPOINToNTHE
WESTERLY LOWER BANK OF THE RAYNARD DITCH;
THENCE ALONG SAID LOWER BANK THE FOLLOWING FOUR (4) COURSES:
NORTH16DEGREESSg'24'WEST,ADISTANCEOFlI8.4lFEET;
THENCE NORTH 12 DEGREES 29'34" EAST, A DISTANCE OF 217.15 FEET;
THENCE NORTH 23 DEGREES 30' 14' EAST, A DISTANCE OF 98.04 FEET;
THENCE NORTH 27 DEGREES 49' O5'' EAST, A DISTANCE OF 173.96 FEET;
THENCE LEAVING SAID BANK NORTH 08 DEGREES IO' 32'' EAST, A DISTANCE OF 65'63 FEET
TO THE POINT OF BEGINNING.
TOGETHER WITH
THE TAMBURELLO/DANCIGER ADJUSTMENT PARCEL
A TRACT OF LAND SITUATE IN THE NW1/4SE1/4 SECTION 2, TOWNSHIP 6 SOUTH' RANGE 93
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD STATE OF COLORADO' SAID
TRACTBEINGMoREPARTICULARLYDESCRIBEDASFOLLoWS:
BEGINNINGATTHESOUTHCENTERI/16CORNERSAIDSECTI0N2,ANALUMINUMCAPL.S.
NO. 10871 IN PLACE, THE TRUE POINT OF BEGINNING;
THENCE N OO DEGREES 26' 33" W ALONG THE WESTERLY LINE OF SAID NW1/SE1/4 I3ZI'75
FEET TO THE CENTER 'A CORNER SAID SECTION 2, AN ALUMINUM CAP L'S' NO' 15710 IN
PLACE;
THENCE N 89 DEGREES 27' I2'' E ALONG THE NORTHERLY LINE SAID NWI/4SE1/4 620'00
FEET TO A REBAR AND CAP L.S. NO. 31143 SET;
THENCE DEPARTING SAID NORTHERLY LINE S OO DEGREES 26' 33'' E I32I'52 FEET TO A
POINToNTHESOUTHERLYLINEoFSAIDNWI/4SEI/4,AREBARANDCAPL.S.No.31143
SET;
THENCE S 89 DEGREES 25' 56'' W ALONG SAID SOUTHERLY LINE 620.00 FEET TO THE TRUE
POINT OF BEGINNING.
ALLLESSANDEXCEPTTHEFoLLOWINGDESCRIBEDPARCELS
TYBAR PARCEL A-1
LTG Policy No. LTAQ6300040l*l
Our Order No. GW63000401*1
EXHIBIT ''A" LEGAL DESCRIPTION
A PARCEL OF LAND SITUATE IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE
6TH P.M, COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO. I5TIO IN
PLACE;
THENCE S 34 DEGREES 31' 08, E 395.92 FEET To THE TRUE P0INT oF
BEGINNING;
THENCE N 90 DEGREES OO' O()' E 992.23 FEET;
THENCE S OO DEGREES OO' ()O'' E 2202.75 FEET;
THENCE N 90 DEGREES OO' OO'' W 8OO.5O FEET;
THENCE S OO DEGREES OO' OO'' E 568.42 FEET;
THENCE S 89 DEGREES 27' I3'' W 390.73 FEET;
THENCE S O() DEGREES 26' 42" E I3ZI.75 FEET TO THE SOUTH
SECTION 2. AN ALUMINUM CAP LS NO. 10871 IN PLACE;
THENCE S 89 DEGREES 26' 21'' W 147.35 FEET;
THENCE N 18 DEGREES 47' 24" W 772.28 FEET;
THENCE N OO DEGREES OO' OO" E 1219,77 FEET;
THENCE N 28 DEGREES 25' I9'' W 423.71FEET;
THENCE N OO DEGREES OO' OO'' E 900.85 FEET;
THENCE N 90 DEGREES ()O' O()'' E 786.49 FEET;
CENTER I/16 CORNER OF
THENCE N OO DEGREES OO' OO'' E 891.67 FEET TO THE POINT OF ]
THE SOUTH I/4 CORNER OF SECTION 32, AN ALUMINUM CAP LS
N 33 DEGREES 06'48',E 392.09 FEET).
BEGINNING, (WHENCE
;NO. 16397IN PLACE BEARS
TYBAR PARCEL A-2
A PARCEL OF LAND SITUATE IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE
6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH CENTER 1/16 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO'
10871 IN PLACE;
THENCE N OO DEGREES 26'42" W 1321.75 FEET;
THENCE N 89 DEGREES 27'13'E 390.73 FEET;
THENCE S OO DEGREES OO'OO" E 624.24 FEET;
THENCE N 89 DEGREES 33'27'E234.15 FEET;
THENCE S OO DEGREES 26'33'' E 696.89 FEET TO A REBAR AND CAP LS NO. 31I43 IN
PLACE;
THENCE S 89 DEGREES 25'56'' W 620.00 FEET TO THE POINT OF BEGINNING.
PARCEL A-I AND A-2 ARE FORMERLY KNOWN COLLECTIVELY AS ''PARCEL A'' AND DESCRIBED
AS FOLLOWS:
A PARCEL OF LAND SITUATE IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH I/4 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO. 15710
LTG Policy No'LTAQ6300040l*l
Our Order No. GW63000401*1
EXHIBIT "A" LEGAI DESCRIPTION
IN PLACE; THENCE S 34 DEGREES 31'08' E 395'92
FEET TO THE TRUE
POINT OF BEGINNING;
THENCE N 90 DEGREES OO'OO'' E992.23 FEET;
THENCE S OO DEGREES OO'OO'82202.75 FEET;
THENCE N 90 DEGREES O()'OO" W 8O().5O FEET;
THENCE S OO DEGREES OO'OO'' E 1210.65 FEET;
THENCE N 89 DEGREES 33'27' E 234.05 FEET;
THENCE S 00 DEGREES 26'33', E 696.88 FEET To A REBAR AND CAP LS No. 31143IN
PLACE;
THENCE S 89 DEGREES 25'53'' W 619.90 FEET TO THE SOUTH CENTER 1/16 CORNER OF
SECTION 2, AN ALUMINUM CAP LS NO. 10871 IN PLACE;
THENCE S 89 DEGREES 26'21'' W 147.35 FEET;
THENCE N 18 DEGREES 47'24" W 772.28 FEET;
THENCE N OO DEGREES O()'OO" E I2Ig.77 FEET;
THENCE N 28 DEGREES 25'19'' W 423.71FEET;
THENCE N OO DEGREES OO'OO' E 900.85 FEET;
THENCE N 90 DEGREES OO'OO'' E 786.49 FEET;
THENCE N OO DEGREES O()'OO' E 891.67 FEET TO THE POINT OF BEGINNING, (WHENCE THE
S0UTHI/4CORNERoFSECTION32,ANALUMINUMCAPLSNo'1639TINPLACEBEARSN
33 DEGREES 06'48" E 392.09 FEET).
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL B
A PARCEL OF LAND SITUATE IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE
6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH WEST 1/16 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO'
I5TIO IN PLACE;
THENCE N OO DEGREES 26'35" W 555.00 FEET;
THENCE N 89 DEGREES 26'21'' E 153'78 FEET;
THENCE S 44 DEGREES 55'25- E 584.12 FEET;
THENCE S OO DEGREES 33'39'' E 137.40 FEET;
THENCE S 89 DEGREES 26'2I' W 563.34 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL C
A PARCEL OF LAND SITUATE IN THE NEI/4 OF SECTION 3 AND THE NWI/4 OF SECTION 2'
TOWNSHIP 6 SOUTH, RANGE 93 WEST oF THE 6TH P.M., COUNTY oF GARFIELD, STATE oF
COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH WEST CORNER OF SECTION 2, A CHISLED 'X'' IN CONCRETE IN
LTG Policy No. LTAQ63000401*l
Our Order No. GW63000401*1
EXHIBIT "A'' LEGAL DESGRIPTION
PLACE; THENCE S 04 DEGREES 02' 14" E790'72 FEET;
THENCE S 00 DEGREES24'42" E 638.72 FEET; THENCE S 22 DEGREES 58'13" W 4Zr'44
FEET;
THENCE S 89 DEGREES 38'37' W 515.5I FEET;
THENCE N 06 DEGREES 49'08"E 676.10 FEET;
THENCE N 76 DEGREES 13'34" E 140'32 FEET;THENCE N 13 DEGREES 46'38' E 333'01
FEET;
THENCE N 89 DEGREES 43'55'' E37g.52 FEET TO THE TRUE POINT OF BEGINNING, WHENCE
THE SOUTH EAST CORNER OF SECTION 31, AN ALUMINUM CAP LS NO. 16397IN PLACE'
BEARS N 24 DEGREES 27'24" E 868.20 FEET).
COUNTY OF GARFIELD
STATE OF COLORADO
TYBAR WEST-I
A PARCEL OF LAND SITUATE IN THE NEI/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LANDBEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS:
COMMENCING AT THE NORTH WEST CORNER OF SECTION 2, A CHISELED ''X' IN CONCRETE IN
PLACE; THENCE S 88 DEGREES 42'49, w 622.78 FEET To THE TRUE PoINT oF
BEGINNING;
THENCE S 02 DEGREES 20'O()' W 279.06 FEET;
THENCE S 70 DEGREES 16'38" W 623.93 FEET;
THENCE S 04 DEGREES 12'05' W 1307.59 FEET;
THENCE S 89 DEGREES 40'51" W 43.35 FEET;
THENCE N OO DEGREES 19'09'' W 127.40 FEET;
THENCE N 61 DEGREES 35'39'' W 940.78 FEET;
THENCE N 21 DEGREES 27'48'' E 588.1I FEET;
THENCE N 42 DEGREES 47'31'' E 443,45 FEET;
THENCE N 53 DEGREES 40'56'' E 503.48 FEET;
THENCE N 85 DEGREES 45,08'' E 645.70 FEET To THE TRUE POINT oF
BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
TYBAR WEST.z
A PARCEL OF LAND SITUATE IN THE NE1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LAND BEING MORE PARTICULALRY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH WEST CORNER OF SECTION 2, A CHISELED ''X'' IN CONCRETE IN
PLACE;THENCE S 65 DEGREES 12'35,' w 698.33 FEET To THE TRUE P0INT oF
BEGINNING;
THENCE S 02 DEGREES 2O'OO'' W 766.21 FEET;
THENCE S 85 DEGREES 57'27" W 374.85 FEET;
THENCE S 13 DEGREES 37'28" W 758.95 FEET, (WHENCE THE NORTH 1/16 CORNER BETWEEN
LTG Policy No. LTAQ6300040I*l
Our Order No. GW63000401*1
EXHIBIT "A" LEGAI DESCRIPTION
SECTIONS 2 AND 3, AN ALUMINUM CAP LS NO. 10871 IN PLACE, BEARS N 89 DEGREES
38'37" E 1230.93 FEET);
THENCE S 89 DEGREES 38'37" W 100.38 FEET;
THENCE N 04 DEGREES 12'05'' E 1323.23 FEET;
THENCE N 70 DEGREES 16'38'' E 623.93 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL TYBAR WEST.I AND TYBAR WEST-z ARE FORMERLY KNOWN COLLECTIVELY AS 'TYBAR
WEST' AND DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATE IN THE NEI/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH WEST CORNER OF SECTION 2, A CHISELED "X'' IN CONCRETE IN
PLACE;
THENCE S 88 DEGREES 42'49'' W 622.78 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 02 DEGREES 2O'OO' W 1045.27 FEET;
THENCE S 85 DEGREES 57'27" W 374.85 FEET;
THENCE S 13 DEGREES 37'28' W 758.95 FEET, (WHENCE THE NORTH 1/16 CORNER BETWEEN
SECTIONS 2 AND 3, AN ALUMINUM CAP LS NO. 10871 IN PLACE, BEARS N 89 DEGREES
38'37" E 1230.93 FEET);
THENCE S 89 DEGREES 38'37'' W 100.38 FEET;
THENCE N 04 DEGREES 12'05'' E 15.64 FEET;
THENCE S 89 DEGREES 4O'5I'' W 43.35 FEET;
THENCE N OO DEGREES 19'09" W 127 .40 FEET;
THENCE N 61 DEGREES 35'39'' W 940.78 FEET;
THENCE N 21 DEGREES 27'48'' E 588.11 FEET;
THENCE N 42 DEGREES 47'31'' E 443.45 FEET;
THENCE N 53 DEGREES 40'56' E 503.48 FEET;
THENCE N 85 DEGREES 45'08'' E 645.70 FEET TO THE TRUE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
LOT 1
A PARCEL OF LAND SITUATE IN THE NEI/4 OF SECTION 3, TOWNSHIPO 6 SOUTH, RANGE 93
WEST OF THE 6HT P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LAND BEING MORE PARTICULALRY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, A CHISELED 'X'' IN CONCRETE IN
PLACE;
THENCE S 6I DEGREES O7'OO'' W 2999.95 FEET TO THE NORTHWEST CORNER OF LOT I, THE
TRUE POINT OF BEGINNING;
THENCE N 89 DEGREES 40'51'' E 482.18 FEET;
THENCE S OO DEGREES 38'46'' W 365.72 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
LTG Policy No. LTAQ6300040I*l
Our Order No. GW63000401*l
EXHIBIT ''A'' LEGAL DESCRIPTION
CONNECTION PARCEL 1
A PARCEL OF LAND SITUATE IN THE NE1/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, A CHISELED ''X' IN CONCRETE IN
PLACE;
THENCE S 50 DEGREES 38'20' W 2778.39 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE N 89 DEGREES 40'51' 8787.44 FEET;
THENCE S OO DEGREES 19'09" E 5O.OO FEET;
THENCE S 89 DEGREES 40'51' W 788.28 FEET;
THENCE N OO DEGREES 38'46'' E 50.01 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL 2
CONNECTION PARCEL 3
A PARCEL OF LAND SITUATE IN THE NEI/4SW1/4 OF SECTION 2, TOWNSHIP 6 SOUTH' RANGE
93 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH CENTER I/16 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO'
1087I IN PLACE;
THENCE N 73 DEGREES 35'18'' W 171.28 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 18 DEGREES 47'24" E 52.64 FEET;
THENCE S 89 DEGREES 26'2I' W 608.90 FEET;
THENCE N OO DEGREES 33'39'' W 5O.OO FEET;
THENCE N 89 DEGREES 26'21' E 592.43 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL ''B''
TYBAR PARCEL A-2
A PARCEL OF LAND SITUATE IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE
6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH CENTER 1/16 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO'
10871 IN PLACE;
THENCE N OO DEGREES26'42" W 1321.75 FEET;
THENCE N 89 DEGREES 27'13' E 390.73 FEET;
LTG Policy No LTAQ63o004ot*l
Our Order No. GW63000401*l
EXHIBIT ''A'' IEGAL DESCRIPTION
THENCE S OO DEGREES OO'OO" E 624.24FEET;
THENCE N 89 DEGREES 33'27' E 234.15 FEET;
THENCE S OO DEGREES 26'33'' E 696.89 FEET TO A REBAR AND CAP LS NO. 3II43 IN
PLACE;
THENCE S 89 DEGREES 25'56' W 620.00 FEET TO A REBAR AND CAP LS NO. 3II43 IN
PLACE;
THENCE S 89 DEGREES 25'56' W 620.00 FEET TO THE POINT OF BEGINNING.
PARCEL A-2 WAS FORMERLY A PORTION OF A PARCEL DESCRIBED AS ''PARCEL A'' WHICH
"PARCEL A" PARCEL WAS DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATE IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE
6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEINC
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO. I57IO
IN PLACE; THENCE S 34 DEGREES 31'08', E 395.92 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE N 90 DEGREES ()O'O()'' E 992.23 FEET;
THENCE S OO DEGREES OO'OO'' E 2202.75 FEET;
THENCE N 90 DEGREES OO'OO'W 8OO.5O FEET;
THENCE S OO DEGREES OO'OO'' E 1210.65 FEET;
THENCE N 89 DEGREES 33'27'' E 234.05 FEET;
THENCE S OO DEGREES 26'33" E 696.88 FEET TO A REBAR AND CAP LS NO. 3II43 IN
PLACE;
THENCE S 89 DEGREES 25'53'' W 619.90 FEET TO THE SOUTH CENTER 1/16 CORNER OF
SECTION 2, AN ALUMINUM CAP LS NO. 1087I IN PLACE;
THENCE S 89 DEGREES 26'21'' W 147.35 FEET;
THENCE N 18 DEGREES 47'24" W 772.28 FEET;
THENCE N ()O DEGREES ()O'OO'' E 1219.77 FEET;
THENCE N 28 DEGREES 25'I9'' W 423.71FEET;
THENCE N OO DEGREES OO'OO' E 900.85 FEET;
THENCE N 90 DEGREES OO'OO" E 786.49 FEET;
THENCE N OO DEGREES OO'OO'E 891.67 FEET TO THE POINT OF BEGINNING, (WHENCE THE
SOUTH I/4 CORNER OF SECTION 32, AN ALUMINUM CAP LS NO. 16397IN PLACE BEARS N
33 DEGREES o6'48', E 392.09 FEET).
TYBAR WEST-z
A PARCEL OF LAND SITUATE IN THE NEl/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH WEST CORNER OF SECTION 2, A CHISELED 'X'' IN CONCRETE IN
PLACE;
THENCE S 65 DEGREES 12'35" W 698.33 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 02 DEGREES 2O'OO'' W 766.21 FEET;
THENCE S 85 DEGREES 57'27" W 374.85 FEET;
THENCE S 13 DEGREES 37'28" W 758.95 FEET, (WHENCE THE NORTH 1/16 CORNER BETWEEN
SECTIONS 2 AND 3, AN ALUMINUM CAP LS NO. IO87I IN PLACE, BEARS N 89 DEGREES
LTG Policy No. LTAQ6300040I*l
Our Order No. GW63000401*1
EXHTBIT "A" LEGAL DESCRIPTION
38'37" E 1230.93 FEET);
THENCE S 89 DEGREES 38'37'' W IOO.38 FEET;
THENCE N 04 DEGREES 12'05'' E 1323.23 FEET;
THENCE N 70 DEGREES 16'38', E 623.93 FEET To THE TRUE POINT oF
BEGINNING.
PARCEL TYBAR WEST-z WAS FORMERLY A PORTION OF A "TYBAR WEST' WHICH WHOLE PARCEL
WAS DESCRIBED AS FOLLOWS:
A PARCEL oF LAND SITUATE IN THE NE1/4 oF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LANDBEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS:
COMMENCING AT THE NORTH WEST CORNER OF SECTION 2, A CHISELED 'X' IN CONCRETE IN
PLACE;
THENCE S 88 DEGREES 42'49' W 622.78 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 02 DEGREES 2O'O()'' W 1045.27 FEET;
THENCE S 85 DEGREES 57'27" W 374.85 FEET;
THENCE S 13 DEGREES 37'28" W 758.95 FEET, (WHENCE THE NORTH 1/16 CORNER BETWEEN
SECTIONS2AND3,ANALUMINUMCAPLSNO.lOSTlINPLACE,BEARSNSgDEGREES
38'37" E 1230.93 FEET);
THENCE S 89 DEGREES 38'37'' W 100.38 FEET;
THENCE N 04 DEGREES 12'05' E 15.64 FEET;
THENCE S 89 DEGREES 40'51' W 43.35 FEET;
THENCE N OO DEGREES 19'09' W 127 .40 FEET;
THENCE N 6I DEGREES 35'39" W 940,78 FEET;
THENCE N 21 DEGREES 27'48" E 588.11 FEET;
THENCE N 42 DEGREES 47'31' E 443.45 FEET;
THENCE N 53 DEGREES 40'56'' E 503.48 FEET;
THENCE N 85 DEGREES 45'08' E 645.70 FEET TO THE TRUE POINT OF BEGINNING'
LOT I
A PARCEL oF LAND SITUATE IN THE NE1/4 oF SECTI0N 3, T0WNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LANDBEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, A CHISELED ''X'' IN CONCRETE IN
PLACE;
THENCE S 61 DEGREES O7'OO' W 2999.95 FEET TO THE NORTHWEST CORNER OF LOT I' THE
TRUE POINT OF BEGINNING;
THENCE N 89 DEGREES 40'5I'' E 482.18 FEET;
THENCE S O() DEGREES 38'46" W 365.72 FEET;
THENCE S 89 DEGREES 40'5I'' W 482.18 FEET;
THENCE N OO DEGREES 38'46'' E 365.72 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
CONNECTION PARCEL 1
LTG Policy No. LTAQ6300040I*1
Our Order No. GW63000401*1
EXHIBIT ''A'' LEGAL DESCRIPTION
A PARCEL OF LAND SITUATE IN THE NEI/4 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, A CHISELED ''X' IN CONCRETE IN
PLACE;
THENCE N 50 DEGREES 38'20'' W 2778.39 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE N 89 DEGREES 4O'5I" E 787 ,44 FEET;
THENCE S OO DEGREES 19'09'' E 5().OO FEET;
THENCE S 89 DEGREES 40'5I W 788.28 FEET;
THENCE N ()O DEGREES 38'46' E 50.01 FEET TO THE POINT OF BEGINNING.
CONNECTION PARCEL 2
A PARCEL OF LAND SITUATE IN THE NE1/2 OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF
LAND BEING MORE PARTICULALRY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, A CHISELED ''X'' IN CONCRETE IN
PLACE;
THENCE S 34 DEGREES 13'40' W 2143.59 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N 89 DEGREES 38'37'' E 592.02 FEET;
THENCE S 06 DEGREES 49'05'' W 50.39 FEET;
THENCE S 89 DEGREES 38'37' W 598.18 FEET;
THENCE N 13 DEGREES 37'28'' E 51.53 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
CONNECTION PARCEL 3
A PARCEL OF LAND SITUATE IN THE NE1/4SW1/4 OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE
93 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL
OF LAND BEING MORE PARTICULALRY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH CENTER 1/16 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO.
10871 IN PLACE;
THENCE N 73 DEGREES 35'18'' W 17I.28 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 18 DEGREES 47'24" E 52.64 FEET;
THENCE S 89 DEGREES 26'21" W 608.90 FEET;
THENCE N OO DEGREES 33'39'' W 5O.OO FEET;
THENCE N 89 DEGREES 26'21" E 592.43 FEET TO THE POINT OF BEGINNING.
Property lnformation Binder
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The foltowing terms when used in this Binder mean:
(a) ,,Land,,: The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute
real proPertY;
ft) ,p;ili;'ii;ids"; those records which impart constructive notice of matters relating to said land;
[:l :Blilifffit rt5.llJt;, parties named as.the Assured in this Binder, or in a supplemental writing executed bv the companv;
i;j "ii;; b;p;;y;' *"in, bra r{.prtii. Naiional ritle rnsurance company, a Minnesota stock companv.
2. Exclusions from Coverage of this Binder
The company assumes no liability including cost of defense by reason of the following:
(a) Taxes or assessments *r,iJ i . not sho-wn as e*isting"lii's iy tt. r..o.or of ary iaxing authority that levies taxes or assessments on
real property or by the ilbii. i;;rdr; taxes and ,ri.rrr.n,i ;;i i;ffi; ri ft!.6f. aid speciai assessments not vet certified
Srire'rl;e.|||ff*ffi1i6*r' reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights' claims or
t.l f$i.l1,I3lil;operty beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways.or waterways on which
such land abuts, or ,i,. .i*f,l;;;i;i.i; ti.,.."i, ,aults, tunnels, ramps, or any other structure- or-improvement; or any
rishrs or easemenrs 1,.r.ir'urj.i,,r.r, pr"p.iiv, righ; ;;';;r.,;dire expiessty and specifically ier fortlr in said description'
(d) i,I?ihanlc's lien(s). judgment(s) or other lien(s)'
(e) Defects, liens, encumuranieiliar.ir"irui*r or other matters: (a) created, suffered or agreed to by the Assured:
(b) not known to the Company, not recorded in tf,. prnii. n..oidt ut ofthe Date, but known to the Assured as of
ttl, Out ; or (c) attaching br ireating subsequent to the Date'
3. Prosecution of Actions
(a) The company shall have the right at its own costs to institute and prosecute any.action or proceeding or do any other act which
in its opinion ,ry u. n..lll#f';r"il;ir;ffi ,, ".rLjuiti tiionnrri tr,. matteri herein assured: and Ihe companv mav take anv
aoorooriare acrion under tie r&ms of this Binder, *h;iil;;;;ili shall be liable rhereunder and shall not thereby concede liability or
uidiu.' rny provision hereof .
(b) In all cases where rhe Company does not institute and prosecute.any action or proceedinq, the Assured shall permit the Company
ro use, at irs oprion. ,1."rilffi''rr",i. ilr,.l i;,ii;[urpor. wh6never.request"d b, tfi. company, the Asiured shall give the
Company all reasonable aid in prosecuting sr.t ..tioi-oi-froceealng, and the Company shall reimburse the Assured for
any expense so incurred.
4. Notice of Loss - Limitation of Action
A statement in writing of any loss or damage ^for
which it is claimed the company is liabile under this Binder shall be
furnished to the company rritr,i, ri,.tv o.vi after such l;;;;;A;h.il rtiu. i,u.n determined' and no right of action shall accrue
ro the Assured under this #l;i'iliii iliiiy ili ii;; r*rr rt"t"r.'"i it itt t ru. been furnished, and no recovery shall be had bv the
Assured under this Binder unless action shall n. .or*"rilJtt"ieon with two years after expiration of the thirty day period'
Failure to furnish the statement of loss or damage or t" .rt *.r." the action *ithin th. time herinbefore specified' shall be conclusive
iiii!-ri*i riirt.nance by the Assured of any action under this Binder'
5. Option to Pay, Settle or Compromise Claims
The Company shall have the option to-pay, settle or compromise for or in the name of the Assured any claim which
could result in loss to the Assured within the coverage oittf,it Si,a.t, or to pay the. full amount of this Binder' Such
payment or tender or puyrn.nioil,e full amount of Tre rinaeist all ierminate"all liability of the Company hereunder'
P|B.0RT Cover Page 1 of 2
6. Limitation of Liability - Payment of Loss
(a) The liability of the company under this Binder shall be limited to the amount of actrral loss sustained bv the Assured because
of reliance upon rhe rrr,ii;X#H;"i;,.t'ffiAl;;;;-;;;;i;hrll the liabiity exceed the amount of the liabilitv
stated on the face Page hereof.
(b) The Company will pay all costs imposed uponlhe.Assured in.litigation,carried on_by.the 9o.*plny for the Assured' and all costs*'
unJ rlm.i.ylr f..r iniirigution.-ii"U on by the Assured with thi writlen authorization of lle Company'
(c) No claim for loss or damages shall arise o, n._ rnuintuinitr.'r"a.. tr,ir el;o.i (r) if the Company afier.having.received notice of
any alleged defect, lien oi'encumbrance not shown *;;--EL*pFf,; excluded herein removeisuch defect, lien or encumbrance
within a reasonabte time"alie. ieceipi-oi sucr, notice, oi'iz)'ioiiiiritity ,orunturily assumed by the Assured in settling any claim
or suit without written consent of the Company'
(d) All payments under this Hft;;, ;;;;pii;i'itt6*.y't fees as provided.for in paragraph 6(b).thereof' shall redu.ce the amount
of the liability lereunae. pro ianio, ui,d ,o puyrn.nt rf,uiin" ,ir_.ua" *itt out pti,ar.'ing this'Binder or an acceptable copy thereof
for endorsement or tre palri#l'i,tir.it ,ii. fi#;;'ili;;i ,i o.ii.y.o, in ri,hictr cas"e proof ol the loss or destruction shall be
furnished to the satisfaction of the Company.
(e) When liability has been definitely fixedln accordance with the conditions of this Binder, the loss or damage shall be payable
within thirtY daYs thereafter.
7. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by
any acr of the Assured, -u ii rr,ar 6. rrt.g.i.o. t" -d
'b;;;t-i-tl.d
io u fignts ana reiredies which the Assured would have had
againsr any person or prop.rw'in respecr to ihe claim r,uJtr,ir iiirJ.t not betn issued. If the-payn^en:I^':t^::t^:?ft tht lt*
o?tt. er*r.a, the Crimpany'striti niiuurogurea to the rights and remedies in fre proportion which the payment bears to
rhe amounr o[ said loss. Th.'A;;;;J. iii.[i"ri"a uy tr,.torp.ny. shall transfer io tire company all rights and remedies against.
anv Derson or Droprry necesary in order ro perfect tre rigti"oilrbi"g;i;". ;Jrr,.ll permit tti. iornprriy to use the name of the Assured
in'ai.y transaction'or-litigation involving the rights or remedies'
8. Binder Entire Contract
Any action or aclions or rights of aclion that the Assured may have or may bring against the Company arising oul of lhe subjecl matter
her'eof musr be based on tr,. pi*iiioni otit'ii sino.r. No pilriiio, or ioiroiiiofr of tt is Binder cah b6 waiveii or changed except by a
writing endorsed or attached hereto signed by the Presidenl, i Vice President, the Secretary, an Assistant Secretary or other
validating officer of the ComPanY.
9. Notices. Where Sent
All notices required to be given the Company and any slatement in writing req.I-rlg^t9 be furnished the Company shall be
"Jdrer.ed
to iiat 400 Secoind Avenue Soirttr, tvtinnea"polis' Minnesota 55401' (612) 371-1111'
10. Arbitration
Unless prohibited by applicable law, either the Qompany or the insured may demand arbitration pursuant to the Title
I*u.ur'.. Arbitratidn Rirles of the American Arbitration Association'
lssued through the 0ffice of:
LAND TITLE GUARANTEE COMPANY
'I317 GRAND AVE #2OO
GLENWOOD SPRINGS, CO 81601
970-945-2610
b*a d^o)
PIB.0RT Cover Page 2 of 2
iHF
DAVIES MESA RANCH ESTATE LLC
1755 Wittington Place, Suite 300
Dallas, Tcxas 7 5234
September 5.2007
Mr. Fred Jarman
Garfield County Department of Building and Planning '
108 8'h Street
Glenwood SPrings, CO 81601
Re: Tybar Angus Ranch Rural Land Development Exemption
Ption APPlication
Dear Fred:
With this letter, I authorize Douglas Pratte of The Land Studio, Inc'' to act as the authorizcd
representative of Davies Mesa Ranch Estates LLC in regard to the above referenced application'
Sincerely,
Dee Sewell,
Co-Manager of Davies Mesa Ranch Estates, LLC
H :\Clients\Danciger\SpecialPowerofAppt\Jarman 02 wpd
exHtelTr
T}M DANCIGER SPECIAL
POWER OF APPOINTMENT TRUST
1755 Wittington Place, Suite 300
Dallas, Texas 75234
September 5,2007
Mr. Fred Jarman
Garfield County Department of Building and Planning
108 8th Street
Glenwood SPrings, CO 81601
Re: Tybar Angus Ranch Rural Land Development Exemption
OPtion APPlication
Dear Fred:
Withthisletter,lauthorizeDouglasPratteofTheLandStudio'Inc''toactastheauthorized
representative of The'Danciger Special Power of Appointment Trust in regard to the above
referenced apPlication'
Sincerely,
Cameron Dee Sewell,
Trustee of the Danciger Special Power of Appointment Trust
H:\Clients\Danciger\SpecialPorverofAppt\Jarman 0 l wpd
EXHIBIT(r
January 14,2408
Garfield County Board of Commissioners
108 8th Street Suite 401
Glenwood Springs CO 81601
RE: Access road across Turgoose Ranch
Dear Commissioners:
Suzanne Stephens
Managing Director
Permonenlly preserving open londs
for ogriculture, wildlife ond recreotion
Aspen Vailey Land Trust ("AVLT") holds a perpetual conservation easgment over the 84-
acre property known as Turgoose Ranch north of Rifle, owned by Ben and Jill Hegwer.
Turgoose Ranch is located adjacent to aproposed deveiopment owned by Davies Mesa
Ranch Estates, LLC ("applicant"), located on Graharn Mesa, which is under consideration for
your approval based on the Rural Lands Development Exemption Option.
As part bf this development application, the applicant has proposed using a 60-foot, non-
exclusive right-of-way across the northwest portion of Turgoose Ranch as the primary access
route for approximately 18 of its lots ("ROW"). AVLT acknowiedges this ROW, which
precedes and is therefore permitted by the Deed of Conservation Easement, and we have no
issues with its legality or right to cross the subject properfy.
AVLT would, however, like to urge the applicant as well as Garfield County planning staff
and the Board of County Commissioners to consider abandoning this ROW as aprimary
access route in favor of other routes that more directly service the proposed lots, and do not
rmpact the Turgoose Ranch conservation easement property.
We are concerned tlat the improvements required to construct a road across Turgoose Ranch,
together with the increased trffic that will result, will negatively impact the Turgoose
conservation easement. We agree with the owners of Turgoose Ranch that it is both unfair
and unnecessary to push the impacts of this development onto a neighboring properfy, when
it appears that other, more efficient access routes are possible across the applicant property.
We understand that the applicant intends to convey a4O-yearterrn conservation easement to
the City of Rifle across the remainder of their properfy, but we ask that the applicant not
discriminate against a perrranently conserved property in favor of their term easement, in
light of the fact that their own development requires the construction of this road.
Thank you for your consideration, and please contact us should you have any concems.
Acncn Vnlla', l.ond Trust
320 Moin Street . Suite 204 . Corbondole, Colorodo 8I623 . 97O.963.8440 phone . 97O.963.8441
www.ovlt.oro
EXHIBIT
Uav
January 11,2008
Fred A. Jarman, AICP
Director, Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Tybar Angus Ranch
Dear Fred:
The City of Rifle would like to express our continued support for the efforts of Tybar
Angus Ranch in their Rural Land Development Exemption Option application to Garfield
County proposing to keep 589 acres of the 723 acre ranch in agricultural open space and
limiting the residential development of the property to 28 lots for the next 40 years.
We have been coordinating review of the 40-year term conservation easement that the
City of Rifle will hold on the open space parcel with Tybar. As noted in our Jwrc22,
2005 letter to Garfield County, this proposal is supported by Rifle's Comprehensive plan
that calls for the protection of ranching operations, and the easement will serve Rifle by
providing a holding zone as northwest fufle develops in the coming years. As well, the
City of Rifle also proposes to provide out-otcity water service to Tybar Angus Ranch
and has negotiated a pre-annexation agreement with Tybar for that service.
The City of Rifle would like to see this project succeed as an example of a limited
development and conservation strategy that might be used elsewhere in Garfield County
and the Rifle area. We will continue to coordinate any revisions to the conservation
easement that comes out of your review with Tybar and anticipate that the conservation
easement and pre-annexation will be recorded with the Rural Land Development
Exemption Option plat.
Should you have any questions regarding these issues please fell free to contact me at
(970) 62s-62s3.
Sincerely,
City of Rifle
Matt Sturgeon, Assistant City Manager
EXHIBITrw
j
\
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St\
\
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Tybar Angus Ranch
Davies Mesa Rural Land Development Application
Conditions of APproval
l. Access to Southeastern Portion of Project. Applicant shall improve the primary
road access ,"*ing thr *utheastern portion of the Ranch (Lots 9 through 27) to a standard
equivalent to GarfLld County's Secondary Access Road Standards. The road improvements
shall extend from the end of bounty mainienance on the easternmost portion of County Road
293 andextend east and north to the cul-de-sac serving the northemmost Lots on the
southeastern portion of the Ranch. (See attached Location Map.) All primary access road
improvements shatl be coordinated with appropriate Garfield County staff and the Rifle Fire
Protection District.
2. Emergency Access. Applicant shall provide emergency vehicle access to the
southeastern porti*ifth! n*"1using the existing internal gravel-surfaced ranch road. This
internal r*"h road extends south and east from the historic "stone house," to and through the
cul-de-sac serving the northemmost Lots on the southeastern portion of the Ranch. (See attached
Location Map.) AU ...r"rg"ncy access road improvements shall be coordinated with appropriate
Garfield County staffand the Rifle Fire Protection District. The emergency access road
originally proposed for access to the southeastern portion of the Ranch (located east of, and
ua:-oi"i"g iot 18) shall not be a requirement of this approval; however, Applicant shall retain all
rights to the use and enjoyment of iuch private easement agreement, and this approval is not
.intended to eliminate or extinguish Applicant's rights to such easement.
3. Rifle Fire Protection District Approvals. Applicant shall obtain Rifle Fire
protection District's written approval of the fire protection systems and road engineering.
4. Mineral Estate Exploration and Development Plat Notes. Applicant shall add plat
notes on th. E*"rrrptio, Plut tornake complete disclosures conceming the potential for mineral
estate exploration and development activities on the Ranch'
5. Wildfire Hazards. Applicant shall include in the Rural Land Development
Exemption Improvements Agreement (the "RLDEIA") all recommendations relating to
mitigation of wildfue hazardi provided by Scott Formby, forester, and included in the staff
report on pages 11 and 12.
6. Weed and Dust Management. Applicant shall include requirements for weed and
dust management in the RLDEIA.
7. Phasine of Infrastructure. Applicant represents and warrants that the
infrastructur. a.rr.top**t of the Ranch shall occur in phases as described in Exhibit A of the
RLDEIA. No individual Lot sales shall take place unless and until the infrastructure serving the
same is in place. Lots l, 7 and 8 are expressly excluded from this requirement, as these Lots
currently have roads and utilities in place.
--b-
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S"N.
8. Infrastructure Phasing Requirements Disclosures. Applicant shall include
provisions in the RLDEIA and add plat notes in the Exemption Plat, requiring that no individual
Lot sales shall take place unless and until all road, drainage, water, sewer, and electrical service
is complete for the phase in which such Lot sale is located. (See page 18 of the Staff Report for
the specific language.)
f' g. Homeowners Association Formation. Prior to recordation of the Exemption Plat,
\ apptca"t shdGrm a homeown"., ^r*iution to accept maintenance responsibilitievfor all
/ r*as and utilities serving the Ranch. tn addition, Applicant shall prepare and record a set of
{ covenants, conditions and restrictions (CC&R's) in form and content acceptable to the County.
\fn. CC&RS shall incorporate all conditions of approval set forth herein.
10. Public Roadway Dedication. Applicant shall dedicate and grant to Garfield
County a 30' wide public road easement parallel to the south property line of the Ranch, adjacent
to the existing County Road 233 right of way. (See Location Map.)
1 1. Execution and Recordation of Conservation Easement. Simultaneously with
recording the Exemption Plat and all Garfield County related land use documents, Applicant
shall also execute and record the Conservation Easement naming the Town of Rifle as the
beneficiaryftrolder thereunder, as well as the Contract to Provide Water Service and Pre-
Annexation Agreement
12. County Position on Countv Road 233. The end of the county maintenance for
County Road 233 is shown on the attached Location Map. There are no records of roadway
dedications org:stablished public rights-of-way extending north or east of the end of County
$ maintenanc".[h" County acknowledges that Applicant and Applicant's predecessors in title
X d have maintainea locked gates on the Ranch and have not permitted public access beyond the end
\" ru ] of County maintenance on County Road 233] Notwithstanding the forgoing, nothing herein shall
\ b. d..-ed a waiver or disclaimer on the pari of the County of claims or potential claims for
N / public access or use rights over and across those portions of the Ranch located north of the" I t.r-ior,s of County road maintenance on County Road 233.
1. 13. Covenant Aeainst Further Division or Reconfigure of Lot 28. So long as the
\ S Conservation Easement remains in place, Lot28 shall remain as one contiguous parcel under
-Y "3{ single ownership. Applicant hereby covenants and agrees ttrat it shall not pursue-or claim rights
S 'i to divide, subdivide or develop Lot28 into two or more parcels of land larger than 35 acres\-\ \ under the so-called "35-Acre Exemption" provided for in CRS Section 30-28-101(10Xb).
L
3828441_r.DOC
2
Fred Jarman
From:
Sent:
To:
Cc:
Subject:
Douglas Pratte fl andstud io2@comcast. netl
Wednesday, February 13, 2008 11:19 AM
Fred Jarman; Carolyn Dahlgren
Thomas Todd; Mark Nieslanik; Emma Danciger
Supplemental Tybar lnfo.
Attachments: Danciger Conservation Easement Acknowledgement.pdf; ATT225547.txt; Tybar Preliminary
comments- 01 -1 6-08-KCW.doc
Danciger ATT225547.bd
nservation Easemen (262 B)Carolyn and Fred,
Attached is a lett.er from Antero Resources regarding their awareness of RLDE plat andconservation easement at Tybar Ranch. Also I have attached a fetter from the Rifl-e EireProtection District commenting on the Tybar emergency and primary access issues. Chris
Manera, Chris Ha1e, and I are meeting tomorrow to revi-ew progress on the emergency accessroad design and the proposed improvements to the primary access to CR 293. Fred, I wil-l-
ask Chris Hale to forward his comments on the progress to you after our meeting. Matt
Sturgeon copied me on the l-etter that he sent to you. My hope is that the letter is
avail-abl-e as an exhibit in the BOCC packet. Al-so if you have any cornments on theconditions of approval- that came from Tom Todd please l-et Tom or I know.
Thanks for your attention to al1 of these issues I
Doug
ffit
',:, I
Tybar Preliminary
comments- 01...
February 11, 2008
Douglas Pratte
The Land Studio, lnc.
P. O. Box 107
Basalt, Colorado 81621
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f"lr-,-,--r ri-a': r"ii f :1t-_, .lt,L" i )
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Re;Conservation Easernent
Davies Mesa Ranch Estates LLC
Garfield County, Colorado
Dear Mr. Pratte:
This letter is to confirnr that Antero Resources Piceance Corporation i$ alvare
that the Danciger Special Power Of Appointment Trust is proposing to enter into
a Conservation Easement with the City of Rifle in connection wlth its application
for a Rurai Lands Development Exemption to the county of Garfield. Colorado.
ln fact we have received a copy of the proposed conservation easement.
We do not have a current lease on the property subject of the application and
conservation easement, but expect to have One in the near future. We
understand that our operations must comply wilh Colorado law when drilling on
the property
Very truly yeurs,
W. J. Pierini
Division Landman
1850 Railroad Ave
Rifle, CO 81650
January 16, 2008
Colorado River Engineering
PO Box 1301
Rifle, CO 81650
Dear Colorado River Engineering,
Thanks for giving me a tour of the proposed rybar Ranch Development. You
indicated that you would like fire district input informally and prior to submitting to
the county. Attached are our previous comments on this project back in 2005.
The issues and possible solutions that we talked about today that need to be
addressed are as follows:
1. Fire access roads shall have an unobstructed width of 20 feet. Turn
outs on the road to the east portion was discussed. These may not be necessary
if the entrance driveways to each lot were developed when the road was put in.
Driveways could be relocated in the future as long as they could be continue to
be used for turn a rounds for fire apparatus
2. Hydrant spacing requirements have changed since the original
comments by Chief Morgan in 2005. With 4 acres lots ! don't see where adding
more hydrants would increase fire protection to the area due to travel distances.
Hydrant spacing at 500 ft appear to be sufficient at this time. Roads should be 26
ft wide at the hydrants.
3. The EM access road change appears to make sense. The easement to
the original EM access road should be retained for future development and
access.
4. Maintenance of hydrants and roads. lt is my understanding that there
will be private roads and hydrants in this development. We are concerned and
recent experience has shown that this can be an issue when the city is not
involved. ln talking with Chief Morgan, we feel that it is important to have a strong
HOA. ln addition, some language should be included that if the HOA does not
fulfill its obligation then the fire district, at the expense of the HOA, can have the
repairs /maintenance perform to city standards and billed back to the home
owners. Obviously a 30 day notice by the fire district should be included prior to
any repairs/maintenance.
EXHIBIT
HOTLAND&HART.,X
February 13,2008
Carolyn M. Dahlgren, Esq.
Deputy County Attorney
Garfield County Attorney Office
108 Eighth Street, Suite 214
Glenwood Springs, CO 81601
Director, Garfield County Building and Planning
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Re: Tybar Ranch Subdivision Exemption on Davies Mesa
Dear Carolyn and Fred:
I am writing to provide responses to two letters submitted in connection with the above-
referenced land use application. Specifically, I am responding to concerns raised by the Aspen
Valley Land Trust ("AVLT") and Ben and Jil Hegwer ("the Hegwers") relative to the access road
serving the southeastern portion of the Tybar Ranch.
In essence, the AVLT and the Hegwers want Tybar Ranch to limit its use of the existing
60-foot wide access easement that currently serves the southeastern portion of the Tybar Ranch
property. In lieu of using this 60-foot wide access easement, AVLT and the Hegwers are
proponents of locating the main access to the southeastern portion of the Tybar Ranch on the
existing irrigated hay fields on the Tybar Ranch, along what they propose to be a new, private
extension of existing County Road 233.
The AVLT and the Hegwers argue that their proposed alternative route through the Tybar
Ranch irrigated hay fields preserves conservation values and is more efficient and safer than the
existing 60-foot wide access easement.
As more particularly detailed below, we believe that the AVLT and the Hegwers have no
cause for complaint, that they essentially "came into" the current easement situation and acquired
their property interests with full knowledge of the existing 60-fbot wide access easement and its
impact on their property interests. The AVLT and the Hegwers are simply attempting to re-cast
an easement declaration and corresponding restrictive covenants that were imposed on their
properties by their predecessors in title several years ago. The Tybar Ranch therefore requests
Holland & Hart rrp
i i."., ' 19701925-3476 ; ., . [970] 925-9367 www.hollandhart.com
600 East Main Street Suite 104 Aspen,CO 8l6l I
Aspen Billings Boise Boulder Cheyenne Colorado Springs Denver DenverTech Center Jackson Hole Salt Lake City Santa Fe Washington, D.C.
THE LAW O
HOLLAND&HART..
itltr LAW OrJt-WE,cil
Carolyn M. Dahlgren, Esq.
Mr. Fred A. Jarman, AICP
February 13,2008
Page2
that the existing 60-wide access easement alignment remain in place because it is the most
appropriate access alignment.
Here is a chronology of how the 60-foot wide access easement was established:
l. In January of 2004, the Tybar Ranch acquired what is now known as the
southeastern portion of the Tybar Ranch from Greg and Anne Tamburello. At that time, Mr. and
Mrs. Tamburello also owned the 84 acre parcel of land that the Hegwers now own. This is the
same land that was subsequently burdened by the conservation easement that AVLT currently
holds. As part of the bargained for consideration for the purchase of the lands from Mr. and Mrs.
Tamburello, Tybar Ranch obtained rights to use a 60-fbot wide access and utility easement that
was created in July of 2003 which served to extend primary road access and easements for
utilities to both the Tamburello property and the southeastern portion of the Tybar Ranch. A
copy of the July, 2003 Easement Declaration is included with this letter. A copy of the warranty
deed the Tamburellos conveyed to the David Kendall Danciger Trust (Tybar Ranch's
predecessor) is also included. That deed included the 60-foot wide access easement as an
appurtenance to the lands conveyed.
2. In July of 2004, the Tamburellos, the Danciger Trust and Ranch Savers, Inc.
entered into an amendment to the Easement Declaration that served to realign the 60-foot wide
easement location and to arrange for the transfer of the easement to a homeowners association. A
copy of the amended Easement Declaration is included with this letter.
3. In September of 2004, Ranch Savers, Inc. recorded the Turgoose Rural Land
Development Exemption Plat, which consists of six lots or parcels. One of the lots in that
development--Lot 6--is an 84 acre parcel now improved with a single family residence currently
owned by the Hegwers. As a condition to the subdivision exemption approval process, the
developer dedicated to AVLT a conservation easement over Lot 6. Copies of the Turgoose
Development plat map and the AVLT conservation easement are included with this letter.
4. Based on the recording and title transfbr sequences described above, both AVLT
and the Hegwers had actual, record notice of the existence of the 60-foot wide access easement.
It is depicted on the Turgoose Development plat map. While the AVLT and the Hegwers may
argue for a relocated access road, they certainly cannot assert surprise or disappointment with the
fact that Tybar Ranch intends to use this appurtenant 60-foot wide access easement as the
primary access to the southeastern portion of the Tybar Ranch.
HOLL4NP.*H+1T *
Carolyn M. Dahlgren, Esq.
Mr. Fred A. Jarman, AICP
February 13,2008
Page 3
Notwithstanding the well-documented history of the creation of the 60-fbot wide access
easement serving Tybar Ranch, the AVLT and the Hegwers argue that County Road 233
extended through the Tybar Ranch to serve the southeastern portion of the property is a morepractical access. This is simply not the case. To extend County Road 233 .asi*a.d will require amajor set of switchbacks to accommodate the elevation gain. Ii will also jeopardize the
agricultural operations that the Tybar Ranch is attempting to preserve.
Creating new primary subdivision access roads through a workin ghay and cattle
operation is a practically difficult and unsafe alternative. Included with this ietter are photos ofhaying operations and cattle pasturing activities on the Tybar Ranch. As you will see, the TybarRanch operations require a free movement of cattle over and across the internal ranch roads aspart of the grazing and watering of the livestock. We will be prepared to discuss this dynamic ingreater detail at the Board of county commissioners public hearing.
We also believe firmly that the AVLT and the Hegwers are arguing against conservationvalues when they propose an alternative primary access route to the southeasiern portion of theTybar Ranch' This will simply double the amount of road surfaces in the area.
One final observation point. The Hegwers failed to mention that the 60-fbot wide access
easement provides a specific mechanism for relocating the access road if any of Mr.Tamburello's successors in interest choose to do so at their sole cost a.rd expense. The Hegwersproperty is 84 acres and contains four alternative building envelopes as shown on the TurgooseDeveloment plat map. The Hegwers' predecessors in titG chose to build the residence on one ofthe four building envelopes on Lot 6 The building envelope they chose to build on is perhaps
most directly impacted by the 60-foot wide acces, .ur.-.nt. l-he Hegwers in turn purchased Lot6 with full knowledge of the existence of the 60-foot wide access easement. They did thisknowing that the 60-foot wide access easement would generate traffic literally at their doorstep.For the Hegwers to now urge that the access road be relocated away fiom their residence iscontrary to the original intent as well as the terms and provisions of the 60-foot wide access
easement agreement.
In summary, we respectfully request that the access road location designed to serve thesoutheastern portion of the Tybar Ranch property remain in its current alignm'ent. It is the safestroute' It is the planned route. It is established by a recorded 6Gfbot wide access easement. ltwill serve to promote the agricultural values establishecJ by the conservation easement to beplaced on the Tybar Ranch, and it will not compete with or disrupt the conservation values
established by the AVLT conservation easement.
LIST OF DOCUMENTS
TYBAR ANGUS DAVIES MESA RANCH
6O'.WIDE ACCESS EASEMENT DOCUMENTS
1 . Easement Declaration . 710312003, Reception No. 63 100-8. 1489 P . 429
(Tamburellos Dedicate 60' wide easement for access and utilities)
2. Warranty Deed . 112112004, Reception No. 645042-8. I 55 P.997 (Tamburello
conveys lands to Danciger Trust, includes as an appurtenance the 60' wide easement for access
and utilities).
3. Easement Declaration . 712012004, Reception No. 656209-8. I 606 P. 44
(Tamburello, Danciger Trust and Ranch Savers, Inc. amend Easement Declaration described
under item #1 above).
4. Turgoose Ranch Rural Land Development Exemption Plat. 912212004, Reception
No. 660180 (creates 6-Lot Turgoose development, and shows 60'wide easement for access and
utilities).
5. Grant of Conservation Easement for Turgoose Ranch . 912212004, Reception No.
660181-B. 1624P.212 (places conservation easement on Lot 6, Turgoose Ranch).
6. Declaration of Covenants. Conditions and Restrictions (Turgoose Ranch.) . 912212004,
Reception No. 660182-8. 1624 P.237 .
7 . Warrant), Deed . 6/0612007, Reception No. 724971-B. 1 934 P.664 (conveys Lot 6,
Turgoose Ranch to Hegwers).
3829862 I DOC
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P132 11
COUNTY
ALSDORF
c0
EASEMENT DECLARATION
(Amen-dment and Extension of E4sement Declaration recorded l2119/03. #616842. B. l4_18 P. 429)
' This Easement Declaration is made by Greg Tamburello and Anne Tamburello ("DECLARANT"),
whose address is 1743 CR 210, Rifle, CO 81650.
DECLARANT hereby creates the following described Easement, with the following described non-
exclusive rights and obligations to use ofthe following described easernent.
l. Declarant hereby creates a non'exclusive easement, for access and utilities dcscribed as folkrws:
A STRIP OF LAND 60 FEET IN WIDTTI FOR TI{E USE OF ACCESS AND UTILITY PLACEMENT SITUATE IN TIIE
sEl/4SEl/4 SECTION 3 AND rN TllE sl/2 SECTTON 2 AND rN THE NWI/4NEl/4 SECTON 10, TOWNSUIP 6 SOUTH,
RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COLIN'TY OF GART'IELD, STATE OF COLORADO SAID
ACCESS AND UTILITY EASEMENT I.JYING 30 FEET TO EACH SIDE OF THE FOLI,OWING DESCRIBED CENTERLNE:
EASEMENT FROM CR 291 ACROSS IIhRCELS 2.3. 4. 5 and 6 LAs describerl in Aflidavit Re Boundary Line AdJustment recordcd
l7l9l2002. Recention No.6168431. B. l:4t8. p.412);
COMMENCING AT THE EAST I/I6 CORNER BETWEEN SECTION 3 AND SECTION IO, AN ALUMINUM CAP IN PLACE:
THENCE S 00"42'37" W I319,67 FEET IO A, POINT ON THE NORTI.IERLY RICIIT-OT-WAY OT COUNTY ROAD NO. 293
THE TRUE POINT OF BECINNING;
THENCE ALONG SAID CENTERLINEi.THE FOLLOWINC FIFTEEN (I5) COURSES:t) N00.35'32'W 1349.44 FEE',r;2) N89"38'00"E 38e.73 FEE',I';
3) N28.22'58'E 197.65 FEET;4) N20't7,54"E 110.36 FEET;
5) Nt3'13'53'E 165.49 FEET;6) N42.02,s3"E200.7t FEET;7) N47.52'24.8 173.28 FEET;8) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS oF 2OO.OO FEET AN ARc LENGTH oF
133.30 FEET (CHORD BE.h,RS N24ol8,sr,,E 130.84 FEET);9) N03"3036'E 175.00FEET;
l0) N09.33'22"W 71.80 FEET;
I I ) 589058.57"8 577.29 FEET;
l2) s89os8's7-E 939.42 FEET;
t3) N5e"54'01"E 313.38 FEET;
I4) ALONG THE ARC OF A CIJIRVE TO THE RIGHT I{AVIN6 A RADIUS OF I25.()() FEET AN ARC LENGTH OF
107.03 FEET (CI|ORD BEIhRS NE4'25'47'E 103.79 FEET) ;I5) 570"39'36',8 80.26 FEET TOiTHE EAST LINE OT SAID PARCEL 5, A PoINT oF TERMINUS;
wHENCti SAID EAST r/16 CORINER BETWEEN SECTTON 3 AND SECTTON l0 BEARS 565.3821"W J08t.29 FEET,
slt)E LINES'ro BE LENdTT-TENED oR SHORTENED To ct.osE upoN pRopERTy LTNES; AND
EA.$EMENT TO EAST LINE OJ]PARCFL 6:covrrae@ToFTERMINUsoNTHEEASTBoLJNDARYoFPARCEl-5,THENCE
ALONG SAID CENTERLINE, THE FOLLOWINC SIX COURSES:
l) s70"39'36"E91.50 FEET; :
3) S70o59'45"8 625.59 FEETI
4) AI,ONG THE ARC OF A CURIVE TO THE LEFT HAVINC A RADIUS OF IOO.OO FEET AN ARC LENCTII OF 127.45
FEET (CHORD BEARS N?2"2936"E I 18.99 FEET);
5) N35.58'58"8 223.56 FEET; :
6) NOO'27'54"W 2I I.54 FEET TQ A POINT OF TERMINUS ON THE NORTH AND EAST BOL]NDARIES OF PARCEL 6,
WHENCE SAID EAST l/lb CqNER BETWEEN SECTION 3 AND SECTION t0 BEARS S70.58'55'W 4t58.01
FEET, slDE LINES To BI! L.ENGTHENED oR SHORTENED To cLoSE UpoN pRopER'ty LrNES; AND
EASEMENT rO SOr rTH t.tNE dF PARCEL 6:
COMMENCINC AT THE AFORFSAIP POINT OF TERMINUS oN TI{E EAST BoUNDARY LINE oF PARCEL 5,
THENCE,ALONASAIDqENIERLINE,STO'39']6''E91.5OFEET; TIIENCE56I']0'48"823I I4FEETTOTI,IE
PotNr o[ BEGINNING, ]'HE].lcE ALoNc sAID CENTERLINE, THE FOLLowTNG EIGHT couRSES:;
l) S4s'04'51"E 206.80 FEET; i ,
2) S47o54'13"8 274.7t FEET; I
3) ALONG THE ARC OF A CUflVE 10 THE RICHT HAVING A RADIUS oF I25.OO FEET AN ARC LLNCTH oF 93.83
FEET (Cr{ORD BEARS S[8.14103,,E 91.64 FEET);
4) S03o44'32"E I 19.20 FEET;
:
i
c;\cLIENTS\Tamburello\smith\Access & utilirly tjascnrcnts\agr Easement D€c 0307ol.rtt page t of 3
Revised; 07101t03 I t:14 AM: printed:0?/01/03 4:53 pM
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63IOOO2of3 07/93/2093 12:39P 81489 P133 H ALSD0RF
R 16.00 D g,Og GRRFIELD COUNTY CO
5. The easement is subject to olldwing terms and conditionsi
of lhnds burdened by the Easement, may incorporate said easement into aA. Declarant, or
subdivision and use the easement for to,other lands. Any such lands using this easement for access shall
contribute proportionately to mai
B. Owners of lands by the Easement may relocate, at their expense, one or more
portions of the easement from time to ti but the relocated easement shall be of similar character and utility.
bo solely responsible for any maintenance or repair deemed necessaryC, Easement owners
by them for use ofthe easement aud
shall not have any obligation to
an owner of lands served by the
upkeep and preservation ofthe easement
Easemcnt, and such costs shall be shared
residence served by the Easement.
D. This Eascrnent shall
llbe thc sole responsibility of the owners o[ lands served by the
Colorado and flre Eassment owners, by
gbverned by and construed in accordance with the laws ofthe State of
ufe ofthe road, consent, subject to the following arbitralion provision,
to the personal jurisdiction of the District
agreement.
of Garfield County, Colorado regarding any issues arising under this
E. This agrecment and
ofthe benefited Lots, their successors
lationship created by this agreement or
for ils reasonable attorneys' fees, ex
C:\CLl ENTS\Tamburello\SmithlAccess & Utilitly
5) 523"55'00"E 195.62 FEETT
6) ALONG THE ARC OF A CURVE TO t'HE RIGHT HAVTNC A RADIUS OF 144.69 FEET AN ARC LENGTII OF
146.0s FEET(CHORD BE^RS S08",14'41"W r39.93 FEET);
7) S37'54'27"w 138.82 [EEr;
8) Ss0"t6'32"W 228.15 FEEI TO A pOtNT OF TERMTNUS ON TFIE SOUTIT LINE Or PARCEL 6 AND NORTH LINE
oF Nwl/4NEl/4NWl/4 0F SEC. 11, T. 6 S., R. 93 W., 6m P.M.
WHENCE SAID EAST I/I6 CORNER BETWEEN SECTION 3 AND SECTION IO BEARS 589'30'4I'W 3295"2] FEET,
SIDE LINES TO BE LENCTHENED OR SI-]ORTENEI) TO CLOSE UPON PROPERTY LINES; AND
EA^SMENT TO NORTH LT-N-E O[J[ARCF,I,6:
COMMENCING AT.I]{E AFOIII]SAID COURSE NO, I5, POINT OF TERMINIJS; TI{ENCE, ALONC SAID
CENTERLINE, S7O'39'36th 9I.50 FEET TO THE IOINT OF BEGINNING;1'IIENCE, ALONG SAID
CENTERLTNE, N00"33'49flw t04.06 FEEt TO A POINT ON THE NORTHERLY LINE OF PARCFIL 6, ONE
porNT oF TERM|NUS FoR SA|D EASEMENT (Wr TENCE l'HE NORTHWEST CORNER OF PARCEL 6 BEARS
s89"26't t"W 85.9t FEEr)il SIDE LrNES TO BE LENGTHENED OR SIJORTENED TO CLOSE UPON PROPERTYr.rNES.
i
(Description ofeasement create,t dV, S.ott E. Aibner, L.S. #31 143, BookcliHsurvey Services, Inc., 136 East Third St., Rifle,
co 81650)
2. Said Easement shall be for use th{ owners of Parcels 2,3,4,5, and 6 (as clescribed in Boundary Line
Adjusnnent Affidavit recorded at Recepticfn No. 615843 B. 1418, P. 432) and other lands located in Secs. 2, 3, and
I l, to which Declarant grants rights to us{lofthis easement, their successors, assigns, agents, employees, tcnants,
guests and invitees, for a private access rdfd, alnd utilify and drainage purposes, subject to the terms, conditions and
provisions hereinaftcr set forth,
I
I
3. This Declaration is made, withput warranty of any kind, either as to title, authority, or as lo the road's
quality, safety, condition, or future usabilify. To tlre extent this document is considered to be a conveyance, it shall
be considered a quit claim deed. :
i
4. The easement shatl be non-exQflusive and appurtenant to the above-described properties to which access
is granted by this Agreement. No right toihhis basement can be granted, conveyed or transfened, separate from an
interest in the lands to which access is erd{rtedlUy this Agreement. This Declaration does not give the Easement
owners right to grant any right to the public fo1 use of lhe easement without the express written agreement of the
DECLARANT. i
"epa[r, at their sole exp€nse, any damage caused by thcir use. Declarant
to airy such maintenance or repair, except to the extent that Declarant is
Tlie costs of repair, maintenance, snow plowing, and other expenses of
r^ttlu^,.u^ -^l^ -^^-^--:L:t:!, ^f,rL^ --al^-I^ ^^-.,^i L.,.L^
tlrle owners of the respective lands, one share for each single family
Revised:07/0t/03 I t:14 AMI printea: o?/ol/03 a':5i nvt
s\agr Easemenl Deo 030701.rtf; Page 2 of3
conditions and provisions hereof may be enforced by the owners
In the event that litigation or arbitration arises out ofthe re-
e&sement, lhe prevailing party shall be entitled to reimbursement
costs incurred in connection therewith.
l mil lllil illll llll lllll llllll llllt lll llllu[l Llll'a{ici,is oitotiiaas 12:3eP B148s P134 tt ALSDoRF
3 of 3 R 16.00 D 0.00 GRRFIELD COUNTY C0
F. Easement ovmers, shall hold DECLARANT harmless and indemniff DECLARANT from any
claim, demand, injury, damage, liability or obligation whatsoever resulting or arising from owners use of the
easement or use by anyone under authority or invitation of Easement owners of the easement hereby granted, which
indemnity shall include reasonable attorney's fecs, expenses and costs.
G. Any dispute arising wrder this Agreement or use of the Easement shall be resolved by binding
arbitration, pursuant to the Rules of the Arfrerican Arbitration Association, or as otherwise agreed by the parties.
Any award resulting from such arbitration may be enforced as a judgment under the Colorado Rules of Civil
Proccdure.
H. Declarant or subscquent Lot owners may incorporate the terms hereof into the covenants o[ a
common interest community. ;
l. Under no shall road access be denied to or from any Lots over and across the road
easement for emergency vehicles,equipment, and government officials while on official business.
DECLARANTS:D7
)
STATE OF Colorado, COUNTY OEiCamela ) ss. -rhe firregoing i";d;#*;';;lir;i;;;.d before,ri' ---.,3r.1 day or \u. \-r -, 2rr1, by
cregTamburettoanaanneTamburello.
-::
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Witness by hand and official sealir i.-- -'-
Mycommission.*pres: c\\'i.r\c'i "
SEAL:
Anne Tamburello
C:\CLIENTS\Tamburello\Smith\Access & Utilitly ti*"m.ntr\ug, Eascmcnt Dcc 030?0l.rtl; Page 3 of 3
Rcvised: 07lDll03 Il:14 AM; printed: 07/01/03 4:53 PM
K. This blnding on the successors agd assigns ofthe parties.
ffi;fiffiffitsoer,
,/zr/ray'
WARRANTY DEED
Grantor(s), Gregory J. Tamburello and Anne E. Tamburello whose legal
address is 1743 CR 210. Rifle, CO 81650 County of Carfield and State of
Colorado,
for the consideration of One Hundred Twcnty-Five Thousand and 00/100 ($125,000.00) DOLLARS, in hand paid,
hereby sell(s) and convey(s) to David Kendail Danciser Trust whose legal address is l22l Merit Dr., Stc' 1400'
Dallas, TXiS2Sl-22S2, tlr" fotlo*ing real property in the County of Garfielcl and State of Colorado, to wit:
A TRACT OF LAND SITUATE IN THE NW1/4SE,I/4 SECTION 2,'fOWNSHIP 6 SOUTH, RANGE 93
weifoe 1gB 6'rtr pRINCtpAL MERIDIAN, couNTY oF GARFIELD, srATE oF coLoRADo, sAID
TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE, SOUTH CENTER I/16 CORNER SAID SECTION 2, AN ALUMINUM CAP
L.S. NO. IO87I IN PLACE, THE TRUE POINT OF BEGINNING:
THENCE NOO"26'33"W ALONG THE WESTE,RLY LINE OF SAID NW II4SE,I14 1321.75 FEE'T TO
THE CENTER % CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. I5TIO IN PLACE;
THENCEN89O27'I2"8 ALONG THENORTHERLY LTNE SAIDNWI/4SE1/4 620.00 FEETTO A
REBAR AND CAP L.S. NO. 3I I43 SET;
THENCE DEPARTING SAID NORTHERLY LINE 500O26'33"8,1321.52 FEET TO A POINT ON
THE SOUTHE,RLY LINE OF SAID NWI/458114, A REBAR AND CAP L.S. NO. 31I43 SET;
THENCE S89O25'56"W ALONG SAID SOUTHERLY LINE 620.00 FEET TO THE TRUE POINT OF
BEGINNING,
-TOCETHER
WITH THE RIGHT TO USE THE EASEMENT CREATED BY EASEMENT
DECLARATION RECORDED 7IO3I2OO3 AT RECEPTION NO. 63IOOO BOOK I489 PAGE I32 FOR
UTILITIES AND ACCESS TO LANDS OWNED BY CRANTEE IN SECS.2 AND 3 OF SAID TOWNSHIP
AND RANGE.
TOGETHER WITH: ALL RIGHTS TO APPLY FOR AND PURSUE, WATER WELLS OF ANY KIND,
TYPE OR USE, BUT RESERVING UNTO GRANTORS ALL EXISTING SURFACE WATER RIGI-ITS.
also known by street and number as: unassigned CR 210, Rifle, CO 81650
assessor's schedule or parcel nurnber: Portion ofSch. No. 21481, Parcel No.2177-024-00-230
with all its appurtenances, and warrant(s) the title to the same, subject to:
l) Mineral and, patent reservations of record; 2) Perpetual easement and right of way granted to
iol".oOf U, " il/"iri"Association, Inc., as clescribed in Agreement rccorded October 30, 1962 in Book 345
/q/o
E. Tarnbure
/?,e"r/lr>n 6q5OlZ
B, / dt|??7
STATE OF COLORADO County of GARFIELD
The foregoing instrument was acknowledged before nre this (t/f '\ clay of by Creeory J.
Tarnburello and Anne E. Tamburello.
Witness my hand and official seal.
My commission expires:
Name and Address of l)erson Creating Newly Crcated [.egal Dcscription ($38-35-106.5' C.R'S )
C:\CI-llNTS\Trrnrhtrrcllo\Danciger\\\'D (o Danciger'doc; Page I ol I
Rcviscd: l/.c/2004 4:0!l l'M; printcd: I/8/2004 4:0ti I'M
Notary Public
D[:1,!t'iA rtctil:
I'iO]7\RY PUtsLlC
SI,A,iE CiF Ci-]I.ORADO
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1 of 6 R 31.00 D O.OO GARFIELD COUNTY C0
EASEMENT DECLARATION
(Amendment of Easement Declaration recorded 07/912003. #631000. B. 1489 P. 132)
This Easement Declaration is made by Gregory J. Tamburello oka Greg Tamburello and Anne E.
Ttmburello aka Anne Tamburello ('DECLARANT"), whose address is 1743 CR 210, Rjfle, CO 81650.
DECLARANT hereby creates the following described Easement, with the following described non-
exclusive rights and obligations to use of the following described easement.
l. Declarant hereby creates a non-exclusive easement, for aocess and utilities described as follows:
l drnip op r-o", ,b ,ur, ^ *,oru oA*p uso or eccsss AND Lrrrt-rry pLAcEMENT srruArE rN r rE
SEI/4SE1/4 SECTION 3 AND IN TI]E SI/2 SECTTON 2 AND IN THE NWI/4NEI/4 SECTION I(), TOWNSHIP 6 SOUTH,
RANCE 93 WEST OF THE SIXTH PRTNCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO SAID
ACCESS AND UTILITY EASEMENT LYINC 30 FEET TO EACII SIDE OF ]'HE FOLLOWING DESCRIAED CENTERLINE:
EASEUENT FROM CR 293 ACROSS PABQELS 2.3.4- 5 and 6 LAs described in Alfidavit Rc Boundarv l-ine Adj115qlgltresodad
.o,SECTIoN3ANDsEcTloNl0,AN^LL]MINUMCAIINPLACE:
THENCE S OO'42']7" W 13I9.67 FEET TO A POINT ON TIIE NORTIIERLY RIGI,I'T.OF.WAY OT COUNTY ROAD NO, 293
THE TRUE POINT OF BEGINNINC;
THENCE ALONG SAID CENTERLINE THE FOLLOWINC ITITTEEN (I5) COURSES:I) N00o3532.W 1349.44 FEET;2) N89.38'O0'E 389.73 FEEr;
il ili8:??:;:::E i?l:liIEET,
5) N13"13,53'E 165.49 FEET;
!) N42"02'53',E200.71 FEEr;
7) N47.52?4',E t73.28 FEET:
8) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2OO.OO FEET AN ARC LENGI'H OF
133.30 FEET (CHORD BEARS N24"18'5t"8 t30.84 FEET);9) N03"3036"8 l75.00FEET;
i?l i,?#;?x]lt3|EET,
l2) s89"58'57'E 939.42 FEET;
l3) N59"54'0r"E 3 13.38 FEET:
I4) ALONC THE ARC OP A CURVE TO THE RIC}IT IIAVING A MDIUS OF I25.OO FEET AN AITC LENGTH OF
r07.03 FEET (CHORD BEARS N84"25'47"E 103.79 FEET);
l5) s70"39'36"E 80.26 FEET TO THE EAST LINE OF SAID PARCEL 5, A POINT OF TERMINUS;**\?BJIIRJ,S;yJ"EiHfi[.?fJHfi"L3??1',$r#3.'"1'#"#,l"RBtifl.i$"?,i3r'wJ,E'| 2e rEEr'
EASEME.NLTO EAST LINE OF PARCEL 6:
. . Thc portion ofthis casemenl segmenL as dcscribed in Book 1489 at Pagc t32, is hereby abandoned and the following
dcscribcd csscment substituted:
AMENDED EASEMENT TO EAST LINE q!'PARCEI,6
i?}ffi8.^"JUff3li5%tf+'f.fri*?#i3il.SX]H33}.H,?3^"ERLY BOL'NDARY OF PARCEL 5:
r.) s70"39'36"E 91.50 FEET;
2.) 583"03'39"E I 67.36 FEET;
3.) S76.26'57"E l6E, l8 FEET;
4.) 565"t7'00"8 I t4.46 FEET;
5.) S73o54',55"E 155.t I FEET;
6.) S69.21',55"E 159.M FEEt'i
7.) S?s.24'27"8 130.54 FEET;
8.) ALONG TTTE ARC OF A CURVETO TIIE LEFT I'IAVINC A RADI(JS OF IOO.OO FEET AN ARC I,ENGTH
oF I19.75 FEET (CHORD BEARS N70.t 7,t 6"E I t2.?2 FEE.r.);
9.) N35.58',s8"E 12E.56 FEET;
IO.) NOO"27'54"W 2II.54 FEgtTO THE POINT OF TERMINUS WHENCE SAID EAS'| I/I6 CORNER
BETWEEN SECTION 3 AND SECTION IO BEARS S7O'58'55'W 4IsE.OI FEET, SIDE LINES'TO I]E
LENGT}IENED OR SHORTENED TO CLOSE UPON PROPERTY LINES.
EASEMENT TO SOUTI{ LINE OF 8AIIEEL5:
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Revised: 6l l'l 12004 3 ;J6 PM; p'inted: 6nt DOM I I :22 AM
I^IIIEN REC0RDED, RETURN To: John W. Savage, p.C. , ?. 0. Box 1926, Rlf 1e, co 81650-1926
,?
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ilililr ilil1 il]il ]t illl[ lllt ]Ht llt !]lt illt lllt
656209 01/2@/2904 11:384 81606 P45 tl ALSD0RF2 of 6 R 31.00 O O.@O GRRFIELD COUNTY C0
COMMENCINC AT THE AFORESAID POINT OF TERMINUS ON THE EAST BOLINDARY I-INE OF PARCEL 5,
THENCE,ATONGSAIDCENTERLINE,570"39'36"891.50FEET; ]IIENCE36l'30'48"E231.14F'EE]"[OTHE
POINT OF BECINNINC, THENCE ALONC SAID CENTERLINE, THE FOLLOWINC EIGHT COURSES:;
r) s45"M'51"8 206.80 FEET;
2) 547"54', t3"E 274.7t FEET;
3) ALONO THE ARC OF A CURVE TO T}IE RIGHT HAVING A RADIUS OF I25.OO FEET AN ARC LENGTTI OF 93.83
FEET (Cr'rORD BEARS S28"r4'03.8 91.64 FEET);
4) S03.44'32"E I 19.20 FEET;
s) s21.55'00"8 195.62 FEET:
6) ALONG THE ARC OF A CURVE 1O THE RIGIIT I IAVINC A RADITJS OF I44,69 FEET AN ARC L,ENGTH OF
t 46.05 FEET (CHORD BEARS 508"44,4 t*W 139.93 FEET);
7) S37'54',27"W 138.82 FEEr';
8) Ssool5'32"W 228.r5 FEET TO A POTNTOF TERMINUS ON TI{E SOI]TH r.rNE OF PARCEL 6 AND NORTH LINE
oF NWI/4NEI/4NWl/4 0r SEC. I l, T. 6 S., R.93 W., 6rr p.M.
WI-IENCE SAID EAST I/I6 CORNER BETWEEN SECTION 3 AND SECTION IO BEARS 589'30'4I"W 3295.23 ITEET,
SIDE I,INES TO BE LENGTHENED OR SHORTENED TO CI-OSE UT{)N PROPERTY LINES; AND
EA-SMENT TO NORTH t.rNE OF PARCEL 6:
COMMENCINO Al'THE AFORISAID COURSE NO. 15, POINT OF TERMINUSI THENCE, ALONG SAID
CENTERLINE, 570039'36"8 91.50 FEET TO TIIE POINT OF BEGINNING; THENCE, ALONG SAII)
CENTERLINE, NOO'33'49"W I04.06 FEET TO A POINT ON THE NORN-IERLY LINE OF PARCEL 6, ONE
POINT OF TERMINUS FOR SAID EASEMENT (WHENCE THE NORTHWESTCORNER OF PARCEL 6 BEARS
389'26'I I"W 85.9I FEET), SIDE LINES TO BE LENGTHENED OR SI-IORTENED TO CI,OSE UPON PROPERTY
LINES.
(Description of e&sement crcated by: Scott E. Aibner, L.S. #3 I l4l, Bookcliff Suwcy Serviccs, lno., 136 East Third St., Rifle,
co 8t650)
2. SaidEasementshall beforusetheownersofParcels2,3,4,s,and6(asdescribedinBoundaryLine
Adjustment Affidavit recorded at Reception No. 6 t5843 B. 1418, P,432) and orher lands located in Secs. 2,3, and
I l, to which Declarant grants rights to use of this easement, their successors, assigns, agents, omployees, tenants,
guests and invitees, for a privarc access road, and utility and drainage purposes, subject to the terms, conditions and
provisions hereinafter set forth.
3. This Declaration is made, without warranty of any kinrl, either as to title, authority, oruts to the road's
quality, safety, condition, or future usability. To the extent this document is considered to be a conveyance, it shall
be considered a quit claim deed.
4. The easement shall be non-exclusive and appurtenant to the above-described properties to which access
is granted hy this Agreement. No right to this easement can be granted, conveyed or tranifened, other than to an
assogiated homeowners assgciation [underlined material added 6117l04l, separate from an interest in the lands to
which access is granted by this Agreement. This Declaration does not give the Easement owners right to grant any
right to the public for use of the easement without the express written agreement of the DECLARANT.
5. The easement is subject to the following terms and conditions:
A. Declarant, or owncrs of lands burdened by the Easement, may inoorporate said easement into a
subdivision and use the easement for access to other lands. Any such lands using tiris easement for access shall
contribute proportionately to maintenance and rtpair costs.
B- Owners of lands burdened by the Easement may relocate, at their expenso, one or more
portions of the easement from time to time, builhe relocated earement shall be of similar iharacter and utiliry.
C. Easement owners shall be solely responsiblc for any maintenance or repair deemed n"."s"ry
by them for use ofthe easemenl and shall repair, at their iole expense, any damagc caused by their use. Declarant
shall not ha-ve any obligation to contribute to any such maintenance or repair, exclpt to the extent that Declarant is
an owner of lands served by the easement. The costs of repair, maintenance, snow plowing, and other expenses of
upkeep and preservation ofthe easement shall be the sole risponsibility ofthe owners oflands served by the
Easement, and such costs shall be shared by the owners ofthe respective lands, one share for each singli family
residence served by the Easement.
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Revised : 6l I 1 l20M 3 :36 PM; prinred: 6n I D004 I I :I2 AM
Lllllll_uttt llilil lil Iilffi ilillll] il ilff ilil ll]656209 O7/2O/2OO4 11:38e 81606 p4o H RLSDORF3 of 5 R 31.00 D @.o@ GRRFTELD coUNTy CO
D. This Easement shall be governed by and construed in accordance with the laws of the State of
Colorado and the Easement owners, by their use of the road, consent, subject to the following arbitration provision,
to the personal jurisdiction of tlre District Court of Garfield Counry, Colorado regarding any issues arising under this
agreement,
E. This agroement and the terms, conditions and provisions hereof may be enforced by the owners
ofthe benefited Lots, their successors and assigns. In the event that litigation or arbitration arises out of the re-
lationship creBted by this agreem€nt or use of the easement, the prevailing party shall be entitled to reimbursement
for its reasonable attorneys' fees, expenses, and costs incurred in conneclion therewith.
F. Easement owners, shall hold DECLARANT harmless and indemniS DECLARANT'from any
claim, demand, injury, damage, liability or obligation whatsoever resulting or arising from owners use of the
easement or use by snyone undcr authority or invitation of Easement owners of the easement hereby granted, which
indemnity shall includp reasonable attomey's fees, expenses and costs.
C. Any dispute arising under this Agreement or use of the Easement shall be resolved by binding
arbitration, pursuant to tho Rules of the American Arbitration Association, or as othcrwise agrecd by the parties, -
Any award resulting from such arbitration may be enforced as a judgment under the Colorado Rules of Civil
Procedure.
H. Declarant or subsequent Lot owners may incorporate the terms hereof into the covenants of a
common interest community.
I. Under no circumstances shall road access be denied to or from any Lots over and across lhe road
easement for emergency vehicles, maintenance equipment, Bnd gov€rnment officials while on official business.
K. This agreement shall be binding on the successors and assigrs ofthe parties.
Date:
STATE OF Colorado, COUNTY OF Garfield ) ss.
- The foregoing instrument was acknowledged before this 2 t {
day of
Gregory.l. Tsmburello snd Anne E. Tamhurello.
Witness by hand and oflicial seal.
My commissio n e*pirer: /O /n /+qoT
The following parties, being successor owners of portions of the burdened and
properties, hereby confirm and ratifu the foregoing Easement Declaration (Amenclment of
Easement Declaration recorded A7/0312003,#631000, B. l4g9 p.132.
David Kendall Danciger Trust
By:Date:
David Kendall Danciger, Trustee
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Revised: 6117120M3:36 PM; printcd: 6DllZOO4ll:22 AM
SEAL:
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D. This Easement shall be govemed by and construed in accordance with the laws of the State of
Colorado and the Easement owners, by their use of the road, consent, subject to the following arbikation provision,
to the personal jurisdiction of the District Court of Garfield County, Colorado regarding any issues arising under this
agreement.
E. This agreement and the terms, conditions and provisions hereof may be enforced by the owners
ofthe benefited Lots, their successors and assigns, In the event that litigation or arbitration arises out ofthe re-
lationship created by this agreement or use of the easement, the prevailing party shall be entitled to reimbursement
for its reasonable attorneys' fees, expenses, and cosls incurred in connection therewith.
F. Easement owners, shall hold DECLARANT harmless and indemnify DECLARAN1' from any
clainr, demand, injtry, damage, liability or obligation whatsoever resulting or arising fronr owners use of the
easement or use by anyone under authority or invitation of Easenrent owners of the sasement hereby granted, which
indemnity shall include reasonable attomeyts fees, expenses and costs.
G. Any dispute arising under this Agreernen( or use of the Easement shall be resolved by binding
aLbitration, pursuant to the Rules of the Ameriian Arbitration Association, or as othelwisc agreed by the parties.
Any award resulting from such arbihation nuy be enforced as a judgment under the Colorado Rules of Civil
Procedure.
H. Declarant or subsequent Lot owners may iucorporate the terms hereof into the covenants of a
common interest communify,
I. Under no circumstances shall road access be denied to or from any Lots over and across the road
easement for emergency vehicles, maintenance equipment, and govemment officials while on official business.
K' This agreement shall be binding on the successors and assigns of the parties.
DECLARANTS:
Gregory J. Tamburello aka Greg Tnnrburello
Date:
I
Date:
) ss.
The foregoing instrument was acknowledged before this --- day of
Gregory J. Tamburello and Anne E. Tamburello.
Wiuress by hand and official seal.
Anne E. Tamburello aka Anne Tamburello
STATE OF Colorado, COTINTY OF Garfield
20_, by
My commission expires:.
SEAL:
Notary Public
The following parties, being successor owners of po(ions of the burdened and benefited
properties, hereby confinn and ratify the foregoing Easement Declaration (Amendment of
Easement Declaration recorded 07/0312003,#631000, B. 14g9 p.l3z,
David Kendall Danciger Trust
By::11-lV-O*
9l?otYT:l!t.-old Settings\T-Toddtt111!_s-et1;nssrremporary Inremet Filcs\oLKliB\agr Easemsnt Dcc Amcndcd 0406t7.rrfi page 3 ot4Rcviscd: 6l I 7 t2004 3 :36 pM ; prinred : I t I 3 t}}Oa1i9 pitl
Ll["|llllllffiililIt lltlllt ilil ]lllt ill ilt !ilt m656209 Oi/Z@/ZAO4 11:38f, eiO065 of 6 R 31.00 D O.og GARFIELD
P48 ]1 ALSOORF
COUNTY CO
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The foregoing instrument was subscribed and sworn to before me on -:lftlC*by David Kendall Danciger, as Trustee of the David Kentlall Danciger Trust.
My commission expiresr a\dnf,
Witness my hand and official'seal
RANCH SAVERS LLC, a Colorado limited liability company
By: Rural Land Management Corp., Manager
Date:
President
STATE OF COLORA-DO COUNTY OF GARFIELD )ss.
The foregoing instrument was subscribed and sworn to before me on
by Michael A. Bennett, as President of Rural Land Management corp., Marager of Ranct
Savers, LLC.
My commission expires:
Witness my hand and official seal
Notary Public
:"
. lL .{t '
9lPo":T:lP.und Settings\T_To<ld\Local Settings\Tcmporary tntemct Files\OLKEB\agr Easomenl Dec Amendetl 04061?.rrl; page 4 of 4Revised: 6ll't t2004 3:36 pM; prin red : 7 n312004139 pi{
By:
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6 or 6 R 31.00 D o,0@ cnnFiir-d bd[uiv co
STATE OF coLrNTY OF )ss.
The foregoing instrument was subscribed and sworn to before me on
by David Kendall Danciger, as Trustee of the David Kendall nancigcr Trust
My commission expires:
Witness my hand and offrcial seal
Notary lrublic
RANCII SAVERS LLC, a Colorado timited liability compeny
Date: -7'l - 0<l
STATE OF COLORADO COLINTY OF GARI.-IELD )ss.
.Th9 forgsoing instrument was subscribed and sworn to before rne on ? ,/
by Michael A. Bennett, as President of Rural Land Management Corp., Manager oiilnch
Savers, LLC.
My commission expires: h /t q /goarl
Witness my hand and officili seai
ffirru
CIcLIENTS\TambureltoLsnrith\Acccss & Utilitly Easements\ogr Eascmenl Dec Amended 040617.rrf; page4 of 3Rcvised: 6lnn0O4 3:36 pM; printed: 6/t7D004 ::f Z pV-"--
illllil ililI llilil ]t ]Iilil iltil ilt ilt llil lil lllt
650181 a9/2?/2O94 10:45R 87624 P272 n RLSD0RF\ of 25 R 126.OO D O.00 GARFIELD C0UNTY C0
GRANT OF CONSERVATION EASEMENT
TURGOOSE RANCH
4t, TTIIGRANT OF PERPETUAL CONSERVATION EASEMENT in gross is granted this
- / -
davof :; ul**uc[,2a04,by RANCH SAVERS LLC, 3000 county Road-342, silt, colorado
81652 ("Grantor"), to and for the benefit ofASPEN vALLEy LAND TRiJST, a Colorado nonprofit
corporation, having an address a|320 Main Street, Suite 204,Carbonclale, Coloraclo g1623, (the
"Trust")(collectively, the "parties,,).
RECITALS
WHEREAS, the Turgoose Ranch Rural Land Development Exemption Plat, a copy of which
is attached as Exhibit B and the Declaration of Covenants, Conditions and Restrictions foiTurgooseRanch (the "Declaration") have been approved by the Garfield County Board of CountyCommissioners and recorded in the records of the blerk and Recorder of Garfielcl County as
Reception Nos' t6O l8o and Utool?4 , respectively. Any reference herein to theTurgoose Ranch Rural Land Development -nxernption
Plat means and refers to the plat as sorecorded and any reference herein to the Declaration refers to the Declaralion as so recorded; and
WHEREAS, Grantor is the sole owner in fee simple of certain real property in GarfieldCounty, State of Colorado, more particularly described inExhibit A and shown as Lot 6 on theTurgoose Ranch Rural land Development Exemption PIat (hereinafter the ,,properry,,). TheProperfy is comprised of approximately 84 acres of land and certain water rights described below
and is located at 1635 County Road 293, Rifle CO. The term "Property" shall hereinafter be defined
as the land and the water rights combined, and the term "Watei Rights" shall refer solely to theDedicated Water Rights as defined in Section 11 herein; and
WHEREAS, the Property possesses natural, scenic, open space, wildlife, and agricultural
values that are worthy of preservation (collectively, "Cons.*uiion Values,,), as defined in C.R.S.$38-30.5-101 et seq., of great importance to the Giantor, the'frust, the people of Garfield Counry,
and the people of the State of Colorado; and
WHEREAS, in particular, the Property has unique characteristics as irrigated farm andgrazingland representative of the agricultural heritage of tie Rifle area, including ofen space vistas
and wildlife habitat which contributes to a biologi"ully dir.rse ecosystem which includes various
species of birds, marnmals, insects, and plants; and
WHEREAS, Grantor and Grantee agree that agricultural land and the ranching heritage andlife style are valuable commu'ity assets thaideserve piotection;
WHEIIEAS, th9 Property lies just outside the boundary of the City of Rifle which isexperiencing rapid development pressure which threatens to degrade the biological integrity as well
as the rural and scenic character ofthe properry and surroundiig area; and
WHEREAS, Grantor acknowledges
the requirement of the Garfield County Land
7-16-04 Grant of Conservation Easement.wpd
that this Easement Dccd is intended to satisff in part
Use Code for the creation by Grantor of a subdivision
t
t.,
I
Page I of22
rlllill llll illlll lil illlil ilIil llllt ilt il[illt []
660181 @9/22/2OO4 10:454 81624 P213 l'l RLSDORF
2 ol 25 R 126.00 D o.00 GRRFIELD COUNTY c0
under the tenns of the Rural Lands Development Exemption Ordinance which requircs that 80% of
a property developed according to this ordinance be placed in at least a 4}-yeir term easement.
Approval for the Ranch Savers LLC Development between Grantor and the County of Garfield,
Colorado, a governmental entity acting by and through its Board of County Commissioners is
recorded on or about the same date as the recording of this Easement Deed; and
WI{EREAS, the specific Conservation Values of the Property has been documented in aninventory of relevant features of the Property kept on file at thi office of the Trust (,,Baseline
Documentation"), which consists of reports, maps, ancl photographs, and other documentation that
the Parties agree provide, collectively, an accurate repreientatiori of the property at the tirne of this
grant and which is intended to serye as an objective information baseline for monitoring cornpliance
with the terms of this grant; and
WHEREAS, Grantor intends that the Conservation Values of the Property be preserved and
maintained by the continuation of lancl use pattems on the Property existing ui tt " tl-i of this grant,
including, without limitation, those relating to agriculturalpurposes and the active irrigation if the
Iand for the production of hay and pasture grasses to be consumed by livestock grazing and corralled
on the land which uses the Trust acknowledges and agrees do not significantly impair or interfere
with the Conservation Values;
WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to
preserve and protect the Conservation values of the property in perpetuiiy; and
WHEREAS, the Trust agrees by accepting this grant to honor the intentions of Grantor
s_tated herein and to preserve and protect in perpetuity the Conservation Values of the property for
the benefit of this generation and the generations to come; and
WHEREAS, the Trust is a charitable organization as described in Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended (the "Code") and is a publicly supported organization
as described in Section 170(bX1XA) of the Code, whose primary pu.pose is topreserve and protect
the natural, scenic, agricultural, historical, and open .pac. resources of Pitkin, Eagle and Garfield
Counties, including the area in which the Property is licated, by assisting landown-ers who wish to
protect their land in perpetuity, and is a "qualified organization" to do so within the meaning of
Section 170(h)(3) of the Code; and
WHEREAS, the people of tl-re State of Colorado have recognized the importance of private
gfforts toward the preservation of natural systems in the State by the enactment tf c.n.S. 3g-30.5-
1,01 et seq.; and
wHERBAS, Garfield County has expressed the importance of protecting and conservingagricultural lands, open space, and scenic vistas through passage of a Garfield County
Comprehensive Plan; and
WHEREAS, the Board of Directors of the Trust has duly authorized the Trust's ExecutiveDirector or her designee to execute and accept Conservation Easements on behalf of the Trust.
7-16-04 Grant of Conservation Easement.wpd Page2 of22
lffill illl ull| ]t Iffiil ilill l|llt ilt [|I|ililm660181 @9/22/2004 10:45A ATA,+ pzi'q'il nLSbORF3 0f 25 R 126.00 D @.0@ GARFIELO aOUNTy CO
NOW, TIIEREFORB, in consideration of the above and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, andin particular C.R.S.38-30.5-101 et seq., Grantor hereby voluntarily grants, assigns, sells and
conveys to the Trust, its successors and assigns, a Conservation Easement in Gross in perpetuity,
consisting of the rights and restrictions enumerated herein, over and across the property (tlie
"Easement"). 1'his Grant ofConservation Easement shall be subject to prior reservations, easements,
encumbrances, and exceptions of record related to the propefiy, inciuding without limitation, ali
matters disclosed on the Turgoose Ranch Rural Land Development Iixemption plat and in the
Declaration of covenants, conditions and Restrictions for Turgoose Ranch.
1. Purposes. The purposes of this Easement are to assure that the Properly will remain
forever predominantly in its agricultural, scenic, natural and open space condition, subject to the
uses of tl're Properly permitted hereunder, and to prevent iny r'ri" of the property that will
significantly impair or interfere with the Conservation Values of the Property and, in the event of
their degradation or destruction, to restore such Conssrvation Values tf tir" property. Grantor
intends that this Easement will confine the use of the Property to such activities, inctu4irig, without
limitation, those involving ranching, farming, and general conservation purposes, as are consistentwith the purposes of this Easement. Pursuant to the tenns of C,R.S. :g-:O.S-tOt, et seq.,the
Property preserved hereby may not be converted or directed to any uses other than those providecl
herein.
2. Baseline Documentation. The Parties acknowledge that Biologic an organization
familiar with Conservation Easements, the Property, ancl its environs, has lrepared a primary
Baseline Documentation of the Properfy. The Baseline Documentation has te.r, reviewed and
approved by the Trust and the Grantor as an accurate representation of the biological and physical
condition of the Properly at the tirne of this grant, subject however to the easements, rights-of-*uy
and all mafters shown on the Turgoose Ranch Rural Land Development Exemption Plat referenced
above. Grantor will retain a copy of the Baseline Documentation for its recoids and a copy of the
Baseline Documentation will be on file with the Trust.
3. Rights of Trust. To accomplish the purposes set forth herein for this Easement, Grantor
conveys the following rights to the Trust, with such rights to be exercised subject to Trust,s
reasonable judgment:
The right to identifu, preserve, and protect the Conservation Values of the property
in perpetuity;
The right to enter upon the Property at reasonable times, to inspcct the Property
thoroughly, to rnonitor Grantor's compliance with and otherwise enforce the terms
of this Easement; provided that such entry shall be upon twenty-four hour prior
notice to Grantor, and shall not unreasonably interfere with Grantor's use and quiet
enjoyment of the Property;
The right to prevent any activity on or use of the Property that is inconsistent wirh
the pulposes of this Easernent, or which may threatin oi significantly impair the
A.
7-16-04 Grant of Conservation Eascnient,wpd Page 3 <tf 22
B.
C.
ililtil l]il u]il ilt ]il]t ilIil ililt ilt ilil lil [il560181 @s/22/zoo4 10:45A Bt6z4 pzrs fl nr-tDbhF'4 of 25 R 12E.OO D O.O0 GRRFIELD COUNTY co
Conservation Values of the Properly, and to require the restoration of such areas or
features of the Property that are damaged by any inconsistent activity or use;
D. The right to enhance the Conservation Values within the Easernent Properly with
Grantor's prior writlen approval, by planting, grading, irigation, anci iny other
activities as may be necessary to restore or enhance the Conservation Valucs of the
Property, at the discretion and expense ofthe Trust; and
E. Any other rights that both Parties may approve that are consistent with the purposes
of this Easement and the Conservation Values.
4- Prohibited Uses, Any activity on or use of the Property inconsistent with the purposesof this Easement is prohibited. Without limiting the generality of tfre foregoing, the following
activities and uses are expressly prohibited, unless specifically ailowed elsewhere in tt ir Easement:
A. Any change, disturbance, alteration, or impairment of the relatively natural habitat
for plants, wildlife, or similar ecosystems within and upon the Property, except as
provided herein;
B' The construction or placement of any buildings, structures, parking lots, camping
accommodations, golf courses, mobile homes, boat ramps, billboards or commeicial
signs, except as expressly provided herein and except those existing on the date of
this grant and as documented in the Baseline Documentation; the conveyance of
easements, rights-of-way, the paving or gradirig of roadways or the construction of
any roadways without the consent of the Trust, which consent shall be in the Trust's
sole discretion;
C. The removal, destruction, or cutting of native vegetation, except as permitted in Sub
Sections 5D and Section 6, below;
D. The intentional introduction, or failure to prevent the introduction or spread of
noxious weeds such as those as identified by Garfield Coiurty and tle State
Department of Agriculture, or the intentional introduction of or failure to prevent the
introduction or spread of non-native plant or animal species, other than for
agricultural uses consistent with generally accepted practices as defined by the U.S.
Department of Agriculture Natural Resources Conseruation Service (hereinafter
"NRCS"), or other such governmental entity as may be qualified at ihe time to
oversee such practices;
E' The overgrazing of livestock as determined by an expert in livcstock rnanagement,
or other ranching or farming practices which result in "low to moderate" soil-quality
as defined by the NRCS, or other such entity as may be qualified at the time to
oversee such practices;
F' The use of pesticides other than for the control of noxious weecls and/or pests in a
manner consistent with sound environmental conservation practic"r, ,u"h as those
determined by the MICS;
7-16-04 Grant of Conservation Easement.wpd Page4 of22
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G,
L,
The exploration for or extraction of minerals, oil, gas, or other hydrocarbons below
the surface of the Property in a manner that is inconsistent with the meaning of
Section 179(h) of the code and Section I . 1 70A- I 4(g) of the Treasury Regulations,
by the Grantor or any party claiming under Grantor;
The exploration for or extraction of soils, sands, gravel, rock, or other materials on
or below the surface of the Property, by Grantor or any party claiming under
Grantor;
The use of any motorized vehicles off roadways now existing or new roadways
permitted hereitr, with the exception of the use of motorized vehicles incidental and
necessary to the use ofthe Properiy for agricultural purposes;
The establishment or maintenance of any commercial feed lot, which shall be
defined for purposes of this Easement as a permanently constructecl confined area or
fhcility within which the land is not grazed or cropped annually for purposes of
engaging in the business of the reception and extended feeding and finishing of large
numbers of livestock for hire;
The establishment or mainlenance of any commercial or extractive tree farm;
The storage, dumping or other disposal of trash, ashes, garbage, toxic and/or
hazardous materials on the Property, other than the collection and disposal of
agricultural products and byproducts on the Property including tree limbs, scrap
lumber and other organic materials and incidental and necessary to the use of thi
Property for agricultural purposes and in accordance with all applicable
govermnental laws and regulations. This prohibition does not impose any liability
on the Trust, nor shall the Trust be construed as having liability as a "responsible
party" under The Comprehensive Environmental Response, Cornpensation, and
Liability Act of 1980, as amended ("CERCLA"), or similar federal or state statutes;
The degradation, pollution, or drainage of naturally occurring surface or sub-surface
water except that wetlands tliat have temporarily developed in agricultural areas may
be reclairned for agriculture;
Any change in the topography of the Property through the placernent therein of soil,
land fill, dredging spoils, or other material, except as incidental and necessary to the
activities permitled herein and excepting that leveling areas to promote better
irrigation, is specifically allowed;
Any use that would increase, or substantially add to the risk of soil erosion;
Any commercial or industrial uses, except those incidental and necessary to the use
of the Property for agricultural purposes, which are specifically permitted. ,,Home
occupation" uses that do not threaten or significantly impair the Conseryation Valuesof the Property, irrcluding artist's studios, wood shops, and the like, shall be
permitted within an approved building envelope as shown on the Turgoose Ranch
FI.
J.
K.
M.
N.
o.
P.
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RuralLand Development Exemption Plat, provided that such use does not interfere
with Grantor's quiet enjoyment of the property.
a. The erection, construction, installation, relocation or use of a communication facility,
a telecommunication facility, a network element or any other telecommunication
facilities, equipment or material that may be used for telecommunications or to
provide such services, except for in-home networking, wireless telecommunications
access, or other low-impact telecommunications services, and except for
condemnation of rights-of-way by duly authorized public utilities;
R. Utility lines or substations not necessary and directly related to uses of the Property
permitted by this Easement and except any pre-existing lines;
S. Wind-powered electric generators to produce electricity for off-site use;
T. If the Property reverts to wildlife habitat or is no longer used for agricultural
purposes pursuant to Subsection 5I-I, below, hunting or trapping will not be
permitted;
U. External lighting, including landscape and driveway lighting, which impairs the
Conservatiotr Values of the Property, with the exception of lighting for agricultural,
security and safety purposes;
V. Except as permitted in Subsections 5C, 5H and Section I 1, herein, Grantor may not
transfer, encumber, sell, lease or otherwise separate from the Properly the "Dedicated
Water Rights" (as defined in Section l1) except that the Grantor may enter into a
water sharing agreement with Triple C Ranch Water Users Corp or other water users
groups that share water in order to increase the efficiency of irrigation for all water
users on the ditch.
5. Consistent Uses of the Property. The following uses and practices by Grantor, though
not an exhaustive recital, are consistent with this Easement. Certain of th"se consistent uses and
practices are identified as being subject to specified conditions, to the notice provision as described
in Section 7 herein, and/or to the requirement of and procedures for prior approval by the Trust as
described in Section 8 herein:
A, Granlor may engage in all activities related to agriculture that are not specifically
prohibited herein. Such uses include but are not limited to, plowing, planting
irrigation, development of stock ponds and tanks, fertilizing, and inimal f,uiUunary;
B. Grantor may repair or replace existing fences. New fences may be built for purposes
incidental and necessary to the management of livestock and wildlife in compiiance
with the current Colorado Division of Wildlife (hereinaller "DOW") specifications
for fencing in wildlife migration areas. Fencing constructed for the purpose of
excluding wildlife frorn haystacks, gardens, orchards, and the like must not block or
hinder normal wildlife movement or migration, and should not exceed eight (8) feet
in height;
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C. Leasing of lands with appurtenant Water Rights for agricultural purposes;
D. Such cutting and removal of dead, dying or diseased timber as may be reasonably
necessary for fire proteclion, disease prevention, safety or agricultural purposes;
E. Grantor and assigns may make use of the Properly for hunting;
F. The taking ofsuch reasonable steps as are necessary to control erosion and weeds on
the Property;
G. Changes in agricultural use, including row crops, horse farming, Christmas tree farm
or small nursery, that do not threaten or significantly impair the scenic, open space
or environmental Conservation Values of the Property. Grantor may later return the
Property to agricultural use with all attendant rights specified in this document;
H. If agricultural uses prove uneconomical, or Grantor no longer desires to use the
properly for agricultural purposes, the Property may revert to wildlife habitat. In that
event, Grantor agrees that any "Dedicated Water Rights" (as defined in Section l1
herein) that are no longer being used for agricultural purposes shall be subject to the
provisions of Section 1 I , below. However, Grantor may later reestablish agricultural
use ofthe property and regain all rights pertaining to agricultural use ofthe property
under this document.
l. If, and only if, the Property reverts to wildlife habitat pursuant to Section 5H herein,
domesticated pets must be leashed, kenneled or otherwise physically restrained
outside of the building envelope;
J. The right to restore damage to the Property that may be caused by fire, flood, storm,
earth movements, or acts beyond the Grantor's control;
K. The right, mutually with the Trust, to enforce against and prevent any prohibited
action set forth herein on the Properly against any individual or entity;
L. The right to erect appropriate signage and fencing, upon review and approval of the
Trust, indicating the presence of the Easement and the botu:daries thereof; and
M. Rights of access on, over and across the Properly in a manner consistent with the
maintenance and preservation of the Property and the Conservation Values set forth
herein.
6. Reserved Rights. Grantor reserves to itself and to its personal representatives, heirs,
successors, and assigns, all rights accruing from its ownership of the Property, including the right
to reside on the Property and to engage in, or permit or invite others to engage in, all uses of the
Property that are not prohibited herein and that are consistent with the purposes of this Easement,
including the following rights:
A. To erect and maintain one (l) single family residence and
residential dwelling shall not exceed 6,500 square feet in size.
7-16-04 Grant of Conservation Easernent.wpd
attached garage. 'fhe
Grantor shall have the
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right to collstruct additional improvements accessory to the single-family residential
use _of the properry, including an accessory dweliing unit, garage, shed, fences,gardcns, orchards, decks, lawns, roads and other disturbance-s. Grantor shall alsohave the right to construct such builclings as may be reasonably necessary foragricultural operations on the Property, including without limitation, barns, sireds,corrals and horse arenas. All such agricultr.ral improvements shall be confined to
not more than one (l) of the four (4) acre building envelopes shown on the Turgoose
Ranch Rural Land Development Exemption Plat. The single family re sidence shall
be located only within either of the one (1) acre building'.nv*lop.. shown on saidPlat or within the tbur (4) acre building envelope containing the agriculturalimprovements' The accessory dwelling unit,nay be located within the oie (l) acre
P,il{i"g envelope containing the single-family residence or within the four i+j u..,building envelope containing the agricultural improvernents. In the event the'single-family residence is constructed within the four 14) acre building envelope containllgthe agricultural improvements, the accessory dwelling unit Lust also be locatedwithin the same four (4) acre building envelope. If located within the four (4) acrebuilding envelope containing the agricultural improvements, the single'family
residence and attached garage shall not exceed 6,300 square feet in size and the
single family residence, attached garage and the accessory dwelling unit combined,
shall not exceed 7,500 square feet in size. In the event the single family residenceis constructed within one of the designated one (l) acre builiing envelopes, thebuilding footprint, inclusive of all structures within such envelop., ,hull noiexceed7,500 square feet. Nothing herein contained shall be deemed to authorize theconstruction of an accessory dwelling unit without the fuither approval of Garfieldcounfy in accordance with its normal land use regulations and procedures;
To construct and install utilities and utility easements over and across the property
as needed for the development and mainienance of the homesite and agricultural
buildings and to maintain the same together with utilities as located in exisiing utility
easements. Grantor has the right to clear vegetation on the Property as is reasonably
necessary to construct and maintain such utilities; provided, however that such action
is designed to minimize impacts to the Conservation Values of the property, and is
subject to remediation and restoration to restore the Properfy to its condition priorto such action as closely as possible. AII utilities, includiing electric and telepilonelines, shall be buried wherever and whenever possible;
To construct a driveway to service each buil<ling envelope utilized pursuant to theprovisions of Section 6,{ above, extending from in existing access easement shown
on the Turgoose Rural Land Development Exemption Plat t6 such builcling envelope;provided that, any such driveway shall not exceed twelve (12) feet in wiith lerc.pias necessary for cul-de-sacs, pullouts or other county Land use Requirements).
Grantor has the right to clear vegetation and alter rhe iurface of the pioperty as isreasonably necessary to construct and maintain any such driveway, providedhowever, that such alterations. are designed and located io u."o-rnodate a reasonablydirect and convenient route for the diiveway and so as to minimize impacts to theconservation values of the properry and thi lands traversed. Each.r.h drir.*uy
Grant of Conservation Easement.wpd Page 8 of22
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shall be built at surface grade whenever and wherever possible ancl may not bepaved. Notwithstanding the foregoing, if the most westerly one (1) acre tuilding
envelope is utilized for the single farnily residence, prior to construction of any
driveway to serve that envelope, Grantor shall obtain the Trust's approval of the
location and layout of the driveway proposed, as provided in Section 8 below.
Within the building envelopes containing pennitted improvements, Grantor reservcs
the right to construct such roadways and drives as may be necessary to convenieltly
access and utilize the permitted improvements;
D' Subject to Section 11, below, the right to use the Water Rights appurtenant to the
Property, including but not limited to groundwater, appropriated, and augmented
Water Rights, including witliout limitation, such new Watcr Rights as may be
developed as incidental and necessary to the maintenancc and piotection of the
agricultural character, scenic, envirorunental and other Conservation Values of the
Property, and 1o irrigate the Property. Grantor shall have the right to construct,
maintain, and improve imigation fixtures, headgates, ditches, wateiwells, and other
water systems on the Property consistent with the uses permitted hereundcr. Grantor,
or any other interest holder in the Riflc Creek Canon Ditch ancl lhe Triple C Water
Users Corp, may manipulate, enlarge, rclocate, or change diversion points and/or
ditch aligrunent or otherwise alter ditch(es) for irrigation purposes.
Existing roadway easements which encumber the Property and the locations of the building
envelope sites are:as yhgwn 9n the Turgooie RaiiCtr'Rural Land b.".r"p-.;iE;.,,i,i"" A;t. ll
the event that any such locations change from those describecl on the f**.pti.n rrui, ,u.r, changes
shall be subject to the prior written notice and approval provisions of Sectlons 7 and 8, below.
7. Notice of Intention to Undertake Certain Permittcd Actions. When specifically
required herein, Grantor, its successors and assigns, shall provide reasonable notice to the trust prior
to undertaking any new permitted activities within the Easement Property in order to afford the 'irust
an opportunity to ensure that the activities in question are designed and carried out in a manner
consistent with the purposes of this Easement. Whenever notice is rcquired, Grantor shall notifl, the
Trust in writing not less than sixty (60) days prior to the date Grantor intends to undertake the
activity in question, urless a different time period for the giving of notice is approved by the Trust
for_the activity in question. The notice shall describe tlie nature, scope, design, iocation, timetable,
and any other material aspect ofthe proposed activity in sufficient deiail to perrnit the Trust to make
an informedjudgment as to its consistency with the purposes of this Easemcnt zurd the Conservation
Values- However, Grantee's review of builcling planJshall be limited to the size and location ofproposed buildings.
8. Trust's Approval. Whenever a provision of this Grant requires that Grantor obtain the'lrust's approval ofany activity on or use ofthe Propcrfy, such approval shall not be unreasonablywithheld or delayed. Whcre the lrust's approval is-required, the 1'rust shall grant or withhold itsapproval in writirrg within thirry (30) days of receipt of Grantor's written request therefor. TheTrust's approval may be withheld only upon a reasonable determination by the Trust that the action
as proposed would be inconsistent with the Conservation Values or the purposes or tcrms of thisDeed and the rcason(s) for such a delermination shall be set forth with splcificity by the Trust in a
7 -16-04 Grant of Conservation Easement.wpd Page9 ol22
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\^'ritlen notice to Grantor, Where a reasonable modification of the proposed use or activity byGrantor would render the same consistent with the purposes of this b.unt ancl the Conservation
Values, the Trust shall specify, in such written notice to Grantor, such required modifications. In the
event such grant, denial, or conditional approval is not made by the Trusiwithin such a time period,
tl.re Trust shall be deemed to have approved the action giving rise to the notice,
9. 'frust's Remedics: Enforcement. The Trust shall have the right to prevent and correct
or require correction of violations of the terms and purposes of this Grant. The Trust may enter the
Property for the purpose of inspecting for violations in accordance with Subsection 38 above. If the'frust finds what it believes is a violatioll, or a tlueat of a violation, the Trust shall notifi Grantor inwriting of the nature of the alleged violation. Upon receipt of this written notice, Grantor shall
immediately discontinue any activity that could increase oi expand the alleged violation and shall
either: (l) restore the Property as best possible 1o its condition prior to the violation in accorclancewith a plan approved by the Trust; or (2) provide a written expianation to Trust of the reason why
the alleged violation should be permitted. If the Trust is not satisfied with Grantor,s written
explanation, both parties agree to meet as soon as possible to resolve this difference. If a resolution
of this difference cannot be achieved at the meeting, both parties agree to meet with a mufually
acceptable rnediator to attempt to resolve the disputi pursuint to Seclion 9.1 below.
Should Grantor not immediately discontinue any activity that could increase or expand the
alleged violation; or should mediation fail to resolve the dispuie within sixty (60) days oiTrust,swritten notice to Grantor of the alleged violation, or by such other date as tfre parties may mutually
agree, the parties may take appropriate legal action pursuant to the Sectioni below. The Trust's
remedies described in this Deed shall be cumulatiue ard shall be in addition to all rernedies now or
hereafter existing at law or in equity, including the right to recover any damages for loss of scenicor environmental values. The failure of Trust to discover a violation or to take imrnediate legalaclion shall not bar Trust from doing so within one year from the date upon which the violation
occurred pursuant to C.R.S. $ 38-41-119.
9.1 Me-diation. Ifadisputearisesbetweenthepartiesconcemingtheconsistencyof
any proposed use or activity with the purpose of this Grant, and Grantor agreesi-rot to proceed with
the use or activity pending resolution of the dispute, either party may refeithe clispute to mediation
by request made in writing upon the other. Within ten (10j days of the receipt of such request, theparties shall select a single trained and impartial mediator with experience in conservation easements
and other land preservation tools. If the parlies are unable to agree on the selection of a single
mediator, then the parties shall, within fifteen (15) days of receipt Jf th. iritiul request, jointly apflyto a proper court for the appointment of a trained ancl impartial mediator with experier"" inconservation easements and other land preservation tools. Mediation shall then proceed in
accordance with the following guidelines:
A' Purogse, The purpose ofthe mediation is to: (1) promote discussion betweenthe parties; (2) assist the parties to develop and exchange pertinent
information concerning the issues in dispute; and (3) assist the parties to
develop proposals which will cnable thern to amive at a mutually acceptable
resolution of the controversy. The mediation is not intended to iesult in ony
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express or de facto modification or amendment of the terms, conditions, or
restrictions of this Grant.
B. Participation, The mediator may meet with the parties and their counseljointly or ex parte. The parties agree that they will participate in the
mediation process in good faith and expeditiously, attending all sessions
scheduled by the mediator. Representatives of the parties with settlement
authority will attend mediation sessions as required by the mediator.
C' Confidentiality. All infbrmation presented to the rnediator shall be deemed
confidential and shall be disclosed by the mediator only with the consent of
the parties or their respective counsel. The mediator shall not be subject to
subpoena by any party in any subsequent litigation. No statements made or
documents prepared for mediation sessions shall be disclosed in any
subsequent proceedings or conslrued as an admission of a party.
D. Time Period. Neither party shall be obligated to continue the mediation
process beyond a period of sixty (60) days from the ciate of receipt of the
initial request or if the mediator concludes that there is no reasonable
likelihood that continuing mediation will result in a mutually agreeable
resolution of the dispute.
9.2 Injunctive Relief. The Trust may bring an action at law or in equity , ex psrte as
necessary, in a court of competent jurisdiction, to enforce the terms of this Grant and to .njoi, by
temporary or permanent injunction a violation, including to require or cause the restoration of the
Property to the condition that existed prior to the violation, under the following circumstances:
A. If the Grantor, after receipt of a notice of violation from the Trust, fails
immediately to discontinue any activity that could increase or expand an alleged
violation;or
B. If Grantor, after receipt of a notice of violation from the Trust, fails within ten
(10) days either to provide a written explanation to the Trust of the reason why
the alleged violation should be permitted, or to begin restoring the property as
best as possible to its condition prior to the violation; or
C. If Grantor, after commencing to restore the Properfy to its condition prior to a
violation, fails to continue diligently to cure the violation.
9.3 Damages' The Trust shall be entitlerl to recover damages for violation of the
terms of this Easement or injury to the Conservation Values, including, withiut limitation, damagesfor the loss of scenic, aesthetic, or envirorunental values. Without lirniting Grantor's liabiiitytherefor, the Trust, in its sole discretion, may apply any damages recovired to the cost of
undertaking any corrective action on the property.
9.4 Emersency Enforcement. If the Trust reasonably believes an ongoing or
threatened imminent activity substantially violates the terms of this Easement, the Trust *uy, i, it,
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sole discretion. take immediate legal action as set forth in this Section 9 without prior notice to
Grantor and rvithout rvaiting for the period provided for cure to expire.
9.5 Actual or Threate4ed Non-Comoliance. The Trust's rights under this Section
9 apply equally in the event of either actual or thieatened violations of the terms of this Easement.
Grantor agrees that the Trust's remedies at law for any violation of the terms of this Easement are
inadequatc and that the Trust shall be entitled to the injunctive relief described in Subsection 9,3,
both prohibitive and mandatory, in addition to such other relief to which the Trust may be entitled,
including specific performance of tlie terms of this Grant, without the necessity of proving either
actual damages or the inadequacy of othcrwise available legal remedies.
9.6 Cos.t-s of Enforcement. AII reasonable costs incured by the Trust in enforcing
the tenns of this Easement against Grantor including, without limitation, costs and expenses of
injunction or suit and reasonable attorney's fees, and any costs of restoration necessitated by
Grantor's violation of the terms ofthis Easement shall be borne by Grantor; provided, however, that
if Grantor ultirnately prevails in a judicial enforcement action each parfy shall bear its own costs.
9.7 The Trust's Discrption. Enforcement of the terms of this Easement shall be at
the sole discretion of the Trust, and any forbearance by the Trust to exercise its rights uncler this
Easement in the event of any breach of any tenn of this Easement by Grantor shallnot be deemed
or construed to be a waiver by the Trust of such tenn or any subsequent breach of the same or any
other temr of this Easement or of any of the Trust's rights under this Easement. No delay or
omission by the Trust in the exercise of any right or remedy upon any breach by Grantor shall impair
such right or remedy or be construed as a waiver.
9.8 Waiver of Certain Defenses. No action shall be commenced or maintained to
enforce the terms of any building restriction described in this Easement, or to compel the removal
of any building or improvement, unless said action is commenced within four (4) years from the date
of the violation for which the action is sought to be brought or maintained. To the extent that any
defense available to Grantor pursuantto C.R.S. Section 38-41-1 19 is inconsistentwith the foregoing,
such defense is waived by Grantor. Grantor waives the defenses of laches, estoppel and prescription
with regard to the enforcement of all other terms of this Easement.
9.9 Acts Beyond Grantor's Cor-rjrol. Nothing contained in this Easement shall be
construed to entitle the Trust to bring any action against Grantor for any injury to or change in the
Property resulting from causes beyond Grantor's control including, without limitation, fire, flood,
storm, and earth movement, or from any prudent action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes.
Grantor is not responsible for acts of third parties that are out of Grantor's control, except that
Grantor is responsible for guests and other third parties authorized by Grantor to access the Property.
10. Access. Nothing oontained herein shall be construed as affording the public access to
any portion of the Property, although the Grantor may permit public access to the Property on such
tenns and conditions as it deems appropriate, provided that such access is consistent with the terms
of this Deed.
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11. Watcr Rights. The Turgoose Ranch Owners Association, a Colorado corporation llot
lbr profit, owns nine hundred sixty-fwo (962) shares in Triple C I{anch Water lJsers, a mutual ditch
company. Each share of the stock represents 0.001 cfs out ofRifle Creek via the Rifle Creek Canon
Ditch, Priority No, 80, adjudicated May I 1, 1889 in Garfield County Court Case No. 103, of which
0.773 cfs is allocated to the Property. The Association's interest in that portion of the water rights
allocated to the Property are to be held by the Association subiect to the provisions of this
Conservation Easement and are junior and subordinate to the terms of the Conservation Easement.
Under the terms of tliis Conservation Easement and also under the terms of the Declaration, the
Association is not permitted to transl'er, encumber, scll, lease or otherwise separate from the
Property that share of said water right allocable to the Property or change the historic use of the
water right without the prior written consent of the Owner(s) of Lot 6 and the Trust. Any such
consent of the Trust may be given only upon a determination by the Trust that such transfer or other
change is not inconsistent with the preservation and protection of the Conservation Values as set
forth in this Easernent or as otherwise justified by technological improvernents in irrigation
efficicncy or changes in the vegetative water requirement, Grantor and the Trust agree that
Grantor's allocable share of said water rights out of Rifle Creek (0.773 cfs) held by the Association,
together with any and all rights associated with the historical and beneficial use of any of the
embankments, springs, headgates, measuring devices or other structures, easements an<l rights-of-
way that are appurtenant to Grantor's allocable share of said water rights (the "Dedicated Water
Rights") nrust be rnaintained on the Property to ensure the minimuz level of preservation and
protection of the agricultural, scenic, and environmental Conservation Values, including wildlife,
wetland and riparian habitat, defined more or less as the amount of water traditionally used to
maintain the Property's Conservation Values.
Should Grantor succeed to the Association in outright ownership of the Dedicated Water
Rights, Grantor shall not transfer, encumber, sell, lease or otherwise separate from the Property, or
change the historic use of the Dedicated Water Rights, without the prior written consent of and
determination by the Trust that such transfer or other change is not inconsistent with the preservation
and protection of the Conservation Values, or is justified by technological improvements in
irrigation efficiency, or changes in vegetative water requirements. Grantor agrees thaiany separation
of Dedicated Water Rights from the Property allowed by the Trust pursuant to this Section may not
later be alleged to be grounds for extinguishnent of the Conservation Easement pursuant to Section
13, below. Non-Dedicated Water Rights appurtenant to the Property are not subject to this
Easement, and may be sold or otherwise separated from the Property by Grantor; provided, however,
that Grantor obtains a water analysis to quantify and specifically describe the Dedicated Water
Rights before separating any Non-Dedicated Water Rights from the Property. The Trust shall not
be entitled to any portion of the proceeds from such sale of Non-Dedicated Water Rights. Grantor
also agrees not to initiate actions which would form the basis to adjudicate additional water storage
rights other than for small stock ponds, without the prior written approval of the Trust, which
approval the Trust may withhold in its sole discretion.
Grantor shall retain, reserve and preserve the Dedicated Water Rights. If Grantor fails to
maintain the historic use of the Dedicated Water Rights upon the Property, or those rights necessary
to preserve and protect the Conservation Values of the Properly, Trust shall have the right, but not
the obligation to enter upon the Property and undertake any and all actions reasonably necessary to
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continue the historic use of the Dedicated Water Rights in order to prcscrve and protect the
Conservation Values of the Property,
Grantor shall not abandon or allow the abandonment of, by action or inaction, any of the
Dedicated Water Rights. If the Dedicated Water Rights are under threat of abandonment, or if the
Trust approves the separation of Dedicated Water Rights from the Property pursuallt to this Section,
Grantor agrees that ownership of said Dedicated Water fughts shall pass to the Trust, and the Trust
shall have the right to use such Dedicated Water Rights for beneficial conservation purposes on the
Property or elsewhere in Garfield Courrty, and to sell or otherwise convey all or part of such rights
to the Colorado Water Conservation Board (hereinafter "CWCB"), or other entity qualified at the
time of transfer to hold instream flow water rights for the specific purpose of adding instream flow
to the Rifle Creek. In the event of a drought year, when sufficient water is not available to irrigate
the entire agricultural portion of the Property, Grantor may elect to irrigate only a portion of the
Properfy, and may sign a "dry year lease" or sirnilar contract with the CWCB, or other entity as is
qualified at the time to hold such lease or contract, allowing Water Rights to be temporarily used
for instream flow in Rifle Creek; provided, however, such lease, contract or change in irrigation
practice does not threaten injury or abandonment to any portion of the Dedicated Water Rights.
12. Costs, Liabilities, Taxcs and Environmental Compliance.
12.1 Costs. Legal Requirernents and Liabilities. Grantor retains all responsibilities
and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and
maintenance of the Property, including the maintenernce of adequate liability insurance coverage,
which names the Trust as an additional insured. Grantor remains solely responsible for obtaining
any applicable govemmental permits and approvals for any construction or other activities or use
permitted by this Easement, and all such construction or other activity or use shall be undertaken
in accordance with all applicable federal, state, and local laws, regulations and requirements.
Grantor shall keep the Property free of any mechanic's liens arising out of any work or labor
perfonned, materials, tools, equipment or services furnished for the Property.
12.2 Taxes. Grantor shall pay before dclinquency all taxes, assessments, fees and
charges of whatever description levied on or assessed against the Property by competent authority
(collectively "Taxes"), including any Taxes imposed upon, or incurred as a result of, this Easement,
and shall furnish the Trust with satisfactory evidence of payment upon request. The Trust is
authorized, but in no event obligated, to make or advance any payment of Taxes, upon ten (10) days
prior written notice to Grantor, in accordance with any bill, staternent, or estimate procured from
the appropriate authority, without inquiry into the validity of the Taxes or the accuracy of the bill,
statement, or estimate, and the obligation created by such payment shall bear interest until paid by
Grantor to the Trust at tl-re lesser of fifteen percent (15%) per annum, or the maximum rate allowetl
by law.
12.3 Noxious-.Weeds, Grantor, its successors and assigns, shall comply with the
Colorado Noxious Weed Act (hereinafter "Act"), C.R.S. 35-5.5-101, as the same now exists or may
be amended from time to time, in connection with the Properly. Should Grantor, pursuant to the Act,
be required to eradicate any "Noxious Weeds" (as that term is described in the Act), Grantor shall
work to create a control method of integrate d management of such eradication which re sults in the
least possible impact (environmental, biological, or otherwise) to the non-noxious biology and
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Conservation Values of the Property, whether such management requires cultural control,
meohanical control, chemical control, or any combination thcreof. Any and all costs incurred as a
result of any required eradication process initiated pursuant to the Act shall be the sole obligation
of Grantor.
12.4 Reoresentations and Warranties. Grantor represents and warrants that, after
reasonable investigation and to the best of its knowledge:
A' No substance defined, listed, or otherwise classified pursuant to any federal,
state, or local law, regulation, or requirement as hazardous, toxic, poiluting,
or otherwise contaminating to the air, water, or soil, or in any way harmful
or threatening to human health or thE environment exists or has been
released, generated, treated, stored, used, disposed of, deposiled, abandoned,
or transported in, on, from, or across the Property, except for fuels, Iubricants
and other substances [e.g. anti-freeze, paint, veterinary mecricines]
customarily used or transported in connection with camping, wrangling,
agricultural and construction activities on the property;
B. There are not now any underground storage tanks located on the Property,
whether presently in service or closed, abandoned, or decommissioned, and
no underground storage tanks have been removed from the property in a
manner not in compliance with applicable federal, state, and local laws,
regulations, and requirements;
C' Grantor and the Properfy are in cornpliance with all federal, state, and local
laws, regulations, and requirements applicable to the property and its use;
D' But for potential eminent domain proceedings for the establishment of a
public roadway across the Properfy, there is no pending or threatened
litigation in any way affecting, involving, or relating to the property;
E. No civil or criminal proceedings or investigations have been instigateci at any
time or are now pending, and no notices, claims, demands, or orders have
been received, arising out of any violation or alleged violation of, or failure
to comply with, any federal, state, or local law, regulation, or requirement
applicable to the Properly or its use, nor do there exist any facts or
circumstances that Grantor rnight reasonably expect to form the basis for any
such proceedings, investigations, notices, claims, demands, or orders; and
F. Grantor warrants that Grantor has good and sufficient title to the Property,
that Grantor has good right, full power and lawful authority to grant and
convey this Easement, that ally mortgages or liens on the property are and
shall remain subordinate to the terms of this Easement, and Giantor hereby
promises to warrant and forever defend the title to the Easement against ail
and every person or persons lawfully claiming by, through or under Grantor,the whole or any part thereof, except for rights-of-way, easernents,
restrictions, covenants and mineral reservations of record, which are
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acceptable to the Trust at the time of execution of the Easement
12.5 Remediation, If,atanytime,thereoccurs,orhasoccurred,areleasein,on,or
about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant
to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or
otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to hurnan
health or the environment, Grantor agrees to take all steps necessary to assure its containment and
remediation, inoluding any cleanup that may be required by state and/or federal laws, unless the
release was caused by the Trust, in which case the Trust shall be responsible therefor.
12.6 Control. Nothing in this Grant shall be construed as giving rise, in the absence
of a judicial decree, to any right or ability in The Trust to exercise physical or managerial control
over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or
otherwise to become an operator with respect to the Property within the meaning of CERCLA, and
any Colorado state law counterpart.
12.7 Hold Harmless. Grantor shall hold harmless, indemniff and defend the Trust
and its members, directors, officers, employees, agents, personal representatives, successors, and
assigns of each of them (collectively "Indemnified Parties") frorn and against all liabilities,
penalties, costs, losses, damages, expenses, cause of action, claims, demands, or judgments,
including, without limitation, reasonable attorneys' fees, arising from or in any way connected with:
(1) injury to or the death of any person, or physical damage to any property, resulting from any act,
omission, condition, or other matter related to or occurring on or about the Property, regardless of
cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the violation or
alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or
requirement, including, without limitation, CERCLA, by any person other than any of the
Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or
release of hazardous or toxic substances in, on, from, under or about the Property at any time, of any
substance now or hereafter defined, Iisted, or otherwise classified pursuant to any federal, state, or
local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to
the air, water, or soil, or in any way harmful or threatening to human heallh or the environment,
unless caused solely by any of the Indemnified Parties; and (4) the obligations, covenants,
representations, and warranties of Sections 12.1 through 12.7.
13. Extinguishment and Condemnation.
13.1 Extinsuishment. in granting this Easement, Grantor has considered the
possibility that uses prohibited by the terms of this Easement may become more economically
valuable than permitted uses and that neighboring properties may be used entirely for such
prohibited uses in the future. It is the intent of Grantor and the Trust that any such changes shall not
be deemed circumstances justifuing the termination or extinguishment of this Easement, ln addition,
the inability of Grantor, or Grantor's heirs, successors or assigns, to conduct or implernent any or
all of the uses permitted under this Easement, or the unprofitability of doing so, shall not impair the
validity of this Easement or be considered grounds for its termination or extinguishment.
7-16-04 Graut of Conscrvation Easement.wpd Page 16 of 22
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If circumstances arise in the future that render the purposes of this Easernent
in-rpossible to accomplish, this Easement can only be terminated or extinguished, whether in whole
or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly
notify the other when it first learns of such circumstances. The Trust shall be entitled to ten percent
(10%) of the proceeds, after the satisfaction of prior claims, frorn the first sale, exchange, or
involuntary conversion of all or any portion of the Property subsequent to such termination or
extinguishment.
13.2 Condemnation. If all or any part of the Property is taken by exercise of the
power of eminent domain or acquired by purchase in lieu of condemnation, whether by public,
corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor shall have
the sole and exclusive right to settle or prosecute all claims to recover value for the interests in the
Property subject to the taking or in lieu purchase and all direct or incidental damages resulting
therefrorn. All expenses reasonably incurred by Grantor in connection with the taking or in lieu
purchase shall be paid out of the amount recovered, and the'lrust shall receive ten percent (10%)
of the balance of any such recovery.
13.3 Application of Proceeds. The Trust shall use any proceeds received rurder the
circumstances described in this Section l3 in a manner consistent with its conservation purposes,
which are exemplified by this grant.
14. Assignment. This Easement is transferable by the Trust, but the Trust may assign its
rights and obligations under this Easement only with Grantor's consent, which consent shall not be
unreasonably withheld, to an organization that is (a) a qualified organization at the time of transfer
under Section 1 70(h) of the Internal Revenue Code of 1986, as amended (or any successor provision
then applicable), and the applicable regulations promulgated thereunder; (b) authorized to acquire
and hold conservation easements under Colorado law; and (c) charged with a mission similar to the
Trust's mission. As a condition of such transfer, the Trust shall require the transferee to expressly
agree, in writing, to carry out and uphold the purposes of this Easement and the Conservation Values
and otherwise assume all of the obligations and liabilities of the Trust set forth herein or created
hereby. After such transfer, the Trust shall have no further obligation or liability under this
Easement. The Trust agrees to give written notice of and seek consent from Grantor for an
assignment at least sixty (60) days prior to the date of such assignment.
15. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easemcnt, by
reference or otherwise, in any deed or other legal instrument by which it clivests itself of any interest
in the Properry, including, without limitation, a leasehold interest. Grantor further agrees to give
written notice to the Trust of the transfer of any such interest at least thirty (30) days prior to the date
of such transfer. The failure of Grantor to perform any act required by this Section shall not impair
the validity of this Easement or limit its enforceability in any way.
16. Estoppel Ccrtificates. Upon request by Grantor, The Trust shall within thirty (30) days
execute and deliver to Grantor, or to any party designated by Grantor, any document, including an
estoppel certificate, which certifies, to the best of the Trust's knowledge, Grantor's compliance with
any obligation of Grantor contained in this Easement or otherwise evidences the status of this
7-16-04 Grant of Conservation Easement.wpd Page l7 of22
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Easement. Such certification shall be limited to the condition of the Property as of the'frust's most
recent irrspection. If Grantor requests more curent documentation, the Trust shall conduct an
inspection, at Grantor's expense, within sixty (60) days of receipt of Grantor's written request
therefor, However, in the event that weather, or other circumstances outside of thr: Trust's control,
prevent the Trust from conducting an inspection within sixty (60) days of receipt of Grantor's
written request, the Trust shalI conduct such inspection within a timely manner once such weather
or circumstances which prevent the inspection no longer exist.
17. Notices. Any notice, demand, request, consent, approval, or communication that either
party desires or is required to give to the other shall be in writing and either served personally or sent
by first class mail, postage prepaid, to the address of the party to bc served shown above or to such
other address as either party from time to tirne shall designate by written nr:tice to the other.
18. Recordation. The Trust shall record this instrument in timely fashion in the official
records of Garfield County, Colorado, and may re-record it at any time as may be required to
preserve its rights in this Easement.
19. Amendment. If circumstances arise under which an amendment to or modifrcation of
this Easernent would be appropriate to promote the purposes of this Easement and the protection of
the Conservation Values of the Property, Grantor and the Trust may jointly amend this Easement
(in accordance with the Policies of the Trust.) However, the Trust is under no obligation to amend
this Easement, and may decline to amend this Easernent in its sole and exclusive judgment. No
amendment shall be allowed that will affect the qualifications of this Easement under any applicable
law. Any amendment must be consistent with the purposes of this Easement and the Conservation
Values and may not affect the Easement's perpetual duration. Any amendrnent must be in writing,
signed by both parties, and recorded in the records of the Clerk and Recorder of Garfield County,
Colorado. However, neither the Trust nor the Grantor is under any obligation to amend this
easement.
20. Subordination. If at the time of conveyance of this Easement, the Property is subject
to a Deed of Trust, the trustee shall have agreed by separate instrument to subordinate its rights in
the Property to the extent necessary to perrnit the Trust to enforce the purposes of this Easement in
perpetuity and to prevent any modification or extinguishment of this Easement by the exercise of
any rights of the trustee deed.
21. General Provisions.
A. Exhibit A. Exhibit A, the Property Legal Description, is attachcd to and
incorporated by reference into this Deed of Conservation Easement.
B. Definitions, The terms "Grantor" and the "Trust," wherever used herein, and
any pronouns used in place of those terms, shall be deemed to include,
respectively, Grantor and its heirs, personal representatives, executors,
administrators, successors and assigns, and the Trust, its successors and
assigns.
7-16-04 Grant of Conservation Easerrrent.wpd Page I 8 of22
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C.
D.
E.
F.
J.
K.
G,
H.
Controlling Law. The interpretation and performance of this Grant shall be
governed by the laws of the State of Colorado.
Liberal Cqnstruction. Any general rule of construclion to the contrary
notwithstanding, this Easement shall be liberally oonstrued in favor of the
grant to effect the purposes of this Easement and the policy and purpose of
C.R.S. 38-30.5-l0l et seq. If any provision in this instrument is found to be
ambiguous, an interpretation consistent with the purposes of this Easement
that would render the provision valid shall be favored over any interpretation
that would render it invalid. The common law rules of disfavoring
restrictions on the use of real property and construing restrictions in favor of
the free and unrestricted use ofreal property shall not apply to interpretations
of this Easement or to disputes between the Parties conceming the meaning
of particular provisions of this Easement.
Severability. If any provision of this Easernent, or the application thereof to
any person or circumstance, is found to be invalid, the remainder of the
provisions of this Easement, or the application of such provision to persons
or circumstances other than those as to which it is found to be invalid, as the
case rnay be, shall be deemed severable and remain in full force and effect.
Entire Asreement. This instrument sets forth the entire agreernent between
the Parties with respect to this Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to this Easement, all of
which are merged herein.
No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title in any respect.
Joint Obligation. The obligations imposed by this Easement upon Grantor
shall be joint and several (in the event that there is more than one Grantor).
Successors. The covenants, terms, conditions, and restrictions of this
Easement shallbe binding upon, and inure to the benefit of, the Parties hereto
and their respective personal representatives, heirs, successors, and assigns
and shall continue as a servitude running in perpetuity with the Property.
Termination of Rights and Obligations. A party's rights and obligations
under this Easement terminate upon transfer of the parry's interest in this
Easement or the Property, except that liabilify for acts or omissions occurring
prior to transfer shall survive transfer.
Captions, The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have
no effect upon construction or interpretation.
7-16-04 Grant of Conservation Easement.wpd Ilage 19 of22
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Counterparts. The Parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each
counterpart shall be deemed an original instrument as against any party who
has signed it. In the event of any disparity between the counterparts
produced, the recorded counterpart shall be controlling.
Merger. Unless the parties expressly state that they intend a merger of
estates or interests to occur, then no merger shall be deemed to have occurred
hereunder or under any document executed in the future affecting this Grant.
Amendrnent and Revocation of Plat or Declaration. No amendment,
revocation or modification of the Turgoose Ranch Rural Land Development
Exemption Plat or the Declaration, as now recorded and in place, shall be
binding upon the Trust or otherwise serve to alter any of the provisions of
this Conservation Easement, without the prior written agreernent ofthe Trust.
7-16-04 Grant of Conservation Easement.wpd Page20 of22
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IN WITNESS WHEREOF, Grantor and the Trust have executed this Grant of Conservation
Easement as of the date first written above.
GRANTOR:
RANCI{ SAVERS LLC,
a Colorado limited liability company
Managed by Rural Land Management Corp
By:/ ,
Michael A. Bennett, President
STATE OF COLORADO )
) ss.
COLINTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 'tL uu, ot JdJ*h+ ,
2004,by Michael A. Berurett, as President of Rural Land Management Corp, a Colorad.o
corporation, in its capacity as Manager ofRanch Savers LLC,aColorado limited liability company,
as Grantor.
Witness my hand and official seal.
My cornrnission expires wmi**
d bu*,
Notary Public
rS/,..(
'YR':'oW
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ACCEPTED:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation,
STATE OF COLORADO )
) ss.
COLINTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 1L auyol &*:t ,nU., 2\04,by
Shannon Meyer, as Associate Director of Aspen Valley Land Trust, a Colorado nonprofit
corporation.
Witness my hand and official seal.
My commission expires, S -\J - 01
S\'l*-\U,A.,
Notary Public
Shannon Meyer, Associate Director
7-16-04 Grant of Conscrvation Easement.wpd Page22 of22
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Exhibi-t A
A PARCEL OF LAND SITUATE IN THE SE1/4SE1/4 SECTION 3 AND IN THE
S1/2SW1/4 SECTION 2, TOWNSHIP 6 SOL]'IH, RANGE 93 V,IEST OF THE 6TH
PRINCIPAL MERIDIAN, COLINTY OF GARFIELD, STATE OF COLORADO. SAID
PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CORNER COMMON TO SECTiONS 2,3,70 AND 11, OF
SAID TOWNSHIP AND RANGE, AN ALUMINLM PIPE WITH A 3'' ALUMINUM
CAP PROPERLY MARKED AND IN PLACE, THENCE S89O38'OO"W ALONG TFIE
SOUTH LINE OF SAID SECTION 3 AND DISTANCE OF 427.64 FEET TO THE
SOUTHEAST CORNER OF LOT 5, A REBAR AND CAP LS NO. 36572 SET IN
PLACE; THENCE DEPARTING SAID SOUTH LINEN0lo17'12"W 276.24 FEET;
THENCE N00o50'39"W 749.69 FEET; THENCE N09'07'58"W 100.48 FEET;
THENCE S89"58'57"F, Tq36.82FEET TO A NORTHERLY ANGLE POINT OF SAID
LOT 6, A REBAR AND CAP LS NO. 36572 SET IN PLACE; THENCE N00o27'54"W
213.71FEET TO A NORTHERLY ANGLE POINT OF LOT 6, A REBAR AND CAP
LS NO. 36572 SET IN PLACE;THENCE N89"26'l l"E I154.75 FEET TO THE
SOUTH CENTER 1/16 CORNER OF SAID SECTION 2, AN ALUMINUM CAP LS
NO. 10871 IN PLACE;THENCE S00"27'54"E ALONG THE NORTH SOUTH
CENTERLINE OF SECTION 2 A DiSTANCE OF 1320.43 FEET TO THE SOUTH %
CORNER OF SAID SECTION 2, AN ALUMINUM CAP IN PLACE, THENCE
DEPARTING SAID NORTH SOUTH CENTERLINE S89'25'43'TV ALONG THE
SOUTH LINE OF SAID SECTION 2, A DISTANCE OF 1319.90 FEETTO THE
WEST 1/i6 CORNER BETWEEN SECTIONS 2 AND I i, AN ALUMTNUM CAP LS
NO. 36572 SET iN PLACE; THENCE CONTINUING ALONC SAID SOUTH LINE
S89"25'43''W 13I9.90 FEET TO THE POTNT OF BEGINNING. SAID PARCEL OF
LAND CONTATNING 84.193 ACRES, MORE OR LESS.
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Exhibit B
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DECLARATION
OF
covBNANTS. CONDITIONS ANp RBSIRTCTIONS
(Turgoose Ranch)
KNOW ALL MEN IIY TI{ESE PRESENTS that the undersigned hereby declares and
adopts the following Declaration of Covenants, Conditions and Restrictions (the "Declaration"),
which shall run with the properly hereinafter described and shall be binding upon all parties
acquiring any interest therein or thereto.
RECITALS
A. The property submitted to this Declaration consists oflots 1,2,3,4, 5 and 6 shown
on the Turgoose Ranch Rural Land Development Exemption Plat, which lots are more particularly
described on Exhibit A, a copy of which is attached hereto and incorporated herein by this
reference (the "Development").
B. Said lots are submitted to this Declaration in order to preserve, protect, promote,
enhance and maintain the properly values and the desirability and attractiveness of the lots.
C. 'lhe Development submitted to this Declaration contains less than twenty (20) units
and is not subjectto any developmentrights. Therefore, pursuantto C.R.S. $ 38-33.3-116, the
Development is subject only to $$ 38-33.3-105,38-33.3-106 and 38-33.3-107 of the Colorado
Common Interest Ownership Act.
ARTICLE I
DEFINITIONS
The following terms shall have the following meanings when used herein turless the
context otherwise requires:
1.1 Lot. "Lot" lneans any of the Lots designated as Lots 1,2,3,4,5 or 6 on the
Turgoose Ranch Rural Land Development Exemption Plat recorded in the Garfield County,
Colorado records, which Lots are more fully described in Exhibit A attached.
1.2 Properfy. "Proper[/" means and relbrs to Lots 1,2, 3, 4, 5 and 6, collectively.
1.3 PIA!. "Plat" means the Turgoose Ranch Rural Land Development Exemption Plat
recorded as Reception No. b6O t8O of the Garfield County, Colorado records.
1,4 Association. "Association" means and refers to TT-IRGOOSE RANCH OWNERS
ASSOCIATION, a Colorado corporation not for profit.
1.5 Owner. "Owner" means and refers to any person or entity including the Declarant,
at any time owning an interest in a Lot.
\<€5il/ao\ TO ' GOLUBA & coLUM p C.
ATTOFINEYS AT LAW
P O. BOX 931
G{.ENWOOD SPIGS., CO 8lEII,.;
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ARTICLE II
ASSOCIATION
2.1 Name. The name of the Association is TURGOOSE RANCH OWNERS
ASSOCIAI]ON.
2.2. Membershio. Every Owner shall be entitled and required to be a member of the
Association. An Owner shall be entitled to one membership for each Lot owned. Each such
membership shall be appurtenant to and inseparable from the Lot upon which it is based and shall
be transferred automatically by the transfer, in whatsoever form, of that Lot. Ownership of a Lot
shall be the sole qualification for membership. No person or entity other than an Owner may be
a member of the Association.
2.3. Voting. Each Lot shall be entitled to one vote. Owners of more than one Lot shall
have the right to cast the aggregate ntunber of votes that the Lots which they own represent, If any
Lot is owned by multiple parties, all such parties shall be members; provided however, that the
vote to which such Lot is entitled shall be exercised as the several Owners among themselves shall
determine and that in no event shall more than one vote be cast with respect to any one Lot.
Cumulative voting shall not be permitted.
2.4. Assessments. The Association shall have the right to levy and make assessments
in accordance rvith its Bylaws, for the following purposes:
(a)
(b)
(c)
(e)
(0
(d)
To promote the health, safety and welfare of the Owners and residents of
the Properly;
To pay expenses incurred by the Association in connection with the
installation, maintenance, repair, replacement and operation ofthe common
domestic water and raw water irrigation systems;
To pay expenses incurred by the Association in connection with the upkeep,
maintenance (including snow removal), repair and improvement of the
Common Access Road, as defined in Article VI herein;
To pay expenses incurred by the Association in connection with
maintaining insurance required in the Bylaws of the Association and such
other kinds, lypes and amounts of insurance deemed necessary or
appropriate by the Association;
To create a reasonable contingency, reserve, surplus ancVor sinking t-und;
To pay any other experNes and liabilities which may be incurued by the
Association for the benefit of the Owners, under or by reason of this
Declaration, its Articles of Incorporation or Bylaws.
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2.5. Pavment of Assessments. Each Owner shall pay the Association, in accordance
with its Bylaws, such assessments as may be periodically made by the Association.
2.6. Periodic Assessments. After any assessment has been made by the Association,
assessments shall thereafter be made no less frequently than annually and shall be based on a
budget adopted by the Association no less frequently than annually.
2.7. Special Asse_ssments. In the event costs associated with the maintenance or repair
of the domestic water system, raw water irrigation facilities or the common access road are
incurred by the Association as a result of excessive wcar or abuse, or the negligent or intentional
act of one or several Owners, the Association may levy a Special Assessment against such Owner
or Owners to cover the costs associated with such maintenance and repairs.
2.8. Added Charff:s. The Association may impose charges for late payment of
assessments, recover reasonable attorney's fees and other costs of collection and levy fines for
violation of t'his Declaration or the Bylaws of the Association. All such charges shall be
enforoeable as assessments. Any past-due assessment shall bear interest at the rate of eight percent
(8%) per annum or at such greater rate as may be established by the Association.
2.9. Collection of Assessments. The Association shall have the right to bring an action
at law against the Owner personally obligated to pay any delinquent assessment or charges.
2.10. Assessment Liens, All sums assessed to any Lot by the Association shall be
secured by a lien on such Lot in favor of the Association. Such lien shall be subordinate to any
valid tax and special assessment lien on the Lot in favor of any governmental assessing authority,
but shall be superior to all other liens and encumbrances on such Lot. The Association may record
in the office of the Clerk and Recorder of Garfield Coun[2, Colorado, a Statement of Lien setting
forth the name of the owner, the legal description of the Lot, the name of the Association and the
amount of the delinquent assessment, which Statement shall be signed and acknowledged by an
executive officer of the Association, and served upon the Owner of the Lot by ordinary mail,
mailed to the address of the Lot, or to such other address the Association may have in its records
for the Owner of the Lot. On the expiration of not less than ten (10) days after the mailing of such
notice, the Association may proceed to foreclose the Statement of Lien in the same manner as
provided for the foreclosure of mortgages on real property. The Association shall be entitled to
recover in any action (whether a foreclosure action or a personal action) the full amount of all
delinquent assessments, together with interest, Iate charges, costs and expenses of suit, including
without limitation, its reasonable attorney's fees incurred.
ARTICLE IIT
WATER SYSTEMS
3.1 Tursoose Well No. L Domestic water shall be provided to Lots 1,2 and 3 from
Turgoose WellNo. 1, the location of which is depicted on the Plat. Lots 1,2 and 3 shall each be
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entitled to one-third (1/3) of the permitted water available from Turgoose Well No. I for ordinary
household purposes inside one single-family dwelling, the irrigation of not more than one-third
(113) acre (14,520 square feet) of home gardens and lawn, the watering of domestic anirnals and
lire protection.
3.2 Turgoose WellNo. 2. Domestic water shall be provided to Lots 4, 5 and 6 from
Turgoose Well No. 2, the location of which is depicted on the Plat. Lots 4, 5 and 6 shall each be
entitled to one-third (l/3) of the permitted water available from Turgoose Well No. 2 for ordinary
household pulposes inside one single-family dwelling, the irrigation of not more than one-third
(1/3) acre (14,520 square feet) of home gardens and lawn, the watering of domestic animals and
fire protection.
3.3 Disclaimer of Well Rights. In the event an Owner of a Lot wishes to utilize another
source for domestic water, such Owner may relinquish and terminate all rights and interests in the
Association's domestic water system, including the well serving such Owner's Lot. Upon the
Association's receipt of writren notification of an Owncr's intent to relinquish and terminate such
Owner's rights in the Association's domestic water system, the Owner shall no longer be assessed
by the Association in connection therewith and such Owner's rights and interest in and to the well
serving such Lot shall be divided equally among the remaining Lots served thereby.
Notwithstanding the foregoing, no such termination notice shall be effective until and unless such
Owner's Lot is disconnected from the Association's domestic water system.
3.4 Well Operating Costs. The Association shall be responsible for all operating costs
incurred by the Association in connection with the wells. In the absence of water meters, any and
all operating costs associated with a well, including but not limited to, electrical service charges
incurred by the Association, shall be assessed equally among the Lots which have connected to
or otherwise using water from that well. In the event the Association installs water meters for a
well to measure water consumption by each Lot connected thereto, the operating costs shall be
assessed among the Lots connected to such well in proportion to the metered usage.
3.5 No Obligation Prior to Connection or Use. No Lot shall incur any obligation or
be responsible for any costs with respect to a well or water facilities associated therewith for
improvements, ntaintenance, repairs or operating expenses, except during periods when such Lot
is physically connected to a well by a water line or is otherwise using water from the Well.
3.6 lVater Tanks Required. Each Lot shall be required to have an underground water
storage tank, having a capacity of not less than 1,000 gallons for storage of domestic water. The
Owner of each Lot shall be responsible for the installation and maintenance of the storage tank
serving such Owner's Lot and shall be responsible for the payment of all costs associated
therewith. No Owner shall be allowed to connect to the domestic water system unless and until
a water storage tank is installed as required hereunder.
3.7 Raw Water Irrigation System. 'I'he Association owns Nine Hundred Sixty-Two
(962) shares in Triple C Ranch Water LJsers, a mutual ditch company, together with the ditch
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rights and delivery pipelines associated with the water attributable to such shares. Each share of
stock represents 0.001 ofs out of Rifle Creek, via the Rifle Creek Canon Ditch, Priority No. 80,
adjudicated May ll, 1889 in Garfield County Court Case No. 103. The 0.962 cfs of water
attributable to said shares is apportioned among the Lots as follows:
Lotl-0,033cfs
Lot2 - 0.040 cfs
Lot3-0.038cfs
Lot4-0.032cfs
Lot5-0.046cfs
Lot6-0,173cfs
Lots l, 2,3, 4 and 5 shall each be assessed ten percent (10%) of all costs incurred by the
Association in connection with the operation of the raw water inigation system and all costs
incidental to the Association's ownership of shares in Triple C Ranch Water lJsers, including but
not limited to, any and all assessments, fees or charges levied by Triple C Ranch Water Users.
The remaining fifty percent (50%) of all such costs shall be assessed to Lot 6.
The Association shall maintain and preserve the water rights represented by the shares in
the mutual ditch company, Triple C Ranch Water Users, for the benefit of the Lots in the
proportions set forth above. The Association shall not convey, surrender or otherwise dispose of
the shares or the water rights except to the respective Lot Owners, or otherwise for the benefit of
the Lots in the proportions set forth above; and provided further that, with respect to the water
rights apportioned to Lot 6, no disposition or modification of the proportionate share allocable to
Lot 6 shall be permitted without the approval of the Owner(s) of Lot 6 and the Aspen Valley Land
Trust or its successor(s) in interest under the Conservation Easement described in Article VII
below.
3.8 Maintenance and Repair Costs. The Association shall be responsible for the
upkeep, maintenance, repair and improvement of any shared domestic water or raw water
inigation facilities used in common by two (2) or more Lots. Any and all costs incurred by the
Association in connection therewith, shall be assessed equally among the Lots sharing the use of
such facilities. The upkeep, maintenance, repair and improvement of any water facilities serving
only one Lot, and any costs associated therewith, shall be the exclusive obligation of the Owner
of the particular Lot served thereby.
3.9 Suspension of Use. In the event an Owner fails to pay the Association any sums
assessed against such Owner's Lot pursuant to this Article III, such Owner shall not be entitled
to use the water system for which such assessment was levied, until payment, in full, of the
delinquent assessment and all additional charges imposed in accordance with the provisions of this
Declaration. Any such suspension of use shall be in addition to any and all remedies available to
the Association in law, in equity or pursuant to this Declaration.
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3.10 Easements. Easements necessary for the construction, maintenance, repair,
replacement and operation of facilities necessary to deliver water from the domestic and raw water
irrigation systems to the Lots have been granted to the Association by document recorded as
Iteception No. G(-O I yR of the Garfield County, Colorado records.
ARTICLE IV
COMMON ACCESS ROAD
4.I Maintenance and Repair Costs. The upkeep, maintenance (including snow removal)
repair and improvement of that porlion of the access road depicted on the Plat beginning at its
intersection with County Road 293 and ending at the western boundary of Lot 6 (the "Common
Access Road") shall be the obligation and responsibility of the Association and any and all costs
associated therewith, shall be assessed equally am.ong the Owners of the Lots. The Common
Access Road shall be maintained to a minimum standard that will accommodate convenient travel
over a reasonably smooth surface by an ordinary fwo-wheel drive automobile and the upkeep,
maintenance, repair, improvement of the same shall be conducted in such manner and at such
times deemed necessary by the Association.
4.2 Dust Suppression. The Association shall also be responsible for the application of
magnesium chloride or similar dust suppression solution to the Common Access Road no less
frequently than annually. Each year, the first application of magnesium chloride or similar dust
suppression solution shall take place between May l5th and June 15th, with any additional
applications taking place at the discretion of the Association. Any and all costs incumed by the
Association in connection with such dust suppression activities shall be assessed equally among
the Owners of the Lots.
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5.1 No Mobile Homes. No mobile homes, travel trailers or other movable structures
shall be permitted on any Lot.
5.2 Building and Design Restrictions. No improvement or structure shall be placed
upon any Lot or altered or changed without compliance with the provisions of Article V below.
5.3 Fence. Any fence installed shall be a livestock containment fence approved by the
Association. Livestook shall not be kept on any Lot unless the Owner of such Lot constructs and
maintains fencing sufficient to contain and control such livestock.
5.4 Signs. No advertising signs shall be displayed or erected upon any Lot nor shall
any such signs be displayed from any window or doorway of any dwelling unit; provided that, the
prohibitions of this Section shall not apply to signs for those engaged in construction work on a
Lot or to "For Sale" or "For Rent" signs advertising the Lot for sale or lease.
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5.5 Altemas. No television or radio antennas and no satellite dishes, except roof
mounted antennas not extending more than ten ( l0) feet above the highest point of the roof line
and satellite dishes mounted on an approved structure, shall be permitted on any Lot.
5.6 Garbage and Trash. No refuge, garbage, trash, scrap or debris of any kind shall be
kept, stored or allowed to accumulate on any Lot. Except as necessary to accommodate trash
pickup, trash containers shall be kept in garages or otherwise screened liom view.
5.7 No Unlicensed or Inoperable Vehicle$; . Eguipment. Not motor vehicles,
recreational vehicles, campers, boats or towed trailers, whioh are inoperable or not currently
licensed, shall be parked or stored on any Lot.
5.8 No Temporarv Structures. No tent or shack or other temporzry building,
improvement or structure shall be placed upon the Property, except for such temporary structures
necessary for the storage of tools and equipment and for office space for architeots, builders and
foremen, during actual construction.
5.9 Drainage. No Owner shall do anything that shail impair or adversely affeot the
natural drainage. No Owner shall divert drainage water onto the property of another or deprive
any other Lot of its nafural drainage course.
5.10 Maintain Appearance. No improvements constructed upon any Lot shall be
pemritted to fall into disrepair, and each and every such improvement shall at all times be kept in
good condition and repair and adequately painted, stained, or otherwise finished and maintained
by the Owner thereof.
5. I I Noxious Weeds. Each Owner shall be responsible to control noxious weeds on
such Owner's Lot and shall comply with the Colorado Noxious Weed Act (C.R.S. $35-5.5-101,et seq.) as the same now exists or may hereafter be amended. Any and all costs incurred by an
Owner in connection with the control or eradication of noxious weeds on such Owner's Lot, ihau
be the exclusive obligation of such Owner.
5.12 No Mining' No mining, quarrying, tunneling, excavating or drilling for any
substance within the earth including oil, gas, minerals, gravel, sand, rock, earth or dirt shall be
permitted on any Lot by any Owner.
5.13 Prohibitions. No obnoxious or offensive activity of any type shall be carried on
upon any Lot nor shall any'thing be done or permitted which may be o. b*.o-" a nuisance or
danger to the owners or occupants of neighboring lands. Without limiting the generality of the
foregoing, no exterior speakers, horns, whistles, bells or other sound devices (ot[er than security
devices used exclusively for security purposes) shall be located, used or ptaced upon any Lot.
5' 14 No Hazardous Activities. No activities shall be conducted on the Property which
are unsafe or hazardous or constitute a potential danger to any person or properly.
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5.15 Undersround Utilities. Extensions from the common trunk lines of all electrical,
telephone, cable rv and other utility lines shallbe accomplished utilizing underground cclnstruction
and installation technique and shall not be carried on overhead poles or above the surface of the
ground.
ARTICLE VI
BUILDING AND DESIGN RESTRICTIONS
6.1 Buildine and Design Restrictions. 'fhe following building and design restrictions
shall apply to all improvements, including stick-built homes, manufactured homes (factory-built,
panelized or pre-fabricated) and to any other structures constructed, installed or placed on any Lot:
(a)The principal residential structure located on any Lot must be of new
construction, contain at least 1,200 square feet of living space on the nrain
floor and be a minimum of 24 feet in width.
All housing structures must comply with the standards and specifications
of the Uniform Building Code.
(b)
(c) Every home must be placed on a perrnanent foundation.
6.2 Exemption For Existing Structure. The existing structure located on Lot 2 is
exempt from the building and design restrictions set forth herein. Flowever, any new or
replacement structure placed or constructed upon Lot 2 shall comply with the building and design
restrictions set forth herein.
ARTICLE VII
CONSERVATION EASEMENT. LOT 6
7.1 Lot . Lot 6 is subject to a perpetual
conservation easeryent granted to the Aspen Valley Land Trust, recorded as Reception No.
-6la.0l-fiJ- of1h9 Garfield County, Colorado records (the ?'Conservation Easemenf'1. All
activities on Lot 6 shall comply with the Conservation Easemcnt.
7 .2 WaterRiqhts in Mutual Ditch Comnan),. The Association owns nine hundred sixty-
rwo (962) shares in Triple C Ranch Water [Jsers, a mutual ditch company. Each share represents
0.001 cfs out of Rifle Creek, via the Rifle Creek Canon Ditch, Priority No. 80, adjudicated Mayll, 1889 in Garfield County Court Case No. 103, of which 0373 cfs is allocated to Lot 6.
Notwithstanding anything contained in this Declaration to the contrary, the Association's intcrest
in that portion of the water rights allocated to Lot 6 are to be held by the Association, subject to
the provisions of the Conservation Easement. The Association shall not transfer, encumber, sell,
lease or otherwisc separate from Lot 6, that share of said water right allocable to Lot 6 or change
the historic use of the water right, without the prior written consent of the Owner(s) of Lot 6 and
the Aspcn Valley Land Trust.
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7.3 ApproYed Conservation Uses Not Subject to Curtailment. No amendment to this
Declaration, nor any rules or regulations or bylaws adopted by the Association, shall operate to
deny any activity or use on Lot 6 permitted, reserved or otherwise recognized as consistent with
the conservation purposes established under the Conservation Easement. Any rule, regulation or
amendment purporting to restrict uses approved by the Conservation Easement for Lot 6 shall be
null and void and unenforceable unless approved in writing by the Owner(s) of Lot 6.
ARTICLE VIII
GENERAL PROVISIONS
8.1 CovenantsRunWithland. This Declaration shall run with the land and be
a burden on and a benefit to the Lots and shall be binding upon all Owners acquiring any interest
in any Lot and upon any occupant ofany Lot.
8.2 Enforcement. Failure of any owner to comply with the provisions of this
Declaration or with the Articles of Incorporation or Bylaws of the Association shall give rise to
a cause of action in favor of any aggrieved Owner for the recovery of damages or injunctive relief
or both. The fbilure of any Owner or Owners to enforce any such rights shall in no event be
deemed a waiver of the right to do so in the future.
8.3 Amendment and Revocation. This Declaration may be amended or revoked only
by the written agreement of Owners representing not less than four (a) of the Lots, executed,
acknowledged and recorded in the records of the Clerk and Recorder of Garfield County,
Colorado; provided that, (a) in the case of any amendment affecting the water rights allocated to
Lot 6 pursuant to the provisions of Section 3.7,the Owner(s) of Lot 6 must be among the Owners
in agreement to the amendment and the written approval of Aspen Valley Land Trust or its
successor(s) in interest must be obtained; (b) in the case of the revocation of this Declaration, the
water rights allocated to Lot 6 pursuant to the provisions of Section 3.7, shall be distributed to the
Owner(s) of Lot 6; and (c) any amendment to this Declaration affecting the uses approved by the
conservation Easement shall be subject to the provisions of Section 7.3.
8.4 Duration. This Declaration shall continue in effect until revoked or terminated in
the manner provided above.
8.5 Severability. If any clause or provision of this Declaration is determined to be
illegal, invalid or unenforceable under present or future laws, all other terms and provisions hereof
shall nevertheless remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Declaration this
of Sed-r(-cAR(*- ,zoo4.
d duy
[Signatures to follow on next page]
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DECLARANT:
RANCH SAVERS LLC, a Colorado I im ited I i abi I ity company
STATE OF COLOr{ADO )
) ss.
corrNTY oF GARFTELD )
The foregoing instrument was acknowledged before me this -fu-aor.f bfir^-lra
2O04by Michael A. Bennett, as President of Rural Land Managerrent Cotp, Managbr of Ranch
Savers LLC.
Witness my hand and official seal.
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By: Rural Land Management
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Exhibit A
LOT 1, ACCORDING TO THE TURGOOSE RANCH RURAL LAND DEVELOPMENT
EXEMPTION PLAT
also described as follows:
A PARCEL OF LAND SITUATE TN THE S I/2SE1/4 SECTION 3, TOWNSHIP 6 SOUTH, RANGE
93 WES'T OF THE 6T'I PRINCIPAL MERIDIAN, COLINTY OF GARFIELD, STATE OF
COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCIUBED AS
FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 2,3, IO AND 1I, OF SAID
TOWNSHIP AND RANGE, AN ALUMINUM PIPE WITH A 3" ALUMINUM CAP PROPERLY
MARKED, THENCE N89'07'56"W I392.48 FEET TO THE SOUTI]WEST CORNER OF LOT I,
A REBAR AND CAP LS NO. 36572 SET IN PLACE, THE TRUE POINT OF BEGINNING;
TIIENCE NOO'25'52"W 144,23 FEET TO TI-IE WESTERLY ANGLE POINT OF SAID LOT 1, A
REBAR AND CAP LS NO. 36577 SET IN PLACE; THENCE ALONG THE ARC OF A CURVE TO
THE RIGHT I]AVING A RADIUS OF 23O.OO FEET, AN ARC LENGTH OF 169.84 FEET, TFIE
CI{ORD WHICH BEARS N20"44'1O"E 166.01 FEET TO A POINT ON THE EAST LINE OF TFTE
Swl/4SEi/4 SAID SECTION 3, A REBAR AND CAP LS NO, 36572 SET IN PLACE; THENCE
DEPARTING SAID EAST LINE N82' O I' 54"8 520.7 5 FEET TO THE NORTI]EAST CORNER OF
SAID LOT I (WHENCE A REBAR AND CAp WITNESS CORNER LS NO. 36572 BEARS
582'01'54"W 35.00 FEET); THENCE St3'13'53"W 94.10 FEEf; THENCE 520"17'54"W 110.35
FEET; THENCE S28.22'58,,W I97.65 FEET TO T}IE SOUTI'I EASTERLY CORNER OF SAID
LOT I ; THENCE S 89 " 3 8' 00"W 4 I 9.65 FEET TO THE TRUE POINT OF BEGINNING; (WHENCE
THE EAST 1/16 CORNER BETWEEN SAID SECTIONS 3 AND 1O BEARS 563'48'52"8 67.11
FEET), SAiD PARCEL OF LAND CONTAINING 3.742 ACRES, MORE OR LESS.
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LOT 2, ACCORDING TO TFIE TURGOOSE RANCH RURAL LAND DEVELOPMENT
EXEMPTION PLAT
also described as follows:
APARCEL OFLAND SITUATE INTF{E SEI/4S81/4 SECTION3, TOWNSHIP 6 SOUTH, RANGE
93 WEST OF TFIE 6TI{ PRINCIPAL MERIDIAN, COUNTY oF GAR-FIELD, STATE oF
COLORADO. SAID PARCEL OF LAND BEING MORE PARTICTLARLY DESCRIBED AS
FOLLOWS:
COMMENCTNG AT THE CORNER COMMON TO SECTIONS 2,3, 70 AND 1I, OF SAID
TOWNSHIP AND RANGE, AN ALUMTNTII|4 PIPE WITH A 3" ALUMINUM CAP PROPERLY
C:liRONT DESl(./Cli.ny'Turgoosey'Doc/Exhibir A, Lors I - 6.wlld
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MARKED, THENCE N76"29'37"W 1372,59 FEET TO A POINT ON THE WESTERLY LINE OF
THE SE1/4SE1/4 SAID SECTION 3, A REBAR AND CAP LS NO. 36572 SET TN PLACE,, THE
TRUE POINT OF BEGINNING; THENCE N00'25'52"W ALONG SAID WESTERLY LINE A
DISTANCE OF 395.68 FEET TO THE NORTH WEST CORNER OF LOT 2, A REBAR AND CAP
LS NO. 36572 SET IN PLACE; TI-IENCE DEPARTING SAID WESTERLY LINE N89"10'02"E
245.80 FEET TO TIIE NORTHERLY ANGLE POINT OF SAID LOT 2, A REBAR AND CAP LS
NO. 36572 SET IN PLACE; THENCE 575'38'lLE 437 .37 FEET TO TttE NORTH EASTERLY
coRNEn oF sArD LOT 2 (WHENCE A REBAR AND CAP LS NO. 36s72 WITNESS CORNER
BEARSNT5'38'10"W 35.00 FEET);lHENCE 542"02'53"W 200.71FEET;TFIENCE S 13'13'53"W
7 r .40 FEET TO THE SOUTFI EASTERLY CORNER OF SAID I-O't 2 OyHENCE A REBAR AND
CAP LS NO, 36572 WITNESS CORNER BEARS S82'01'54"W 35.00 FEET/; TFIENCE
582"01'54"W 520.75 FEET TO TFIE TRUE POTNT OF BEGINNING; (WFIENCE THE EAST 1/16
CORNE,R BETWEEN SAID SECTIONS 3 AND IO BEARS SOO"26'27"E 329.11 FEET), SAIT)
PARCEL OF LAND CONTAINING 4.450 ACRES, MOR.E OR LESS.
rt<Xrt***
LOT 3, ACCORDING TO TFIE TURGOOSE RANCH RURAI, LAND DEVELOPMENT
EXEMPTION PLAT
also described as follows:
A PARCEL OF LAND SITUATE IN THE SE 1 /4SE 1 /4 SECTION 3, TOWNSHIP 6 SOUTH, RANGE
93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COLINTY OF GARFIELD, STATE OF
COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CORNE,R COMMON TO SECTIONS 2,3, IO AND 11, OF SAID
TOWNSHIP AND RANGE, AN ALUMINUM PIPE WITH A 3" ALUMINUM CAP PROPE,RLY
MARKED, TFIENCE N56'36'15"W 1307.76 FEET TO THE SOUTHWEST CORNER OF LOT 3,
A REBAR AND CAP LS NO, 36572 SET IN PLACE, THE TRUE POINT OF BEGINNING;
THENCE N46'16'06"E 513.83 FEET TO THE WESTERLY ANGLE POINT OF SAID LOT 3, A
REBAR AND CAP LS NO. 36572 SET IN PLACE; TI-IENCE N00'48'07"W 47,32 FEET TO THE
NORTHWEST CORNER OF SAID LOT 3, A REBAR AND CAP LS NO. 36572 SET iN PLACE;
TI-IENCE S 8 9 " 5 8', 5 7"8 229 .20 FEET TO THE NORTH EAST CORNER OF SAID LOT 3 (WFIENCE
A REBAR AND CAP LS NO. 36572 WITNESS CORNER BEARS N89'58'57"W 35.00 FEET);
THENCE S09'33'22"E I02.23 FEET; TIIENCE S03'30'36"W I75.00FEET;TFIENCE ALONGTHE
ARC OF A CURVE TO TI.IE RIGIIT HAVING A RADIUS OF 2OO.OO FEET, AN ARC LENGTH
OF 133.30 FEET, TI{E CHORD WHICH BEARS S24'18'51"W 130.84 FEET; THENCE
s47"52',24"W 173.28 FEET TO TI-IE SOUTH EAST CORNER OF SAID LOT 3 (WFIENCE A
REBAR AND CAP LS NO. 36572 WITNESS CORNER BEARS N75'38'10"W 35.00 FEET);
THENCE N75'38'10"W 431.37 FEET TO THE TRUE POINT OF BEGINNING; (WHENCE THE
EAST 1/16 CORNERBETWEEN SAID SECTIONS 3 AND 1O BEARS S18"I5'24"W 766,95 FEET),
SAID PARCEL OF LAND CONTAINING 4.325 ACRES. MORE OR LESS.
C FRONT DESVClieny'TorgoosdDoc/Exhibil A. Lots t - 6.wpd
,ft ,{< * r* ,t( ,(
illlilt ililI lillllt lll llllll llll llllt lll lllllllll uo{oigf o9t22/2oo4 t0:544 81524 P24e Il SLSDoRF
13 of 14 R 7l.Og D O.OO GRRFIELD COUNTY CO
LOT 4, ACCORDING TO THE TURGOOSE RANCH RURAL LAND DE,VELOPMENT
EXEMPTION PLAT
also described as follows:
A PARCEL OFLAND SITUATE INTFIE SEl/4SE1/4 SECTION3,TOWNSI-IIP 6 SOUTFI,RANGE
93 WEST OF THE 6TH PRINCIPAL MEIUDIAN, COLJNTY OF GARFIELD, STATE OF
COLORADO. SAID PARCEL OF LAND BEING MORE, PARTICUI-ARLY DESCRTBED AS
FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 2,3, 10 AND 1I, OF SAID
TOWNSHIP AND RANGE, AN ALUMINUM PIPE WITH A 3'' ALUMINUM CAP PROPERLY
MARKED, -|HENCE N57'46'39"W 512.82 FEET TO TIIE SOUTHEAST CORNER OF LOT 4, A
REBAR AND CAP LS NO. 36572 SET IN PLACE, THE TRUE POINT OF BEGINNING; THENCE
s89'54',36"W 417.i1 FEET TO THE SOUTH WEST CORNER OF SAID LOT 4 (WI-IENCE A
REBAR AND CAP LS NO. 36572 WITNESS CORNER BE,ARS N89'54'36"E 35,00 FEET);
THENCEN20"17'54"8.30.26 FEET; TFIENCE N13'13'53"E, 165.50 FEET; THENCE N42'02'53"E
200.71FEET; THENCE N47"52'24"8173.28 FEET; THENCE ALONG THE ARC OF A CURVE
TO THE LEFT T{AVING A RADIUS OF 2OO,OO FEET, AN ARC LENGTH OF 133,30 FEET, THE
CHORD WHICH BEARS N24"18'51"E 130.84 FEET; THENCE N03'30'36"E 175.00 FEET;
THENCE NO9'33'22"W 102.23 FEET TO THE NORTH WEST CORNER OF SAID LOT 4
(WFIENCE A REBAR AND CAP LS NO. 36572 WITNESS CORNER BEARS N89"58',57"W 35.00
FEET); THENCE S89"58'57"E 31.18 FEET TO TI-IE NORTH EAST CORNER OF SAID LOT 4
(WHENCE A REBAR AND CAP LS NO. 36572 WITNESS CORNER BEARS S09"07',58"E 35.00
FEET); THENCE S09'07'58"E 100.48 FEET; THENCE S00'50'39"8749.69 FEETTO THE SOUTH
EAST CORNER OF SAID LOT 4, THE TRUE POINT OF BEGINNING; (WHENCE TI-IE EAST
1/16 CORNER BETWEEN SAID SECTIONS 3 AND l0 BEARS 572"34',23"W 941 .48 FEET), SAID
PARCEL OF LAND CONTAINTNG 3,541 ACRES, MORE OR LESS.
,h?t**i<*
LOT 5, ACCORDING TO THE TURGOOSE RANCH RURAL LAND DEVELOPMENT
EXEMPTION PLAT
also described as follorys:
A PARCEL OF LAND SITUATE IN THE S1/2SEI/4 SECTION 3 AND IN THE NEl/4 SECTION
I O, TOWNSTIIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRTNCIPAL MEzuDIAN, COLTNTY OF
GARFIELD, STATE OF COLORADO. SAID PARCEL OIT LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE EAST 1/16 CORNER BETWEEN SECTIONS 3 & 10, AN ALUMINUM CAP
IN PLACE; TI{ENCE 500"35'32"E 1319.41 FEET TO A POINT ON THE RIGHT OF WAY OF
COLINTY ROAD NO. 293; TIIENCE S89'34'08"W ALONG SAID RIGHT OF WAY 60.00 FEET;
I'HENCE DEPARTING SAID RIGI-IT OF WAY NOO'35'32"W 1319.41 FEET TO A POINT ON
C:FRONT DEShTCliendTurgoore./Doc/Exhibit A - Loa I - 6.wpd
rmll lllll liltil lll lilll llllt lllll lll ililllll u-aiaoTaz ostzztzggq 10:544 81624 ?25o n ALSDoRF
14 of 14 R 77.sO D O.OO GBRFIELD C0UNTY C0
TFIE NORTH LINE OF SAID SECTION 10; IHENCE DEPARTING SA]D NORTH LINE
NOO'25'52''W 30.07 FEET TO TI-IE NORTH WESTERIY CORNER OF LOT 5, A REBAR AND
CAP LS NO. 36572 SET IN PLACE; THENCE N89"38'00"8 419.65 FEET; THENCE N28'22'58"E
197.65 FEET; THENCE N20'17'54"E 80.09 FEET 1'o THE NORTH WESTERLY CORNER oF
LOT 5; TI{ENCE N89.54,36,,E 417.1I FEET TO THE NORTH EAST CORNER OF SAID LOT 5;
TI-IENCE SOI"17'12"8216.24 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 3,
(WHENCE THE CORNER COMMON TO SECTIONS 2, 3, IO AND 11 BEARS N89'38'OO"E
427.64 FEET),TI'IENCE S89"38',00"WALONGSAID SOUTHLINEOF SECTION3 ADISTANCE
OF 904.48 TO THE POINT OF BEGINNING, SAID I'ARCEL OF LAND CONTAINING 5.186
ACRES, MORE OR LESS.
*,t****
LOT 6, ACCORDING TO THE TURGOOSE RANCFI RURAL LAND DEVELOPMENT
EXEMPTION PLAT
also described as follows:
A PARCEL OF LAND SITUATE, IN THE SEIi4SEI/4 SECTION 3 AND IN THE S1/2SWI/4
SECTION 2, TOWNSHIP 6 SOUTII, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCzuBED AS FOLLOWS:
BEGINNING AT THE CORNER COMMON TO SECTIONS 2,3, IO AND 11, OF SAID
TOWNSHIP AND RANGE, AN ALUMINUM PIPE WITH A 3" ALUMINUM CAP PROPERLY
MARKED AND IN PLACE, THENCE S89'38'OO"W ALONG THE SOUTH LINE OF SAID
SECTION 3 AND DTSTANCE OF 427,64 FEET TO THE SOUTHEAST CORNER OF LOT 5, A
REBAR AND CAP LS NO. 36572 SET IN PLACE; THENCE DEPARTING SAID SOUTH LINE
N01'17'12"w 276.24FEET;THENCEN00'50'39"w 749.69F88T; THENCE N09"07'58"w 100.48
FEET; T}IE,NCE S89"58,57,,E 1936.82 FEET TO A NORTFTERLY ANGLE POINT OF SAID LOT
6, A REBAR AND cAP LS No. 36572 SET IN PLACE; THENCE N00"27'54"w zt3.7t FEET To
A NORTHERLY ANGLE POINT OF LOT 6, A REBAR AND CAP LS NO. 36572 SET IN PLACE;
THENCE N89"26'1l"E 1154.75 FEET TO THE SOUTH CENTER I/I6 CORNER OF SAID
SECTION 2, AN ALUMINUM cAP LS No. 10871 IN PLACE; THENCE, S00"27'54"E ALONG
THE NORTI] SOUTI.I CENTERIINE OF SECTION 2 A DISTANCE OF 1320.43 FEET TO THE
SOUTI"I % CORNER OF SAID SECTION 2, AN ALUMTNLII\4 CAP IN PLACE, THENCE
DEPARTING SAID NOR'|H SOUTH CI]NTERLINE S89"25'43"W ALONG THE SOUTH LINE
OF SAID SECTION 2, A DISTANCE OF 13 19.90 FEET TO THE WEST 1/I6 CORNER BETWEEN
SECTIONS 2 AND 11, AN ALUMINUM cAP LS No.36572 sET IN pLACE; THENCE
CONTINUTNIG ALONG SAID SOUTH LINE S89'25'43"W I319.90 FEET TO THE POINT OF
BEGINNING. SAID PARCEL OF LAND CONTAINING 84.193 ACRES, MORE OR LESS.
CTIRONT DESh7CIjchr./TurgoorcDoo€iribit A - L{r 6.wpd
ll! lil[ /! ilf[ifl! Flil, lri t,l{Jlltrf [#t t{ {, Ii[ :lt{, I ] I I IR€ception$: 724971O5tO6l2OO7 01 S3i27 pf, B 1934 p 0664 J€an Atb..ico1 or 3 Rec Fee:916 oo ooc F;!jtoo oo-ceniiEr-ij'i6i:ririV co
Slc!v0rtlitlcof(loloraclo-(ilcrrvoorlspringsDivision FileNumber:2007U471
No. 92lA - Wananty l)ccd - To Joinr Tcnanls
WARRANTY DEED I
THIS DEED, made this 3 lsr day of May, 2007, between I
l.arry l)ale Johnson
I
Iolthe said County of Carfield and State of Colorado, Grantor, and I
Benjamin W. llegu,er and Jil F- Hegrver I
I
whose legal addrcss is: 0981 Home Ranch Road, Riflc CO 81650 |
of the said Counry of Garfield and State of Coloraclo, grantee:
I
WI'I'NESS, that the granror, for and in consideration of rhe.sunr of I T) o a S / D O,
o
( $1,000,000.00 ) One Million dollars and Zcro ccnts, the receipt an<i
sufficiency of whir:h is hereby acknowlcdged, has granted, bargained, sold and conveycd, anrl by these presents does
grant, bargain, sell, convey and confirm, unto the grantees, their hcirs and assig,ns forevcr, not in tenancy in common but
in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County ol
Garficld and State of Colorado described as follows:
A parcel of Iand situatc in the SEI/4SE1/4 Section 3 and in the Sl/25W1/4 Section 2, Township 6 South, Range 93 Wesrof the 6th Principal Meridian, County of Garfield, State of Colorado, said parcel of land- being more particularly
described as follows:
Bcginning at the comcr cornmon to Sections 2, 3, l0 and I 1, ol said Township and Range, an aluminum pipe with a 3,'
aluminum cap properly marked and in place; thence South 89'38'00" West along the South line of said Section 3 and
distance of 427 .64 feet to the southeast comer of Lot 5, a rebar and cap LS No. 36i72 set in place;
Thence departing said South line North Ol.l7'12. Wes1276.24 feet;
Thence North 00"50'39" West 749.69 feet;
Thence North 09"07'58" West 100.48 feet;
Thence South 89"58'57" East 1936.82 leet to a Northerly angle point ofsaid Lot 6, a rebar and cap LS No. 36572 sct in
place;
Thence No(h 00o27'54" West 213.71 feet to a Northerly angle point of Lot 6, a rebar and cap LS No. 365'12 setin place;
Thence North 89o26'11* East I 154.75 feet to the South center 1/16 comer of said Section 2, an aluminum cap LS No.
I10871 in place;
I'l'hence South 00"27'54" East along the North South Centerline ofscction 2, a distance of 1320.43 feet to the South l/4 |Corner ofsaid Section 2, an aluminum cap in place;
Thence departing said North South Centerline South 89'25'43- West along the South line ofsaid Section 2, a distance ofl3l9'90 feet to the West 1/16 Comer between Sections 2 and 11, an aluminum cap LS No. 36572 setin place;
Tlrence continuing along said South line South 89"25'43" West l3 19.90 feet to the POINT OF BEGINNING.
Also dcscribed as
Lot 6
According to the Turgoose Ranch Rural Land Devclopment Exemption plat
Recorded September 22, 2OA4
As Reception No. 660180
County of Garfield
State of Colorado
also known by street and number as: 0981 llorne Ranch Road, Riflc, CO g1650
ToGETHER with all and singular the hereditaments and appurtenanccs thereto belonging, or in anywise appertainrng,
and the reversion and reversions, remainder and remainders, icnts, issues and profits thereo{ and all the estate, iigtrt, tittc,interest, claim and demand whatsoever ofthc grantor, either in law or cquity, of, in and to the above bargained iremises,with the hereditaments and appurtcnances.
To IIAVE AI{D TO HoLD the said premises above bargained and describcd, with the appurtenanccs, unto the grantee,his heirs and assigns forever. And the grantor, for himseli, his heirs, and personal representatives, docs covenant, grant,bargain, and agree to and with the grantee, his heirs and assigrs, that at ihc time ofihe cnsealing and delivery of theseprescnts, he is well seized of the premises above convcycd, has good, sure, perfcct, absolutc and indefeasible estatc ofinheritance, in law, in fee simple, and has good right, lull power and Iawlui authority to grant, bargain, sell and convey
$:^:'f: in manner and ftrrm as aforesaid, and thaithe same are free and clear from all former and other grants, bargains,les, liens, taxcs, assessments, encumbrances and restrictions of whatcver kind or nuturel;;;;;;;; b^srr\" usrbur'ri'
"::::l^,'::":.f:'_'!:.,r*:' 2007 antl subsequeilt ve(us; antl.those specilic eaceptions described by reference to reconled docunrcnrs
l:^,i4:1,:0.,: :!e fj\ Do.am1nm.accep.red by brant""1rl trr accorttonce with Section SrI;;t" ir;;l;;;1,;; ;;;,r:;;;;, Buy ant!
describetl righrs of thirtl parties not sltowrr bv the public racords of which Groitee has .",r"i';:,';;;;:ir; ** -[i;r"i?)!.*iii",]Grantee(s) in accordance with Seclion 8b (Matterc not shown by ihe Public Recorrls) anr! Sectktn gc (Sur,/cy Review) of the Coiltroctlo Buy and Sell Real Eslate relatiilE to the abot,e described r.eo! propcrq,, inclusion of the propertl,withitr any special tax districr;and, the benefit. and burdets of anS, dgg1.r.1i.n and par1, *,all agr:eemenis, f ony.,,
.l-*.lr.r(r*'. * Ut
$/r, ,o
Uo
t1,
1, (oE/tS()
f il fi/'L Pll'ilill,!{ll,Hf,Hl,l{lthit'llltr\i lilt liF:lll,rl ll ll IRcccptlonH: 724971
06l@6120@7 O1:53:27 Pf'1 B: 1934 P: 0665 Jern Albcrlco2 of 3 R€c Fes;$16.0@ Doc Fec:.l0@.00 GnRFIELo COUNTY C0
SlcwartTillcofColorrtlo-CilcnrvoodSprihgsDivision FileNumber:20C,?0471
No. 92lA - Wamnty Dced - To Joinr .l.enanls
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the gantee, his heirs and assigns, against all and every person or persons lawfully claiming the
rvholeoranypartthereof. Thesingularnumbershallincludetheplural,thcpluralthesingular,andtheuseofanygender
shall be applicable to all genders.
IN WITNESS , the has e this deed on the date set forth above.
STATE OF Colorado
COUNTY OF Garfield
)
) ss.
)
The foregoing instrument was acknowledged before me_
Together with but without warranty the attached water rights.
of May,2007,byLarry
Ptgc 2 of 2
My commrssion expires: March 14,2010.
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7-l Q4 6ranr of Cohscrvrtloq [assmgnq.rryp6
Llllll|flruIllilr il[lllil ililflm fl rflu til IlIr6gp1B1 ss/n /Z$eq 18 r tt€iff a::6,,A'iA+ Dt-'mjEbiF'L3 of 25 R 1"6.,A0. D g.g0 G9RFIELD coullT.t, CO
r[#to$t"i'oS
Prgc 1J of2t
11' Water Ri-ghr:- ra. Turgoosc Ranch Owasrs Arsociation, a Colorado corporation notIbr profit owas .ui-ac Irundrcd sixty-two (962)-sharcs in Triplc c lta11gh w"t rusiiu, aiuruat ditchGolllpalry. Each share of$te;ock reprcsents 0.001 cfs out ofRifle Cbseh via the Rjri. Cr*k Cason
Plt!!' PligriryNo, 80, adjudicatcd nary i1, 1889 in camora-c"rnty court caseNo-. I-01 ofwhicn0.773 vfs is allooared m the proporty. Thu Associqtioa,s iateasst T tha. portioq of ttrc watcr righlsallocated to the Properly rre io ui mia by the ao".iation *ui""t U td;;.ri"ious of t6,Conservation Easernint tnd- arc junior and sr;ibordirratc to the terms ofthe conservation Easement,Undor tha terms of this Conservation Easentcnt aud also urder thc terms of the Declarrtion, theAssociation is not permitEd to !*f.+ mrcumber, sell, iea; o. othenri""1.p-*uio'r.o* trr.Propertl' that share t|*aiq *"t* agn Ji"",ur19 rir-" ilp#". otunge the histonc use of thewaler rieht without tlte prior w:'itten conserf of the owneffi-tfmt o ino ue rrrsi any su*coruent of the Trust may bc qiy"T ouiy upon * dercrminarionii G trust tt "t such traos&r or olhcrchauge is not iaconsistcnt lryilh &e p*sirvatill -.,4 pto*"ii*Gthe conservatiorr varues ss se,rforth in this Easemenl of. ur oth"i-wise jusri{icd bi; i;.b";[gi,"ul i.prorcmenb, iu inigtionefiioiency or ahlLnges in thc vegehtive ivatcr rcq,LeoranL d1ryor and rhe Trust agree thatGraDlor's allocable shate of saia water righry outofiliflc cr;.r <o:n "si herd by thc Associa{ion,togelher wittr arrv and all rights associut.a *iri, flr; hir;;rila urrreoqjal use of a.uy of thcembankrnenb,'springs, head[*es, n*r*i"gld*i; ;;*h;; "";rrcs, es5eprqnrs and righrs-of_way that arq sppirrtenantto Cr"rrior', aUodUb J;;f ;il ilierrighrs (the ,(Dadicared WalerRiglts') must be rnai'ntaincd ot' G ptderry b cnsure th, ,ni*,ru*Iwel of prcservation atrdproGction of the agriculturaf sccni", "rJi^ri*r*rntat conscrv"tion values, ineluding wiidLife,
ffi ffi i"il:illffi ,Hf l"f,ff"trf*i:'1;-*,h;",i},L"'or*ateru.aiti*Jiyusedto
should Granror grrccee! to the Assoc:iatiou i:r qutright oqmersbip of the Dedicatcd. w.eterRlghts, Grantor shall not traasfe,r, "o"*U.r, scll, Iease o, oih.*i"u separate Eom the propeny, orcha::ge the historicu*e of rhc otai*i.a ril u." lu-erri=, ;irfi"iii" prior writte,u conseff of anddeterminationby tlrc Tn:st tlatsucn trausLr o:othe.rlhaDg"i, ,"iin.r*istent with rheproservetioaand pmtection of tbe corrseruatioq-vrruur,, o.ir j*_ti"rJliil*",o6ual improvenrenrs jn
iEtqi#fr,*r'ffiT;"f :$'Jf; irr-+'[;*m,#umffi ffi _Tr'*rr*latcrbeallcgedtd bc p':,,9s-1o,r.r,tii,itiir,rot orti," boa"dfiJnBasementpnrnuant.to scctioq' 13, bclow Non-.Deiicat.d W;t* #ghl"-Elprurtsrrant ho rhe p.O.rry ars rot subject to tbisEascmeng andm4y besold or o&"rwi;.G;thatGranior;;t#,;'-wrterauar5rsrs,,A;1,T,[%'*t#tr?"*il:Ti*#*,Hff]ij;
RigLts beforc seoara-ting,nyN;;Ded;riJffi;il;ffiH;ii"
fropers. rhe Trust sh", nocb-e on(tled m tnv'o,*:q.'h;;';a;ffir**r, ,^i. orlrr,.oldicatcd warer Rights. GrauloraJso agrEes norro iniliare actioas which w"ria fo#th. ;;, i. .6rai""re arrrriuq.il iJe. ,toog,rights other than for *uil:."r,;;il;*i,ir;ilt#pH;"ffi;tapsxovar of the rruss whichapproval thc Trust msy witthofa iiils sor" iir"retioo.r'.v. 'r...wq
Gra'ntqr shall rctain, rcsorve end presrw: t]Ie Dedicatcd water Rights. If Grantor fails tomairrainthehisbric use ofih"Dedt;;'\,/;rrnie-hu-uilil;r*p"rty, gltoserighrs ncoessaryto prcservc &nd orotect the conservati";v,L*,#Gni.p1iI,'i* strail have the rigrrt, but uorthe obligarion to enterupon rhe proe"cv *c uuadsrtakc *i*i ,rttious reasonabry necessar/ to
EXHIBIT
Fred Jarman
From: Chris Hale [chris@mountaincross-eng.com]
Sent: Friday, February 1S, 2008 5:Sg pM
To: Fred Jarman
Cc: landstudio2@comcast.net; ,Chris Manera,
Subject: Tybar Ranch Review
Fred:
I have reviewed the Tybar plans and have the following comments:
- A portion of the water system is to be operated and maintained by the City of Rifle, the other portion willnot. Provisions should be made within the CC&Rs to make the HbA a*aie of these responsibilitiei.- No comments were made to the water system. Water system design should be reviewed and approvedby the City of Rifle.- The roads all appear to conform to Garfierd county standards.- The easement at the end of the "Private Drive" sh6uld have measures in place to prohibit use as analternative access.- No information was reviewed concerning lsDS or storm drainage.
Feel free to call with any questions or comments.
Sincerely,
Mountain Cross
Engineering, Inc.
Chris Hale, P.E.
826112 Grand Avenue
Glenwood Springs, CO 81601
Ph: 970.945.5544
Fx: 970.945.5558
2n8t2008
Access Concerns
TyBar DeveloPment
L
1i11 ,. 1:" :rif ir" r1'
Mile Pond Road & North Graham Road
2nc1 Blincl Cttrve & I{ock Slicles
m.&1ff;ltr}$-'h li,1 rf rlr
Up North Graham 1st Blind Curveffi
T
3rd Blind Curve & Rock Slides
t
Home Ranch Rd. aka CR 293
North Graham merges with South Graham
Access Concerns
TyBar Development
Home Ranch Rd. to North Graham Heading down N. Graham to S. Graham
Note: Photos taken 2-15-08
These photos further represent our concerns for the
proposed access to the Ty Bar development. The
additional trafhc that will be generated to service
this development will add to an already dangerous
road situation with blind curves and rock slides.
We ask that Staff, Road & Bridge and the County
Commissioners make a site visit before approving
the proposed access and also visit the CR 233
alternative access as previously suggested by staff,
as it seems to be a safer solution.
Thank you, Jil & Ben Hegwer
Into Rifle City Limits on l6th l6th st
EXHIBIT
Zbr!
Tybar Angus Ranch
Davies Mesa Rural Land Development Application
Conditions of Approval
l. Access to Southeastern Portion ofProject. Applicant shall improve the primary
road access serving the southeastem portion ofthe Ranch (Lots 9 through 27) to a standard
equivalent to Garfield County's Secondary Access Road Standards. The road improvements
shall extend from the end of County maintenance on the eastemmost portion of County Road
293 and extend east and north to the cul-de-sac serving the northernmost Lots on the
southeastem portion of the Ranch. (See attached Location Map.) All primary access road
improvements shall be coordinated with appropriate Garfield County staffand the Rifle Fire
Protection District.
2. Emergency Access. Applicant shall provide emergency vehicle access to the
southeastem portion of the Ranch using the existing intemal gravel-surfaced ranch road. This
intemal ranch road extends south and east from the historic "stone house," to and through the
cul-de-sac serving the northernmost Lots on the southeastern portion of the Ranch. (See attached
Location Map.) All emergency access road improvements shall be coordinated with appropriate
Garfield County staffand the Rifle Fire Protection District. Thq 9m_elg_e_ng): aCegSS rgad
improveqcnts shall be constructed as part oftbqBhase Linfusggsturclt!*-The emergency
access road originally proposed for access to the southeastern portion ofthe Ranch (located east
of, and adjoining Lot 18) shall not be a requirement of this approval; however, Applicant shall
retain all rights to the use and enjoyrnent ofsuch private easement agreement, and this approval
is not intended to eliminate or extinguish Applicant's rights to such easement.
3. Rifle Fire Protection District Approvals. Prjp_rto_.rc_c_o_rd-ailpn o_f thg Exemptlop
PIat Map (the "Exemption Plat"). Applicant shall obtain and deliver to Garfield Counr_v staff
Rifle Fire Protection District's written approval of the fire protection systems and road
engineering.
4. Mineral Estate Exploration and Development Plat Notes. Applicant shall add plat
notes on the Exemption Plat to make complete disclosures concerning the potential for mineral
estate exploration and development activities on the Ranch.
5. Wildfire Hazards. Applicant shall include in the Rural Land Development
Exemption Improvements Agreement (the "RLDEIA") all recommendations relating to
mitigation of wildfire hazards provided by Scott Formby, forester, and included in the staff
report on pages I I and 12.
6. Weed and Dust Management. Applicant shall include requirements for weed and
dust management in the RLDEIA.
7. Phasing of Infrastructure. Applicant represents and warrants that the
infrastructure development of the Ranch shall occur in phases as described in Exhibit A of the
RLDEIA. No individual Lot sales shall take place unless and until the infrastructure serving the
same is in place. Lots l, 7 and 8 are expressly excluded from this requirement, as these Lot-s
currently have roads and utilities in place. excep_t-tbaU-he-Cql:d_U:lae SSrUrng*t_.-SfS_Z-and_g_Shall beconstructed prior to rhe-5419_Sl!aL?_Ar*L!L g*
8. Infrastructure Phasing Requirements Disclosures. Applicant shall includeprovisions in the RLDEIA and add plat notes in the Exemption Plat, iequiring that no individualLot sales shall take place unless and until all road, drainage, water, sew;r, and electrical service
is complete for the phase in which such Lot sale is located. (See page I 8 of the Staff Report for
the specific language.)
9. Homeowners Association Formation. Prior to recordation of the Exemption plat,
Applicant shall form a homeowners association to accept maintenance responsibilities for allroads and utilities serving the Ranch. In addition, Applicant shall prepare and record a set ofcovenants, conditions and restrictions (CC&R's) in form and contint acceptable to the County.
Deletedr
The CC&Rs shall incorporate all conditions of approval set forth herein. The CC&Rs shall
10' Public Roadway Dedication for Countv Road 233: Separate Documents for .
!o Garfield cgunty a 30' wlde publlc load eqrqement parallel to the south property line of ihe Deleted: dedicate ed gretRanch, adjacent to the existing County Road 233 right of way. (See Location Map.)*haddirlqn
1 I . Execution and Recordation of Conservation Easement. Simultaneously with
recording the Exemption Plat and all Garfield County related land use documents, Applicant
shall also execute and record the Conservation Easement naming the Town of Rifle as the
beneficiary,&older thereunder, as well as the Contract to Provide Water Service and pre-
Annexation Agreement for the Ranch.
12. Countv Position on County Road 233. The end of the county maintenance for
County Road 233 is shown on the attached Location Map. There are no records of roadway
dedications or established public rights-of-way extending north or east of the end of County
maintenance' The County acknowledges that Applicant and Applicant's predecessors in tiilehave maintained locked gates on the Ranch and hive not permitted publii access beyond the endof County maintenance on County Road 233. Notwithstanding the iorgoing, nothini herein shall
be deemed a waiver or disclaimer on the part of the County ofitaims o-r poiential claims forpublic access or use rights over and across those portions ofthe Ranch located north ofthe
terminus of County road maintenance on County Road 233.
13. Covenatrt Against Further Division or Reconfigure of Lot 28. So long as the
Conservation Easement remains in place, Lot 28 shall remain as o*.o.rtigrous parc-el undersing)e-ownership- Applicant hereby covenants and agrees that it shall not pursueor claim rightsto divide, subdivide or develop Lot 28 into two or more parcels of land larger than 35 acres
Open SPace
. Preserve 80% of the 723 acre Angus
production ranch (588 acres) for
agricultural Production'
Agricultural
Operations
. Continue to
retain, refine,
and exPlore
the exPansion
of the
agricultural
operations at
Tybar Angus
Ranch.
Tvbar
Ranch
Preserving Productive Agricultuyl
Land in Gartield CountY' Colorado
Angus
Cluster
Residential
Units
. Cluster 4+ acre
residential lots
adiacent to
existing residential
areas aOloining the
ranch and outside
of the Prime
agricuitural lands'
Access
. Provide multiple
access points to
the Tybar project
from County Road
293 to the eastern
portion of the ranch
and from County
Road 233 to the
western portion of
the ranch.
. Provide access.tolh" Tybar eastern residentiatarea from County Road 293 ;; not to impicl -
the ag ricultural operations- itiyOar.
c
c
6\,
S
S
' Provide access to the Tybar western residentiat
fl^lll?11existins couniy Roao zsC as ;oii;'.impact the agricultural oferaiions at Tybar.
Emergency Access
,?:_ 1o1 Ig. 1:g,n-ll
i gt th e a! ri c"u lt uii r o pe irtL n,with a subdivision road'
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Emergency Access Easement County Road 239. Retain the emergency access easement at the
eastern edge of the property. The easement at
the end of the "Private Drive" will have
T.he end of County maintenance for County Road 233 is
shown on the attached Location Map. As io alleged
extensions of a public right-of-way to the north oieast of
that point, the BOCC takes no position.
Further, nothing herein or otherwise connected with the
BOQC.'s approval of land use and development rights for
the Tybar Angus Ranch shall be deemed a waivef or
disclaimer ol !!e part of the BOCC of claims or potential
claims for public access or use rights over and across
those portions of the Ranch, shown on the Location Map
and as may be shown on one or more of the Rural Land
Development Exemption plats for phases 1 - 5, Iocated
north of the terminus of County road maintenance on
cR233.
Rifle
.q a)i.Uqb
measures in place to prohibit use as an
alternative access. i* I r---{ ..*l-rix,i;*,;.r"i;:;"iii
County Road 2gs
. The County acknowledges that Applicants, on behalf of
fencing in 1993, preventing public access onto the
Ranch along the south boJndary, beyond the end of
County maintenance on CR 23i, and into the Ranch on
-
-
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.,ft,K**r-*...
a*^.*.'*"ra.*
Access to Southeastern Portion of
Project
Applicant shall improve the primary road access serving
the southeastern portion of the Ranch (Lots 9 through 27) lo
a standard equivalent to Garfield County's Secondary
Access Road standards. The road improvements shall
extend from the end of County maintenance on the
easternmost portion of county Road 293 and extend east
and north to the cul-de-sac serving the northernmost Lots
on the southeastern portion of the Ranch' All primary
access road improvements shall be coordinated with
appropriate Garfield County staff and the Rifle Fire
Protection District.
Rifle Fire Protection District
Approvals
Prior to recordation of the Exemption
PIat Map (the "Exemption Plat"),
Appticant shall obtain and deliver to
Garfield CountY staff Rifle Fire
Protection District's written approval of
the fire protection systems and road
engineering.
Emergency Access
Applicant shall provide emergency vehicle access to the southeastern
po.tion of the Ranch using thl existing internal gravel-surfacgd l1nch
ioad. This internal ranchioad extends south and east from the historic
,,stone house,,,to and through the cul-de-sac serving the northernmost
Lots on the southeastern portion of the Ranch. (See attached Location
Map.) All emergency access road improvements shall be coordinated
with appropriate GariietO County statf and the Rifle Fire Protection
District. The emergency access road improvements shall be
constructed as pari of the Phase 4 infrastructure work. The emergency
access road originally proposed for access to the southeastern portion
of the Ranch (toiated east ot, and adjoining Lot 18) shall not be a
requirement oi this upproval; however, Applicant shall retain all rights to
the use and enjoyment of such private easement agreement, and this
approval is not iniended to eliminate or extinguish Applicant's rights to
such easement.
Rural Land Devetopment
Exemption
Conditions of APproval
Mineral Estate Exploration and
Development Plat Notes
Applicant shall add plat notes on the
Exemption Plat to make complete
disclosures concerning the potentiat
for mineral estate exploration and
development activities on the Ranch.
Weed and Dust Management
Applicant shall include requirements for
weed and dust management in the
RLDEIA.
Wildfire Hazards
Applicant shall include in the Rural Land
Development Exemption lmprovements
Agreement (the "RLDElA,,) ail
recommendations relating to mitigation of
wildfire hazards provided by Scott
Formby, forester, and included in the staff
report on pages 1 1 and 12.
Phasing of lnfrastructure
Applicant represents and warrants that the
infrastructure deveropment of the Ranch shail
occur in phases as described in Exhibit A of the
RLDEIA. No individuar Lot sares shail take prace
unless and until the infrastructure serving the
same is in place. Lots 1 ,7 and g are ex[ressly
excluded from this requirement, as these Lots
currently have roads and utilities in place, except
that the cul-du-sac serving Lots 7 and g shail be
constructed prior to the sale of Lot 7 or Lot B.
Public RoadwaY Dedication for
CountY Road 233 & SeParate
Documents for Private Easements
Shown on ExemPtion Plat
Applicant shall convey by special warranty deed to
Garfield County a 30'wide public road easement parallel
to the south property line of the Ranch' adiacent to the
""[ting
County'Road233 right of way' (See Location
ftf"p.l
'in addition, all private easements shown on the
Exemption Plat shall be documented in separate
easement grants or declarations that shall be recorded
simultaneously with the Exemption Plat'
Homeowners Association Formation
prior to recordation of the Exemption Plat, Applicant shall
form a homeowners association to accept maintenance
rlsponsiOilities for all roads and utilities serving the
Ranch. ln addition, Applicant shall prepare and^record.a
set of covenants, conditions and restrictions (CC&R's)1n
form and content acceptable to the County' The CC&Rs
shall incorporate all conditions of approval set forth
herein'TheCC&RsshalladdressthefactthatLotsl,T
andawillhavedifferentHoAobligationsthantheother
Lots, as utilities and roads are currently in place to serve
Lots 1, 7 and 8'
Execution and Recordation of
Conservation Easement
Simultaneously with recording the Exemption
Plat and all Garfield County related land use
documents, Applicant shall also execute and
record the Conservation Easement naming the
Town of Rifle as the beneficiary/holder
thereunder,aswellastheContracttoProvide
Water Service and Pre-Annexation Agreement
for the Ranch.
lnfrastructure Phasing Requirements
Disclosures
Applicant shall include provisions in the RLDEIA
and add plat notes in the Exemption Plat'
requiring that no individual Lot sales shall t?f:
place unl"ss and until all road, drainage' water'
sewer, and electrical service is complete for the
pnrt"'in which such Lot sale is located'.,(See
pug" 18 of the Staff Report for the specific
, !! -s
County Position on County Road 23g Covenant Against Further Division or
Reconfigure of Lot 28
The end of county maintenance for county Road 233 is shown on theattache_d Location Map. As to aileged extensions of a pubric rignt-of-way to the north or east of that point, the Bocc takes no position.
Further, nothing herein or otherwise connected with the BOCC,sapproval of land use and development rights for the Tybar AngusRanch shall be deemed a waiver or discLimer on the part of tieBocc of claims or potentiar craims for public access or use rightsover and across those portions of the Ranch, shown on the LJcationMap and as may be shown on one or more of the Rural LandDevelopment Exemption plats for phases .r - 5, located north of theterminus of County road maintenance on CR23g. The Countyacknowledges that Applicants, on behalf of themselves and theirpredecessors in title, have testified that locked gates were installed onBanch boundary fencing in 1gg3, preventing putlic access onto theRanch along the south boundary, beyond tn-e'enO of County
maintenance on CR 233, and into the Ranch on lts norifrerri
So long as the Conservation Easement remains inplace, Lot 28 shall remain as one contiguous parcel
under single ownership. Applicant hereby covenants
and agrees that it shall not pursue or claim rights to
divide, subdivide or develop Lot 2g into two or more
parcels of land larger than 35 acres under the so-called"35-Acre Exemption" provided for in CRS Section 30_
28-101 (1OXb). This covenant and agreement shall beincluded in the CC&Rs as well as the Exemption plat
notes, and shall be binding on Applicant,s successors
and assigns.
Specific Exemption plat Notes
for Lot 9
Due to the fact that Lot g has been identified as
being subject to potentiat unstable slopes, a
specific Exemption plat note and a specific
provision in the CC&Rs shall require that a site
specific geotechnical report shall be submitted
as part of any building permit application for Lot
9.
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i
operoloC'AlunoC ptollree u! puel
prnilncpiv oAtlcnpord 1uwosord
sn6uV
qcuHieq^I
Open Space
o Preserve B0% of the 723 acre Angus
production ranch (588 acres) for
ag ricu ltural production .
E
Agricultural
Operations
o Continue to
retain, refi he,
and explore
the expansion
of the
agricultural
operations at
Tybar Angus
Field 11
1.8 ac.
Grazed Range
Ranch.
Cluster
Residential
nits
Cluster 4+ acre
residential lots
adjacent to
existing residential
areas adjoining the
ranch and outside
of the pri me
agricultural lands.
TlBar Angus Ranch
Rifle Property
Garfield County, Colorado
rlrdB BOCC Rdaacc Mep
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Access
Provide multiple
access points to
the Tybar project
from County Road
293 to the eastern
portion of the ranch
and from County
Road 233 to the
western portion of
the ranch.
TyBar An{us f,anch
Rifle Property
Garfleld County,
Context Map
F4'!r $i r /d B
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Ij
i
tor*13
p a€d *d (srl Ls,dNr&.b.i
Provide access to the Tybar eastern residential
area from County Road 293 as not to impact
the agricultural operations at Tybar.
Ty},?r Rpch r
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it
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Existing Tybar SE Access
County Road 293
I Llqrili:
::.:q-..'"*"f.'l " :-'{r *-"-/,; ' .-:rq'
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ll\,,,,ffi::$if'.L\:: W.Ie
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l-1\}".tfryin itj;sr€trt.r!:;t'i rtt'tt 'r.' '//
Provide access to the Tybar western
areafrom existing County Road 233
impact the agricultural operations at
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S
residential
as not to
Tybar.
Ranch SW Access
Emergency Access
o Provide emergency access through Tybar
Ranch utilizing existing agricultural roads
as not to conflict the agricultural operations
with a subdivision road
5$8.&I: Aerss
Emergency Access Easement
. Retain the emergency access easement at the
eastern edge of the property. The easement at
the end of the "Private Drive" will have
measures in place to prohibit use as an
alternative access. m,ru.*-d*.d;f-*$ffi *ti:-w*{ - L*n* ,( i i
County Road 233
The end of County maintenance for County Road 233
shown on the attached Location Map. As to alleged
extensions of a public right-of-way to the north or east
that point, the BOCC takes no position.
is
of
o Further, nothing herein or othenruise connected with the
BOCC's approval of land use and development rights
for the Tybar Angus Ranch shall be deemed a waiver or
disclaimer on the part of the BOCC of claims or potential
claims for public access or use rights over and across
those portions of the Ranch, shown on the Location
Map and as may be shown on one or more of the Rural
Land Development Exemption Plats for Phases 1 - 5,
located north of the terminus of County road
maintenance on CR233.
. . :,:::.PWm.
County Road 233
o The County acknowledges that Applicants, oh behalf of
themselves and their predecessors in title, have testified
that locked gates were installed on Ranch boundary
fencing in 1993, preventing public access onto the
Ranch along the south boundary, beyond the end of
County maintenance on CR 233, and into the Ranch on
its northern boundary.
**n*o"o**jrl?j#
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Tvbar Anous Ranch
Rural Land Development
Exernption
Conditions of Approval
Access to Southeastern Portion of
Project
Applicant shall improve the prim ary road access serving
the southeastern portion of the Ranch (Lots I through 27) to
a standard equivalent to Garfield County's Secondary
Access Road Standards. The road improvements shall
extend from the end of County maintenance on the
easternmost portion of County Road 293 and extend east
and north to the cul-de-sac serving the northernmost Lots
on the southeastern portion of the Ranch. All primary
access road improvements shall be coordinated with
appropriate Garfield County staff and the Rifle Fire
Protection District.
Emergency Access
Applicant shall provide emergency vehicle access to the southeastern
portion of the Ranch using the existing internal gravel-surfaced ranch
road. This internal ranch road extends south and east from the historic
"stone house," to and through the cul-de-sac serving the northernmost
Lots on the southeastern portion of the Ranch. (See attached Location
Map.) All emergency access road improvements shall be coordinated
with appropriate Garfield County staff and the Rifle Fire Protection
District. The emergency access road improvements shall be
constructed as part of the Phase 4 infrastructure work. The emergency
access road originally proposed for access to the southeastern portion
of the Ranch (located east of, and adjoining Lot 1B) shall not be a
requirement of this approval; however, Applicant shall retain all rights to
the use and enjoyment of such private easement agreement, and this
approval is not intended to eliminate or extinguish Applicant's rights to
such easement.
Fire Protection District
Approvals
Prior to recordation of the Exemption
Plat Map (the "Exemption Plat"),
Applicant shall obtain and deliver to
Garfield County staff Rifle Fire
Protection District's written
the fire protection systems
engineeri ng.
approval of
and road
Mineral Estate Exploration and
Development Plat Notes
Applicant shall add plat notes on the
Exemption Plat to make complete
disclosures concerning the potential
for mineral estate exploration and
development activities on the Ranch.
Wildfi re Hazards
Applicant shall include in the Rural Land
Development Exemption I mprovements
Agreement (the "RLDEIA") all
recommendations relating to mitigation of
wildfire hazards provided by Scott
Forrnby, forester, and included in the staff
report on pages 11and 12.
Weed and Dust Management
Applicant shall
weed and dust
RLDEIA.
include requirements
management in the
for
Phasing of I nfrastructure
Applicant represents and warrants that the
infrastructure development of the Ranch shall
occur in phases as described in Exhibit A of the
RLDEIA. No individual Lot sales shall take place
unless and until the infrastructure serving the
same is in place. Lots 1,7 and B are expressly
excluded from this requirement, as these Lots
currently have roads and utilities in place, except
that the cul-du-sac serving Lots 7 and 8 shall be
constructed prior to the sale of Lot 7 or Lot B.
I nfrastructure Phasing Requirements
Disclosures
Applicant shall include provisions in the RLDEIA
and add plat notes in the Exemption Plat,
requiring that no individual Lot sales shall take
place unless and until all road, drainage, water,
sewer, and electrical service is complete for the
phase in which such Lot sale is located. (See
page 1B of the Staff Report for the specific
language.)
l
Homeowners Association Formation
Prior to recordation of the Exemption Plat, Applicant shall
form a homeowners association to accept maintenance
responsibilities for all roads and utilities serving the
Ranch. ln addition, Applicant shall prepare and record a
set of covenants, conditions and restrictions (CC&R's) in
form and content acceptable to the County. The CC&Rs
shall incorporate all conditions of approval set forth
herein. The CC&Rs shall address the fact that Lots 1 ,7
and 8 will have different HOA obligations than the other
Lots, os utilities and roads are currently in place to serve
Lots 1 ,7 and 8.
Public Roadway Dedication for
County Road 233 & Separate
Documents for Private Easements
Shown on Exemption Plat
Applicant shall convey by special warranty deed to
Garfield County a 30'wide public road easement paralle!
to the south property line of the Ranch, adjacent to the
existing County Road 233 right of way. (See Location
Map.) ln addition, all private easements shown on the
Exemption Plat shall be documented in separate
easement grants or declarations that shall be recorded
simultaneously with the Exemption Plat.
t_
Execution and Recordation of
Conservation Easement
Simultaneously with recording the Exemption
Plat and all Garfield County related land use
documents, Applicant shall also execute and
record the Conservation Easement naming the
Town of Rifle as the beneficiarylholder
thereunder, as well as the Contract to Provide
Water Service and Pre-Annexation Agreement
for the Ranch.
County Position on County Road 233
The end of County maintenance for County Road 233 is shown on the
attached Location Map. As to alleged extensions of a public right-of-
way to the north or east of that point, the BOCC takes no position.
Further, nothing herein or othenrvise connected with the BOCC's
approval of Iand use and development rights for the Tybar Angus
Ranch shall be deemed a waiver or disclaimer on the part of the
BOCC of claims or potential claims for public access or use rights
over and across those portions of the Ranch, shown on the Location
Map and as may be shown on one or more of the Rural Land
Development Exemption Plats for Phases 1 - 5, located north of the
terminus of County road maintenance on CR233. The County
acknowledges that Applicants, oh behalf of themselves and their
predecessors in title, have testified that Iocked gates were installed on
Ranch boundary fencing in 1993, preventing public access onto the
Ranch along the south boundary, beyond the end of County
maintenance on CR 233, and into the Ranch on its northern
boundary.
Covenant Against Further Division or
Reconfigure of Lot 28
So long as the Conservation Easement remains in
place, Lot 28 shall remain as one contiguous parcel
under single ownership. Applicant hereby covenants
and agrees that it shall not pursue or claim rights to
divide, subdivide or develop Lot 28 into two or more
parcels of land larger than 35 acres under the so-called
"3s-Acre Exemption" provided for in CRS Section 30-
28-1 01(1OXb) This covenant and agreement shall be
included in the CC&Rs as well as the Exemption Plat
notes, and shall be binding on Applicant's successors
and assigns.
Specific Exemption Plat Notes
for Lot 9
Due to the fact that Lot t has been identified as
being subject to potential unstable slopes, a
specific Exemption Plat note and a specific
provision in the CC&Rs shall require that a site
specific geotechnical report shall be submitted
as part of any building permit application for Lot
9.
,..' j; ', '.;i .,"., :
- -tr i.lil'i:-.:r;2,.' r,i,lli /.--\
TyBar An[us [anch
Rifle Property
Garfield County, Color
Context Map
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TURGOOSE RA/VCH RURAL LAND DEVELOPMENT EXEMPTION PLAT
Situateinthe SEl/45D1/4 Section3 andinthe 51/2 Section 2 andinthe NWl/4N81/4 Section 1A,
Tousnship 6 South Range 93 West of the 6thP.M., Countg of Garfietd., State of Colorado
CNAPHIC SCilTisc#E=j=-:=i('x'e)
Lot Detail
7ffi;fi66Er
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Cowt! Il@d No. 291
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Lots il ** $
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Exhibits for Tybar Angus Ranch RLDOE Public Hearing for the BOCC held on January
14,2008 (re-set / renoticed for 2/19/08)
Mail
Proof of Publication
Garfield of 1978, as amended
Garfield ions of 1978, as amended
lication with S ement (11/7
Staff Memorandum
Mernorandum from the Road and Bn t dated 7105105
Letter from Steve dated 7105105
ffiFire Protection District dated 6/23lffi
Letter from the City of Rifle dated'pl2Zlp!
Easement Declaration
Letter from Resource En rine dated 7llll05
Email from Mountain Cross dated l/08/08
Minutes from the Commission Meeting (7 !3O1
Letter from Ben and Jil He dated January 8, 2008
10% Grade E Access Road (Profile View - Appliq*t)
l4Yo Ctrade Access Road (Plan View - Applicant'
Tybar Ranch Exhibit
ffid Title Guarantee Company dated 7-30-07
Letters of Authorization
New Exhibits for 2ll9l08
Letter from AVLT dated lll4l08
Lette" fro- the City of nine aatea ttt tlOS
G to Conditions of Approy4!-1ppqg!!
Packet from 's Attomey dated 2ll3l08
Email comments from Mtn. Cross rine dated 2ll5l08
Applicant) to ic conditions of approval.
ExhibitExhibit Letter
(Ato Z\
A
B
C
D
E
F
G
H
I
J
K
L
M
N
o
P
o
R
S
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EXHIBIT 1
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Fred Jarman
From: Chris Hale [chris@mountaincross-eng'com]
Sent: FridaY, February 15, 2008 5:58 PM
To: Fred Jarman
Cc: landstudio2@comcast.net; 'Chris Manera'
Subject: Tybar Ranch Review
Fred:
I have reviewed the Tybar plans and have the following comments:
- A portion of the water system is to be operated and maintained by_ the City of_Rifle, the other portion will
noi. Provisions should be made within the CC&Rs to make the HOA aware of these responsibilities.
- No comments were made to the water system. Water system design should be reviewed and approved
by the City of Rifle.- The roads all appear to conform to Garfield County standards.
- The easement at the end of the "Private Drive" should have measures in place to prohibit use as an
alternative access.- No information was reviewed concerning ISDS or storm drainage.
Feel free to callwith any questions or comments.
Sincerely,
Mountain Cross
Engineering, Inc.
Chris Hale, P.E.
826112 Grand Avenue
Glenwood Springs, CO 81601
Ph: 970.945.5544
Fx: 970.945.5558
EXHIBTTiZ
TYbar Angus Ranch
Davies Mesa Rural Land Development Application
Conditions of APoroval
l. Access to Southeastern Portion of Project. Applicant shall improve the primary
road access ,"*ing th" soffi-"att.- portion of the Ranch (Lots 9 through 27) to a standard
"qriuutert
to Carflta County's Secondary Access Road Standards. The road improvements
shall e*end from the end of-County main-tenance on the easternmost portion of County Road
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^aextend
east and north to the cul-de-sac serving the northernmost Lots on the
,outrr"*t"- portion of the Ranch. (See attached Location Map') All primary access road
irrrp.ou"rn.nt, shall be coordinated with appropriate Garfield county staffand the Rifle Fire
Protection District.
2.EmergencyAccess.Applicantshallprovideemergency^vehicleaccesstothe
southeastern portio, of fr! nu*f, using the existinginternal gravel-surfaced ranch road' This
intemal ranch road extends south and Jast from the historic "stone house," to and through the
cul-de-sac serving the northemmost Lots on the southeastern portion of the Ranch. (see attached
Location Map.) All emergency access road improvements shall be coordinated with appropriate
Lt,*i'., ! ^" -""
c#,eta co"nty staffand-the Rifl" nit" Protection District' The -emp-rgp-nqy*apgpsslaad
The emergency
"*"* -"d *rgioutty ptop*a f* access to the southeastem portion of the Ranch (located east
"i, *a adjoinin'g r,oi fsl ,hull not be a requirement of this approval; however, Applicant shall
reiain all iightt to the use and enjoyment of such private easement-agreement, and this approval
is not inteied to eliminate or extinguish Applicant's rights to such easement'
3. Rifle Fire Protection District Approvals' Lri-orle ressdalian-sftbc-Expmpliqn
ptutlraup r*,.,@ant stitt obtain and deliver to Garfield countv staff
;ttfl" Fil. P."t*tign bi$i"th *riuin approval of the fire protection systems and road
engineering.
4. Mineral Estate Exploration and Development Plat Notes. Applicant shall add p-lat
notes on the Exernptio, ptut to .I*mplete disclosures concerning the potential for mineral
estate exploration and development activities on the Ranch'
5. wildfire Hazards. Applicant shall include in the Rural Land Development
Exemption Lpror.rn.nt, Agr"r..ni (ttt. "RLDEIA") all recommendations relating to
;;ig;i". of *itafre hazardl provided by Scott Formby, forester, and included in the staff
report on pages 1 I and 12.
6. Weed and Dust Management. Applicant shall include requirements for weed and
dust management in the RLDEIA'
T,Phasingoflnfrastructure.Applicantrepresentsandwarrantsthatthe
infrastructure a"rr"top.*t of *,. nu*n snat occur in phases as described in Exhibit A of the
RLDEIA. No individual Lot sales shall take place unless and until the infrastructure serving the
same is in place. Lots l, 7 and 8 are expressly excluded from this requirement, as these Lots
currently have roads and utilities in place. except that the cul-du-sac serving Lots 7 and 8 shall be
constructed prior to the sale of Lot 7 or Lot 8,
8. Infrastructure Phasing Reouirements Disclosures. Applicant shall include
provisions in the RLDEIA and add plat notes in the Exemption Plaq requiring that no individual
Lot sales shall take place unless and until all road, drainage, water, sewer, and electrical service
is complete for the phase in which such Lot sale is located. (See page 1 8 of the Staff Report for
the specific language.)
9. Homeowners Association Formation. Prior to recordation of the Exemption Plat
Applicant shall form a homeowners association to accept maintenance responsibilities for all
roads and utilities serving the Ranch. In addition, Applicant shall prepare and record a set of
covenants, conditions and restrictions (CC&R's) in form and content acceptable to the County.
The CC&Rs shall incorporate all conditions of approval set forth herein. The CC&Rs shall
address the fact that Lots 1. 7 and 8 will have different HOA obligations than the other Lots. as
utilities and roads are currently in place to serve Lots 1. 7 and 8.
Deleted:.
10. Public Roadway Dedication for Countv Road 233: Separate Documents for .
P-riyats-Easculenls-Shp-u-o*u-Exemp-tiqn-Plat-Applicant shall c-qnYe)'*by-s.pecial-wa[a-n$j-.dced
Jq qarfig!_q gqunty ? _191yldp p!,!lis rqe{ 9as9m9.41 p?lqllql tq t!'e qq+@ plepgrty Jing sf th9
Ranch, adjacent to the existing County Road 233 right of way. (See Location Map.) in addition.
ail private easements shown on the Exemption Plat shall be documented in separate easement
grants or declarations that shall be recorded simultaneouslv with the Exemption Plat.
1 I . Execution and Recordation of Conservation Easement. Simultaneously with
recording the Exemption Plat and all Garfield County related land use documents, Applicant
shall also execute and record the Conservation Easement naming the Town of Rifle as the
beneficiary/holder thereunder, as well as the Contract to Provide Water Service and Pre-
Annexation Agreement for the Ranch.
12. County Position on County Road 233. The end of the county maintenance for
County Road 233 is shown on the attached Location Map. There are no records of roadway
dedications or established public rights-of-way extending north or east of the end of County
maintenance. The County acknowledges that Applicant and Applicant's predecessors in title
have maintained locked gates on the Ranch and have not permitted public access beyond the end
of County maintenance on County Road 233. Notrvithstanding the forgoing, nothing herein shall
be deemed a waiver or disclaimer on the part of the County of claims or potential claims for
public access or use rights over and across those portions ofthe Ranch located north ofthe
terminus of County road maintenance on County Road 233.
13. Covenant Against Further Division or Reconfigure of Lot 28. So long as the
Conservation Easement remains in place, Lot 28 shall remain as one contiguous parcel under
single ownership. Applicant hereby covenants and agrees that it shall not pursue or claim rights
to divide, subdivide or develop Lot 28 into two or more parcels of land larger than 35 acres
under the so-called "35-Acre Exemption" provided for in CRS Section 30-28-101(lQXb).- &1S
covenant and agreement shall be included in the CC&Rs as well as the Exemption Plat notes.
and shall be binding on Applicant's successors and assigns.
14. .Specific Exemption Plat Notes for Lot 9. Due to the fact that Lot t has been
idlentified as being_subject to potential unstable slopes. a specific Exemption Plat noje and a
ipeiific provision in the CC&Rs shall require that a site specific geotechnical report shali be
submitted as part of any building permit application for Lot 9.
Formatted! Underline
Formatted: Font: 8 pt
Deleted: 3828441_1.Doc
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