The URL can be used to link to this page

Home My WebLink About1.0 ApplicationPeterson Right-of-way Vacation Garfield County L&E Review/ Right-of-way Vacation Application Final Submitted by: James D.and Hensley R. Peterson Prepared by: TG Malloy Consulting, LLC Date: September - 2016 Peterson Ranch and Coulter Creek Valley Ranch Application for Vacation of a County Road or Public Right-of-Way and Location & Extent Review - Final Garfield County, Colorado August 9, 2016 Prepared for: James D. and Hensley R. Peterson P.O. Box 1714 Aspen, Colorado 81612 and Coulter Creek Valley Ranch, LLLP James D. Peterson, General Partner P.O. Box 1714 Aspen, Colorado 81612 Prepared by: Tim Malloy TG Malloy Consulting, llc 402 Park Drive Glenwood Springs, Colorado 81601 Phone 970-945-0832 tim@tgmalloy.com Peterson Right-of-way Vacation August 9, 2016 2 402 Park Drive ▪Glenwood Springs ▪Colorado ▪81601▪P:970.945.0832 ▪F:970.945.0833 ▪E:tim@tgmalloy.com List of Exhibits Exhibit 1:Application Form Exhibit 2:Ownership Documentation Exhibit 3a:Peterson Letter of Authorization Exhibit 3b:CCVR Statement of Authority and Letter of Authorization Exhibit 4:Pre-application Conference Summary Exhibit 5:List of Adjacent Property Owners & Mineral Rights Information Exhibit 6:Vicinity Map Exhibit 7:Site Plan Exhibit 8:Aerial Map Exhibit 9:Utility Company Letters Exhibit 10:Fire District Email Exhibit 11:Title Commitments Exhibit 12: Deed of Conservation Easement (Peterson Ranch) Exhibit 13: AVLT Letter Exhibit 14: Resolution No.: 2010-39 Exhibit 15: Site Photographs Peterson Right-of-way Vacation August 9, 2016 3 402 Park Drive ▪Glenwood Springs ▪Colorado ▪81601▪P:970.945.0832 ▪F:970.945.0833 ▪E:tim@tgmalloy.com DESCRIPTION OF REQUEST/BACKGROUND This application is being submitted on behalf of Coulter Creek Valley Ranch, LLLP (CCVR) and James D. and Hensley R. Peterson (Applicants). James and Hensley Peterson own a 78-acre parcel located at the end of County Road 121 on Missouri Heights, which will be referred to as the Peterson Ranch (see Vicinity Map – Exhibit 6). They are also part of a family partnership (Coulter Creek Valley Ranch, LLP) that owns a 1,271-acre parcel that adjoins the Peterson Ranch (CCVR Parcel). The right-of-way, which is the subject of this application, straddles both parcels. The purpose of the right-of-way vacation being requested at this time is to address a condition which was not fully resolved by a prior right-of-way vacation action that was approved by the County in 2010 (see Resolution No. 2010-39 – Exhibit 14). At that time, the Applicants requested vacation of the portion of what is referred to as the 1904 Ralston ROW, which was located on land for which they were the sole owners (78-acre Peterson Ranch). During the review of the 2010 application, it was pointed out that the vacation proposed at that time would result in there being a remaining segment of the Ralston ROW that extended onto the adjacent property owned by the CCVR family partnership. Revising the application to include the CCVR ownership documentation and other required information related to the remaining segment of the Ralston ROW would have been a significant setback in the application review process. To avoid any delay, the Applicants elected to dedicate additional right-of-way to connect the remaining Ralston ROW on the CCVR land with other right-of-way that was being dedicated for the in-place County Road 121. This additional right-of-way is referred to as the “Connector ROW” in the 2010 documents and on the attached Site Plan (Exhibit 7). The right-of-way, which is the subject of this application, is divided into two parts; the remaining 1904 Ralston ROW and the Connector ROW. These ROW segments are depicted with colored highlighting on the attached Site Plan (Exhibit 7) and on the Aerial Map (Exhibit 8). They will be referred to collectively as the “subject right- of-way” in this application. The green highlighted segment on Exhibits 7 and 8 is the remainder of the Ralston ROW while the orange segment is the Connector ROW. The segment highlighted in blue on Exhibit 7 is the portion of the Ralston ROW which was vacated in 2010. The right-of-way established in 2010, which is based on the in- place location of County Road 121, is also depicted on the Site Plan and is labelled “Replacement ROW.” The segment of the Ralston ROW to be vacated begins at the northern property boundary of the Peterson Ranch and extends approximately 900 feet onto the CCVR parcel before terminating in a pasture used for cattle grazing. There is no visible trace of a roadway having ever been constructed anywhere within the Peterson Right-of-way Vacation August 9, 2016 4 402 Park Drive ▪Glenwood Springs ▪Colorado ▪81601▪P:970.945.0832 ▪F:970.945.0833 ▪E:tim@tgmalloy.com Ralston ROW segment. Nor was there any trace of a roadway within the Ralston ROW when the Peterson family purchased the property in 1973. There are mature Scrub Oak trees and other vegetation located within the right-of-way. An existing irrigation ditch which runs along the west side of the pasture meanders in and out of the right-or-way. The ROW does not provide access to any other adjacent property, public right-of-way nor any public lands. Photographs of the Ralston ROW segment are provided in Exhibit 15 (see photos 4, 5, 6, 7 and 10). The Connector ROW is located just inside the northern boundary of the Peterson Ranch parcel. The land within the Connector ROW is part of a steep vegetated slope located below an existing two-track road (see Exhibit 8). There is no roadway nor any other improvements located within the Connector ROW due to the steep slope and existing vegetation. There is not currently, nor has there ever been, a roadway located within the Connector ROW. As mentioned previously, this short segment of right-of-way was dedicated to the County by the Applicant’s in 2010 to resolve a procedural complication with a separate right-of-way vacation that was in process at that time. Had the entire length of the Ralston ROW been vacated in 2010, the Connector ROW would not have been needed. There is an existing two-track ranch road (Ranch Road), which dead ends at the point where the remaining Ralston ROW segment begins as shown on the Site Plan (also see photographs 8 and 9 in Exhibit 15). This Ranch Road is located to the north of the Connector ROW on the adjacent CCVR Parcel. The Ranch Road provides access to the pasture through which the remaining Ralston ROW passes and serves no other purpose. The Ranch Road dead ends at the pasture. SUBMISSION REQUIREMENTS The following are lists of the submission requirements for both the requested Location & Extents and Vacation of Public Right-of-Way reviews. The first eight items on these lists are required for both applications. To eliminate duplication and reduce paper waste we have provided only one copy of the referenced exhibits. Location and Extents Review (Section 4-203 (B) and (D)) 1)Application Form…Exhibit 1 2)Ownership Documentation…Exhibit 2 3)Statements of Authority and Letter of Authorization…Exhibits 3a and 3b 4)Fee Payment and Payment Agreement Form…Provided at Submission 5)Pre-application Conference Summary…Exhibit 4 6)Adjacent Property & Mineral Rights Owners…Exhibit 5 (see Note 1 below) 7)Vicinity Map…Exhibit 6 8)Site Plan…Exhibit 7 (see Note 2 below) Peterson Right-of-way Vacation August 9, 2016 5 402 Park Drive ▪Glenwood Springs ▪Colorado ▪81601▪P:970.945.0832 ▪F:970.945.0833 ▪E:tim@tgmalloy.com 9)Statement addressing compliance w/review criteria in Section 4-111(c)… See Review Criteria – Location and Extents Review Section. Vacation of a Public Right-of-Way (Section 4-203(B), 4-203(D) and 4-302) 1)Application Form…Exhibit 1 2)Ownership Documentation…Exhibit 2 3)Statements of Authority and Letter of Authorization…Exhibit 3a and 3b 4)Fee Payment and Payment Agreement Form…Provided at Submission 5)Pre-application Conference Summary…Exhibit 4 6)Adjacent Property & Mineral Rights Owners…Exhibit 5 (see Note 1 below) 7)Vicinity Map…Exhibit 6 8)Site Plan…Exhibit 7 (see Note 2 below) 9)Aerial Map…Exhibit 8 10)Description of Current Conditions…See Description of Request/Background 11)Utility Company Letters…Exhibit 9 12)Fire District Letter…Exhibit 10 13)Statement of Established County Road…See Review Criteria Section 14)Title Opinion…Exhibit 11 15)Statement Re: Access to Public Lands…See Review Criteria Section 16)List of Property Owners Adjacent to Subject Right-of-Way…Exhibit 5 17)Right-of-Way Dedication Agreement…Not Applicable 18)County Road Improvements Agreement…Not Applicable 19)Statement addressing compliance w/review criteria in Section 4-108(C)… See Review Criteria – Vacation of Public Right-of-Way Section. Note 1: Adjacent Property Owners: The only property owners within 200 feet of the subject right-of-way are the Applicants and Garfield County (as the owners of the right-of-way for County Road 121). The names and addresses of the Applicants have been provided in Exhibit 5 as has the address for the BLM as the sole mineral rights owner for the surrounding properties owned by the Applicants. Note 2: Site Plan Contents: Section 4-203(D) of the Garfield County Land Use and Development Code (LUDC) identifies the required scale and contents for site plans for most, if not all, land use application types. This list contains many requirements related to the location and configuration of proposed buildings, roads and other improvements; existing and proposed easements; total square footage of existing buildings, driveways and parking areas; proposed grading; existing and proposed utilities; location and size of wells; and other information which is appropriate for projects where development is contemplated. Since this application deals only with the vacation of unused right-of-way and does not involve the development of any structures, roads, utilities or any other improvements, the Site Plan provide in Peterson Right-of-way Vacation August 9, 2016 6 402 Park Drive ▪Glenwood Springs ▪Colorado ▪81601▪P:970.945.0832 ▪F:970.945.0833 ▪E:tim@tgmalloy.com Exhibit 7 has been simplified to contain only the information pertinent to the requested right-of-way vacation. REVIEW CRITERIA - LOCATION AND EXTENTS REVIEW (Section 4-111(C)) Compliance with the Applicable County Master Plan The only criteria for location and extents review under Section 4-111(C) of the Garfield County LUDC is general compliance with the Garfield County Comprehensive Plan 2030 (Comp Plan). Compliance with the applicable goals and policies is addressed in the following paragraphs. Chapter 2 – Future Land Use The Future Land Use Chapter of the Comp Plan establishes the broad land uses and density (number of units/acre) for future development within the County. Since this application is not seeking approvals for development, but rather the vacation of unused right-of-way, this chapter of the Comp Plan provides relatively little guidance. However, it’s helpful to consider whether significant development is contemplated in the surrounding area that might benefit by retaining the subject right-of-way. This issue is addressed in the following paragraphs. Response: The Future Land Use Map (FLUM) reflects that the 78-acre Peterson Ranch as has been preserved through a conservation easement. The recorded Deed of Conservation Easement (DOCE) for the Peterson Ranch, which is held by Aspen Valley Land Trust (AVLT), limits future use of the property to agriculture (except for commercial feed lot, tree farms, or sod farms, which are prohibited), wildlife habitat, and rural residential uses (including replacement, improvement, remodel, expansion or demolition of the existing residential buildings located within a 5-acre building envelope that surrounds the existing residence). A copy of the DOCE is included as Exhibit 12. AVLT has reviewed the proposed right-of-way vacation and has provided a letter indicating that they have no problem with vacation of the Connector ROW, which is located within the area covered by the conservation easement. A copy of the letter is included as Exhibit 13. The adjoining CCVR Parcel is identified on the FLUM as Low Density Residential (10+ Ac/DU). However, the Comp Plan expresses a preference for future development to occur within the urban growth areas (UGA) of exiting towns, or in areas where urban level services exist. The subject properties are located in a remote area of the County and do not meet these criteria. Both parcels are zoned “Rural” and the surrounding lands are zoned “Rural” and “Public Lands.” These are among the most restrictive zone districts in the County. The Public Lands zone is reserved for lands which are owned by government entities. The uses, densities, and standards Peterson Right-of-way Vacation August 9, 2016 7 402 Park Drive ▪Glenwood Springs ▪Colorado ▪81601▪P:970.945.0832 ▪F:970.945.0833 ▪E:tim@tgmalloy.com established for the Rural Zone District are intended to protect the existing character of the area from uncontrolled and unmitigated residential, commercial, and industrial use. As a result, there is no significant development in the surrounding area. The Applicants have no plans to further develop either of the subject properties, and even if they did, vehicular access and circulation would have to be addressed, along with many other issues, through a land use change application before any development would be permitted by the County. Further, the Applicant’s existing residence is located just south of the subject right-of-way making this alignment undesirable for access to the CCVR Parcel in the event development were to occur. Chapter 3 - Plan Elements The following paragraphs address compliance with specific applicable goals and policies contained in the Plan Elements Chapter of the Comp Plan. Actual text from the Comp Plan is highlighted in bold and italics. Section 1 - Urban Growth Areas and Intergovernmental Coordination Goal 4: Retain rural character outside of UGA limits. Response: As stated above, the subject properties are located in a remote area of the County and not within any UGA. One of the properties has been conserved and the Applicants plan to maintain the adjoining CCVR Parcel in its current rural character consistent with this policy. As a result, there is no reasonably foreseeable development for which access along the subject right- of-way would be needed. Section 3 - Transportation Policy 4: County road extensions will be prioritized based on the following criteria: ·Logical extension of existing roadway. ·Presence of existing land uses adjacent to the project. ·Consistent with future land uses based on the comprehensive plan and the county zoning regulations. Response: This policy is cited to illustrate the point that there is no support in the Comp Plan for the County to develop a road within the subject right-of-way. The existing County Road 121 alignment, which runs parallel to, and approximately 300 feet west of the Ralston ROW, already adequately serves the surrounding properties. Existing land uses in the surrounding area are primarily agricultural and rural residential and generate minimal traffic. Peterson Right-of-way Vacation August 9, 2016 8 402 Park Drive ▪Glenwood Springs ▪Colorado ▪81601▪P:970.945.0832 ▪F:970.945.0833 ▪E:tim@tgmalloy.com Strategic Action 2: Focus infrastructure improvements (and road maintenance) in a cost effective pattern, in areas where growth is appropriate. Response: Developing and maintaining a roadway within the subject right-of- way would be impractical, highly inefficient and not cost effective for the reasons provided in the response to Policy 4 above. Growth is not anticipated on the CCVR property and the policies of the Comp Plan make it clear that significant growth in the surrounding area is not appropriate at this time. In addition, the land within the Connector ROW is encumbered by steep slopes and mature vegetation making construction of roadway impractical. While this right-of-way segment was dedicated as recently as 2010, it’s clear that construction of a roadway within it was never intended. Section 8 - Natural Resources Goals: 1.Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected and/or impacts mitigated. Response: The proposed right-of-way vacation would allow the land within the right-of-way to remain as undisturbed pasture for the foreseeable future. This would avoid significant land disturbance, construction noise and other short- and long-term impacts associated with the development and use of roadways. Review of the Aerial Map and the photographs in Exhibit 15 shows that there are mature Scrub Oak trees and other mature vegetation that would be destroyed if a roadway were to be constructed within the subject right-of-way. According to the Colorado Parks and Wildlife Department – Species Activity Database, the land surrounding the Ralston ROW is mapped for several wildlife habitat types. Some of the habitat types that encompass the subject right-of- way are listed below: ·Elk Overall Range; ·Elk Summer Range; ·Elk Winter Range; ·Elk Severe Winter Range: ·Mule Deer Overall Range; ·Mule Deer Summer Range. Approving the requested right-of-way vacation would eliminate the potential for the construction of a roadway which could impact the quality of the existing habitat in the area. Peterson Right-of-way Vacation August 9, 2016 9 402 Park Drive ▪Glenwood Springs ▪Colorado ▪81601▪P:970.945.0832 ▪F:970.945.0833 ▪E:tim@tgmalloy.com REVIEW CRITERIA – VACATION OF PUBLIC RIGHT-OF-WAY (Section 4-108(C)) The following paragraphs address compliance with the review criteria for the vacation of a public right-of-way as identified in Section 4-108(C) of the Garfield County Land Use and Development Code (LUDC). Actual text from the LUDC is highlighted in bold and italics. 1.The subject County road or public right-of-way does not provide any access to public lands (for the purpose of this subsection, public land shall mean any property owned by the Federal government or the State of Colorado). 2.The subject County road or public right-of-way does not abut or connect to any property, including any easement owned by the Federal government, State of Colorado, municipality, County, or special district, where such property or easement constitutes a public park, recreational area, or trail. 3.The subject County road or public road right-of-way is not currently used nor will it be used in the future for any County road or public right-of-way purpose unless the BOCC makes a specific finding that a satisfactory alternative route for the existing or future County road or public right of way purpose is available or will be provided. Response:The subject right-of-way terminates on private property and does not provide access to any adjoining property, public or otherwise. Nor does the subject right-of-way connect to any other right-of-way or easement of any kind. There are no publicly owned parks, recreation areas or trails in the vicinity of the subject right-of-way and, to the Applicant’s knowledge, none are planned. The Ralston ROW segment shows no sign of a roadway ever having been constructed within it. While the Connector ROW was dedicated in 2010, there is not now, nor has there ever been, a roadway constructed along this alignment. In fact, the steep slopes along the alignment make it extremely impractical to construct a roadway within the Connector ROW. Further, there is no public purpose for this segment since it terminates at the Ralston ROW which terminates on private property. It’s important to note that the Connector ROW was dedicated solely for the purpose of not leaving the remaining segment of the Ralston ROW disconnected from any other public road or right-of-way. County Road 121, which is located a few hundred feet west of the subject right- of-way, provides public access up to the property boundary between the Peterson Ranch and the adjacent CCVR Parcel. Beyond this point, County Road 121 turns into a one-lane unimproved road that provides access, through various recorded easements and/or prescriptive rights, to lands owned by Jim and Sharon Nieslanik, LLP; Crystal River Ranch Co, LLP; and Consolidated Reservoir, Inc., as well as CCVR, LLLP. Peterson Right-of-way Vacation August 9, 2016 10 402 Park Drive ▪Glenwood Springs ▪Colorado ▪81601▪P:970.945.0832 ▪F:970.945.0833 ▪E:tim@tgmalloy.com OTHER TOPICS FROM SUBMISSION REQUIREMENTS (Section 4-302) The following additional item is required to be addressed pursuant to the submission requirements for the vacation of a public right-of-way under Section 4-302 of the LUDC. 3-302(A)(2) - A description of the current condition of the road or right-of-way, a Traffic Analysis of current uses, a description of any gates placed upon the road or right-of-way, a description of the current and historic uses of the roadway, and the position of the Applicant concerning continued use of the roadway for non-motorized public use. Response:A description of the current condition of the subject right-of-way was provided in the Background section of this application. Since there is no public use of the subject right-of-way and no traffic-generating use that is served by the right-of-way, no traffic analysis has been provided. Further, there is currently no roadway, nor has there ever been a roadway, within the subject right-of- way. The current and historic use of the land within, and adjacent to, the Ralston ROW is agriculture, more specifically, grazing pasture. The Connector ROW is located just behind and up the hill from the existing Peterson residence. The two-track working road provides access to the pasture on the adjacent CCVR parcel and has been used for this purpose at least since the Applicant’s purchased the property in 1973. Regarding continued use of the subject right-of-way for non-motorized public use, the Applicant’s do not plan to allow such use and it would be of no benefit to the public since the subject right-of-way terminates on private property and does not connect to any other public land, public right-of-way or trail. As shown on Exhibit 8, there is a gate (Gate 1) across County Road 121 near the point where the access drive for the Peterson residence intersects with the County Road. This gate is typically left open to allow access to the privately- owned lands located further to the north and because the public right-of-way for County Road 121 continues beyond this gate. However, there is another gate (Gate 2), which is located just beyond the point where County Road 121 crosses the property boundary between the Peterson Ranch and the CCVR Parcel. The boundary between the Peterson Ranch and the CCVR Parcel is also the point where the dedicated public right-of-way for County Road 121 ends and the one-lane unimproved road continues on. Gate 2 is typically closed since the dedicated public right-of-way ends just before the gate. As shown in the photographs in Exhibit 15 (Photos 1–3), County Road 121 narrows and the grade increases sharply after Gate 1. In addition, there is currently not enough Peterson Right-of-way Vacation August 9, 2016 11 402 Park Drive ▪Glenwood Springs ▪Colorado ▪81601▪P:970.945.0832 ▪F:970.945.0833 ▪E:tim@tgmalloy.com room to turn a vehicle around at the point where the public right-of-way ends near Gate 2. However, there is ample room to turn a vehicle around at the point where the driveway to the Peterson residence T’s into County Road 121. For these reasons, the Applicants suggest that a sign be placed at this location informing motorists that this is the last opportunity to turn around. Should the County agree, the Applicants are willing to pay for this sign and to work with the County staff regarding the most appropriate wording and location for the sign. EXHIBIT 1 Application Form EXHIBIT 2 Ownership Documentation ; ·' ' ' f•rm 184. WAIUUINTl' DI"I"D. ,. .. ~-.... --.......... o. No. :w,a&o STATE OF COLORADO,} County orA¥-&.[ ss. 1Ibts IDeeb, ];!""" "'' _;;_~ ''"~==~ in ths year of our Lord on& thousnud nine hundred a.ndL7,LwjF"'""'-"==-o. ======~between !hna,!IZ G?a !,t;,, /l I hl'ltuby O<'rtify that thia iuatra- of ~il ~11nty oL~A;'fl.A~· ~,~L~~ic/~.cOf",=="';f=""====, snd f?tBt... of Colorado, of th& fitBt p!\t' au~ .tifL ff< ' .! (; tlc -/c ,fn ,, .J ' . went wu~ filed for record iu my office . -----------------·-------------.------·---------~---·--·-·----~=-~-=- ---------~------- _____ .. -_ _, __ _ STATE OJii' COLORADO, t /1 __1, II J 1 Cou~nor~-i;<df \"· I, 9f/Yn.Jo/(dat:::!! tf.1:J:)~ In and for said Oo: y~ in th& Stat... dors•aid, dD hcrebycertif~ lhnt..., --- --w=, ------- G!Yen under my bnnd nwl eeul thla ~·lou EipiiBB 7 "·40 ' P. I' "Q J.G7." '·· ... ,_..· -···., Recorded aL..1 .. " .............. o clock ....... •.M, ................... :.R.Y. .. -' ...... .::< •• ..<.................... '• Book 445 . 258514 Ella Stephens, Page 131 Reception No............................. ·····················································-··················-Recorder. RECORDER'S ST~MP THIS DEED, Made this 4th , day of May MAY ;:J 0 1973 19 7 3 , between STAT£ UDGUioiE/iiAfiY fEl PAT B. CORYELL and ADELINE CORYELL ;Jo,oo S.-·.··-·······~·~-.~······-······-of the County of Garfield and State of Colorado, of the first part, and • JAHES D. PETERSON and HEATHER !1. PETERSON of the County of ' Pit kip. and State of Colorado, of the second part; I •. I • ' . . WITNESSETH, That the said part i e s of the first part, for and in consideration of the sum of . . .· ----'---Three Hundred Thousand and Ho/100-------"------------DOLLARS, • • • • • to the said part i e 8 of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have. granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said part ies of the second part, theiheirs and assigns forever, all the following ~~scribed Jot or parcel of land, , situate, lying and being in the County of Garfield and State of Colorado, to-wit: The SE.\Nw\ I the sw>~;NE\ I NW\SE\ I SW\NW\ I ·au of Lot 1, Lot 2 I .and Lot 4 I all in Section 32, Tp. 6 S., Range 87 West of the 6th P.H. The N":;:NW\pf Section 32, Tp. 6 S., Range 87 West of the 6th P.M. All that part of the SH\NE\ and the W)zSE\ of Section.29 and all that part of the NW\NE\ and the E)zNE\ of Section .32, all in Tp. 6 S. , Ran e · 87 Hest of the· 6th P.M.,· Garfield County, Colorado, lying Hesterly o the following described line: · Beginning at a point on. the Southerly line. o:E: the E)zllE\ of sa d Section 32 whence the East Quarter Corner of said Section 32 bears S. 89°50' E. 1323.30 feet; thence N. 02°09' E. 740.92 feet to a poin on a fence as constructed and. in place; thence N. 02°22' E. 591.97 f et along said fence; thence N. 01°08' H. 347.62 feet along said fence; thence N .. 49°16' W. 527.03 feet along said fence: thence N. 15°55' H 567.57 feet along said fence; thence N. 51°32' E. 209.89 feet along said fence; thence N. 22°15' E. 553.87 feet along said fence; thence N. 35°48' W. 474.23 feet along said £ence; thence N .. 17°23' H. 450. 9 feet along said fence; thence N. 48°52' H. 229.37 feet along said fe ce; thence N. 24°31' H. 784.06 feet along said fence; thence N. 01°18' W 300.28 feet. along said fence; thence N. 14°51' W. 724.92 feet along said fence; thence N. 34°06' E. 550.43 feet along said fence to its intersection 'vith a fence running East and West; thence N. 34°06' E. 313.23 feet to the Northerly line. of the SH\NE\ of said Section 29. Together with any and all ditch and water rights belonging to, used upon or in connection with the ~bove described property. Except a strip of land bounded and described in a warranty deed date October 3, 1904 from Amos Ralston to the Board of County Gommissi.one s of Garfield County, recorded as Document No. 30260 in Book 64 at pag 73, on January 5, 1905, as follows: Beginning at a point on the lin to Lots 1 and 3 Section 32, Tp. 6 S., R. 87 H., 6th P.M., 'vhence the SH corner Sec. 32, in said Township .bears South 55 o 33' H. 2626 feet, thence N. 39°18' E. 178 ft. to a point, thence N. 31°00' E. 621.4 feet to a point, thence South 82°14' E. 401.7 ft. to a point, thence N. 18°52' E. 1St ft. to a .point, thence North 19°30' H. 390 ft. to a point, thence N. 46°14' E. 460 ft. to a point, thence N. 81°52' E. No. 832. w .\,RRANTY DEED.-D,.dforo Publlobln•l Comnonx 1824-48 sow I Simi Donn,, llor-ado--1·73 i ~4c .. k: q . · • · 'Book 445 ·' Page· 132 210ft. to a point, N. 31°12' W. 252 ft. to a point, thence N. 14'0 44 W. 296 ft. to a point, thence N. 10°10' W. 310 ft. to a point thenc N. 29°50' E. 348 ft. to a point on the center of the county r~ad as now upon the ground, ·and leading Southwesterly to the "Fisher Ranch" comprising an area of 5.05 acres more or less, and being a strip of land 60 feet in width, for county road purposes. ' 'J;'OGE'rHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and 'reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part either in law or equity, of, in and to the above bargained premises, with ' . the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurte- nances unto James D. Peterson and Heather M. Peterson the said part ies of the second part, th;irheirs and assigns forever. And the said Pat B. Coryell and Adeline Coryell part i e s of the first part, for them selves/ IJJ!f~rexecutors and admini~trators, do covenant, grant, bargain and agree to and with the said parties of the second part,theirheirs and assigns, that at the time of the ensea!ing and delivery of these presents they are well seized of the premises above con- veyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in Jaw, in fee simple, . . . 1 and have good right, full power and lawful authority:_to grant, barga_iii, .sell l!:~d ~orrveythe same in . 'i ' ', . manner ami form aforesaid, and that the same are free and clear from all for~e_l,' ,and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, exc p t 'r .. I " . Boo~ 445 Page 133 general taxes for 1973, reservations and exceptions contained in the United States Patent, and any and all existing rights-of-way and easements of record of a public or private nature, and without limiting the foregoing, and the effect of road viewers report re- corded July 27, 1904 in Road Record No. 1 at page 131 as Document No. 29712, ". and the above bargained premises in the quiet and peaceable possession of the said parties of the second part; theiiJ.eirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties. of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands .and seal s · the day and year first above written. '"""· ''"'' ••• "'"~••'" ,,_,.,. ~~~-</~ .............. [SEAL] ............................................................................ [SEAL] .. /J.d.'!!:~~!!..~ .... {t,ar.ij..~././... ......................... [SEAL] ~A~~~LU;.~~~.>.t.~ .... t!.ot..~#:ll.. ........... [SEALJ ••••••••••••••••••••"•••••••••••••••••••••••••o•••••••••••••••••••••••••uo 1/.kll· STATE OF COLORADO, } ss . .................. County oL ... Gar.fi.e.ld .................. . The foregoing instrument was acknowledged before me this 4th dayof May 1973 , by* Pat B. Coryell and Adeline Coryell -<~)fi~;~~~lon expires 9-th~/~ /9 7 ~ / ~:.·;~.:/~~j:~.'~an. d and official seal. ~· ·. . . . . . . · ~ -{;:~a·~~w;; § · · . ·. g~ ~-~"~'111f,~.,$1 :~9,l,:,:~ f @ . ~ . ·:-• ...... \'''·pU·a.,,., ... , .. -Jl"'-··· ~-'1//.11,. ~ .. ~ -. ·, .. • >·; { lil'\J ''C ' ' . -.. • ............ , ........ rP-.~7.. .· ""'"""""""' "" ..... .. .......... .. • ' . )•f'.·•·' . .,• .,.... ... N P bll <~1i~~~kif~Z or """"' hm lomt name ., narn<a: II by penon ROling In romsentoUve or olllola! <Apaolly 0 o' "':,~:oer~ in·.~~~t11 t.mtlpu~tt name of person na executor, nttomey-ln-!act, Or other co.paclty or d~criptlon i if by .oUicer oC corporation, then insert name of aud't officer or o!Ciccrs, na the prC!IIdent or other officers of such corporation, namlni' it. . EXHIBIT 3 Statement of Authority & Letters of Authorization EXHIBIT 3a Peterson Letter of Authorization EXHIBIT 3b CCVR Statement of Authority & Letter of Authorization EXHIBIT 4 Pre-application Conference Summary Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2189-321-00-032 DATE: April 22, 2016 PROJECT: Road Vacation CR 121 OWNER: Coulter Creek Valley Ranch LLLP REPRESENTATIVE: James Peterson PRACTICAL LOCATION: Section 32, Township 6S, Range 87W – Missouri Heights, 6 miles north of SH 82- north of CR 115 and east of CR 113 TYPE OF APPLICATION: Road Vacation / Location & Extent I. GENERAL PROJECT DESCRIPTION The owners of Coulter Creek Valley Ranch LLLP seek to vacate the final 2,400 feet of CR 121 which terminates on their property. The ROW does not provide access to other properties as it terminates within a 1,271.2-acre property. The reason for wanting to vacate this portion of right - of-way is the limit public access to private ranchland. Properties located to the north of the subject site have easements to travel a different route through the subject site to access their properties. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Vacation of a County Road or Public Right-of-Way  Garfield County Comprehensive Plan 2030  Garfield County Land Use and Development Code, effective July 15, 2013  Vacation of a County Road or Public Right-of-Way (Section 4-108)  Request to Vacate a County Road or Public Right-of-Way (Section 4-302)  Tables contained in 4-102, Common Review Procedures; and 4-201, Submittal Requirements Location and Extent  Garfield County Comprehensive Plan 2030  Garfield County Land Use and Development Code, effective July 15, 2013  Location and Extent Review (Section 4-111)  Tables contained in 4-102, Common Review Procedures; and 4-201, Submittal Requirements III. REVIEW PROCESS The process to accommodate these requests shall require a Road Vacation Land Use Change application and a Location & Extent application pursuant to the LUDC. Vacation of a County Road or Public Right of Way 1. Pre-application Conference. 2. Application. 3. Determination of Completeness. 4. Schedule Planning Commission Public Hearing (at least 30 but not more than 60 days prior to hearing). 5. Evaluation by Director/Staff Review 6. Review by the Planning Commission. 7. Schedule Board of County Commissioners Public Hearing (at least 30 but not more than 60 days prior to hearing). 8. Review and Action by the Board of County Commissioners. Location and Extent 1. Pre-application Conference. 2. Application. 3. Determination of Completeness. 4. Schedule Planning Commission Public Hearing (at least 7 days prior to hearing). 5. Evaluation by Director/Staff Review 6. Review and Recommendation by the Planning Commission. IV. PUBLIC HEARINGS AND NOTICE Vacation of a County Road or Public Right of Way a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _X__ Planning Commission _X_ Board of County Commissioners ___ Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge Department, Fire Protection District, Garfield County Environmental Health Manager, Garfield County Vegetation Manager, Garfield County Consulting Engineer, Colorado Parks and Wildlife, Town of New Castle and appropriate utilities Location and Extent Review a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _X_ Planning Commission ___ Board of County Commissioners ___ Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge Department, Fire Protection District, Garfield County Environmental Health Manager, Garfield County Vegetation Manager, Garfield County Consulting Engineer, Colorado Parks and Wildlife, Town of New Castle and appropriate utilities V. SUBMITTAL REQUIREMENTS Vacation of a County Road or Public Right of Way Please refer directly to Table 4-201 and the list of General Application Materials in section 4- 203.B. County Road vacations require additional submittal information per Section 4 -302. These application materials are generally summarized below:  Application Form  Ownership Documentation (deed)  Statement of Authority or Letter of Authorization, as necessary  Fee Payment and Payment Agreement Form  Pre-Application Conference Summary  Names and addresses of all property owners within 200 feet of project site and all mineral owners  Vicinity Map  Description of current condition, traffic analysis, etc  Utility Company(s) letter  Fire District Letter  Statement of established County Road  A title opinion  Statement about access to public lands  Names and addresses of all property owners adjacent to ROW  Site Plan illustrating the realignment of CR 103 and the portions of CR 103 to be vacated  Right-of-Way Dedication Agreement  County Road Improvements Agreement  Statement addressing how the project meets the Review Criteria in Section 4-108.C. Location and Extent Review Table 4-201 lists General Application Materials and Site Plan (Section 4-203 (D)). These application materials are generally summarized below:  Application Form  Ownership Documentation (deed)  Statement of Authority or Letter of Authorization, as necessary  Fee Payment and Payment Agreement Form  Pre-Application Conference Summary  Vicinity Map  Site Plan  Names and addresses of all property owners with in 200 feet of project site and all mineral owners  Site Plan illustrating the realignment of CR 103 and the portions of CR 103 to be vacated  Statement addressing how the project meets the Review Criteria in Section 4 -111.C (general conformance with the Comprehensive Plan 2030) Submit three paper copies and one CD for each application. Additional copies will be requested upon determination of completeness. See the land use code for additional submittal requirements. VI. APPLICATION REVIEW FEES Vacation of a County Road or Public Right of Way a. Planning Review Fees: $ 400.00 b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees c. Total Deposit: $ 400.00 (additional hours are billed at $40.50 /hour) Location and Extent Review a. Planning Review Fees: Staff time and materials b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees c. Total Deposit: Staff time and materials General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. The pre-application meeting summary is only valid for six (6) months from the date of the written summary. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summa ry is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: April 22, 2016 Kathy Eastley, AICP Date EXHIBIT 5 Adjacent Property Owner Mailing List & Mineral Rights Letter and Assessment Report Property Owners Adjacent to Subject ROW COULTER CREEK VALLEY RANCH LLLP PO BOX 1714 ASPEN, CO 81611 PETERSON, JAMES D & HENSLEY R PO BOX 1714 ASPEN, CO 81611 à Rare Earth Science, LLC Post Office Box 4523 Grand Junction, Colorado 81502-4523 phone 970/241-1762 fax 970/241-1793 jim@rareearthscience.com May 26, 2006 James D. Peterson Post Office Box 1714 Aspen, Colorado 81612 Re: Mineral Assessment Report Peterson & Coulter Creek Valley Ranch Ltd. Properties (Eagle & Garfield Counties) Dear James: Rare Earth Science, LLC (Rare Earth) has completed this mineral assessment for your properties located northeast of Carbondale in Eagle & Garfield Counties, Colorado (hereafter, Site). This report is part of the documentation necessary for a conservation easement donation, and evaluates the probability of surface mining or other mineral-extraction activities at the Site. Pursuant to Title 26 of the Internal Revenue Code [§1.170A-14(g)(4)], in situations where the surface estate and mineral rights have been separated or where mineral rights have been reserved, the definition of a qualified conservation contribution can only be met by demonstrating that surface mining, or any mining method which is inconsistent with the particular conservation purposes of the contribution, will not likely occur at the Site. This report presents a brief description of the Site and local geology, a review of various economic mineral resources, and a summary of our findings. Based on our findings, we conclude that the probability of surface mining occurring at the Site is so remote as to be negligible. Site Location & Description Approximately 2,000 acres of land were reviewed for this report including the adjoining James & Hensley Peterson (approx. 78-acre) property and Coulter Creek Valley Ranch Ltd. (approx. 1,922- acre) property. It is understood that the first phase of the conservation easement will include only the 78-acre parcel in 2006. Figure 1 shows the boundaries of the Site in portions of Sections 27, 28, 29, 32 and 33, Township 6 South, Range 87 West (6th Principal Meridian); and Sections 5 and 6, Township 7 South, Range 87 West (6th Principal Meridian). The Site is located roughly 6 miles northeast of Carbondale and adjoins private property to the north, east and south, and lands administered by the Bureau of Land Management (BLM) to the west. à Rare Earth Science, LLC Mineral Remoteness Review (Peterson Properties) Page 2 à Rare Earth Science, LLC The U.S. Geological Survey (USGS) 7.5-minute series topographic maps show the ground surface elevation ranges from approximately 7,100 to 8,700 feet above mean sea level across the Site. Gentle to steep slopes dominate the area and East & West Coulter Creeks, and Mesa Creek, traverse the Site. Overview of Local Geology and Soils The Site lies in the Rocky Mountain Foreland physiographic province, which is characterized by high-elevation peaks and glaciated valleys. The topography and geology of this area was influenced by several major structures in western Colorado, including the Sawatch Range to the east, the Elk Mountains to the south, the White River Uplift to the north, and the Piceance Basin to the west. Major structural elements near the Site include the Grand Hogback to the west and the Eagle Basin to the east. This area also lies within the Colorado River Basin, with the Roaring Fork River as a local major tributary to the Colorado River. The Geologic Map and Cross Sections of the Carbondale 30′ x 60′ Quadrangle, West-Central Colorado (USGS Coal Investigations Map C-97-A, 1984) was reviewed for an understanding of local surface and subsurface geologic conditions. The Site is comprised of bedrock Dakota Sandstone and Older Rocks (Map Unit Kdo [Upper Cretaceous age]) overlain by Basalt of Bimodal Suite (Map Unit Tb [Pliocene and Miocene age]), and a minor amount of High-Level Alluvium (Map Unit QTa [Pleistocene and/or Pliocene age]) along the lower Coulter Creek and Mesa Creek drainages. The U.S. Department of Agriculture, Soil Conservation Service (SCS) 1992 Soil Survey of Aspen- Gypsum Area, Colorado identifies more than 20 soil types at the Site, including the major units: Empedrado-Morval-Evanston (gently sloping to very steep, well drained, deep soils; on hills, fans, and valley sides) and Jerry-Cochetopa-Forsey (gently sloping to very steep, well drained, deep soils; on alluvial fans, hills, valley sides, mountainsides, and ridges). With the exception of Fluvaquents (0 to 10 percent slopes), Atencio-Azeltine complex (3 to 6 percent slopes) and Kilgore silt loam, these soils are considered improbable as a source of sand & gravel construction material due to excess fines. SCS classifies Fluvaquents, Atencio-Azeltine complex and Kilgore silt loam as probable sources of sand & gravel construction material, found mainly along the low-lying areas of Mesa and Coulter Creeks. Evaluation of Potential Mineral Resources A number of information sources were reviewed for documented historical, or currently permitted, mining activities at the Site or adjoining properties, and for determining the likelihood that mineral resources could be surface mined at the Site. For purposes of this report, “minerals” include oil, gas, coal and geothermal energy, but not surface water or groundwater. Mineral resources are typically divided into three categories: locatable, leasable and salable. Each of these categories is described in detail below, including a ranking (low, moderate, or high) of the potential for mining at the Site. Mineral Remoteness Review (Peterson Properties) Page 3 à Rare Earth Science, LLC The data sources reviewed include: • Mineral and Surface Management Status Maps, Carbondale and Glenwood Springs, Colorado (BLM, 1994 and 1999); • Directory of Active and Permitted Mines in Colorado - 2002 (CGS Information Series 68, 2004); • Colorado’s Hydrothermal Resource Base - An Assessment (CGS Resource Series 6, 1979); • Coal Resources and Development Map of Colorado (CGS Map Series 9, 1978); • Geology and Resource Potential of Strategic Minerals in Colorado (CGS Information Series 17, 1985); • Location Map and Descriptions of Metal Occurrences in Colorado with Notes on Economic Potential (CGS Map Series 28, 1994); • Inventory of Nonmetallic Mining and Processing Operations in Colorado (CGS Map Series 17, 1981); • Radioactive Mineral Occurrences of Colorado (CGS Bulletin 40, 2005); • Colorado Division of Minerals and Geology (DMG) database for active and inactive mines (online at http://mining.state.co.us/GIS%20Data.htm); • Colorado Oil & Gas Conservation Commission (COGCC) database for oil & gas wells (online at http://oil-gas.state.co.us/); • 7.5-minute series Carbondale, Cottonwood Pass, Leon and Shoshone, Colorado Topographic Maps (USGS, 1961 [photorevised 1987]); and • Mineral Resource Potential and Geology of the White River National Forest and the Dillon Ranger District of the Arapahoe National Forest, Colorado (USGS Bulletin 2035, 1993). No historical mining operations are indicated at the Site, as shown on the USGS topographic maps. The 1994 and 1999 BLM Mineral Management Status Maps indicate that none of the mineral rights for the Site are owned by the federal government in Sections 5 and 6; however, the rights for all minerals in Sections 27, 28 and 29 are entirely owned by the federal government along with portions of the Site located in Sections 32 and 33. Locatable Minerals (Mining Potential = Low): this category includes all minerals for which exploration, production, and development are regulated by the Federal General Mining Law of 1872, including most of the metallic minerals (e.g., gold, silver, copper, molybdenum, lead, zinc, Mineral Remoteness Review (Peterson Properties) Page 4 à Rare Earth Science, LLC tungsten, uranium, vanadium, etc.) and some industrial minerals (e.g., high-calcium limestone, gypsum, vermiculite, pegmatite-hosted non-metallics, etc.). Locatable minerals are typically found in lode, vein, disseminated, or placer deposits. The known metallic-mineral deposits in Colorado have been widely studied and are well documented in the literature. None of these commodities are shown to occur, nor have they been historically mined at the Site or adjoining lands according to the data reviewed for this report. The Site is located outside of the Colorado Mineral Belt, a southwest-northeast trending zone of hydrothermal mineral deposits that extends roughly from the Durango area to the north of Boulder. No veins or lodes are known to intersect the Site, and the underlying sediments and geologic structure do not favor the occurrence of locatable minerals. Leasable Minerals (Mining Potential = Low): this category includes oil, gas, coal, coal-bed methane, oil shale, geothermal energy, and several other minerals (e.g., potash, sodium, phosphate, native asphalt, bitumen or bituminous rock, etc.). These minerals are defined as “leasable commodities” by the Mineral Leasing Act of 1920. No oil & gas fields are known to underlie the Site or surrounding area. A search of the COGCC database revealed one historical oil & gas well drilled within a 5-mile radius of the Site. The well is reported as plugged & abandoned, meaning it was either a “dry hole” or unable to produce marketable quantities of hydrocarbons. The well was drilled in 1962 by Union Pacific Fuels, Inc. about 4.5 miles south of the Site (Lloyd and Mary Blue #1, in Section 30, T7S, R87W), with a total depth reported as 2,320 feet in an unspecified formation. The Site is located about 10 miles east-northeast of the Uinta Coal Region, which includes the Carbondale Coal Field with the historic Coal Basin and Thompson Creek Mines. Coal bed methane is not known to occur near the Site. Accumulations of western Colorado oil shale occur in the Tertiary Green River Formation, which is positioned well above the Site both topographically and stratigraphically. The nearest deposits are found about 40 miles west-southwest of the Site. Nearby geothermal energy resources are centered around the well-documented Glenwood Springs and South Canyon thermal areas. Salable Minerals (Mining Potential = Moderate): this category includes both nonmetallic and several industrial minerals (e.g., dimension stone, sand & gravel, clay, petrified wood, volcanic cinders, etc.), falling under the purview of the Materials Act of 1947 and the Multiple Surface Use Mining Act of 1955. None of these commodities has been historically mined at the Site; however, at least three mining operations are indicted about 1 mile southeast of the Site according to the CGS, DMG, and USGS literature reviewed for this report. These pits appear to be situated in the High- Level Alluvium deposit (Map Unit QTa) which is also found at the Site. The McNulty Cinder Pit is listed in the DMG database as an active sand & gravel (DMG Code SDG) mine located about 1 mile southeast of the Site. Two nearby inactive pits (i.e., with terminated mining permits) are also listed in the DMG database including the McNulty Sandstone Pit and Grant’s Pumice Pit. Mineral Remoteness Review (Peterson Properties) Page 5 à Rare Earth Science, LLC Other nearby, active SDG mines are located about 5 miles south/southwest of the Site in floodplain and terrace deposits along the Roaring Fork River, which provide the best-quality source for concrete aggregate, road-building, and construction materials. No clay, pegmatite or other salable mineral locales, or historic mining activities, were identified within a 5-mile radius of the Site. In sum, the potential exists for the occurrence of salable minerals including SDG, and possibly volcanic material, beneath the Site given favorable geology underlying mainly the lower elevations of the Site along Coulter and Mesa Creeks, known nearby mineral occurrences and known near mining activities. However, these deposits appear to be small and isolated, and access is limited. For the 2006 conservation easement area (78 acres) in Section 32, it appears that the mineral rights are owned by James & Hensley Peterson; therefore, it is our opinion that future SDG or cinder mining would not be a permissible activity. Conclusion Rare Earth reviewed a number of public documents related to current and historical mining operations and the associated mineral-resource potential for the Site and surrounding area. Based upon our review of the aforementioned documents, and our understanding of local geologic conditions and technological & economical constraints, it is our opinion that the probability of surface mining occurring at the Site is so remote as to be negligible, given current surface-mining techniques. Please contact me at 970/241-1762 if you require further information. Sincerely, Rare Earth Science, LLC James C. Armstrong Principal Geologist cc: Shannon Meyer (AVLT) Attachments • Figure 1 • Preparer Qualifications FIGURE DATE: CHECKED BY: DRAWN: PROJECT: FILE NAME: May 2006 J. Armstrong 04-1.051.17 J. Armstrong Peterson_MAR_fig.CDR Post Office Box 4523 Grand Junction, Colorado 81502-4523 (970) 241-1762 jim@rareearthscience.com BOUNDARY MAP 1 Rare Earth Science, LLC PETERSON CONSERVATION EASEMENT MINERAL ASSESSMENT REPORT Eagle & Garfield Counties, Colorado USGS 7.5-Minute Topographic Maps Carbondale, Cottonwood Pass, Leon, and Shoshone, CO Quadrangles (1987) Approximate Scale 1:50,000 Boundary Locations Approximate N Area of Mineral Assessment (~2000 Acres) 2006 Conservation Easement Area (78 Acres) Mineral Remoteness Review - Preparer’s Qualifications James Armstrong is a professional geologist with 13 years residency in Colorado, and has lived in Grand Junction since 1998. He received a BS in Petroleum Geology from Kansas State University in 1983, and completed additional graduate-level coursework in environmental studies at the University of Alaska. Mr. Armstrong spent seven years working in various private-industry technical positions related to exploration & production geology, consulting geophysics, and petroleum refining & marketing operations in the central U.S. and Gulf of Mexico. Since 1990, he has been employed as a consulting environmental geologist serving oil & gas, mining, private-sector, non-profit, and government clients in Alaska, Hawaii, and the western U.S. Mr. Armstrong is accomplished in field studies, mineral-reserve evaluations, project management and regulatory compliance, and has prepared numerous mineral remoteness reports for the conservation easement process. He is the founder of (and a partner in) Rare Earth Science, LLC. à Rare Earth Science, LLC EXHIBIT 6 Vicinity Map EXHIBIT 7 Site Plan EXHIBIT F Survey of Relocated County Road 121 ROW, Connection ROW, and vacated Ralston ROW ' ,· 1/ Cen(er/inf.f of one-lone unimproved rood shown on Servco Inc. survey ·I · · · ' · /' j ' • · ' ' ' dated November zg, 2004 extending northerly from Locked Gate No. 1 This 1 -/j rood provides access through Various recorded easements and/or -.........._~' 1 • / ' ' prescriptive rights to lands owned by Coulter Creek Volley Ranch ULP, -.y // Jim and Sharon Nies/onik, LLLP, Consolidated Reservoir, Inc. I · '( ' ' /. i ' for roservolr mai'nlenance and Crystal River Ranch Co. LLP. /( I I . I I. i I I I. ~. . . I . . : .1 I.\ \· \\. 60' CONNECTION ROW \\ \' . I ' . \ . Point of beginning of the center-line of 60' R-0-W \ ,\;,;\,_:_ _ _:__JN'~920~'0~0c'i!,g:::_,(__:_ _ _:__J-i to be granted to Garfield Covnty· as part of the vocation \ \.. (f73,17'. ' of a porfion of {he road on the Peferso 78 acre parcel as '\ ' ' described In the /904 Rolston R--0--W d ed to Garfield County~\ This c-::nter-line 1:<; described in o roodw survey dated • \ · . 2 7 November, 2004 by Samuel Phelps, rfield County Surveyor. -~ SWNE ~ Conservation Easement Boundary Surveyed northerly property line of Peterson 78 acre parcel. \ < " ~-~~~ ~~ . ' ,n;' !"'l 'f' ,:;> Exc,pl,on' .. ~ . .Boek 6f, ..., !901 Rols ~ \, -~ .~~' Conservation Easement Bopk ~45,. Po9,e 1,3 I ,.., ,\<.. ~1 o~· " ~ NWSE ~/ ' ./. Relocated CR 121 ROW / Surveyed C.Bn_fer line of /he existing improved County Rood 121 ex/ending northerly Jrom the pam{ where '{ crosses /he westerly fine of /hl'i Peterson 78 acre oorce! Ia the Peterson s northerly properly line which is a/so the centerline of the proposed 60' wide easement R-0-W fa be conveyed to Garfiefd County upon llrJcalion at the /904 Rots/on R-0-W. POINT OF ENDING AT WEST IN£ GOV. WT 1 LONG. 107"08'04.67744" '\ Conservation Easement Boundary N-1606458.49 E-2538672 .. 2 COlORADO STA!£ PlANE CO ROINATES • CF.NTRAL 7.0Nt: NAD 83 EXHIBIT 8 Aerial Map EXHIBIT 9 Utility Company Letters 3799 HIGHWAY 82·P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491·FAX (970) 945-4081 A Touchstone Energy® Cooperative June 6, 2016 Mr. James Peterson 1654 County Road 121 Carbondale, CO 81623 RE: Abandonment of R-O-W Dear Mr. Peterson, Thank you for contacting Holy Cross Energy regarding the abandonment of R-O-W as shown on the attached Exhibit. Holy Cross Energy does not own or operate any facilities in this area and therefore does not contest your plan to abandon it. Should you have questions or need additional information, please feel free to contact me. Sincerely HOLY CROSS ENERGY Russ Winder Utility Development Supervisor rwinder@holycross.com (970) 947-5443 EXHIBIT 10 Fire District Email 1 Tim Malloy From:James peterson <petersonjdp@msn.com> Sent:Wednesday, June 8, 2016 11:49 AM To:Tim Malloy Subject:FW: Right of Way Vacation - Peterson/Coulter Creek Valley Ranch From: gavette@carbondalefire.org To: petersonjdp@msn.com Subject: FW: Right of Way Vacation - Peterson/Coulter Creek Valley Ranch Date: Wed, 8 Jun 2016 17:44:37 +0000 From: Bill Gavette Sent: Wednesday, June 08, 2016 11:42 AM To: Kathy A. Eastley Cc: 'petersinjdp@msn.com' Subject: Right of Way Vacation - Peterson/Coulter Creek Valley Ranch Dear Kathy, I have met with Mr. James Peterson regarding a proposal to vacate a portion of a right of way that crosses two parcels. One parcel belongs to Coulter Creek Valley Ranch LLLP and the other to James and Hensley Peterson. The vacation of the right of way will not affect access to the property by emergency vehicles. Emergency access is currently is adequate via the existing County Road 121. Please contact me if you have any questions or if I may be of any assistance. Sincerely, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www.carbondalefire.org 970-963-2491 EXHIBIT 11 Title Commitments EXHIBIT 11a Peterson Ranch Title Commitment Customer Distribution Our Order Number: ABS63010817 Date: 06-07-2016 Property Address: TBD, CARBONDALE, CO 81623 For Title Assistance SUSAN MOYA 2454 PATTERSON RD #100 GRAND JUNCTION, CO 81505 970-248-3883 (phone) 970-241-1593 (fax) smoya@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS TG MALLOY CONSULTING LLC Attention: TIM MALLOY 402 PARK DRIVE GLENWOOD SPRINGS, CO 81601 970-945-0832 (work) 970-945-0833 (work fax) tgmalloy@sopris.net Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABS63010817 Date: 06-07-2016 Property Address:TBD, CARBONDALE, CO 81623 Buyer/Borrower:A BUYER TO BE DETERMINED Seller:JAMES D. PETERSON AND HENSLEY R. PETERSON Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment $199.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $199.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABS63010817 Customer Ref-Loan No.: Property Address: TBD, CARBONDALE, CO 81623 1. Effective Date: 05-30-2016 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: JAMES D. PETERSON AND HENSLEY R. PETERSON 5. The Land referred to in this Commitment is described as follows: A TRACT OF LAND SITUATED IN SECTION 32, TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF A PARCEL OF LAND DESCRIBED IN BOOK 445 AT PAGE 131 OF THE GARFIELD COUNTY CLERK AND RECORDER'S RECORDS LYING SOUTH AND EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN A FENCE LINE WHENCE THE N1/4 CORNER OF SAID SECTION 32 BEARS N. 08 DEGREES 08' 21" E. 3959.68 FEET; THENCE ALONG SAID FENCE LINE THE FOLLOWING NINE (9) COURSES: N. 01 DEGREES 31' 21" W. 422.97 FEET; THENCE N. 37 DEGREES 13' 37" E. 507.14 FEET; THENCE N. 11 DEGREES 16' 59" E. 119.87 FEET; THENCE N. 29 DEGREES 49' 20" E. 197.85 FEET; THENCE N. 23 DEGREES 10' 28" E. 219.91 FEET; THENCE N. 88 DEGREES 48' 05" E. 109.21 FEET; THENCE N. 60 DEGREES 55' 30" E. 504.23 FEET; THENCE N. 10 DEGREES 09' 32" E. 67.86 FEET; THENCE N. 57 DEGREES 59' 22" E. 322.99 FEET; THENCE N. 90 DEGREES 00' 00" E. 573 FEET MORE OR LESS TO THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 445 AT PAGE 131 COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2016 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABS63010817 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 1.DEED OF CONSERVATION EASEMENT RECORDED DECEMBER 27, 2007 REQUIRES PAYMENT UPON SALE OF SUBJECT PROPERTY Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABS63010817 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 29, 1910, IN BOOK 71 AT PAGE 410. 9.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 MARCH 29, 1910, IN BOOK 71 AT PAGE 410. 10.A STRIP OF LAND DEEDED TO THE BOARD OF COUNTY COMMISSIONERS AS DESCRIBED IN DEED RECORDED JANUARY 5, 1905 IN BOOK 64 AT PAGE 73 AS MODIFIED BY RESOLUTION NO. 2010-39 RECORDED JUNE 9, 2010 AT RECEPTION NO. 787039. 11.TERMS, CONDITIONS AND PROVISIONS OF ROAD VIEWERS REPORT RECORDED JULY 27, 1904 IN BOOK ROAD RECORD 1 AT PAGE 131. 12.RESERVATION OF A PERPETUAL EASEMENT OR RIGHT OF WAY FOR A ROAD AS DESCRIBED IN DEED RECORDED FEBRUARY 21, 1952 IN BOOK 263 AT PAGE 206. 13.TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED MAY 24, 1966 IN BOOK 376 AT PAGE 343. 14.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 20, 1995 IN BOOK 934 AT PAGE 735. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABS63010817 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 15.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 20, 1995 IN BOOK 934 AT PAGE 757. 16.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED SEPTEMBER 09, 2005 IN BOOK 1725 AT PAGE 96. 17.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DEED OF CONSERVATION EASEMENT IN GROSS RECORDED DECEMBER 27, 2007 UNDER RECEPTION NO. 740028 AND FIRST AMENDMENT RECORDED JUNE 9, 2010 AT RECEPTION NO. 787037. 18.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENTS RECORDED DECEMBER 07, 2007 UNDER RECEPTION NO. 738843 AND 738844 AND 738845 AND AMENDMENT RECORDED JUNE 9, 2010 AT RECEPTION NO. 787036. 19.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN SPECIAL WARRANTY DEED RECORDED JUNE 09, 2010 UNDER RECEPTION NO. 787040 AND 787041. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A)The Subject real property may be located in a special taxing district. B)A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C)The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A)The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B)No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D)The Company must receive payment of the appropriate premium. E)If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1.The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2.If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1.Rights or claims of parties in possession not shown by the Public Records. 2.Easements, or claims of easements, not shown by the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Authorized Officer or Agent Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 John E. Freyer, President EXHIBIT 11b CCVR Parcel Title Commitment Customer Distribution Our Order Number: ABS63010816 Date: 06-29-2016 Property Address: 723 COUNTY ROAD 121 GLENWOOD SPRINGS 81600 For Title Assistance SUSAN MOYA 2454 PATTERSON RD #100 GRAND JUNCTION, CO 81505 970-248-3883 (phone) 970-241-1593 (fax) smoya@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS TG MALLOY CONSULTING LLC Attention: TIM MALLOY 402 PARK DRIVE GLENWOOD SPRINGS, CO 81601 970-945-0832 (work) 970-945-0833 (work fax) tgmalloy@sopris.net Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABS63010816 Date: 06-29-2016 Property Address:723 COUNTY ROAD 121 GLENWOOD SPRINGS 81600 Buyer/Borrower:A BUYER TO BE DETERMINED Seller:COULTER CREEK VALLEY RANCH LLLP Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment RESEARCH INCOME-COMML X 11 HOURS $199.00 $1,375.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $1,574.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABS63010816 Customer Ref-Loan No.: Property Address: 723 COUNTY ROAD 121 GLENWOOD SPRINGS 81600 1. Effective Date: 06-10-2016 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: COULTER CREEK VALLEY RANCH LLLP 5. The Land referred to in this Commitment is described as follows: TOWNSHIP 6 SOUTH, RANGE 87 WEST, 6TH P.M. SECTION 29: E1/2E1/2 SECTION 32: E1/2NE1/4, NE1/4SE1/4 SECTION 33: NW1/4,N1/2SW1/4, W1/2W1/2W1/2NE1/4 ALSO ALL THAT PART OF THE SW1/4NE1/4 AND W1/2SE1/4 OF SECTION 29 AND ALL THAT PART OF THE NW1/4NE1/4 OF SECTION 32, ALL IN TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE E1/2NE1/4 OF SAID SECTION 32 WHENCE THE EAST QUARTER CORNER OF SAID SECTION 32 BEARS S. 89°50' E. 1323.30 FEET; THENCE N. 02°09' E. 740.92 FEET TO A POINT ON A FENCE AS CONSTRUCTED AND IN PLACE; THENCE N. 02°22' E. 591.97 FEET ALONG SAID FENCE; THENCE N. 01°08' W. 347.62 FEET ALONG SAID FENCE; THENCE N. 49°16' W. 527.03 FEET ALONG SAID FENCE; THENCE N. 15°55' W. 567.57 FEET ALONG SAID FENCE; THENCE N. 51°32' E. 209.89 FEET ALONG SAID FENCE; THENCE N. 22°15' E. 553.87 FEET ALONG SAID FENCE; THENCE N. 35°48' W. 474.23 FEET ALONG SAID FENCE; THENCE N. 17°23' W. 450.89 FEET ALONG SAID FENCE; THENCE N. 48°52' W. 229.37 FEET ALONG SAID FENCE; THENCE N. 24°31' W. 784.06 FEET ALONG SAID FENCE; THENCE N. 01°18' W. 300.28 FEET ALONG SAID FENCE; THENCE N. 14°51' W. 724.92 FEET ALONG SAID FENCE; THENCE N. 34°06' E. 550.43 FEET ALONG SAID FENCE TO ITS INTERSECTION WITH A FENCE RUNNING EAST AND WEST; THENCE N. 34°06' E. 313.23 FEET TO THE NORTHERLY LINE OF THE SW1/4NE1/4 OF SAID SECTION 29. EXCEPTING FROM THE ABOVE PARCELS THAT PORTION CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS FOR ROAD PURPOSES BY DOCUMENT RECORDED AUGUST 8, 1931 IN BOOK 159 AT PAGE 285 AS RECEPTION NO. 110503. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABS63010816 Customer Ref-Loan No.: ANY PORTION OF THE FOLLOWING LYING IN GARFIELD COUNTY, COLORADO: TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH P.M. SECTION 27: ALL THAT PORTION IN THE S1/2N1/2 AND THE S1/2 LYING WESTERLY OF COTTONWOOD PASS ROAD (EAGLE COUNTY ROAD #5-104) AS CONSTRUCTED AND IN PLACE. SECTION 28: W1/2, SE1/4, S1/2NE1/4 COUNTY OF GARFIELD STATE OF COLORADO TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M. SECTION 5: LOTS 3, 5, 6, 9, 10, 11 AND SE1/4NW1/4 SECTION 6: LOT 9 AND THAT PART OF LOT 1 LYING SOUTH OF LOT 12 AND LYING SOUTH OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 12 OF SAID SECTION 6 TO THE SOUTHEAST CORNER OF LOT 2 OF SAID SECTION 6. EXCEPTING FROM THE ABOVE THAT PORTION CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY FOR ROAD PURPOSES BY DEED RECORDED MARCH 12, 1898 IN BOOK 20 AT PAGE 588 AS RECEPTION NO. 20794, AND OCTOBER 5, 1904 IN BOOK 64 AT PAGE 22 AT RECEPTION NO. 29944, AND EXCEPTING THAT PORTION CONVEYED TO LOVELL GRUMLEY AND NANCY GRUMLEY BY DEED RECORDED JULY 20, 1990, IN BOOK 783 AT PAGE 986 AS RECEPTION NO. 414818, AND EXCEPTING THAT PORTION CONVEYED TO SCHOOL DISTRICT NO. 6 BY DEED RECORDED APRIL 3, 1895, IN BOOK 38 AT PAGE 275 AS RECEPTION NO. 18295. COUNTY OF GARFIELD STATE OF COLORADO THE SE1/4NW1/4, THE SW1/4NE1/4, NW1/4SE1/4, SW1/4NW1/4, ALL OF LOT 1, LOT 2 AND LOT 4, ALL IN SECTION 32, TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH P.M. THE N1/2NW1/4 OF SECTION 32, TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH P.M. ALL THAT PART OF THE SW1/4NE1/4 AND THE W1/2SE1/4 OF SECTION 29 AND ALL THAT PART OF THE NW1/4NE1/4 AND THE E1/2NE1/4 OF SECTION 32, ALL IN TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE E1/2NE1/4 OF SAID SECTION 32 WHENCE THE EAST QUARTER CORNER OF SAID SECTION 32 BEARS S. 89°50' E. 1323.30 FEET; THENCE N. 02°09' E. 740.92 FEET TO A POINT ON A FENCE AS CONSTRUCTED AND IN PLACE; THENCE N. 02°22' E. 591.97 FEET ALONG SAID FENCE; THENCE N. 01°08' W. 347.62 FEET ALONG SAID FENCE; THENCE N. 49°16' W. 527.03 FEET ALONG SAID FENCE; THENCE N. 15°55' W. 567.57 FEET ALONG SAID FENCE; THENCE N. 51°32' E. 209.89 FEET ALONG SAID FENCE; THENCE N. 22°15' E. 553.87 FEET ALONG SAID FENCE; THENCE N. 35°48' W. 474.23 FEET ALONG SAID FENCE; THENCE N. 17°23' W. 450.9 FEET ALONG SAID FENCE; THENCE N. 48°52' W. 229.37 FEET ALONG SAID FENCE; THENCE N. 24°31' W. 784.06 FEET ALONG SAID FENCE; THENCE N. 01°18' W. 300.28 FEET ALONG SAID FENCE; THENCE N. 14°51' W. 724.92 FEET ALONG SAID FENCE; THENCE N. 34°06' E. 550.43 FEET ALONG SAID FENCE TO ITS INTERSECTION WITH A FENCE RUNNING EAST AND WEST; THENCE N. 34°06' E. 313.23 FEET TO THE NORTHERLY LINE OF THE SW1/4NE1/4 OF SAID SECTION 29. EXCEPT A STRIP OF LAND BOUNDED AND DESCRIBED IN WARRANTY DEED DATED OCTOBER 3, 1904 FROM AMOS RALSTON TO THE BOARD OF COMMISSIONERS OF GARFIELD COUNTY, RECORDED AS DOCUMENT NO. 30260 IN BOOK 64 AT PAGE 73, ON JANUARY 5, 1905, AS FOLLOWS: ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABS63010816 Customer Ref-Loan No.: BEGINNING AT A POINT ON THE LINE TO LOTS 1 AND 3, SECTION 32, TOWNSHIP 6 SOUTH, RANGE 87 WEST, 6TH P.M. WHENCE THE SW CORNER OF SECTION 32, IN SAID TOWNSHIP BEARS S. 55°33' W. 2626 FEET; THENCE N. 39°18' E. 178 FEET TO A POINT; THENCE N. 31°00' E. 621.4 FEET TO A POINT; THENCE S. 82°14' E. 401.7 FEET TO A POINT; THENCE N. 18°52' E. 189 FEET TO A POINT; THENCE N. 19°30' W. 390 FEET TO A POINT; THENCE N. 46°14' E. 460 FEET TO A POINT; THENCE N. 81°52' E. 210 FEET TO A POINT; THENCE N. 31°12' W. 252 FEET TO A POINT; THENCE N. 14°44' W. 296 FEET TO A POINT; THENCE N. 10°10' W. 310 FEET TO A POINT; THENCE N. 29°50' E. 348 FEET TO A POINT ON THE CENTER OF THE COUNTY ROAD AS NOW UPON THE GROUND, AND LEADING SOUTHWESTERLY TO THE "FISHER RANCH" COMPRISING AN AREA OF 5.05 ACRES MORE OR LESS, AND BEING A STRIP OF LAND 60 FEET IN WIDTH, FOR COUNTY ROAD PURPOSE. ALSO EXCEPTING A TRACT OF LAND SITUATED IN SECTION 32, TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH P.M., SAID PARCEL BEING PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF A PARCEL OF LAND DESCRIBED IN BOOK 445 AT PAGE 131 OF THE GARFIELD COUNTY CLERK AND RECORDER'S RECORDS LYING SOUTH AND EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN A FENCE LINE WHENCE THE N1/4 CORNER OF SAID SECTION 32 BEARS N. 08°08'21" E. 3959.68 FEET; THENCE ALONG SAID FENCE LINE THE FOLLOWING NINE (9) COURSES: N. 01°3121" W. 422.97 FEET; THENCE N. 37°13'37" E. 507.14 FEET; THENCE N. 11°16'59" E. 119.87 FEET; THENCE N. 29°49'20" E. 197.85 FEET; THENCE N. 23°10'28" E. 219.91 FEET; THENCE N. 88°48'05" E. 109.21 FEET; THENCE N. 60°55'30" E. 504.23 FEET; THENCE N. 10°09'32" E. 67.86 FEET; THENCE N. 57°59'22" E. 322.99 FEET; THENCE N. 90°00'00" E. 573 FEET MORE OR LESS TO THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 445 AT PAGE 131. ALSO EXCEPTING; THE PROPERTY DESCRIBED IN INSTRUMENT RECORDED JANUARY 6, 2015 AT RECEPTION NO. 857972 COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2016 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: ABS63010816 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABS63010816 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 09 1895 UNDER RECEPTION NO. 18309 AND RECORDED MARCH 29, 1910 AT RECEPTION NO. 39104 AND RECORDED MARCH 15, 1898 AT RECEPTION NO. 20807 AND 20809. 9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT OF RECORD RECORDED NOVEMBER 22, 1930 AT RECEPTION NO. 108526 AND 108527 AND RECORDED FEBRUARY 16, 1940 AT RECEPTION NO. 138588 AND RECORDED OCTOBER 21, 1988 AT RECEPTION NO. 396246 AND RECORDED MARCH 6, 1992 AT RECEPTION NO. 432315. 10.ALL OF THE COAL AND OTHER MINERALS IN THE LANDS SO ENTERED AND PATENTED TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN PATENTS RECORDED NOVEMBER 22, 1930 AT RECEPTION NO. 108526 AND 108527 AND RECORDED FEBRUARY 16, 1940 AT RECEPTION NO. 138588 AND RECORDED OCTOBER 21, 1988 AT RECEPTION NO. 396246 AND RECORDED MARCH 6, 1992 AT RECEPTION NO. 432315, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 11.ROAD VIEWER REPORTS RECORDED DECEMBER 28, 1888 AT RECEPTION NO. 8169, RECORDED NOVEMBER 27, 1897 AT RECEPTION NO. 20495 AND RECORDED JULY 27, 1904 IN ROAD BOOK 1 AT PAGE 131. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: ABS63010816 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 12.EASEMENTS AND RIGHTS OF WAY FOR COUNTY ROADS AS CONTAINED IN MAPS AND STATEMENTS RECORDED JULY 8, 1931 AT RECEPTION NO. 110501 AND RECORDED AUGUST 8, 1931 AT RECEPTION NO. 110502. 13.EASEMENTS AND RIGHTS OF WAY FOR PAT MCNULTY DITCHES #1 AND #2 AS CONTAINED IN MAP AND STATEMENT RECORDED MARCH 5, 1894 AT RECEPTION NO. 16968. 14.EASEMENTS AND RIGHT OF WAY FOR ROADWAY AS CONTAINED IN DEED RECORDED FEBRUARY 21, 1952 AT RECEPTION NO. 178596. 15.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN PUBLIC SERVICE EASEMENTS RECORDED MARCH 14, 1962 UNDER RECEPTION NO. 216884 AND 216885 AND 216887. 16.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN HOLY CROSS EASEMENT RECORDED JANUARY 31, 1974 UNDER RECEPTION NO. 261612. 17.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN HOLY CROSS EASEMENT RECORDED DECEMBER 06, 1991 UNDER RECEPTION NO. 429666. 18.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO 90-040 RECORDED APRIL 25, 1990 AT RECEPTION NO. 411938. 19.TERMS, CONDITIONS AND PROVISIONS OF GREE RECORDED MARCH 02, 1995 AT RECEPTION NO. 475703. 20.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT CONTRACT RECORDED FEBRUARY 09, 1995 UNDER RECEPTION NO. 478288 AND ASSIGNMENT RECORDED SEPTEMBER 25, 2002 AT RECEPTION NO. 611323 AND AMENDED EASEMENT CONTRACT RECORDED DECEMBER 8, 1995 AT RECEPTION NO. 486228. 21.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 95-030 RECORDED APRIL 11, 1995 AT RECEPTION NO. 476559. 22.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ROAD EASEMENT AGREEMENT RECORDED SEPTEMBER 09, 2005 UNDER RECEPTION NO. 681907 AND AMENDMENT RECORDED JUNE 9, 2010 AT RECEPTION NO. 787038. 23.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ROAD, UTILITY AND AGRICULTURAL EASEMENT AGREEMENTS RECORDED DECEMBER 07, 2007 UNDER RECEPTION NO. 738843, 738844 AND 738845 AND AMENDMENT RECORDED JUNE 9, 2010 AT RECEPTION NO. 787036. 24.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED JANUARY 05, 2015 AT RECEPTION NO. 857971. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A)The Subject real property may be located in a special taxing district. B)A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C)The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A)The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B)No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D)The Company must receive payment of the appropriate premium. E)If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1.The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2.If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1.Rights or claims of parties in possession not shown by the Public Records. 2.Easements, or claims of easements, not shown by the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Authorized Officer or Agent Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 John E. Freyer, President EXHIBIT 12 Deed of Conservation Easement IIIII ~·~···~at'l~IV~.MJL!~!.f"a'lf,l~Ltlrl~t~·tUII•,•:In•l ~·~~ IIIII Reception~: 740028 12/27/2007 10:39:06 AM Jean Alberico 1 of 22 Reo Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO NOTICE TO TITLE COMPANY: This Deed of Conservation Easement in gross requires a One-Hundred Dollar ($100.00) fee be paid to Aspen Valley Land Trust or its successor organization by purchaser of this Property or any portion of this Property, pursuant to Section 15 herein. DEED OF CONSERVATION EASEMENT IN GROSS PETERSON RANCH-Garfield County ~ A CONSERVATION EASEMENT ("Easement") is granted this 2':f<fay of December 2007, by JAMES D. PETERSON and HENSLEY R. PETERSON ("Grantor"), to and for the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation having offices at 320 Main Street, Suite 204, Carbondale, Colorado 81623 (the "Trust")(collectively, the "Parties"). The following exhibits are attached hereto: Exhibit A: Property Legal Description for 78 Acres of Land Covered by this Easement, Exhibit B: Map of Property and Property Use Zones, Exhibit C: Aerial Photo of 5-acre Building Envelope, Exhibit D: Baseline Documentation Summary, Exhibit E: Water Rights; RECITALS WHEREAS, Grantor is the sole owner in fee simple of approximately 78 acres, more or less, of real property on East Coulter Creek, Missouri Heights near Carbondale, Garfield County, State of Colorado, more particularly described in Exhibit A, attached hereto and incorporated by reference (the "Property"), together with certain Water Rights, described in Exhibit E, attached hereto and incorporated by reference. The term "Property" shall hereinafter be defined as the land and water rights combined, including the 5-acre Building Envelope shown approximately on Exhibit C, attached hereto and incorporated by reference. The term "Water Rights" shall refer to the water rights alone. For the purposes of this Easement, the Property consists of three Property Use Zones, as follows: • The "Agricultural Zone": That portion of the Property that is currently and has been historically grazed or irrigated, and which includes the Agricultural Structures Area, shown approximately on Exhibit B, herein, and a section of tl1e "Easterly Access Easement", a single-lane private road on the northeastern portion of the Property, and the "Sedge Meadow Agricultural Access Easement", a single-lane, soft-surfaced private agricultural easement on the northwestern portion of the Property. Both the Easterly Access Easement and the Sedge Meadow Easement are shown approximately on Exhibit B, herein; ASPEN V l'J~LEY LAND TRUST 320 MAJN ST., SUITE 204 CARBOJ"IDALE, CO 81623 IIIII W1'•'l. t'l~fVM'otll,f"tlf,~r,lolll,tll\!, ~~u~,:lr1'! ~'Y IIIII I Reception#: 740028 12/27/2007 10:39:06 RM Jean Alberico 2 of 22 Reo Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO • The "Building Envelope": The 5-acre area surrounding the existing residence and ranch headquarters, shown graphically in Exhibit C, attached hereto and made a part hereof, is to be managed and monitored according to the provisions of Section 6.1 and 6.8, herein, but otherwise is excluded from the requirements and restrictions of Section 6 of this Easement Deed; and • The "Wildlife Zone": That portion of the Property lying outside of the Agricultural Zone and Building Envelope, and not including the existing County- maintained road, and not including the existing road extending eastward from the County maintained road, as shown approximately in Exhibit B, attached hereto and made a part hereof. WHEREAS, the Property possesses natural, scenic, open space (including agricultural), and wildlife values (collectively, "Conservation Values") of importance to the Trust, the people of Garfield Connty, and the people of the State of Colorado that are worthy of preservation; WHEREAS, the Property is located in a rural agricultural area of Garfield County, where the Trust desires to protect the biological integrity as well as the rural and scenic character of the area. In particular, a portion of the Property is visible to the general public from more than one- half mile of Garfield County Road 121 (Coulter Creek Road), which traverses the Property, and from nearby land managed by the Bnreau of Land Management ("BLM"), which is frequently accessed by recreational hunters. The Property is highly scenic and provides a degree of openness and variety to the overall rural and agricultural landscape. The terms of the Easement do not permit a degree of intrusion or future development that would interfere with the essential scenic quality of the land; WHEREAS, the Property contains significant wildlife habitat with a high diversity of native wildlife species. The thick, vegetative cover of the oak-mountain shrublands provide cover and an abundance of berries, seeds and other forage for resident, migrating, and wintering animals, including birds. The Property contains overall range for elk, mule deer and black bear, migration areas and summer and winter range for mule deer, and severe winter range for elk. Regular sightings of bobcats and occasional sightings of bear and other carnivores indicate that this property and the surrounding lands are inhabited by a fairly balanced wildlife community; WHEREAS, the plant communities on the Property are in good to excellent condition, evidence of the Peterson's careful stewardship of the land. Islands of diversity such as the tiny stands of spruce, quaking aspen and Douglas fir along the ribbon of riparian habitat along East Coulter Creek, which bisects the property, are home to a wildlife and vegetative community that represents at least half of the plant and animal species on the Property. The Property also contains sagebrush and Garnbel oak shrub lands, of which sagebrush is particularly important to wildlife and declining statewide; WHEREAS, conservation of the Property will increase the amount of conserved land in the Coulter Creek drainage, an area currently identified by the Trust as a high priority for protection. The Property is part of a larger segment of land designated by Colorado Natural Heritage Program as a "Site of Local Significance," and will add to the 1,114 acres of existing 2 IIIII ~·~·~ f'l~M.HH .IIIII .l"tar.l~l .!l!~.lli!',lh'II~I-IU•illl\111 Reception~: 740028 . 12/27/2007 10·39·06 AM Jean Alber1oo 3 of 22 Reo F~e:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO conservation easements in the immediate vicinity of the Property, located on the Quarter Circle Eight Ranch, J&S Nieslanik Ranch, and Ranch at Coulter Creek, in addition to contributing to the habitat connectivity of nearby land managed by the Bureau of Land Management; WHEREAS, the Trust acknowledges and agrees that continued use of the land within the Agricultural Zone for grazing and agricultural production does not impair or interfere with the Conservation Values of the Property; WHEREAS, Grantor makes no representation that boundary fencelines on the Property are the legal boundary lines and Grantor reserves the right without Trust approval to realign such fences to legal boundary lines, provided that notice is given to the Trust of any realignment so that it may update its records to reflect the legal boundary lines; 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 perpetuity and the Trust agrees by accepting this grant to honor the intentions of Grantor stated 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; WHEREAS, the Trust is a charitable organization as described in Section 50l(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and is a publicly-supported organization as described in Section 170(b)(l)(A) of the Code whose primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of the greater Roaring Fork Valley area, including the area in which the Property is located, by assisting landowners who wish to protect their land in perpetuity, and is a "qnalified organization" to do so within the meaning of Section 170(h)(3) of the Code; WHEREAS, the State of Colorado has recognized the importance of private efforts toward the preservation of natural systems in the State by the enactment ofC.R.S. §§38-30.5-101 et seq.; and WHEREAS, the Board of Directors of the Trust has duly authorized the Trust's Executive Director or her designee to execute and accept conservation easements on behalf of the Trust. NOW, THEREFORE, in consideration of the matters above, the mutual covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grant. Grantor hereby voluntarily and irrevocably grants and conveys to the Trust a perpetual Conservation Easement in gross (the "Easement"), pursuant to C.R.S. §§ 38-30.5-101 et seq., through the terms mutually agreed to in this Deed of Conservation Easement in Gross ("Easement Deed"), consisting of the rights and restrictions enumerated herein, over and across the Property, to hold said Easement unto the Trusts and its successors and assigns forever. The Easement shall constitute a binding servitude upon the Property and shall be subject to prior reservations, easements, encumbrances and exceptions of record, except as otherwise set forth herein. 3 II/I ~'l,'l.l'l~I-VMifJ~ ,!"111 ,~r.loll~ ,!f)J ,l~'.ll-'1~111\r'l ~~~~ IIIII Reception#: 740028 12/27/2007 10:39:06 AM Jean Rlberioo 4 of 22 Reo Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO 2. Purposes. Pursuant to the terms ofC.R.S. §§ 38-30.5-101 et seq., the purposes of the Easement are to assure that the Property will remain forever predominantly in its scenic, natural and open space (including agricultural) condition, subject to the continued use of the Agricultural Zone for seasonal grazing oflivestock and other uses of the Property permitted hereunder; and to prevent any use of the Property that is inconsistent with the preservation and protection of the Conservation Values of the Property and, in the event of their degradation or destruction, to restore such Conservation Values of the Property. 3. Intent. Subject only to the Purpose set forth above and express prohibitions below, the intent of the Parties is to permit all uses of the Property that are consistent with the preservation and protection of the Property's Conservation Values as reasonably determined by the Trust. Nothing in this Easement Deed is intended to compel a specific use of the Property other than the preservation and protection of the Conservation Values. 4. Baseline Documentation. The Parties acknowledge that a Baseline Documentation of the Conservation Values and relevant features of the Property has been prepared by Sarah Shaw in December 2007, an individual familiar with conservation easements, the Property, and the environs, and is on file with the Parties. The Trust and Grantor have reviewed and approved the Baseline Documentation, as summarized in Exhibit D ("Baseline Docmnentation Summary"), as an accurate representation of the condition of the Property at the time of this grant. The Parties agree that the Baseline Documentation is not intended to preclude the use of other evidence to establish the present condition of the Property should a controversy arise over its use. 5. Rights of Trust. To accomplish the purposes of the Easement, Grantor conveys the following rights to the Trust: 5 .1. The right to preserve and protect the Conservation Values of the Property in perpetuity; 5.2. The right to enter upon the Property at reasonable times, to inspect the Property thoroughly, to monitor Grantor's compliance with, and otherwise enforce the terms of this Easement Deed; provided that such entry shall be upon 72-hour prior notice to Grantor and shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property, except that no such notice shall be required in the event the Trust reasonably believes that immediate entry npon the Property is essential to prevent or mitigate a violation of this Easement Deed; 5.3. The right to prevent any activity on or use of the Property that is inconsistent with the purposes of the Easement, or with the preservation and protection of the Conservation Values of the Property, and the right to require the restoration of such areas or features of the Property that are damaged by any inconsistent activity or use; and 5.4. Any other rights that the Parties may mutually approve consistent with the purposes of the Easement and the Conservation Values (i.e., habitat or other enhancement projects, right to identifY conservation values of the Property, or right to conduct scientific studies). Trust may only enter onto the Property to conduct such activities, including scientific studies or enhancement projects, with Grantor's prior approval. 4 Ill\ ~\'•\ tUfV~HH ,rf, ,l"'lf.~~~ ,!11''1' !lr'lll~~~·lrJj ~~~~ IIIII I Reception#: 740028 . 12/27/2007 10:39:06 AM JeanFAl~eo'o'"o0 GARFIELD COUNTY CO 5 of 22 Reo Fee:$111.00 Doc ee .. 6. Prohibited and Permitted Uses. Grantor reserves to itself and to its personal representatives, heirs, successors, and assigns, all rights and obligations accruing from its ownership of the Property, including the right to engage in all uses of the Property not expressly prohibited herein that are consistent with the preservation and protection of the Conservation Values of the Property. Grantor is prohibited from any activity on or use of the Property inconsistent with the preservation and protection of the Conservation Values. Grantor has the burden to prove that Grantor's proposed uses are consistent with the preservation and protection on the Conservation Values of the Property. The following uses and practices by Grantor, though not an exhaustive recital, are either consistent with and permitted, or inconsistent with and prohibited by this Easement Deed. Expressly permitted uses are to be conducted in a manner consistent with the preservation and protection of the Conservation Values of the Property, pursuant to Section 170(h)(3) of the Code, and C.R.S. § 38-30.5-102. The permitted and prohibited uses described in this Section 6 shall not apply to the Property within the 5-acre Building Envelope, as shown on Exhibit C attached hereto and incorporated herein, except for Sections 6.1 and 6.8, herein, which shall apply equally to all of the Property. 6.1. Building Rights. Grantor shall not construct, improve, place, or replace any buildings, structures, mobile homes, indoor or outdoor riding arenas, parking lots, or billboards on the Property, except as described below. A. Building Envelope. A 5-acre building envelope exists on the Property at the location shown on Exhibits B and C, attached hereto and incorporated herein by this reference (the "Building Envelope"). Grantor retains all rights to use the land within the Building Envelope for residential, appurtenant residential, and agricultural uses, consistent with all applicable laws, codes, and regulations. In this regard, Grantor expressly reserves the right to replace, improve, demolish, remodel or expand existing structures within the Building Envelope; to construct new or additional structures; to expand, improve, relocate or modify landscaping, water features, water uses, fencing and road surfaces, and, in general, to engage in any and all land use activities that are permitted by right or by special review under existing or any future Garfield County, Colorado zoning and land use regulations. The forgoing retained and reserved Building Envelope development activities shall not be subject to any prior review or approval by or from the Tmst, and Grantor shall have the right and privilege to engage in the development activities within the Building Envelope free of any restrictions that may apply to other portions of the Property that are and shall forever be restricted by this Easement. B. Agricultural Structures. Grantor retains the right to construct, replace, expand, and maintain additional minor structures for agricultural purposes within the Agricultural Structures Area, defmed as follows: that area south of the southerly line of the Building Envelope, no less that 100' west ofthe centerline of East Coulter Creek and no less that 150' north of the centerline of the Garfield County maintained road, as shown on Exhibit B, herein. Such permitted agricultural structures include but are not limited to a barn with box stalls, tack rooms, and hay storage, as well as corrals, hay sheds or loafmg sheds, 5 IIIII ~'i''j, F'l~PVM11/l,~~l,ro.lr.~ml)l,ri',Uiilr.~ow,:~-li'l.~'illlll II I Reception~: 740028 12/27{2007 10:39:06 ~M Jean Rlberico 6 of 22 Reo Fee:$111.00 Doc Fae:0.00 GARFIELD COUNTY CO provided all such structures on the Property, with the exception of corrals and fences, do not exceed 2,400 square feet in combined footprint area, and are not used for residential purposes. 6.2. Agricultural Uses. Grantor retains the right to conduct agricultural operations within the Agricultural Zone in a manner consistent with sound farming and range management practices, and to lease lands with appurtenant Water Rights for permitted agricultural purposes. Permitted agricultural operations include grazing and raising of livestock, raising crops, irrigation of approximately 12 acres of historically irrigated land, and all other agJ.icultural activities consistent with protection of the long-term ecological and economic viability of the land. Agricultural uses prohibited by this Easement include (A) commercial feed lots, defined as confined areas or facilities for purposes of extended feeding and finishing of large numbers of livestock for hire, (B) tree farms, and (C) sod fanns. 6.3. Reversion to Wildlife Habitat. If, in the future, agricultural operations cease, Grantor agrees to reseed any heavily disturbed areas with appropriate native vegetation to prevent the spread of noxious weeds and to provide forage and habitat for wildlife. The Parties agree that agricultural operations may resume at any time; 6.4. Roads and Motor Vehicles. Grantor may maintain, realign, widen and improve an existing single lane road that crosses the eastern-most Agricultural Zone of the Property, as shown in Exhibit B, herein ("Easterly Access Easement"), according to the terms and conditions of the Road and Utility Easement recorded under Reception No. 738843. The Trust also acknowledges the existence of the Sedge Meadow Easement Agreement recorded under Reception No. '7"3 '0 8' Lf.S" , which crosses a portion of the Agricultural Zone, also shown approximately on Exhibit B. With the exception of the County maintained road (Garfield County Road 121) that traverses the Property, the Trust acknowledges that all other roads on the Property are private roads and are located on the Building Envelope. Grantor may grant additional non-exclusive access easements across existing roads without the consent of the Trust, in Grantor's sole discretion. The Parties acknowledge the existence of certain access and utility easements, recorded in the Garfield County real property records as reception no. 178596, 681907,234575, 738843,738844 and 738845, that burden the Property, and such easements may be modified, amended, terminated or maintained by the Grantor without further permission from the Trust. Off-road use of motorized vehicles is prohibited in the Wildlife Zone, except as necessary for property maintenance and emergencies; 6.5. Surface Disturbance. Grantor shall not alter the topography of the Property through placement or removal of soil, gravel, land fill, or other materials unless approved by Trust for habitat enhancement or restoration purposes. Grantor shall not alter, disturb, or impair the relatively natural habitat for plants, wildlife, or similar ecosystems within and upon the Property, which includes the destruction, removal or cutting of native vegetation, except (A) in emergencies; (B) for fire, pest and disease prevention; (C) as necessary to the uses permitted in Subsections 6.1, 6.2, 6.4, 6.10 and 6.13, herein; and (D) as otherwise approved by the Trust; 6 Ill/ ~l·"~o fUM,IIIJl ,ll'.l! ,f"lir.~olll ,r&,'•J .rll•l.~·•:l'llll ~·~ IIIII I Receptlon#: 740028 12/27/2007 10:39:06 RM Jean Alberico 7 of 22 Reo Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY co 6.6. Fencing. Grantor may replace existing fences or erect new fencing on the Property, or both, provided such fencing complies with then-current Colorado Division of Wildlife standards for fencing in a wildlife migration area, except within the Agricultural Zone as required for agricultural activities, and then in a manner that best pennits the flow of wildlife across the Property; 6. 7. Mineral Rights. At the time of granting the Easement, Grantor may or may not own the mineral rights associated with the Property due to reservation by U.S. Government Patent. Grantor's current or future ownership of mineral rights shall be subject to the following provisions: A. Subsurface Mineral Rights. Grantor may not explore for or extract oil and natural gas, nor lease to a third party the right to explore for or extract oil and natural gas from below the surface of the Property; B. Surface Mineral Rights. Grantor shall not transfer, lease or otherwise separate the soil, sand, gravel, rock, or any other mineral substance from the surface of the Property nor explore for or extract soil, sand, gravel, rock, or other minerals from the surface of the Property; 6.8. Subdivision. Grantor may not divide or subdivide (including de facto subdivision) the Property, including the Building Envelope, into two or more parcels of land; 6.9. Trash. Grantor shall not dump, permanently accumulate, or dispose of trash, garbage, or other hazardous or unsightly refuse on the Property, except for agricultural by- products and vegetative matter produced or used on the Property; 6.10. Water Resources. Grantor shall not manipulate, divert, dam, pollute, drain, dredge, or otherwise alter East Coulter Creek or other naturally-occurring streams, wetlands, springs, lakes, ponds, or other surface or subsurface water features on the Property in a manner that degrades or destabilizes their natural banks or shorelines, or otherwise is inconsistent with the preservation and protection of the Conservation Values of the Property, except that Grantor reserves the right to coordinate with Garfield County to remove beaver dams from East Coulter Creek that threaten damage to riparian areas along East Coulter Creek, County Road 121, culverts or other improvements now existing or permitted herein, in a manner consistent with preservation and protection of the Conservation Values. Grantor retains the right to construct, maintain and improve agricultural ditches, stock ponds and other water features and improvements without further permission from tl1e Trust if such construction and maintenance is in compliance with local, state, and federal rules and regulations. Specifically, Grantor retains the right to maintain and improve Prior Ditch #25 as it crosses the Property; 6.11. Commercial and Industrial Activities. Grantor shall not conduct industrial activity or any more than de minimus commercial activity on the Property; 6.12. Recreation. Golf courses and other high-impact recreational amenities and facilities, including covered or indoor horseback riding arenas, paved trails and motorbike tracks or courses, are prohibited on the Property; however, passive recreational uses, such as hiking, 7 1111 ~'1l\ t'l~r'\II,HH ~~~l,i'B'lr,~l JT:,~fli,f,llli·:~'lli~1, ~~~ 1111111 Reception#: 740028 . 12/27/2007 10:39:06 AM Jean Al~e0 r~0°GARFIELD COUNTY GO 8 of 22 Rec Fee:$111.00 Doc Fee .. cross country skiing, horseback riding, hunting and fishing, are permitted, along with low-impact dirt trails located and used in a manner consistent with the preservation and protection of the wildlife and scenic Conservation Values of the Property, Outdoor horseback riding arenas are permitted only within the Agricultural Structures Areas as shown on Exhibit B, herein; 6.13. Utilities and Communications Facilities. There is currently one electric power line on the Property, owned by Holy Cross Electric, which may be accessed and maintained as permitted by Holy Cross Energy in a manner consistent with historic practices, and Grantor reserves the right to grant an overhead or underground electric line easement for such electric service, without further permission from the Trust. This power line may not be realigned, buried, or otherwise substantially altered without Trust's prior consent, which consent shall not be unreasonably withheld provided any disturbance to the Property is restored and re-vegetated to the fullest extent possible so as not to diminish the scenic or wildlife Conservation Values of the Property. Additionally, as necessary to the uses permitted in Subsection 6.1 and 6.2 and provided that the location and use of the following described amenities is consistent with preservation and protection of the scenic and wildlife Conservation Values of the Property, Grantor may install, maintain and use the following within the Agricultural Zone: (A) communication facilities and appurtenant structures or equipment; (B) utility lines and substations; (C) water lines, pun1ps and wells; (D) wind-powered electric generators, solar collectors, fuel cells, and other energy-related technology for onsite use. No such amenities may be located in the Wildlife Zone without the consent of the Trust, which consent shall be granted in the Trust's sole discretion. Any impact from the installation and/or maintenance of such amenities to the Property or its Conservation Values shall be restored as closely as possible to the Property's original conilltion using appropriate native vegetation by the entity installing or maintaining tl1e abovementioned facility; 6.14. Water Rights. A. Water Rights Included. The Property includes all of Grantor's rights, title and interest in the Water Rights described in Exhibit E in this Easement; Grantor shall have the right to continue use of the Water Rights on the Property in order to protect and preserve the Conservation Values of the Property. Grantor shall have the right to improve, maintain, repair, relocate and reconstruct facilities related to the Water Rights (such as ditches, wells and reservoirs), and to convert historic flood irrigation activities to sprinkler irrigation systems with notice to the Trust; B. Restrictions on Water Rights. The Water Rights may not (i) be changed to or used for municipal, industrial, or commercial uses; (ii) be changed for use off of the Property; (iii) be sold, leased, or encumbered separately from the Property or legally separated from the Property; or (iv) have their points of diversion, or their type or place of use within ilie Property changed, except pursuant to a legally-recognized interruptible supply contract, fallowing agreement, emergency water loan, or similar agreement to temporarily increase instream flows in East Coulter Creek. Water Rights may be used for other activities on the Property that are not prohibited by the terms of this Easement Deed, after a written determination by the Trust that such changes are consistent with the 8 IIIII ~'JI'~o mWM'ofJ~ .r-~~·;,r'elr,l>l)~ ,rl'•l,r"llr,llll•'l"*''\ ~·II IIIII Reception#: 740028 12127/2007 10:39:06 RM Jean Alberico 9 of 22 Reo Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO preservation and protection of the Conservation Values, and do not create an intent to abandon; C. Protection of Water Rights. If Grantor fails to maintain the historic use of the Water Rights, or the Water Rights are otherwise subject to a threat of abandonment, the Trust shall have the right, but not the obligation, to (i) enter upon the Property and undertake any and all actions reasonably necessary to continue the use of the historic Water Rights. D. Effect of Loss. No loss of Water Rights through injury or abandonment, or conversion of the Water Rights as set forth above, shall be considered a severance of the title to the Water Rights from the Property for federal or state tax or other pmposes, or as basis for extinguishment of the Easement Deed. 7. Access. Grantor hereby prohibits the public any more than visual access to any portion of the Property, although Grantor may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is consistent with the terms of this Easement Deed. 8. Representations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: 8.1. No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise or threatening to human health or the environment exists or has been used or released on the Property, except for fuels customarily used or transported in connection with agricultural and construction activities on the; 8.2. There are not now any underground storage tanks located on the Property, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable laws, regulations, and requirements; 8.3. Grantor and the Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use and there are no existing, pending or threatened litigation in any way affecting, involving, or relating to the Property; 8.4. Grantor has good and sufficient title to the Property and has lawful authority to grant and convey the Easement, that any mortgages or liens on the Property are subordinate to the terms of this Easement Deed, and that Grantor shall warrant and forever defend the title to the Easement against all and every person or persons lawfully claiming by, through or under Grantor, the whole or any part thereof, except for rights-of-way, easements, restrictions, covenants and mineral reservations of record. 9. Trust's Remedies: Enforcement. The Trust shall have the right to prevent and correct or reqUire correction of violations of the terms and purposes of this Easement Deed. If the Trust finds what it believes is a violation, or a threat of a violation, the Trust shall notifY 9 1111 W~o ~U~i!U: lt"M,loi'',t"llf,~io;lr.lll+~l\&,'~~~~ IIIII Reception~: 740028 . 12/27/2007 10:39:06 AM Jean Rlber1c0 10 of 22 Rec Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO Grantor of the nature of the alleged violation. Upon receipt of this notice, Grantor shall immediately discontinue any activity that could increase or expand the alleged violation and shall either: (A) restore the Property within 60 days as is best possible to its condition prior to the violation in accordance with a plan approved by the Trust, or if immediate restoration is not possible, Grantor shall submit such plan to the Trust within 60 days; or (B) provide a written explanation to Trust of the reason why the alleged violation should be permitted. If the Trust is not satisfied with Grantor's written explanation, the Parties agree to meet as soon as possible to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, the Parties agree to attempt to resolve the dispute pursuant to Section 9.1 below. At any time, including if Grantor does not immediately discontinue any activity that could increase or expand the alleged violation while the Parties are attempting to resolve the alleged violation, the Trust may take appropriate legal action to stop the activity, without prior notice to Grantor; without waiting for the period provided for cure to expire; and without waiting for the 60-day mediation period to expire. The Trust may bring an action at law or in equity, ex parte as necessary, in a court of jurisdiction, to enforce the terms of this Easement Deed and to enjoin by temporary or permanent injunction a violation, which may reqnire restoration of the Property to the condition that existed prior to the violation. The Trust's remedies described herein shall be in addition to all remedies now or hereafter existing at law or in equity, and shall include the right to recover damages for violation of the te1ms of this Easement Deed or injury to the Conservation Values including damages for the loss of scenic or environmental values. Enforcement of the terms of this Easement Deed shall be at the sole discretion of the Trust, and any forbearance by the Trust to exercise its rights under this Easement Deed in the event of any breach of any term of tlJ.is Easement Deed by Grantor shall not be deemed or construed to be a waiver by the Trust of such term or any subsequent breach of the same or any other term of this Easement Deed or of any of the Trust's rights under this Easement Deed. 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. The failure of the Trust to discover a violation or to take immediate legal action shall not bar the Trust from doing so within four ( 4) years from the date upon which the violation is discovered. All reasonable costs incurred by the Trust in enforcing the terms of this Easement Deed, including, without limitation, costs and expenses of pursuing legal action and reasonable attorney's fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement Deed, shall be borne by Grantor, unless a court fmds that the Trust acted in bad faith in seeking enforcement thereof, in which case the court shall award to Grantor and the Trust shall pay Grantor's reasonable costs of defending the action or claim. If Grantor ultimately prevails in a judicial enforcement action, each Party shall bear its own costs. 9 .1. Mediation. If a dispute arises between the Parties concenJ.ing the consistency of any proposed use or activity with the terms of this Easement Deed, and Grantor agrees not to proceed with the use or activity pending resolution of the dispute, either Party may refer the dispute to mediation by written request upon the other. Within 10 days of the receipt of such request, the Parties shall select a trained and impartial mediator with experience in Easements and other land preservation tools. If the Parties are unable to agree on a mediator, then the Parties 10 shall each select a mediator with experience in conservation easements and other land preservation tools, and those two mediators shall select a mediator who shall alone mediate the dispute. Mediation shall then proceed in accordance with the following guidelines: A. Purpose. The purpose of the mediation is to: (i) promote discussion between the Parties; (ii) assist the Parties to develop and exchange pertinent information concerning the issues in dispute; and (iii) assist the Parties to develop proposals which will enable them to arrive at a mutually acceptable resolution of the controversy. The mediation is not intended to result in any express or de facto modification or amendment of the terms, conditions, or restrictions of this Easement Deed; B. Participation. The mediator may meet with the Parties and their counsel jointly or ex parte. The Parties agree that they will participate in the mediation process in good faith and expeditiously, except in cases when the Trust believes that Conservation Values are continuing to be harmed during the mediation process, in which case the Trust can suspend its involvement in the mediation to remedy this threat of ongoing violation. Representatives of the Parties with settlement authority will attend mediation sessions as required by the mediator; C. Confidentiality. All infmmation presented to the mediator 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 Patty in any subsequent litigation; D. Time Period. Neither Party shall be obligated to continue the mediation process beyond a period of 60 days from the date 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. The Parties shall equally share and each bear 50% of the mediator's fees; 10. Costs, Liabilities, Taxes and Environmental Compliance. 10 .1. Costs, Legal Reguirements and Liabilities. Grantor retains all responsibilities and obligations and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate liability insurance coverage, except as provided herein. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor; 1 0.2. 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 The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), and any Colorado state law counterpart; 11 I 0.3. Hold Harmless. Grantor shall hold harmless, indemnifY and defend the Trust and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Trust Parties") from and against all liabilities, including, without limitation, court awarded third-party attorneys' fees, arising from or in any way connected with: (A) 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 to the negligence of any of the Trust Parties; (B) the violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement, by any person other than any of the Trust Parties, in any way affecting, involving, or relating to the Property; (C) the presence or release of hazardous or toxic substances in, on, from, or under the Property at any time, of any substance now or hereafter defmed, 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 human health or the environment, unless caused solely by any of the Trust Parties; (D) payment of taxes imposed upon or incurred by the Property as a result of this Easement iocluding property taxes (E) tax benefits or consequences of any kind which result or do not result from enteriog iota this Easement Deed; and (F) the obligations, covenants, representations, and warranties described hereio; 10.4. Waiver of Certain Defenses. No action shall be commenced or maintained to enforce the terms of any building restriction described in this Easement Deed, or to compel the removal of any building or improvement, unless said action is commenced within four ( 4) years from the date of discovery of the violation for which the action is sought to be bronght or maintained. To the extent that any defense available to Grantor pursuant to C.R.S. §38-41-119 is inconsistent with the foregoing, Grantor waives that defense. Grantor waives the defenses of laches, estoppel and prescription with regard to the enforcement of all other terms of this Easement Deed; 10.5. Acts Beyond Grantor's Control. Nothiog contained io this Easement Deed shall be construed to entitle the Trust to briog any action against Grantor for any iojury to or change in the Property resulting from causes beyond Grantor's control 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 not authorized to access the Property, and is responsible for any third parties, including guests or invitees, authorized by Grantor to access the Property; 11. Extinguishment and Condemnation. 11.1. Extinguishment. The Parties agree that any changes in the economic viability of the uses permitted or prohibited by this Easement Deed, or changes to neighboriog land and its use shall not be deemed circumstances justifYing the termination or extinguishment of the Easement. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to implement any or all of the uses permitted under this Easement Deed, shall not impair the validity of this Easement Deed or be considered grounds for its termination or extioguishment. 12 1111 M•"~o fUi"/,1,1~: illlf,l~',roialf,ltlrtrl•~I""'"~U·~ IIIII Reception~: 740028 12/27f2007 10:39:06 RM Jean Rlberico 13 of 22 Reo Fee:$111.00 Doc Fee:0.00 GRRFIELD COUNTY CO If circumstances arise in the future that render the purposes of this Easement Deed impossible to accomplish, this Easement Deed can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction after the court has explored all options for importing other purposes for the Easement pursuant to the cy pres doctrine. Each Party shall promptly notif'y the other when it first learns of such circumstances. The amount of the proceeds to which the Trust shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination, shall be determined, unless otherwise provided by Colorado law at the time, in accordance with the Proceeds paragraph below; 11.2. 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 the Easement in whole or in part, Grantor and the Trust shall act jointly to recover the full value of the interests in the Property subject to the taking or in-lieu purchase and all damages resulting therefrom. All expenses reasonably incurred by Grantor and the Trust in connection with the taking or in-lieu purchase shall be paid out of the amount recovered. The Trust's share of the balance of the amount recovered shall be determined by an independent appraisal of the separate values of the Grantor's interest and the Trust's interest; 11.3. Proceeds. Grantor m1d the Trust stipulate that as of the date of this Easement Deed, they are each vested with a real property interest in the Property. The Parties further stipulate that the Trust's interest in the Easement has a value of forty percent (40%) of the fair market value of the Property from this date forward, and such percentage interest shall remain constant in relation to any future fair market value of the Property. Such percentage interest shall be used only for determining Trust's proportion of proceeds from any payment of damages or action resulting from circumstances described in the Extinguishment and Condemnation paragraphs above. The Parties agree that the value of any improvements to the Property made by Grantor after the date of this Easement Deed is reserved to Grantor. The Parties further agree that to the extent possible, any proceeds paid to the Trust as a result of this Section shall be used exclusively for purposes of restoration or enllancement of the Conservation Values on the Property. If it is not possible to use all of the Trust's proceeds in this m3llller, such as if the entire Property is condemned or Easement terminated, the Trust shall attempt to apply its proceeds to (A) restoration or enllancement of other conservation easements in the area that may be owned by Grantor or Grantor's family in the future, or (B) if that is not possible, to another conservation purpose within the Property's close vicinity, or (C) if that is not possible, to a conservation purpose within the Trust's mission. 12. Assignment. In the event the Trust is no longer able to carry out its duties and obligations under this Easement Deed, or if circumstances change so that another similar organization is better able to carry out such duties and obligations, the Trust may elect to transfer the Easement with notice given to Grantor, provided that the Trust may assign its rights and obligations under this Easement Deed only to an organization that is (A) a qualified organization at the time of transfer under Section 170(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 13 1111 ~~···l. ~·m·'·'·'~: ,~~ma~;·.r"tlr.I~.'Lr*'~~ ... ~:lltl! .m·illllll Reception#: 740028 12/27/2007 10:39:06 AM Jean Alberico 14 of 22 Reo Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO (C) charged with a mission similar to that of the Trust. 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 the 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 Deed. 13. Subsequent Transfers. Grantor agrees to notifY any party who may purchase, lease, or otherwise hold interest in this Property of the existence and terms of this Easement Deed, and to provide a copy of the Deed and the Baseline Documentation to such party if requested. Grantor further agrees to give notice to the Trust of the transfer of any such interest prior to transfer, and provide the opportunity for the Trust to explain the tenus of this Deed to potential new owners prior to sale closing without unreasonably delaying the close of the transfer or sale of the Property In addition, at any time Grantor transfers the Property to anyone other than Grantor's family, heirs or beneficiaries, that party shall pay a transfer fee of $100.00 to the Trust to cover administrative costs associated with the transfer as well as put the Third Party Purchaser on notice of the terms of this Easement Deed. TI1e failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement Deed or limit its enforceability in anyway. 14. Notices. Any communication that either Party desires or is required to give to the other shall be in writing and served personally or sent by first class mail, postage prepaid, addressed as follows or to such other address as either party from time to time shall desigoate by written notice to the other: To Grantor: To the Trust: James D. and Hensley R. Peterson POBox 1714 Aspen, CO 81612 Aspen Valley Land Trust 320 Main Street, Suite 204 Carbondale, CO 81623 15. Recordation. TI1e Trust shall record this iostrument 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 Deed. 16. Amendment. If circUlllstances arise under which an amendment to tbis Easement Deed would be appropriate to promote the purposes of the Easement, Grantor and the Trust may joiotly amend this Easement Deed. However, the Trust is under no obligation to amend this Easement Deed, and may decline any amendment in its sole discretion and exclusive judgment. Any amendment must be consistent with, and protect and preserve, the purposes of the Easement and the Conservation Values and may not affect the Easement's perpetual duration. Any an1endment must be in writing, sigoed by all the Parties, and recorded io the records.ofthe Clerk and Recorder of the appropriate Colorado County. Correction deeds to correct factual mistakes 14 1111111 w,',i. m~~·i,',JG:: 1iJIII ,~"rr\',l'lllr,lr~:rfll:~;n:ll'il ~~~ 111111 Reception#: 740028 12/27/2007 10:39:06 ~M Jean Alberico 15 of 22 Rec Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO or typographical or clerical errors may be made at the discretion of the Trust. No amendment shall be allowed that affects the qualification of this Easement or the status of the Trust under any applicable laws, including C.R.S. Section 38-30.5-101, et seq., or Section 170(h) of the Code or any regulations promulgated thereunder. No amendment shall be permitted that will confer a private benefit to Grantor or any other individual or entity (see IRS Reg. 1.170A-14(h)(3)(i)) greater than the benefit to the general public, or that will result in private inurement to a Board member, staff or contract employee of Trust (see IRS Reg. 1.50l(c)(3)-1(c)(2)). 17. Subordination. At the signing of this Easement Deed, the Property is not subject to any mortgages or liens. 18. General Provisions. 18.1. Exhibits. The following Exhibits are attached to and incorporated by reference into this Easement Deed. Exhibit A: Property Legal Description, Exhibit B: Map of Property and Property Use Zones, Exhibit C: Aerial Photo of Building Envelope, Exhibit D: Baseline Documentation Summary, Exhibit E: Water Rights; 18.2. Definitions. The terms "Grantor" and "the Trust," wherever used herein, and any pronouns used in place of those terms, shall refer to, respectively, Grantor and its heirs, personal representatives, executors, administrators, successors and assigns, and the Trust, its successors and assigns. The term "Property," wherever used herein, shall refer to the 78 acres of land described in the first paragraph of this Easement, as well as on Exhibit A. The term "Water Rights," wherever used herein, shall refer to the water rights alone, as described in Exhibit E. The terms "Easement" and "Conservation Easement in gross" refer to the innnediately vested interest in real property defined by Colorado Revised Statutes§§ 38-30.5-101 et seq. The term "Easement Deed" refers to this legal document, consisting of the rights and restrictions enumerated herein, by which said Easement is granted; 18.3. Controlling Law. The interpretation and performance of this Easement Deed shall be governed by the laws of the State of Colorado; 18.4. Liberal Construction. This Easement Deed shall be liberally construed in favor of the grant to effect the purposes of the Easement and the policy and purpose of C.R.S. §38- 30.5-101 et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with ensuring continuation of the purposes of the Easement and the preservation and protection of the Conservation Values 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 of real property shall not apply to interpretations of this Easement Deed or to disputes between the Parties concerning the meaning of particular provisions of this Easement Deed; 15 1111 ~~~·~. ~'lr.l,'i,IU: ll"'f,l"'l\',r"wlf,l-l~:rw,1 ,'111'~~11'1L ~~~ IIIII Reception«: 740028 . 12/27/2007R 10F:39:0,•611 A1M 00 JeDao~ ~!~~~~~g GRRFIELD COUNTY CO 16 of 22 ec ee: . · · 18.5. Severability. If any provision of this Easement Deed, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement Deed shall be deemed severable and remain in full force and effect; 18.6. Entire Agreement. This instrument sets forth the entire agreement between the Parties with respect to the Easement Deed and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement Deed, all of which are merged herein; 18.7. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect; 18.8. Joint Obligation. The obligations imposed by this Easement Deed upon Grantor shall be joint and several (in the event that there is more than one Grantor); 18.9. Successors. The covenants, terms, conditions, and restrictions of this Easement Deed shall be binding upon, and inure to the benefit of, the Parties hereto and Grantor's respective personal representatives, heirs, successors, transferees, and assigns, and the Trust's successors, transferees, and assigns, and shall continue as a servitude running in perpetuity with the Property; 18.10. Termination of Rights and Obligations. A Party's rights and obligations under tllis Easement Deed terminate upon transfer of the Party's interest in the Easement or the Property, except tl1at liability for acts or omissions occurring prior to transfer shall survive transfer; 18.11. Cautions. The captions in this instrunlent have been inserted solely for convenience of reference and are not a part of this instrunlent and shall have no effect upon construction or interpretation; 18.12. Counteroarts. The Parties may execute this instrunlent in two or more counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart shall be deemed an original instrunlent as against any Party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling; 18.13. Merger. Unless the Parties expressly state that they intend a merger of estates or interests to occur, no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Easement Deed. 18.14. Development Rights. Grantor hereby grants to the Trust all development rights associated with the Property except as specifically reserved herein for the linllted purpose of ensuring that such rights are forever terminated and extinguished, and may not be used by Grantor, the Trust, or any other party. 16 1111 W11•., ~·l~~~i,IU: lt'llf.~~\',r"wlr.~~t.n,,~I~T\llf.'l, ~·~ 1111111 Reception#: 740028 12127!2007 10:39:06 AM Jean Alberico 17 of 22 Rea Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Grantor and the Trust have executed tbis Deed of Conservation Easement as of the date first written above. GRANTOR: Hensley R. Peterson STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) TI1e foregoing instrument was acknowledged before me tbis 2_Lf ~ay of December 2007, by James D. Peterson and Hensley R. Peterson, as Grantor. WITNESS my hand and official seal. [SI!f"!';j~ 1RB~E~T H;";'A~NY';"A':"'::'CO'::"l"'u""'N s""""""'i'i Notary Public State of Colorado My GGI"fll'til*len 6".11r;ires Nevem~;>er Q7, 2011 ACCEPTED by TRUST: ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, (~wvb\tC~O.kJ otary Publi'--._j ~ My commission expires: \ \ 3---j \\ By: J!dtu ac~ad«/ Martha Cochran, Executive Director STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me tbis Z..LJ~ day of December 2007, by Martha Cochran, as Executive Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation. WITNESS my hand and official seal. [SEAL] BETHANY A COlliNS Notary Public State of Colorado My Commission Expires November 07, 2011 ~)(){~ ~ \ \ My commission expires: \ \,:\;-, l\ 17 II/I A'1'•i. ''m"i.'.J.l: i1Wl,I.WV,foltlr,I,A"1~1fl'l!'l:'ll'i'.~·illllll Recept~on~: 740028 12/27/2007 10:39:06 AM Jean Alberico 18 of 22 Reo Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO EXIllBIT A Legal Description of Property Our Order No: GW248843 A TRACT OF LAND SITUATED IN SECTION 32, TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE THE 6m P.M., SAID PARCEL BEING PARTICUI..ARLY DESCRIBED AS FOLLOWS: ALL mAT PART OF A PARCEL OF LAND DESCRIBED INBOOK445 AT PAGE 131 OF THE GARFlELD COUNTY CLERK AND RECORDER'S RECORDS LYING soum AND EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN A FENCE LINE WHENCE THE Nl/4 CORNER OF SAID SECTION 32 BEARS N. 08 DEGREES 08' 21" E. 3959.68 FEET; THENCE ALONG SAID FENCE LINE THE FOLLOWINGNINE(9) COURSES: N. 01 DEGREES 31' 21"W. 422.97 FEET; TIIENCEN. 37 DEGREES 13' 37"E. 507.14 FEET; TBENCEN. 11 DEGREES 16' 59" E. 119.87 FEET; '!HENCE N. 29 DEGREES 49' 20" E. 197.85 FEET; THENCE N. 23 DEGREES 10' 28"E. 219.91 FEET; TIIENCEN. 88 DEGREES 48' OS" E. 109.21 FEET; THENCEN. 60 DEGREES 55' 30" E. 504.23 FEET; THENCE N. 10 DEGREES 09' 32" E. 67.86 FEET; TIIENCE N. 57 DEGREES 59' 22" E. 322.99 FEET; IHENCE N. 90 DEGREES 00' 00" E. 573 FEET MORE OR LESS TO THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 445 AT PAGE 131 COUNTY OF GARFJELD STATE OF COLORADO 18 Ill/ ~·,··'l. ~·lr.l•"iU·~: 111'111.1-i\',l"'lf,/al.~:~l!·;/~~:li'·,L~·Ii IIIII Reception#; 740028 12/27/2007 10:39:06 AM Jean Alberico 19 of 22 Rec Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO . -James & Hensley Peterson 78 Acres -"The Property" AZ Agricultural Zone t WZ Wildlife Zone north ASA Agricultural Structures Area BE Building Envelope 19 1111 ~'l•i. JU~'i,IU: 1l~ .l~~.(llllf,li~~r,r,,·l;~·l~~ ~~~~ IIIII Reception#: 740028 12/27/2007 10:39:06 AM Jean Alberico 20 of 22 Reo Fee:$111 .00 Doc Fee:0.00 GARFIELD COUNTY CO EXIllBIT C: Aerial Photo of Building Envelope SECTION 32, TOWNSHIP 6 SOUTH, RANGE 87 WEST, 6TH P.M. GARFIELJJ COUNTY, COLORAJJO Boundary of Building Envelope (approximately follows fencelines) o so too 200 300 6 CHMUESER I GORDON I MEYER f:tfljf/<E:O:R5 f 51Jf1VI\""'"OR:S PETERSON SCHMUESER GORDON MEYER, INC. 1-I e W. 6TH S;REEI", SUITE ZOO GlENWOOD SPRINGS, COLORADO 8 I 60 I {970) 945-1 004 FAX (970) 945·5946 AsPEN, COL.ORAOO {970) 925-6727 1------,------r----.,...-- CRESTEll sUT"TE, co (970) 349-5355 Job No. 2006-49~at.... OCT 20040/ll'll'tl hy,KW I Filfl.' Pt 20 1111 ~~~·., f'n1~/,1,f,~: 1t'i!t1t~ ,ro.~r,II+J;ro~,,•;l-\11:1\fll. ~~~ IIIII Reception~: 740028 12/27/2007 10:39:06 RM Jean Alberico 21 of 22 Reo Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO EXIllBIT D: Baseline Documentation Summary Prepared by Sarah Shaw, December 2007 The Peterson Ranch is a 78-acre private ranch parcel owned by James and Hensley Peterson, located at the northerly end of Garfield County Road 121 and traversed by East Coulter Creek. Active uses ofthe property include seasonal livestock grazing and passive recreational activities such as hiking, horseback riding and general ranch maintenance and irrigation work.. Adjacent land uses are similar as the Coulter Creek Valley Ranch LLLP owns additional land contingent to the parcel. The primary purpose of the conservation easement on the Peterson Ranch is to preserve, in perpetuity, relatively natural habitat for plants and wildlife, agricultural values, and scenic and open space values. Wildlife Habitat: The Property contains significant wildlife habitat with a high diversity of native wildlife species. Except for the proposed building envelope which currently is the site of an historic residence, barn, homestead cabin, and landscaped grounds and pond, the property is undeveloped and undisturbed. The thick, vegetative cover of the oak-mountain shrublands provide cover and an abundance of berries, seeds and other forage for resident, migrating, and wintering animals. The Property contains overall range for elk, mule deer and black bear, migration areas and summer and winter range for mule deer, and severe winter range for elk. Regular sitings of bobcats and occasional sigbtings of bear and other carnivores indicate that this Property and the surrounding lands are inhabited by a fairly balanced wildlife community. Ecological: The Property possesses significant high quality montane ecosystems including sagebrush shrubland, oak-mountain shrubland, and montane riparian, wetland, and grassland areas. Though the agricultural lands have caused fragmentation of the natural life zones on the Property and throughout the Coulter Creek Valley and the general region, the quality of the habitat still supports a remarkable diversity of native plant and wildlife species. The plant communities found on the Property are in good to excellent condition, evidence of the Peterson's careful stewardship of the land. Islands of diversity such as the tiny stands of spruce, aspen and Douglas fir along the ribbon of riparian habitat that bisects the property are home to a wildlife and vegetative community that represents at least half of the plant and animal species documented in the baseline study. In addition, Property is ecologically significant as part of a potentially larger conservation landscape and its protection represents an important step in encouraging adjacent and nearby landowners to place easements on their ranches in a region of Colorado where ranching is becoming a rarity and open agricultural landscapes are being converted into rural subdivisions. Scenic/Open Space Values: This Property, located at the northerly end of the Coulter Creek Valley, provides considerable open space values. The scenic valley maintains an agricultural land use pattern of expansive ranch land and some low-density residential development at the southerly end on land previously owned by the Laurence family. Much ofthe valley floor is comprised of three historic ranch compounds and the accompanying pasture land. County Road 121 skirts the eastern flank of the valley, terminating at the entrance to the Peterson Ranch headquarters. The Property is visible to the public from about one-half mile of Garfield County Road 121, and from a parcel ofland managed by the Bureau of Land Management (and used primarily by big game hunters), located to the west. Conservation of this Property preserves the ecological integrity and the scenic qualities of a valley in an area where open ranchland is rapidly transitioning to small-acre developments. Agricultural values: Portions of the easement property are seasonally grazed by livestock. Areas include the open meadows adjacent to East Coulter Creek, and approximately twenty acres of the oak shrubland hillside in the southwestern portion ofthe Property. The grazing is carefully monitored by both the Petersons and the rancher who leases the Property, and is used in a manner that does not impair the conservation values or contribute significantly to soil erosion or weed management issues. Approximately 12 acres of the open meadow pastures along East Coulter Creek are irrigated. 21 IIIII ~\'•'1. ~U~"i,I,,Q:: 11"11r,~~\',tl'ilf,lrlr.:'l.lt1'~"l\~1141~~·~ IIIII Reception~: 740028 12/27/2007 10:39:05 AM Jean Alberioo 22 of 22 Reo Fee:$111.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBITE Water Rights The "Water Rights" include, without limitation, all of the Grantor's right, title and interests in any and all water and water rights beneficially used on the Property, and all canals, ditches, laterals, headgates, springs, ponds, reservoirs, water allotments, water shares and stock certificates, contracts, units, wells, and easements and rights of way associated therewith. The "Water Rights" include surface water rights and groundwater rights, whether tributary or nontributary, decreed or undecreed, and specifically Grantor's interest in the following: 0.4 cubic feet per second of water for irrigation from Prior Ditch No. 25 (a.k.a. Small Prior Ditch) located in Garfield County, Colorado in the NWI/4NE!/4SE114 of Section 32, Township 6 South, Range 87 West of the 6'11 P.M., Water District 38, Division 5, on Coulter Creek tributary to Cattle Creek, tributary to the Roaring Fork River, priority no.! 03, as decreed in case no. W3232 on May II, 1889 with an appropriation date of August 25, 1884; 1.5 cubic feet per second of water for irrigation and domestic use from Toms Spring, located in Garfield County, Colorado in the SE1/4SW114NEI/4 of Section 32, Township 6 South, Range 87 West of the 6'11 P.M., Water District 38, Division 5, on Coulter Creek, tributary to Cattle Creek, tributary to the Roaring Fork River; as decreed in com1 case no. Wl898 on December 31, 1973, with an appropriation date of December 31, 1910; and 0.9 acre feet of water for irrigation, recreation, fishery, fire and stock from Teal Pond, located in Garfield County, Colorado in the SE114SW114NEI/4 of Section 32, Township 6 South, Range 87 West of the 6th P.M., Water District 38, Division 5, on Coulter Creek, tributary to Cattle Creek, tributary to the Roaring Fork River, as decreed in case no. 99CW0173 on December 31, 1999 with an appropriation date of September I, 1975; 3803110_2.DOC 22 EXHIBIT 13 AVLT Letter Boarrl of Directors Jim Cardamone P/'0s/denl Dave Bellack Vice-Prasident Gary KnaLs Secrclary Dan Brumbaugh Treasurer Jeanne Doremus tSill Kane Amy Daley Krick Fred Lodge Matt Sturgeon Staff Suzanne $tephens Executive Director Melissa Sumera Aperatiotls Director Dave Erickson Stewarc!sliip Di rector Erin Quinn Canservation Director Valery Kelly Developtnent Director Sawing the best ... to last June 7, 2016 James Peterson 1654 County Road 121 Carbondale, CO 81623 RE: Abandonment of 60' Connection R.O.W. Dear Mr. Peterson, The Aspen Valley Land Trust (AVLT) has received your request regarding the abandonment of a Garfield County R.O.W. across the northern portion of your property (78 acres) that is under conservation easement (CE) with AVLT (CE Recorded on L2/27/2OO7 at Reception#740028 and Amended on 6/9/2OLO at Reception#787037). The location of this R.O.W. is depicted on the attached exhibit and labeled '160' Connection ROW". AVLT is not opposed to this request as no adverse impact to the property under CE is anticipated by this action. Should you or Garfield County have any additional questions regarding this matter,.do not hesitate to qontact me. Thank you, /"-l iur/z^- Dave Erickson Stewardship Director 970.963.8440 dave@avlt.org Aspen Valley Land Trust, 320 Main Street, Suite 204, Carbondale, CO 81623 tel:97O1963.8440 fax:9701963.8447 email: avlt@avlt.org www.avlt.org EXHIBIT 14 Resolution No.: 2010-39 STATEOFCOLORADO ) ) ss. COUNTY OF GARFIELD ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at June 7, 2010 there were present: .!T.!!ree;,s!!_i !JH!l!O'!!UO.!!.tL--_______ , Commissioner ,Mik"''""'e_,S,.arns.,"'on"-------• Commissioner "J o,.hn"""M"""arn"-"1· oL--------• Commissioner Chairman £EO!!d~G;!!reel£E!n!L.. ________ , County Administrator .,D,e,bo"'r"'ah"'-'Q"'uum"'·""'------· Assistant County Attorney ,.,Jeo.an!!UA1ll!!be!£rui~aco.,_ ______ , Clerk to the Board when the following proceedings, among others were had and done, to wit: RESOLUTION NO. ,Joto -_,:,.3:_i!___ A RESOLUTION CONCERNED WITH VACATING A PORTION OF PUBLIC ROAD RIGHT-OF-WAY AND ACCEPTANCE OF AN EASEMENT DEED AS PUBLIC ROAD RIGHT -OF-WAY OTHER WISE KNOWN AS A PORTION OF COUNTY ROAD 121 FROM JAMES D PETERSON AND HENSLEY R. PETERSON Recitals A Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. James D. Peterson and Hensley R. Peterson (the "Applicants") have applied to !he Board of County Commissioners to vacate a portion of a deeded public road right-of-way, as such lies within the property of the Applicants as set forth below. The right-of-way was deeded to the county in 1904 from Amos Ralston, as recorded in Book 64, Page 73 of the records of Garfield County, Colorado (the "Ralston right-of way"). C. That portion of the Ralston road right-of-way as set forth below is no longer needed as a public road right-of-way since, among other things, County Road 121 was not constructed entirely within the Ralston right-of-way and the Applicants have tendered to the County two deeds for alternative rights-of-way, including the land where County Road 121 has been built, in place, and used for decades through Applicants' property. D. The Board of County Commissioners is entitled to vacate a public road right-of-way by resolution pursuant to the provisions of Section 43-2-303(l)(b), C.R.S. and Section 4-110 of the Garfield County Unified Land Use Resolution of 2008, as amended ("ULUR"). Page 1 of3 1(, (j 111111/P'i. m,i'l. '!\Q>IM,rle\I',Mir\11. ~1.rw.Mf, ~·~ ~~~ IIIII Receptjon#: 787039 C6/09/2010 09:39·2A AM Jean Alb~rico 2 of 16 Rae Fee:$0.00 Doc Fee:lil.0D GARFIELD COUNTY CO E. The Planning Commission considered this request at a public meeting held on, February 24, 2010, at which time the Commission recommended approval with conditions to the Board of County Commissioners. F. The Board of County Commissioners opened a public hearing on the 12th day of April, 2010 for consideration of whether the proposed road vacation should be granted or denied, during which hearing the public and interested persons were given the oppornmity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 7th day of June, 2010 to make a final decision. H. The purpose of the hearing is to determine whether to vacate that portion of the Ralston right-of-way which is no longer required for road purposes because the actual county road 121 has been constructed and in use in a different location on the Applicants' property and the Applicants have tendered deeds for the county road as it currently exists through their property as a replacement for the deeded right of way. I. The Board of County Commissioners is also entitled to accept rights-of-way properly dedicated to the public, for use by the public, and on behalf of the public, pursuant to the provisions of Section 43-2-201(I)(a), C.R.S., as amended. · J. The Board of County Commissioners wishes to accept dedication of two replacement public road rights-of-way from the Applicants as set forth below. NOW, TiffiREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, as follows: I. That the foregoing Recitals are incorporated by this reference. 2. That portion of the deeded road right-of-way no longer needed for road purposes described as follows and as depicted in Exhibit "A" attached hereto, should be and hereby is vacated: A strip of land bounded and described in a warranty deed dated October 3, 1904 from Amos Ralston to the Board of County Commissioners of Garfield County; recorded as Document No. 30260 in Book 64 at Page 73, on January 5, 1905, as follows: Beginning at a point on the line to Lots 1 and 3, Section 32, T. 6 S., R. 87 W., 6th P.M., whence the SW comer of Sec. 32 in said Township bearsS. 55°33' W. 2626 feet, thence N. 39°18' E. 17 8 ft. to a point, thence N. 31 ooo• E. 621.4 ft. to a point, thence S. 82 o 14' E. 40 I. 7 ft. to a point, thence N. 18°52' E. 189ft. to a point, thence N. 19°30' W. 390ft. to a point, thence N. 46°14' E. 460ft. to a point, thence N. 81 °52' E. 210ft. to a point, thence N. 31°12' W. 252ft. to a point, thence N. 14°44' W. 62ft. more or less to the point of intersection with the northerly boundary line of the 78 acre parcel owned by James D. Peterson and Hensley R. Peterson. Being a strip of land 60 feet in width. Page 2 of3 1111 ft\\'•~l~.l'l. '1\MII.I~LIIf\f, llf\1, r'r\1. ~r. 1W l+n& ~·o!. IIIII Reception#: 787039 06/09/2010 09:38:24 RM Jean Rlbe~ico 3 of 16 Rec Fee:$0_00 Doc Fee:0.00 GJ:iRFlELD COUNTY CO 3. That pursuant to the foregoing vacation, title to such property shall vest in the adjoining property owner(s), James D. Peterson and Hensley R. Peterson. 4. The foregoing vacation does not leave any property adjoining said public road right-of-way without an established public road connecting said land with another established public road. 5. This vacation does not leave any public land without access to a public road. 6. That this vacation is in the best interest and for the health, safety and welfare of the general public. 7. The Board of County Commissioners hereby accepts as the new public road right- of-way for County Road 121 the properties deeded by James D. Peterson and Hensley R. Peterson through the Easement Deeds attached hereto as Exhibit• "B" and "C". The acceptance by this Resolution is limited to the descriptions contained therein. The chair is authorized to sign the originals of these deeds, and they shall be separately recorded at the same time as, and immediately following, the recording of this Resolution. '7 ~ day of 1 DATED this -'~==="------• 2010. BOARD OF COUNTY COMMISSIONERS GARFIELD 0 Y, COLORADO ATTEST: Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: __________ ,, Aye ------------• Aye Aye Commissioners Page 3 of3 "EXlllBIT A" ~Su~ye"d rt;,rfh-~y ProP«rtY lin; o/ Pt~ltt~ .18. ·acr4 pores/, • ,. ·:J 1 --tot 4 ----- I ! I / / I ._-_; .,. l( lllll!ll'o.~l,,~'IIMI~lW!r.~ lt/1.1\!IJ.r+l~ ~ lillU·~ IIIII Reception~: 787039 06/09/2010 09:36:24 flM Je~n J.:llberir.::o 5 of 16 Reo Fee:$0.00 Doc Fee:0.~0 GARFIELD COUNTY CO SPECIAL WARRANTY DEED (Replacement Right-of-Way) For good consideration, JAMES D PETERSON AND HENSLEY R. PETERSON, Grantors, hereby bargain, deed and convey to the County Commissioners of Garfield County, State of Colorado, a 60 foot right-of-way for county road purposes, being 30 feet on either side of the centerline of the "Replacement Right-of-Way" depicted on attached Exhibit "A" and legally described on attached Exhibit "B". Grantors, for themselves and their heirs, hereby covenant with Grantee, its heirs, and assigns, that, subject only to the title exceptions listed on Exhibit "C", Grantors are lawfully seized in fee simple of the above-described premises; that they have a good right to convey; that the premises are free from all encumbrances; that Grantor and its heirs, and ali persons acquiring any interest in the property granted, through or for Grantor, will, on demand of Grantee, or its heirs or assigns, and at the expense of Grantee, its heirs or assigns, execute an instrument necessary for the further assurance of the title to the premises that may he reasonable required. The easement herein conveyed is for the sole purpose of locating, constructing, maintaining, repairing or replacing a county road to be incorporated within the public road system for access and for the use of the public, reserving any and all minerals and the right to use the subsurface thereof, provided such docs not interfere with the use of the entire surface for public roadway purposes. The Grantors, for the Grantors and the Grantors' heirs and assigns, do covenant and agree that the Grantors shall and will WARRANT AND FOREVER DEFEND the above-described premises in the quiet and peaceable possession of the Grantee against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors, except and subject to the matters listed on Exhibit C. IN WITNESS WHEREOF, the Grantors have executed this document this ?, '14 1\ day of V<A /c j , 20\0. [Signature Page to Follow} GRANTORS: d. utvJ !vtj f-. P J11t>.-:; ,V'-_ HENSLEY R. PETERSON STATE OF COLORADO COUNTY OF fi'i"hm~ ) ) ss ) ~ The foregoing instrument was acknowledged before me this.;tl day of -L~J.&!?---~ 20 I 0, by the above-named James D. Peterson. and official f:jL } expires SA J{l STATE OF COLORADO COUNTY OF ?{1i:m ) ) ss ) A The foregoing instrument was acknowledged before me thi~ay of ~ 20 I 0, by the above-named Hensley R. Peterson. Witness my hand and offic~o-0: My commlSSlOll expires a 2 1m w .. ~1~.~~~M~~ l'tl! tlli·t~~ r1!1\ r-11~ r!fll ,lifU"llllll Reception~: 787039 06/~912010 09:38:24 RM Jean Alberico 7 of 16 Rec Fee-$0 00 Doc Fee:0.00 GRRF!ELD COUNTY CO Acceptance The Board of County Commissioners of Garfield County, Colorado hereby accepts as public road right-of-way the property described in this Special Warranty Deed. The property hereby accepted as public road right-of-way shall be known as County Road 121 by resolution of the Garfield County Commissi s adopted the ') .._ day of 2010. ATTEST: 3 "EXIllBIT A" look. 445, P'Cg~t .. , J ,_· '~·ri n"orth;rly ProParty' /ln; or.'. , Pt!Jte.r;:on_ .78. ·octa parct!Jf, Lo,t 1 1904 Ralston ROW . 8opi<-f4S.,PD{it1 Ff! --L'ot 4 .... ---... 1111 ~\1";. ~lM';."M~~l,!lifltU loilj, !lrll.rPIJI rliH !Mi.\~"!. IIIII Reception#; 787039 06/09/2010 ~9:38:24 AM Jean Alberico 9 of 16 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit B Legal Description of Replacement Right-of-Way A road right-of-way situate in Section 32, T. 6 S., R. 87 W. of the 6th P.M., Garfield County, Colorado, being 60 feel in width and lying 30 feet on each side of the following described centerline: (Bearings as recited in this description are GPS observed Colorado State Plane grid bearings {rotate described bearings I '01 '48" counterclockwise to gel true (Geodetic) bearings}, recited distances are ground distances). Beginning at a point on the northerly property line of the 78 acre parcel owned by James D. and Hensley R. Peterson in said Section 32, said point of beginning having a Colorado State Plane (Central Zone-NAD 83) coordinate of north 1608032.66 east 2539657.19 Lat. N 39"29'29.31905 Long.W I 07'07'52.48025" (WGS 84-1992), thence along the center of said road right-of-way 131.10 feet along the arc of a curve to the right, having a radius of 123.73 feet, a central angle of 60'42'36", and subtending a chord bearingS 02'00'26" W 125.05 feet; thence S 32'21 '44" W 224.63 feet; thence 93.29 feet along the arc of a curve to the left, having a radius of 122.00 feet, a central angle of 43'48'52",and subtending a chord bearing S 10'27'18" W 91.03 feet; thence, S II '27'08" E 235.29 feet; thence 190.60 feet along the arc of a curve to the right, having a radius of 354.69 feet, a centra! angle of30'47'22", and subtending a chord bearingS 03'56'33" W 188.32 feet; thence, S 19"20'14" W 94.90 feet; thence 473.97 feet along the arc of a curve to the right, having a radius of 503.02 feet, a central angle of 53'59'14", and subtending a chord bearing S 46'19'51" W 456.63 feet; thence, S 73'19'28" W 48.53 feet; thence !69.4lfeet along the arc of a curve to the left, having a radius of 444.25 feet, a central angle of 21 '50'59", and subtending a chord bearingS 62'23'58" W 168.39 feet; thence, S 51"28'29" W 408.86 feet more or less to the west line of Government Lot I of said Section 32, the point of ending. The sidelines of the above-described right-of-way to be lengthened or shortened on the westerly end to terminate on said west line of Government Lot I and on the northerly end to terminate on the northerly line of the Peterson 78 acre parcel. The above description is based upon a survey of the existing road by Samuel Phelps, Garfield County Surveyor, dated November 27, 2004, for Garfield County. 5 Exhibit C Exceptions to Title I. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORJTY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 29,1910, IN BOOK 71 AT PAGE~ 2. 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 MARCH 29, 1910, IN BOOK 71 AT PAGE~ 3. A STRIP OF LAND DEEDED TO THE BOARD OF COUNTY COMMISSIONERS AS DESCRIBED IN DEED RECORDED JANUARY 5, 1905 IN BOOK 64 AT PAGE 1l 4. TERMS, CONDITIONS AND PROVISIONS OF ROAD VIEWERS REPORT RECORDED JULY 27, 19041N BOOK ROAD RECORD I AT PAGE 131. 5. RESERVATION OF A PERPETUAL EASEMENT OR RIGHT OF WAY FOR A ROAD AS DESCRIBED IN DEED RECORDED FEBRUARY 21, 19521N BOOK 263 AT PAGE 206. 6. TERMS, CONDITIONS AND PROV1SIONS OF DEED RECORDED MAY 24, 1966 IN BOOK 376 AT PAGE 343. 7. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 20, 1995 IN BOOK 934 AT PAGE 735. 8, TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 20, 1995 IN BOOK 934 AT PAGE lli 6 ' ' 1111111!1'.1. tiMIMI'!j~l~,~o/;llt.ll, illw.!>Wirik'~.~'~ IIIII I Reception~: 787039 06109!2010 09:39,24 8M Jean Alberico 11 of 16 Re-o;; Fee:$0.00 Doc Fee:0.00 GflRFlELD COUNTY CO SPECIAL WARRANTY DEED (Connector Right-of-Way) For good consideration, JAMES D PETERSON AND HENSLEY R. PETERSON, Grantors, hereby bargain, deed and convey to the County Commissioners of Garfield County, State of Colorado, a 60 foot right-of-way for county road purposes, being 30 feet on either side of the centerline of the "Connector Right-of-Way" depicted on attached Exhibit "A" and legally described on attached Exhibit "B" unless the County Commissioners vacate the remainder of a right of way described in a warranty deed dated October 3, 1904 and recorded in Book 64 on Page 73, Reception No, 30260 which lies north of the Connector Right-of-Way, in which case all right, title and interest in the Connector Right-of-Way granted to the County pursuant to this Special Warranty Deed shall automatically revert to Grantors. Grantors, for themselves and their heirs, hereby covenant with Grantee, its heirs, and assigns, that, subject to the title exceptions listed on Exhibit "C" and the possibility of reverter described above: Grantors are lawfully seized in fee simple of the above- described premises; that they have a good right to convey; that the premises are free from all encumbrances; that Grantor and its heirs, and all persons acquiring any interest in the property granted, through or for Grantor, will, on demand of Grantee, or its heirs or assigns, and at the expense of Grantee, its heirs or assigns, execute an instrument necessary for the further assurance of the title to the premises that may be reasonable required. The easement herein conveyed is for the sole purpose of locatingj constructing, maintaining, repairing or replacing a county road to be incorporated within the public road system for access and for the use of the public, reserving any and all minerals and the right to use the subsurface thereof, provided such does not interfere with the use of the entire surface for public roadway purposes. The Grantors, for the Grantors and the Grantors' heirs and assigns, do covenant and agree that the Grantors shall and will WARRANT AND FOREVER DEFEND the above-described premises in the quiet and peaceable possession of the Grantee against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors, except and subject to the matters listed on Exhibit C. IN WITNESS WHEREOF, the Grantors have executed this document this _2'}_ day of /Df\'-( , 2010. [Signature Page to Follow} 0 llllll'i•',o!IUM'&'Mr'l!.l ~l,l'ty,y',~"·~lotrt'i+l!~lull'-:NIU•~ II Ill Reception#: 787039 ~~~g~~~~1 ~a~9F~!:~ci.~~ o~baFa~l~~~bc~~RFIELD COUNTY CO GRANTORS: <Dl'"'v.--C\ [, 0, (". PL-t'l.d •"'-- HENSLEY R. PETERSON STATE OF COLORADO COUNTY OF 1i1/ii,'(t: ss .__.n;The foregoing instrument was acknowledged before me thisdZaay of -~--<-~'/)4-o/· 2010, by the above-named James D. Peterson. Witness my hand and official seaJ. j My commission expires_____EJ,/~/9., :t22The foregoing instrument was acknowledged before me this2:]'cray of %Y 2010, by the above-named Hensley R. Peterson. Witness my hand and offic~~d My commission expires ~ ~~j;h 2 '6 SQuth._~ -. -... ... ... ... ... - "EXHIBIT A" , I • • .• • l • • ,. S~ north~rfy pro~rly rrmr of ~let'$0¥1-JB.octa p~l. ·~ .LQ{. 1. L'ot 4 I I ' I / / .-..•. I •.-. N" iwoo'oo" ;_.:_ P7J)T: IIIII ~'1~"• ~lfl'1rlf'A'I,If',l [l!ft'ri~:l~ lryl~lll•:lfl~llii.U".I 1111111 Reception~: 787039 061e9/2010 09:38.24 AH Je~n Alberico 14 of 16 R$C Fee;$0.00 Doc Fee:0.00 G~RFIELO COUNTY CO ExhibitB Legal Description of Connector Right-of-Way A strip of land being 60 feet in width lying southerly of, adjacent to, and parallel with the northerly line of that 78 acre parcel ofland owned by James D. Peterson and Hensley R. Peterson ("Petersons") in Section 32, T. 6 S., R. 87 W. of the 6th P.M., Garfield County, Colorado, extending from the easterly right-of-way line of that certain "Ralston" right-of- way granted to Garfield County by warranty deed dated October 3, 1904 and recorded in Book 64 on Page 73, Reception No. 30260, and extending southwesterly approximately 322.99' along the north boundary of the Peterson property to the easterly right-of-way line of the "Replacement !Ught-of-Way" granted by Petersons to Garfield County pursuant to that Special Warranty Deed dated May ~~· 20 I 0 and recorded in the Garfield County real property records contemporaneously with this Special Warranty Deed. 5 IIIII ~~·.~. ~~~'A'Irllll \.~~ r~t!L'~r~l'llr.:rrt~~II+I•'J'Id,,, ,~'II. IIIII Reception~: 787039 0&10912010 09:3B:24 ~ Jean Alberico 15 of 16 Rec Feeo$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit C Exceptions to Title I. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORJTY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 29, 1910, IN BOOK 71 AT PAGE 1J.lh 2. RIGHT OF PROPRIETOR OF A VEJN 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 MARCH 29, 1910, IN BOOK 71 AT PAGE;illh 3. A STRJP OF LAND DEEDED TO THE BOARD OF COUNTY COMMISSIONERS AS DESCRJBED IN DEED RECORDED JANUARY 5, 1905IN BOOK 64 AT PAGE 73. 4. TERMS, CONDITIONS AND PROVISIONS OF ROAD VIEWERS REPORT RECORDED IUL Y 27, 1904 IN BOOK ROAD RECORD I AT PAGE 131. 5. RESERVATION OF A PERPETUAL EASEMENT OR RIGHT OF WAY FOR A ROAD AS DESCRIBED IN DEED RECORDED FEBRUARY 21, 1952 IN BOOK 263 AT PAGE 206. 6. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED MAY 24, 1966 IN BOOK 376 AT PAGE 343. 7. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 20, 1995 IN BOOK 934 AT PAGE 735. 8. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 20, 1995JN BOOK 934 AT PAGE :viL 6 1111111 Ml'o~.llfi!li'&~,RI'V~~~.W~cl~~ ~r~rr,"l,'l:lll{~.~"j 11111111 Reception#: 787039 06/09/2010 09:38:24 AM Jean Alberico 16 of 16 Rec fe,.:$0.00 Doc Fae:0_00 GARFIELD COUNTY CO Acceptance The Board of County Commissioners of Garfield County, Colorado hereby accepts a' public road right-of-way the property described in this Special Warranty Deed. The property hereby accepted as public road right-of-way shall be known as Co.J:lrty Road 121 by resolution of the Garfield County Commissioners adopted the 7 day of r. 2010. ATTEST: 3 EXHIBIT 15 Site Photographs 402 Park Drive ඵ Glenwood Springs ඵ Colorado ඵ 81601ඵ P:970.945.0832 ඵ F:970.945.0833 ඵ E:tim@tgmalloy.com Peterson Ranch and Coulter Creek Valley Ranch Application for Vacation of a County Road or Public Right-of-Way and Location & Extent Review EXHIBIT 15 - SITE PHOTOGRAPHS #1 – View toward Gate 1 #2 – View of potential turn-around area Peterson Right-of-way Vacation July 15, 2016 2 402 Park Drive ඵ Glenwood Springs ඵ Colorado ඵ 81601ඵ P:970.945.0832 ඵ F:970.945.0833 ඵ E:tim@tgmalloy.com #3 – View toward Peterson Residence #4 – View toward Ralston ROW (Row is within scrub oak stand) Peterson Right-of-way Vacation July 15, 2016 3 402 Park Drive ඵ Glenwood Springs ඵ Colorado ඵ 81601ඵ P:970.945.0832 ඵ F:970.945.0833 ඵ E:tim@tgmalloy.com #5 – View toward north end of Ralston ROW/Upper Pasture #6 – View north down centerline of Ralston ROW from point near two-track road Peterson Right-of-way Vacation July 15, 2016 4 402 Park Drive ඵ Glenwood Springs ඵ Colorado ඵ 81601ඵ P:970.945.0832 ඵ F:970.945.0833 ඵ E:tim@tgmalloy.com #7 – View toward two-track road from Ralston ROW #8 – View of two-track road looking toward CR 121 (Connector ROW runs parallel to fence on left side of road) Peterson Right-of-way Vacation July 15, 2016 5 402 Park Drive ඵ Glenwood Springs ඵ Colorado ඵ 81601ඵ P:970.945.0832 ඵ F:970.945.0833 ඵ E:tim@tgmalloy.com #9 – View toward northeast near end of two-track road #10 – View toward Ralston ROW from point near end of two-track road