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ATTORNEYS DAN KERST dan @dankerstpc.corn KELLY CAVE kelly@dankentpc.com DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 September 15, 2009 Thomas Veljic, AICP Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Doug Coffman Subdivision CPPF6609 Our File 13282 Dear Tom: PARALEGAL ELISABETH GETZEN egetzen @ dankerstpc.com RECEIVED SEP 7 MN GARFIELD COUNTY BUILDING & PLANNING In response to your letter dated September 11, 2009, we are submitting, on behalf of the Rex Allen Coffman Revocable Trust and the JoAnn G. Coffman Revocable Trust (collectively the "Trusts") twenty-four (24) hard copies and five (5) disks of the submittal documents, as amended, for the Doug Coffman Subdivision. In an effort to minimize the paperwork, I updated the original documents with the revised documents from the supplemental information delivered on August 14, 2009. The Table of Contents has been updated as well. In addition, Tab 1 includes our cover letter requesting the recording of the Power of Attorney. The Preliminary Plan Map includes all easements from the title commitment and the Lots are numbered 1 and 2. The road/drive area is listed on the Plan Map, and the recorded Amendment to the Conservation Easement (Reception No. 768988) is included at Tab 3. A proposed Amendment and Restatement of the Covenants is added to Tab 18. The Amended and Restated Covenants are not recorded (as requested in your September 11, 2009 letter) since the landowners do not want to modify the covenants until the subdivision is approved. Finally, the applicant is in the process of installing the culvert on Lot 2 in the next few week;. Therefore, the Subdivision Improvements Agreement has not been modified. Next week, we will begin work on the public notice requirements for the scheduled Planning Commission meeting on November 18, 2009 at 6:30 P.M. Please contact me if you have any questions or require any additional information. Yours very KELLY CAVE encl. xc: Rex and JoAnn Coffman (w/o enclosures) Doug Coffman (w/o enclosures) Michael Erion, P.E. (w/o enclosures) Don Scarrow (w/o enclosures) 6.630Cnlfnun RTS.sR.iaann,LTA VCI TABLE OF CONTENTS DOUG COFFMAN SUBDIVISION 1. The Application, Colorado Geological Survey Submittal Form, Special Warranty Deeds showing current ownership of the Subdivision, Statements of Authority for the Trusts, Pre -Application Conference Summary dated May 21, 2009, and a limited Power of Attorney appointing Doug Coffman as attorney-in-fact for the Trusts (with letter dated September 8, 2009 requesting recording the Power of Attorney). 2. The Preliminary Plan Map and Final Plat. 3. Amended and Restated Deed of Conservation Easement in Gross recorded as Reception No. 665189 in the Garfield County Clerk and Recorder's Office (see Tab 21); letter from AVLT dated May 21, 2009; Quitclaim Deed transferring mineral interests to Aspen Valley Land Trust; Amendment and Correction to Amended and Restated Deed of Conservation Easement in Gross recorded as Reception No. 768988 in the Garfield County Clerk and Recorder's Office. 4. Well Permit No. 278933. 5. Appraisal from High Country Appraisal Associates dated May 22, 2009. 6. Excerpts from the USDA Soil Conservation Service for the Aspen -Gypsum Area showing the Property with the soil types identified and interpretation tables. 7 Drive Permit Number GRBO8-D-80 approved by the Garfield County Road and Bridge Department. 8. Assessor's Map and List of Adjacent Property Owners. 9. Statements from the proposed utilities expressing the ability to serve Parcel Al of the Subdivision. 10. Resource Engineering Inc. prepared attachments for the following sections of the Garfield County Land Use Code: i. Section 4-502 D Land Suitability Analysis ii. Section 5-502 J Traffic Study iii. Sections 7-104, 7-105, and 7-106 Physical and Legal Supply of Water iv. Section 7-106 Wastewater v. Section 7-108 Access and Roadways vi. Section 7-205 Erosion and Sedimentation vii. Section 7-206 Drainage viii. Section 7-207 Stormwater Run -Off ix. Section 7-208 Air Quality x. Section 7-212 Reclamation xi. Section 7-701 Floodplain Overlay District 11. Archaeological Report prepared by Metcalf Archaeological Consultants, Inc. dated May 18, 2009. 12. Geology and Hazard Impact Analysis Prepared by HP Geotech dated May 14, 2009. 13. Vegetation (weed) Management plan for Doug Coffman Subdivision. 14. Wildlife Report (previously submitted with Exemption Application). 15. Landscape Maps and Aerial Map of Two Acre Building Envelope. 16. Vegetation and Plant Community Report 17. Subdivision Improvement Agreement. 18. Covenants for Coffman Ranch Subdivision Exemption North Parcel and proposed Amended and Restated Covenants for Coffman Ranch Subdivision Exemption North Parcel (not recorded). 19. Slough Irrigation Ditch Correspondence. 20. Wildfire Hazards Statement. 21. Title Commitment and Exceptions. 1 • ATTORNEYS DAN KERST dan@dankersipc.com KELLY CAVE kelly@dankerstp c. com DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE. SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 June 10, 2009 w Kathy Eastley Senior Planner Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Doug Coffman Subdivision File #: 13282 PARALEGAL ELISABETH GETZEN egetzen@dankerstpc.com Via Hand Delivery Dear Kathy: Our firm represents the Rex Allen Coffman Revoable Trust and the JoAnn G. Coffman Revocable Trust (collectively the "Trusts"). The Trusts own Lot 4 of the Coffman Ranch Subdivision Exemption which contains approximately 149.763 acres of real property located approximately 1.7 miles east of Carbondale, Colorado as more particularly described on the Preliminary Plan Map and Final Plat attached at Tab 2 (the "Property"). Mr. and Mrs. Coffman, as Trustees of the Trusts, wish to subdivide the Property for estate planning purposes to gift Parcel Al to their son, Doug Coffman. As you may recall, the Coffmans were granted a subdivision exemption in 2004 whereby three (3) lots and a remainder parcel (Lot 4) were created. The Coffmans are applying for a subdivision to create one (1) additional 9.127 acre lot from Lot 4. The exemption review process analyzed many requirements similar to this subdivision application. Therefore, several exhibits are being re -utilized to satisfy the requirements of the Garfield County Unified Land Use Resolution (the "Code"). Additionally, there is a conservation easement encumbering a portion of the Property recorded as Reception No. 643445 and as amended by Reception No. 665189 in the Garfield County Clerk and Recorder's Office (see Tab 3) (the "Conservation Easement"). The Conservation Easement allows the applicant to separate one (1) lot not to exceed approximately nine (9) acres in size and to erect one (1) single-family homesite. Aspen Valley Land Trust ("AVLT") recently increased the allowable size of the lot from 4 1/2 acres to approximately nine acres by amendment (see Tab 3). The amendment has been delivered to the Garfield County Clerk and Recorder's Office for recording. Additionally, attached is a letter from AVLT dated May 21, 2009, supporting this application for subdivision (see Tab 3). Finally, a homeowners association was established for the Coffman Exemption (see Tab 18). We believe that the covenants for the Exemption parcels, Conservation Easement and plat notes on the Final Plat for the Subdivision will adequately restrict the use of the Property in substantial compliance with the intent of the Code. O.'4 C M... -S% dob 'lf LAW." Page 1 of 5 June 10, 2009 Page Page 2 of 5—Kathy Eastley, Doug Coffman Subdivision Application Requirements For Preliminary Plan 1. Application Form and Fee at Tab 1, check in the amount of $1,665 attached 2. Vicinity Map—On the plats at Tab 2 3, Preliminary Plan Map at Tab 2 4. Yield Plan (Conservation Subdivision Only)-nla 5. Open Space Plan-nla This is a standard subdivision with no requirement for open space. One (1) single family dwelling will be built in a two (2) acre building envelope in compliance with the Conservation Easement. No common areas are proposed with the remainder parcel. 6. Open Space Management Plan -ala 7. Impact Analysis: Tabs 10, 11, 12, and 14 address the potential impact of the proposed Subdivision. The remainder parcel is not discussed or analyzed since no new dwellings will be constructed on the remainder parcel. The Conservation Easement should minimize the impact of the Subdivision with perpetual deed restrictions for conservation purposes. Traffic will be minimally impacted with the development of one (1) single family dwelling unit on approximately nine (9) acres. 8. Land Suitability Analysis: Parcel Al is located adjacent to County Road 100. The land is fairly level. Geologic hazards are discussed at Tab 12. The existing flora and fauna are described at Tab 14. Protected archaeological resource areas are reviewed at Tab 11. The remainder parcel is not discussed or analyzed since no development will take place on the remainder parcel. The Well permit is attached at Tab 4. A Wildfire Hazards Statement is attached at Tab 20. 9. Lighting Plan consistent with standards. Parcel Al is secluded with extensive vegetation buffering it from its neighbors and County Road 100. Additional lighting restrictions are discussed in this letter below. 10. Visual Analysis: As discussed above, Parcel Al is well buffered from adjoining properties (see Tab 15). With the extensive vegetation and limited two (2) acre building envelope, Parcel Al will have minimal visual impact on its neighbors or the drivers on County Road 100. 11. Preliminary Engineering Reports and Plans a. streets, trails, walkway-nla b. engineering design for any culvert to be constructed at Tabs 10 and 19 c. identification and mitigation of geologic hazards at Tab 12 d. sewage collection and water supply and distribution system at Tab 10 e. Erosion and Sediment Control Plan at Tab 10 f. Water Supply Plan at Tab 10 g. Sanitary Sewage Disposal Plan at Tab 10 12. Preliminary Declaration of Covenants and Restrictions, HOA documents—attached at Tab 18. As mentioned above, an HOA is already in existence for the Property. Additional covenants can be added to the Final Plat, if necessary. q..cNfra s.64 4.i Li% Wwry.wp Page 2 of 5 June 10, 2009 Page Page 3 of 5—Kathy Eastley, Doug Coffman Subdivision For Final Plat 13. Application Form and Fee—Tab 1, check in the amount of $1,665 attached 14. Vicinity Map—On the plats at Tab 2 15. Final Plat -Tab 2 16. Final Engineering Reports and Plans a. streets, trails, walkway-nla b. engineering design for any culvert to be constructed at Tabs 10 and 19 c. mitigation of geologic hazards at Tab 12 d. sewage collection and water supply and distribution system at Tab 10 e. soil suitability information at Tab 6 f. groundwater drainage at Tab 10 g. Erosion and Sediment Control Plan at Tab 10 h. final cost estimates for public improvements-nla i. Certification of all mortgages, liens, judgments. easements, contracts and agreements of record regarding the land to be platted are described in the title commitment at Tab 21. The Coffmans mineral rights were deeded to AVLT (see Tab 3). 17. Landscape Plan— Tab 16 contains the Vegetation and Plant Community Report prepared for the Conservation Easement. Landscaping is permitted only within the two (2) acre building envelope on Parcel Al in accordance with the Conservation Easement. The Report, the Conservation Easement and limitation on the location of where landscaping is allowed reasonably meet the intent of the landscape plan in the Code. The maps at Tab 15 provide topographic information. Tab 13 provides the Weed Management plan. 18. Open Space Plan—This is a standard subdivision with no requirement for open space. One (1) single family dwelling will be built in a two (2) acre building envelope in compliance with the Conservation Easement. No common areas are proposed with the remainder parcel. 19. Open Space Management Plan-nla 20. Improvements Agreement—there are no public improvements in the Subdivision so an SIA is not needed. If required by the County, a limited SIA is attached at Tab 17. 21. Letter of intent for service from all of the utility providers is attached at Tab 9. Contract for Services shall be executed prior to Final Plat recordation. 22. Final Declaration of Covenants and Restrictions, HOA documents—attached at Tab 18. As mentioned above, an HOA is already in existence for the Property. Additional covenants can be added to the Final Plat if necessary. Adjoining property owners and a copy of the Assessor's Map are included at Tab 8. Article VII, Standards The Property is zoned Rural, and a single family dwelling unit is a use permitted by right. The Property is located in Study Area 1 and is designated as "Low Density Residential" which suggests an overall density of 10 acres per dwelling unit. The subdivision, if approved, will result in an overall density which is well below the density suggested in the Comprehensive Plan. This subdivision will create one (1) new lot with a remainder parcel. Therefore, no affordable housing requirement is triggered. The proposed building envelope for Parcel Al is compatible with the adjacent land uses. Page 3 of 5 • June 10, 2009 Page Page 4 of 5—Kathy Eastley, Doug Coffman Subdivision Aerial photos of the proposed building envelope at Tab 15 show that the area has extensive vegetation that will screen adjoining properties from the homesite. One single family dwelling unit on 9.127 acres will not adversely impact adjacent land. The single family dwelling unit will have its own well and individual sewage treatment system. Michael Erion from Resource Engineering, Inc. addresses the subdivision's sufficiency of legal and physical source of water, adequate water supply, and adequate central water distribution and wastewater at Tab 10 attached. Fire protection, electric, gas. and telephone services are available to serve the Property (see Tab 9). Access and Roadways are addressed in Tab 10 and Drive Permit Number GRBO8-D-80 approved by the Garfield County Road and Bridge Department is attached at Tab 7. The Conservation Easement (see Tab 3) restricts use of the Property thereby protecting adjacent agricultural land. This low density development will have minimal affect on any existing agricultural activities in the area. The plat notes address the limitations on domestic animals in the Subdivision. No fences are proposed at this time. The Slough Ditch cuts through a portion of the Property. Doug Coffman sent a letter to the Slough Ditch users (there is no recognized Board of Directors) on May 20, 2009, notifying them of the proposed development and culvert required to access his single family homesite, More than fifty percent (50%) of the ditch users approved of the development and culvert design (see attached Tab 19). A Wildlife Report is attached at Tab 14 (previously submitted with the Exemption Application), The overall intent of the subdivision is to minimize the impact of the development on the conservation values of the Property in accordance with the terms of the Conservation Easement. The Conservation Easement restricts the use of the Property to protect local wildlife, agriculture and water quality. Therefore, the applicant is deed restricted to protect agricultural land, wildlife habitat, wetlands, waterbodies and water quality in substantial compliance with Section 7-202 through 7-204 of the Code. Sections 7-205 through 7-212 are addressed in Tab 10. The design of the Subdivision is compatible with the existing character of adjacent uses. Tab 15 shows the aerial view of the proposed Parcel Al . A dwelling on Parcel Al will have virtually no visual impact on neighbors or from County Road 100 due to the proximity of the building envelope being naturally well screened from view and a significant distance away from such adjacent properties. Lighting for the one dwelling unit will be downcast and directed inward toward the interior of the dwelling. Exterior lighting shall be fully shielded or arranged in a manner so that concentrated light will not shine directly onto neighboring properties. Due to the vegetation and distance from County Road 100, no exterior lighting will pose a threat to traffic. Except for the two (2) acre building envelope, the remainder of Parcel Al will remain well vegetated to reduce the effects of wind on the buildings. Fees The school impact fee in the Subdivision Improvements Agreement (Tab 17) still needs to be calculated. Attached at Tab 5 is an appraisal. With the recent market downturn, we are proposing to use 80% of his estimate per acre for the fee school impact fee calculation. Page 4 of 5 June 10, 2009 Page Page 5 of 5—Kathy Eastley, Doug Coffman Subdivision A check in the amount of $1.665 is enclosed for the application review fees. Conclusion The Doug Coffman Subdivision will minimally impact the surrounding properties and environment. One (1) new lot is being created, and the remainder parcel is undisturbed. A Conservation Easement restricts the use of the Property and conserves the agricultural and environmental benefits of the land. In accordance with the previous Subdivision Exemption application submitted by the Caftans, the County has already reviewed several important factors relevant to this subdivision application. We hope that above described documents and analysis have successfully complied with the Code's intent for this small subdivision. Please contact me if you have any questions in regards to the application or need any additional information. xc. Rex and JoAnn Coffman (w/o exhibits) Doug and Julie Coffman (w/o exhibits) Page 5 of 5 v ATTORNEYS DAN KERST dan@dankerstpc.com KELLY CAVE kelly@a dankerstpc.corn DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 August 14, 2009 Thomas Veljic, AICP Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Coffman Subdivision CPPF6609 Our File 13282 PARALEGAL ELISABETH GETZEN e8etzen@wdankerstpc. com Dear Tom: Enclosed please find three (3) sets of the following documents for the Coffman Subdivision Combined Preliminary Plan and Final Plat ("Coffman Subdivision"): 1. Power of Attorney with Exhibit "A". 2. Revised Preliminary Plan and Final Plat. 3. Color copies of the Floodplain Maps. 4. My clients request approval of an Accessory Dwelling Unit ("ADU") under Section 3-304 of the Garfield County Unified Land Use Code. Approval of an ADU requires administrative review. Please let me know if you need information other than the documentation previously submitted for the Coffman Subdivision and whether we need to schedule an additional Pre -Application Conference. Please note that the Conservation Easement allows for an ADU under paragraph 6(B) (see attached copy of the Amended Conservation Easement). 5. Revised Physical and Legal Water Supply (Tab 10, subsection iii) to include ADU. 6. Revised Stormwater Runoff (Tab10 subsection viii) changing the word "pervious" to "impervious." 7. Copies of the title commitment exceptions as requested in your letter dated July 22, 2009. Please note that exception number 22 is the same as 17. n1.M4,rlpa.fl C�RrnMUWixiYs'17A vgj�,r,e August 14, 2009 Page 2— Please contact me if you have any questions or require any additional information. Yours e t KELLY C VE encl. xc: Rex and JoAnn Coffman (w/o enclosures) Doug Coffman (w/o enclosures) Michael Erion, P.E. (w/o enclosures) Don Scarrow (w/o enclosures) GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com g❑❑❑❑❑❑ SUBDIVISION APPLICATION (CHECK THE BOX THAT APPLIES) SKETCH PLAN (optional) CONSERVATION SUBDIVISION PRELIMINARY PLAN PRELIMINARY PLAN AMENDMENT FINAL PLAT FINAL PLAT AMENDMENT / CORRECTION PLAT COMBINED PRELIMINARY PLAN & FINAL PLAT GENERAL INFORMATION (Please print legibly) Name of Property Owner: The Rex Allen Coffman Revocable Trust and the Jo nn G. cable Trust Mailing Address: 183: CR 100 Telephone: ( 970) 963-2375 City: Carbondale State: ro Zip Code: 81673 Cell: ( ) E-mail address: FAX: ( ) Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): Kelly Cave, Esq., Dan Kerst, P.C. Mailing Address: 823 Blake Ave., #202 Telephone: ( 970) 945-2447 City: Glenwood springs State: CO Zip Code: 81601 Cell: ( ) E-mail address: kelly@dankerstpc.c m FAX: ( ) g45_2440 Location of Property: Section 16 Township 78 Range 88W Assessor's Parcel Number: 2 3 9 3- 3 6 3- 0 0 - 2 7 3 Practical Location / Address of Property: 1837 CR 100, Carbondale CO Current Size of Property to be Subdivided (in acres): 1aq_7Ec3 Number of Tracts / Lots Created within the Proposed Subdivision: One plus remaind Last Revised 12/24/08 • • • GENERAL INFORMATION continued... Proposed Water Source: we -1 7 (See "Attachment C" to be completed with Preliminary Plan Application) Proposed Method of Sewage Disposal: ISIS Proposed Public Access VIA: CR 100 Easements: Utility: Ditch: Total Development Area (fill in the appropriate boxes below): (1) Residential Units / Lots Size (Acres) Parking provided Single -Family 1 9.127 Duplex Multi -Family Mobile Home Total 1 9.177 Floor Area (so. ft.) Size (Acres) Parkins Provided (2) Commercial (3) Industrial (4) Public / Quasi -Public (5) Open Space 1 Common Area Total The following general application materials are required for all types of subdivisions in Garfield County. Application materials that are specific to an individual application type (Conservation Subdivision, Preliminary Plan, etc.) are detailed in Section 5-501 of Article V of the Unified Land Use Resolution (ULUR) of 2008. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Article VII of the Unified Land Use Resolution of 2008. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of recorded " Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 1/ x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form. 7. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. The following section outlines and describes the subdivision processes for the variety of subdivision actions that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Article V in the regulations themselves for a higher level of detail. I. THE SKETCH PLAN The sketch plan process (more fully defined in Article V, Section 5-301 of the ULUR) is an optional plan review process intended to review at a conceptual level the feasibility and design characteristics of the proposed division of land. The Yield Plan Review process, set forth in Section 5-309, may be combined with Sketch Plan Review for applications proposing Conservation Subdivision. A. Process: The Sketch Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review by Planning Commission B. Application Materials: The Sketch Plan review process is set forth in Article V, Section 5-301 of the ULUR, Sketch Plan Review and requires the following materials. 1. Application Form and Fees 2. Vicinity Map (5-502(C)(2)) 3. Yield Plan (required for Conservation Subdivision) 4. Sketch Plan Map (5-502(C)(2)) 5. Land Suitability Analysis (4-502(D)) 3 11. THE CONSERVATION SUBDIVISION The Conservation Subdivision (as described in Article V, Section 5-308 of the ULUR) is a clustered residential development option that allows reduced lot size and provides density bonuses in exchange for preservation of rural lands through provision of open space. A Conservation Subdivision shall be designed as a Density Neutral Development Plan or an Increased Density Development Plan. The design standards for each development Plan option are set forth in Article VII, Section 7-501 of the ULUR. A. Process: Conservation Subdivision Review process is the same as the general subdivision process with the addition of the Yield -Plan Review. The overall Conservation Subdivision Process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Pre -Application Conference 2. Sketch Plan (optional) 3. Yield Plan Review (Can be reviewed concurrently with Preliminary Plan) 4. Preliminary Plan Review 5. Final Plat Review B. Application Materials: The Conservation Subdivision review requires the following application materials that can found more fully described in Article V, Sections 5-502 and 7-501 of the ULUR: 1. Application Form and Fees 2. Sketch Plan (Optional) (5-501(J)) 3. Yield Plan (5-502(C)(8)) 4. Preliminary Plan (5-501(G)) 5. Final Plat (5-501(E)) 6. Narrative addressing Design Standards (7-501 through 7-503) 111. THE PRELIMINARY PLAN The preliminary plan review process will review the feasibility and design characteristics of the proposed subdivision based on the standards set forth in Article Vil, Standards. The preliminary plan process will also evaluate preliminary engineering design. The Director may allow the preliminary plan and the final plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the lots does not require extensive engineering. A. Process: Preliminary Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-303(B) of the ULUR: 1. Pre -Application Conference 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4 4. Public Hearing and Recommendation by Planning Commission 5. Public Hearing and Decision by Board of County Commissioners B. Application Materials: The Preliminary Plan review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fees 2. Preliminary Plan Map 3, Yield Plan (Conservation Subdivision only) 4. Open Space Plan, preliminary 5. Open Space Management Plan 6. Landscape Plan (Common Ownership Areas) 7. Impact Analysis 8. Land Suitability Analysis 9. Lighting Plan consistent with standards in 7-305 10.Visual Analysis 11. Preliminary Engineering Reports and Plans a) streets, trails, walkways and bikeways b) engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) identification and mitigation of geologic hazards d) sewage collection, and water supply and distribution system e) Erosion and Sediment Control Plan f) Water Supply Plan g) Sanitary Sewage Disposal Plan 12. Draft Improvements Agreement, Covenants and Restrictions and By-laws IV. THE PRELIMINARY PLAN AMENDMENT Any proposal to change a preliminary plan approved under these Regulations shall require application to the Director for Amendment of an Approved Preliminary Plan. The Director shall review the application to determine whether the proposed change constitutes a substantial modification to the approved plan as more fully described in Article V, Section 5- 304. (A substantial modification is defined as a Substantial Change in Article XVI: Definitions) A. Outline of Process. The review process for a proposed Amendment of an Approved Preliminary Plan shall consist of the following procedures. 1. Pre -Application Conference 2. Application 3. Determination of Completeness 4. Evaluation by Director/Staff Review 5. Decision by Director B. Application Materials: The Preliminary Plan Amendment review requires the following application materials as more fully described in Article V, Section 5-501(H): 5 1. Application Form 2. Written Statement of proposed amendment(s) 3. Supporting documents necessary to evaluate the proposed revision(s) V. THE FINAL PLAT REVIEW Unless otherwise provided by these Regulations, the applicant must receive preliminary plan approval before beginning the final plat process. The final plat review is to formally finalize the actions resultant from the preliminary plan in order to complete the subdivision process. A. Outline of Process. The Final Plat Review process shall consist of the following procedures: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review and Action by Board of County Commissioners 5. Recordation of Plat B. Application Materials: The Final Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Final Plat 3. Final Engineering Reports and Plans a) Streets, trails, walkways and bikeways b) Engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) Mitigation of geologic hazards d) Sewage collection, and water supply and distribution system e) Soil suitability information f) Groundwater drainage g) Erosion and Sediment Control Plan (4-502 C. 4.) h) Final cost estimates for public improvements i) The certification listing all mortgages, liens judgments, easements, contracts, and agreements of record regarding the land to be platted and the Board of County Commissioners may require, at its discretion, that the holders of such mortgages, liens, judgments, easements, contracts or agreements shall be required to join in and approve the application for Final Plat approval before such Final Plat is accepted for review. All other exceptions from title shall be delineated. 4. Landscape Plan (Common Area) (4-602 5.) 5. Open Space Plan (if applicable) 6. Open Space Management Plan (If applicable) 6 • • • 7. Improvements Agreement, if applicable 'include record drawings in digital format, (4-602 J.)] 8. Letter of Intent for service from all of the utility service providers a) Contract for Service, required prior to Final Plat recordation. 9. Final Declarations of Covenants and Restrictions, HOA articles of incorporation and bylaws 16. Final Fees to be paid (School -Land Dedication / Traffic Impact Fees) VI. THE FINAL PLAT AMENDMENT / CORRECTION PLAT REVIEW The purpose of the Final Plat Amendment review is to allow for certain amendments to an approved Final Plat. An amendment may be made to a recorded Final Plat if such amendment does not increase the number of subdivision lots or result in a major relocation of a road or add one or more new roads (pursuant to Section 5-306). A correction can be made to a recorded plat in order to correct an engineering error, mislabeling issue, etc. that does not affect the substance of the plat. A. Outline of Processes. The review processes for amending a Final Plat or an Exemption Plat shall consist of the following regardless of whether the division was initially approved as a subdivision or an Exemption: 1. Four (4) Subdivision Lots: The Administrative Review Process, detailed in Section 4-104 of Article IV, shall be used for review of a request to amend or correct a Final Plat modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) subdivision lots. An Amended Final Plat or an Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent lots or Exemption Lots or a single building envelope shall be subject to the Administrative Review Process set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend a Final Plat or an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more four (4) subdivision lots or Exemption Lots. An Amended Final Plat which modifies lot lines or easements affecting more than four (4) subdivision lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. B. Application Materials: The Final Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 7 3. Final Plat, Amended Final Plat 4. Subdivision Improvement Agreement, if necessary The Director may allow the Preliminary Plan and the Final Plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the lots does not require extensive engineering. (Section 5-303) No submittal of a combined application shall be allowed until the Director has made a determination after holding a pre -application conference. I have read the statements above and have provided the required attached information which i co ect and accurate to the best of my knowledge. -.s-c5 (Signature of Property Owner)Date 8 • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. if an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application, The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. • • GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights -of -Way Sketch Pian Preliminary Plan / Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment / Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption / Amendment Major Exemption / Amendment Rural Land Development Option Exemption / Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan / Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review / Amendment Major Impact Review / Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) / Amendment Comprehensive Plan Amendment Variance Interpretation Planning Staff Hourly Rate i Planning Director ▪ Senior Planner ■ Planning Technician ✓ Secretary BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300 / $300 $400 / $300 $400 / $300 $250 $400 $400 / $300 $50 $250 $400 / $300 $525 / $400 $300 $450 $500 / $300 $450 $250 $250 $50.50 $40.50 $33.75 $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) $11 —1st page Mylar Recording Fee $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1, All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and The Re 1len c_offineri Rpvocab1e Tit and the JoAnn G. Coffman_ Property Owner (hereinafter OWNER) agree as follows: Revocable Trust 1. OWNER has submitted to COUNTY an application for Coffman 5udivision (hereinafter, THE PROJECT). OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. RTY OWNER (OR AUTHORIZED REPRESENTATIVE) CA,‘ f Signature Date C Print Name Mailing Address: /g 37 gG-c y7673 d ISG Page 4 COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND -USE REVIEWS County z_ka Project Name A �Gv (or A Date APPLICANT icant's Authorized Representative responsible for paying CGS -review fee) Name DZtk Cl) `'crievi A Address ] e t 13 b r 64. Fi L. -? Ph. No.�i..�,,.s_ iI Fax No. q"7r, 1/4.1/L or�/414 Seetinn(s) Township Range FEE SCHEDULE Reviews for Counties Small Subdivision (> 3 dwellings and < 100 acres) $700 Large Subdivision (? 100 acres and < 500 acres) $1,550 Very Large Subdivision (500 acres or more) $2,500 Very small residential subdivisions (1-3 dwellings and < 100 acres) $590 Reviews for Municipalities Al hourly rate of reviewer Special Reviews At hourly rate of reviewer School Site Reviews $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated ]and into parcels of less than 35 acres, under State statute C.R.S. 30-28-101 et seq. (Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local -government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey "...for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local -government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/or repair costs. Colorado Geological Survey 1313 Sherman Street. Room 715. Deriver, Co 80203 Ph: 303855.2511, Fax: 303.556-2451 htto.i/geosurvey.stele.co.us White copy to CGS Yellow copy to Planning Agency Pink copy to Applicant created 3/16t85.. revised 5125107 NM ill! i P■ 111P111 1 4�! l il��lll ��'ktu,f !! t i 414 Reception#: 769633 06,16/2009 02:20,56 PM Jean Riberico 1 of 3 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO CORRECTION SPECIAL WARRANTY DEED Rex A. Coffman and JoAnn G. Coffman, Grantors, for good and valuable consideration, in hand paid, hereby sell and convey to the Rex Allen Coffman Revocable Trust and the JoAnn G. Coffman Revocable Trust, Grantee, as tenants in common, whose legal address is 1837 County Road 100, Carbondale, Colorado 81623 the following real property in the County of Garfield, State of Colorado, to wit: SEE CORRECTED EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE; also known as 1837 County Road 100, Carbondale, Colorado 81623; with all its appurtenances, and warrant the title to the same against all persons claiming under the Grantors. NO DOCUMENTARY FEE REQUIRED: Transfer for estate planning purposes with consideration less than $500.00. This document is being re-recorded to correct a clerical error in the legal description of the Special Warranty Deed previously recorded as Reception No. 726304. SIGNED this J 5- day of ID. YI STATE OF COLORADO } ) ss. COUNTY OF GARFIELD ) • Rex A. Coffman JoAnn G. Coffman The foregoing instrument was acknowledged before me this I,Sa day of -A14-4, 2009, by Rex A. Coffman and JoAnn G. Coffman. WITNESS my hand and official seal. My commission expires: !Z- Li - Pio No ary Public D.4,Cofh. . WWU Codic Lon.w After recording returrn81 t4CtiV01 823 Blake Ave., Ste. 202, Glenwood • Reception#- 769633 06!1612009 02:20:56 PM Jean Plberico 2 of 3 Rea Fee:$26.00 Doa Fee:0:00 GARFIELD COUNTY CO i1 " EXHIBIT A LOT 4 (REMAINDER PARCEL) A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12 AND 13, ANIS PORTIONS OF GOVERNMENT LOTS 15, 16, AND 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN; ALSO A PORTION OF GOVERNMENT LOT 14 OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 13 (WHENCE THE WITNESS CORNER BEING A FOUND #6 REBAR AND ALUMINUM CAP L.S. #26950 BEARS S. 00°10'33" E. 10.00 FEET; THENCE N.899)312" E.. 885.38 FEET ALONG THE NORTHERLY LINE OF SAID LOT 13 TO THE NORTHWEST CORNER OF SAID LOT 12; THENCE N. 8912'48" E. 494.20 FEET ALONG THE NORTHERLY LINE OF SAID LOT 12 TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE S. 04°4520" E. 697.53 FEET ALONG THE EASTERLY LINE OF SAID LOT 12, TO THE SOUTHEAST CORNER OF SAID LOT 12; THENCE S. 00°26'40" E. 602.39 FEET ALONG THE EASTERLY LINE OF LCT 17 TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N. 88°31'40" E.1216.62 FEET ALONG THE NORTHERLY LINE OF SAID LOT 17; THENCE LEAVING SAID NORTHERLY LINE S. 00°34'37" E. 393.41 FEET; THENCE S. 42°29'00" E. 314.67 FEET; THENCE S. 60°16"32" E. 46.49 FEET; THENCE S. 89°58'11" E. 63.14 FEET; THENCE N. 80°02'27" E. 267.98 FEET; THENCE N. 63°08'55" E. 181.90 FEET; THENCE N. 87°09'51" E. 165.34 FEET; THENCE N. 00012'09" W. 535.23 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N. 88°31'40" E. 57.60 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE N. 88°31'40" E. 499.88 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14 TO THE NORTHEAST CORNER. OF SAID LOT 14; THENCE S. 00'3011301E. 721.07 FEET ALONG THE EAST LINE OF SAID LOT 14 TO A POINT ON AN EXISTING FENCE, ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 100; THENCE ALONG SAID FENCE AND THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FOURTEEN (14) COURSES; 1) S, 79°49'23" W. A DISTANCE OF 47.58 FEET; 2) S. 73031'13" W. A DISTANCE OF 120.98 FEET; 3) S. 69°43'21" W. A DISTANCE OF 189.48 FEET; 4) 5. 74°47'25" W. A DISTANCE OF 129.37 FEET: 5) 5.81°33'50" W. A DISTANCE OF 622.29 FEET; 6) 8. 81°11'21" W. A DISTANCE OF 701.96 FEET; Page 1 of 2 ®111 � tli, Ziiti� h�1#1111011 C1 '?kik 11111 Reception#' 7'69633 06/1612009 02:20:56 PM Jean Alberico 3 of 3 Rec Fee:$26.00 Doc Fee:3.04 GARFIELD COUNTY CO • 7) S. 81'30'50" W. A DISTANCE OF 984.74 FEET; 8) S. 83053'04" W. A DISTANCE OF 314.48 FEET; 9) S 86°24'26" W. A DISTANCE OF 159.69 FEET; 10) S. 87°37'15" W. A DISTANCE OF 112.34 FEET; 11) S. 89°05'08" W. A DISTANCE OF 42329 FEET; 12) S. 88°16'36" W. A DISTANCE OF 122.16 FEET; 13) N. 88°14'12" W. A DISTANCE OF 146.07 FEET; 14) N. 83°44'01" W. 61.10 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 763 PAGE 727; THENCE CONTINUING ALONG SAID FENCE LINE AND THE NORTHERLY RIGHT QF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FIVE (5) COURSES: 1) N. 88°09'40" W. A DISTANCE OF 178.03 FEET; 2) S. 89°41'20" W. A DISTANCE OF 149.39 FEET; 3) S. 89°04'10" W. A DISTANCE OF 283.80 FEET;. 4) S. 88°4428" W. 30.21 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; 5) S. 88°44'33" W. 511.81 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; THENCE LEAVING SAID FENCE AND NORTHERLY RIGHT OF WAY LINE N. 15°30'44" E. 192.83 FEET TO THE NORTHWEST CORNER. OF SAID BOOK AND PAGE; THENCE S. 87°21'45" E. 227.54 FEET; THENCE N. 79°07'46" E. 120.81 FEET; THENCE S. 84°3727" E. 114.68 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 727; THENCE S. 83°21'34" E. 156.50 FEET; THENCE N. 82°04' 26" E. 266.62 FEET; THENCE N. 79°34'46" E. 220.50 FEET; THENCE N. 02°44'09" E. 115.26 FEET; THENCE N. 22°09'51" E. 22.72 FEET TO A POINT ON THE WES 1ERLY LINE OF SAID LOT 16; THENCE N. 00°10'33" W. 1411.61 FEET ALONG THE WESTERLY LINE OF SAID LOT 16 TO THE SOUTHWEST CORNER OF SAID LOT 13; THENCE N.00°10' 33" W. 680.44 FEET ALONG THE WESTERLY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 13, SAID POINT ALSO BEING-TF1E POINT OF BEGINNING. ALSO KNOWN: LOT 4 (Remainder Parcel) of the Coffman Ranch subdivision Exemption North Parcel Plat, filed as Reception No. 663142. Page 2 of 2 • • PLED 1I11lr►i' I''>♦ 90,MICIVRo«'1011 1 Will w' CI 11111 Reception#: 726301 06/2612007 11:42:44 AM 8: 1941 P: 0816 Jean Atberico 1 of 2 Rec Fee :$11.00 Dae Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY NAME OF ENTITY: The name of the entity to which this Statement relates is the Rex Allen Coffman Revocable Trust. TYPE OF ENTITY: The entity is a Revocable Trust dated April 6, 1999, formed under the laws of the State of Colorado. MAILING ADDRESS: The mailing address for the entity is 1837 County Road 100, Carbondale, Colorado 81623. AUTHORIZED PERSONS: The names and position of the persons authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity are as follows: Name Position Rex Allen Coffman JoAnn G. Coffman Trustee Trustee AUTHORITY/LIMITATIONS: Either of the above-named persons is hereby authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity. Dated this _ 5 _ day of v /1-' , 2007. olootaa atsnn•ALTN-RAC IT Rex Allen Coffman nn G. Coffman After recording return to: Dan Kerst, P.C. 823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601 Reception#: 726301 PLL 06/2612007 11;42:44 RM 6: 1941 P: 0817 .Jean Ltlberico 2 of 2 Rec Fee:111.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO } )ss. COUNTY OF GARFIELD ) The foregoing instrument was subscribed, sworn to and acknowledged before me this 5th day of June , 2007, by Rex Allen Coffman and JoAnn G. Coffman as Trustee of the Rex Allen Coffman Revocable Trust. `1,��,ti,�1►tG' �+t1►�,,,,,,� , Q NOTAR -F• =- t , . 0B L iC ••'. 4 WITNESS my hand and official seal. My Commission expires: 10/31/2007 OAdt1CWhn.sRuiMT-AL7}4RAC fm, Notary Public After recording retum to: Dan Kerst, P.C. 823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601 111 11 111 pY Receptionl#: 726302 RE 06126!2007 11:42:44 AM 6: 1941 P: 0818 Jean Alberico 1 of 2 Rec Fee:$11.00 Dec Fee:O-00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY NAME OF ENTITY: The name of the entity to which this Statement relates is the JoAnn G. Coffman Revocable Trust. TYPE OF ENTITY: The entity is a Revocable Trust dated April 6, 1999, formed under the laws of the State of Colorado. MAILING ADDRESS: The mailing address for the entity is 1837 County Road 100, Carbondale, Colorado 81623. AUTHORIZED PERSONS: The names and position of the persons authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity are as follows: Name Position JoAnn G. Coffman Rex Allen Coffman Trustee Trustee AUTHORITY/LIMITATIONS: Either of the above-named persons is hereby authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity. Dated this day of , 2007.. O.1lOCeffn.—I STMT -b VTNJGC.IS! 4 Ji/Ann G. Coffman e Rex Allen Coffman After recording return to: Dan Kerst, P.C. 823 Blake Ave., Ste. 202, Glenwood Springs. CO 81601 111111A !MANIC 11111 T Reception#: 726302 06(26/2007 11:42:44 AM B: 1941 P: 0019 Jean Alberico 2 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO E STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. The foregoing instrument was subscribed, sworn to and acknowledged before me this Stn day of June , 2007, by JoAnn G. Coffman and Rex Allen Coffman as Trustee of the JoAnn G. Coffman Revocable Trust. WITNESS my hand and official seal. My Commission expires: 10/31/2007 o:mkxuHm.n.61,51W-Ain KIGC.hm Notary Public *4°P Col+-' ritillranuniO t4 After recording return to: Dan Kerst, P.C. 823 Blake Ave.. Ste. 202, Glenwood Springs, CO 81601 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.qaffield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER : 2393-363-00-273 PROJECT: Coffman Parcel Subdivision OWNER: Rex Alien Coffman Revocable Trust and Joann G Coffman Revocable Trust REPRESENTATIVE: Doug Coffman and Kelly Cave PRACTICAL LOCATION: 1837 CR 100 TYPE OF APPLICATION: Combined Preliminary Plan and Final Plat for subdivision DATE: May 21, 2009 GENERAL PROJECT DESCRIPTION ±150 acre parcel subject to AVLT Conservation Easement (Easement). Easement allow for creation of one homesite (acreage to be amended to allow for 10 acre site with a 2 acre building envelope). Subject parcel has utilized all available exemptions therefore applicant seeks to subdivide the "remainder" into one lot and one parcel, all of which are governed by the allowances in the Easement. Request to combine PP and FP process was discussed at Sketch Plan review by staff and PC at meeting held on December 1o, zoo8. The Slough Ditch, and related laterals, cut through the entire lower portion of the property. Applicant seeks to place a culvert in the ditch in order to allow both continued and unobstructed flow of the ditch as well as access the proposed lot. Applicant has sent notice to all users of the ditch along with plans for related improvements. A significant portion of the proposed site is located within the loo -year floodplain of the Roaring Fork River, therefore sketch comments included placement of a building envelope to assure that all Improvements are located outside of the floodway — if any improvements are to be located in the flood fringe the applicant would be required to obtain a Floodplain Permit. Staff suggested a condition of approval regarding the floodplain be placed on the plat. Water and sanitation are proposed to be provided via well (well permit, Basalt Water Conservancy application submitted?).1STS required. 11. REGULATORY PROVISIONS APPLICANT 1S REQUIRED TO ADDRESS A Garfield County Unified Land Use Resolution Sections: Artie IAV—Application and Review Procedures 4-101 General Review Process; 4-102 Consultants/Referral Agencies; 4-103 Common Review Procedures (includes public notice requirements and submittal of names and mailing addresses of all owners within 200' of boundary of the 150 -acre site); potentially 4-203 floodplain. Article V - Divisions of Land All relevant sections of this article apply, however criticalsections are; 5-301 Subdivision Review Process; 5-303 Preliminary Plan Review; 5-305 Final Plat Review; 5-501E and G Final Plat and Preliminary plan submittal requirements ; 5-502 A, B and C4 J C5 (further definitions and criteria of these requirements are listed in 5-502 E, F, G, H, and I) Article VII - Standards Division 1 General standards; Division 2 Resource Protection Standards; Division 3 Site Planning /Development Standards; Division 4 Subdivision and Design Standards; potentially 7-701 if in floodplain. (7-405 contains the requirement for fee in -lieu of school land dedication). Garfield County Comprehensive Plan: Study Area 1, Residential Low Density (mo acres / du) - Compliance with Goals, Objectives and. Policies III. REVIEW PROCESS 1. Pre -app meeting 2. Submittal 3. Determination of Completeness 4. Schedule hearing(s), public notice, referral agency review 5. Staff review and report 6. PC hearing (preliminary plan) 7. BOCC hearing (preliminary plan and final plat) 8. Mylar signed and presented to BOCC for signature (consent agenda - no meeting) Public Hearing(s): Planning Commission - Preliminary Plan Board of County Commissioners - Preliminary Plan & Final Plat Referral Agencies: Road and Bridge, County Attorney, Environmental Health, County Surveyor, Planning Engineer, County Vegetation, Division of Water Resources , Division of Wildlife, Colorado Geologic Survey, Town of Carbondale, Fire District, Soil Conservation District, Water Conservation District, Utility companies iV. APPLKA71QQ_fLREVIEW FESS Planning Review Fees: $1,075 Referral Agency Fees: $ 590 Total Deposit: $ 1,665 (additional hours are billed at hourly rate of $4o.751hr General Applicatisin 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. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary 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. 5/12Fic Date • ATTORNEYS DAN KERST dan @ dankerstpc.com KELLY CAVE kelly@dankerstpc.com DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEY AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-2440 September 8, 2009 Garfield County Clerk & Recorder 109 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Coffman Our File #13282 Dear Clerk: PARALEGAL ELISABETH GETZEN egetzen @dankerstpc.com Enclosed is a Power of Attorney (Real Estate) for recording, together with our check in the amount of $26 in payment of the recording fee. Please return the recorded document to me. Thank you for your assistance in this regard. Enclosures xc: Mr. and Mrs. Rex Coffman n:mE ,.ekn.nw,ea. Yours very truly, Pilar Grabe Assistant to KELLY CAVE • • POWER OF ATTORNEY (REAL ESTATE) KNOW ALL MEN BY THESE PRESENTS, that the Rex Allen Coffman Revocable Trust and the JoAnn G. Coffman Revocable Trust (collectively the "Trusts") hereby make, constitute and appoint Doug Coffman as the true and lawful attorney in fact with full power and authority in name and on behalf: 1. The power to perform any and all acts necessary to purchase, sell, convey, transfer title, deliver deeds, bargain, encumber, or contract for the sale or purchase of certain real property described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference; also known as 1 837 CR 100, Carbondale, CO 81623. 2. To sign land use applications and appurtenant documents and instruments required as part of the subdivision of said real property. AND in general the above named Trusts give the said attorney in fact full power to handle all the business affairs in such manner and with such authority as the Trusts might exercise, including the power to make, execute. and acknowledge instruments of every kind which may be proper or requisite to effectuate all or any of the premises. The Trusts hereby ratify, confirm and approve each and every act of the said attorney heretofore and hereafter taken in conformity with this power of attorney. THIS power of attorney shall be effective until revoked by the Trusts in writing, such revocation to be delivered to the attorney in fact above named. Everyone dealing with the Trust's said attorney in fact shall be entitled to rely upon the certificate of such attorney in fact to the effect that her power is in effect and has not been revoked. THIS POWER OF ATTORNEY SHALL AUTOMATICALLY EXPIRE BY ITS OWN TERMS UPON COMPLETION OF THE LIMITED PURPOSE SET FORTH ABOVE. IN WITNESS WHEREOF, this instrument is executed the `a day of June, 2009. REX ALLEN COFFMAN REVOCABLE TRUST By Rex Allen Coffman, Trustee JOANN G. COFFMAN REVOCABLE OCABLE TRUST By [Lc J Ann G. Coffman, Truste STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) This foregoing instrument was acknowledged before me this day of June, 2009, by Rex Allen Coffman as Trustee of the Rex Allen Coffman Revocable Trust and JoAnn G. Coffman as Trustee of the JoAnn G. Coffman Revocable Trust. Witness my hand and official seal. My commission expires: `i 111)1 LAV -- 2 d+ V 2 LOT 4 (REMAINDER PARCEL) EXHIBIT A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12 AND 13, AND PORTIONS OF GOVERNMENT LOTS 15, 16, AND 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN; ALSO A PORTION OF GOVERNMENT LOT 14 OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 13 (WHENCE THE WITNESS CORNER BEING A FOUND 46 REBAR AND ALUMINUM CAP L.S. 426950 BEARS S. 00°10'33" E. 10.00 FEET; THENCE N.89°03'22" E. 885.38 FEET ALONG THE NORTHERLY LINE OF SAID LOT 13 TO THE NORTHWEST CORNER OF SAID LOT 12; THENCE N. 89°12'48" E. 494.20 FEET ALONG THE NORTHERLY LINE OF SAID LOT 12 TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE S. 00°4520" E. 697.53 FEET ALONG THE EASTERLY LINE OF SAID LOT 12, TO THE SOUTHEAST CORNER OF SAID LOT 12; THENCE S. 00°26'40" E. 602.39 FEET ALONG THE EASTERLY LINE OF LOT 17 TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N. 88°31'40" E.1216.62 FEET ALONG THE NORTHERLY LINE OF SAID LOT 17; THENCE LEAVING SAID NORTHERLY LINE S. 00°34'37" E. 393.41 FEET; THENCE S. 42°29'40" E. 314.67 FEET; THENCE S. 60°16'32" E. 46.49 FEET; THENCE S. 89°58'11" E. 63.14 FEET; THENCE N. 80°02'27" E. 267.98 FEET; THENCE N. 63°08'55" E. 181.90 FEET; THENCE N. 87°09'51" E. 165.34 FEET; THENCE N. 00°12'09" W. 535.23 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N. 88031140" E. 57.60 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE N. 88°31'40" E. 499.88 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14 TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE S. 00°30'00' E. 721.07 FEET ALONG THE EAST LINE OF SAID LOT 14 TO A POINT ON AN EXISTING FENCE, ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 100; THENCE ALONG SAID FENCE AND THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FOURTEEN (14) COURSES: 1) S. 79°49'23" W. A DISTANCE OF 47.58 FEET; 2) S. 73031'13" W. A DISTANCE OF 120.98 FEET; 3) S. 69°43'21" W. A DISTANCE OF 189.48 FEET; 4) S. 74°4725" W. A DISTANCE OF 129.37 FEET: 5) 5. 81°33'50" W. A DISTANCE OF 622.29 FEET; 6) S. 81°11'21" W. A DISTANCE OF 701.96 FEET; 7) S. 81'30'50" W. A DISTANCE OF 984.74 FEET; 8) S. 83°53'04" W. A DISTANCE OF 314.48 FEET; 9) S 86°24'26" W. A DISTANCE OF 159.69 FEET; 10) S. 87037'15" W. A DISTANCE OF 112.30 FEET; 11) S. 89°05'08" W. A DISTANCE OF 423.29 FEET; 12) S. 88016'36" W. A DISTANCE OF 122.16 FEET; 13) N. 88°14'12" W. A DISTANCE OF 146.07 FEET; 14) N. 83°44'01" W. 61.10 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 763 PAGE 727; THENCE CONTINUING ALONG SAID FENCE LINE AND THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FIVE (5) COURSES: 1)N. 88°09'40" W. A DISTANCE OF 178.03 FEET; 2) S. 89°41'20" W. A DISTANCE OF 149.39 FEET; 3) S. 89004'10" W. A DISTANCE OF 283.80 FEET; 4) S. 88°44'28" W. 30.21 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; 5) S. 88°44'33" W. 511.81 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; THENCE LEAVING SAID FENCE AND NORTHERLY RIGHT OF WAY LINE N. 15030'44" E. 192.83 FEET TO THE NORTHWEST CORNER OF SAID 1300K AND PAGE; THENCE S. 87°21'45" E. 227.54 FEET; THENCE N. 79°07'46" E. 120.81 FEET; THENCE S. 84037'27" E. 114.68 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 727; THENCE S. 83°21'34" E. 156.50 FEET; THENCE N. 82°04' 26" E. 266.62 FEET; THENCE N. 79`04'46" E. 220.50 FEET; THENCE N. 02044109" E. 115.26 FEET; THENCE N. 22°09151" E. 22.72 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 16; THENCE N. 00°10'33" W. 1411.61 FEET ALONG THE WESTERLY LINE OF SAID LOT 16 TO THE SOUTHWEST CORNER OF SAID LOT 13; THENCE N.00°10' 33" W. 680.44 FEET ALONG THE WESTERLY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 13, SAID POINT ALSO BEING THE POINT OF BEGINNING. ALSO KNOWN: LOT 4 (Remainder Parcel) of the Coffman Ranch subdivision Exemption North Parcel Plat, filed as Reception No. 663142. W CXDLLI L O _ � O CE U)�o rO LL 41 (_J 0 O ty {Lazo 0/ O ▪ 'U / n r Q Lr W O U (1) z 200 PE£7 '0.• 5 721..07' fi u© .33S 4l 101 '1,A00 • x. c. 3 o NE 6 N • ! Op �. n 41 n Li 4 . Y*V :X'7 iI?W 2V V -.c k', U -r-J S 00 .3'20 E S 00'26'40" 5 C. W 70 h 6 53' \ 602.39' Q Cr we a. ry :14 9£ ..�iai$ i CL Q tea' en ) • '^ LLJ V1 '1 4m co c a s ci Z l k lt1 .AOJ ? rr 0 Z UD � 53 :.�� /JJj �t 4li Ll_I ,- CK CK g� O 000'96[ 7 A/! N,- grh A50'Z6OZ M u€TiOIn00 N �xu $a 4 1111111111111111111111101111 11111111111111111111011111110 ,- n 07.. O u- N 0 �1 N W0 4 V3 C LIJ3 iia z i— gRE IX 1— in r 1_ Q (n co 0 0 6- 0_ ff)oz L z L z z Lil0 0 LIJ V ! tE R 8 5. 1,1 E8 Ng € g i% 8 RI11 ; l 1Midi _off . Mogi Mt q 1;415 1 40 ii; P tri„o 1 a5 14 Id 3�44 4. 110 id fib fi 11 St 28 5 5 a_a 5 =i §li. ir�15x("5 il tib4 ! a ,a p G � S�E.N k�IeX�-X�>,p� P��1.- ti a6 2 ki0 by F'b d ct-bx 18 s aN5i 114 $"� 1'21 b< is s 8 'r'p9�� C4 p � r pi a X8 X8� c; ina C* � 121 iN a XbgN1b#�8.k6RRaJS wggg 188 •88 1111 r41'1111ili AR, C Rr41TIVIVIIMIPSWt 'i 1111 Reception##: 748988 06/03/2009 11 57.70 AM Jean F1beric0 5 of 5 Reo Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO AMENDMENT AND CORRECTION TO AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT IN GROSS Northeast Coffman Ranch Garfield County THIS AMENDMENT AND CORRECTION TO THE AMENDED AND RESTATE!) DEET] OF CONSERVATION EASEMENT IN GROSS ("Amendment") is executed this .;{-11, day of May, 2009 by REX A. COFFMAN and JOANN G. COFFMAN ("Grantor"), and ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation (the "Trust"), having offices at 320 Main St. Suite 204, Carbondale CO 81623 (collectively "the Parties"). WHEREAS, Grantor is sole owner in fee simple of approximately 38.00 acres of real property in Garfield County, State of Colorado, upon which a conservation easement to the Trust was granted in a Deed of Conservation Easement recorded in the real property records of Garfield County at Reception No. 643445 on December 19, 2003; and which easement was first amended and restated in an instrument recorded in Garfield County at Reception No. 665189 on December 16, 2004 ("Conservation Easement"); WHEREAS, Grantor now wishes to amend the Conservation Easement and correct an error pursuant to Section 19 "Amendment" of the Conservation Easement, which section permits amendment when it reflects the original intent of the Parties and is consistent with the purposes of the Conservation Easement, and shall not detract from nor impact the Conservation Values of the Property; and WHEREAS, specifically, Grantor wishes to adjust the size and location of Lot A; define the location of the building envelope within Lot A; and define management of vegetative view planes in accordance with Sections 6.B, 6.C, and 6.F of the Conservation Easement, which activities have no net impact to the Conservation Values or the purpose of the Conservation Easement, and are consistent with Section 19 of the Conservation Easement, and the Trust's policies. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree to amend the Conservation Easement as follows: After recording return to: Aspen Valley Land Trust 320 Main Sr, Suite 204 Carbondale, CO 81623 (970) 963-8440 111 Miti 1111 Reception#: 768988 06/43/3009 11:57:20 AM Jean Alberico 2 of 5 Rec Fee:$31.0C floc Fee:0 00 GARFIELD COUNTY CO 1. Grantor. The name of the Grantor is hereby corrected to read "REX A. COFFMAN and JOANN G. COFFMAN," and shall replace any reference to "REX A. and JOANN G. COFFMAN' in the Conservation Easement. 2. Section 6.A. Section 6.A of the Conservation Easement shall be amended to read, in its entirety: Division or subdivision (including de facto subdivision) of the Property is prohibited, except that Grantor may subdivide from the Property one (1) lot of approximately 9 acres in size, the location of which is shown on Page 2 of Exhibit B, herein, together with only those Water Rights necessary to support residential use of this lot, which lot shall continue to be subject to the terms of this Easement even after its subdivision (hereafter "Lot A"). The remainder of the Property after such subdivision shall hereafter be called the "Remainder Property" and shall include all Dedicated Water Rights (as defined in Section 11 herein); 3. Section 6.B. Section 6.B of the Conservation Easement shall be amended to read, in its entirety: To erect and maintain one (1) single-family home on Lot A within a limited building and disturbance envelope not to exceed two (2) acres in size (hereafter "building envelope"), with a cumulative building footprint, inclusive of all structures, not to exceed six -thousand five hundred (6,500) square feet (as defined by Garfield County Land Use Code). The location of the building envelope on Lot A is shown on Exhibit B, herein, and shall be located south of the floodway as shown on Exhibit B and not within 35 feet of the Roaring Fork River. Grantor has the right to construct additional improvements in this building envelope accessory to the single-family residential use of the Property or reasonably necessary to the agricultural use of the Property, including an accessory dwelling unit as defined by Garfield County Land Use Code, garage, greenhouse, barn, shed, art and craft studio, fences, gardens, orchards, decks, lawns, roads, septic systems and other disturbances; 4. Section 6.C. Section 6.0 of the Conservation Easement shall be amended to read, in its entirety:: Limited trimming of vegetation in select areas outside of the building envelope on Lot A will be permitted to allow the creation and maintenance of view planes from the homesite to the Roaring Fork River; provided, however that such trimming does not increase the risk of erosion and minimizes destruction of the wildlife and riparian habitat Conservation Values, and protects to extent possible rare plants and plant associations found on the Property, as described in the Baseline Documentation. To that end, the Iocation and scope of proposed view planes is subject to Trust's prior approval based on site reconnaissance and optional consultation with a qualified biologist or forester of its choosing. The 1111 In.111A11,14,11,14rit LI I'IAW1OCi>ia4,111111 Reteptibnt: 768988 06(0312009 11:57 20 AM Jean Alberleo 3 of 5 Ree Fee $31.00 Doc Fee:0 00 GARFIELD COUNTY CO Trust may additionally require that such view planes be marked and maintained according to a plan developed by Grantor and approved by the Trust. Where there is question as to whether proposed activities will result in unacceptable impact to the Conservation Values, the Trust shall consult with a qualified biologist or forester of its choosing for impact assessment and management recommendations. if at any time the Trust determines that trimming and maintenance of such view planes has moved or expanded beyond their approved scope and location, it may require restoration to areas affected by such trimming or maintenance; 5. Exhibit B. Page 2 of Exhibit B of the Conservation Easement is hereby replaced with Page 2 of Exhibit B attached hereto and made part hereof, which amended page of the Exhibit shall identify the amended location of Lot A and the building envelope; 6. Exhibit D. References to Exhibit D of the Conservation Easement, "Survey of View Planes from Lot A to Roaring Fork River," are hereby deleted; and 7. Full Force and Effect. Except as modified and amended by this Amendment, the Conservation Easement and the terms and conditions contained in the Conservation Easement shall remain in full force and effect. IN WITNESS WHEREOF, Grantor and the Trust have executed this Amendment as of the date first written above. GRANTOR: By: Y C1 . Rex A. Coffman, Owner STATE OF f / O ) )ss. COUNTY OF C-Rp eLt ) By: Jo 'nn G. Coffman, Owner The foregoing instrument was acknowledged before me this 'tt" day of May, 2009, by Rex A. Coffman and JoAnn G. Coffman, as Grantor. WITNESS my hand and official seal. [SEAL] M, 51JMERA Net city Public 004 Of Colorado Notary Public My commission expires: Li/. -ix 1111 h't''JIIIPIWY4 IWC rim1 f:1 IVEINIIrlii:151ii"111111 Reception#: 768985 06/03J2009 11:57:24 AM Jean #116srico 4 of 5 Roc Fee:$31.08 Poo Fee:0,00 GARFIELD COUNTY CO ACCEPTED by TRUST: ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, By: ✓[/t S4 / f1. C/u Martha Cochran, Executive Director STATE OF COLORADO ) } COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 3144 clay of May, 2009, by Martha Cochran, Executive Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation. 66 WITNESS my hand and official seal. [SEAL] c Notary Publi My commission pires: 1, SuMERA Notary Public Shote of Colorado et98-ce4 Wei s.MrwzS pia? Yuract5ri TZL VY0,4413JNf 41.7X7Y..' 4' 4104'bry) 0_ F_ Lo LLI Z CO2 C] C° > Z H- c 2 {N Qd � n 0_OC LL. 2 C3 {id hold "e'sf e) lua1uese3 uodleruasuOD Jct V 10I 90r P.M' .ya•n.9 LC1r SL'irjr&Orr! S .r/1a 41 (kilDdoid lapa!sLt ) luauiaseg uop3n.iasuoD J O 00(f) D ~ 0 t L1 0- ti_ Q O_ z O EL 0 O LLI- Q - z Z O / n�' l V V l Z ; a" I 1 '(luawas-e3 uoL9eAla$uo,^, jo Ind ioss; tpui: I ueutIoJ ,aO'D4C T. g+or eit ...yuop ^ �.. s - _•_L...Ie.E �.�.:.� li � `�' Ug1d aus p pu3tuv (Z.10 Z a Rd) II IIIMDC.4 30 .4LNfloD 01A/AHVO 490 0 a•3 aQQ O0 IES •ad oaS 9 10 S col-Jag/11 u8•r WV oe LS'44 600Z/60'90 esssn :puor;daoaa 11111 Ti 11:10AI I:A.0 1 7ir15"i.iI'1f1,I' .' 1111 Board of Directors Vvally Oberrneyer President Louis Meyer Vice -President Cathy Porter Secretary Sandy Jackson Treasurer Jim Aresty Dave Bellack Steve Carter Sue Edelstein Lee Ann Eustis Rosemary Patterson Staff Martha Cochran Executive Director Suzanne Stephens Associate Director Bethany Collins Protect Specialist Melissa Sumera Office Manager May 21, 2009 Garfield County Planning and Zoning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 To Whom it May Concern: Aspen Valley Land Trust holds a conservation easement over 38 acres of the Coffman Ranch in Carbondale, Colorado, as evidenced by the Amended and Restated Deed of Conservation Easement in Gross dated December 16, 2004 at Reception No. 665189 (the "Conservation Easement"). We understand that Doug Coffman is applying to subdivide one 9 -acre lot from property owned by Rex and JoAnn Coffman within the Conservation Easement, which lot is to contain one 2 -acre building envelope. After subdivision this lot shall remain subject to the terms of the Conservation Easement, but shall be owned separately from the remainder of the Conservation Easement. The subdivision and development of the proposed 9 -acre lot are permitted by the proposed amendment to the Conservation Easement, attached hereto. This amendment has been approved by AVLT, and will take effect immediately upon execution and recordation in the real property records of Garfield County. AVLT does not object to Mr. Coffman's application for subdivision and development of this lot on the grounds that the amendment is in effect at the time of subdivision, and that such subdivision and development be in compliance with the terms of the amendment and corresponding Conservation Easement. Please contact me should you have any questions. Regards, Suzanne Stephens Associate Director /CVO ex'k►b�f rr altae-}1cd Re'rded 1 11 1111 1 1111 1 111111 I Ili 111l iuI 1 1 1 1111 11 III Reception 643446 12/19/2003 03:17P B154S P762 M ALSDORF 1 of 1 R 6.00 0 0.00 G'ARFIELD COUNTY CO QUITCLAIM DEED pex_ecord d `I & u DSc:f/p crry i The grantor, Rex A. Coffman and Joann G. Coffman: whose address is 1837 County Road 100, Carbondale, CO 81623, Garfield County, Colorado for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has remised, released, donated and QUIT CLAIMED, to Aspen Valley Land Trust, whose address is 320 Main Street, Suite 204, Carbondale, Colorado 81623, Garfield County, their successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to all rock and gravel on the property, including the right to extract the same by any method, as reserved pursuant to that certain Warranty Deed dated November 24, 1958 and recorded in the real property records of the Garfield County Clerk and Recorder at Book 312, Page 390, under Reception No. 203497, or from any other source, in the real property located at: 1837 County Road 100, Carbondale CO 81623. and that Quitclaim Deed dated 1 r % / 91 a 00.3 and recorded in the real proper records of the Garfield County Clerk and Recorder at Book 15q , Page 3 / , under Reception No. (�a U L) y', or from any other source, in the real property located at: the legal description set forth in Exhibit A, Garfield County, Colorado also known as street and number 1837 County Road 100, Carbondale, CO 81623 S 4 Rex A. Coffman Join G. Coffman and delivered on: State of-ealoredeggsfiergr County of • r This document was acknowledged before me on My commission expires: lea -5)71k/ J5, 2L1)5 f.. 1Uf Ir'r *- Asp ei 'Asper Val l(` I_a NJ, Main s-ir act, ..4'lie :2.0 CO S! 5.:3 1 2 r r tri' Date Date Jimm v in cc �; a) • m=1n.i MIME -LT int 09 t - n. moms Wit# m teSs rri own c.4 tv m wire to mom ca ) Subscribed and Sworn: ) _ / t`C=t�v1br(/ , ;,2Gi )3 , by Rex A. Coffman and Joann G. Coffman. 4,1 / Notary OrMCIAL KATIE BURTON t .tnr.strrt ' t r -ea a .r; 1 +R}Co! . Order Number: 426 -� �'- air o - >- mom r -u7z .^ mQ Nem lL , (90 - o - = 1117 u� MIN - £ u717 �Q a - IMM •• ISO eTO ct o [SI m Q C•4 ry SCHEDULE A xtk e r T ,4 LEGAL DESCRIPTION c PARCEL OF LAND SITUATED IN GOVERNEENT LOTS 12, 13, 16, 17 ANDA 1,c: TI0N OF LOT 15 SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OE THE SIXTH P RIECIPLE MERIDIAN; LOT 14, SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF TAE SIXTH PRINCIPLE MERIDIAN BEING HORS PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOV$R TEE1 T LOT 14 4?i ±.'ICE THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 8 SOUT , RANGE 88 WEST Cs THE 6T3 PRINCIPAL MERIDIAN BEARS S 13`22107" W 2162.73 HOST; THENCE S 00°30'00" E., 716.87 FEET ALONG THE EAST LINE OF SAID C %:r,RNT LOT 14; THENCE ALONG A FENCE LINE BEING THE NORTHERLY RIGaT OF WAY OP CC EE Y ROAD 100 THE FOLLOWING FOURTEEN (14) COURSES: 1) S 79°49'23" W A DISTANCE OF 47.57 FEST; 2) S 73031'13" W A DISTANCE OF 1 3) S 69'43'21" W A DISTANCE OF 1 4) S 74°47'25" W A DISTANCE OF 1 5) S 81°33'50 W A DISTANCE OF 6 6) S 81°11'21" W A DISTANCE OF 7) S 81°30'50" W A DISTANCE OF 9 8) s 83°53'04" W A DISTANCE OF 3 9) S 86°24'26° w A DISTANCE OF 1 20.98 FEET; 89.48 FEET) 29.37 FEET) 22.29 FEET) 701.96AFEET; 84.74 FEET; 14.48 FEET; 59.69 FEET; OF 112.30 FEET; OF 423.299 FEET; OF 122.15 FEET; OF 146.07 FEET; 10) S 87'37'15° 11) S 899p°05'08" 12) S 88°16'36° 13) N 88°14'120 W A DISTANCE W A DISTANCE W A DISTANCE W A DISTANCE 14) N 83°44'01" w 61.10 FEET TO THE SOUTHEAST COE:7 3R OF A TRACT 07 LAND AS DESCRIBED IN PLAT BOOK 763 PAGE 727; THENCE CONTINUING ALONG SAID FENCE LINE BEING THE NORTHERLY RIG`_::2 OF WAY OF COUNTY ROAD 100 THE FOLLOWING FIVE (5) COURSES: 1) N 88°09'40" WA DISTANCE OF 178.03 FEET; 2) S 89°41'20" W A DISTANCE OF 149.39 FEET; 3) S 89°04'10" W A DISTANCE OF 283.80 FEET; 4) S 88°44'28" W A DISTANCE OF 30.21 FEET TO TEE i70t1TEEAST CORE: OF A PARCEL OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; 5) S 88°44'33" W 511.81 FEET TO TETE SOUTHWEST CORNER OF A TRACT F LAND AS DESCRIBED IN PLAT 80010 765 PAGE 933; THENCE N 15°30'44° E 192.83 FEET; THENCE S 87°21145" E 227.54 FEST; THENCE N 79°07'46" E 120.81 FEET; THENCE 8 84°37'27" E 114.68 FERT TO A POINT ON TEE NORTHEAST COLNE _ OF A TRACT OP LAND AS DESCRIBED IN PLT BOOR 765 PAGE '727; THENCE s 84°37'27" 8 88.95 FEET; THENCE S 81°41'42" B 67.60 FEET; THENCE N 82°04'26" S 266.62 FEET; THENCE N 79°04'46" E 220.50 FEET; THENCE N 02°44'09" E 115.26 FEET; THENCE N 22°09'51" E 22.78 FEET TO A POINT ON TES WESTERLY LINE Cr GOVERN 4T LOT 16; THENCE N 00'10'33" W 1412.92 FEET ALONG THE WESTERLY LINE OF EA_:D GOVERNMENT Continued on next gage Continuation of Schedule A - Legal Description Order Number: 426 — -0 —iA i e Q SSV CO nom Imes CV CO —\ - (ti3 ! mimm LC = 1-111'''' wee - wer P- 0 CD irl LOT 16 TO TEE SOUTHWEST CORNER OF SAXD GOVT LOT 13; THENCE N 00°10'33" W 674..92 FEET ALONG SAID WESTERLY CORNER OF SI= GOAT LOT 13 (WHENCE TEES WIT 4ESS E 10.00 FT); THENCE N 890031220 E 885.38 FEET ALONG TEE NORTHERLY LOT 13 TO THE NORTUWEST CORNER OF SAID LOT 12; THENCE II 89°12'48" S 494.20 FEST JL0NG SAID NORT1ERLY CORNER OF SAID LOT 12; THENCE 8 00945'20* E 697.53 FEET ALONG TEE EASTERLY LOT 12, TO THE SOUTEAST CORNET? OF SAID LOT 12; THENCE S 00926'40* E 602.39 FEET ALONG TEE raisaicaLy LIFE TO mai:' :;ORTHWEST CORS 8S.7,7.: S 00°10'33" LINE OF M1f: GOVT LIME TC 71: NORTHEAST LINE OF v,t_..; GOVERNMENT LINE OF GO r : _: ENT LOT 17 TO AN ANGLE POINT ON TEM NORTHERLY LINE OP SAID GOVERN=_' LOT 17; THENCE N 88931'40* E 2683.86 FEET TO TRS NORTEEMT CORNER OF C..-_ GOVERNMENT LOT 14, SAID POINT ALSO BEING TEE POINT OF B8GLNNING FOR T'HIn COUNTY OF GARFIELD STATE OF COLORADO Farm No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 REX COFFMAN 1837 COUNTY ROAD 100 CARBONDALE, CO 81623- (970) 945-1013 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 278933 DIV. 5 WD 38 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NW 114 SW 1/4 Section 31 Township 7 S Range 87 W Sixth P.M. DISTANCES FROM SECTION LINES 1650 Ft. from South Section Line 250 Ft. from West Section Line UTM COORDINATES (Meters Zone:13.NAD83 Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(tI)(A) as the only well on a tract of land of 38 acres described as that portion of the NW 114 of the SW 114, Sec. 31, Twp. 7 South, Rng. 87 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. This well is known as Dougs Well. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2393-363-00-273 NOTE: Assessor Tax Schedule Number: R041933 (totaling 130.13 acres) APPROVED DMW Receipt No. 9503115 State Engineer By DATE ISSUED 10-09-2008 EXPIRATION DATE 10-09-2010 7.v - 1 • I Il i lr l C OUNI 'RY APPRAISAL, A.5;SOC4,'IlAT,5; Real Estate Appraisers and Consultants est. 1979 May 22, 2009 Mr. Doug Coffman Via e-mail to 7barxaawildblue.net Re: COFFMAN REVOCABLE TRUST PROPERTY Garfield County Parcel Number 2393-363-00-273 1837 County Road 100 Lot 4, Coffman Ranch Subdivision Exemption North Parcel Garfield County, Colorado Dear Mr. Coffman:: At your request I am writing to address the value of the above referenced property in connection with your attempts to subdivide an approximately 10 -acre parcel from the property. A value estimate is required to serve as a basis for calculating a school impact fee. made an appraisal of the above parcel as of December 9, 2008 for the property owners and their legal counsel. The property is an approximately 149.725 -acre parcel located on the north side of Garfield County Road 100 about 1.8 miles east of the town of Carbondale in southeastern Garfield County, Colorado. The property is improved with a principal single family residence, two accessory dwellings, and miscellaneous ranch buildings. I estimated property value at that time at approximately $25,046 per acre. I have not made a new appraisal of the property for school impact fee purposes. It is likely that a current estimate of property value would be somewhat lower, although not substantially so. I believe that it would be reasonable to use 80% to 1.00% of $25,046 per acre as a current basis for calculating school impact fee, and authorize the use of my December, 2008 appraisal as evidence of value. Thank you for the opportunity to be of service. Please call if you have any questions. Respectfully submitted, William K. Gray, MAI L1 gilally 5.1gned by PlAwm K. Gray, MM U yy: cn= Will iarn K [way, MAI, o,liigh Cosmlry Appraisal, ou, emalI =hcaassomate100 I ragwestrms, c.U5 D ale: 7009.05.72 1 1.17:53 -65'Ud • William K. Gray, MAI Colorado License No. CG01313605 1372 Main Street, P.O.Box 7 • Carbondale, CO 81623 - (970) 963-1480 FAX (970) 963-1068 Da EXHIBIT • 7 Jr lieCoffman Ranch/North Parcel 1 1 Applicant: RepresentadVet Rex & JoAnn Coffman TC Malloy Consulting, LLC 1837 104 Road Carbondale, Colored, 81623 181 Orchard Lane Glrnwwed pri. C elortid 81602 Ph: 945-01132 Fes, 945-0833 North Dale: January,3 2004 Soils Types Map Aerial Source: Sheet No. 20 Soil Survey of Aspen-GYP561r1 Area (Carbondale Duadrang(e) US Dept. of° Interior, Resource Conservation Service USDA -RCS Soils Designations Map Numerical Symbol 13 42 92 Soil Map Unit Atencio-Azcltine complex, 3-6% Fluvaquents, 0-10% Redrob Loam, 1-6% Coffman Ranch/North Parcel pen -Gypsum Area, Colorado 23 Atencio-Azeltine complex, 3 to 6 percent s. This map unit is on alluvial fans and terraces. e native vegetation is mainly grasses and shrubs. vation is 5,900 to 6,500 feet. The average annual ipitation is 15 to 18 inches, the average annual air perature is 44 to 46 degrees F, and the average st-free period is 105 to 120 days. This unit is about 60 percent Atencio sandy loam and percent Azeltine gravelly sandy loam. ncluded in this unit are small areas of soils that are ilar to the Atencio and Azeltine soils but are finer ured. Also included are small areas of gravel bars. uded areas make up about 10 percent of the total eage. he Atencio soil is deep and well drained. It formed alluvium derived dominantly from sandstone and ale. Typically, the surface layer is reddish gray sandy m about 6 inches thick. The next layer is sandy loam ut 4 inches thick. The subsoil is about 10 inches of dy clay loam over about 4 inches of gravelly sandy m. The upper 6 inches of the substratum is gravelly dy loam. The lower part to a depth of 60 inches is gravelly sand. The soil is noncalcareous to a depth 20 inches and calcareous below that depth. In some as the surface layer is gravelly or cobbly, rmeability is moderate to a depth of 30 inches in encio soil and rapid below this depth. Available er capacity is low. The effective rooting depth is 60 hes or more. Runoff is slow, and the hazard of water sion is slight. he Azeltine soil is deep and well drained. It formed Iluvium derived dominantly from sandstone and le, Typically, the surface layer is reddish gray elly sandy loam about 9 inches thick. The upper 7 hes of the substratum is gravelly loam. The lower to a depth of 60 inches is extremely gravelly sand. soil is calcareous throughout. In some areas the ace layer is cobbly loam or sandy loam. ermeability is rapid or very rapid below a depth of inches in the Azeltine soil. Available water capacity ow. The effective rooting depth is 60 inches or more. noff is slow, and the hazard of water erosion is ht. his unit is used mainly for irrigated hay or pasture. 11 o is used for crops, urban development, wildlife 'tat, or rangeland. f this unit is used for hay and pasture, the main Mations are the low available water capacity and all stones. Grasses and legumes grow well it equate fertilizer is used. Good management helps to ntain optimum vigor and quality of forage plants, se these soils are droughty, applications of ion water should be light and frequent. Irrigation ter can be applied by corrugation, sprinkler, and flooding methods. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. This unit is moderately well suited to irrigated crops. If furrow or corrugation irrigation systems are used, runs should be on the contour or across the slope. If properly managed, the unit can produce 70 bushels of barley per acre annually. The potential plant community on this unit is mainly western wheatgrass, Indian ricegrass, needieandthread, big sagebrush, and Douglas rabbitbrush. Nevada bluegrass, prairie junegrass, and bottlebrush squirreltail also are included. The average annual production of air- dry vegetation is about 800 pounds per acre. Suitable management practices include proper grazing use and a planned grazing system. If the quality of range vegetation has seriously deteriorated, seeding is needed. The main limitations are cobbles and stones. For successful seeding, a seedbed should be prepared and the seed drilled, Brush management improves deteriorated areas of range that are producing more woody shrubs than were present in the potential plant community. If this unit is used for homesite development, the main limitation is small stones. Population growth has resulted in increased construction of homes in areas of this unit. Topsoil can be stockpiled and used to reclaim areas disturbed during construction. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. If the density of housing is moderate or high, community sewage systems are needed to prevent the contamination of water supplies resulting from seepage from onsite sewage disposal systems. This map unit is in capability subclass lVe, irrigated, and Vle, nonirrigated. It is in the Rolling Loam range site. Callings-Yeljack complex, 25 to 65 perce slopes. This map unit is on ridgetops, benche and mountain •es. Elevation is 7,500 to 9,500 •et. The average ann..1 precipitation is 18 to 20 ches, the average annus' -ir temperature is 3 o 41 degrees F. and the average frt-free period 70 to 80 days. This unit is about •erten allings soil and 40 percent Yeljack soil. Included in this unit ar• s i all areas of Mine, Arle, Ansari, Jerry, Miilerla. , Uraco- and Merge! soils. included areas m. up about 10 •ercent of the total acreage. The Celli soil is deep and well dr- ed. It formed in alluviu • and colluvium derived dominan from sandst. e. Typically, the surface layer is dar brown loa . bout 5 inches thick. The next 6 inches is • raveily I. m. The subsurface layer is very cobbly clay lo 1 m -Gypsum Area, Colorado 39 t,. e management practices include proper se and a planned grazing system. The ility this soil for range seeding is poor. The io I".Iimitati b n is the slope. The slope limits acess by ock. Thi limited accessibility results in odergrazing ,less slo 'ng areas. i ."s unit is porly suited to homesite dev lopment. ain limitatic\n is the slope. s map unit is, in capability subclass Ile, ated. It is in\the Deep Loan rang site. Evanston Ioarin, 45 to 65 perce t slopes. This ell drained soils on alluvial fs, terraces, and ides. It formed irk mixed alluvt m. Elevation is o 8,000 feet. The average a uaI precipitation is inches, the averAge annul air temperature is degrees F, and th' avenge frost -free period is days. /f Ily, the surface Jaye� is/brown loam about 12 ick. The subsoil is cli, loam about 13 inches substratum to a deh of 60 inches or more is ed in this unit are s al areas of Tridell soils, Evanston soils tha hay slopes of less than 45 nd small areas of Rock putcrop. Included e up about 15 'ercent o\ the total acreage. ability is moder a in this %vanston soil. water capacity is high. The effective rooting inches or ore. Runoff is,rapid,, and the ater erosi n is moderate of severe on the pes. is used airily as rangeland It also is used abitat. ntial pl{ nt community on this\nit is mainly heatgrass, western wheatgrass , , Douglas rabbitbrush, and mor{ntain big toV serviceberry, mountain sndwberry, rags, and Ross sedge commonI9 are also verage annual production of a dry about 1,500 pounds per acre. If t� a range eriorates, mountain big sagebrush bitbrush, cheatgrass, and annual weeds bundance. anagement practices include proper and a planned grazing system. The this soil for range seeding is poor. Th n is the slope. The slope limits access. by e limited accessibility results in overgra ing { aping areas. ! poorly suited to homesite development. mitation is the slope. unit is in capability subclass Vile, . It is in the Deep Loarn range site. 42—Fluvaquents, 0 to 10 percent slopes. This broadly defined unit consists of deep, somewhat poorly drained, nearly level soils on flood plains and alluvial valley floors. These soils formed in alluvium. Fluvaquents are stratified and vary widely in texture and in depth to sand, gravel, and cobbles. Typically, the surface layer ranges from loamy sand to fine sandy loam or from silt loam to clay loam. The underlying layers are generally sandy loam or loam stratified with sand, gravel, and cobbles. In some areas gravel and cobbles are on or near the surface. The water table fluctuates between depths of 0.5 foot and 2.0 feet during spring and summer. These soils are occasionally flooded for brief periods in late spring and early summer. Included in this unit are small, isolated areas of Redrob soils. Also included are small, isolated areas where water stands at or near the surface all year. These water areas are identified by a special symbol on the soil maps. included areas make up about 15 percent of the total acreage. These soils are used for wildlife habitat, recreational development, or grazing. The native vegetation is mainly cottonwood, willow, water -tolerant grasses, sedges, and rushes. Mule deer, cottontail rabbit, coyote, and bobcat and ducks, geese, and other native birds find food and shelter on these soils. Where feasible, planting small grain, trees, and shrubs improves the habitat for upland wildlife. This unit is poorly suited to homesite development. The main limitations are the flooding and the seasonal high water table. This map unit is in capability subclass Vlw, nonirrigated. It generally is in the Riverbottom range site. At the higher elevations, however, it is in the Mountain Meadow range site. 3—Forelle-Brownsto complex, 6 to 12 percen slope This map unit is on mountains and benc s. Elevation 6,500 to 7,500 feet. The average • nual precipitation 12 to 14 inches, the Avera. • annual air temperature is o 44 degrees F, and e average frost -free period is : to 105 days. This unit is about 55 • rcent F • elle soil and 30 percent Brcwnsto soil. Included in this unit are s knolls, Mussel and Mory soils in ales, and basalt Rock outcrop. Also in ded are srnal -yeas of soils that are similar to t ' - Forelle and Browns • soils but have soft Pedro below a depth of 40 inch e ncluded areas make -• about 15 percent of the total acr-:•e. The F. elle soil is deep and well drained. It forme mixe+ .Iluvium derived dominantly from sedimentary a areas of Tridell soils on - ypsum Area, Colorado sel loam, 6 to 12 percent slopes. This 11 drained soil is on terraces, fans, and foo formed in alluvium. Elevation is 6,500 to ,500 average annual precipitation is 13 to 1 e average annual air temperature is 4 ' to 44 and the average frost -free period i- 75 to 90 the surface layer is light gray Io : m about 8 The upper 34 inches of the su stratum is m. The lower part to a dept of 60 inches y clay loam. s unit are small areas of amo soils. ake up about 10 perce t of the total ility is • city is hi ore. Run oderate. its used as pment. It is ='e ement canoe 1 s and legum i ~d. If properly • _s of irrigated g dal plant commu atgrass, needlea rldberg bluegr. uil production r acre. are heavily i • inproved equality ()rated, used f sthe nanas *!ar e oderate in the Mus .el soil. Available h. The effective oting depth is 60 If is slow, and e hazard of water ayland, as angeland, or for suited to ay and pasture. The are .w fertility and the s gro well it adequate aged, the unit can hay per acre annually. y on this unit is mainly hread, Nevada s, nd big sagebrush. The air.,, ry vegetation is about tested 'th undesirable chemical sr mechanical 1 range veg z. ation has eeding is nee. -d. homesite deve .pment, the ope in the steepe areas. The ement concern if se 'tic tank installed. Absorption I es should ontour. Access roads s •uld be surface runoff and help s'-.bilize cut in capability subclass IVe, it 'gated it is in the Rolling Loam range •ate. m, 12 to 25 percent slopes. Th soil is on tans and foot slopes. It Elevation is 6,500 to 7,500 feet. he cipitation is 13 to 14 inches, the temperature is 42 to 44 degrees F, It -free period is 75 to 90 days. ace layer is light gray loam about 8 er 34 inches of the substratum is e lower part to a depth of 60 inches loam. I 63 Included in this unit are small areas of Yamo sol a'd soils that are similar to the Mussel soil but h. ,e slo oes of 6 to 12 percent. Included areas make • p abo 10 percent of the total acreage. Per eability is moderate in the Mussel s► . Available water ca..city is high. The effective rooti • depth is 60 inches or 'ore. Runoff is medium, and e hazard of water erosio is moderate. This unit is sed as rangeland or •r urban development. e potential plant •mmunity is mainly western wheatgr• s, Nevada bl grass, Sandberg bluegrass, needlea •thread, d big sagebrush. The average annual prod tion • air-dry vegetation is about 800 pounds per acre. Range seeding may b needed if the range is in poor condition. The main li ati s are the slope and the limited availability of igatio water. In areas where brush is removed b prescribe • burning or by chemical or mechanical m:, ods, the hazd of erosion may increase. If this unit used for homesite de --Iopment, the main Iimita '•n is the slope. The slope also a manage -nt concern if septic tank abso •tion fields are installe • . Absorption lines should be install t • on the conto . Access roads should be designed to ontrol surf ce runoff and help stabilize cut slopes. his map unit is in capability subclass Vie, unirrigated. It is in the Rolling Loam range site. 92—Redrob loam, 1 to 6 percent slopes. This deep, somewhat poorly drained soil is on alluvial valley floors, low terraces, and flood plains. It formed in mixed alluvium derived dominantly from sandstone and shale. Elevation is 5,800 to 7,200 feet. The average annual precipitation is 16 to 18 inches, the average annual air temperature is 40 to 44 degrees F, and the average frost -free period is 85 to 105 days. Typically, the surface layer is dark grayish brown loam about 14 inches thick. The next layer is stratified stony loam about 6 inches thick. The substratum to a depth 01 60 inches is stony and very cobbly loamy sand and sand. Included in this unit are small areas of Fluvaquents and Atencio, Azeltine, Showalter, and Morval soils. Included areas make up about 15 percent of the total acreage. Permeability is moderate in the surface layer of the Redrob soil and rapid in the rest of the profile. Available water capacity is low. The effective rooting depth is 60 inches for water -tolerant plants but is 20 to 40 inches for other plants. Runoff is slow, and the hazard of water erosion is slight or moderate on the steeper slopes. A high water table is at a depth of 18 to 48 inches 64 41110hroughout the year. This soil is subject to rare flooding of brief duration. Ice jams may cause flooding during prolonged cold periods in winter. This unit is used for irrigated hay and pasture or as wildlife habitat. It is well suited to hay and pasture. The main limitations are the restricted rooting depth for plants that are not water -tolerant and a short growing season. The wetness limits the choice of suitable forage plants and the period of cutting or grazing and increases the risk of winterkill. Irrigation water can be applied by furrow, border, corrugation, and sprinkler methods. This unit provides food and cover for waterfowl and other wetland wildlife. This unit is poorly suited to homesite development. The main limitations are the wetness and the hazard of flooding. This map unit is in capability subclass 1Vw, irrigated and nonirrigated. It is in the Riverbottom range site. 93--Rogert very stony sandy loam, 25 to 65 p cent slopes. This shallow, well drained soil is tainsides. It formed in residuum derived antly from granite. Elevation is 7,500 to • , 00 e average annual precipitation is 18 1. 20 e average annual air temperature 36 to 38 and the average frost -free peri +d is 35 to 60 mo domi feet. inches,. degrees days. Typically, grayish brow thick. The lowe about 11 inches to 20 inches. The Included in this u similar to the Bogert deeper over granite be areas of soils that are s have a lighter colored su make up about 15 perc Permeability is mo Rogert soil. Availabl effective rooting de medium, and the This unit is us habitat. The Po wheatgrass, b and mountai characteriz ricegrass, forbs. S averag 1,000 T he upper part of the surfa very stony sandy loam part is brown very ick. Hard granit oil is noncalc are sma oil but roc layer is dark bout 6 inches avelly sandy loam is at a depth of 10 eous throughout. areas of soils that are e finer textured and Also included are small r to the Bogert soil but ce layer. Included areas the total acreage. apid or rapid in the acity is very low. The inches. Runoff is rosion is moderate. ing or wildlife is mainly western rie junegrass, that dian many he about ately water ca h is 10 to zard of water for livestock gra ntial plant communit ebunch wheatgrass, pr big sagebrush. Other plant this site are needleandthread daho fescue, and small numbers e areas of aspen are also included. annual production of air-dry vegetation i ounds per acre. suitability of this unit for range seeding is poo Th main limitations are the slope and the surface Soil Survey toniness. Suitable management practices include roper range use, deferred grazing, and rotation g , zing. Aerial spraying is suitable for brush m. agement. is unit is poorly suited to homesite deve +prnent, The , ain limitations are the slope and the d pth to bedro k. This map unit is in capability subclass Ile, nonirrig . ted. 11 is in the Rocky Loam ran r e site. 94.--Sh walter-Morval complex, 5 o 15 percent slopes. Th . map unit is on alluvial f. >s, high terraces, and valley s es. Elevation is 7,000 o 8,500 feet. The average ann sl precipitation is 14 0 16 inches, the average annu • air temperature i • 42 to 44 degrees F, and the averag frost -free perio'. is 80 to 90 days. This unit is ab ' ut 45 percen ° Showalter very stony loam and 35 perc: nt Morval Iam. The Showalter soil is in convex areas, a d the Mo al soil is in the more concave areas. Included in this un are mall areas of soils that are similar to the Morval sill !ut have a thicker surface layer. Also included ar- .mall areas of soils that are similar to the Morval s •. •ut have 30 to 40 percent cobbles in the substr. um Included areas make up about 20 percent of e tot.I acreage. The Showalter s• 1 is dee and well drained. It formed in alluvium erived d• inantly from basalt. About -10 to 15 p cent of the urface is covered with stones, 5 percen with cobbles, = nd 5 percent with gravel. Typical) , the surface lay- r is brown very stony loam about 8 i ches thick. The up'er 3 inches of the subsoil is very cobbly clay loam. T - lower 28 inches is very cobbly c'.y. The substratum to = depth of 60 inches or m s e is very cobbly clay lo Permeab ity is slow in the Showalte soil. Available water cepaity is moderate. The effectiv: rooting depth is 60 inch or more. Runoff is medium, d the hazard of water osion is slight. The M , rval soil is deep and well drained. It formed in alluvium erived dominantly from basalt. Typ ally, the surface ayer is brown loam about 7 inches th k. The upper 2 inches of the subsoil is clay loam. Th- lower 'niche - is loam. The substratum to a depth of 6+ inches is lo• . The soil is noncalcareous to a depth of 9 inch s and calcareous below that depth. rmeability is moderate in the Morval soil. Ava able. w- er capacity also is moderate. The effective rooti dth is 60 inches or more. Runoff is medium, and t h.: zard of water erosion is slight. This unit is used as hayland or rangeland, for crops, r for homesite development. It is moderately suited to hay and crops. The main limitations are the surface stoniness, the slope, and the slow permeability. bep Ufa U€t U 1 : 1 by p.:3 Garfield County Application for Driveway Permit Person Obtaining Permit: Rex A . Cofftnan Application .Date: 8/13/2008 County Road Number: 100 District: Glenwood Permit Nutnber: GRB08-D-80 Termination Date: 9/13/2008 Inspector. Wyatt Keesbery hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 100, 50ft West of 2575 CR 100, located on the North side of road for the pin -pose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Hoard of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9_ Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall he protected during the installation with proper warring signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course ofthc County snow removal operations. Sep ua ua ur:1 p • • p.g 6) in the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is•cut to prevent any slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners_ 8)Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. 10) Contractor agrees to all Provisions in Exhibit A. Special Conditions: 1. Driveway Width- 30ft 2. Culvert required? True Size: 18 inch by 40ft 3. Asphalt or concrete pad required? True Size of pad: 30ft Wide x 10ft long x 4in thick 4. Gravel portion required? True Length: 4Oft 5. Trees, brush and/or fence need to be removed for visibility?. True 6. Distance and Direction:west 15011 to 20Oft 7. Certified Traffic Control Required? False 8. Work zone signs required? True 9. Start date contingent on completion of subdivision process 1n signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has•read, understands and accepts the foregoing provisions•and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. - Telephone Number: Permit granted 8/13/2008. subject to the provisions, specifications and conditions stipulated herein. For Board of: County Commissioners' pf Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature DeF Uri Ud Ui: lbp • p.5 Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in`excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by . . permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constricted that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures al entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of"the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. Sep 08 08 01:15p p.6 1. Permit Owner : Driveway Permit Check Off Form A . C a �'• W, � vk 2. Mailing Address: t$ 31 CQ .4y d is o 3. City: Carbondale 81623 New Castle 81647 Glenwood Springs 81601 Silt 81652 Parachute 81635 n Other 4. Phone No: q7 0 -G63- a%75 5. County Rd. No: Rifle 81650 Fax No: 5 c.z 100 6. Nearest Intersection or address: 7. Distance from Int. or address: 8. Direction from Int. or address: N 4575— !-,e- (CO ...J` o ` 9. Side of road: N E E II S S w x [1 10. Width of driveway: 30 -foot ® 40 -foot 100 -foot E Other: 11. Culvert required: Yes 12. Size of culvert required: 12 -inch Other: 13. Length of culvert required: 30 -foot 14. Asphalt or concrete pad required: 15. Size of pad: • No 15 -inch n 18 -inch X 40 -foot pother Yes No 30 -foot wide X 10 -foot long X 4 inches thick: Yes 40 -foot wide X 10 -foot long X 4 -inches thick: Yes 100 -foot wide X 20 -foot long X 4 -inches thick: Yes Other: x Sep 08 08 01:16p P 7 16. Gravel portion required: Yes 17. Length of gravel portion: 40 -foot 18. Trees or brush removed for visibility: No 50 foot ri Yes fl No 19. Distance and direction from driveway to be removed: W - 15 d `Z. 20. Driveway must be no more than 3 % slope away from County road. 21. Drive must be constructed so no drainage accesses County road from driveway. 22. Certified traffic control required: 23. Work zone signage only required: Yes ri No Yes [1] No 24. Stop sign required at entrance to County Rd. Yes No 25. Inspection of driveway will required upon completion and must be approved by person issuing permit or representative of person issuing permit. 26. Person Requesting Permit: 27. Person issuing permit: 28. District permit issued in: 29. Date checklist completed: Cb I wy� 2 3 2 .45 AC1,1.1.4.69 2191 5 I ASPEAr A —4"7-47-71.7"------ CQUESTHekv C>0 r Es Lew. I... "211? -46094%H.- 1,-.4tmvz.\ PHASE 111 62. U CREEK NC (63) 35 6 I PI- 344 .545 0 4 ROO 1 R111 GR.AND£ MIES 1£RN e re -K( 11.1 y 11 8 0 440 44211 " 1.,“k 510 41,?,11. 15 'A ALLJ Afr pl ." 41, „ 11 01111 913.1.1 ..11•41.1•15 Adja5ntaq 2455-015 z.a.1.6i J1,40 -0. „ — 07 W. p,*.- 61 2391-31 7 7 s...R. 0 w ,c. 21 -a • uF r ren ..a 7;36- Ra,ING FO x. 2 COfFINAH RANCH Sub—OI V. EMAP TiOi Luo 4 k fEe muss[ a ..1 *DM. C7 2393--3b T.7S. -It Milli SEC. 38 • • J 0 0 0 w Adjacent Property Owners 1. Dale Eubank LLC 1676 CR 100 Carbondale, CO 81623 Parcel#239336300014 2. Coffman Ranch LLC 1837 Rd. 100 Carbondale, CO 81623 Parcel # 239336400269 3. HP Hansen & Gwendolyn Hansen 14 Old Orchard Carbondale, CO 81623 Parcel # 239336400268 4. Nordic Gardens Landscape Co., Inc. 652 Melissa Carbondale, CO 81623 Parcel # 239336400267 5. Eric Smith c/o Smith & Metalitz LLP 2101 L Street North West Ste 1000 Washington, DC 20037 Eric Smith local: Also 25755 CR 100 Carbondale, CO 81623 Parcel It 239131300025 6. MFP, LLC c/o BS Moss Enterprises 1530 Broadway New York, NY 10036 Parcel # 239131318008 7. Schulman, Toni Mindliing as Custodian for Natasha Mindling and James Minding 32 Buttonball Lane Weston CT 06883 Parcel#239131318007 8. Ranch at Roaring Fork Homeowners Assn. 14913 Hwy 82 Carbondale, CO 81623 963-3500 Parcel # 239336100005 9. Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602-1009 Parcel # 239336400999 10. David Reed and Krysia Carter-Giez 2341 CR 100 Carbondale, CO 81623 • • Parcel 239336400270 11. Ron Lloyd& Michelle Lloyd 2331 CR 100 Carbondale, CO 81623 Parcel # 239336400271 12. Charles Cole & Summer Cole 2321 CR 100 Carbondale, CO 81623 Parcel # 239336400272 13. Johnathan C. Whitman Revokable Trust 300 Sopris Circle Basalt, CO 81621 925-4458 Cell 948-2946 Parcel 239336219002 14. William Hutton 5231 Farquhar Ln. Dallas, TX 75209 214-350-4615 cell 214-766-1080 Parcel # 239336319003 15. Moore Huffman P.O. Bax 42 Woody Ck., CO 81656 922-0223 Parcel # 239336319005 16. Dan Willie and Dessa Willie 9092 Fieldcrest Lane Longmont, CO 80503 303-458-7429 Parcel # 239336319006 17. Garfield County Board of County Commissioners 108 8th Street Suite 213 Glenwood Springs, CO 81601 Parcel # 239131300015 18. RF Transit Authority 530 East Main ST. Aspen, CO 81611 Parcel # 239132300051 and 239131300029 19. IRMW, LLC P.O. Box 1252 Carbondale, CO 81623 Parcel # 239335400056 • • 3799 HIGHWAY 82 • PQ BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4061 SS 0.6') 05/11/2009 Doug Coffman 1837 CR 311 Carbondale, CO 81623 RE: DOUG COFFMAN SUBDIVISION Dear Doug Coffman: The above mentioned development is within the certificated service area of Holy Cross Energy. Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Please advise when you wish to proceed with the development of the electric system for this project. Engineering Department PH: 970-947-5435 A Touchstone l:ne:gy` Cooperativep % 10/02/2008 Attn: Doug Coffman 1164 County Rd 113 Carbondale, Co. 81623 Re: Proposed Lot adjacent to 1837 CR 100 Carbondale, CO. Qwe st. Spirit of Service - Qwest Communications will provide telephone facilities to Proposed Lot adjacent to 1837 CR 100 Carbondale, CO. as defined by the current PUC Tariffs. Jason Sharpe Senior Field Engineer 970-384-0238 • • • Sourceas April 11, 2008 From: Carla Westerman SourceGas 0096 County Rd. 160 Glenwood Springs, CO 81601 970-928-0407 To: Douglas Coffman 1837 County Rd. 100 Carbondale, CO 81623 970-963-1013 RE: 1837 County Rd. 100 Lot subdivision Dear Doug: 11 was nice talking to you this morning! The above mentioned property is within the certificated service area of SourceGas. SourceGas has existing natural gas facilities located on or near the above mentioned project. At this time it appears that these existing facilities have adequate capacity to provide natural gas service to your project, subject to the tariffs, rules and regulations on file. Any upgrading of our facilities necessary to deliver adequate service to and within the development will be undertaken by SourceGas upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Please contact us with any questions regarding this project, and with a timeline of when you would like to proceed with your project. Sincerely, Carla Westerman Field Coordinator SourceGas Sep 08 08 01:18p p.2 FIRE • EMS • RESCUE August 14, 2008 Mr. Rex Coffman c/o Mr. Doug Coffman 1164 County Road 113 Carbondale, CO 81623 RE: Coffman Subdivision, County Road 100 (subdivide one lot) Dear Mr. Coffman: Your property located on County Road 100 is located inside the service area of the Carbondale & Rural Fire Protection District. The District services the property for both fire and emergency medical services. The new lot created by the subdivision is subject to development impact fees adopted by the District. The developer will be required to enter into an agreement with the District for the payment of development impact fees. This payment is due prior to the recording of the final plat. Fees are based upon the per lot impact fee adopted by the District at the time the agreement is executed. The current impact fee is $437 per lot. Please contact me if you have any questions. Sincerely, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale. CO 81623 • 970-963-2491 Fax 970-963-0569 •"IERESOURCE MeV PEMENGINEERING Section 4-502 D. Land Suitability Analysis Coffman Subdivision Preliminary Plan General June 2, 2009 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement. Since development will only occur on Lot 1, the Planning Director has indicated that only Lot 1 needs to be analyzed. A 2 -acre building envelope was created for Lot 1 pursuant to the Conservation Easement. The building envelope takes into consideration all of the potential land use constraints. Land Suitability Analysis A. Public Access to Site The property is adjacent to County Road 100 and Lot 1 has approximately 500 feet of frontage on the road. There is no historic access by the Public through the proposed subdivision. B. Access to Adjoining Roadways The property is adjacent to County Road 100 and Lot 1 has approximately 500 feet of frontage on the road. There is an existing driveway to the adjacent property along the easterly boundary of Lot 1. The Lot 1 driveway will be located more than 200 feet from this driveway. The nearest existing driveway intersection to the west on County Road 100 is more than 900 feet away: There is adequate site distance in both directions including approximately 900 feet to the east and 500 feet to the west. C. Easements The entire proposed subdivision is included in a Conservation Easement held by the Aspen Valley Land Trust. The Conservation Easement allows for development of one lot within the easement and restricts the structures to a 2 -acre building envelope. A 20 foot electric line easement traverses through the southwest portion of Lot 1 to provide service to the Coffman Exemption lots. The Banning Lateral and Slough Ditch traverses across Consulting Engineers and Hydrologists 909 Colorado Avenue Glenwood Springs, CO B1 601 (970] 945-6777 Fax (9701945-1137 the southerly portion of Lot 1. The ditch has a prescriptive easement across the property. The Applicant owns an interest in the ditch along with other down ditch owners. The driveway for Lot 1 will cross the ditch and installation of a 5 foot diameter (or equivalent arch pipe) culvert will be required. The Applicant has submitted a letter to all ditch users requesting permission to install the culvert. All easements on the property are shown on the Plat Map prepared by Scarrow & Walker, Inc and included in the submittal package. D. Topography and Slope The project site is relatively flat with slopes on Lot 1 ranging from 0.5 % to 2%. There are no topography or slope constraints. E. Natural Features The primary natural feature on Lot 1 is the Roaring Fork River. All development will be limited to the south side of the river and outside of the County's river setback. F. Drainage Features There are no defined drainage features or impoundments on Lot 1 other than the Roaring Fork River. G. Water Most of the project site is irrigated by the Banning Lateral and Slough Ditch and most of the irrigation occurs on Lot 2. Irrigation of the property will remain unchanged. New water demands for the project will include domestic use for a single family unit and ADU on Lot 1. The demand will be served by an individual well. A significant alluvial aquifer underlies the property and can supply the new water demand for Lot 1. H. Floodplain The floodplain boundary, floodway boundary, and base flood elevations are shown on the maps prepared by RESOURCE in the Floodplain Overlay District section of this submittal. All development on Lot 1 must be located outside of the Floodway boundary (south of the line). Development within the flood fringe area must meet County and FEMA standards and will require a Floodplain Development Permit when Lot 1 is developed I. Soils The soils on Lot 1 within the 2 -acre building envelope are mapped as Fluvaquents by the NRCS. These soils potentially have a fast percolation rate that will require an engineered ISDS system. The soils are good for foundation and road construction. J. Hazards There are no geologic hazards on the site or adjacent property that affect the site. See the HP Geotech report included in the hazards section of the submittal for more detail. K. Natural Habitat The proposed Lot 1 site include native grasses and shrubs, riparian habitat along the river, wetlands adjacent to the river and in low spots near the river, and irrigated pasture in the RESOURCE • southwest corner. All development on Lot 1 will be outside of the floodway and the wetland areas. There will be no Section 404 permitting required for the subdivision. Wildlife use the subdivision area, but there are no critical winter range area or migration routes that will be impacted by Lot 1. See the wildlife section of the submittal for more detail. L. Resource Areas There are no known protected or registered arcaeological, cultural, paleontological, or historic resource areas on Lot 1. • • RESOURCE i�: RESOURCE •(�_ L f `.:1;�6�F ENGINEERINGI N C. 1 Section 4-502 J. Traffic Study Coffman Subdivision Preliminary Plan General June 2, 2009 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement, Since the project is two lots and development will only occur on Lot 1, only the Basic Traffic Analysis is required. Basic Traffic Analysis A. Road System Map The property is adjacent to County Road 100 and Lot 1 has approximately 500 feet of frontage on the County road. There will be no internal roads within the Subdivision. County Road 100 intersects Highway 82 at the Catherine Store signalized intersection as shown on the attached Figure 1. The only construction activity will be on Lot 1 for site specific development of that lot. B. Existing Traffic The proposed subdivision parcel is part of the Coffman Ranch. Doug Coffman currently makes daily trips to the property to visit his parents and help with the ranch work. The current access point is at the driveway for the Coffman house. A new driveway permit from the County will be obtained for Lot 1. The project does not require any other access permits and will not trigger the need for the County to obtain a new State Highway Access Permit. C. New Traffic Generation The proposed subdivision will create one single family residential lot. The average daily trip (ADT) generation from one single family residential lot is estimated at 10 vehicle trips per day based on the Trip Generation Manual, Sixth Edition by the Institute of Transportation Engineers, 1997. The additional 10 ADT will have no significant impact to County Road 100 or Highway 82. The applicant already travels to and from the property on a regular Consulting Engineers and Hydrologists 909 Colorado Avenue Glenwood Springs, CO 81 801 (97 0) 845-6777 Fax (9701945-1137 A basis to visit family and help with farm and ranch activities. During construction of the driveway and house for Lot 1, vehicle traffic will be an estimated 20 ADT. Heavy truck traffic is estimated at 4 ADT for a limited number of days for gravel trucks, concrete trucks, and material delivery trucks. D. Construction Phase There is no construction associated with development of the subdivision. There will be no public infrastructure. The only construction activity will be for the house and driveway construction as described above. All access will be via the driveway for Lot 1. It is not anticipated that there will be any need for lane closures or interruption of traffic on County Road 100. E. Existing Traffic Counts and Percent Increase The available data from the 2002 Garfield County study on existing traffic counts is shown on the attached Figure 2. The only data for County Road 100 is a count of 4300 ADT for southbound/westbound traffic. The proposed project would increase the traffic by 0.5 % during construction and less than 0.25 % after the house is built. On-site and Off -Site Improvements and Fees There will be no roads within the subdivision and therefore no on-site improvements. The driveway access for Lot 1 has adequate separation from existing accesses to County Road 100 and traffic from one lot does not warrant or trigger any off-site improvements. The segment of County Road 100 from Carbondale to the Catherine Store intersection with highway 82 is not included in the County road improvements plan and there is no road impact fee according to the building and Planning Department. Permits There is no existing access or Access Permit for the project. A Driveway Permit from the Road and Bridge Department wil be quired for Lot 1. RESOURCE • s 14 • %--1 �7 .— Subdivision Boundary t • 01. 6 • J< • • C'1 CR 100 Catherine • 4300 Vehicles Southbound CR 100 f 1634 Vehicles j bait 1� Northbound CR 100 • = ' Lott — 1 t .. • —s;� -\"'"_".._ 7.7'.,--1)E MV --C---•',.., R_. =r1 11: 11ff . 10ADT for Lot 1 � )ll7` ,i' • 20 ADT Construction Phase r \ 4 ADT Heavy Truck Construction Legend • Average Daily Traffic 2002 Garco Study • 61415 1273 Vehicles Westbound Frontage !- CR" • 7/-4.--"- C I PANbt 6°44 It is not anticipated that the increased construction traffic will increase the average daily traffic load. Figure 2: Average Daily Traffic Count Coffman Date: 6/2/2009 File: 965-2.0 Drawn by: RKM Approved by: MJE N 0 990 1,980 2,970 1 in = 1,500 ft ft RESOURCE a m mo ENGINEERING,INC 909 Colorado Avenue Glenwood Springs. CO 81601 (970) 945-6777 Voice (970) 945-1137 Facsimile • FdrSikRESOURCE one r E N GINEE R 1 N G I N C Physical and Legal Water Supply Sections 7-104, 7-105, and 7-106 Coffman Subdivision Preliminary Plan General June 2, 2009 Revised 7/28/09 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement. The water supply for Lot 1 will be from an individual well drilled on Lot 1. Legal Water Supply Well Permit No, 278933 was issued by the Colorado Division of Water Resources for "Dougs Well" to be located on Lot 1. The well permit was issued pursuant to CRS 37-92- 602(3}(b}(11)(A) as the only well on a 35 plus acre tract of land and encumbers Lot 1 and approximately 20 acres of Lot 2. As such, this well permit is exempt from water rights administration and a water allotment contract from the Basalt Water Conservancy District is not required. The well permit allows for use in up to 3 single family residential units, irrigation of up to one acre of lawn and garden, fire protection, and watering of domestic animals and livestock, Physical Water Supply A. Demand The demand for the proposed subdivision includes in-house use for a single family dwelling and an ADU, livestock watering, and irrigation of up to 10,000 square feet of lawn and garden. An ADU is conservatively included in the analysis since the conservation easement allows for an ADU and such structure may be requested as part of this subdivision submittal or a future land use application. The water demand is estimated at 100 gallons per capita per day for in-house use, 11 gallons per day per animal for livestock watering, and 2.1 acre feet per acre for irrigation. The total water demand is calculated at 1.42 acre feet per year and the annual depletion to the river system is 0.63 acre foot per year as shown on the attached Table 1. A well producing a long term yield of at least 3 gallons per minute is required to meet the demand. Consulting Engineers snd Hydrologists 909 Colorado Avenue Glenwood Springs, C0 81601 (970) 945-6777 Fax (9701945-1137 • • B. Source Water Quantity An individual well will be drilled on Lot 1 to serve the project water demand. Lot 1 is located next to the Roaring Fork River and is underlain by a significant alluvial aquifer hydraulically connected to the river. There are existing wells located 400 feet either side of the proposed Lot 1 well drilled in the alluvial aquifer. These include Permit No. 60800-F (serves 3 lots in the Coffman Exemption) and Permit No. 50349-F (serves the Smith property). Both wells produce 15 gpm and provide an adequate supply of water. It is RESOURCE's opinion that a well with adequate water quantity (more than 3 gpm) can be drilled on Lot 1. C. Source Water Quality There are no known water quality issues with the Roaring Fork alluvial aquifer in the vicinity of Lot 1. The Coffman Exemption well was tested and met all applicable water quality standards. It is RESOURCE's opinion that a well with adequate water quality can be drilled on Lot 1. RESOURCE • • s TABLE 1 COFFMAN SUBDIVISION WATER DIVERSIONS AND DEPLETION REQUIREMENTS (All values in acre-fee9 MONTH JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMI3FR TOTAL IN-HOUSE (1) 0.067 0.061 0.067 0.064 0.067 0.064 0.067 0.067 0.064 0.067 0.064 0.067 DIVERSIONS DOMESTIC ^ LIVESTOCK IRRIGATION (2) (3) 0.000 0.004 0.000 0.004 0.000 0.004 0.022 0.004 0.112 0.004 0.139 0.004 0.133 0.004 0.081 0.004 0.074 0.004 0.026 0.004 0.000 0.004 0.000 0.004 DEPLETIONS TOTAL (4) IN-HOUSE (5) 0.071 0.065 0.071 0.091 0.183 0.207 0.204 0.152 0.142 0.097 0.068 0.071 0.785 0.588 0.049 1.421 0.010 0.009 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.118 DOMESTIC IRRIGATION (6) 0.000 0.000 0.000 0.018 0.090 0.111 0.106 0.065 0.059 0.021 0.000 0.000 0.470 LIVESTOCK (7) TOTAL (8) 0.004 0.004 0.004 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.004 0.004 0.014 0.013 0.014 0.031 0.103 0.124 0.120 0.078 0.072 0.035 0.014 0.014 0.044 0.631 NOTES: (1)d . An ADU is included in the analysis since the conservation easement allows for an ADand such structure 1 Single Family Residential Unit @.350 gal/day and 1 ADU @ 350 gpd Lt may be requested in this preliminary plan application or a future land use application. (2) 023 acre Lawn irrigation @a 2.59 feet application rate (3) 4 Livestock @ 11 gpd (4) Column (1) + Column (2) + Column(3) (5) 15% in house C.U. for ISDS System (6) 80% of (2) is consumptively used, (7) 100% of (3) is consumptively used (8) Column (5) + Column (6) + Column(7) 7/28/2009 RESOURCE ENGINEERING. INC Eil1L --ESDURCE h E MI f EIir E N G I N E E R I N G INC. Section 7-106 Wastewater Coffman Subdivision Preliminary Plan General June 2, 2009 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two Tots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement. Wastewater treatment and disposal will be through an Individual Sewage Disposal System (ISDS). Private Wastewater System The proposed treatment and disposal of wastewater will be through an ISDS system for Lot 1. There will be no development on Lot 2. A. Adequate Lot Size The proposed Lot 1 is 9.1 acres and is more than adequate in size for an ISDS system. B. Suitable Treatment Area Lot 1 has several areas of high ground that are outside of the 100 year floodplain and the remaining areas are in the flood fringe with shallow flooding depths (one foot) where fill could be used if necessary. The soils on Lot 1 are mapped as Fluvaquents by the NRCS. These soils are a variety of alluvial material including sand, gravel, and cobbles with a loam topsoil. The percolation rate in these soils is typically high. An ISDS system is feasible for Lot 1. However, due to these potential constraints, the ISDS system should be designed by a Colorado Registered Professional Engineer. The design will need to take into account the percolation rate, depth to groundwater, and 100 -year flood elevation. C. Operation and Maintenance Plan Adequate operation and maintenance of an ISDS system is critical to proper function of the system. Attached is the proposed I S -ration and Maintenance Plan for the Coffman Subdivision. Consulting Engineer's and Hydrolooists 909 Colorado Avenue Glenwood Springs, CO 8/ 801 (970] 945-6777 Fax (9701945-1137 • I ii !t v RESDUF CE A4lo1s1i t?f E ry G l N E E R i N G l rte. C Individual Sewage Disposal Systems Operation and Maintenance Plan June 2, 2009 Coffman Subdivision Preliminary Plan A. Responsibility: The owner and the party in possession of real property upon which an individual sewage disposal system is used, shall be jointly and severally responsible for operation and maintenance of the system unless jurisdiction for responsibility has been transferred to a public, quasi -public, or political subdivision. The person denying such responsibility shall bear the burden of proof for such denial upon establishment of ownership or possessory rights in the property served by the system. The following are general guidelines for individual sewage disposal systems (ISDS) from the Colorado Department of Public Health and Environment (CDPHE). Attached is a more specific Operations and Maintenance plan developed by Jeff County, Colorado which should be followed for the Coffman Subdivision project. B. Service Label: For treatment plants utilizing mechanical apparatus or under a service policy, a clearly visible, permanently attached label or plate giving instructions for obtaining service shall be placed at a conspicuous location. C. Maintenance and Cleaning: When directed by the local health department, for the purpose of obtaining compliance with rules and regulations, the owner or user of a system shall provide for maintenance and cleaning of an individual sewage disposal system and shall notify the local health department upon completion of any maintenance work and report to said department and submit such evidence of compliance with any maintenance and cleaning schedule in the form and as the department requires. 1. The local board of health may adopt rules and regulations for the scheduling of maintenance and cleaning of systems and practices adequate to insure proper functioning of acceptable systems, and may require proof of proper maintenance and cleaning, pursuant to any such schedules and practices, to be submitted periodically to the local department of health by the owner of the system. D. Monitoring and Sampling: 1. Reasonable periodic collection and testing by the local health department of effluent samples from individual sewage disposal systems for which monitoring of effluent is necessary in order to insure compliance with the provisions of rules and regulations may be performed not more than two times a year, except when required by the Consulting Engineers and Hydrologists 909 Colorado Avenue Glenwood Springs, CO 81 801 (970), 945-9777 Fax (9701945-1137 health officer in conjunction with an enforcement action. 2. Any owner or occupant of property on which an individual sewage disposal system is located may request the local health department to collect and test an effluent sample from the system. The local health depai Iwent may perform such collection and testing services. 3. if the local health department collects and tests effluent samples, a fee not to exceed that which is allowed by 25-10-101 et. seq. (as amended) C.R.S. 1973, may be charged for each sample collected and tested. Payment of such charge may be stated in the permit as a condition for its continued use. F. Disposal of Waste Materials: Disposal of waste materials removed from a system in the process of maintenance or cleaning shall be accomplished at a site approved by local county officials in a manner which does not create a hazard to the public health, a nuisance or an undue risk of pollution and which complies with state and local rules and regulations. (See Sludge Regulations and Solid Waste Regulations). F. No Discharge is Permitted Which Does not Comply with Rules and Regulations: No sewage or effluent shall be permitted to be discharged into or upon the surface of the ground or into state waters unless the sewage system and effluent meets the minimum requirements of applicable rules and regulations. G. Termination of Use of System: The contents of a septic tank, vault, or seepage pit, the use of which has been terminated, shall be properly disposed of whereupon the emptied tank, vault, or pit shall be filled with soil or rock, or the health officer may require the tank or vault to be removed and disposed of properly. RESOURCE The modern onsite wastewater treatment system, or individual sewage disposal system (ISDS) is an environmentally sound method of wastewater treatment in areas without public sewers This guide will help you understand how your system functions and will provide maintenance tips and information to prolong its life.. vwMrHk nips Cr'irwl nes nr'rrviI nal Septic System What it is and how it works A typical ISDS has a septic tank and an absorption bed (leaching field). The tank is usually concrete or other durable materials. Most tanks have a capacity of 1,000 gallons or more and are divided into two compartments. Sewage enters the first compartment of the tank where bacterial decomposition occurs and materials that cannot be digested settle to the bottom as sludge or float to the top and form a scum layer. The remaining liquid flows into the second compartment for additional treatment. Some tanks have a motor or aerator to agitate the sewage - these mechanisms should not be removed or disconnected, as this will seriously affect the operation of the system. • From the tank the partially treated sewage flows to the absorption bed and into a series of perforated pipes bedded in gravel. There, it passes through the gravel and the soil below where it is further treated and filtered before reentering the groundwater. The filtering action of the soil removes most of the harmful bacteria, resulting in a high degree of treatment through a natural, environmentally sound process. prinking wa4�r we41 Saptlr. tank inn / Absorption flair' Soli ,absorption Purification To etream end woe Wastewater Treatment and Disposal in the Soil These systems cannot remove all contaminants. Nitrate, a by-product of human waste, is not removed and may impact groundwater quality. Distance separation from wells and proper maintenance is necessary to enhance treatment effectiveness. Caring for your septic system An ISDS is designed to treat only household wastewater. Although household soaps and cleaners should not cause a problem, paints, solvents, thinners, pesticides, antifreeze, or photographic chemicals should never be poured down the drain. These materials can damage • your system and seriously pollute the groundwater. Likewise, disposable diapers, cigarette butts, and sanitary napkins should not be put into the system. Kitchen wastes such as bones, eggshells, and coffee grounds do not readily decompose and should be thrown out. Grease can cause major problems — wipe pans clean prior to washing and don't pour excess grease or drippings down the drain. Unlike a public sewer, Your ISDS is designed to accept limited flow. Prolonged overloading of the system may cause sluggish drains, sewage backups, or effluent surfacing on the absorption bed. Space your water use out over time. Don't do multiple loads of laundry or permit three or four showers in a row. v Inlet Inspection ports._ - Scum Mlle or Tee Sludge Septic Tank 1 Baffle or Tec Oldie" Pumping your septic tank Some materials in household sewage are not easily decomposed. Therefore, tanks • • (including both sides of 2-comparment tanks) should be pumped regularly by a licensed pumper, Otherwise, sludge may enter the bed where it can plug the soil pores and result in failure. In addition, adding an effluent filter to the outlet of your septic tank will help prevent solids from entering your absorption bed. Since replacing a failed absorption bed can cost thousands of dollars, an effluent filter and routine pumping represents a very reasonable investment in protecting your ISDS. Effluent Filters Absorption beds An absorption bed is where treated wastewater enters the soil. Plastic (PVC) pipes in the bed can be crushed, so vehicles should never be driven or parked on an absorption bed. Cattle or horses may also compact the soil and damage the pipes. If your ISDS is in a pasture it should be fence to keep out livestock. Erosion can remove the soil cover and allow sewage to escape from the bed, but this can be prevented by maintaining proper drainage and establishing vegetative cover (excluding trees, whose roots can enter and clog pipes). If the bed is located in a lawn area, restrict watering to prevent saturation of the ground. Additives Although Additives which claim to improve the operation of your system will probably not cause any harm, they are not needed to assure proper operation. Beware of claims that a chemical additive will "rejuvenate" your system or make pumping the tank unnecessary. Summary Do not dispose of items that will destroy the natural digestion processes in your ISDS, contaminate the ground water, or overload the system with excess water. Have the tank regularly inspected and pumped. If you follow these few simple rules, your ISDS will prove to be a safe and economical onsite method of wastewater treatment for many years. Despite the best of care, some systems do malfunction, either backing up into the dwelling or leaking from the absorption bed (as shown on the front cover of this brochure). Should this happen, contact the Health Department at once. They can advise you on procedures to repair the system. Printed on Recycled Paper i .4. December 2008 • JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT .�E4 )" Septic System Maintenance Environmental Health Services 1801 19th Street Golden, Colorado 80401 303-271-5700 http://bealth.jeffeo.us RESOURCE 'ENGINEERING I N C. Section 7-108 Access and Roadways Coffman Subdivision Preliminary Pian General June 2, 2009 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement. A. Compliance with County Road Standards The proposed development of one lot within a 159.1 acre area will riot require any new roads. One driveway access from County Road 100 will be required. B. Access to Public Right of Way Lot 1 will be adjacent to County Road 100 and the driveway will have access from County Road 100. C. Safe Access The Lot 1 driveway will be located approximately 200 feet from the nearest existing access.cThe driveway ima platively rovements roveme is Tght are required ed to County Roadon of roadway with dequate site 100 for the distance in baththdirections. No p single lot driveway access. D. Adequate Capacity The Lot 1 driveway will serve only one lot and will have adequate capacity. The average daily trip (ADT) generation from one single family residential Sixthot is Edit animated by the tlnstitutecof tle trips per day based on the Trip Generation Transportation Engineers, 1997. The additional 10 ADT will have no significant impact to County Road 100 or Highway 82. The applicant already travels to and from e,.r, .erty on a regular basis to visit family and help with farm and ranch activitiesf , • �../' Consulting Engineers end Hydrologists 6D9 Colorado Avenue Glenwood Springs, CO BI 601 (970) 645-6777 Fax H.ThRESOURCE t[ E N G I N E E R I N G I N C. Section 7-205 Erosion and Sedimentation Coffman Subdivision Preliminary Plan General June 2, 2009 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement. The disturbance within the subdivision will only be on Lot 1 and will be less than 0.5 acre. A Colorado Discharge Pollutant Elimination System Permit from the CDPHE will not be required for the Subdivision. Erosion and Sediment Control Erosion and sediment control guidelines to be used within the Subdivision for all grading and drainage work are included in the attached Coffman Subdivision Drainage and Erosion Control Plan prepared by RESOURCE. Consulting Engineers and Hydrologists 9O9 Colorado Avenue Glenwood Springs, CO e1 601 (97O) 945-6777 Fax (G701 945-1137 • ::;:RESOURCE U W ■ i111Ia11 ■ 1111!/! EN G I N E E R I N G INC • • Section 7-205 Erosion and Sedimentation Coffman Subdivision Preliminary Plan General June 2, 2009 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two Tots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement. The disturbance within the subdivision will only be on Lot 1 and will be less than 0.5 acre. A Colorado Discharge Pollutant Elimination System Permit from the CDPHE will not be required for the Subdivision. Erosion and Sediment Control Erosion and sediment control guidelines to be used within the Subdivision for all grading and drainage work are included in the attached Coffman Subdivision Drainage and Erosion Control Plan prepared by RESOURCE. Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs. CO 81 601 161 (970) 945-6777 $ Fax (9701945-1137 HThRESOURCE n1 I N E E R I N G 1 N C. Section 7-206 Drainage Coffman Subdivision Preliminary Pian General June 2, 2009 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both Tots are within a conservation easement. There will be no disturbance to Lot 2 and drainage will continue consistent with historic patterns and rates. There will be minimal disturbance on Lot 1 and the primary drainage plan feature will be a culvert under the driveway between County Road 100 and the Banning Lateral and Slough Ditch to convey off-site drainage. On-site drainage will follow the existing drainage pattern (sheet flow toward the Roaring Fork River). The incremental runoff from the small impervious area on Lot 1 is small relative to the historic flow rates on the property and is directly into the river. The peak flow from the property will occur relatively quickly and will not coincide with the peak flow in the river due to snowmelt/rainfall runoff in the river basin. Therefore, detention storage is not required for the project. The attached drainage study prepared by RESOURCE provides more detail and mapping of the site drainage. Drainage A. Site Design The proposed building envelope for Lot 1 is located on the high ground and will allow for positive drainage away from the structures. B. Coordination with Area Storm Drainage Pattern 1. Drainage ditches shall have a minimum slope of no less than 0.75%. Energy dissipaters or retention ponds shall be installed in drainage ditches where flows are in excess of 5 feetlsecond. Ditches adjacent to roads shall have a maximum slope of 3:1 on the inside and outside edges, except where there is a cut slope on the outside edge where the edge of the ditch shall be matched to the cut slope. 2. Subdrains shall be required for all foundations where possible and shall divert away Consulting Engineers and Hydrologists 909 Colorado Avenue Glenwood Springs, CO 81 B01 [970) 945-6777 Fax [9701 945-'I 1 37 from building foundations and daylight to proper drainage channels. 3. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid concentration of drainage from any lot to an ad. ce lot. RESOURCE • • • :::::RESOURCE ■EES EMMEN ■WEEM E N G I N E E R I N G I N C. Douglas Coffman 1164 C R 113 Carbondale CO 81623 RE: Coffman Subdivision Drainage & Erosion Control Plan Dear Doug: June 3, 2009 Resource Engineering, Inc. (RESOURCE) has prepared the following drainage report and erosion control plan for the Coffman Subdivision to comply with requirements for the Garfield County subdivision process. The property is located on County Road 100, east of Carbondale and approximately one mile from the Catherine Store intersection with Highway 82. The Coffman property included in the proposed subdivision is approximately 159 acres and is located in Sections 31 and 36, Township 7 South, Range 88 West of the 6th P.M. The purpose of this report is to identify off-site and on- site drainage and develop a plan to adequately convey drainage on the property. It also addresses the drainage and erosion control requirements for the proposed work by identifying Best Management Practices (BMP's) to collect and safely convey drainage to avoid adjacent and downstream property damage and impact to the Roaring Fork River. This report also identifies methods for maintenance, long-term stabilization and revegetation, a description of on-site water management practices, and a description of methods for management of construction (non stormwater) discharges. Description of Construction Activity There are no public improvements construction associated with the subdivision. The proposed improvements to the property include building a house on Lot 1 and a driveway to access the house. The construction will comply with County Guidelines to minimize erosion and excessive drainage. No changes are going to be made in Lot 2 and the historic drainage pattern will remain the same. Disturbance Area Estimate Lot 1 is approximately 9.1 acres. The area of the project site to undergo disturbance for the construction of the house and driveway is estimated at 0.3 acres. Lot 2 is approximately 150 acres. It is not anticipated that this lot will be disturbed. Estimate of Off -Site Drainage The off-site drainage was estimated using the Rational Method. The Rational Method was used to estimate the peak discharge for a 2 year and 25 year return period. This method was used to determine peak discharge from drainage basin runoff and was calculated using the following formula: Q=ciA Consulting Engineers and Hydrologists 909 Colorado Avenue • Glenwood Springs, CO 81 601 • (970] 945-6777 • Fax (970)945-1137 • • Mr. Doug Coffman Page 2 where Q = Peak discharge [cfs]; c = Rational Method runoff coefficient; i = Rainfall intensity [in/hr]; A = Drainage area jacrel. This method produces conservatively high peak flows, but is appropriate for the project since there is no significant grading or disturbance with the 159 acres. The off-site drainage area was delineated into 5 basins using GIS (Figure 1). The runoff coefficient (c) was determined by site characteristics. The characteristics of steep slope and undeveloped forest land were used in determining the runoff coefficient. The rainfall data for determining the 2 -year and 25 -year 1 -hr precipitation -frequency was from the NOAA Atlas 2 Precipitation -Frequency Atlas. The intensity for the 2 -year and 25 -year return period was calculated by first determining the intensity for the 2 -year and 100 -year return period using the following formulas: June 3, 2009 Y2 -0.01 + 0.942 * (X1 * (X11X2)) Y1Go = 0.494 + 0.755 * (X3* (X3/X4)) Y2 = 2 -yr 1 -hr estimated value Y100 = 100 -yr 1 -hr estimated value X1 = 2 -yr 6 -hr rainfall intensity X2 = 2 -yr 24 -hr rainfall intensity X3 = 100 -yr 6 -hr rainfall intensity X4 = 100 -yr 24 -hr rainfall intensity The 2 -year and 100 -year values were graphed in order to determine the 25 -year rain intensity. Intensity;Inlhr) 1.60 1.60 1.40 1.20 1.00 0.80 0.60 0.40 0.20 0.00 ui■■.ussussussiu iiuI■ .iu u■ ■iu1.u�rpINEMI u■I� Ni...I.I)11MiiuIU•U1• 1IU M•/siri■rlIMENEMI1 iI®Illlillllll Pnlid1111111111111111111111MIENSUM sissmii 1♦■Ill mssaissiso smsesslIBIBMININIIIIIMEMON W1l111.•1111M1111Iw•l11111 •lIII E 0 25 50 75 Return Period (Years) 100 125 The following values were used to calculate the peak discharge in the Rational Method calculation. C2 = 0.35 C25 = 0.45 i2 = 0.61 inihr i25 = 0.84 inihr .....RESOURCE N G 1 N E E R I N G 6 N C Mr. Doug Coffman June 3, 2009 • Page 3 • Drainage Area Area 2 Year Peak 25 Year Peak (Acres) (cfs) (cfs) 1 14.1 3.0 5.3 2 30.6 6.5 11.6 3 45.1 9.6 17.0 4 42.1 9.0 15.9 5 41.9 8.9 15.8 Vegetation Lot 1 mainly consists of deciduous forest land and Lot 2 consists of mainly pasture and grassland. The off-site drainage area is steep with dense forested area. Potential Pollution Sources Many chemicals typically associated with construction activities are considered potential pollutants. Careful handling, storage and application of these materials reduce the likelihood that these chemicals will contribute to pollution of the environment. Preventative practices are discussed in greater detail in the general drainage and erosion control specification provided in Appendix A. Receiving Waters The construction site generally slopes to the northwest towards the Roaring Fork River. Stormwater runoff from the project will enter the Roaring Fork River to the north or be conveyed down ditches to the Roaring Fork River. DRAINAGE PLAN Off-site drainage enters the property via culverts under County Road 100 as shown on the attached Figure 1. Water from Drainage Areas 2 through 5 flow onto Lot 2 and with the on-site drainage ultimately conveyed to the Roaring Fork River. Some of the water is intercepted by ditches and conveyed to adjacent properties. There will be no change to the existing drainage on Lot 2. Off-site Drainage Area 1 flows onto Lot 1 and then flows westerly onto Lot 2. The proposed driveway on Lot 1 will cross this drainage and a 24 -inch culvert will be required to convey the flow consistent with the historic pattern. The driveway will also cross the Banning Lateral and Slough Ditch. A 5 -foot diameter culvert, or equivalent arch pipe (preferred to do it lower profile that matches the ditch section), will be installed. Approval from the other owners in the ditch is being obtained for the ditch culvert. On-site drainage on Lot 1 generally flows in a northwesterly direction with no defined swales or flow channels. This historic drainage pattern will generally remain unchanged by the construction of a driveway and house. The driveway will require a small ditch on ....RESOURCE F N C N F F • Mr. Doug Coffman June 3, 2009 Page 4 the uphill (easterly) side and a 12 -inch culvert for cross drainage at the lowest spot, which will be down towards the house. The house will be located on a high spot and drainage will shed away form the house consistent with the historic pattern. The incremental increased runoff from the small impervious area on Lot 1 is small relative to the historic flow rates on the property and is directed to the river. The peak flow from Lot 1 will occur relatively quickly and will not coincide with the peak flow in the river due to snowmeltirainfall runoff in the river basin. Therefore, detention storage is not required for this project. EROSION AND SEDIMENTATION CONTROL PLAN BMPs utilized for stormwater pollution prevention include structural and non-structural BMPs for erosion and sediment control as well as material handling and spill prevention measures. Erosion and sediment control BMPs will be used to minimize the amount of soil transported to receiving waters from areas disturbed as a result of construction activities. BMPs may be classified as: • Temporary (operative during construction). • Permanent (continuing after construction). • Structural (straw bales, silt fences, swales, mulching, drainageways, etc.). • Non-structural (limiting disturbed areas, timing projects to avoid heavy precipitation, soil stabilization, maintaining buffer zones, good housekeeping, integration with stormwater runoff quantity/quality elements, vegetation cover re- established on disturbed areas that are otherwise unprotected, etc.). Four basic approaches are used for controlling erosion from stormwater runoff in construction areas: 1. Stages of construction that disturb surface soil are sequenced to minimize the amount of time during which soil is exposed to potential erosion conditions. 2. Temporary revegetation or surface roughening is used if construction areas must remain bare for periods of time long enough to pose a potential erosion threat. 3. BMPs are installed up gradient of significant surface disturbances to reduce the volume and velocity of runoff entering disturbed areas. 4. BMPs are installed down gradient of significant surface disturbances to reduce the volume, velocity and sediment load of runoff generated in disturbed areas as a result of precipitation events. Temporary structural BMPs are shown on attached drawings. Anticipated tasks include; 1. Temporary ditches. When areas are excavated and there is a possibility of erosion traveling from the excavated area into adjacent streams or properties, temporary diversion channels may be needed to prevent such impacts. RESOURCE I". 7E E u N G N • Mr. Doug Coffman June 3, 2009 Page 5 2. Hay Bales (Straw Bales and Wattles). This item includes installation of hay bale check dams in all temporary and permanent ditches (approximately every 100 feet) as well as additional hay bales for use in temporary dams, inlets and outlet structures. Hay bales, silt fences or straw logs (wattles) may also be used in areas along the edges of excavated zones. 3. Outlet Protection. Implemented directly below an outfall from a pipe, swale, or channel is provided with riprap. These structures reduce the velocity of concentrated stormwater flows and minimize erosion and sour. They are used for both temporary and permanent BMPs. Silt fence will be installed around the perimeter of the project and will remain until all disturbed areas are re -vegetated and stabilized. Straw bales will serve as a temporary sediment barrier and will be placed across or at the toe of slopes to intercept and detain sediment and decrease flow velocities from small drainage areas until construction is complete and disturbed areas are revegetated. Disturbance of existing vegetation and other sensitive areas, particularly in riparian areas along streams, will be protected during construction. If necessary, stormwater will also be diverted during construction via diversion ditches. Construction entrances will be stabilized. Typical details for straw bale barriers and silt fencing are also attached on Figures 2 and 3. General construction notes are provided on Figure 4 and general specifications for drainage and erosion control are provided in Appendix A. Final Stabilization and Long -Term Stormwater Management Final stabilization is reached when all soil -disturbing activities at the site have been completed, and landscaping, revegetation and permanent physical erosion control methods have been implemented. The project design calls for a fully restored site. The stormwater controls will limit off-site flows to historic levels. The completed project, combined with the formai restoration of the site will result in a permanent site configuration resistant to erosion activity. CERTIFICATION This drainage and erosion control report was prepared by Michael J. Erion, P.E., a Colorado Registered Professional Civil Engineer. The proposed design, constructed with close conformity with the plans and details, will not cause any damage beyond existing conditions to adjacent or downstream properties resulting from erosion or runoff originating from this property during construction and after completion. RESOURCE r. C, i r.. E E F r7-- Mr. Doug Coffman Page 6 Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Michael J. i'. , ' . E. Water Re • urces Engineer MJE/mmm 1211-1.0 IC\\Ctients\965 COFFMAN42.O Doug and JulielDrainage & Erosion Control Plan.doc Attachments CC: June 3, 2009 RESOURCE DINE* ra G I N E E F7 . N G ti C U 0) • • • 4 • • , • '• i • - tQ 0. r:1/4'L. • r, J ill r I 0 1 � r U r > 0 v N 0 -:i ••• • 1 • • rr 0 %1:0` �-4 gamma O 0 O 0 0 0 O O 0 1 in = 1,000 ft W 22N2 c) LL E N N CO CO . 30 Nf2d O LL O < Coffman Subdivision CONSTRUCTION NOTES FOR FABRICATED SILT FENCE 1. FILTER FABRIC TO BE FASTENED SECURELY TO POSTS WITH 71ES SPACED EVERY 24" AT TOP AND MID SECTION. 2. WHEN TWO SECTIONS OF FILTER FABRIC ADJOIN EACH OTHER THEY SHALL BE OVER- LAPPED BY SIX INCHES AND FOLDED. 3. MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL REMOVED WHEN "BULGES" DEVELOP IN THE SILT FENCE. 1O' MAX. C. TO C. POSTS: STEEL EITHER T OR U TYPE OR 2" HARDWOOD FILTER FABRIC: SHALL MEET CDOT REQUIREMENTS. 36" MIN. POSTS, DRIVEN MINIMUM 16" INTO GROUND d c\,014 PERSPECTIVE VIEW 36" MIN. POSTS FILTER FABRIC ATTACHED TO POST WOOD LATHE TO SECURE FABRIC TO POST r UNDISTURBED GROUND FLOW EMBED FILTER FABRIC__, -.1 MIN. B" INTO GROUND 24" MIN, SECTION STANDARD SYMBOL 16 MIN. Figure 2: Silt Fence Detail Coffman Subdivision Drainage & Erosion Control Plan NOT TO SCALE a�F: ay RESOURCE 1; 66 v+,! ENGINEERING, INC. 409 Col©rade Avenue Glen.pyd Springs, CO /16C1 197Q; 945 6717 Vuive 945 5137 F.C.fmik INSTALLATION NOTES: 1. BALES SHALL BE PLACED AT THE TOE OF A SLOPE OR ON THE CONTOUR AND IN A ROW WITH ENDS TIGHTLY ABUTTING THE ADJACENT BALES. 2. EACH BALE SHALL BE EMBEDDED IN THE SOIL A MINIMUM OF (4) INCHES, AND PLACED SO THE BINDINGS ARE HORIZONTAL. 3. BALES SHALL BE SECURELY ANCHORED IN PLACE BY EITHER TWO STAKES OR RE -BARS DRIVEN THROUGH THE BALE. THE FIRST STAKE IN EACH BALE SHALL BE DRIVEN TOWARD THE PREVIOUSLY LAID BALE AT AN ANGLE TO FORCE THE BALES TOGETHER. STAKES SHALL BE DRIVEN FLUSH WITH THE BALE. 4. INSPECTION SHALL BE FREQUENT AND REPAIR REPLACEMENT SHALL BE MADE PROMPTLY AS NEEDED. 5. BALES SHALL BE REMOVED WHEN THEY HAVE SERVED THEIR USEFULNESS 50 AS NOT TO BLOCK OR IMPEDE STORM FLOW OR DRAINAGE. 6. EROSION LOG(S) MAY BE SUBSTITUTED FOR STRAW BALES. STANDARD SYMBOL FLOW ANGLE FIRST STAKE TOWARD PREVIOUSLY LAID BALE REPAIR OR REPLACE BALES PROMPTLY AS NEEDED BOUND BALES PLACED ON CONTOUR 2 RE -BARS. PER STRAW BALI, OR 2"X2" STAKES 1 1/2' TO 2' IN THE GROUND, DRIVE STAKES FLUSH WITH BALES. ANCHORING DETAIL BEDDING DETAIL Figure 3: Straw Bale Filter Detail Coffman Subdivision Drainage & Erosion Control Pian Foe NOT TO SCALE "ru` RESOURCE rI rmwcl vPrnr ENGINEERING, INC. 909 0,00 40014 90.en.04 01e00400 Spernps. CO 81501 (970; 945 €777 Norco 945 1137 Fpfyemile GENERAL NOTES ANY MUD TRACKED OR DISPOSITION OF BUILDING MATERIALS OR DEBRIS UPON PUBLIC RIGHT-OF-WAY SHALL BE CLEANED OFF IMMEDIATELY. EVERY PRECAUTION SHALL BE TAKEN TO MINIMIZE THIS RISK. THE CONTRACTOR SHALL CONFINE HIS ACTIVITIES WITHIN THE ACTIVITY ENVELOPE. THE CONTRACTOR SHALL CLEAN UP ALL DEBRIS AND MATERIALS RESULTING FROM HS OPERATION AND RESTORE ALL SURFACES, STRUCTURES, DITCHES AND PROPERTY TO ITS ORIGINAL CONDITION. SEDIMENT AND EROSION CONTROL SITES UTILIZED BY THE CONTRACTOR FOR THE PURPOSE OF STORING EQUIPMENT, EXCESS EXCAVATED MATERIALS, STRIPPED TOPSOIL, ETC., SHALL BE ENVIRONMENTALLY SUITABLE FOR SUCH PURPOSE. ENVIRONMENTALLY SUITABLE SITES SHALL BE LEVEL, DEVOID OF MATURE STANDS OF TREES, AND ISOLATED FROM DRAINAGE FACILITIES AND FEATURES, WETLANDS, STREAMS, AND STREAM CORRIDORS. THE CLEANUP AND DISPOSAL OF EXCESS EXCAVATED MATERIALS SHALL BE DONE AS SOON AS PRACTICAL. STRAW BALES, SILT FENCES, OR OTHER FILTERING DEVICES SHALL BE MAINTAINED AT AREAS OF STOCKPILED MATERIALS, EXCAVATED AREAS, AND OTHER STORM WATER INLET STRUCTURES IN CONSTRUCTION AREAS TO CONTROL SILT RUNOFF. ALL DEWATERING FLOWS SHALL BE KEPT FREE OF SILT, SEDIMENTS, DEBRIS, AND OTHER POLLUTANTS THROUGH APPROPRIATE MEANS (SETTLING BASINS, FILTER, ETC.); FOLLOWING THIS, THE FLOWS SHALL ONLY BE RELEASED DIRECTLY INTO STORM SEWERS, STREAM CHANNELS, TO OTHER STABILIZED DRAINAGE COURSES AND NOT ONTO EXPOSED SOILS, STEEP SLOPES OR ANY OTHER SITE WHERE FLOWS COULD CAUSE FURTHER EROSION. ALL DISTURBED AREAS SHALL BE SEEDED AND MULCHED AS SPECIFIED IN THE REVEGETATION PLAN. PROHIBITED CONSTRUCTION ACTIVITIES PUMPING OF SEDIMENT -LADEN WATER FROM TRENCHES OR OTHER EXCAVATIONS INTO ANY SURFACE WATERS, ANY STREAM CORRIDORS, ANY WETLANDS, OR STORM SEWERS. DISCHARGING POLLUTANTS - SUCH AS CHEMICALS, FUELS, LUBRICANTS, BITUMINOUS MATERIALS, RAW SEWAGE - AND OTHER HARMFUL WASTE INTO OR ALONGSIDE RIVERS, STREAMS, IMPOUNDMENTS OR INTO NATURAL OR MAN-MADE CHANNELS LEADING THERETO. DISPOSING DE EXCESS OR UNSUITABLE EXCAVATED MATERIAL IN WETLANDS OR FLOOD PLAINS, EVEN WITH THE PERMISSION OF THE PROPERTY OWNER. INDISCRIMINATE, ARBITRARY, OR CAPRICIOUS OPERATION OF EQUIPMENT IN ANY STREAM CORRIDORS, WETLANDS SURFACE WATERS, OR OUTSIDE THE EASEMENT AREA, PERMANENT OR UNSPECIFIED ALTERATION OF THE FLOW LINE OF A STREAM. DISPOSAL OF TREES, BRUSH AND OTHER DEBRIS 1N ANY STREAM CORRIDORS, ANY WETLANDS, ANY SURFACE WATERS, OR AT UNSPECIFIED LOCATIONS. Figure 4: Notes Coffman Subdivision Drainage & Erosion Control Plan NOT TO SCALE tT RESOURCE .��E1 krb&c nun ENGINEERING. INC. nun 909 Cewrenc armor Ghn.ee9 Spnnga. CO 91601 �9 0; 940 6.777 Vakm 9-66 19 7 Focs�•', ., APPENDIX A GENERAL DRAINAGE & EROSION CONTROL SPECIFICATIONS Coffman Subdivision June 2009 General Drainage & Erosion Control Specifications GENERAL SPECIFICATION A TEMPORARY EROSION AND SEDIMENT CONTROL PART 1: GENERAL 1.1 SECTION INCLUDES This section covers furnishing all equipment, labor, and materials and performing all construction operations in connection with temporary measures for the control of erosion. sedimentation, and other pollutants during construction. Work includes installation of these temporary measures. maintenance of the measures during the contract period to ensure proper function, and removal of temporary measures in coordination with installation of permanent erosion control measures. 1.2 RELATED SECTIONS A. General Specification B — Pollution Control B. General Specification C — Protection of Water Quality and Wetlands 1.3 REFERENCES A. The latest issue of the publication or standard listed below for material or operations form a part of this specification. The publications are referred to in the text by the basic designation. In case of a conflict between the referenced publication or standard and this specification, the more stringent requirements, as determined by the Engineer, shall govern. B. "Colorado Department of Transportation Standard Plans," M&S Standards 1998. C. Urban Storm Drainage Criteria Manual," Vol. 3, "Best Management Practices" published by the Denver Regional Council of Governments. D. The standards and details to be used are presented in this reference. The Contractor may submit details, sketches. and descriptions of other soil erosion and sediment control measures proposed for use during construction (or modification to the practices specified in the subject manual). PART 2: PRODUCTS 2.1 GENERAL A. Erosion and sediment control methods that should be used, at a minimum, are described below. Coffman Subdivision June 2009 GS -1 General Drainage & Erosion Control Specifications 2.2 MATERIALS FOR USE WITH CHANNEL SLOPES AND OTHER DISTURBED AREAS A. Materials for use as temporary measures to control erosion of channel slopes and other disturbed areas include straw bales. silt fences. brush barriers, diversion dikes, sediment traps, water bars, and other stabilization materials. B. Silt fence fabric shall meet the following specification: Physical Pro i erties Requirement Grab Tensile, lbs. 95 (warp or length) 80 (fill or width) Grab Elongation, % 15 Mullen Burst, psi 250 Puncture, lbs 30 r Trapezoidal Tear, lbs 60 UV Resistance, % 80 (conditioned by ASTM -D-4355, % retained of minimum grab tensile after conditionin:) Width, fl 3 Hydraulic Properties Requirement Apparent Opening Size. U.S. Sieve No. 10/30 (warp/fill) Flow rate. gallminlft` 30 2.3 MATERIALS FOR USE WITH ACTIVE FLOWING STREAM OR DIVERSION A. Materials for use as temporary measures to stabilize the invert or toe of the slope zone of a live stream or diversion channel include concrete. riprap, plastic sheeting, synthetic erosion control matting, check dams, vegetation, or other functional material that will not adversely affect water quality. PART 3: EXECUTION 3.1 GENERAL A. Procedures for installation, maintenance, and removal of temporary erosion control methods shall generally conform to the guidelines contained in the "Colorado Department of Transportation Standard Plans," M&S Standards 1998 and "Urban Storm Drainage Criteria Manual," Vol. 3, "Best Management Practices" published by the Denver Regional Council of Governments. 3.2 CONSTRUCTION IN WATERWAYS A. Movement of construction equipment within the flowing portion of channels or waterways should be minimized. Fording of the stream should be avoided. Stream flow shall be isolated or diverted through the use of clear water diversions or some comparable method so construction equipment, materials. and earthwork are not exposed to flow. Coffman Subdivision June 2009 GS -2 General Drainage & Erosion Control Specifications 3.3 TEMPORARY EROSION CONTROLS DURING SITE WORK A. Sequencing and duration of Earthwork Activities The excavation and moving of soil materials shall be sequenced and completed expeditiously so that the smallest possible areas will be unprotected from erosion for the shortest time feasible. B. Diversion Diversion ditches will be constructed to route flows away from the site. Diversion ditches must be stabilized against erosion. C. Sediment Control. 1. Sediment traps, perimeter dikes, sediment barriers (such as straw bale barriers or silt fencing), and other measures intended to trap sediment on site must be constructed as a first step in grading and be made functional before upslope land disturbance takes place. Silt fences and straw bale filters should be used to trap sediment from areas of limited runoff. Sediment filters must be properly anchored to prevent erosion beneath them. Sediment traps shall be inspected and cleaned as necessary by the Contractor after each storm event in excess of 0.5 inches. 2. Silt fences shall be installed and maintained in accordance with the following: a. Silt fences shall be installed at the lower edge of all disturbed areas and every 150 feet up the slope within all disturbed areas where other BMPs have not been employed. b. Contractor shall inspect and repair fences after each storm event in excess of 0.5 inches or on at least a biweekly basis. Sediment shall be removed when one-half the height of the fence has been filled. Removed sediment shall be deposited in the common filI as designated by the Engineer. 3. Straw bale barriers are to be placed in accordance with the following: a. Straw bale barriers shall be installed as dikes to stabilize temporary channel flow tines. b. Straw bale barriers shall be placed so that the top of the downstream bale is above the ground elevation of the upstream bale in order to prevent cutting around bales. c. Contractor shall inspect and repair straw bale barriers after each storm event in excess of 0.5 inches or on at least a biweekly basis. Sediment shall be removed when one-half the height of the barrier has been filled. Removed sediment shall be deposited in an on- site area designated by the Engineer. Coffman Subdivision June 2009 GS -3 General Drainage & Erosion Control Specifications 4. Check dams are to be placed along ditches: a. Check dams shall be constructed of clean rock/gravel, straw bales, concrete. or other suitable material. b. Check dams shall be located al approximately 100 foot intervals and immediately upstream of a confluence. c. Contractor shalt inspect and repair check dams after each storm event in excess of 0.5 inches or on at least a biweekly basis. Sediment shall be removed when one-half the height of the barrier has been filled. Removed sediment shall be deposited in an on- site area designated by the Engineer. D. Soil Erosion 1. Disturbed areas will be roughened to minimize erosion. 2. Diversion dikes and ditches should be constructed at the top of long or steep slopes which have significant drainage areas above the slope. Diversions, terraces or benching may also be used to reduce slope length. Slope rounding should be used to reduce the erosion potential of cut slopes. Diversion ditches should transition into level spreaders beyond the perimeter of the disturbed areas. 3. Temporary seeding should be conducted to protect disturbed areas. 4. Mulching should be conducted to protect soil surfaces from erosion. E. Water Flow Concentrated stormwater should not be allowed to flow down cut or fill slopes unless contained within a stabilized temporary or permanent channel, flume, or slope drain structure. F. Sediment Deposition Roadways adjacent to the site shall be protected from sediment deposition. This may be accomplished by leaving a sod buffer strip around the lower perimeter of the land disturbance, by installing perimeter controls such as sediment barriers, filters or dikes, or by a combination of such measures. 3.4 DUST ABATEMENT A. During the performance of the work required by these specifications or of any operation appurtenant thereto. the Contractor shall furnish all the labor, equipment, materials. and means required, and shall cavy out proper and efficient measures whenever and as often as necessary to reduce the dust nuisance to persons and shall comply with and obtain permits required by federal, state, and local laws and regulations. The Contractor shall be liable for any damage resulting from dust originating from his operations under these specifications. Coffman Subdivision June 2009 GS -4 General Drainage & Erosion Control Specifications 3.5 ACCESS ROADS AND PARKING AREAS A. The Contractor shall construct temporary roads for access and parking areas during construction activities at locations approved by the Owner and/or as specified on the Drawings. B. The Contractor shall maintain safe access to areas of work for inspection and testing by the Owner or his employees or representatives of various regulatory agencies. C. The Contractor shall maintain haulage roads and parking areas and control fugitive dust emissions by grading, watering or chemical suppression agents approved by the Engineer and Owner. D. All such roads and parking areas shall be reclaimed in a manner acceptable to the Engineer at the close of the project. 3.6 DISPOSITION OF TEMPORARY MEASURES A. AH temporary erosion and sediment control measures shall be removed and disposed of as permanent measures are being installed. Both operations shall be coordinated to prevent erosion or other damage to the channel or finished grading. Trapped sediment or other disturbed soil areas shall be permanently stabilized to prevent further erosion and sedimentation. ++END OF SECTION++ Coffman Subdivision June 2009 GS -5 General Drainage & Erosion Control Specifications GENERAL SPECIFICATION B POLLUTION CONTROL PART 1: GENERAL 1.1 SECTION INCLUDES This section covers furnishing all equipment, labor, and materials and taking all measures necessary to prevent pollution of water in streams and wetlands. The Contractor is required to apply for and obtain required stormwater, grading, and erosion control permits. l .2 RELATED SECTIONS A. General Specification A — Temporary Erosion and Sediment Control. B. General Specification C -- Protection of Water Quality and Wetlands. 1.3 REFERENCES A. The latest issue of the publication or standard listed below for material or operations form a part of this Specification. The publications are referred to in the text by the basic designation. In case of a conflict between the referenced publication or standard and this Specification, the more stringent requirements, as determined by the Engineer shall govern. B. State of Colorado Department of Highways Standard Specifications for Road and Bridge Construction, Section 107.25 Water Quality Control. C. Colorado Department of Public Health and Environment (CDPHE) General Permit in Colorado for Stormwater Discharges Associated with Construction Activity. Colorado Discharge Permit Number CO R-03000. D. Colorado Air Quality Control Act, Title 25, Article 7. E. Federal Water Pollution Control Act (33 USC § 1251 et seq.). PART 2: PRODUCTS Not used. PART 3: EXECUTION 3.1 GENERAL A. The Contractor shall employ best management practices to prevent pollution by spills. Pollutants such as chemicals, fuels, lubricants. asphalt, raw sewage, concrete drum wash water, and other harmful wastes shall not be discharged into Coffman Subdivision June 2009 GS -6 General Drainage & Erosion Control Specifications or alongside any waters of the United States, but shall be disposed of in accordance with governing county, state, and federal regulations. B. Storage of pollutants shall not be allowed within 100 feet of a wetland or water body. C. Pollution prevention activities shall be coordinated with the Engineer. 3.2 SPILL PREVENTION A. Good Housekeeping 1. The quantity of materials stored on the project should be limited, as much as practical, to that quantity required to perform the work in an orderly sequence and should be stored in a neat, orderly manner in their original containers with original manufacturer's label. 2. Manufacturer's recommendations for proper use and disposal of materials shall be followed. AH disposal shall be according to all local, state, and federal regulations in a permitted landfill or permitted disposal facility. 3. The Contractor should inspect daily to ensure proper use and disposal of materials. 13. Hazardous Products 1. Hazardous products shall be kept in original containers with their original labels unless they are not re -sealable or are damaged. 2. Material safety data sheets shall be retained on site and shall be available to alI personnel at all times. 3. If surplus products must be disposed of, manufacturer's recommendations and local, state, and federal regulations shall be followed. C. Product Specific Practices The Contractor shall limit the amount of petroleum products and other chemicals in work areas adjacent to wetlands, water bodies, and other sensitive areas. The following product -specific practices shall be followed on site: Petroleum .Products. All on-site vehicles shall be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. Petroleum products shall be stored in tightly sealed containers that are clearly labeled. Construction of berms with HDPE liners, or other similar measures, will be required for storage/refueling areas as a best management practice to contain spills. Coffman Subdivision June 2009 GS -7 General Drainage & Erosion Control Specifications 2. Fertilizers. Fertilizers shall be applied only in the manner and amounts required by the Specifications. Material shall be stored in a covered area and shall not be exposed to precipitation. Partially used bags shall not be discarded, but removed and disposed of properly. No storage of these materials shall be allowed within a wetland or floodplain. 3. Paints and Solvents. All containers shall be tightly sealed and stored when not required for use. Excess material and waste shall not be discharged but shall be properly disposed of according to manufacturers' instructions and/or state and federal regulations. No storage of these materials shall be allowed within a wetland or floodplain. 4. Concrete Trucks. Concrete trucks shall be allowed to discharge surplus concrete or drum wash water on site only in areas designated by the Engineer. Discharge areas shall not be in or where the discharge can be washed into wetlands or water bodies. 5. Concrete Curing Agents. Concrete curing agents shall be applied only in a mariner and amount required by the Specifications. Excess material shall not be allowed to run off the area being treated. D. Waste Storage The Contractor shall provide watertight tanks or barrels or construct an HDPE- lined sump to provide temporary containment of chemical pollutants such as drained lubrication or transmission oils, grease, soaps, concrete mixer wash water, asphalt, etc., produced as by-product of the construction work. At the completion of the construction work, sumps shall be voided without causing pollution. E. Sanitary Facilities The Contractor shall provide necessary sanitary facilities. These shall not be placed adjacent to live streams, wells, or springs. They shall be located at a distance sufficient to prevent contamination of any water sources. At the completion of construction work, facilities shall be removed by the Contractor without causing pollution. Coffman Subdivision June 2009 GS -8 General Drainage & Erosion Control Specifications 3.3 SPILL REPORTING AND CLEANUP PRACTICES A. All spills shall be reported as required under state and federal laws. B. The practices below shall be followed: 1. All spills shall be cleaned up immediately after discovery or contained until appropriate cleanup methods can be employed. 2. The spill area shall be contained and personnel shall wear appropriate protective clothing to prevent injury from contact with a hazardous substance. 3. Manufacturer's recommendations for spill cleanup shall be followed along with proper disposal methods in accordance with local, state, and federal regulations referred to previously. 4. Petroleum spills shall be remediated to a minimum standard of 100 parts per million (ppm) total petroleum hydrocarbons (TPH) in soil. C. Where a release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR § 110. 117, or 302, occurs during a 24-hour period. the following action shall be taken by the Contractor. 1. Immediate notification of Engineer. A report shall be submitted to the Colorado Department of Labor Oil Inspection Section and Colorado Department of Public Health and Environment within 24 hours of the knowledge of the release. The report shall include a written description of the release (including the type and estimate of the amount of material released); the date that such a release occurred; the circumstances leading to the release; and the corrective actions taken. 3.4 CONTRACTOR NEGLIGENCE A. In the event that pollutant spills occur which are the result of the Contractor's actions or negligence, the clean-up shall be performed by the Contractor at no cost to the Owner. ++END OF SECTION++ Coffman Subdivision June 2009 GS -9 General Drainage & Erosion Control Specifications GENERAL SPECIFICATION C PROTECTION OF WATER QUALITY AND WETLANDS PART 1: GENERAL 1.1 SECTION INCLUDES A. This section covers furnishing all equipment, labor and materials and taking all measures necessary to prohibit the degradation of water quality and wetlands. The purpose is to limit, control and contain fill materials. soil erosion, sedimentation and harmful wastewater resulting from construction operations that could harm wetlands and waters of the United States. 1.2 RELATED SECTIONS A. General Specification A — Temporary Erosion and Sediment Control B. General Specification B — Pollution Control 1.3 REFERENCES A. The latest issue of the publication or standard listed below for materia] or operations form a part of this Specification. The publications are referred to in the text by the basic designation. In case of a conflict between the referenced publication or standard and this Specification, the more stringent requirements, as determined by the Engineer, shall govern. B. Federal Water Pollution Control Act (33 USC § 125] et seq.). C. Filling or dredging of wetlands or stream channel areas is not allowed. All other activities within wetlands or stream channel are prohibited. 1.4 SUBMITTALS A. Protection of water quality and wetlands shall be addressed on the Drawings and General Specifications A and B. PART 2: PRODUCTS Not used. PART 3: EXECUTION 3.1 STANDARD CONDITIONS A. General The following conditions are required on all projects for the protection of water quality and wetlands: Coffman Subdivision June 2009 GS -10 General Drainage & Erosion Control Specifications 1. Compliance with ail conditions of all permits. 2. To the maximum extent practicable. discharges of dredged or fill material into waters of the United States shall be avoided or minimized through the use of other practicable alternatives. 3. No activity shall substantially interrupt the movement of the species of aquatic life native to the water body, including those species which normally migrate through the area. 4. No storage of petroleum, other chemical products, waste materials, trash, etc. shall be allowed within 100 feet of a wetland or water body boundary or elevation as shown on the plans. The Owner reserves the right to limit the storage of any material within the floodplain of a stream to preclude the possibility of an unlawful discharge to the stream. 5. Unless specified in the Drawings, material or debris resulting from Contractor operations entering a waterway is considered an unpermitted fill material and the Engineer determine whether it may remain. If it is determined that the material is to be removed from the waterway, the Owner will approve the Contractor's method of removal. Options for removal should consider the minimization of turbidity as a primary objective. 6. Temporary bridges or other structures shall be used whenever it is necessary to ford any body of water on the project more than twice in any six -month period. 7 Equipment shall not be operated in any body of water on the project except when required to construct channel changes or structures. 8. Cofferdams needed for work in water shall be constructed from non - erodible materials. B. Wetland Areas Wetland areas shall be preserved and protected. Work in or near wetlands shall be performed in a manner that will prevent harm to the wetlands. The Contractor shall be responsible for the protection of adjacent wetlands. 1. Clearing of wetlands shall not be allowed unless shown on the drawings or approved in writing by the Owner. 2. Wetland areas inside or outside the construction limits will not be used for storage, parking, access, borrow material, haul roads, diversion dikes or any other construction support activity unless specifically approved in advance by the Owner and according to an applicable Section 404 permit. Coffman Subdivision lune 2009 GS -11 General Drainage & Erosion Control Specifications • 3. Material shall not be wasted or temporarily stockpiled in wetlands. • • 4, Prior to construction, notify Engineer to have wetland areas flagged and staked with lathe. Temporary Fill 1, Unless otherwise provided. temporary structures such as work ramps, haul roads, or diversion dikes when permitted, shall provide sufficient waterway openings to allow the passage of expected high flows during the time the temporary structure is in place. 2. Temporary structures, if washed downstream, are considered to be unauthorized fill and the Engineer shall determine whether it may remain. If it is determined that the material is to be removed from the waterway, the Engineer will approve the Contractor's method of removal. When considering options for removal, the Contractor shall consider the minimization of turbidity as a primary objective. Replacement of washed fill may require a Section 404 permit. 3. All temporary fi11 placed within the channel banks of a stream, within 10 feet of the channel banks of a perennial stream, and within 25 feet of the channel banks of a 5 cfs or larger stream, shall be constructed using riprap. This includes channelized streams and relief channels. A minimal amount of clean stone or gravel may be placed on top of the temporary fill in order to obtain a smooth working surface. The clean stone or gravel utilized shall have less than twelve percent passing the 0.075 mm (4200) sieve. 4. All fill material shall be free from toxic pollutants in harmful amounts. 5. All temporary fills must be removed and the affected areas returned to their preexisting elevation. 6. All temporary fill in any body of water or wetland shall be properly contained or stabilized to minimize erosion and degradation of water quality. D. Impacted Wetland Areas: identified wetland areas that are to be temporarily impacted shall be stripped of vegetation and wetland soils removed and stockpiled for later replacement at the end of the project. Grassland areas where topsoil is encountered are to be stripped and stockpiled separately from wetland soils. E. Erosion and Sediment Control See General Specification A. Coffman Subdivision Tune 2009 GS -12 General Drainage & Erosion Control Specifications • • POLLUTANTS A. See General Specification B. 3.3 CONTRACTOR NEGLIGENCE A. If the Contractor violates the requirements of any Federal. State or local permit or any other requirement of these Specifications and fails to properly maintain, install and/or construct erosion and sedimentation control items. the Owner may withhold contractor payments, suspend the project or take other appropriate measures. Any fines, penalties, time delays or other consequences of failure to comply with these permits shall be the sole responsibility of the Contractor. Coffman Subdivision June 2009 -H-END OF SECTION++ GS -13 General Drainage & Erosion Control Specifications • GENERAL SPECIFICATION D PRESERVATION, RESTORATION, AND CLEAN UP PART 1: GENERAL 1.] SITE RESTORATION AND CLEAN UP A. At all times during the work, keep the premises clean and orderly and, upon completion of the work, repair all damage caused by equipment and leave the project free of rubbish or excess materials of any kind. B. Stockpile excavated materials in a manner that will cause the least damage to adjacent lawns, grassed areas, gardens. shrubbery, or fences regardless of whether these are on private property or on city, state, or county rights-of-way. Remove all excavated materials from grassed and planted areas, and leave these surfaces in a condition equivalent to their original condition. C. All existing drainage ditches and culverts shall be reopened and graded and natural drainage restored. Restore culverts broken or damaged to their original condition and location. D. All street and traffic signs disturbed by the construction activity shall be reset (or replaced if damaged) in their original location, or location directed by the Owner. E. Upon completion of pipe laying and backfilling operations, hand rake and drag all former grassed and planted areas, leaving all disturbed areas free from rocks. gravel, clay, or any other foreign material. The finished surface shall be free draining and free from holes, ruts, rough spots, or other surface features detrimental to a seeded area. 1.2 FINISHING OF SITE BORROW, AND STORAGE AREAS Upon completion of the project, all areas used by the Contractor shall be properly cleared of all temporary structures, rubbish, and waste materials and properly graded to drain and blend in with the abutting property. Areas used for the deposit of acceptable waste materials shall be finished to properly drain and blend with the surrounding terrain. PART 2: PRODUCTS Not used. PART 3: EXECUTION Not used. AH -END OF SECTION+ f Coffinan Subdivision June 2009 GS -l4 General Drainage & Erosion Control Specifications • ":"RESOURCE griifFfi. INS R PEN G 1 N E E R IN G General I N C Section 7-207 Stormwater Run -Off Coffman Subdivision Preliminary Plan June 2, 2009 Revised 7/28/09 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement. Applicability This section is not applicable to the Coffman Subdivision since there will be no development within 100 feet of the Roaring Fork River and the development on Lot 1 will create less than 10,000 square feet of impery s area. Consulting Engineers end Hydrologists 909 Colorado Avenue Glenwood Springs, CO 81 601 [970] 945-6777 Fax (9701945-11 37 1141►..-RESDURCE anti! anti! E■INIEt IIWRIIENGINEERING I N C. Section 7-208 Air Quality Coffman Subdivision Preliminary Plan General June 2, 2009 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement. Air Quality The proposed development of one lot within a 159.1 acre area will not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. The property is subject to a can ervation easement which restricts the use of wood burning devices. ,- , Vi e; a dG 28739 ze 0 Consulting Engineers and Hydrologists 909 Colorado Avenue Glenwood Springs, C0 81 EO1 (970) 945-8777 Fax [9701945-1'137 HH. RESOUR E rr'l E IENGINEENG I N C. Section 7-212 Reclamation Coffman Subdivision Preliminary Plan General June 2, 2009 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement. A. Applicability Reclamation within the Coffman Subdivision will be applicable to construction of the driveway and the ISDS system on Lot 1. B. Reclamation of Disturbed Areas 1. Contouring and Revegetation Abrupt angular transitions and linear placement on visible slopes shall be avoided. Areas disturbed by grading shall be contoured so they can be re -vegetated, and shall be planted and shall have vegetation established and growing based on 70% coverage as compared with the original on-site vegetation within two (2) growing seasons, using species with a diversity of native and/or desirable non-native vegetation capable of supporting the post - disturbance land use. 2. Existing Vegetation The existing vegetation within the vicinity of the project site includes, native grasses, sage brush, rabbit brush, oak brush, service berry, cottonwood, and spruce. 3. Disturbance Disturbance to vegetation will be minimized since the driveway will follow the existing ground with minimal cut and fill areas. Likewise, the 1SDS system will follow the existing ground contour. There will be no disturbance to wetlands or waters of the U.S. and no Section 404 permitting requirements with the U.S. Army Corps of Engineers. Consulting Engineers and Hydrologists 909 Colorado Avenue Glenwood Springs, Co 81 601 (970) 945-6777 Fax (970194S-11 37 4. Revegetation All disturbed area will be revegetated with a native grass seed mix. The ground will be prepared for seeding by replacing the topsoil (stockpiled during construction) and raking the surface. The seed will be broadcast in perpendicular directions at a rate of one pound per 1000 square feet. The surface will be raked after seeding. Weed free mulch will be applied at a rate of 2 tons per acre (1 Ib. per 10 Square feet) to protect the seed from wind and water erosion and to conserve moisture. The proposed seed mix includes: Slender Wheatgrass Mountain Brame Western Wheatgrass Secar Bluebunch Idaho Fescue Green Needlegrass Thickspike Wheatgrass Indian Ricegrass Elymus trachycaulis 25% Bromus marginatus 20% Pascopyrum smithi 20% Pseudoregneria spicata 20% Festuca idahoensis 5% Stipa viridula 3% Elymus lanceolatus Achnatherum hymenoides 2% 5% All seed must be certified weed free. No seed can contain any species on the Garfield County or State of Colorado noxious weed lists nor can it contain Reed Canary Grass (Phalaris arundinacea). Purity tags must be submitted to the County Vegetation Manager prior to installation. 5. Retaining Walls. Retaining walls made of wood, stone, vegetation or other materials that blend with the natural landscape shall be used to reduce the steepness of cut slopes and to provide planting pockets conducive to revegetation. 6. Slash Around Homes. To avoid insects, diseases and wildfire hazards all vegetative residue, slushiness, branches, limbs, stumps, roots, or other such flammable lot -clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. 7. Removal of Debris. Within six months of substantial completion of soil disturbance all brush, stumps and other debris shall be removed from the site, 8. Time Line Plan. All disturbed areas shall be reclaimed upon completion of the work. Reclamation shall be completed + 't,' growing seasons after the project creating disturbance is complete. RESOURCE RESOURCE ENGINEERING I N C. Section 7-701 Floodplain Overlay District Coffman Subdivision Preliminary Plan General June 2, 2009 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9.1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement. The 100 -year floodplain covers a majority of Lot 1 and a portion of Lot 2 as shown on the attached Figure 1. As shown on Figure 2 most of Lot 1 is outside of the Floodway and suitable for development. The building envelope required by the Conservation Easement is located outside of the Floodway and encompasses the higher ground areas, most of which is outside of the 100 -year floodplain. Floodplain Standards A. Water Supply The well casing is required by State statute to be a minimum of one foot above the ground surface and must have a watertight cap. The top of the well casing will be adjusted if necessary to provide a minimum of one foot above the 100 -year flood elevation. B. Sanitary Sewer The ISDS system on Lot 1 should be designed by a Registered Professional Engineer. All surface exposure facilities will be located at least one foot above the 100 year flood elevation or otherwise be watertight. The septic tank may require design to prevent buoyancy during a flood event. The Ieachfield may require special design to prevent surface flooding by elevating the area, creating a berm, or other design measures. C. Structures All structures on Lot 1 will be located outside of the floodplain and/or will have the lowest finished floor elevated to at least one foot above the 100 year flood elevation. As shown on Figure 2, the lowest finished floor would need to be a maximum of 2 feet above the existing ground. A floodplain development permit will likely be required for the building permit. Consulting Engineers and Hydrologists 90S Colorado Avenue G'ienwcod Springs, CO ei 601 (970) 945-6777 Fax (970194B-1137 • • D. Cumulative Effect AH development on Lot 1 will be outside of the Floodway. The Floodway line was defined by FEMA as the point to which fill could be placed in the floodplain with a cumulative effect of no more than one foot of rise in the base flood elevation at any location along the river. Therefore, development on Lot 1 will have a cumulative effect, when combined with all other existing and future development, which will not raise the base flood elevation more than one foot at any location on the river. E. No Danger to the Public The proposed development on Lot 1 will not cause danger to persons upstream, downstream or in the immediate vicinity. F. No Change in Flood Carrying Capacity The proposed development will have no change in the flood carrying capacity of the Roaring Fork River. G. General Standards All general standards for development within the floodplain will be met as described in paragraphs A though D above. H. Specific Standards The specific standards for residential construction and enclosures will be met as described above. I. Subdivision Standards There are no public improvements proposed for the project and a Development Permit will apply for the site specific development of Lot 1. Appropriate permitting will be obtained at that time. The floodplain boundary, floodway boundary, and base flood elevations necessary to guide development on Lot 1 are shown on the attached Figure 2. J. Floodway The proposed development on Lot 1 will be located outside of the Floodway. A 2 -acre building envelope was created for L 1� nd is depicted on Figure 2. 2873 RESOURCE Property Boundary Legend Floodway Boundary Flood Plain Contours Building Envelope 100 Year Flood Boundary per FEMA I 500 Year Flood Boundary per FEMA Figure 2: Flood Plain Map For Lot3. Coffman Subdivision Date: 6/03/2009 File: 965-2.0 Drawn by: RKM Approved by: MJE 0 50 100 150 200 1 in = 100 ft ft ..----- ---,,----- -7-77 ENGINEERING,INC 909 Colorado Avenue Glenwood Springs. co fristyi (970) 945-6777 Voice 070) 945-117 Facsimile Legend 100 Year Flood Boundary per FEMA 500 Year Flood Boundary per FEMA Figure 1: Flood Plain Map Coffman Subdivision Date: 6/03/2009 File: 965-2.0 Drawn by: RKM Approved by: MJE N 0 400 800 1 in 800 ft 1,200 1,600 ft -_' RESOURCE ENGINEERING,INC 909 Colorado Avenue Glenwood Springs,CO 81501 (970) 945.6777 Voice (970) 945.1137 Facsimile • Metcalf Archaeolo ical Consultants, Inc. 18 May 2009 Doug Coffman 1164 County Road 113 Carbondale, CO 81623 CC: Fred Jarman. Garfield County, Building & Planning 108 8th Street Suite 401 Glenwood Springs, CO 81601 RE: Letter Report of Findings—Class 1 Cultural Resources Study for the Proposed Coffman Subdivision, Garfield County, Colorado. Dear Mr, Coffman, This letter report of findings serves as documentation for the completion of a Class 1 Cultural Resources Study of the ca. 150 -acre Coffman parcel, Garfield County, Colorado. Roughly 10 -acres of this 150 -acre parcel are slated for development. However, cultural resource files for the entire 150 -acre parcel were reviewed for this study. Garfield County requires that known cultural resources be identified prior to the development of private property. The proposed project area is located adjacent to the north edge of Highway 133 and extends north to the Roaring Fork River, approximately 1 -mile east of the town of Carbondale. Specifically, the area slated for development is situated in the west edge of Section 31, Township 7 South, Range 87 West. The remaining 140 acres encompasses much of the southern 1/2 of Section 36 and extends north into the southeast 1/4 of the northwest =/4 of Section 36 of Township 7 South, Range 88 West. The file search was conducted on May 12, 2009 by reviewing the Colorado Office of Archaeology and Historic Preservation's Compass database. A search of Section 31, Township 7 South, Range 87 West and Section 36, Township 7 South, Range 88 West indicated that no known prehistoric or historic cultural resources are situated within or adjacent to the proposed project area. Additionally, (970) 328-6244 Fax: (970) 328-5623 P.O. Box 899 Eagle, CO 81631 www.metcalfarchaeology.com • historic General Land Office Plat maps (1885) were examined. Should cultural resources be unearthed during ground -disturbing activities. a qualified archaeologist should be notified. Please do not hesitate to contact me with questions or concerns at (970) 328-6244 [office] or (970) 471-4929. Thank you for contacting us to assist you in your project. Yours Truly, Kim Kintz, M.A., RPA Project Supervisor • May 16 09 06:45p May I4, 2009 Doug Coffman 1164 County Road 113 Carbondale, Colorado 81623 Job No. 109 124A Subject: Geologic Hazard Review, Proposed Residence, Parcel Al, Coffman Ranch, Between 2341 and 2375 County Road 100, Garfield County, Colorado Dear Mr. Coffman: As requested, a representative of Hepworth-Pawlak Geotechnical; Inc_ observed the subject site on May 1, 2009 to evaluate the impact of geologic hazards on the proposed construction. The findings of our review and recommendations for preliminary foundation design are presented in this report. The services were performed in accordance with our agreement for professional engineering services to you, dated May 4, 2009. SITE CONDITIONS The subject site is a 9.127 acre parcel located mostly south of the Roaring Fork River and north of 100 Road. The site is undeveloped and consists of relatively flat, gently rolling terrain. We understand the proposed building area is on the slightly higher ground near the middle of the property. The parcel is vegetated with brush and trees including some Targe cottonwood and conifer trees. The Roaring Fork River crosses the northeast corner of the property. Existing houses are located on adjoining parcels to the east and west. REGIONAL GEOLOGIC SETTING The project site is in the Southern Rocky Mountains to the west ofthe Rio Grande rift and to the east of the Colorado Plateau. The site is in the western Coloradoevaporite region and is in the Carbondale collapse center. The Carbondale collapse center is the western of two regional evaporite collapse centers in western Colorado. It is an irregular-shaped, northwest trending region between the White River uplift and Piceance basin. It covers about 460 square miles. As much as 4,000 feet of regional subsidence is believed to have occurred during the past 10 million years in the vicinity of Carbondale as a result of dissolution and flowage of evaporite from beneath the regions (Kirkham and Others, 2002). The evaporite is mostly in the Eagle Valley Evaporite with some in the Eagle Valley Formation. The Eagle Valley Evaporite is the near surface formation rock below the surficial soil deposits at the project site. It crops out on the steep valley side to the south ofthe site. Much of the evaporite related subsidence in the Carbondale collapse t1a 15 09 06:45p Doug Coffman May 14, 2009 Page 2 center appears to have occurred within the past 3 million years which also corresponds to high incision rates along the Roaring Fork. Colorado and Eagle Rivers (ICunk and Others, 2002). This indicates that long-term subsidence rates have been very slow, between about 0.5 and 1.6 inches per 100 years. It is uncertain if regional evaporite subsidence is still occurring or if it is currently inactive, If still active, these regional deformations because of their very slow rates should not have a significant impact on the proposed development al this site. Geologically young faults related to evaporite tectonics are present in the Carbondale collapse center but considering the nature of evaporite tectonics; these faults are not considered capable of generating large earthquakes. The closest geologically young faults that are less than about 15,000 years old and considered capable of generating large earthquakes are located in the Rio Grande rift to the east ofthe project site. The northern section ofthe Williams Fork Mountains fault zone Q50 is located about 60 miles to the northeast and the southern section of the Sawatch fault zone Q56b is located about 60 miles to the southeast. At these distances large earthquakes on these two geologically young fault zones should not produce strong ground shaking at the project site that is greater than the ground shaking shown on the U. S. Geological Survey 2002 National Seismic Hazards Maps (Frankel and Others, 2002). PROJECT SITE GEOLOGY The geology in the project area is based on our field observations and is a modification of the regional geology map by Kirkham and Widmann (1997). Near surface formation rock is the middle PennsyIvanian-age, Eagle Valley Evaporite. This regional rock formation was deposited in the central Colorado trough during the Ancestral Rocky Mountain orogeny about 300 million years ago. At the project site the evaporite is covered by Roaring Fork River terrace and deposits that are associated with cyclic periods of deposition and erosion related to glacial and interglacial climatic fluctuations during about the past 35 thousand years. River Terrace Deposit: The site is underlain by Quartenary age Roaring Fork River alluvium which may extend to depths of 40 to 50 feet below the terrace surfaces. The alluvium is typically dense, well graded sandy gravel with cobbles and boulders. Eagle Valley Evaporite: The Eagle Valley Evaporite underlies the Roaring Fork River alluvium in the project area. The Eagle Valley Evaporite is a sequence of evaporite rocks consisting of massive to laminated gypsum, anhydrite, and halite interbedded with light- colored mudstone, fine-grained sandstone, thin limestone and dolomite beds and black shale (Kirkham and Widmann, 1997). The evaporite minerals are relatively soluble in circulating ground water and subsurface solution voids and related surface sinkholes are locally present in these rocks throughout the western Colorado evaporite region where the evaporite is near the surface. Sinkholes were not observed at the project site during our field review. Several sinkholes have been mapped about 2,000 feet north of this site Job No. 109 124A G 71 -&tech May 16 09 OG:45p Doug Coffman May 14, 2009 Page 3 (White, 2002). These sinkholes appear similar to others associated with the Eagle Valley Evaporite in areas of the Roaring Fork River valley. GEOLOGIC SITE ASSESSMENT Geologic conditions that could present an unusually high risk to the proposed development were not identified by this study but there are geologic conditions that should be considered in the project planning and design. These conditions, their potential risks and possible mitigations to reduce the risks are discussed below. Geotechnical engineering design considerations are presented in the Preliminary Design Recommendations section of this report. River Flooding: The low lying terraces along the Roaring Fork River may be subject to periodic flooding during high river flows. The civil engineer for the project should evaluate the potential for river flooding and possible methods to protect project facilities from an appropriate design flood on the river. Sinkholes: Geologically young sinkholes are present in the western Colorado evaporite region mostly in areas where the Eagle Valley Formation and Eagle Valley Evaporite are shallow. In this region a few sinkholes have collapsed at the ground surface with little or no warning during historic times. This indicates that infrequent sinkhole formation is still an active geologic process in the region. Earthquake Considerations: Historic earthquakes within 150 miles of the project site have typically been moderately strong with magnitudes of M 5.5 and less and maximum Modified Mercalli Intensities of VI and less. The largest historic earthquake in the project region occurred in 1882. It was located in the northern Front Range about 115 miles to the northeast of the project site and had an estimated magnitude of about M 6.2 and a maximum intensity of VII. Historic ground shaking at the project site associated with the 1882 and the other larger historic earthquakes in the region does not appear to have exceeded Modified Mercalli Intensity VI (Kirkham and Rogers, 1985). Modified Mercalli Intensity VI ground shaking should be expected during a reasonable exposure time for the house and other project facilities, but the probability of stronger ground shaking is low. Intensity VI ground shaking is felt by most people and causes general alarm, but results in negligible damage to structures of good design and construction. The house and other facilities subject to earthquake damage should be designed to withstand moderately strong ground shaking with little or no damage and not to collapse under stronger ground shaking. For firm rock sites with shear wave velocities of 2,500 fps in the upper 100 feet, the U. S. Geological Survey 2002 National Seismic Hazard Maps indicate that a peak ground acceleration of0.06g has a 10% exceedence probability for a 50 year exposure time and a peak ground acceleration of 0.23g has a 2% exceedence probability for a 50 year exposure time at the project site (Frankel and Others, 2002). This con-esponds to a statistical recurrence time of about 500 years and 2,500 years, ,lob No. 109 124A GeSteth May 16 09 0E:48p • • Doug CofTinan May 14, 2009 Page 4 p.� respectively, The soil profile at the building site should be considered as Site Class C, as described in the 2006 International Building Code unless site specific shear wave velocity studies show otherwise. RADIATION POTENTIAL Regional studies by the Colorado Geological Survey indicate that the closest radioactive mineral occurrences to the project site are greater that twenty miles from the site (Nelson -Moore and Others. 1978). Radioactive mineral occurrences are present in the Aspen-Lenado mining district to the southeast and on the southwest flank of the White River uplift to the northwest. Regional studies by the U. S. Geological Survey (Dubiel, 1993) for the U. S. Environmental Protection Agency (EPA) indicate that the project site is in a moderate radon gas potential zone. The 1993 EPA regional radon study considered data from (1) indoor radon surveys; (2) aerial radioactivity surveys, (3) the general geology, (4) soil permeability estimates, and (5) regional architectural practices. It is not possible to accurately assess future radon concentrations in buildings before they are constructed. Accurate tests of radon concentrations can only be made when the buildings have been completed. Because of this, new buildings in moderate to high radon areas are often designed with provisions for ventilation of the lower enclosed areas should post construction testing show unacceptable radon concentrations. PRELIMINARY DESIGN RECOMMENDATIONS The conclusions and recommendations presented below are based on the proposed development and our experience in the area. The recommendations are suitable for planning and preliminary design but a site specific study should be conducted for the residence. Foundations: Based on the nature ofthe proposed construction. spread footings bearing on the natural granular soils should be suitable at the building site. We expect the footings can be sized for an allowable bearing pressure in the range of 1,500 psfto 3,000 psf. Compressible silts and sands encountered in building areas may need to be removed or the footings designed accordingly as part ofthe site specific lot study. Nested boulders and loose matrix soils may need treatment such as enlarging footings or placing compacted structural fill. Foundation walls should be designed to span local anomalies and to resist lateral earth loadings when acting as retaining structures. The footings should have a minimum depth of 36 inches for frost protection. Below Grade Construction: It has been our experience in the area that the water level can rise and local perched groundwater can develop during limes of seasonal runoff and heavy irrigation. We recommend that slab -on -grade floors be placed near to above existing grade and crawlspaces and basements should be avoided. Job No. 109 124A tech 16 09 06:48p Doug Coffman May 14, 2009 Page 5 p.6 Floor Slabs: Slab -on -grade construction should be feasible for bearing on the natural granular soils below the topsoil and on compacted structural fill. There could be some post construction slab settlement for slabs over compressible silts and sands. To reduce the effects of some differential movement, floor slabs should be separated from al] bearing walls and columns with expansion joints. Floor slab control joints should be used to reduce damage due to shrinkage cracking. A minimum 4 inch thick layer of free - draining gravel should underlie building slabs to break capillary water rise and facilitate drainage. Surface Drainage: The grading should consider runoff through the site. Water should not be allowed to pond next to the house. To limit infiltration into the bearing soils next to the house, exterior backfill should be well compacted and have a positive slope away from the building for a distance of at least 10 feet. Roof downspouts and drains should discharge well beyond the limits of all backfill. The conclusions and recommendations submitted in this letter are based on review of the site conditions and our experience in the area. Variations in the subsurface conditions below the site could increase the risk of foundation movement. We should be advised of any variations encountered in the excavation conditions for possible changes to recommendations contained in this letter. Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC. then a professional in this special field of practice should be consulted. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH — PAWLAK GEOTCHNICAL, INC. �ysl4lfiq«!k tr.04, 4pn 4r- r� yy7[Yp ! fry ▪ C � Daniel E. Hardin, ltE.▪ c 24443 Rev. by:SLP C ,. eo. ? •�Fy�R r._ ti DEH/ksw .fob No. 109 124A GVEtech h1a 16 09 06:46p p.7 Doug Coffinan May 14, 2009 Page 6 REFERENCES Dubiel, R. F., 1993, Preliminary Geologic Radon Potential Assessment of Colorado in Geologic Radon Potential EPA Region 8. Colorado, Montana, North Dakota, South Dakota. Utah and Wyoming: U. S. Geological Survey Open File Report 93- 292-H, Frankel, A. D. and Others, 2002, Documentation for the 2002 Update of the National Seismic Hazard Maps: U. S. Geological Survey Open File Report 02-420. Kirkham, R. M. and Rogers, W. P., 1985, Colorado Earthquake Data and Interpretations 1867 to 1985: Colorado Geological Survey Bulletin 46. Kirkham, R. M. and Widmann, B. L., 1997, Geology Map of the Carbondale Quadrangle, Garfield County, Colorado: Colorado Geological Survey Open File 97-3. Kirkham, R. M. and Scott, R. B., 2002, Introduction to Late Cenozoic Evaporite tectonisnn and Volcanism in West -Central, Colorado, irj Kirkham R. M., Scott, R. B. and Judkins, T. W. eds., Late Cenozoic Evaporite Tectonisim and Volcanism in West -Central Colorado: Geological Society of America Special Paper 366, Boulder, Colorado. Kunk, M. J., and Others, 2002, 40Ar.?9Ar Ages of Late Cenozoic Volcanic Rocks within arid Around the Carbondale and Eagle Collapse Centers, Colorado: Constraints on the Tinning of Evaporate -Related Collapse and Incision of the Colorado River, in Kirkham R. M., Scott, R. B. and Judkins, T. W. eds., Late Cenozoic Evaporite Tectonisim and Volcanism in West -Central Colorado: Geological Society of America Special Paper 366, Boulder, Colorado. Nelson -Moore, J. L. and Others, 1978, Radioactive Mineral Occurrences in Colorado: Colorado Geological Survey Bulletin 40, 1,054 p. White, J.L.; 2002, Collapsible Soils and Evaporite Karst Hazards Map of the Roaring Fork River Corridor, Garfield, Eagle and Pitkin Counties, Colorado: Colorado Geological Survey Map Series 34. Joh No. 109 124A pec tech Vegetation (weed) Management plan for Doug Coffman Subdivision Scattered over the two proposed lots are a very diffuse pattern of several noxious weeds. Most weeds are not located on the irrigated fields but are rather in the treed areas surrounding the fields. There is some tansy on the ditch banks within the irrigated fields. In the areas surrounding the irrigated fields on one of the proposed lots containing 149.763 acres there is a very diffuse pattern ofPlumeless thistle, Musk thistle, Canadian thistle, Scotch thistle, hounds tongue, Burdock, Mullein, the rare but present Russian Olive tree and in pastures near the Roaring Fork River there are some patches of Oxeye Daisy. On the smaller 9.127 acre lot there is a smaller population of noxious weeds in a very diffuse random pattern. In this smaller lot the prevalent weed is hounds tongue and it is very diffuse with no real clustered areas. There is the very occasional thistle, burdock and mullein. Control of noxious weeds on both lots has been going on for years but mainly on thelarger 149 acre lot. The noxious weed population on the smaller 9 acre lot is very low despite lack of control measures there. Control on the 149 acre lot has been done mainly through spot spraying starting in June and continuing through September using a combination Low vol 6, Tordon and a wetting agent. Some use of Gly Star has also been used. The oxeye daisies have been controlled by spraying, cutting and mostly mowing since they tend to be clustered. Many of the weeds also get "pulled". The proposal for weed control on the two lots will be a continuation of spot spraying using Low Vol 6, Tordon and a wetting agent or Gly Star, cutting, mowing and pulling. 4. r vv _s W"-2- cep , There are two other considerations. One is that the 9 acre lot and the eastern part of the 149 acre lot are in conservation easement. Under the easement we are not to introduce any noxious weeds although they do not dictate how to control the weeds that are present but strongly recommend controlling them. The other consideration is that in the spring of 2007 a fire went through a good portion of the treed area of the 149 acre lot. It is understood that this may increase the populations of noxious weeds and require the management program be stepped up to control them. WILDLIFE REPORT COFFii2'A V RANCH CARBONDALE, COLORADO Prepared by Dawn Keating, Wildlife Management Consulting November 2003 INTRODUCTION The purpose of the following report is to describe the wildlife habitat and species found on the 141.8 -Coffman Ranch located at 1837 County Road 100, Carbondale, Colorado. Wildlife values are identified based on an analysis of the wildlife habitat and species present. This information will be incorporated into the Baseline Documentation Report for the Coffman Ranch as part of the process of placing a conservation easement on the property. 1 METHODOLOGY Preparation of the following report is based upon a combination of site visits, relevant document research and conversations with other wildlife and land use professionals. Two site visits were conducted in June and July of 2003. The purpose of these visits was to inventory animal species, photograph property, and survey the general character and condition of the land. Reports reviewed for their applicability to this property included current Colorado Division of Wildlife (CDOW) Wildlife Resource Information System (WRIS) maps, Natural Diversity Information System (NDIS) inventories, Colorado Natural Heritage Program (CNHP) lists of sensitive species, Town of Carbondale Three Mile Area Plan, and the 1997 - 1999 Roaring Fork Biological Inventory. Discussions took place with staff at Aspen allyecologist Tru, Colorado Division of Wildlife (CDOW), the property owners andpt t,iso Tker. Determination of the wildlife values was based on the above research and the author's current and previous work in the Roaring Fork Valley during the past 15 years. WILDLIFE FEATURES The following section describes the wildlife features of the property, including species, habitat and significance found in cottonwood riparian and cropland vegetative communities that cover the property. Research and field inventories conducted for the property reveal that Coffman Ranch (CR) supports a high level of wildlife diversity: • At least 60 species of birds • 22 species of mammals • 2 amphibians and one reptile The property encompasses sensitive habitats for black bear, mule deer, bald eagle and Canada goose. Wildlife Species The two plant communities - riparian and cropland - provide an array of cover, foraging, nesting and breeding opportunities for a highly diverse composition of wildlife species. The following tables list the bird and mammal species known or likely to occur on the CR property. Birds The 60 bird species listed below breed, nest, forage or winter on the CR property. Birds highlighted are those listed as "sensitive" by the State of Colorado, the Colorado Natural Heritage Program or are Watchlisted by Partners in Flight. Partners in Flight is a partnership between Federal, state and local government agencies, conservation groups, the academic community and private individuals to protect birds in the continental United 2 1 11/ States not already listed under the Endangered Species Act in response to declining populations of many bird species. 1 1 1 1 1 r Cottonwood Riparian Plant Community at Coffman Ranch Cottonwood Riparian Plant Community Sensitive species Bunting, Lazuli Passerina amoenia Catbird, Gray Dumetelia carolinensis Chickadee, Black -capped Poecile atricapillus Dipper, American Cinclus mexicanus * Eagle, Bald Haliaeetus leucocephalus * Flicker, Northern Colaptes auratus Flycatcher, Cordilleran Empidonax oberholseri * Flycatcher, Willow Empidonax traillii * Goldfinch, American Carduelis tristis Goose, Canada Branta canadensis Grosbeak, Black -headed Pheucticus melanocephalus Heron, Great Blue Ardea herodias 3 Hummingbird, Broad -tailed Killdeer Kingfisher, Belted Magpie, Black -billed Mallard Oriole, Bullock's Owl, Great Horned Robin, American Selasphorus playcercus Charadruis vociferus Ceryle alcyon Pica pica Anas platyrynchos Icterus bullockii Bubo virginianus Sandpiper, spotted Turdus migratorius Sapsucker, Red -nailed Snipe, Common Sparrow, Fox Actitis macularia Sphyapicus nuchalis Gall inago gallinago Passerella iliaca Sparrow, Lincoln's Sparrow, Song Sparrow, White -crowned Swallow, Tree S- wallow, Violet -green Teal, Cinnamon T- hrush, Swainson's V eery Melospiza lincolnii Melospiza Mel odic Zonotrichia leucophrys Warbler, MaeGillivray's Warbler, Wilson's Warbler, Yellow Waxwing, Cedar Woodpecker, Downy Woodpecker, Lewis' Wood -pewee, Western Wren, House Tachycineta bicolor Tachycneta thalassina Anas cyyaboptera Catharus ustulatus Catharus fuscescens Oporornis tolmiei Wilsonia pusilla Dendroica petechia Bombycilla cedrorum Picoides pubescenes Melanerpes lewis Contopus sordidulus Troglodytes aedon * Cropland Plant Community Blackbird, Brewer's Euphagus cyanocephalus Sensitive species Blackbird, Red -winged Bluebird, Mountain Bunting, Lazuli Cowbird, Brown -headed Crow, American Dove, Rock Agelaius phoeniceus Sialia currucoides Passerina amoenia Molothrus ater Corvus brachyrhynchus Columba livia 4 Eagle, Golden Goshawk, Northern Hawk, Cooper's Hawk, Redtailed Kestrel, American Killdeer Magpie, Black -billed 'Oriole, Bullock's Robin, American Sparrow, Vesper Starling, European Swallow, Barn Turkey, Merriam's quila chrysaetos ccipiter gentilis Accipiter caoperii Butea jamaicensis Falco sparverius Charadrius vaciferus Pica pica Icterus bullockii Turdus migratorius Pooecetes gramineus Sturus vulgaris Hirundo rustica Meleagris gallopavo Bird populations across Colorado are undergoing changes from activities both within and outside Colorado. Within Colorado, human -caused changes to bird habitat from 150 years of development from towns, homes, dams and agricultural operations have altered the species composition in many areas. While some species have declined such as northern goshawk, Lewis' woodpecker or bald eagle, other species such as the American robin, brown -headed cowbird and European starling have increased. Outside Colorado, changes and consumption of habitat in Central and South America where many migratory species winter is leading to a decline in numbers of these neotropical birds that spend their breeding season in the Rocky Mountains. These trends in bird populations are mirrored in the Roaring Fork Valley (1997 Roaring Fork Valley Bird Monitoring Report). Of the 264 bird species that breed in Colorado, 64 were Watchlisted as of 1998. Nine species of birds on the CR property are Watchlisted by Partners in Flight (Lazuli bunting, American dipper, bald eagle, Cordilleran flycatcher, broad -tailed hummingbird, American kestrel, red-naped sapsucker, violet -green swallow and Lewis' woodpecker). Two are among the U. S. Forest Service/Bureau of Land Management Sensitive species (Lewis' woodpecker and northern goshawk); bald eagles are a state "threatened" species. The Colorado Natural Heritage Program (CNHP) tracks five species on the property (bald eagle, northern goshawk, willow flycatcher, Lewis' woodpecker, and veery) as part of an international network of ranking natural diversity to identify sensitive or imperiled species. 5 Mammals/Reptiles/Amphibians Twenty-two mammal, two amphibians and one reptile species are known or likely to occur in the two plant communities on the CR property. These species are attracted to the foliage height diversity provided by the array of plant species, fruit -bearing shrubs, hay meadows and variety of seeds, enabling these animals to spend some or all of the year foraging, breeding or seeking shelter on the property. Trees cut down by heavers on the Coffman Ranch Of the twenty-five species listed below, one is listed as "sensitive" by the U. S. Forest Service Rocky Mountain Region 2 (Colorado chipmunk). The U.S. Office of Endangered Species lists long-legged rnyotis as a Category 2 species. This listing means that the species is of concern, but additional study is needed to ascertain its population levels. Colorado Natural Heritage Program tracks the northern pocket gopher as a sensitive species. Mammal Species of Riparian and Cropland Plant Communities Sensitive species Bear, Black Bobcat Ursus americanus Chipmunk, Colorado Lynx rufus Eutandas dorsalis Chipmunk, least Cotton#ail, Nuttall's Taenias minimus Sylvilagus nuttailli Coyote Canis latrans Deer, Mule Odocoileus hemionus Elk Cervus elaphus Fox, red Gopher, Pocket Vulpes vulpes Thomomys talpoides agrestis Mountain Loin Mouse, Deer Fells concolor Peromyscus maaniculatus Mouse, 1 -louse Muskrat Mus musculus Ondatra zibethicus Myotis, Long-legged Myotis volaris Porcupine Erethizon dormatum Shrew, Montane Shrew, Water Skunk, Striped Sorex monticolus Sorex palustris Mephitis mephitis Squirrel, Rock Vole, Meadow Weasel, Long-tailed Spermophilus variegatus M pennsylvanicus Mustela. frenata In the riparian and cropland habitats, there are two amphibians, striped -chorus frog (Psuedacris triseriata) and the tiger salamander (Ambystoma tigrinum). There is one reptile, garter snake (Thamnophis elegans). Significant Wildlife Use of the Property The CDOW Wildlife Resource Information System (WRIS) maps delineate important habitats that should be avoided or considered by land use planners, public land agencies, developers and private landowners in land use decisions. The WRIS maps describe 23 species and 64 habitat types for Colorado with the information displayed in digital Geographic Information System (GIS) file forrnat. On CR, black bear, mule deer, Canada goose and bald eagle have mapped important habitats. One other species, elk, has mapped habitat across County Road 100 on the southern parcel of the Coffman property. A great blue heron nest is across the river from the property. These are discussed below, and the WRIS maps are attached in the appendix. Black Bear (Ursus americanus) - Suitable habitat occurs throughout the Roaring Fork Valley for black bears, including the CR gropeareasBears abundant in nutt most of �or berrye - producing ecosystems in the valley, but they are especially fond of producing vegetation. The prevalence of these plant for thspecies e "fan ll concentration area" e riparian zone on CR and land to the south, including the Crown, designation on the WRIS maps for CR. These areas are defined as that portion of the overall range that is occupied by black bears from August 15 to September 30 for the purpose of ingesting large quantities of mast and berries to establish fat reserves for the winter hibernation period (Figure 1). Mule deer summer and winter ranges on the Coffman Ranch Mule Deer (Odocoileus hemionus) - The WRIS maps delineate winter range, summer range, highway crossings and resident population areas on CR (Figures 2). Mule deer use the property year-round because of the variety of plant species available for food in the riparian and cropland plant communities, thick cover and readily available water in the Roaring Fork River. Field surveys confirmed these WRIS designations as evidenced by heavy browsing of the understory shrubs and numerous pellet groups. Definitions provided by CDOW for these designations are; 8 Winter Range Summer Range Highway Crossing That portion of the home range where 90% of the individuals are located from December 1 - April 15 during the average five winters out of ten. That part of the overall range where 90% of the individuals are located between spring green -up and the first heavy snowfall. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer range overlap. Those areas where mule deer movements traditionally cross roads, presenting potential conflicts between mule deer and motorists. Resident Population WRIS Mapped Highway Crossing on County Road 100 An area that provides year-round range for a population of mule deer. A minimum population is 75 animals, of which one-half is mature females, and requires at least 1,125 acres of summer range and 750 acres of winter ranger to remain viable. 9 Winter and summer range habitats are mapped across County Road 100 on the south parcel of the CR, accounting for the designated "highway crossing". This crossing is the result of less steep hillsides, enabling the deer ve deero back k a forth between winterrange and these ranges more easily. The WRIS maps also show mule winter concentration areas on the south parcel and on the undeveloped Crown and Aspen Crystal River Estates above the Coffman property. Bald Eagle (Haliaeetus leucocephalus): The bald eagle is primarily a winter resident in Colorado. At this location, they predominantly forage and roost in the large cottonwoods along the Roaring Fork River. Two WRIS habitats overlay parts of CR and are described below (Figure 3). Winter Range Areas where Bald eagles have been observed between November 15 and April 1. Roost Site Groups of or individual trees that provide day and/or night perches for less than 15 wintering bald eagles; includes a buffer zone 1/4 mile around these sites. Two roost sites are mapped within a 114 -mile of CR. The southern mapped roost site is across County Road 100 in a large spruce tree behind Ackerman Log Homes (pers. comm. Kevin Wright, CDOW). Its 1/4 -mile buffer includes the eastern pastures on the CR. The second mapped roost site is along the Roaring Fork River in the cottonwoods within the St. Finnbar Ranch and is within the open space easement section of St Finnbar where homesites are precluded (Ron Liston, St. Finnbar, pers. coram.). The buffer zone for this roost site encompasses the northeast comer of the CR. Canada Goose (Branta canadensis): Attracted to the year-round open water in the Roaring Fork River, geese are common on CR, especially during the winter when other bodies of water may be ice -covered. The WRIS map shows four habitats: brood concentration areas, foraging areas, winter concentration areas and winter range (Figure 4). Elk (Cervus elaphus): There is no mapped WRIS elk habitat on the north parcel of the Coffman Ranch where the conservation easement and development are proposed. However, across County Road 100 on the south parcel, three sensitive elk habitats are present: critical habitat, winter concentration area and severe winter range (Figure 5). In recognition of the importance of winter habitats for deer and elk, Pitkin County, Eagle County and the Town of Snowmass Village prevent development in critical habitat, severe winter range and winter concentration areas. This is in response to growing concern over the loss of these habitats to development, especially residential. The very characteristics that make winter range attractive for homesites (less snow accumulation, sunny aspect, forested cover) also make it good habitat for deer and elk. I tl Garfield County does not have land use codes preventing development in winter range habitats, preferring instead to rely on private property owners to submit conservation - minded development plans. These WRIS areas on the south parcel are defined below. Winter Concentration That part of the winter range where densities are at least Area 200% greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. Severe Winter Range That part of the range of a species where 90% of the individuals are located when the annual snow pack is at its maximum and/or temperatures are at a minimum in the last two worst winters out of ten. A designation that may be applied to any activity area snapped for a species, thus indicating that within a designated Data Analysis Unit, loss of that activity area would adversely affect that species. Critical Habitat Important cottonwood trees for herons and eagles on the Coffman Ranch Great Blue Heron (Arden herodias): No heron rookeries are on the CR property, but one nest is located across the river in a large cottonwood on the Ranch at Roaring Fork. Herons have attempted to nest here for at least the past four years (field monitoring by author). Established rookeries both up stream and down stream of this site may indicate that the herons are trying to establish another rookery, but with Limited success (Figure 6). Fledging of young birds has occurred only twice in the past four years. Wind knocked down the nest in the other two years. 11 WILDLIFE VALUES Described below are six wildlife values that the property contains and are worthy of preservation. The six values either typify a riparian/cropland plant community at this elevation or are exceptional or rare features that distinguish the property. 1. Birds - Two elements distinguish the property in this category: habitat for a diverse array and number of species (60); habitat for 12 Watchlisted, Sensitive or Threatened species. 2. Mammals - Provides habitat for 22 mammals, 2 amphibians and 1 reptile common to cottonwood riparian and cropland plant communities. Three of these species are listed as "sensitive" with the U. S. Forest Service, a Category 2 species or tracked by CNHP. 3. Significant Habitats for Mule Deer - Contains important winter range, summer range, resident population and highway crossing habitats for mule deer. These W'RIS habitats are quickly disappearing in western Colorado due to development. 4. Significant Habitat for Bald Eagles - Contains winter range and buffer zones for eagle roost sites. 5. Significant Habitat for Canada Goose - Contains winter range, winter concentration and brood concentration areas. 6. Habitat Connectivity One of the important elements of CR is its potential to connect to other land preserved for wildlife, vegetative, scenic and agricultural values in the Roaring Fork Valley. The 1999 Roaring Fork Biological Inventory prepared by Colorado Natural Heritage Program has designated two Potential Conservation Areas (PCA) near the property. These PCA's have plant and animal species of natural heritage significance. (Figure 7). The 500 -acre Ranch at Roaring Fork PCA overlies CR. This PCA is recommended for protection because of its intact riparian plant community, two rare orchids, a heron nest and a diverse mix of native bird species. The mountain whitefish is thought by the CDOW to be in the Roaring Fork River that bisects this PCA. The 1999 Inventory report describes the 7000 -acre Crown PCA as containing sensitive and unique plants worthy of conservation. This PCA is southeast of the CR and is comprised of private and public lands. This PCA also contains important deer and elk habitat as described above. Placing a conservation easement on the Coffman Ranch will contribute to long-term protection of the wildlife values identified in the Ranch at Roaring Fork PCA and provide for habitat continuum between these two PCAs. Aspen Valley Land Trust has acquired conservation easements on properties surrounding Carbondale, Colorado including three parcels in the Prince Creek drainage and two in the West Sopris drainage. These five parcels: Flying Dog Ranch, Danciger, Jelinek, Brackett and Sopris Mountain Ranch total 1.080 acres and contain wildlife 12 habitat, plant communities, scenic and agricultural values. Placing a conservation easement on the Coffman Ranch will increase this block of protected land and foster efforts to preserve conservation values, including wildlife, east and south of Carbondale. Mann went Recommendations The management actions recommended below would help preserve the wildlife values of the Coffman Ranch: • Prevent removal of native cottonwoods in order to preserve roosting sites and buffer zones for eagles and herons. • Prohibit free -roaming dogs in winter when use by deer is heightened. • Prohibit free -roaming cats year-round in order to preserve birds. • Encourage homeowners to use bear -proof trashcans and manage birdfeeders, pet food and grills during the fall so as not to attract bears. ''y Remove barbed wire fences along County Road 100 to enhance deer highway crossing area. All property fences should meet CDOW specifications in order to protect deer and �•/ small mammals. • Encourage homeowners to use landscape material that does not attract deer, elk and bears. Continue to fence or remove hay bales so as not to attract deer and elk. • Monitor eagle roost sites and report any activity to the CDOW. • Educate landowners on the wildlife values found on the property. 0 Prepare a wildlife management plan for the property. IPOOPITAM1IvT'-1:AA1-�`Y Coffman Ranch fences along County Road 100 13 Summary The Coffman Ranch is 141.8 - acre parcel east of Carbondale where a mix of conserved land and up to nine homesites are proposed. This report describes the wildlife features of the property for the Baseline Documentation Report. The report describes: • 60 birds, 22 mammals, 2 amphibians and 1 reptile which are known or likely to occur on the property. • 12 birds Watchlisted, Sensitive or Threatened. • 3 mammals listed as Sensitive or Category 2 species. • Colorado Division of Wildlife WRIS mapped habitats for bear, deer, eagle and goose. • 6 Wildlife Values Lastly, the report recommends inceptive management actions that preserve the wildlife values described on the Coffman Ranch. The abundance of species and wildlife habitats on the Coffman Ranch clearly identifies a rich natural heritage that is of significant importance, not only to the plant and animal communities, but also to the community of Carbondale and the greater Roaring Fork Valley. 14 1 r r r 1 r r 1 REFERENCES 1. Colorado Natural Heritage Program, 1997. Roaring Fork Biological Inventory, Colorado State University, Ft. Collins, CO. 2. Gray, Mary Taylor, 1998. The Guide to Colorado Birds, Westcliff Publishers, Englewood, CO. 3. Holsinger, Ken, January 2003. WRIS mapping. Bureau of Land Management, Glenwood Springs, CO. 4. Kershaw, Linda, Andy MacKinnon, and Jim Pojar, 1998. Plants of the Rocky Mountains, Lone Pine Publishing, Edmonton, AB, Canada. 5. Kingery, Hugh (Editor), 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership and Colorado Division of Wildlife, Denver, CO. 6. Natural Diversity Information Source (NDIS) for Colorado, 2000. System for Conservation Planning, Colorado State University, Ft. Collins, CO. Website http:// ndis.nrel.colostate.edu. 9. Otak, Rock Creek Studio, March 2000. Town of Carbondale Three Mile Plan. 36 N. Fourth Street, Carbondale, CO 81623 10. Rennicke, Jeff, 1990. Colorado Wildlife, Falcon Press Publishing, Helena, MT. 11. Vidal, Linda, 1997. Roaring Fork Valley Bird Monitoring Project, Roaring Fork Chapter of the Audubon Society, Aspen, CO. 14. Yanishevsky, Rosaling and Susan Petring-Rupp, 1996. Management of Breeding Habitat for Selected Bird Species in Colorado, Colorado Division of Wildlife, Denver, CO. 15. U. S. Department of Agriculture, Forest Service, Rocky Mountain Region, 1987. Managing Forested Lands for Wildlife, Colorado Division of Wildlife, Denver, CO. 15 APPENDIX WILDLIFE RESO URCE INFORMATION SYSTEM MAPS COFFMAN RANCH 1837 COUNTY ROAD 100 CARBONDALE, CO 81623 Dawn Keating Wildlife Management Consulting Carbondale, CO 970/963 - 3023 November 2003 1 6 1 14 1 1 1 1 1 1 11 1 1 1 1 1 1 1 Figure 1. Legend Coffman Ranch - North Parcel 'Bear Fall Concentration Area Coffman Ranch Wildlife Map: Bear N s 0.5 0 0.5 1 1'48,000 1.5 Miles 1144c7PP,n4 While River Comervcrtion Project, (c) 2003 Prepare:1W Richard Compton Legend Coffman Ranch - North Parcel Deer Summer Range • Deer Winter Range Resident Deer Population Deer Highway Crossing Coffman Ranch Wildlife Map: Deer E 0.5 0 0.5 1 Miles 1 36, 000 L_ {c] 2001 Pnsixerad by 'Richard Compton 1 1 1 1 1 . . ; . • .E., -„- • II • ,,.;',.! . 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' A ,,,C: -.",' i , ' a fr ' ''' I.-1. -..- - ,---::'9 ___ v_ i a._,,_ __ / 1L-_. !' 1 ---_ : **--.- • ( L •I i , t' ' ' -r. ' --0.7;:::/1."' .**'‘''' ) \ \ isli ' ' ' Ipc_._,,,,P•-• •,,,:\f,m2_,.._ _ _ _ i. • Vi.• ,. i ,, ... ---, ..4...- , • . 6 I' f..}`, • ` • J / 11; `•-• • - ^ -.14; »' vr.: • 1...•••4•4,-.4 ;Ars , ( / • • I sz. -V• ,01"." •=•-•;/ • • . • ./ 1- • . ^i> • , pi/4, . ( • • ' 1 4 • • 1' - — • • ' • • : • PL.4--.Sk,Z.,„ - ""'•-• - . N k •.‘ ' •••• • .4 .="‹. Figure 3. • • 'IP: _ ' . • - •••• Coffman Ranch Wildlife Map: Bald Eagle Legend Coffman Ranch - North Farces Bald Eagle Winter Range 7=1-t Bald Eagle Roost Sites 0.5 0 0.5 l Miles ,15616623LPIummagillim512742112Frorrx.lirrE; 1'36,000 Moppima W hite River Commotion Project. (c) 2003 Prepared by Facherd Campton Cr.). �. _fes— ''',/-C---',.„...- 11 _iii JAY • „F 2l .moi `y rt q`. ` o,: ! ti t� !J Vic 7 1�1 y _ •-meq,, r ; a G� } . . o—� • `Carbondale mat • 11.1 I ,'�;� 4 f. I � 40”. 4-4 • -7 1 -.7 +. 1p \+ i . i .. Legend Figure 4, Coffman Ranch Wildlife Map: Canada Goose Coffman Ranch - North Parcel 1 i t4 _.. gra . 1. y a ` d Jr ` 4. �r- P�_ Goose Winter Range, Breeding and Foraging Area Goose Winter Concentration Area Goose Brood Concentration Area 0,5 =.> vv 1.x"6,000 0.5 1 Miles ... J,. • i y f J11 „ Y arf I • • • 1.3'd bra -r.•••;-..4 • rTF+%0 Carbo T1 e j I regi • ,• f' mftI V B#.. 1 . 1 Aim.•- 1 [,n14' -I • } J J y F✓ �. • 10 ti • • ` f• Figure 5. Legend Coffman Ranch - North Parcel Elk Critical Habitat T Elk. Winter Concentration Area Elk Severe Winter Range z • ' : . ../ 1 'tiL 1 • Y,r „ 6• nn. Coffman Ranch Wildlife Map: Elk 0.5 N 4 v.., s 0.5 1: 33,000 • • i i i r i r i i r r r r Figure 6. Coffman Ranch Wildlife Map: Great Slue Heron Legend Coffman Ranch - North Parcel Great Blue Heron Nesting Areas 0 1 96.000 3 Miles • ,c)2003 Pwpond by Richard Cornptcn Figure 7. Coffman Ranch CNHP Potential Conservation Areas Legend Coffman Ranch - North Parcel Colorado Natural Heritage Program Potential Conservation Areas 0.5 0 0.5 1:36,000 1 Miles Afnpping Whits nivel- Conservation Project (c) 2003 Prepnrad by Richard Campton • • USDA Grid: United States Department of Agriculture Farm Service Agency 2005 Orthophotography NOT TO SCALE Maps for FSA Programs Only April 15, 20109 Garfield County Farm Tract Disclaimer: Welland identifiers do not represent the slat, shape or specific cleterminationot the area. Ref to your original delermanation (CPA .026 and anachcd maps! for exact wetland boundaries and determinations, or coruacl NRCS, Property Boundary Legend Floodway Flood Plain Contours Building Envelope 100 Year Flood per FEMA 500 Year Flood per FEMA Figure 1: Flood Plain Map Date: 5/01/2009 File: 965-2. Drawn by: RMlf Approved by: MJE Coffman 0 50 100 150 200 1 in=1OOft ft _� RESOURCE ENGINEERING,1NC 909 Colorado Avenue Glenwood Springs, CO 81891 (970) 946-8777 Voice (970) 946-1197 Facsimile " • " •-• °- - The Coffman Property Vegetation and Plant Community Report 2003 Conservation Easement Prepared for the Aspen Valley Land Trust and the Coffman family introduction The majority of the Coffman Ranch consists primarily of hay fields created over 100 years ago in a wide river valley along the Roaring Fork River in west central Colorado at an elevation of approximately 6,300 feet. Several of these hay meadows flank the riparian plant communities associated with the Roaring Fork River. Portions of these fields were at one time actually a part of these adjacent native riparian vegetation assemblages. The conservation easement consists of 38 acres of hay meadows, native riparian vegetation dominated sites, and agricultural ditches with banks lined with mature native riparian shrubs. One of these shrubs is a Colorado endemic (found only in the state of Colorado) and considered to be quite significant. In 2001, the Colorado Natural Heritage Program's (CNHP) Survey of Critical Biological Resources in Garfield County included the Coffman property as being part of an approximate three mile stretch of an area of the Roaring Fork River known as the 'Ranch at The Roaring Fork Potential Conservation Area (PCA)". This document states "the site includes approximately a three-mile stretch of the Roaring Fork River and its floodplain and is one of the most intact sites along the lower reaches of this river...This is the largest, intact riparian area observed in the lower Roaring Fork Valley,,. The PCA designation does not confer any regulatory protection but simply points out the biological significance of an area such that landowners can voluntarily develop informed conservation strategies. Soils Summary Soils, along with geology, hydrology, precipitation, and land management all determine the plant life on a landscape. The USDS-RCS soil surveys are informative, although not necessarily complete and are briefly reviewed here: 2 The areas of mostly intact native riparian communities on the Coffman easement consist of Fluvaquent sails, somewhat poorly drained soils on flood plains and formed from alluvium (USDS-SCS, 1978, Aspen -Gypsum Area No. 20). These soils are stratified and vary widely in texture and depth. Redrob soils, another somewhat poorly drained type, can also be found in small areas within the Fluvaquents soil type. During spring and summer the water tables are described as varying by 0.5 to 2.0 feet with occasional flooding during those same seasons. Also potentially included in Fluvaquent soils are areas where standing water lies on or near the surface all year. The hay meadows on the easement are mapped as Atencio-Azeltine complex found mainly on river terraces and alluvial fans. They are formed mainly from alluvium, predominantly derived from sandstone and shale. These soils are described as deep and well -drained consisting of 60 percent sandy day loam to 30 percent gravelly sandy loam on average. Small areas of gravel bars as well as areas of finer textured soils are included within this type. The permeability of these soils is described as moderate above but increasing to rapid at around 16 inches. Due to the low available water capacity, the Atencio-Azeltine complex is described as droughty. Under these conditions, if irrigation ceased, the current European pasture grass, hay meadows would be unsustainable and subject to weed invasion. The river hawthorn, with widely spreading, horizontal branches. The willow hawthorn with long erect stems naraiy Drancnea. The Willow Hawthorn (Crataegus saligna) and the River Hawthorn (C. rivularis) Two species of hawthorn, one very significant, line many of the irrigation ditches on the ASproperty. They also occur in some areas of intermittent flooding (having occurred in the past or currently) or in areas of intermittent high water tables. Hawthorns are tolerant of both prolonged 3 1 flooding and/ or poorly drained soils. The willow hawthorn (Crataegus saligna) is found occurring side by side, in some instances, with the river hawthorn (C. rivularis) on the property. Off the property, the willow hawthorn is found stream -side and on the first river terrace along the Roaring Fork River. Whereas river hawthorn is typically found on somewhat drier sites and not stream side. The river hawthorn is the more common of the two with occurrences in the west from Texas to Montana. The willow hawthorn, a Colorado endemic, is ranked an S2 by CNHP due to its rarity or other factors demonstrably making it vulnerable to extirpation (see Appendix). The willow hawthorn is a more slight plant, the leaves are smaller; the shrub appears less bushy due to very few lateral branches off the main, erect stems. Hawthorns in general provide excellent services to wildlife. These assets are not only because of their persistent berries but because of their structural diversity providing refuge, thermal cover, hiding and nesting sites. If flood irrigation was stopped and hence the ditches were abandoned an the property these linear hawthorn thickets could be in jeopardy as the over-all water table levels could decline. Also as noted earlier, the soils where much of the haying occurs are highly permeable and have very poor water holding capacities. Further investigation should happen to specifically document where the willow hawthorn is growing. (Hawthorns are red in above photo) To give an idea of the significance of the willow hawthorn, there are no other rare shrubs within the Roaring Fork Watershed. The willow hawthorn has been documented as occurring along specific riparian areas only in Garfield, Pitkin, Eagle, Chaffee, Gunnison, Montrose and Rio Blanco counties and no where else in the world to date. Of the 3,430 unique plant taxa found in Colorado, only 79 are endemic to Colorado. Silver Buffaloberry (Sheperdia argentea) This uncommon silvery grey shrub is also present on the current Coffman ranch property (pictured to the right). llor Silver buffaloberry is WfS7e;.r ,, r5� 73$ke 4 thought to have once been more widespread in Colorado but has been and continues to be declining due to the loss and alteration of lower elevation riparian habitats. Losses of silver ipbuffaloberry are mainly due to modifications in stream flow or stream hydrology as well as detrimental land management practices. Russian olive (Elaeagnus angustifolia), a highly invasive non-native tree species on the state weed List, is also replacing this shrub in many areas (including along some small areas of the lower Roaring Fork River). Russian olive was until very recently marketed and sold for many years by the NRCS. It is also located elsewhere on the ranch. This stretch of the Roaring Fork River has a significant occurrence of silver buffaloberry and within a state-wide context; it is considered a significant conservation resource. The eastern most edge of the hay meadows looking into the Narrowteaf cottonwood! River birch Woodland. Narrowleaf cottonwood/ River birch Woodland G3/S2 This community type is located on the eastern edge of the conservation easement. It includes most of the area of native riparian vegetation beginning at the eastern edge of the hay meadows and continuing to the eastern boundary and north to the southern edge of the river. The Colorado Natural Heritage Program works on a very broad, coarse scale and they have called the three-mile stretch of River from the bridge upstream on the Catherine Store road and continuing down past the Coffman property to Carbondale at Hwy 82 a Narrowleaf cottonwood/ Thinleaf alder Woodland (Populus angustifolialAlnus incana ssp. tenuifolia) G3/S3. Because they work on such a broad landscape scale, they are simply unable and don't expect be able to cover all aspects of large acreages such as this particular area they lump into 1,808 acres. Just as they missed the occurrences of willow hawthorn (Crataegus saligna), they have missed the Targe areas of river birch. With further, finer filtered, investigation, the Coffman property has a fairly sizable area of the Narrowleaf cottonwood/ River birch Woodland (Populus angustifolia/ Betula occidentalis). The river birch is in dense stands with a sparse to lush understory. Thinleaf aider is present but in much lesser amounts overall. Being less shade tolerant, thinleaf alder is typically restricted to 4111 stream bank edges in woodland riparian areas where more light may be available. Whereas river birch seedlings require 2 to 3 months of shade during their first season. Periods of inundation by water are well tolerated and may be essential, but permanent inundation is not tolerated. This community is considered one of the wetter narrowleaf cottonwood associations typically indicating, as is the case here, a perennial source of water and lateral seepage. The literature states that most of these communities appear to be quite stable with little change observed from flooding events (FEIS website). River birch is known to be an excellent soil or stream bank stabilizer due to its dense root system. The Narrowleaf cottonwood/ River birch Woodland G31S2 is ranked by CNHP based on the status of the community occurrence within the state and relative to its range -wide or global status. It is essentially considered threatened over its entire distribution. The G3 reflects the plant community is either very localized throughout its range or found locally in a restricted range. The S2 rank describes it as "imperiled in the state because of rarity (6 to 20 occurrences) or because of other factors demonstrably making it very vulnerable to extirpation from the state" (CNHP Riparian Associations of Colorado, 1999). Dense stands of river birch and their typical understory on the Coffman property. Unfortunately, much of the riparian area understory is colonized by non-native, invasive species. a typical state for much of the lower reaches of the Roaring Fork River. Many of aur noxious weeds 0 are introduced, escaped ornamentals that do very well with extra water like the conditions along the add West's riparian corridors, T. i f3 o 'poi ritC7�l: 6 River birch and thinleaf alder are monoecious, meaning mature plants have separate male and female catkins on the same individual. The female catkins of birch are papery and easily disintegrate when touched. Whereas the female catkins on thinleaf alder resemble miniature pine cones, are hard and persist at least into the next ear. Several other native species within or in the vicinity of this community include skunkbush or three -leaf sumac (Rhus trilobata), Colorado blue spruce (Picea pungens), river hawthorn (Crataegus rivularis), western or white virgin's bower (Clematis ligusticifolia), silver buffaloberry (Shepherdia argentea), black twinberry (Lonicera involucrata), red -osier dogwood (Cornus sericea, Swida sericea) coyote willow (Salix exigua var. exigua) Bebb's willow (Salix bebbiana), whiplash willow (Salix lasiandra var. caudate, Salix Iucida var. caudata), mountain willow (Salix monticola), Rocky Mountain juniper (Juniperus scopulorum), ponderosa pine (Pinus ponderosa), water sedge (Carex aquatilis), Beaked sedge (Carex utriculata), wooly sedge (Carex lanuginosa), arctic rush (Juncus arcticus, Juncus balticus), rush species (Juncus spp.), sedges (Carex spp..), horsetail species (Equisetum spp.), sand dropseed (Sporobolus cryptandrus), erigeron species (Erigeron spp.). Non-native species include orchard grass (Dactylis glomerate), reed canary grass (Phalaris arundinacea), Kentucky bluegrass (Poo pratensis), smooth brome (Bromus inermis), timothy (Phleum pretense), common tansy (Tanacetum vulgare), common plantain (Plantago major), red clover (Trifolium pretense), and goosefoot species (Chenopodium spp.). State listed noxious weeds present include, hound's tongue (Cynoglossum officinale), common burdock (Arctium minus), common tansy (Tanacetum vulgare), yellow sweet clover (Melilotis officianale), and Canada thistle (Cirsium arvense). Agricultural Hay Meadows The majority of the easement consists of grass hay meadows consisting primarily of the introduced plants smooth brome (Bromus inermis), timothy (Phleum pretense), orchard grass (Dactylis glomerate), alfalfa (Medicago sativa), bluegrass (Poo pratensis) and red clover 7 (Trifalium pretense). Various volunteer Colorado natives, sedges (Carices), rushes (Juncos) and scouring rushes (Equisetum spp), and are located in some of the wetter areas of the fields. aYarrow (Achillea lanulosa), Wood's rose (Rosa woodsii), and western wheatgrass (Pascopyrum smithll), Colorado natives are intermittently volunteering in drier sites. The noxious weeds, Canada thistle (Cirsium arvense), plumeless thistle (Carduus acanthoides), hound's tongue (Cynoglossum officinale), oxeye daisy (Chrysanthemum leucanthemum), cheat grass (Bromus tectorum), scentless chamomile (Matricaria perforate), common mullein (Verbascum thapsis), common tansy (Tanacetum vulgare) are present. Dandelions (Taraxacum offrcinafe) are also prevalent. Butter `n eggs (Linaria vulgaris) are lurking just off the easement along the gravel bars closer to the river. This species deserves special mention as it is an especially problematic noxious weed with a worrisome potential to quickly spread and control is very elusive. irrigation and current hay meadow management practices are essential to keeping the dominant grasses in the existing hay meadows and for providing competition to help keep the now peripheral noxious weeds (except Canada thistle and oxeye daisy) from more fully colonizing. If irrigation ceased, a suite of drought tolerant, upland plants would need to be considered to replace the current assemblage of hay meadow species. Noxious weed control would become ever more demanding if irrigation ceased and no change was made to the current plant community. This is due to open spaces forming where dieback would occur within the smooth brome/ timothy/ orchard grass cover. Aggressive weeds hover nearby ready for any such opportunity. "Nature abhors a vacuum" is an apt phrase for this scenario. Other Possible Sensitive Plants Two orchids have been found in this area of the lower Roaring Fork River close to the Coffman Ranch. These orchids were not observed in the short field work done for this report but they still may be on the property as habitat characteristics are found in the vicinity. Subsequent searches in the late spring and early summer would be most appropriate. The Yellow Lady's Slipper S2 Pictured to the right is Cypripedium calceolus L. ssp. parviflorum or yellow lady's slipper, the showiest orchid in Colorado. The typically solitary flowers are named for their prominent lip which is said to resemble a slipper. This species is distributed very sparsely within the state with only 26 locations found in Colorado. Wet areas with rich organic matter and decaying leaf litter in wooded or partially shaded areas are suitable habitat. However, this species is vulnerable to trampling, exotic plant competition, and unnatural alterations in the hydrology of the wetland in which it occurs. Continuous moisture is also imperative for this species survival. 8 Canyon Bog Orchid S3 To the right is Limnorchis ensifolia (synonym Plantanthera sparsifolia var. ensifolia) or the canyon bog orchid and it may also occur on the property. Greenish flowers are born on a rather tall spike with the tulip like leaves scattered up the single stem, This plant resides in wet or moist meadows, marshes, stream banks, open or dense woodlands, and frequently around springs. Its habitat is very limited even as its range is extensive, from Mexico to Oregon. A reliable, year-round supply of moisture is critical for this species survival. It is currently known from six locations in the Roaring Fork Valley. Threats include any kind of trampling, habitat alteration and changes to the areas hydrology. Hydrologic Modifications The current plant communities on the Coffman conservation easement are all dependent on either the historical supplemental watering regimes from flood irrigation or the natural hydrological conditions that occur due to the presence of the Roaring Fork River, or both. Any alteration in either the land management practices on the property or the off -property, upstream activities, such as water diversion projects, development, or impoundment will alter the current plant assemblages. Much of the current vegetation is dependent on supplemental water and unable to sustain itself on the natural precipitation of the region alone, Land Management Just as the current hydrologic conditions determine the residing plant communities, so do the current land management practices. The management regarding the haying operations have been discussed above. Concerning weeds and cattle, the topic is murky but important, Grazing animals can spread seeds both by ingesting and then by their manure and providing furry "Velcro" sites on their bodies thereby helping transport seeds to new territory. Even after they have spread weeds, cattle can also then help keep weed populations in check by grazing plants and removing the growing, carbohydrate, energy producing and reproductive portions of a plant. Landscapes such as the Coffman's, which have had years of grazing animals and also have populations of noxious weeds, will go through a transition if grazing animals are removed. Some of the noxious weeds will become more of a problem where others may not change dramatically as the competitive plants the cows were grazing may become more robust and provide weed competition. Weeds will be an ongoing issue and may be either diminished by the removal of grazers or possibly stimulated by their absence and probably both. This will be an important, yearly issue. Summary The Coffman conservation easement consists of vegetation resources that are considered to be of high conservation value both in relation to the state of Colorado and on a more region wide scale. The riparian plant community the Narrowleaf cottonwood/ River birch Woodland and the presence of the rare endemic shrub, the willow hawthorn, are rare vegetation resources within the state. Currently the hay meadows and linear hawthorn thickets along the irrigation ditches also provide valuable services to wildlife. Further exploration over time within the wetland and riparian corridors an the property, may reveal other rare or imperiled resources. 9 Photos Leaves of ever hawthoare larger and wider. Berries of river hawthorn are a reddish purple. • Willow hawthorn has 15- 20 stamens vs. the 1D stamens of river hawthorn. The smaller leaves of willow hawthorn in Fall 10 A endix. Definition of Colorado Natural Herita:e Conservation Ranks. • • Global conservation ranks are based on the range -wide status of a species. State conservation ranks are based on the status of a species in an individual state. State and Global ranks are denoted, respectively, with an "'5" or a "G" followed by a character. These ranks should not be interpreted as legal designations. G/S1 Critically imperiled globally/state because of rarity (5 or fewer occurrences in the world/state; or very few remaining individuals), or because of some factor of its biology making it especially vulnerable to extinction. G/S2 Imperiled globally/state because of rarity (6 to 20 occurrences), or because of other factors demonstrably making it very vulnerable to extinction throughout its range. G/S3 Vulnerable through its range or found locally in a restricted range (21 to 100 occurrences). G/S4 Apparently secure globally/state, though it might be quite rare in parts of its range, especially at the periphery. G/S5 Demonstrably secure globally, though it may be quite rare in parts of its range, especially at the periphery. GX Presumed extinct, G#? Indicates uncertainty about an assigned global rank. G/SU Unable to assign rank due to lack of available information. GQ Indicates uncertainty about taxonomic status. G/SI1 Historically known, but not verified for an extended period, usually. G#T# Trinomial rank (T) is used for subspecies or varieties. These species or subspecies are ranked on the same criteria as G1 -G5. S#B Refers to the breeding season imperilment of elements that are not permanent residents. S#N Refers to the non -breeding season imperilment of elements that are not permanent residents. Where no consistent location can be discerned for migrants or non -breeding populations, a rank of SZN is used SZ Migrant whose occurrences are too irregular, transitory, and/or dispersed to be reliably identified, mapped, and protected. SA Accidental in the state. SR Reported to occur in the state, but unverified. S? Unranked. Some evidence that species may be imperiled, but awaiting format rarity ranking. Notes: Where two numbers appear in a state or global rank (e.g., 52SS3), the actual rank of the element falls between the two numbers. # represents rank (1-5) 11 Literature 111) Colorado Natural Heritage Program, 1999. Roaring Fork Watershed Biological Inventory, 1997- 1999. Colorado Natural Heritage Program, Fort CoIllins, CSU, CO. • Colorado Natural Heritage Program, 2001. Survey of Critical Biological Resources, Garfield County, Colorado Volume 1. Colorado Natural Heritage Program, Fort Collins, CSU, CO. Colorado Natural Heritage Program, 2002. Survey of Critical Biological Resources, Garfield County, Colorado Volume II. Survey of Critical Wetlands and Riparian Areas in Garfield County. Colorado Natural Heritage Program, Fort Collins, CSU, CO. Colorado Natural Heritage Program, 2003. Field Guide to the Wetland and Riparian Plant Associations of Colorado. Colorado Natural Heritage Program, Fort Collins, CSU, CO.. Dorn, RobertD, 1997. Rocky Mountain region willow identification field guide. Renewable Resources R2 -RR -97-01. Denver, CO: U.S.D.A., USFS, Rocky Mountain Region. 107p, Harrington, H.D. 1954. Manual of the Plants of Colorado. Sage Books, Chicago. Hartman, R.L. and B.E. Nelson. 2002. Checklist of the Vascular Plants of Colorado. Rocky Mountain Herbarium, University of Wyoming, Laramie. Available: http://www.rmh.uwyo.edu National Plant Data Center. 2003. An on-line access to the National Plant Data Center. Baton Rouge, LA. Available: http://plants.usda.gov Soil Survey of Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties. 1992. United States Department of Agriculture and the Soil Conservation Service. Spackman, Susan, B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997. Colorado Rare Plant Field Guide. Prepared for the Bureau of Land Management, the U. S. Forest Service and the U.S. Fish and Wildlife Service by the Colorado Natural Heritage Program. USFS Fire Effects website: www_ fs.fed.us/database/feis USGS Geologic Map of the Leadville 1' X 2' Quadrangle. 1978. Weber, William .A. and R.C. Wittman. 1996. Colorado Flora: Western Slor e. University Press of Colorado, Niwot, CO. Whitson, E.Q., editor. 2000. Weeds of the West. The Western Society of Weed Science, Newark, CA. Printed by Grand Teton Lithography, Jackson, WY. Wingate, Janet L. 1994. Illustrated Keys to the Grasses of Colorado. Wingate Consulting, Denver, CO. a2 Aerial Photo Source: Natural Resource Conservation Service, U.S. Department of Agriculture, 1989-1990. DOUG COFFMAN SUBDIVISION IMPROVEMENTS AGREEMENT THIS DOUG COFFMAN SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this day of , 2009. by and between the REX ALLEN COFFMAN REVOCABLE TRUST AND JOANN G. COFFMAN REVOCABLE TRUST (hereinafter collectively "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). Recitals 1. Owner is the owner and developer of the Doug Coffman Subdivision (the "Subdivision"), which property is depicted on the Final Plat of the Doug Coffman Subdivision 111/ ("Final Plat" or "Final Plat of the Subdivision"). The real property subject to this SIA is described in that Final Plat recorded at Reception Number of the real estate records of Garfield County, Colorado and incorporated by this reference. 2. On , 2009, the BOCC, by Resolution No. , recorded at Reception Number of the real estate records of Garfield County, Colorado and incorporated by this reference, approved a preliminary plan for the Subdivision which, among other things, would create one (I) single-family residential lot and a remainder parcel ("Preliminary Plan Approval"). 3. As a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Unified Land Use Resolution of 2008, Owner wishes to enter into this SIA with the BOCC. 4. Owner has agreed to execute and deliver a letter of credit or other security in a form 1 satisfactory to the BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the subdivision, all as more fully set forth below. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner ("Parties") agree as follows: Agreement 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary Plan Approval, and the requirements of the Garfield County Unified Land Use Resolution of 2008 and any other governmental or quasi -governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein. 2. OWNER'S PERFORMANCE. a. Completion Date/Substantial Compliance. There are no subdivision improvements for the Subdivision. All proposed water, sewer and access improvements are for the sole use of Parcel A 1. Owner shall pay fees required by Garfield County and/or other governmental and quasi -governmental entities with regulatory jurisdiction over the Subdivision. b. Satisfaction. The BOCC agrees that if all fees required by Garfield County and/or other governmental and quasi -governmental entities with regulatory jurisdiction over the Subdivision and all other requirements of this SIA have been met, then the Owner shall be deemed to have satisfied all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and the Garfield County Unified Land Use Resolution of 2008. 3. PUBLIC ROADS AND UTILITY EASEMENTS. There are no public roads proposed for the Subdivision. 4. UTILITY EASEMENTS. Owner shall negotiate service with Holy Cross Energy and all applicable easements, subject to the Garfield County Road and Right -of -Way Use Regulations, recorded as Reception No. 643477, in the records of the Garfield County Clerk and Recorder, as amended. Owner shall be solely responsible for the maintenance, repair and upkeep of said utility easement, unless otherwise agreed to with the public utility company, The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements by separate document. Owner shall execute and record the required conveyance documents. 5. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of any agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity granted to the BOCC by Colorado 3 • • • statutes and case law. 6. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a Road Impact fee of nla ($ ) has been established for the residential units within the Subdivision. Owner shall pay fifty percent (50%), i.e., nla ($ ) of the Road Impact Fee to the Garfield County Treasurer at or prior to the time of recording of the Final Plat. The remaining 50%, i.e.. ilia ($ ), will be collected pro rata (i.e. $ ) from each lot owner at the time a building permit issues for a residence within the Subdivision. 7. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the Roaring Fork School District, calculated in accordance with the Garfield County Unified Land Use Resolution of 2008 and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows for the RE -I School District: Unimproved per acre market value of land, based upon an appraisal submitted to the BOCC by Owner, i.e. $20,036.80 per acre; and Land dedication standard: one (I) single-family dwelling unit x ten (10) acres equals ten (10) acres. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, ($ ) as a payment in lieu of dedication of land to the Roaring Fork School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of §30-28-133, C.R.S., as amended, and the Garfield County Unified Land Use Resolution of 2008. The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations, 4 • • and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim. subsequent to recording of the Final Plat of the Subdivision. a reimbursement of the fee in lieu of land dedication to the Roaring Fork School District. 8. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 9. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA. the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Carbondale & Rural Fire Protection District ("District"), if the Fire District has so required, that there is adequate water available to the construction site for the District's purposes and all applicable District fees have been paid to the District. 10. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 11. ENFORCEMENT. In addition to any rights provided by Colorado statute, the 5 • • withholding of building permits and certificates of occupancy, provided for in paragraph 9, above and the provisions for plat vacation, detailed in paragraph 10, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. 12. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terns and provisions of this SIA. 13. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 14. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested I.J.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: • • Owner: BOCC: Rex Allen Coffman Revocable Trust and the JoAnn G. Coffman Revocable Trust 1837 County Road 100 Carbondale, CO 81623 w/copy to. Dan Kerst, P.C. 823 Blake Avenue, Suite 202 Glenwood Springs. CO 81601 Board of County Commissioners of Garfield County, Colorado c/o Building & Planning Dir. 108 8th Street. Suite 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 15. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the form of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 14, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 1 6. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original. and all of which, when taken together, shall be deemed one and the same instrument, 17. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this S1A to be effective upon the date of Final Plat Approval for the Subdivision. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO By: Clerk to the Board Chairman • STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Date: OWNER. By: Rex Allen Coffman. Trustee of the Rex Allen Coffman Revocable Trust Date: By: JoAnn G. Coffman, Trustee of the JoAnn G. Coffman Revocable Trust Date: Subscribed and sworn to before me by Rex Allen Coffman as Trustee of the Rex Allen Coffman Revocable Trust and JoAnn G. Coffman as Trustee of the JoAnn G. Coffman Revocable Trust, Owner of the Subdivision, this day of , 2009. WITNESS my hand and official seal. My commission expires: Notary Public • 1111111111111111111 i 111111 HI 1111111 111 11111 HI 1111 663144 11/09/2004 09:56A B1638 P32 ti ALSDORF 1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO COVENANTS FOR COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL GARFIELD COUNTY, COLORADO Rex A. Coffman and Jo Ann G. Coffman, being the owners of that certain Garfield County, Colorado, real property hereinafter described, does hereby declare and establish that said real property shall be held, owned, conveyed, encumbered, leased, rented, used, and occupied subject to the following covenants, restrictions, conditions, easements, and obligations which shall run with the land and shat] be binding on all persons having or acquiring any right, title, or interest in said real property, to -wit: 1. Real Property. The real property which is the subject of these Covenants consists of four (4) Lots (collectively "the Lots") situate in Section 36, Township 7 South, Ranch 88 West and Section 31, Township 7 South, Range 87 West, all in the 6th Principal Meridian, Garfield County, Colorado, and described as follows: Lot 1, Lot 2, Lot 3 and Lot 4, Coffman Ranch Subdivision Exemption North Parcel Plat (hereinafter the "Plat") recorded as Reception No. 6G33}9L in the records of the Clerk and Recorder of Garfield County, Colorado. 2. Access, Utility and Well Easement. Each of the Lots shall be subject to and have the benefit of that certain access, utility and well easement depicted on the Plat and described on Exhibit "A" attached hereto and incorporated herein by this reference. Said easement herein described shall be for the exclusive use of the owners of the Lots and their guests and invitees for access, utility and well maintenance purposes, subject to the conditions and limitations herein contained. Any utilities installed in the easement shall be placed underground except for pedestals and other above ground equipment customarily used in connection with underground utility installations. 3. Homeowners Association. The owners of the Lots shall constitute an unincorporated non-profit homeowners association pursuant to the Colorado Uniform Unincorporated Non -Profit Association Act known as the Coffman North Parcel Homeowners Association (the "Homeowners Association"). The Homeowners Association shall be responsible for enforcing these Covenants as hereinafter provided. 4. Common Water System. Lots 1, 2 and 3 are served by a common water system as defined in those certain Common Weil Covenants of the Coffman Ranch Subdivision Exemption North Parcel recorded concurrently herewith, which Common Well Covenants may be enforced as therein provided. 5. Irrigation Water. The Homeowner's Association shall receive and hold 0.36 cfs of water in the Slough Ditch and Banning Lateral, Ditch No. 193, priority Nos. 274 and 309 as decreed in the District Court of Garfield County, Colorado. The owners of Lots 1, 2 and 3 shall each have • 1 111111 11111 1111111 111 111111 1111 1111111111 11111 1111 1111 663144 11/09/2004 09:56A 81638 P33 tt ALSDORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO the exclusive right to use one-third 0/3) of said water, being 0.12 cfs, which right shall be an appurtenance to each of said Lots. Each lot owner shall have an easement for diversion of said water right to their respective lot, which easement is reflected on the Plat. The Homeowner's Association shall enforce the diversion and use of such water rights consistent with the respective rights of the owners of the Lots. 6. Restrictions. No buildings, structures or other improvements shall be constructed, erected, installed or otherwise permitted on or over the easement and license area herein described which would limit or restrict the use of the easement and license area for the purposes herein provided. 7. Road Maintenance and Repair. An all -season surfaced road for access to all of the Lots shall be constructed and maintained within the easement and license area hereinabove described. Unless otherwise agreed by all of the owners of a majority of the Lots, said road surface shall be graveled. Maintenance of the common road shall include snow plowing and snow removal from the road as necessary to assure winter access to all Lots. The owner of each Lot shall bear the cost of and be solely responsible for the construction, maintenance and repair of the driveway or access road extending from the common road to serve such owner's Lot. 8. Maintenance Costs. The Lot owners shall equally share the cost of maintaining the common road which shall include periodic grading, crowning and graveling of the road as necessary to maintain the road for year-round use by standard two -wheel drive vehicles. 9. Payment of Expenses. All expenses to be paid by a Lot owner hereunder shall be paid within twenty (20) days after such owner receives notice of such expense. If an owner fails to pay such owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the twenty (20) day period when such payment is due. If the non-paying owner fails to pay any amount due hereunder within sixty (60) days after the date due, the Homeowners Association may exercise such legal or equitable remedies as are available to collect such unpaid amounts, including interest, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 10. Enforcement. The Homeowners Association or an owner of any Lot shall have the right to enforce, by any proceeding at law or in equity, the covenants herein contained. Failure to enforce any covenant shall not be deemed a waiver of the right to do so thereafter. The party prevailing in any action for enforcement of these covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. 11. Severability. Each of the covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 12. Amendment and Termination. The covenants and agreements herein contained shall continue in full force and effect for a period of twenty (20) years and from year to year thereafter until amended or terminated by written instrument executed by the owners of all of the Lots. 2 • 1 • 1 I111I111111111111111111111111111111111 111 11111 ILII 1111 663144 11/09/2004 09:56A B1638 P34 M ALSDORF 3 of 4 R 21.00 0 0.00 GARFIELD COUNTY CO 13. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the owner or owners as shown in the records of the office of the Assessor of Garfield County, Colorado_ 14. Multiple Owners/Successors. Any reference in these Covenants to a Lot owner shall be deemed to include all owners of such Lot, collectively, and shall also refer to all successors of such owner or owners. SIGNED this 3 "d day of We UPrn lu r- , 2004. STATE OF COLORADO ss. COUNTY OF GARFIELD Rex A. Coffman o 1. nn G. Coffman The foregoing instrument was acknowledged before me this , -3174 day ofitiZenthej 2004, by Rex A. Coffman and Jo Ann G. Coffman. Witness my hand and official fea1. My commission expires: 711 67 Notary Public • • i 1111111111111111111111111111111111111111! 11111 1111 1111 653144 11/09/2004 09:56A 81638 P35 M ALSDORF 4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO 30 FOOT ACCESS, UTILITY AND WELL EASEMENT (TO LOTS 1, 2, AND 3 OVER AND ACROSS LOT 4) A 30.00 FOOT ACCESS, UTILITY AND WELL EASEMENT SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SDXTH PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD #100, WHENCE A FOUND G.L.O. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S.26'26'43" E. 638.27 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENT N.58"52'55"W. 70.52 FEET: THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 180.86 FEET, A CENTRAL ANGLE OF 9057'11" AN ARC LENGTH OF 287.11 FEET ( CHORD BEARS N.20'48'43"W. 257.90 FEET); THENCE S.89'5811"E. 76.65 FEET; THENCE N80'0227'sE. 266.55 FEET; THENCEN.63.08'55"E. 182.86 FEET; 'THENCE N.87'09'51 "E. 39.00 FEET; THENCE N.00'08'04"W. 60,.04 FEET TO THE POINT OF TERMINUS. EXHIBIT "A" • • • AMENDED AND RESTATED COVENANTS FOR COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL GARFIELD COUNTY, COLORADO This AMENDED AND RESTATED COVENANTS FOR COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL is made and entered into this day of . 2009, by the undersigned owners, being all of the owners of that certain Garfield County, Colorado, real property hereinafter described. and said owners do hereby declare and establish that said real property shall be held, owned, conveyed, encumbered, leased, rented, used, and occupied subject to the following covenants, restrictions, conditions, easements, and obligations which shall run with the land and shall be binding on all persons having or acquiring any right, title, or interest in said real property, to -wit: 1. Amendment and Restatement. Those certain Covenants for Coffman Ranch Subdivision Exemption North Parcel recorded in the Office of the CIerk and Recorder of Garfield County, Colorado on November 9, 2004.as Reception No. 663144 are hereby amended and restated in their entirety. 2. Real Property. The real property which is the subject of these Covenants consists of four (4) Lots (collectively "the Lots") situate in Section 36, Township 7 South, Ranch 88 West and Section 31, Township 7 South, Range 87 West. all in the 6th Principal Meridian, Garfield County, Colorado, and described as follows: Lot 1, Lot 2. Lot 3 and Lot 4, Coffman Ranch Subdivision Exemption North Parcel Plat (hereinafter the "Plat") recorded November 9, 2004 as Reception No. 663142 in the records of the Clerk and Recorder of Garfield County, Colorado. Lot 4 was subsequently subdivided into two (2) Parcels in accordance with the Doug Coffman Subdivision as depicted on the Final Plat recorded as Reception No. in the records of the Garfield County Clerk and Recorder's Office (the "Doug Coffman Subdivision Final Plat"). 3. Access. Utility and Well Easement. Each of the Lots shall be subject to and have the benefit of that certain access, utility and well easement depicted on the Plat and described on Exhibit "A" attached hereto and incorporated herein by this reference. Said easement herein described shall be for the exclusive use of the owners of the Lots and their guests and invitees for access, utility and well maintenance purposes, subject to the conditions and limitations herein contained. Any utilities installed in the easement shall be placed underground except for pedestals and other above ground equipment customarily used in connection with underground utility installations. • • • 4. Homeowners Association. The owners of the Lots shall constitute an unincorporated non-profit homeowners association pursuant to the Colorado Uniform Unincorporated Non -Profit Association Act known as the Coffman North Parcel Homeowners Association (the "Homeowners Association"). The Homeowners Association shall be responsible for enforcing these Covenants as hereinafter provided. 5. Common Water System. Lots 1, 2 and 3 are served by a common water system as defined in those certain Common Well Covenants of the Coffman Ranch Subdivision Exemption North Parcel recorded concurrently herewith, which Common Well Covenants may be enforced as therein provided. Parcel 2 of the Doug Coffman Subdivision shall own, maintain and operate its own domestic well and individual sewage disposal system and pay all associated costs. 6. Irrigation Water. The Homeowner's Association shall receive and hold 0.36 cfs of water in the Slough Ditch and Banning Lateral, Ditch No. 193, priority Nos. 274 and 309 as decreed in the District Court of Garfield County, Colorado. The owners of Lots 1, 2 and 3 shall each have the exclusive right to use one-third (1/3) of said water, being 0.12 cfs, which right shall be an appurtenance to each of said Lots. Each lot owner shall have an easement for diversion of said water right to their respective lot, which easement is reflected on the Plat. The Homeowner's Association shall enforce the diversion and use of such water rights consistent with the respective rights of the owners of the Lots. 7. Restrictions. No buildings, structures or other improvements shall be constructed, erected, installed or otherwise permitted on or over the easement and license area herein described which would limit or restrict the use of the easement and license area for the purposes herein provided. 8. Road Maintenance and Repair. An all -season surfaced road for access to Lots 1, 2, and 3 has been constructed and shall be maintained within the easement and license area hereinabove described. Unless otherwise agreed by all of the owners ofa majority of said Lots, said road surface shall be graveled. Maintenance of the common road shall include snow plowing and snow removal from the road as necessary to assure winter access to all Lots. The owner of each of Lot shall bear the cost of and be solely responsible for the construction, maintenance and repair of the driveway or access road extending from the common road to serve such owner's Lot. The owner of Parcel 2 of the Doug Cofffman Subdivision shall construct and maintain a private road for access to said property. 9. Maintenance Costs. The owners of Lots 1, 2, and 3 shall equally share the cost of maintaining the common road that serves their properties which shall include periodic grading, crowning and graveling of the road as necessary to maintain the road for year-round use by standard two -wheel drive vehicles. The owner of Parcel 2 of the Doug Coffman Subdivision shall pay for all costs associated with maintaining the access road to said property. 10. Payment of Expenses. All expenses to be paid by a Lot owner hereunder shall be paid within twenty (20) days after such owner receives notice of such expense. If an owner fails to pay such owner's share of an expense as herein provided, such unpaid amount shall a AK,ZI TMAN,w.raa.......,«m lwee 2 • • accrue interest at the rate of one percent (1%) per month, compounded monthly, conunencing at the end of the twenty (20) day period when such payment is due. If the non-paying owner fails to pay any amount due hereunder within sixty (60) days after the date due. the Homeowners Association may exercise such legal or equitable remedies as are available to collect such unpaid amounts, including interest. in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 11. Enforcement. The Homeowners Association or an owner of any Lot shall have the right to enforce, by any proceeding at law or in equity, the covenants herein contained. Failure to enforce any covenant shall not be deemed a waiver of the right to do so thereafter. The party prevailing in any action for enforcement of these covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. 12. Severability. Each of the covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 13. Amendment and Termination. The covenants and agreements herein contained. shall continue in full force and effect for a period of twenty (20) years and from year to year thereafter until amended or terminated by written instrument executed by the owners of all of the Lots. 14. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the owner or owners as shown in the records of the office of the Assessor of Garfield County, Colorado. 15. Multiple Owners/Successors. Any reference in these Covenants to a Lot owner shall be deemed to include all owners of such Lot, collectively, and shall also refer to all successors of such owner or owners. SIGNED this day of , 2009. REX ALLEN COFFMAN REVOCABLE TRUST By: Rex Allen Coffman, Trustee JOANN G. COFFMAN REVOCABLE TRUST By: Jo Ann G. Coffman, Trustee OADIC 1.1,014MGrarosis.Nerii P.td 3 • • Ron Lloyd Michelle Lloyd David Reed Charles Cole Summer Cole STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. The foregoing instrument was acknowledged before me this day of , 2009, by Rex A. Coffman as Trustee of the Rex Allen Coffman Revocable Trust and Jo Ann G. Coffman as Trustee of the JoAnn G. Coffman Revocable Trust. Witness my hand and official seal. My commission expires: 0 ,U%M.ISFFMnhRPMM%here F«a? 4 Notary Public • • • STATE OF COLORADO COUNTY OF GARFIELD ) ) ss. The foregoing instrument was acknowledged before me this day of , 2009, by Ron Lloyd and Michelle Lloyd. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of , 2009, by David Reed. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of , 2009, by Charles Cole and Summer Cole. Witness my hand and official seal. My commission expires: 9'.PK'{QPEMAN P rr.. ..tiwi Fra 5 Notary Public 30 FOOT ACCESS, UTILITY AND WELL EASEMENT (TO LOTS 1, 2, AND 3 OVER AND ACROSS LOT 4) A 30.00 FOOT ACCESS, UTILITY AND WELL EASEMENT SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD #100, WHENCE A FOUND G.L.Q. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S.26'26'43" E. 638.27 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENT N.58`52'55"W. 70.52 FEET: THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 180.86 FEET, A CENTRAL ANGLE OF 90'57'11" AN ARC LENGTH OF 287.11 FEET ( CHORD BEARS N.20'48'43"W. 257.90 FEET); THENCE S.89'58'1 I "E. 76.65 FEET; THENCE N80'02 27"E. 266.55 FEET; THENCE N.63'08'55"E. 182.86 FEET; THENCE N.87`09'51 "E. 39.00 FEET; THENCE N.00'08'04"W. 60.04 FEET TO THE POINT OF TERMINUS. EXHIBIT "A" • • • May 20, 2009 Rex Coffman 1837 Rd 100 Carbondale, CO 81623 Re: Culvert Installation on Coffman Property Dear Rex Coffman: As you may know, I am in the process of creating one new lot on the Coffman Ranch property located north of County Road 100, 1.7 miles east of Carbondale, Colorado. The lot will be approximately nine (9) acres in size located on the northeast comer of the Ranch next to the Roaring Fork River. The creation of this one (1) lot requires that 1 comply with Garfield County's regulations for subdivision. In order to access the new lot, a culvert needs to be built over the Slough Ditch in the general location on the draft map attached hereto as Exhibit "A." Also attached is a letter from Michael Erion, a water resources engineer, dated May 13, 2009 with additional information on the proposed work (attached as Exhibit "B"). You are receiving this letter as an alleged owner of water rights in the Slough Ditch. Please contact me if you have any questions or concerns with the proposed culvert or wish to discuss this matter in greater detail. If 1 do not hear back from you, I will assume that you are agreeable to our proposed construction of a culvert. Thank you for your time. Doug Coffman 1164 Rd 113 Carbondale, CO 81623 945-1013 1- co W w242-14,2 (242) 10919 `04Y+dS ,numv 219 aims PIM Paiwaagi d3.t V2IOdb+O3NJ s7yII i' AIONUVDS 14 +. 1 .60 anv 6 HU A a� WYlIM I,Pr - Ian manna ell N 9L] L -37O IM1I4OJ .570/67 0.7 'rte w -4a Abi Pala .ase# u M7 9 s m4fry i 7 siN S.6470/7441 ,../ .IWJN/J alar aixraax.,< za 1— Gr) p 11 r CO Z co I— ^ U_V / Z '�. { I1"V 1 1 1 -m l L (f) ~ co z p z 1__L u (0 z 0 0 Go - z UJ <Oz 0_ - 0 0 LLi <z 3 Z O z 1— 0 W I - (f) c z CD 0 CD 0 z CD 00 LU LL C7 2 == v $� �3 t L‘— „r4 Ree" $ aqn hi •§4 M7- ~ 7r.} n z M , x1101'11.0`3 Q1 E / 5 00.26'40" E\ dO 1..l00 502.39' 1011 +1 (n CeICt UJ C)Q LA 11 (J (D -43 d LO,_ 0- Q N M r o 0 mm a:i ub x amu. n ava , 5O' Z6OZ 1. ,IEE,OI,OO 11 1111111111111111111111 11 :M .00 '966 ....• ::RESOURCE t1lrt11s■ M®rlIIIIS E N G I N E E R I N G I N C. Douglas Coffman 1164 C R 113 Carbondale CO 81623 RE: Driveway Culvert for the Slough Ditch and Banning. Lateral Dear Doug: 5 EXHIBIT i May 13, 2009 At your request, Resource Engineering, Inc. (RESOURCE) has analyzed the culvert requirement for your proposed driveway crossing of the Slough Ditch and Banning Lateral. A total of 51.26 cfs is decreed to the Slough Ditch and Banning Lateral. Diversion records maintained by the Division of Water Resources indicate a peak diversion of 45 cfs in 1986. The ditch typically diverts between 15 and 25 cfs. Upstream of your proposed driveway is a 5 -foot round culvert in the ditch and downstream of your driveway location is a "4 -foot squash pipe' (71" x 47" archpipe) in the ditch. Either the 5 -foot diameter round pipe or the equivalent arch pipe are more than adequate for your driveway crossing and are consistent with other culvert improvements in the ditch. The arch pipe may be preferable due to its lower profile and wider base that matches better with the ditch geometry. The 5 -foot pipe has a capacity of approximately 90 cfs and the equivalent arch pipe has a capacity of approximately 100 cfs. Either pipe would flow approximately half full at 51 cfs and one-third full at 25 cfs. This allows plenty of room for deposition of rocks and sediment or other debris blockage without impeding the flow of the ditch. The pipe should be installed to match invert of the ditch channel_ The pipe should extend a minimum of 8 feet (2 foot shoulder plus 6 feet for the fill slope) beyond the edge of the driving surface. The pipe should be installed with a compacted soil backfill that is free of rocks larger than 2 inches and provides a minimum of 12 inches of cover over the top of the pipe Please call if you have any questions or need additional information Sincerely, RESOURCE E GINEERING, INC. Michael J. Eri Water Reso ces Engineer MJE/II 965-2.0 K- CJient1965 GOFFMA02-0 Doug and JuiekDaug Coffman re Driveway 05.09-doc Consulting Engineers and Hydrologists 909 Colorado Avenue • Glenwood Springs,, CO B1601 S (970) 945-5777 m Fax (970) 94S-1137 • rdgc t 01 1 Douglas Coffman From: "REX JOANNE COFFMAN" <rexandjo4@q.com> To: "Doug Coffman" <7barx@wildblue.net> Sent: Tuesday, June 02, 2009 8.42 AM Subject: Culvert Instalation on Coffman Property This correspondence I am sending is an answer to a letter 1 received from Doug Coffman dated May 20, 2009 regarding the installation of a culvert on Coffman proptery. Coffman Ranch has 22% of the adjudicated water rights out of the Slough Ditch. The culvert in the ditch for ingress and egress has my approval to the proposed building lot he is in the process of obtaining through sub -division from Garfield County Signed: REX A. COFFMAN 1837 100 ROAD CARBONDALE, CO 6/2/2009 May 27, 2009 Doug Coffman 1164 County Rd. 113 Carbondale, Co 81623 Re: Culvert Installation on Coffman Property Doug, As Association Manager for the Roaring Fork Preserve, I have obtained consent from seven of the eight property owners as of this date, representing eight of the nine parcels. The feedback al] respondants is unanimous in favor of "no objections' to your proposal, and is inclusive of all Board members' input. As such, you may consider this as formal notification that the Roaring Fork Preserve owners are advised of your plans and have no objections. Thank you. Jay Denton Association Manager, Roaring Fork Preserve Cc: File 326 Highway 133, Suite 120 - Carbondale, CO 81623 - Office (970)963-4900 - Fax (970) 963-4800 Quarles Ar, Mr. Doug Coffman 1164 Rd 113 Carbondale, CO 81623 Dear Mr. Coffman: LLP 300 North LaSalle Street Suite 4000 Chicago, Illinois 60654 Tel 312.715.5000 Fax 31'.715.5155 www.quarles.com Attorneys at Law in: Phoenix and Tucson, Arizona Naples, Florida Chicago. Illinois Milwaukee and Madison, o'iscansin THOMAS A. POLACHEK Writer's Direct Dial: 312.715.5031 E -Mail: thomas.polachek@quarles.corn June 1, 2009 Re: Culvert Installation on Coffman Property • 1 received a copy of your letter dated May 20, 2009 addressed to Larry Gerbaz. 1 am writing in my capacity as the Managing Member of 100 Road Cattle Company LLC. Please be advised that we have no objection to the installation of a culvert for your proposed driveway with the use of a 5' round culvert and 5" pipe as described in Resource Engineering Inc.'s letter of May 13, 2009. We do require, however, that you, as owner of the property, and any subsequent owners be required to maintain the culvert and pipe and to keep it free of debris and blockage. This requirement should be made a matter of public record. If there is anything further, please let me know. TAP/db QB18136447. l Very truly yours, /! f ev t m0 Pct E Thomas A. Polachek May 20. 2009 Marian Nilsen 489 Rose Lane Carbondale, CO 81623 Re: Culvert Installation on Co man Property Dear Marian: As you may know, I am in the process of creating one new lot on the Coffman Ranch property located north of County Road 100, 1.7 miles east of Carbondale, Colorado. The lot will be approximately rune (9) acres in size located on the northeast corner of the Ranch next to the Roaring Fork River. The creation of this one (1) lot requires that I comply with Garfield County's regulations for subdivision. In order to access the new lot, a culvert needs to be built over the Slough Ditch in the general location on the draft map attached hereto as Exhibit "A." Also attached is a letter from Michael Erion, a water resources engineer, dated May 13, 2009.with additional information on the proposed work (attached as Exhibit "B"). You are receiving this letter as an alleged owner of water rights in the Slough Ditch. Please contact me if you have any questions or concerns with the proposed culvert or wish to discuss this matter in greater detail. If I do not hear back from you, I will assume that you are agreeable to our proposed construction of a culvert. Thank you for your time. Sincerely, Doug Coffman 116 t'd 1'3 iqs --/O'3 'r623 Acc Tit (.3 Pro Q (_ • 5 !o May 20, 2009 Paul Nieslanik 0481 Rd. 100 Carbondale, CO 81623 Re: Culvert Installation on Coffman Property Dear Paul and Cilia: As you may know, I am in the process of creating one new lot on the Coffi;Ian Ranch property located north of County Road 100, 1.7 miles east of Carbondale, Colorado. The lot will be approximately nine (9) acres in size located on the northeast corner of the Ranch next to the Roaring Fork River. The creation of this one (1) lot requires that 1 comply with Garfield County's regulations for subdivision. In order to access the new lot, a culvert needs to be built over the Slough Ditch in the general location on the draft map attached hereto as Exhibit "A." Also attached is a letter from Michael Erion, a water resources engineer, dated May 13, 2009 with additional information on the proposed work (attached as Exhibit "B"). You are receiving this letter as an alleged owner of water rights in the Slough Ditch. Please contact me if you have any questions or concerns with the proposed culvert or wish to discuss this matter in greater detail. If I do not hear back from you, I will assume that you are agreeable to our proposed construction of a culvert. Thank you for your time. / —Le)(2-ez."-ee.„ Sincerely, r 1)16i-6" Doug Coffman 11i - f2.4 1 t3 q5 --f©)3 Fr - e (-4 SLOUGH DITCH USERS 1. John (Jack) Jacobsen 704-1970 P.Q. Box 129 Carbondale 2. Royal Laybourn 963-3422 R_F. Building Specialities Bus # 927-9847 291 Mountain View Drive Carbondale 3. Marian Nilsen 963-2038, 309-4223— 489 Rose Lane Carbondale A guy by the name of Petersen works for her 4. Henry Hite 920-2060 0086 Buchanan Dr. Aspen 81611 Ranch manager is Brad 963-4415 0302 Goose Ck Rd Carbondale 5. Buck Deane 963-2149 0477 Rose Lane Carbondale 6. Larry Gerbaz 963-3796 P.O. Box 1325 Carbondale -said he would get it of the proper person to sign 100 Rd. Cattle Co. LLC 500 W. Madison St. #3700 Chicago , IL 60661 7. George Kilby 963-4753 or 256-237-7289 FAX 256-236-2174 Mayfly Bend Ranch 345 Ponderosa Pines Way Carbondale Son is Tom 963-2566 cell 970-901-1190 220 Holland Thompson Drive C -dale address for George 505 Sandy Lane Anniston, Alabama 36207 Tom said to send him and his dad a copy to make sure George gets it 8. Paul Nieslanik 963-2952 0481 Rd. 100 Carbondale 9. Jay Dentin 963-4900, 948-5440 cell Silver Mt. Properties Head of home owners assn. of Preserve Mail to: Jay Dentin Roaring Fork Owners c/o Jay Dentin -Assn. Manager Silver Mountain Properties 326 Hwy 133 Carbondale Fax: 9634800 email jay@smprop.com 10. Bernard and Sidney Poncelot 309-2046 They are separate from the Preserve 855 Rose Lane Carbondale European Antiques 963-4438 11. Alain Leval 875 Rose Lane Phone # ? (Boyds old place) 12. Bill Hewitt 480-595-6000 Steve Cutter for Bill 303-618-4654 13. Dr. Bill Hutton 214-766-1080 5231 Farquhar Dallas, TX 75209 14. Tom Baily 963-4817 1000 Blue Heron Lane Carbondale Used to Barry Hansel and Judy Detweiler and Dale Eubank 15. Chuck Cole 704-0347 2341 Rd. 100 Carbondale • 3 FIRE • EMS • RESCUE May 8, 2009 Mr. Doug Coffman 1164 County Road 113 Carbondale, CO 81623 RE: Garfield County Subdivision Approval Coffman Subdivision, County Road 100 Dear Doug: This letter is a follow up to our conversation this past week regarding Garfield County's conditions of approval for your subdivision. Item number two of the conditions requires the Fire District's approval of the design for the crossing across the Slough Ditch. Per our conversation, a properly installed culvert is an acceptable means for the ditch crossing. 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 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 WILDFIRE HAZARDS STATEMENT The proposed Doug Coffman Subdivision, as identified on the Garfield County Wildfire Hazards Map, does not fail in a Wildfire Hazards area or within a fire chimney as identified by the CFSF. Nor will developement of the subdivision increase the potential wildfire hazard, • • • STEWART TITLE OF GLENWOOD SPRINGS, INC. 1620 GRAND AVENUE GLENWOOD SPRINGS, CO 81501 (970) 945-5434 FAX NO. - (970) 945-7081 June 09, 2009 ORDER NO. 426-C2 4111/ RE; COFFMAN/TBD Thank you For using Stewart Title! In connection with the above Order Number, pleaee find attached the following: TITLE CON,MITMENT AMENDED COMMITMENT X ENDORSEMENT Please direct all CLOSING questions to: TITLE ONLY FILE Please direct all TITLE questions to: SUSAN SARVER Phone: 970-945-5434 e-mail: suaan.sarver@etewart.com Buyer: TO BE DETERMINED Buyer's Agent: TO BE DETERMINED Seller: REX & JOANN COFFMAN REVOCABLE TRUST SCHEDULE B EXCEPTION DOCUMENTS HAVE BEEN :ENT TO: NONE REQUESTED PLEASE READ CAREFULLY 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. 2. Only the policies shown are Committed to. If there are any changes in the transaction, order an endorsement from us. Stewart Title reserves the right to add and/or delete requirements and/or exceptions accordingly. 3. The date on this Commitment is important. NOTHING after that date has been considered by us. 4. This commitment is good for 6 months only. Extensions should be ordered from us if they are needed. STEWART TITLE GUARANTY COMPANY Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: -- Information we receive from you, such as on applications or other forms. -- Information about your transactions we secure from our files, or from our affiliates or others, -- Information we receive from a consumer reporting agency. -- Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: -- Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. -- Non-financial companies such as envelope staffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Fnc Na. 426 Srew.et Tilk or Glenwood spring:, I .. Privacy Polley Notice (Page 1) Rev. 0712001 (YPPNI) • • SCHEDULE A Order Number: 426-C2 1. Effective date: May 18, 2009 at 6:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Proposed Insured: TO BE DETERMINED (b) A.L.T.A. Loan Proposed Insured: TO BE DETERMINED, ITS SUCCESSORS AND/OR ASSIGNS (c) Leasehold Proposed Insured: Amount of Insurance $ TSD $ TBD $ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: REX ALLEN COFFMAN REVOCABLE TRUST AND JOANN G. COFFMAN REVOCABLE TRUST 5. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION Purported Address: STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued. TO BE DETERMINED LOT 4 (REMAINDER PARCEL) A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12 AND 13, AND PORTIONS OF GOVERNMENT LOTS 15, 16, AND 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN; ALSO A PORTION OF GOVERNMENT LOT 14 OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 13 (WHENCE THE WITNESS CORNER BEING A FOUND #6 REBAR AND ALUMINUM CAP L.S. #26950 BEARS S. 00°10'33" E. 10.00 FEET; THENCE N.89°03'22" E. 885.38 FEET ALONG THE NORTHERLY LINE OF SAID LOT 13 TO THE NORTHWEST CORNER OF SAID LOT 12; THENCE N. 89012'48" E. 494.20 FEET ALONG THE NORTHERLY LINE OF SAID LOT 12 TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE S. 00°45'20" E. 697.53 FEET ALONG THE EASTERLY LINE OF SAID LOT 12, TO THE SOUTHEAST CORNER OF SAID LOT 12; THENCE S. 00°26'40" E. 602.39 FEET ALONG THE EASTERLY LINE OF LOT 17 TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N. 88031'40" E.1216.62 FEET ALONG THE NORTHERLY LINE OF SAID LOT 17; THENCE LEAVING SAID NORTHERLY LINE S. 00°34'37" E. 393.41 FEET; THENCE S. 42°29'00" E. 314.67 FEET; THENCE S. 60°16'32" E. 46.49 FEET; THENCE S. 89°5811" E. 63.14 FEET; THENCE N. 80°0227" E. 267.98 FEET; THENCE N. 63°08'55" E. 181.90 FEET; THENCE N. 87°09'51" E. 165.34 FEET; THENCE N. 00°12'09" W. 535.23 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N. 88031'40" E. 57.60 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE N. 88°31'40" E. 499.88 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14 TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE S. 00030'00' E. 721.07 FEET ALONG THE EAST LINE OF SAID LOT 14 TO A POINT ON AN EXISTING FENCE, ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 100; THENCE ALONG SAID FENCE AND THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FOURTEEN (14) COURSES: 1) S. 79°49123" W. A DISTANCE OF 47.58 FEET; 2) S. 73°3F13" W. A DISTANCE OF 120.98 FEET; 3) S. 69°43'21" W. A DISTANCE OF 189.48 FEET; 4) S. 74°4725" W. A DISTANCE OF 129.37 FEET: 5) 5.81°33'50" W. A DISTANCE OF 622.29 FEET; 6) S. 81°11'21" W. A DISTANCE OF 701.96 FEET; 7) S. 81'30'50" W. A DISTANCE OF 984.74 FEET; 8) S. 83°53'04" W. A DISTANCE OF 314.48 FEET; 9) S 86°24'26" W. A DISTANCE OF 159.69 FEET; 10) S. 87°37'15" W. A DISTANCE OF 112.30 FEET; 11) S. 89°05'08" W. A DISTANCE OF 423.29 FEET; 12) S. 88°16'36" W. A DISTANCE OF 122.16 FEET; 13) N. 88°14'12" W. A DISTANCE OF 146.07 FEET; 14) N. 83°44'01" W. 61.10 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 763 PAGE 727; THENCE CONTINUING ALONG SAID FENCE LINE AND THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FIVE (5) COURSES: 1)N, 88°09'40" W. A DISTANCE OF 178.03 FEET; 2) S. 89°41'20" W. A DISTANCE OF 149.39 FEET; 3) S. 89°04'10'1W. A DISTANCE OF 283.80 FEET; 4) S. 88°44'28" W. 30.21 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; 5) S. 88°44'33" W. 511.81 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; THENCE LEAVING SAID FENCE AND NORTHERLY RIGHT OF WAY LINE N. 15°30'44" E. 192.83 FEET TO THE NORTHWEST CORNER OF SAID BOOK AND PAGE; THENCE S. 87°21'45" E. 227.54 FEET; THENCE N. 79°07'46" E. 120.81 FEET; THENCE S. 84°37'27" E. 114.68 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 727; THENCE S. 83°21'34" E. 156.50 FEET; THENCE N. 82°04' 26" E. 266.62 FEET; THENCE N. 79°04'46" E. 220.50 FEET; THENCE N. 02°44'09" E. 115.26 FEET; THENCE N. 22°09'51" E. 22.72 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 16; THENCE N. 00°10'33" W. 1411.61 FEET ALONG THE WESTERLY LINE OF SAID LOT 16 TO THE SOUTHWEST CORNER OF SAID LOT 13; THENCE N.00°10133" W. 680.44 FEET ALONG THE WES 1hRLY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 13, SAID POINT ALSO BEING THE POINT OF BEGINNING. ALSO KNOWN; LOT 4 (Remainder Parcel) of the Coffrnan Ranch subdivision Exemption North Parcel Plat, filed as Reception No. 663142. r • • Order Number: 426 SCHEDULE $ Section I REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Execution of Affidavit as to Debts and Liens, which is attached or will be provided at cloning. 2. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 3. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 CF THE OWNERS POLICY: A SURVEY, meeting the minimum detail standards of the ALTh/ACSM, Survey OR IMPROVEMENT LOCATION CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY_ Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make further inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. 4. Deed from vested owner, vesting fee wimple title in purchaser(s). 5. Deed of Trust from the Borrower to the Public Trustee for the use of the propoeed lender to secure the loan. Stewart Title of Glenwood Springs reserves the right to add and/or delete requiremente and/or exceptions upon disclosure of additional information relating to subject property. • • • Order Number: 426 SCHEDULE B Section 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: I. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax galea. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 1, 1895 in Book 12 at Page 358 as Reception No. 18288. 10. Right of the proprietor of a vein or lode to extract and'remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 1, 1895 in Bock 12 at Page 358 as Reception No. 18288. 11. Special Warranty Deed recorded February 21, 1888 in Book 14 at Page 308 as Reception No. 6321. 12. Map and Statement of Slough Ditch recorded January 14, 1891 as Reception No. 12114. 13. Map and Statement of Slough Ditch recorded January 14, 1891 as Reception No. 12117. 14. Highway Plat recorded January 3, 1500 as Reception No. 22259. 15. Quit Claim Deed recorded June 7, 1927 in Book 133 at Page 550 as Reception No. 98637. 16. Map of Road recorded March 15, 1934 as Document No. 117012. Continued on next page • • Continuation of Schedule B - Section 2 Order Number: 426 17. Rights and Reservations in. Warranty Deed recorded November 24, 1958 in Book 312 at Page 312 as Reception No. 203497, and any and all assignments of record, or otherwise, thereof, or interests therein. 18. Rocky Mountain Natural Gas Transmission Line recorded May 4, 1962 in Book 3 at Page 125 as Reception No. 217443. 19. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by natural or other than natural causes, or alteration through any cause, natural or unnatural, of the center thread, bank, channel or flow of waters in the Roaring Fork River lying within the subject land; and any question as to the location of such center thread, bed, bank, or channel as a legal description monument or marker for the purposes of describing or locating subject lands. 20. Any adverse claim based upon the assertion that (a) some portion of the land forms the bed or bank of a navigable river or lake, or lies below the mean high water nark thereof; (b) the boundary of the land has been affected by a change in the course or water level of a navigable river or lake; (c) the land ie subject to water richts, claims or title to water and to any law or governmental regulation pertaining to wetlands; (d) the public's rights to use the waters. 21. Right of way Easement recorded May 4, 1970 in Book 410 at Page 34 as Reception No. 246246. 22. Warranty Deed recorded November 24, 1958 in Book 312 at Page 390 as Reception No. 203497, and any and all aaaicnmente of record, or otherwise, thereof, or interests therein. 23. Decree for Union Ditch No. 186-A recorded June 5, 1937 in Book 186 at Page 157 as Reception No. 128288. 24. Decree for Slough Ditch and Banning Lateral No. 193 recorded June 5, 1937 in Book 189 at Page 160 as Reception No. 128289. 25. Right of Way Easement recorded November 19, 1970 in Book 415 at Page 98 as Reception No. 248174. 26. Right of Way Easement recorded October 29, 1973 in Book 451 at Page 261 as Reception No. 260489. 27. Right of Way Easement recorded March 11, 1981 in Book 567 at Page 113 as Reception No. 312735. 28. Resolution No. 81-366 recorded December 10, 1981 in Book 567 at Page 952 as Reception No. 322424. 29. Agreement for Easement recorded June 6, 2002 in Book 1361 at Page 74 as Continued on next page Continuation of Schedule B - Section 2 Order Number: 426 Reception No. 604855. 30. Matters disclosed on the Coffman Subdivision Exemption Plat recorded August 11, 2003, as Reception No. 633844. 31. Resolution No. 2003-60 recorded august 12, 2003, in Book 1504 at Page 481 as Reception No. 633906. 32. Matters disclosed in Deed of Conservation Easement in Gross, recorded December 19, 2003 in book 1548 at Page 734 as Reception No. 643445 and Amended and Restated Deed of Conservation Easement in Gross, recorded December 16, 2004 in Book 1648 at Page 34 as Reception No. 665169. 33. Matters disclosed in Quitclaim Deed recorded December 19, 2003 in Book 1546 at Page 782 as Reception No. 543446 and rerecorded February 25, 2004, in Book 1563 at Page 644 as Reception No. 647167. 34. Holy Cross Energy Right -of -Way Easement, recorded May 3, 2004 in Book 1584 at Page 381 as Reception No. 651471. 35. Resolution No. 2004-111 recorded November 9, 2004 in Book 1638 at Page 14 as Reception No. 663141. 36. Matters disclosed on the Coffman Ranch Subdivieion Exemption North Parcel Plat, recorded November 9, 2004 as Reception No. 663142. 37. Common Well Covenants Coffman Ranch Subdivision Exemption North Parcel, recorded November 9, 2004 in Book 163B at Page 27 as Reception No. 663142. 38. Covenants for Coffman Ranch Subdivision Exemption North Parcel, recorded November 9, 2004 in Book 1638 at Page 32 as Reception No. 663144. 39. Covenants for Transfer Fee Coffaman Ranch Subdivision Exemption North Parcel, recorded December 28, 2004 in Book 1651 at Page 312 as Reception No. 665986. 40. Trench, Conduit and Vault Agreement, recorded August 5, 2005 in Book 1714 at Page 125 as Reception No. 679557. 41. Holy cores Energy Underground Right -of -Way Easement, recorded August 5, 2005 in Book 1714 at Page 137 as Reception No. 579563. 42. Matters disclosed in the General Warranty Deed recorded June 28, 2008 as Reception No. 749269. Stewart Title of Glenwood Springs reserves the right to add and/or delete requirements and/or exceptions upon disclosure of additional information relating to eubject property. DISCLOSURE Order No.: 426 To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the properly; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: File No. 426 Stewart Title of Glcnnood Sprlope, Ine. Rey. 07/2001 (YDtSCLOSE) DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAKING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Glenwood Springs, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmert's liens. D. The company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED, Order No. 42 6 Disclosures ("YSDD) R cv. 10199 • STEWART TITLE OF GLENWOOD SPRINGS, INC. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whorn it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Glenwood Springs, Inc. We may collect nonpublic personal information about you from the following sources: -- Information we receive from you, such as on applications or other forms. -- Information about your transactions we secure from our files, or from our affiliates or others. -- Information we receive from a consumer reporting agency. -- Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: -- Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. -- Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMI'T'TED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 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E_ .s ,! /4 /4. /7 7- u4v 4. . ✓ /yp4//{'. g (41. e�� .fit tr / 2 rI u g� � i fo".a fi�" l��r. 3/7./7/X!f740 71--" - o �..�a . J d. /�l/. J'.�n�.t.cs.'u, w. lie«. yj 111.15. x / 71 01.y. fit. GRF W: Xf Rte- .-Q1 i O�n-+� 47 �. Lifer ♦ �' /'�[ `A��"G�- O 44 dt-d jYi-.0 d-�.+rd : NAL - - t e Sa . z- i- , p .TTS > e. Os1 eel. A _s 0,2( ,i riest.3.1Gam. Ar42 c 7 .3 a. / w c. 74. # S. ted. ,It e. _14.r..r' 6. tr'6.s; 7- °, v�� i 1- 'Y `-- ,(-4 r �_4... S ss 1,-7-4. W:144.34- CZ ./f`.3,fCa • 342- 141 3.s a.s�'L , ]7a !'rd .f ` / `r O1`. j�.1H /p. S�°�, .47k 7I • � v.73�/ k✓/ro /0 / / �t /'Cu' P� 7t { d iti 474 :1C 7" i /%3 ,r �d • ze • % �'- r S. f G" y�. , 6 i �4 •C. •i .r,f{ !f. `L ti e�.0 V C. /117.1 - y - J A�'e a .G!"^ cap TF ,-Jed 'a ----. {y, -r ems - f., , c t c� ..4 ,otir.7)- 14. cg— -ar/f. l/ 4f. S7 fcD GI. "f."..5-• __ ry rj•�y �r..- { lid ..*s Jam.. -..d T7 x o •C' / r- ' -, 9' /*.! .-.--.d wit .�-—.._a-o / -r. (41°. • !se _4b.f.4y.�� �rr,cs- i��'y��_ jr-LA---X. 37/4"/9 '8 • ;ala alvlding line, the whole OT. the roan to oe used and rn,a1 talneo jointly oetween the parties hereto pid said Obe ^to and keep same in repair and such Tight runs to the ,eirs and assigns of -the parties herein mentioned. It being the intention to convey were oy said 1/2 interest in am to the property last above described, as same is set forth and described in and by instrument recorded in Boos 88 at Page a7. filed for record June 6, 1927 at 2:24 o'clock P.M., in Book 152 at Page 418. 3863 Warranty Deed- 5-24-27. Settle Morrow, husband and wife Jackson County, Missouri. Cons 3,10,11 and 12, in Block "Ii", i Filed for record Jane 6, C.W. 'TanVacter, a single man to Harry L. Morrow and . Ack. on S.D., before Hazel L. Best, Notary Public, ideration $1.00. Conveys: The North 69 feet of Lots n the town of Rifle, Garfield Co'inty, Colorado. 1927, at 3:10 o' clock P.M., , in Boo 152 at Page 419. ;g(nAti, Deed of Trust. 5-28-27 Harry L. Morrow and Hattie Morrow, husband and wife 'o Public Trustee. ,ick. on 6-6-27, before Ada U. Hutchings, Notary Public, Garfield you nty, Colorado- Consideration 32200.00 Conveys: The North 69 feet of Lots 9,10,11 ind 12, in Block "M", in the town of Rifle, Colorado. In trust to secure Grantors' note, oa'rable to C.W. Tdan`Tacter, or order, 22 months after date, for the aggregate sum of 52200.00, said sum of 32200.00, payable in monthly installments of $100.00 each, :omaencing 30 days after date of deed. Filed for record J-.ine 6, 1927 at 3:12 o'clock P.M., in Boo's 151 at Page 132. 35635 C. Mortgage 35636 Warranty Deed. 5-9-27/ Lynn Kennedy to Frank P. Carter. Ack. on S.D., before )eorge W. Pittman, Notary Public, Garfield County, Colorado. Consideration 31.00. ;onveys: The West 1/2 Of Lot 15, and Lots 16 and 17 in Block 2, Murphy's Addition to the town of Rifle, Colorado. Said Carter to assume and pay all general taxes for the millear 1927. Filed for record June 7, 1927 at 5:02 o'clock A.M. , in Book 155 at Page 336. )863Z Quit Claim Deed. 6-1-27. Alex Cuaz to The Board of County Commissioners of jarfield County, Colorado. Ack. on 6-6-27, before George Edinger, Notary public,Garfie !d ;aunty, Colorado. Consideration 31252.95. Conveys: A strip of land 60 feet in width for a road along the North side of the right-of-wayT55ofthe3D. &nd -:R.G. Lot Raa'ilroadonspen Tp. 3r�anch, in Lots 16 and 17, Section 36, p. 7, W., 7, S.R. 87 ;R., except and all as the same is shown on the map of said road as viewed an June 16, 1924, and containing 5.0117 acres. Said road running from the fence on the 5est side of Lot 16, Section 36, T. 7, S.R. 88 Y., to the present County Road at the said road crossing in Lot 14 Section 31, Tp. 7, S.R. 87 W.6th P.M. Second party to amid 1000 feet of heavy woven wire fence, four feet high with gate, for ingress and egress to road, posts for fence 12 feet apart to be good sound'cedar set two feet in ;round, blance of fence to be of standard 4 wire fence, not'less than 4 feet high, 12 feet apart of same specifications as above. Culberts to carry water across right-of-way L5 inches in -diameter, not less than four crossings, County to take care of waste water it two places where same now flows towards road. First party to have the first cutting of hay on the Deeded right-of-way, providing construction of road has not been commence Filed for record June 7, 1927 at 8:0' o'clock A.M.; in Book 13? at Page 550. )8638-98639- S C. Mortgage ?81,41 Warranty Deed. 5_24-27. John F. Bowen' and Gertrude Bowen, Edith Studebaker and crank Boren and James Bowen to Fred Bowand 'terve Bowen. Ack. on 5-28-27, by Edith Studebaker and Frank Bowen, before G.C. Carlson, Notary Public, Boone County, Iowa. 4ck. on 5-31-27, by James Bowen, before John C. Hoff, Notary Public, Polk County, Iowa. Aek. on 5-25-27, by John F. Bowen and Gertrude Bowen, before Ada M. Hutchings, Notary Public, Garfield County, Colorado. Consideration $25,000.00. Conveys: An undivided ?3/24 interest in and to: The W SE4, excepting 23.72 acres thereof, conveyed therefrom by George F. Dailey to Daniel Blackman, by Warranty Deedated September 214, 1906; and �ecorded on said date in Book 64 at Page 559. Also the E3. -SW; SW4SV4 Section 33, Tp. S.R. 90 W.6th P:M.Lot 4 Section 6, ':p. 6, S.R. 90 W. 'Lots 1 and 2 Section 1, Tp. 6, ?R. 91 W.6th P.M., excepting that part of the aforesaid lands which are included withi the right-of-way of the D.&.R.G.W. Railroad; together with all ditches, ditch and water rights belonging to, connected with or used upon the lands above described, particular- ly including ('out without limitation of the preceding description), that certain intere (CONTINUED ON PAGE 18) Filer;. for recDrd c;:-rc}7 17), 191:4 at 1 : 0 o'clock A.'.'. in Book 179 at Pa,z. 11. 1170Dl2 C. a;ortE:e{-re . :.L�• :1�+ Trust Deed. 2-34. :ie Vai. Oo:•o`s..:v, •.1o10...:.o n, t .ereu. o ouly *+.utharized .:y the Board of Lirectors. who are owners Of entire capital stock of u'.1. corooretion o''r iosep1• Bellis, President Tiv J.E. Si '-ore 1, S`cret.ar•'. to ,P,•vlic :a, tee. Ack. 3-1-34 befo; • F`-rry T. S ::efort- , G.'.r: iel Con".`,,, ..0.10 1, n. rc ;y�, =.r s: p c GL ''a, .SCY ri 4 k-'Sectio._ 3, in To. S.R. y, •... �t:_ P. c ..-. ll:i r' 120 s.cres, a or less, to^c t ,er� •7.i y i1 1•rlt- is .0 e! L•7.'."i.. er' .3 r s .. _[:ei"". •,r i:.,.'��::�.". 1.. ' • i. s:'rn'. ''i':•' to c ..'� r,1.,i- .1 tr' V?" `t„ e c i l •'1'3`- '• r-t I' ^`7.i..t'C•d,=G t•- erith. t rrt i. �+ _ *-7-01 T-.1 1:._ i t. i1""._ !itCtil cubic `ee .ryf e'• }r.r 1..'.✓ f ti -, rii C : :roc. f r re• n: ..tFred t ` J_ s T r+ _012 ' is C3":• n'1^ue`• 22, 1, ' .. - rFs -• .••••,F G •-1I° i .t::c .,. of t Bs.ttleri. •, to :, 1 o:r's.:r• ,1e. C'.';'3c Feet _f ate"ler ti•G.-' _ r };; ..err .ew Crer,•; , t:7c < t :. r•11-;•••• all interest inCol'o31F nd ..r,1` E. 1:1 :e !i :es beloi; 1: 2 ': 1T3 s u,s't co`; _-.ted '• t':e F ti 'ove recited ,-.t f• of s it SeC.,s:J._ :C tare ..^ter rli. is o. Aii1:• L e r• •:.-.t`in a :C ^ the n1'e li •' r ecPr • :o•ve id c .. r.i•ies.:. rt' t. ':.i:` ` ".«IZ i.. ,P r, f• r lF '11 interest i T t :l`t r.1 S' :;:c :lc E•_ '- Ui'.c for £-.ia �l.,e 11 .c= `. �. of sori�: • we r fro'. tb C`s .,•a}• ? score rC r 4 rr1 r,• lriu•.. s -r si ref- 3'i r F 4 1 o "1s'Z !'. �iI 3 3111' e aic ws . •0, rohr; o ` f lie side of i,re 11 ,, .� f.::f ii Sect 1• .r .rrir.. 't° o,itch. Also 1..e1 of (R_:.t -t_i out 1' itItion •}ft e fore^'"••i.". Les.criati.;,:: i. •,.n1 r-:..ect) ar" 1 del-, ro over nts .0^.1 :r oerts.ifin 'to't'ne :O ' •scr:oeC. 'r' .'i ses _nr.: also alt a C' es. 7ster niot- - ;re , :_ri-rit1"s, reser'" : iz`e. s ai y :.. l+ •,ter ':1.'.f- line iI ] c -r 1 rl' .' ^a- 4 oe1on '1 r: o "f 1� :.•'•'l a :;escr bed ;r ueed. LL'J J„ •,T in connect io.. the, ,. r ei`for domestic anofor _rel 3tic'._ "J 1r' cn , i:i; 1 ii ' n.11 rl is owned :Jf rl?i of ':.4e first —rt t:. t .' ••:s. t e t:own o.f rr-=iu t'e-lie`r, ;olorr,do whether suc 71'x:' ii a ':ce ':e G-Clllc it cl'. i+ed .r.ri!16 of cc..1'r ct or ot.:e.wise- i+o exce'tionE t Pei'inanC'i lr :ir}2i t'xe ;"f seer Doc.r1119.7:S ha.s oee re.borcied for release Zr . C ' is Iso Crus. : eed 11: f'-' -r i second o T , . In trust tO sr-c•-,-re GrFint:)r' s one ort: 1' ^, C'...:8 ^,.,, lr , p ..0.1e to i 'e r'vi st ?' i t)'.i`=1 Bstlk of L:ler? i-7 Sorin'•s, Color—do, 't i nal Bei 1 i e corper-i.ti ..n o: or ?ef E. sfter . r le for t`ie orl 'cipal S:1 of -' i'terprt a.i ', c ocr ci'1 .U7r' `J- rsole ly rid 11_ .r' alt,. tne i`.:t.. 't er= :.. `flea 1, is s ., ..r•' l.:i'.,1 Bian : of :s-''e:e{tii.rod Borings, Filed for rec�rc )'clock :.. ii: Boole: 1 a.. Pa- 117 111 'quit `' Claim/Deed. 2 1 ,7-.�' n, A. Otte:: t:} :'err 1•n Es is •-r. .'. sc f-? - oe ora L. `:e1i: Co--den./ .I UUs .'.E1 .in 1. e' Ges; io' t:i 21 le--t of Lots 1'_, 22. e•-dl 1 7 P. " . C fest of r'iest 10 :e, t !s Lot , of ty 4:.11 feet ":f Lot 1t5 -1nd -..-+.1-1• 40 feet ▪ }• -.e eh 1'' feet of Lot .L ., Ll Bloc: 7 `V .1 of Silt, Xo1. reds, toe`: lei P _ _r1:'.'51',1•:4'.P, :t°; Sia.., -. Filed f',):.0 rFcora'.'aro' , 193.4 , 't o'clock P.... in 5•J''._ C"Ff.' 11701e .:e'' :f 1'F. 6 . •.Iy 'c. - ,': re .'i: ,_F `•R.''.' .' eel ^• 1; t•• ;f ▪ .I 73., , J i . iI Jn J" _ . Et..ft .. i' t:-IT ra `1 r3 `: i . Lo ' 12, „ c r -• "l :7 7.-o. 17 S.R. iii` elo1 1 .`Leu Let-.:-..1-1,,•%.•-y. O'.r.:t' inr L. acres. i 1C : Ares t aro= 1', i>h Lot • Scc11 ,, Lot15 Sect + 331 '-cre;. Al.:. uCuaz contains 117 acresinLot 16 and Lot 17, Section 36,�Lot l4 Section 31, T:.. S.'. •.-27 D. anti R.G. Railroad contains .02-7 acres,h1'ao. ,f - ._ viewed. Jule 1 , 1;211. by _ran. E. Swee i s aeor a Blue and .S _".:e sai l l a , 17ie: r^i's for:r^rf l elu yount" , Color•'do ^il e.d. for record 1-...arch1^, 7 -•3 et 2:40 o' c1occ.F. '.• a ;. is on file. 117'01; Public F.,:Mice. i-� �r i s L •5;J i .'t s•, ine A. Lucas. YUir F".11-,..;14',' IS :FREB Y ^t t'_@ undersi^!1'd cel a 1oi rale.: ? =Q '-ortgw,`'..ir, in a.re t 1; certain deed o l"1E' erei::•.'.f ver •;•}`•. clearly r r Si:_'•inec,'-eve and `e>reoy1 J, e e said :feed '='i .. trust .:G indebtedness .. ebtedness ec•i_'.' he-re.".}1'r and renew .and continue in full force -1':1d e.*fec' 'e lien ^.t1C. notice of .id sed ;if :mist, t e ''r'?l:iss.0:1 notes SeC:ir-. , the eby • 'P, ;:Cit " t":e indebtedness itself • •To to andirCl'.; 11'u February 3re, 1,-3,3. Toe ` Lceed ::f trust aonearn :i cor . 1 • the :if-fide of t--e C"lei 'a.nd n°-corder of �lt County, Colorado, .'s DL,cu:.tnt .'o. 93212 1n Book 114 on P. =.e Syn. sad wc.s r'ec-:)r•-d .i book 312 Racordeo at 10,45 a,dockTt'...aM, Nov. 21, 1958.. ^11 13a' ° 390 upas S. Keen Reception Na 2Cl 4g Raxorder. I THIS DEED, blade this 17th ddy of November in the year of our Lord one thousand nine hundred and fifty—eight between ALBERT J. C'8'RIsT and ORSOLA A. C1RIS3 of the County of Garfield and State of Colorado, of the first part, and R. A. COFFMAN and 7W H. COFFMAN of the Comfy of 0arfiald and State of Colorado, of the second part: W IT? ESSE1'1i, That the said part jog of the first part, for and in consideration of the sum of Ten Dollars and other good and veAuable considerations to the said part ieeof the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed end acknowledged, ha ■e granied,bargained, sold and conveyed, and by these presents do grant, bargain, acll, convey and confirm unto the said parties of the second part, their heirs and assigns forever, rot in tenancy in common but in joint tenancy, all the following dcecribed lot or parcel of land, situate, lying and being it+ the County of Garfield and State of Colorado, to -wit: V Lots 12, 13, 16 and 17, Section 36, 'Township 7 South, Range 88 Weat of the Sixth Principal Meridian, and Lot lit in Section 31; TOvnebip 7 South, Range 87 Worst of the Sixth Principal Meridian. llso Iota 21, 22 and 23 in Section 36, Township 7 South, Range 88 West of the Sixth Principal fieridiaa. Also Lmta 1 and 2 in Section 1,'Township J South, Ranee 68 West of the Sixth Principal Meridian. Together with any and all voter and water rights, ditch and ditch rights belonging to or used in connection with the above described property, and particularly but without li:aitatian on the foregoing, an undivided ono— * fourth interest in t}ee Union Irrigation Ditch.and a like interest in and to the 31ough Ditch and the voter rights connected with paid two ditches, the sofas being situate in Water Dieirict Tao. 33e Also all grazing rights and privileges cm the Public Domain administered 1 trader the Taylor Gracing Act for which the mems deacrlbed property io base property. The first parties, grantors herein, except and reserve an undivided one— fourth interest in and to all oil, gas and other tnineraJ,a of every kind and description in, on or under the real property hereinabove described, together with the right to enter upon and remove said minerals upon payuent for surface damage. TOGETBER with all and lingular the hereditament' and appurteoanaea tiarenato belonging, or in aaywde' appertaining, and the reversion and reversions, remainder and remainders, relate, issues and profits thereof; and ail the estate, right, title, interest, claire and demand whatsoever of the said part ion of the first part, either to leer or equity, of, in and to the above bargained premise., with the hereditament. and appurtenances, A y;o. 75&. WRafi,LNRY DE EZ—To Joint T.n.+*:..—Dradroni.robinw. Pts. G.. 147n. Rob lewn'.r L<o.i Hl.nk., iH4-4e 9ro+t 9c. Da n..r, Golf.rd. Por1k• 312 Page 391 TO SLAVE AN1) 70 HOLD tine said premises ahoy., brc;fained and described, with the appurtenances, unto tate -aid parties of the sccond part, their hsirs and assigns forever. And the maid part i83 of the first part, for' than selves, .hsir heirs, executors, and adrainiarratora, do co•rconnt, grant, bargaio and i i- a to and with the maid parties of the second part, their heirs and assigns, that at the time of the ease -sling end delivery of these presents, they are welt seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in ice simple, and ha 've good right, full porter and lawful authority to grant, bargain, soil and convey the 'saint in manner and fcrrn aforesaid, and that the same are fro and clear from all former ani other grants, bargains, sales, liens, taxes, assessments. and incunlbrancea of whatever kind or nature, aocver, arttbiect however to reservations co:rtained in patents and easements and rights of bray for railroads, roads, util.itias and ditches now in existence, azd t;ir ouove bargained rrerlaen ir. the quiet and Faure -ids to woolen tf the said parties of the second part, i11&r Erases r1d ;resigns, a^.mast mil and every person or p+.raocs l:ts+fuilp claiming or to claim then hale or any part thcreuf, t%,.' s:t'sd port IC/Sof too first past shall cud wilt F AP,L:ANT AND FOREVER DEFEND'. D'. IN 'WITNESS' WItEREOF, the said pert iea of the first part ha Ve M:reunto set their hands and p�vl 1, the day and 'ear first above w vines. Signed, Seelod and Delivered is the Presence of STATE O:' COLORADO, County of G RFIE D fur-Ltciar, instrument was aeknowledged. before ma this 17 th day of Movcsiber r;t. ,f+.t i�,,.t f J, CU -1a" and OP—SOU H. CAIS. fp sar.lortaatens expires „Tilly 29 , t 61. Witned, my hand and official seal; • s U {t try SEAL ..'•--1... '..c:.:G..x'_-c' -arra. , jriEA L] (BEAL). .. 74++l+re pnblk. _-� MIT M ++tn� r• +n ar 1,K^'04.' h.s. Ina.rt name o* na•a+r.; 11 b' Ys+swn••.r]iny Irr rep, m-et.[Irn ¢r a,.'ltri.l uowtiy or .,• mnemes-1e4anC, 14].4.4 •cert ¢++.+ct Mr." • 3a ..,.t1 or, .twr,;rr-I -feel or wb.r tapail.r o: d..erlptleai tt by onset of aorpar.tlae. trios ta..n /Lama at] Nutt] aft:r •, ,., of near., .. ti• pr..ldent ar other ottr..rs at aura wrpenitan, aa.alns it. • o. oc.#217443 ROCKY MOUNTAIN NATURAL M A P GAS COMPANY, INC. — — Garfield & Eagle Counties,Colo. Roaring Fork Valley Project Scale 1" - 500' Tom Walker Registered Land Surveyor Drawn by W.E.F. Approved by Denver, Colorado Transmission Line Date 1/25/62 508 Map shows pipeline crossing the land covered by this abstract. 3 Filed for record May 4, 1962 at 10:00 o'clock A.M. in Road Book 3 ' • at page 125 thereof. 0 47 1. 0 N G W J A 0 v F ll } N K } 0 u 0 J W LL } 9 '�/ua C rai. 103+33 .r.• -c: 303. 40 :f +1 a4 # . t . /16 I C tePd •44. .m : . M 4 43 53 ..30/..- 9 ? L t i h r Gx% '4 v:,3# -r.9 yv r It i Z J 4 y b 14. sA -33..• r l 1 33 •^29 p 404rek57— r T 7 s k e vx" h'f, •1[ KQ / E .far.cn✓r (J.1,1 r n4', a, r a v 4 FSM , w J37r.e?„L )•a Srir JaDrp7 Awe-Arilaw Jrr JJDrdJ ri 4rw. Jed,.tr ,•••Cc/L-7/✓7ttfa lC.1f.If pt_ -- —.v - • • t'. . a ROCKY MOUNTAI Den TRA G.rfield and Ea Roaring Fork Scale 1"11 500 Drawn by W l • t t j •r t • I , • a ♦~W 7 .5 e`c .5 7 W t7F /• 1'E i. 7* P:17 "r es .,=, 8 7 14/ OF- 7-.Aet l C T - f 1 Filed for record May 4, 1962 at 10:00 o'clock A. M., and filed in Road Bool 3 at Page 125 NATURAL GAS COMPANY, INC. P er, Colorado L_ EMISSION LINE le Counties, Colorado Va11Ey Project Tom Walker, Registered Land Surveyor, fated 1/25/6 .E.F. 508 NO 4/ 1 Book 410 ge Recorded at 10:04 A.Fi. May 4, 3.970 R/W 5_0 14 34 Reception No. 246246 Chas.S.Keegan,Recorder. RIGHT-OF-WAY EASEMENT The Undersigned Grantor (and each and all of them if more than one) far and in consid- eration of, _f{�;�.fMEIJ c -?T .7;^fczgI2. idollare ($3/9 Z, ts' ) in hand paid by the Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains and conveys unto The Mountain States Telephone and Telegraph Company, a Colorado corp- oration, 931 loth Street, Denver, Colorado, 80202, Grantee, its successors, assigns, lessees, licensees and agents a Right -of -Way Easement and the right to construct, operate, maintain and remove such communication and other facilities, from time to time, as said Grantee may require upon, over, under and across the following described land which the Grantor owns or in which the Grantor has any interest, to wit: A strip of land Five (5) feet in width on each side of a center line described as follows; Beginning at a point which bears North 62034' East a distance of 768.19 feet from the South Quarter Corner of Section 36 Township 7 South, of Range 88 West of the 6th. Principal Meridian; thence North 86029' East a distance of 1415 feet; thence North 82039' East a distance of 914.0 feet; thence North 74003' East a distance of 265.0 feet; thence South 75050' East a distance of 310.0 feet; thence South 89030' East a distance of 162.0 feet; thence North 60052' East a distance of 182.0 Seet; thence North 83002' East a distance of 251.5 feet; thence North 63014' East a distance of 129.5 feet; thence North 78021' East a distance of 147.0 feet; thence North 52036' East a distance of 60.0 feet; thence North 45003' East a distance of 159.01 feet; thence North 66005' East a dietance of 379.0 feet; thence North 52030' East a distance of 183.0 feet; thence North 80033' East a distance of 70.0 feet; thence South 34043' East a distance of 17.0 feet to a point which bears due North a distance of 1110.0 feet from the Southeast Corner of said Section 36. situate in County of Garfield , State of Colorado TOGETHER with the right of ingress and egress over and across the lands of the Grantor to and from the above-described property, the right to clear and keep cleared all trees '-and other obstructions as may be necessary and the right to permit other utility com- panies to use the right of way jointly with Grantee for their utility purposes. The Grantor reserves the right to occupy, use, and cultivate paid property for all pur- poses not inconsistent with the righty herein granted. Signed and delivered this • AT day of STATE OF COLORADO County of 07,44.72 sa . The foregoing instrument , A.D., 19 . WITNESS my hand and offi al Meal. My commiasian expires '..▪ °▪ ('B . M.S.T. a T. CO. R/W HUMBER •RTER SECTION SECTION �1 4.0 C. TOWNSHIP 7 5 REMARKS: RANGE 88 VN' JOB NUMBER c'G _ 06-6c7 MAIL TO: MOUNTAIN STATES TELEPHONE AHD TELEGRAPH CO. SPACE RESERVED FOR RECORDER'S CERTIFICATE N4 C4 T14. 04 3ock 415 Par-ue CV Recorded at 10:14 ;s.Ii. November 19, 1570 Reception :;o. 248174 ' C-r_as.S.Keega w,R,:ccrder. Reception a+w J *' 4 ,iia" 1•{ii'•i��X� wr.,..,...o1\,i f=ed Greet: r (end ccch.'arid Cil. of them is r,5o;c ti'+cr: on^I for end in COn:?.dere-ior of . `� J: :a4lcrs ' /r}/ r :j is bond paid by the G cr .a rc receipt wsereo: is crr.•ay ccknewiec;ec, hereby gents, bo scups end conveys unto The gour ei tem elei:o'u end i cic'yrepCarepnny, u Ceiarede corperction, !1i i.4.t Street, 17.enver, Cciarcuu, 'd1112, vrantoe, i._ SUCCC:L07., CSE1S s, IesSCC's, licensees crd cCc r.ss c !•<i,ii".-af•i'Pcy Eescnvat en•: the ri¢ r..t Ca::st.uct, c o7C, MG intairi crit: ::;move such s em:co.:nice:len and other facslities, ;!em time to ti;:r•e, Gs scid G rcntca' me.; rC[-uire u:sori, ovir, under end access the fellawing dos critrea lan/d jwhich the Grantor Gwns L cn interest, to wit: .�'. trip of land ,'-; ''at `v,r eet kn t7Ed tin or. or i;1 w ir: a. the larG6'oa .415 y `^ " tp ' e2c1 si%C of a Center Lind: described as follows: Beginning at a point :::ti ch bears ..43030';1, E istir.:.cc of 1251.93 feet from the South Quarter Corner of Section 38., Tot'r,:ahir 7 South, of Rance 83 ,Zest of ti:: 6th Principal t.'eridia ; thence 5.23°341E., 373.0 feet; thence E.88012'..•, 582.0 feet; thence N.82° 2.32E., 878.1 feet; thence 2..52°42'E. 65.0 feet; thence 8.720581E. 66.0 feet: zItence 1.81°121E., 1:69.9 feet; thence I,.6:041111"., 736.0 feet; thence r.75°0 'E. 122.0 feet thence l�i.6721'i., 200.0 feet; thence :.81°27'E., 75.4 feat to a' point in 'which bears i .(4o101 E. , a distance of 3476.1 feet from. the South Quarter Corner of said Section 36. Gerf .e?dl Ser-: Colorado with the risitt o' ir..ciess encs cocas over and cc:ass Ac lands of the Grantor to end irca, the clove -described proner:y, the right to clear and seep ciecred oil trees and other obstructions Grantee may be necessary cad the richt to Yer;ni'C other utility companies to use the right' a'£ way jointly with Grantee for ia.ir utility purposes, The Grantor reserves efts richt to occupy, use, end et; vete acid prepo/ty for ail purposes net inconsistent with the rich:.: crein Granted. d..., $I r'd. c;.., a.,ivered t;:.is day oi AP 19 .� J Courcy c'r , s ' The iarecoine inst'rur elft war; et::e•,owizdtC'• ba`n-e f t �TiS ' 104„" t mici s_Ce1..✓ T. CO. CIJ—A•Cdi, SECT; OH %J 'J day off— Notal y taullii: REMARKS: i SPACE RESERVED FOA RECORDER'S CERTIFICATE r_. /i /-/• I-, 7r• (-1"? -`}7: I : S2C'iPOH 1.1 .S1 ASCE TL•'.E?":+CN,1 :.47 `rt_E:,R:.'r'. CO, i I !r, Recorded -So'clock 7 . fit. OCT 2 9 1973 Reception FO..__2cO4S9 Ella Stephens. Recorder RIGHT -Of -WAY EASEMENT 5',045 I e cE 26 I a•w 35902 The Undersigned Grantor (and retia and all of them if more than ane) lar and in consideration of One - Thousand Five Hundred -.1.14,01500.00 ) rn hand paid by Iile Granere, the receipt whereof is hereby acknowledged, hereby von's, bargoins and conveys urea The Mountain States }I Telephone and Telegeaph Company, a C°loredo corporation, 931 idth Street, Denver, Colorado, 80202, iFGrontee, its successors, ossigns, lessees, licensees and orients o Right-of.Woy Easement and the right to construct, operate, maintain and remove such communication and other locilieies, from time to time, os said Grantee :,icy require upon, aver, under and across the fallowing described land which the Grentor owns or in which the C.rentor hos any interest, to wit: A strip of land Eight (8) feet in width on each side of a center line described as follows: Begin- ning at a point which bears North 45° 15' West, a distance of 1246.09 feet from the South Quarter Corner of Section 36, Township 7 South, of Range 88 West of the 6th Principal Merdian; thence North 0° 30' East, 2440.0 feet to a point which bears North 14° 36' West, a distance of 3427.82 feet from the said South Quarter Corner. situate in County of Garfield , Stott of C;nl nrarin TOGETHER with the right of ingress and egress oyer end across the lends of the Grantor to and from the above-described property, the right to clear and keep cleared all trees and other obstructions as may be necessory..&nitViE74yg1tK4G?laie4 OCUX 1001f Xi[Dq]'ttlait K ?MAX X'1Ye'vVIKOINWO> *14. C*3*(60114X0d0)C The Grantor reserves the right to occupy, use, end cultivate said property for oll purposes notincansisteat with the rights herein granted.. Signed and delivered this day o'er, , A.D., 197 At STATE OF COLORADO County or://7/2&-/- P ss. The foregoing instrume t was acknowledged before me this yC day aiC: Jt—` 19L3by 17E,' A. C—.ems/.d/ ;x, lTy ESS yl•dot nd o +w -My comini's siokrirpires ts.S.T. i T, CO. R/1r NUMBER RE ARKS: 4g-,'13';'‘,/ Nlotary�Public SPACE RESERVED FOR RECORDER'S CERTIFICATE QUARTER SECTION SECTION TOIR1SN}P RANGE PRINCIPAL DI,N EXCHANGE JUS NUMBER MAIL TO: MU UHT AIN STA - S TELEPHONE AHD TEL FUR APH CO.. t LEAD CODE. BURIED GAEL( OR CONDUIT e aeC..s.. -;p __7(1-/-17 __/ 1 c`cl„-w f 1�4. i t��.{ S = 1(.0 Recepre7 i�.'C_�. ;31-"2"f135 :+iLia t?.` Att-DORF, PKORCER HOLY 'CROSS ELECTRIC ,ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT KNOW ALL NEN BY THESE PRESENTS, that the undersigned, V?. 56-;" �. mt1i. 3 REX A. COFFMAN and JOANN G. COFFMAN (hereinafter called "Grantors") for a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant unto HOLY CROSS ELECTRIC P.SSOCIATION, INC., a cooperative corporation whose post office address is P,.O. Drawer 250, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantors, situate in the County of Garfield, State of Colorado, described as follows: A parcel of land situate in Section 36, Township 7 South, Range 88 West of the 6th P.M. as more fully described in Book 364, Page 109 and Book 532, Pages 778-779 of the Garfield County Courthouse, Glenwood Springs, Colorado. ' And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon an easement described as follows: An easement twenty (20) feet in width, the centerline for said easement being an overhead power line as constructed, the approxi- mate location of which upon the above described property is shown an Exhibit.A, attached hereto and r..ade a part hereof by reference. Additional poles and/or guy wires with anchors and associated equipment may be placed in said easement as required at a later date. And, in addition, Grantors hereby grant to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right tc cut trees, even thoegh cutside of said easement, which are tall enough to strike the wires in falling. Grantors agree that all poles, wire and other facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantors cove•tiant that they are the owners of the above described lands, and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantors have caused these presents to be duly executed on this .24/ day of re b ruL A -r y, , 1981. Rex A. Coffman Joann G. Co man STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The_19r7egoing instrument was acknow1c ged before me this a day of , 1981 by REX A. COFFMAN and JOANN G. COFFMAN. ,�' VITNES,S my hand and official i`?.• 4�+i?i carfOls.F.A.on expires: Vi`G r ..- c.,-- �`*S�o ,,,,,,,.0(tohP81-8294:67-36:Stronq Bros Lumber:2-18-81) seal. tary Public • EXISTING HOLY CROSS ELECTRIC POWER LINE x it ! A 77S, R88W, 536 GARFIELD COUNTY COUNTY ROAD NO. 100 D.&R.G.W. RAILROAD y` HOUSE ADDRESS 1837 COUNTY RD 0100 New Holy Cross Electric Power Line r� APPROXIMATE SCALE I"- 100' • B;rox 56.7 P..,E1i' EXISTING HOLY CROSS ELECTRIC POLE AND POWER LIME NEW HOLY CROSS ELECTRIC POLE AND POWER LINE GUY WIRE WITH ANCHOR FENCE D.&R.G.W. RAILROAD MILE POST NO. 375 crE-nw: cnnc . r”a+ern en n90n cr. "e r STATS. 6F CYSwn.ADC Ccunty of Garf4akl Acs re palar 1110ehtQ eurt Hos93 e in Glenwood SJ o$1D 19 • a51r 037 r41952 Recorded at o'clock 7 M. OEC 10 1981 Reception No. 32Z4MlwDRED AIEDORP, RECORDER ._....__meetina f the Baud d of County Coalnusionere for C. -at -field County, Colorado. , tss_ 6.1•.17,...«......._........ day of 'ruesdav these were present: LarryiTeIasqug ......__. ..._.�, CommiseioncrChairmen Eugerxe_ arirtkheuse ..„. „.._.__._. . commirriona Earl G Rhoden, „.... _ , County Attorney I,eanne Cleland, Depaty clefltotthe soard whe+a the following procaedi:Igs. amain adieu were had and done. to -wit: RESOLUTION N0. 81-366 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM IIfE SUBDIVISION REGULATIONS OF GARFIELD COUNTY. WHEREAS, Rex and JoAnn Coffman have petitioned the Board of County Ccamissionerc of Garfield County, Colorado, for an exemption from the definition of the terra "subdivision” and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1579, Sections 2.02.21 (d) and 3.02.01 for the division of'a 290 acre tract described as follows: that parcel of land as described in Document No. as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately .3 and 289.7 acres each, more or less, which proposed divided tracts are more particularly des- cribed as follows: TRACT A: A tract of land situated in Lot 16 of Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying northerly of and adjacent to the Northerly right-of-way line of County Road 100 and being more particularly described as follows: Beginning at a point on the Northerly right-of-way fence of said County Road 100 whence a rebar and cap found in place and properly marked for the Witness Corner ta the Sle.. Cotner of Section 35, Township 7 South, Range 88 West of the 6th Principal Meridian hears S.87°15'21"W. 4478.27 feet; thence Easterly along the Northerly right of -way fence of said County Road 100 for 100.00 feet; thence N.01`21'30"E. 130.00 feet; thence Westerly and parallel to the Northerly right-of-way fence of said County Road 100 for 100.00 feet to a point on a fence as constructed and in place; then e 5.01'21'30"W. 130.00 feet along said fence to the point of beginning, containing 0.30 earl more or less. TRACT B: The remaining approximately 289 acres. (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the split is solely for the purposes of adjusting property boundaries, and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision reeulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (e) -(d), as amended, •• ear 587 1,4E953 NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 290 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" and "D" all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption i6 granted on the condition and with the express understanding and agreement of the Petitioners that no further exemption: be allowed on said tract "A" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution, and further, that no new lots are created by this action, and no building permits will be issued for the .3 acre parcel. ATTEST: jpelTr. Ad uty Clerk of the Board BOARD OF COUNTY COMPUSSION'ERS GARFLELD COUNTY, COLORADO Chairman Upon motion bury made and teoonded the foregoing Resolution was adopted by the following Vote: I,Sr17'... Ve,T 3s:¢tssz . _.._........r...�..r.Aye Flaven 3. Cerise....-._... �... .... ........ ._..-.Aye Elmene Drinkhous e_...._.........._ -; _ --Aye Coatmia iaawa STATS of cos.aRAao yr][ County of Garfield County Clerk and exAofficio Clerk or the Board of County Comrrnetaoowe In and for the Cosnly and State aroeaasd do hereby cerWy that the annexed and foregoing 6rder u wry copied Boni the Recordsof the Proceedings or the Bo;rrd of County Conuoifsicnrrs for ,lid Garfield County, now in ray office. IN WITNESS 1trr4EREOF, I have heteunto fit my hand and affixed the `eat of said County, at Glenwood Spthigi thin " day of A. D.19 .............. County Clerk and ex...Dint:it> Clack of the Board of County Comm i onwa. 111111111111 l l l l l l L i l l l l l l 111111111111 1111111111111111 604855 DB/06/2002 03:3012 01361 P14 M AL5D08 F 1 of 2 R 10.00 D elle GARFIELD COUNTY CO 1111 AGREEMENT FOR EASEMENT IT IS AGREED between Rex & Joann Coffman , OF Carbondale, Colorado (herein called "Grantor"), and AT&T Broadband of Colorado, LLC, (herein called "Grantee"): 1. The Grantor herby grants unto the Grantee the right to go upon and Across the following described property: A parcel of land situated in Section 36, Township 7 South, Range 88 West and Section 31, Township 7 South, Range 87 West, of the 6th P.M. as more described ir. book 532, Pages 778 through 779 of the Garfield County Courthouse, Glenwood Springs, Colorado For the purpose of installing and maintaining CATV equipment. 2.It is understood that the cable shall be placed on the existing Holy Cross Energy pole line. DATED — 2 1 — 6 ASTtUt.0.4Vteve )605- G RAry d Aire cal -4N C` . &t p o By GRANTR attachment - a • 1111111 II(11111111111111411111111f 111111111111111111111 604888 08/08/2002 03.30P B1361 P75 M PtLSDORF 2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO County of PIMA.) ) ss. The foregoing instrument was acknowledged before me this �day of 2002 by Rex & Joann Coffman WITNESS my hand and, official seal. My commission expires: —611A O.A STATE OF COLORADO 3 Notary Public Address do?#1 444C County ofhiTaW) ss. The foregoing instrument was acknowledged before me this Del day of inA`-' 2002 by-FitrctOi Asa, ftV WITNESS my hand and official seal. My commission expires: ,11 C �• ' r L.M I fi ; `'L le l'! attachment - 2 Notary Public Address )42 l A✓43` ArfigN hq Nt 5111 :1 Z41 HP qilgt 141 t: rgta ; M P 17 € 1 IIMILMI p 64,10i1 1 1g 11 Al 11 NL111011 1/ flig IN 100 1;11 q115 110 gleilEi g PREPARED FOR: RE2 d ✓DANK COfFAKAN 78.57 Co. Rd # 700 Carbondale, Co. arses W numbs •"- un=�ce name If ANNOPIACI COW Pe number - nue e.ne ma.rr by !• Gory .... rl . ., sheet 12+1 7 OF 2 0 vo r44: Oc; SCARRO f NALKER 1NCORPORA TEE Registered Land Slrrueyars 616 Cau.e® Mt... Cp.neee8 59+'+9•. faseae vow !On) 915-6661 •0310/+ QSPMU3Ni0 ssTnen nfS9Z/ 57 dura N 01'08'39" W 1278.54" a F s 01'04'2 E ]309.93 PREPARED FOR: RAX d JOAAW COF'F'AI.#N /887 Co. Rd # 100 Carbondale, Co. 81823 Aarne., coon Nr 1un*er •.wnw drum by '^ DOM 112 JAW sheet no. z OF z SCARROW 8' WALKER INCORPORATED ,agin'ened Land Surveyors rro+.mec `ArhOs. Cvere k 6+60 (9'M} 5+6-6644 1111111 11111 111111 11111 1111111111111111111 111111111 1111 633906 08/12/2003 11:15A B1504 F481 11 ALSDORF 1 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on, Monday, the 10'' day of November A.D. 2002, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Walt Stowe , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. _ann3-60 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR REX AND JOANN COFFMAN WHEREAS, Rex and ioAnn Coffman petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 153 acre tract as described in Book 1189, Pages 263-265, at Reception No. 564030, as tiled in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four (4) tracts of approximately 4.29, 4.29, 4.29 and 140.10 acres each with the exemption parcels more practically as follows: Parcel 1 Parcel 2 Parcel 3 Parcel 4 See Parcel Description Attached See Parcel Description Attached See Parcel Description Attached See Parcel Description Attached (in the State of Colorado and the County of Garfield); and 1 111111111111111111 II 11111 111111111111 11111 11111111 633905 08/12/2003 11:15A B1504 P482 11 ALSDORF 2 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of providing a adequate source of water to each of said parcels, that there will be adequate ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (1 0) (a) -(d), as amended; and NOW THEREFORE, BE IT RESOLVED that the division of the above described approximately 153 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the "Parcel 1", "Parcel 2", "Parcel 3" and "Parcel 4" of the Coffinan, as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 11th day of August, A.D. 2003 ATTEST' a 0-i :. . Dr GARFIELD COUNTY BOARD OF COMMI SS LONERS, GARFIELD COUNTY, COLORADO c1C© the oar .• 1/, • •..... •5• a\� i~ flipon r ktioti duly made and seconded the foreg following vote; COMMISSI©NER CHAIR 301 -IN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT Aye , Aye 2 1111111 11111 1111111111111111311111 1111 633906 08/12/2003 11:15A 81504 P483 n RLSDORF 3 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO • STATE OF COLORADO County of Garfield )ss ) County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the Courcy and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 11IIl1I 1111111111111111 IIII 111III 111111 ill 1111111111111 633806 06/12/2003 11,1SR61504 P464 h RLSDORF 4 of 7 R 0.00 D 0,00 GARFIELD COUNTY CO • ePOIREPTIY omorrioN - r'l A PAS OF LAIC erruATED W GOVERNMENT LOTS 1C AND 13, SECTION 38, TOWNSHIP 7 BOuTI-, FSE 88 WEST OF THE SETH PRINCIPAL MERMAN SENO L4ORE PAFMCULAPLY DESCRBEID ASFOLLOWS' SEGMNO AT A PONT ON THE Sarni LII4E OF tam LOT 33 193:4A WI - ICH THE SOOT EAST COMER OF SAD LOT 23 ALSO IIII146 THE SOLRIPI CCANIER OF SAID SECTION 38 111EARS 1114,24'312"E. A MANCE OF 72104 rtr THENOE LEAVNG BALD SOUTH LIKE 1031W0011. A DISTASNICE OF OISC7t Pin 'NO CE 8.0V14'X'W. A DISTANCE OF 31.71 PST; 114114CE sanolorw. A tstriisce OF 52.10 PRET; T1-IENOE NNW OO'°W. A O$TNICE OF 17.60 #HETI'TPS N.O€TOO O3'"W. A DISTANCE OF SC21 MET TO A POW ON THE NOM LIE OF SAD LOT 23: HENCE LE SIO SAD NORTH LINE M Qr'111'4OrE. A tormice OF 13.17 MET TO A FONT ON THE SOUTHERLY RIGHT -OP -WAY UNE OP TM MAIER AM) INO BRAND *wow PIAL I1CAf ALCM ■ND sOUTI-ER_Y LINE NISTEceIrEe, A DI1TANC OF 38196 1'1111n niece LEIIwcia SAD SLY LJ€ 8.00'29'58'E. A DISTANCE OF 744. PO TO A POW ON Tl -E DOLMA LNIE OF SAJD LOT 2a THENCE N.$f2442'W. ALONO SAID SOUTH LE A DISTANCE OF 227.9, PET TO THE PONT OP BE01/0140. SAID PAS CONTAINING 4.293 ACS, MORE OR LESS. 11[1111111111111111111111111111111111111111111111111111 533908 08/12/2003 11115A 51504 P485 M ALSDORF 5 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO IIIMBILLMOInION - PAACEL 46 A FARCE_ OF LAND SITUATED 4N OOVEP ENT LOTS 113 AND 23, SOON 36, TOWNSHIP 7 SOUTH, RANCE 88 WEST OF T € PRINCIPAL I EFIDIAN BBQ PAY DESCINBED AS F OL.LOW8 BEC 43 AT THE SOUTH 1/4 CORNER OF SAD SECTION 36 ALSO BEING 11-E SOUTH-EAST CORNER OF SAID LOT 23 FROM WI NE 'KESS CORNER TO SAD 114 COPA SEARS NORTH A DISTANCE C 3SI4.0C MEET; TI-IMCE N 24'321q. ALONG THE SOUTH LINE OF SAD LOT 23 A DISTANCE OF 247.04 FEET) 71 -BOCCE LEAYINQ SAD SOUTH LINE N.00"1/ 6'W. A DISTANCE OF 75%2 FT'TO A POINT ON WE SOU Y -OAF-WAY LINE OF T1 -E DENVER AND RIO DRAM WESTERN RAIL ROADS T1-1154CC ALONG SAS) SOLII}eR.Y LPE NAIrSSO `E A DISTANCE OF 7.92 FEET; THIEINCE COWALONG SAD SOUNIERLY UNE AND ALONG A,pCURV TO T� LEFT HAW,IG A � OCHORD �a`�, 775..7 2 FST, DE. TA ANGLE OF Vie C'58', ARC DI��A` 22N�9.1) ■FEET AND A CHOP BEAOF A N.67•49139 E FOR 239.Ti F ; THENCE LEAVING SAD 1 UNE 8,0079'56S DISTANCE OF 763,59 FEET TO 11-E PONT OF secovtia SAID PARCEL CONTAINING 4.293 ACRES, MORE OR LESS. • l 11111111111111111111111111111111111111 Ili 1111 1101111 633906 08/1212003 11115P 81504 P486 M ALSDORF 6 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO pticreirr DEBORKION - PASAILI2 A PARCEL OF LAND SfTUATED IN! GOVERNMENT LOTS #a AND 23, SECTION 3S, TOWNSHP 7 SOUTH, RANGE 'M WEST OF THE SIXTH PRINCIPAL H)IAN BEING MORE PARTICULARLY cesopuseD AS FOLLOWS: BECNNIS O AT A PONT ON THE SOUTH UNE OF SAID LOT 23 PROM *HCH THE BOLM-EAST CORKER OF SAD LOT 23 ALSO SSW THE SOUTH 1/4 COMER OF SAID SECTION 30 BEARS 8JV2rC32'E A DISTANOE OF 247.04 I' TT THENCE NB172422W. ALONG SAD SOUTH LPE A OIIiTANCE OF 250,01 r' i THENCE LEAVP G SAID SOUTH UNE Is100111115W. A DISTANCE OF 744.53 FEET TO A POIWT ON TI -E SOUTHER -.Y RIQI fT- OF -WAY UNE OF THE DENVER AND NO GRAND WESTERN RAL ROAD THENCE ALONG SAID SOUTHERLY UNE M8f55O5'E A DISTANCE OF 240,96 FEED THENCE LEAW4O SAD SOUTHERLY UNE 8.00`22561E A DISTANCE OF 751.112 FEET TO THE POINT OF BEG INE. SAID PARCEL CONTAHNG 4.293 ACRES, MORE OR LESS. • g 4ggW M5R4 t 141! 4:111 1 1 giii104 Ving%80melie Aigttiligg !1141 r * 1mi re7. 411 111* 4"4 ;12i rce n D Y .401 ow� we as ®= 1 OMMF ae MI pa - Nom mw� 01 ■_ es r mum 01— iyi - otos mon 0 -t mom Z CO p MW m� • • 1 11111111111 111111 IIII1111111111111111# 111 11111 1111 1111 643445 12/19/2003 03:14P 81548 P734 tt ALSDORF 1 of 28 R 141.00 0 0.04 GARFIELD COUNTY CO Northeast Coffman Ranch DEED OF CONSERVATION EASEMENT IN GROSS THIS DEED OF PERPETUAL CONSERVATION EASEMENT in gross is granted this g day of -De cc. Pol6rr , 2003, by REX A. and JOANN G. COFFMAN ("Grantor"), to and for the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, having an address at 320 Main Street, Suite 204, Carbondale, Colorado 81623, (the "Trust")(collectively, the "Parties"). Exhibit A: Legal Description of North Parcel Exhibit B: Map of Property Exhibit C: Water Rights Description Exhibit D; Survey of View Planes from Lot A to Roaring Fork River (to be added) RECITALS WHEREAS, Grantor is the sole owner in fee simple of certain real property in Garfield County, State of Colorado, more particularly described in Exhibit A and Exhibit B (hereinafter the "Property"). The Property is comprised of approximately 38 acres of land and certain water rights. The term "Property" shall hereinafter be defined as the land and the water rights combined, and the term "Water Rights" shall refer solely to the water rights described in Section 11 and Exhibit C herein; WHEREAS, the Property possesses natural, scenic, open space, wildlife, riparian, wetland and agricultural values that are worthy of preservation (collectively, "Conservation Values"), as defined in C.R.S.§ 38-30.5-101 et seq., of great importance to the Grantor, the Trust, the people of Garfield County, and the people ofthe State of Colorado; WHEREAS, in particular, the Property has unique characteristics as irrigated farm and grazing land representative ofthe agricultural heritage of the Roaring Fork Valley, including wildlife and wetland habitats, and riparian corridors along the Roaring Fork River which contribute to a biologically diverse ecosystem which includes various species of birds, mammals, reptiles, insects, fish and plants set against a scenic backdrop dominated by view plains of the surrounding Roaring Fork Valley ridgelines and the Roaring Fork River; WHEREAS, the Property lies within a scenic corridor at the historic entrance to the Town of Carbondale, where recent development in the vicinity of the Property and the Town of Carbondale threaten to degrade the biological integrity as well as the rural and scenic character of the Property and surrounding area; WHEREAS, the specific Conservation Values of the Property will be documented in an inventory of relevant features of the Property kept on file at the office of the Trust ("Baseline II\ll 111111i1111I l 111 li I111 111111 111 l lnn64344'!434412119/2003 03:1B134B P735 f1 AL3D 2 of 28 R 141.00 D 0.00 Gf{RF1ELD COUNTY CO 410 Documentation"), which consists of reports, maps, aerial and ground photographs, and other documentation that the Parties agree provide, collectively, an accurate representation of the Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant; WHEREAS, Grantor intends that the Conservation Values of the Property be preserved and maintained by the continuation of land use patterns on the Property existing at the time of this grant, including, without limitation, those relating to agricultural purposes and the active irrigation of the Land for the production of hay and pasture grasses to be consumed by livestock grazing and corralled on the land, which uses the Trust acknowledges and agrees do not significantly impair or interfere with the Conservation Values; WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to preserve and protect the Conservation Values of the Property in perpetuity; WHEREAS, 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 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and is a publicly supported organization as described in Section 170(b)(1)(A) of the Code, whose primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of the 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 "qualified organization" to do so within the meaning of Section 170(h)(3) of the Code; WHEREAS, the people of the State of Colorado have recognized the importance of private efforts toward the preservation of natural systems in the State by the enactment of C.R.S. 38-30.5- 101 et seq.; and WHEREAS, the people of Garfield County and the Town of Carbondale have expressed the importance of protecting and conserving agricultural lands, open space, and scenic vistas through passage of a Garfield County Comprehensive Plan of 2000 and a Town of Carbondale Three Mile Area Plan of 2000; and WHEREAS, the Board of Directors of the Trust has duly adopted a resolution approving the Trust's execution and acceptance of Conservation Easements. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, and in particular C.R.S. 38-30.5-101 et seq., Grantor hereby voluntarily grants, assigns, and conveys to the Trust, its successors and assigns, a Conservation Easement in Gross in perpetuity, consisting of the rights and restrictions enumerated herein, over and across the Property (the "Easement"). This Grant of Conservation Easement shall be subject to prior reservations, easements, encumbrances, and exceptions of record related to the property, except as otherwise set forth herein. Northeast Coffman Ranch Conservation Easement Page 2 • • 11111111111111111113111111111111111111111111 643445 12119/2003 03:14P B1548 P738 MAL 3 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO 1. Purposes. The purposes of this Easement are to assure that the Property will remain forever predominantly in its agricultural, scenic, natural and open space condition, subject to the uses of the Property permitted hereunder, and to prevent any use of the Property that will significantly impair or interfere with the Conservation Values of the Property and, in the event of their degradation or destruction, to restore such Conservation Values of the Property. Grantor intends that this Easement will confine the use of the Property to such activities, including, without limitation, those involving ranching, farming, and general conservation purposes, as are consistent with the purposes of this Easement. Pursuant to the terms of C.R.S. 38-30.5-101, et seq., the Property preserved hereby may not be converted or directed to any uses other than those provided herein. 2. Baseline Documentation. The Parties acknowledge that Suzanne Fusaro, a person familiar with Conservation Easements, the Property, and its environs, has prepared a primary Baseline Documentation of the Property. The Baseline Documentation has been reviewed and approved by the Trust and the Grantor as an accurate representation of the biological and physical condition of the Property at the time of this grant. Grantor will retain a copy of the Baseline Documentation for its records and a copy of the Baseline Documentation will be on file with the Trust. 3, Rights of Trust. To accomplish the purposes set forth herein for this Easement, Grantor conveys the following rights to the Trust, with such rights to be exercised subject to Trust's reasonable judgment: A. The right to identify, preserve, and protect the Conservation Values of the Property in perpetuity; B. 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; provided that such entry shall be upon twenty-four hour prior notice to Grantor, and shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property, and except that no such notice shall be required in the event the Trust reasonably believes that immediate entry upon the Property is essential to prevent or mitigate a violation of this Easement; C. The right to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement, or which may threaten or significantly impair the Conservation Values of the Property, and to require the restoration of such areas or features of the Property that are darnaged by any inconsistent activity or use; D. The right to enhance the Conservation Values along the Roaring Fork River and any other area within the Easement Property with Grantor's prior written approval, by planting, grading, irrigation, water channel restoration, strearnbank stabilization, spawning habitat construction and improvement, and any other activities as may be necessary to restore or enhance the Conservation Values of the Property, at the discretion of the Trust; and Northeast Coffman Ranch Conservation Easement Page 3 11111 111111 111111 111111E1 El Ill 111111111 1111 6SOORF 4gR141. 4o421�00D0.00 G03:14P BRRFIELD COUNT1548 P737 M Y E. Any other rights that both Parties may approve that are consistent with the purposes of this Easement and the Conservation Values, 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, unless specifically allowed elsewhere in this Easement: A. Any change, disturbance, alteration, or impairment of the relatively natural habitat for plants, wildlife, or similar ecosystems within and upon the Property, except as provided herein; B. The construction or placement of any buildings, structures, parking lots, camping accommodations, golf courses, mobile homes, boat ramps, billboards or commercial signs, except as expressly provided herein and except those existing on the date of this grant and as documented in the Baseline Documentation; the conveyance of easements, rights-of-way, the paving or grading of roadways or the construction of any roadways without the consent of the Trust, which consent shall be in the Trusts sole discretion; C. The removal, destruction, or cutting of native vegetation outside of an approved building envelope, except as permitted in Sections 5C and 6, below; D. The intentional introduction, or failure to prevent the introduction or spread of noxious weeds such as those as identified by the Colorado Weed Management Association, other than for agricultural uses consistent with generally accepted practices as defined by the U.S. Department of Agriculture Natural Resources Conservation Service (hereinafter "NRCS"), or other such governmental entity as may be qualified al the time to oversee such practices; E. The overgrazing of livestock as determined by an expert in livestock management, or other ranching or fanning practices which result in "low to moderate" soil quality as defined by the NRCS, or other such entity as may be qualified at the time to oversee such practices; F. The use of pesticides other than for the control of noxious weeds and/or pests in a manner consistent with sound environmental conservation practices, such as those determined by the NRCS; G. Subsurface Mineral Rights: Grantor shall not sell, transfer or otherwise separate Grantor's share of the mineral rights to oil or natural gas from the Property, except that Grantor may lease to a third party the right to explore for or extract oil and gas from below the surface of the Property; provided, however that such activities occur only in a manner that is consistent with the meaning of Section 170(h) of the Code and Section 1.170A -14(g) of the Treasury Regulations. Any disturbance of the surface of the Property for the exploration of subsurface minerals in a manner that is Northeast Coffman Ranch Conservation Easement Page 4 j 111111 11111 111111 111111 11E111111 11111111 11111 Mil 1111 843445 12119/2003 03:14P 51548 P738 K RL 5 of 28 R 141.00 0 0.00 GARFIELD COUNTY CO • inconsistent with the meaning of Section 170(h) of the Code and Section 1.170A- 14(g) is prohibited, y. 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 shall Grantor explore for or extract soil, sand, gravel, rock, or other minerals from the surface of the Property; 1. The use of any motorized vehicles off roadways now existing or new roadways permitted herein, with the exception of the use of motorized vehicles incidental and necessary to the use of the Property for agricultural purposes; J. The establishment or maintenance of any commercial feed lot, which shall be defined for purposes of this Easement as a permanently constructed confined area or facility within which the land is not grazed or cropped annually for purposes of engaging in the business of the reception and extended feeding and finishing of large numbers of livestock for hire; K. The establishment or maintenance of any commercial or extractive tree farm; L. The storage, dumping or other disposal of trash, ashes, garbage, toxic and/or hazardous materials on the Property, other than the collection and disposal of agricultural products and byproducts on the Property including tree limbs, scrap lumber and other organic materials incidental and necessary to the use of the Property for agricultural purposes and in accordance with all applicable governmental laws and regulations. This prohibition does not impose any liability on the Trust, nor shall the Trust be construed as having liability as a "responsible party" under The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), or similar federal or state statutes; M. The manipulation, diversion, or other alteration of streams that degrades or destabilizes their natural banks or shorelines, other than those activities consistent with responsible irrigation practices; or as temporarily necessary for bank stabilization activities as described in Section 5H; N, The degradation, pollution, or drainage of any designated wetlands or naturally occurring surface or sub-surface water, except that irrigation patterns and ditches may be altered to reduce areas of standing water for insect and disease control; 0. Any change in the topography of the Property through the placement therein of soil, land fill, dredging spoils, or other material, except as incidental and necessary to the activities permitted herein; Any use that would increase, or substantially add to the risk of soil erosion; Any commercial or industrial uses, except those incidental and necessary to the use of the Property for agricultural purposes, which are specifically permitted. "Home • Q. Northeast Coffman Ranch Conservation Easement Page 5 111113E11114111111111111111111111111111111111 1111 643446 12/19/2003 03:14P 81548 P739 M tiL 6 of 28 R 141.00 0 0.00 GARFIELD COUNTY CO • occupation" uses that do not threaten or significantly impair the Conservation Values of the Property, including artist's studios, wood shops, and the like, shall be permitted within an approved building envelope located on the Property, as defined in Subsection 6A and Exhibit B, provided that such use does not interfere with Grantor's quiet enjoyment of the Property. Employees shall not be permitted on the Property for home occupation purposes; R. The erection, construction, installation, relocation or use of a communication facility, a telecommunication facility, a network element or any other telecommunication facilities, equipment or material that may be used for telecommunications or to provide such services, except for in-home networking, wireless telecommunications access, or other low -impact telecommunications services, S. Utility lines or substations not necessary and directly related to uses of the Property permitted by this Easement and except any pre-existing lines; T. Wind -powered electric generators to produce electricity for off-site use; U. Hunting or trapping, other than for predator control as necessary for agricultural operations on the Property. If the Property reverts to wildlife habitat or is no longer used for agricultural purposes pursuant to Subsection 5F, below, hunting or trapping will not be permitted; 41110 V. External lighting, including landscape lighting and driveway lighting, which impairs the Conservation Values of the Property, with the exception of lighting for agricultural, security and safety purposes; W. Except as permitted in Sections 5B, 5F and 11, herein, Grantor may not transfer, encumber, sell, lease or otherwise separate from the Property the "Dedicated Water Rights" (as defined in Section 11). 5. Consistent Uses of the Property. The following uses and practices by Grantor, though not an exhaustive recital, are consistent with this Easement. Certain of these consistent uses and practices are identified as being subject to specified conditions, to the notice provision as described in Section 7 herein, and to the requirement of and procedures for prior approval by the Trust as described in Section 8 herein: A. Grantor may repair or replace existing fences. New fences may be built for purposes incidental and necessary to the management of livestock and wildlife in compliance with the current Colorado Division of Wildlife (herinafter "DOW") specifications for fencing in wildlife migration areas. Fencing constructed for the purpose of excluding wildlife from haystacks, gardens, orchards, and the like must not block or hinder normal wildlife movement or migration, and should not exceed eight (8) feet in height; B. Leasing of lands with appurtenant Water Rights for agricultural purposes; Northeast Coffman Ranch Conservation Easement Page 6 1111111 11111 111111 111111 1111I111I1 1lli/ ill 1111111111111 574of45 281R,141. 003000.00F 51548 P740 M GARFIELD COUNTY COORF • C. Such cutting and removal of dead, dying or diseased timber as may be reasonably necessary for fire protection, disease prevention, safety or agricultural purposes; D. The taking of such reasonable steps as are necessary to control erosion on the Property; E. Changes in agricultural use, including row crops or horse farming, that do not threaten or significantly impair the scenic, open space, or environmental Conservation Values of the Property; F. If agricultural uses prove uneconomical, or Grantor no longer desires to use the property for agricultural purposes, the Property may revert to wildlife habitat. In that event, Grantor agrees that any "Dedicated Water Rights" (as defined in Section 11 herein) that are no longer being used for agricultural purposes shall be subject to the provisions of Section 11, below; G. If, and only if, the Property reverts to wildlife habitat pursuant to Subsection 5F herein, domesticated pets must be leashed, kenneled or otherwise physically restrained outside of the building envelope; 40 11. The right to construct and maintain rock vane deflectors on the Roaring Fork River as necessary for streambank stabilization and/or flood protection as permitted by the Army Corps of Engineers and the United States Department of Agriculture Farm Service Agency, and/or other entity as may be qualified at the time to approve and conduct such work; 1. The right to restore damage to the Property that may be caused by fire, flood, storm, earth movements, or acts beyond the Grantor's control; J. The right, mutually with the Trust, to enforce against and prevent any prohibited action set forth herein on the Property against any individual or entity; K. The right to erect appropriate signage and fencing, upon review and approval of the Trust, indicating the presence of the Easement and the boundaries thereof; and L. Rights of access on, over and across the Property in a manner consistent with the maintenance and preservation of the Property and the Conservation Values set forth herein. 6. Reserved Rights. Grantor reserves to itself and to its personal representatives, heirs, successors, and assigns, alI rights accruing from its ownership of the Property, including the right to reside on the Property and to engage in, or permit or invite others to engage in, all uses of the Property that are not prohibited herein and that are consistent with the purposes of this Easement, including the following rights: Northeast Coffman Ranch Conservation Easement Page 7 I 111111111111 111141111111111111111 lit 1111111111111 6434 84344'S 1 118/20003 4a 3D 0.0fl C,$p1 RFIELD7CQUI4 ` COORf $of28R A. To separate from the Property, one (1) lot not to exceed four and one-half (4'/a) acres in size, together with a proportional amount of the Water Rights, subject to the terms of this Easement (hereinafter "Lot A"). The remainder of the Property after such separation shall hereinafter be called the "Remainder Property" and shall include all Dedicated Water Rights (as defined in Section 11 herein); B. To erect and maintain one (1) single -family homesite on Lot A with a limited building and disturbance envelope (hereinafter "building envelope") not to exceed two (2) acres in size, with a building footprint, inclusive of all structures, not to exceed six-thousand five hundred (6,500) square feet. The location of the building envelope on Lot A is generally shown in Exhibit B, herein; however, the final location of the building envelope within Lot A is subject to change so as to accommodate the most area outside of the 100-year flood plain without Trust's prior approval. Grantor has the right to construct additional improvements in this building envelope accessory to the single -family residential use of the Property or reasonably necessary to the agricultural use of the Property, including an accessory dwelling unit, garage, greenhouse, barn, shed, art and craft studio, fences, gardens, orchards, decks, lawns, roads and other disturbances; C. Limited trimming of vegetation in select areas outside of the building envelope on Lot A will be permitted to allow the creation of view planes from the homesite to the Roaring Fork River; provided, however that such trimming does not increase the risk of erosion and minimizes destruction of wildlife habitat or other ecological Conservation Values of the Property, as determined by the Land Trust. Grantor agrees to survey such view planes to specifically describe the location and scope of permitted trimming activities before any such activities commence, and to obtain Trust's prior approval of the location and scope of such view planes before having them surveyed. This survey shall be completed no later than October 30, 2004 and shall be added to this Deed as Exhibit D. The amended Deed shall be rerecorded with the Garfield County Clerk and Recorder; D. Utilities and utility easements over and across the Property as needed for the development and maintenance of Lot A, and three (3) additional homesites located adjacent to and north of the Property, on the North Parcel (as generally shown in Exhibit B, herein), and utilities as located in existing utility easements. Such utilities and utility easements may include, without limitation, water and sewer lines, telephone and communications lines, electric and gas lines, and other utilities necessary to the development of such homesites. The location of such utilities and utility easements is not specifically described herein, and does not require Trust's approval. Grantor has the right to clear vegetation on the Property as is reasonably necessary to construct and maintain such utilities; provided, however that such action is designed to minimize impacts to the Conservation Values of the Property, and is subject to remediation to restore the Property to its condition prior to such action as closely as possible. All utilities, including electric and telephone lines, shall be buried Northeast Coffman Ranch Conservation Easement Page 8 111111111111111111 I111111111111111111111111111111LS�1 I111 843445 12/19/2003 03:14P 81548 P742 F 9 of 28 R 141.00 0 0.00 GARFIELD COUNTY CO wherever and whenever possible, and shall located within access easements wherever and whenever possible; E. A maximum of two (2) access roads, not to exceed twelve (12) feet in width (except as necessary for cul de sacs, pull outs, or other County land use requirements, in which case road width may not exceed sixteen (16) feet across). Such roads shall be located within two (2) access easements not to exceed thirty (30) feet in width, each, over and across the Property as needed to access Lot A and lots north of and adjacent to the Property on Coffman Ranch. From the intersection with County Road 100 for a distance of 50 feet onto the Property, the access easement may be as wide as 50 feet. The location of such roads and access easements does not require Trust's prior approval. Grantor has the right to dear vegetation and alter the surface of the Property as is reasonably necessary, to construct and maintain these roads within the access easements; provided, however such alterations are designed to minimize impacts to the lands traversed and to the Conservation Values of the Property, Such roads shall be built at surface grade whenever and wherever possible, and may be paved; F. The general locations of the improvements described above, including Lot A, the building envelope, and access roads, shall be as shown on Exhibit B. In the event that the locations of these improvements change from those described in Exhibit B, herein, such changes shall be recorded in an amended Exhibit B, and the Deed of Conservation Easement shall be rerecorded to reflect these changes. In addition, the amended Exhibit B may show the locations of additional improvements allowed herein, that are not shown on the original Exhibit B; G. The right to construct no more than two (2) structures for agricultural purposes (such as hay sheds or loafing sheds), not to exceed two -thousand (2,000) square feet in size, collectively, on the Remainder Property; provided, however, that such improvements are not located in a riparian, wetland or forested area of the Property, and are not fully enclosed (such as barns or residences). Trust's prior approval is not required for construction or placement of such structures; H. The right to take any appropriate legal measures to adjust the northern boundary of the Property to the centerline of the Roaring Fork River, or to establish such similar boundary as is appropriate to the Property; provided, however, it does not decrease the total acreage of the Property or diminish its Conservation Values. Any acreage that may be added to the Property as a result of this process shall be incorporated into the Remainder Property and shalt be subject to the terms of this Deed of Conservation Easement. Grantor agrees that when and if such boundary is changed, this Deed shall be amended to reflect the revised legal description of the Property and rerecorded in a timely fashion; and 1. Subject to Section 11, below, Grantor shall retain, reserve, and preserve the right to use the Water Rights appurtenant to the Property, including but not limited to Northeast Coffman Ranch Conservation Easement Page 9 1111111111111 11111111111111111111111111111111111111 llll 643445 12/19/2003 81341.00 D 0.00 GARFIELD4COUNTY CO 10 groundwater, appropriated, and augmented Water Rights, including such new Water Rights as may be developed as incidental and necessary to the maintenance and protection of the agricultural character, scenic, environmental and other Conservation Values of the Property, and to irrigate the Property. Grantor shall have the right to construct, maintain, and improve irrigation fixtures, headgates, ditches, water wells, and other water systems on the Property consistent with the uses permitted hereunder. Grantor, or any other interest holder in the Slough or Union Ditches, may manipulate, enlarge, relocate, or change diversion points and/or ditch alignment or otherwise alter ditch(es) for irrigation purposes. 7. Notice of Intention to Undertake Certain Permitted Actions. When specifically required herein, Grantor, its successors and assigns, shall provide reasonable notice to the Trust prior to undertaking any new permitted activities within the Easement Property in order to afford the Trust an opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purposes of this Easement. Whenever notice is required, Grantor shalt notify the Trust in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question, unless a different time period for the giving of notice is approved by the Trust for the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Trust to make an informed judgment as to its consistency with the purposes of this Easement and the Conservation Values. 8. Trust's Approval. Whenever a provision of this Deed requires that Grantor obtain the Trust's approval of any activity on or use of the Property, such approval shall not be unreasonably withheld or delayed. Where the Trust's approval is required, the Trust shall grant or withhold its approval in writing within thirty (30) days of receipt of Grantor's written request therefor. The Trust's approval may be withheld only upon a reasonable determination by the Trust that the action as proposed would be inconsistent with the Conservation Values or the purposes or terms of this Deed and the reason(s) for such a determination shall be set forth with specificity by the Trust in a written notice to Grantor. Where a reasonable modification of the proposed use or activity by Grantor would render the same consistent with the purposes of this Deed and the Conservation Values, the Trust shall specify, in such written notice to Grantor, such required modifications. In the event such grant, denial, or conditional approval is not made by the Trust within such a time period, the Trust shall be deemed to have approved the action giving rise to the notice. 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 Deed. The Trust may enter the Property for the purpose of inspecting for violations in accordance with Subsection 3B above. lithe Trust finds what it believes is a violation, or a threat of a violation, the Trust shall notify Grantor in writing of the nature of the alleged violation. Upon receipt of this written notice, Grantor shall immediately discontinue any activity that could increase or expand the alleged violation and shall either; (1) restore the Property as best possible to its condition prior to the violation in accordance with a plan approved by the Trust; or (2) 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, both parties agree to meet as soon as possible to resolve this difference, If a resolution of this Northeast Coffman Ranch Conservation Easement Page 10 1 111111111111111111111111111111111111111111111111 1EORF 843443 12/19/2003 03:14P 81348 P744 M AL SO 11 of 28 R 141.00 to 0.00 GARFIELD COUNTY CO difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute pursuant to Section 9.1 below. Should Grantor not immediately discontinue any activity that could increase or expand the alleged violation; or should mediation fail to resolve the dispute within sixty (60) days of Trust's written notice to Grantor of the alleged violation, or by such other date as the parties may mutually agree, the parties may take appropriate legal action pursuant to the Sections below. The Trust's remedies described in this Deed shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of scenic or environmental values. The failure of Trust to discover a violation or to take immediate legal action shall not bar Trust from doing so within one year from the date upon which the violation occurred pursuant to C.R.S. § 38-41-119. 9.1 Mediation. If a dispute arises between the parties concerning the consistency of any proposed use or activity with the purpose of this 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 request made in writing upon the other. Within ten (10) days of the receipt of such request, the parties shall select a single trained and impartial mediator with experience in conservation easements and other land preservation tools. If the parties are unable to agree on the selection of a single mediator, then the parties shall, within fifteen (15) days of receipt of the initial request, jointly apply to a proper court for the appointment of a trained and impartial mediator with experience in conservation easements and other land preservation tools. Mediation shall then proceed in accordance with the following guidelines: A. Purpose, The purpose of the mediation is to: (1) promote discussion between the parties; (2) assist the parties to develop and exchange pertinent information concerning the issues in dispute; and (3) assist the parties to develop proposals which will 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 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, attending all sessions scheduled by the mediator. Representatives of the parties with settlement authority will attend mediation sessions as required by the mediator. C. Confidentiality. All information 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 party in any subsequent litigation. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceedings or construed as an admission of a party. Northeast Coffman Ranch Conservation Easement Page S l I 11Q11111 111311111 111111111111111111111111111111 643445 12/19/2003 O3.14P 81048 P743 ORF 12 of 28 R 141.00 0 0.00 GARFIELD COUNTY CO D. Time Period. Neither party shall be obligated to continue the mediation process beyond a period of sixty (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. 9.2 I junctive Relief, The Trust may bring an action at law or in equity, ex parte as necessary, in a court of competent jurisdiction, to enforce the terms of this Grant and to enjoin by temporary or permanent injunction a violation, including to require or cause the restoration of the Property to the condition that existed prior to the violation, under the following circumstances: A. If the Grantor, after receipt of a notice of violation from the Trust, fails immediately to discontinue any activity that could increase or expand an alleged violation; or B. If Grantor, after receipt of a notice of violation from the Trust, fails within ten (10) days either to provide a written explanation to the Trust of the reason why the alleged violation should be permitted, ar to begin restoring the Property as best as possible to its condition prior to the violation; or C. If Grantor, after commencing to restore the Property to its condition prior to a violation, fails to continue diligently to cure the violation. 9.3 Damages. The Trust shall be entitled to recover damages for violation of the terms of this Easement or injury to the Conservation Values, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values. Without limiting Grantor's liability therefor, the Trust, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. 9.4 Emergency Enforcement. If the Trust reasonably believes an ongoing or threatened imminent activity violates the Easement, the Trust may, in its sole discretion, take immediate legal action as set forth in this Section 9 without prior notice to Grantor and without waiting for the period provided for cure to expire. 9.5 Actual or Threatened Non -Compliance. The Trust's rights under this Section 9 apply equally in the event of either actual or threatened violations of the terms of this Easement. Grantor agrees that the Trust's remedies at law for any violation of the terms of this Easement are inadequate and that the Trust shall be entitled to the injunctive relief described in Subsection 9.3, both prohibitive and mandatory, in addition to such other relief to which the Trust may be entitled, including specific performance of the terms of this Deed, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. 9.6 Costs of Enforcement. All reasonable costs incurred by the Trust in enforcing the terms of this Easement against Grantor including, without limitation, costs and expenses of injunction ar suit and reasonable attorney's fees, and any costs of restoration necessitated by Northeast Coffman Ranch Conservation Easement Page 12 l 434411111!! 111! 111111 !till 111!11 lull 1111!11111111111 133of0282R19/2003 141.00 p3:14P 81548 P746 M 0.00 GARFIELD COUNTY 13 Grantor's violation of the terms of this Easement shall be borne by Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action each party shall bear hs own costs. 9.7 The Trust's Discretion. Enforcement of the terms of this Easement shall be at the sole discretion of the Trust, and any forbearance by the Trust to exercise its rights under this Easement in the event of any breach of any term of this Easement 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 or of any of the Trust's rights under this Easement. No delay or omission by the Trust in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver, 9.8 Waiver of Certain Defenses. No action shall be commenced or maintained to enforce the terms of any building restriction described in this Easement, or to compel the removal of any building or improvement, unless said action is commenced within four (4) years from the date of the violation for which the action is sought to be brought or maintained. To the extent that any defense available to Grantor pursuant to C.R.S. Section 38-41-119 is inconsistent with the foregoing, such defense is waived by Grantor. Grantor waives the defenses of laches, estoppel and prescription with regard to the enforcement of all other terms of this Easement. 9.9 Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle the Trust to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. Grantor is not responsible for acts of third parties that are out of Grantor's control, except that Grantor is responsible for guests and other third parties authorized by Grantor to access the Property. 10. Access. Nothing contained herein shall be construed as affording the public access to any portion of the Property, although the Grantor may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is consistent with the terms of this Deed. Perpetual, private, non -motorized access to the Roaring Fork River as it crosses the Property is permitted for the future owner of Lot A, and for any future owners of the North Parcel or any lots located thereon. Any trail to or along the Roaring Fork River in this zone shall be designed to minimize impact to the wetland, riparian, wildlife and scenic Conservation Values of the Property, and shall remain in an unimproved condition not to exceed three (3) feet in width. Minimal trimming of vegetation as necessary to accommodate such a trail is permitted. The parties also understand and agree that in the event the northern boundary of the Property is adjusted to include acreage to the north of the current Property boundary pursuant to Subsection 61-1, the Grantor shall have the right to grant easements for perpetual, private, non -motorized access to the Roaring Fork River as it may cross the land added to the Property, to the future owner of Lot A, and to any future owners of the North Parcel or any lots located thereon. However, all other conditions of access stated in this Section 10 shall also apply to any land added to the Property. 11. Wider Rights. The Property subject to this Easement includes certain decreed and undecreed water rights, ditches and ditch rights, springs and spring rights, wells and groundwater Northeast Coffman Ranch Conservation Easement Page 13 i ICI MR 1111 11% in MU 548 P747 M ALSDORF • 643445a 12/v19/2003 ei Dao. ;i4P 81i 00 GARFIELD COUNTY CO rights, and any other types of rights related to the ownership of water, tributary, non -tributary and not non -tributary, appurtenant to or customarily or historically used or associated with or upon the Property, including, but not limited to, ownership interests in the First Enlargement of the Union Ditch No. 186-A and the Slough Ditch and Banning Lateral No. 193 as adjudicated May 3, 1937 in Garfield County Court Case No. 3082 (see Exhibit C), together with any and all of the rights associated with the historical and beneficial use of any of the embankments, flumes, headgates, measuring devices or other structures that are appurtenant to those water rights, along with all easements and rights of way therefor. Grantor and the Trust agree that a portion of these water rights (collectively "Dedicated Water Rights") must be maintained on the Property to ensure the minimum level of preservation and protection of the agricultural, scenic, and environmental Conservation Values, including wildlife, wetland and riparian habitat, defined more or less as the amount of water traditionally used to maintain the Property's Conservation Values. The descriptions and amounts of these Dedicated Water Rights are not specifically set forth herein, Grantor shall not transfer, encumber, sell, lease or otherwise separate from the Property, or change the historic use of the Dedicated Water Rights, without the prior written consent of and determination by the Trust that such transfer or other change is not inconsistent with the preservation and protection of the Conservation Values, or is justified by technological improvements in irrigation efficiency, or changes in vegetative water requirements. Grantor agrees that any separation of Dedicated Water Rights from the Property allowed by the Trust pursuant to this Section may not later be alleged to be grounds for extinguishment of the Conservation Easement pursuant to Section 1110 13, below. Non -Dedicated Water Rights appurtenant to the Property are not subject to this Easement, and may be sold or otherwise separated from the Property by Grantor; provided, however, that Grantor obtains a water analysis to quantify and specifically describe the Dedicated Water Rights before separating any non -Dedicated Water Rights from the Property. The Trust shall not be entitled to any portion ofthe proceeds from such sale of non -Dedicated Water Rights. Grantor also agrees not to initiate actions which would form the basis to adjudicate additional water storage rights without the prior written approval ate Trust, which approval the Trust may withhold in its sole discretion. If Grantor fails to maintain the historic use ofthe Dedicated Water Rights upon the Property, or those rights necessary to preserve and protect the Conservation Values of the Property, Trust shall have the right, but not the obligation to enter upon the Property and undertake any and all actions reasonably necessary to continue the historic use of the Dedicated Water Rights in order to preserve and protect the Conservation Values of the Property. Grantor shall not abandon or allow the abandonment of, by action or inaction, any of the Dedicated Water Rights. If the Dedicated Water Rights are under threat of abandonment, or if the Trust approves the separation of Dedicated Water Rights from the Property pursuant to this Section, Grantor agrees that ownership of said Dedicated Water Rights shall pass to the Trust, and the Trust shall have the right to use such Dedicated Water Rights for beneficial conservation purposes on the Property or elsewhere in Garfield County, and to sell or otherwise convey all or part of such rights to the Colorado Water Conservation Board (hereinafter "CW CB"), or other entity qualified at the time of transfer to hold instream flow water rights for the specific purpose of adding instream flow to the Roaring Fork River. In the event of a drought year, when sufficient water is not available to irrigate the entire agricultural portion of the Property, Grantor may elect to irrigate only a portion of the Northeast Coffman Ranch Conservation Easement Page 14 1 1 N Hill 111111 I1l1il 111111111111111 ill 11111161111111 64344'3 12/1S/2003 03:14P 81*548 P748 15 of 28 R 141.09 D 0.410 GARFIELD COUNTY CO Property, and may sign a "dry year lease" or similar contract with the CWCB, or other entity as is qualified at the time to hold such lease or contract, allowing Water Rights to be temporarily used for instrearn flow in the Roaring Fork River; provided, however, such lease, contract or change in irrigation practice does not threaten injury or abandonment to any portion of the Dedicated Water Rights. 12, Costs, Liabilities, Taxes and Environmental Compliance. 12.1 Costs, Legal Requirements and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate liability insurance coverage, which names the Trust as an additional insured. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 12.2 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "Taxes"), including any Taxes imposed upon, or incurred as a result of, this Easement, and shall furnish the Trust with satisfactory evidence of payment upon request. The Trust is authorized, but in no event obligated, to make or advance any payment of Taxes, upon ten (10) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the Taxes or the accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear interest until paid by Grantor to the Trust at the lesser of fifteen percent (15%) per annum, or the maximum rate allowed by law. 12.3 Open Space Conservation Fund Contribution. Upon the initial sale and each subsequent resale of an improved or unimproved Lot within the Property to another Person (excluding gifts, sales or transfers of land to the children and grandchildren of Rex and JoAnn Coffman, and transfers by court order or by will or intestacy), the Lot purchaser shall be obligated to pay to the Aspen Valley Land Trust, or such successor organization as exists at the time of transfer, an Open Space Conservation Fund Contribution in the amount of one quarter of one percent (0.25% or gross sales price times 0.0025) of the gross sales price in order that the Trust may continue to preserve open space. The Open Space Contribution is to be paid directly to the Trust at the time of sale or transfer of a Lot. If an Open Space Contribution is not paid to the Trust at the time of sale or transfer of a Lot as provided herein, the unpaid Open Space Contribution shall bear interest at the rate of eighteen percent (18%) per annum from the date of sale or transfer until paid in full, and shall constitute the personal obligation of the purchaser/Lot Owner, and shall be a lien and security interest on the title to the lot being sold which may be foreclosed by the Trust in the same manner as a mortgage on real property. The delinquent purchaser/Lot Owner shall also be responsible for costs and attorneys' fees Northeast Coffman Ranch Conservation Easement Page I5 1 111111111111111111111111111111111111111111111111 H11111 643443 12/19/2003 03:14P B1546 P749 M AL_SDORF 16 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO incurred by the Trust in collecting said unpaid Open Space Contributions, whether by efforts short of collection action or foreclosure, collection action in the courts and/or a foreclosure action. 12.4 Noxious Weeds. Grantor, its successors and assigns, shall comply with the Colorado Noxious Weed Act (hereinafter "Act"), C.R.S. 35-5.5-101, as the same now exists or may be amended from time to time, in connection with the Property. Should Grantor, pursuant to the Act, be required to eradicate arty "undesirable plants" (as that terra is described in the Act), Grantor shall work to create a control method of integrated management of such eradication which results in the least possible impact (environmental, biological, or otherwise) to the non -noxious biology and Conservation Values of the Property, whether such management requires cultural control, mechanical control, chemical control, or any combination thereof. Any and all costs incurred as a result of any required eradication process initiated pursuant to the Act shall be the sole obligation of Grantor. 12.5 Representations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: A. No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Property, except for fuels, lubricants and other substances [e.g. anti -freeze, paint, veterinary medicines] customarily used or transported in connection with camping, wrangling, agricultural and construction activities on the Property; B. There are not now any underground storage tanks located on the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements; C. Grantor and the Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use; D. But for potential eminent domain proceedings for the establishment of a public roadway across the Property, there is no pending or threatened litigation in any way affecting, involving, or relating to the Property; E. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out ofany violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts or Northeast Coffman Ranch Conservation Easement Page 16 1 �1 ��� �1III IMTIMIMI1111111111 5434 Hill �l YCO 28 R 00 D 0 00 �GARFIELDcoUwi7L5 ORF 17 a circumstances that Grantor might reasonably expect to form the basis for any such proceedings, investigations, notices, claims, demands, or orders; and F. Grantor warrants that Grantor has good and sufficient title to the Property, that Grantor has good right, full power and lawful authority to grant and convey this Easement, that any mortgages or liens on the Property are and shall remain subordinate to the terms of this Easement, and Grantor hereby promises to 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, which are acceptable to the Trust at the time of execution of the Easement. 12.6 Remediation. 1f, at any time, there occurs, or has occurred, a release in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Trust, in which case the Trust shall be responsible therefor, 12.7 Control. Nothing in this Deed shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in the Trust to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of CERCLA, and any Colorado state law counterpart. 12.8 Hold Harmless. Grantor shall hold harmless and indemnify the Trust and its members, directors, officers, employees, agents, personal representatives, successors, and assigns of each ofthern (collectively "indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, cause of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement, including, without limitation, CERCLA, by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release of hazardous or toxic substances in, on, from, under or about the Property at any time, of any substance now or hereafter defined, 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 Indemnified Parties; and (4) the obligations, covenants, representations, and warranties of Sections 12.1 through 12.7. Northeast Coffman Ranch Conservation Easement Page 17 1 111111111111111111CHI 111111111111111111 111111 111 1111 643446 12/19/2003 03:14P B1548 P751 M AL f8 of 28 R 141.00 0 0.00 GRRFIELD COUNTY CO 13. Extinguishment and Condemnation. 13.1 Extinguishment. In granting this Easement, Grantor has considered the possibility that uses prohibited by the terms of this Easement may become more economically valuable than permitted uses and that neighboring properties may be used entirely for such prohibited uses in the future. It is the intent of Grantor and the Trust that any such changes shall not be deemed circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to conduct or implement any or all of the uses permitted under this Easement, or the unprofitability of doing so. shall not impair the validity of this Easement or be considered grounds for its termination er extinguishment. If circumstances arise in the future that render the purposes of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other when it first learns of such circumstances. The 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 or extinguishment, shall be determined, unless otherwise provided by Colorado law at the time, in accordance with Section 13.2, below. The Trust shall use all such proceeds in a manner consistent with the conservation purposes of this Easement. 13.2 Proceeds. This Easement constitutes a real property interest immediately vested in Trust, which the parties stipulate to have a fair market value of determined by multiplying (1) the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this Deed attributable to improvements) by (2) the percentage of diminution in value to the Property attributed to the Conservation Easement, as determined by appraisal. The values at the time of this Deed shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this Deed, pursuant to Section 170(h) of the Internal Revenue Code of 1986, as amended. For the purposes of this Section, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. 13.3 Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor 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 direct or incidental 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 multiplying that balance by the formula set forth in Subsection 13.2. 13.4 Application of Proceeds. The Trust shall use any proceeds received under the circumstances described in this Section 13 in a manner consistent with its conservation purposes, which are exemplified by this Deed. Northeast Coffman Ranch Conservation Easement Page 18 1 1111113111 111111 111111 HAT! 1111111111111 LIME 35219/2003 141.00 0 0.00 GARFIELD COUN4P Bi548 P752 M TY 19 19SDORF of28RCO 14. Assignment. This Easement is transferable by the Trust, but the Trust may assign hs rights and obligations under this Easement only with Grantor's consent, which consent shall not be unreasonably withheld, to an organization that is (1) a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended or succeeded, and the applicable regulations promulgated thereunder; (2) authorized to acquire and hold conservation easements under Colorado law; and (3) charged with a mission similar to the Trust's mission. As a condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to carry out and uphold the purposes of this Easement and the Conservation Values and otherwise assume all ofthe obligations and liabilities of the Trust set forth herein or created hereby. After such transfer, the Trust shall have no further obligation or liability under this Easement. The Trust agrees to give written notice of and seek consent from Grantor for an assignment at least sixty (60) days prior to the date of such assignment. 15. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement, by reference or otherwise, in any Deed or other legal instrument by which it divests itself of any interest in the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to the Trust ofthe transfer of any such interest at least thirty (30) days prior to the dale of such transfer. The failure of Grantor to perform any act required by this Section shall not impair the validity of this Easement or limit its enforceability in any way. 16. Estoppel Certificates. Upon request by Grantor, The Trust shall within thirty (30) days execute and deliver to Grantor, or to any party designated by Grantor, any document, including an estoppel certificate, which certifies, to the best of the Trust's knowledge, Grantor's compliance with any obligation of Grantor contained in this Easement or otherwise evidences the status of this Easement. Such certification shall be limited to the condition of the Property as of the Trust's most recent inspection. If Grantor requests more current documentation, the Trust shall conduct an inspection, at Grantor's expense, within sixty (60) days of receipt of Grantor's written request therefor. However, in the event that weather, or other circumstances outside of the Trust's control, prevent the Trust from conducting an inspection within sixty (60) days of receipt of Grantor's written request, the Trust shall conduct such inspection within a timely manner once such weather or circumstances which prevent the inspection no longer exist. 17. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows or to such other address as either party from time to time shall designate by written notice to the other: To Grantor: With a copy to: Rex Coffman 1837 County Road 100 Carbondale, CO 81623 Jessica E. Jay, Esq. Conservation Law, P.C. 52 Meadowlark Drive Evergreen, CO 80439 Northeast Coffman Ranch Conservation Easement Page 19 1 111111 11111 111111 111111 1111 111111 1111 kl 1111113 II 1111111 543445 1211812003 03:14P 51548 P7 F 20 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO To the Trust: e4-0 C n Aspen Valley Land Trust Martha Cochran, Executive Director 320 Main Street, Suite 204 Carbondale, CO 81623 18. Recordation. The Trust shall record this instrument in timely fashion in the official records of Garfield County, Colorado, and may re-record it at any time as may be required to preserve its rights in this Easement. 19. Amendment. If circumstances arise under which an amendment to or modification of this Easement would be appropriate to promote the purposes of this Easement and the protection of the Conservation Values ofthe Property, Grantor and the Trust may jointly amend this Easement (in accordance with the Policies ofthe Trust.) However, the Trust is under no obligation to amend this Easement, and may decline to amend this Easement in its sole and exclusive judgment. No amendment shall be allowed that will affect the qualifications of this Easement under any applicable law. Any amendment must be consistent with the purposes of this Easement and the Conservation Values and may not affect the Easement's perpetual duration. Any amendment must be in writing, signed by both parties, and recorded in the records of the Clerk and Recorder of Garfield County, Colorado. 20. Subordination. If at the time of conveyance of this Easement, the Property is subject to a Deed of Trust, the trustee shall have agreed by separate instrument to subordinate its rights in the Property to the extent necessary to permit the Trust to enforce the purposes of this Easement in perpetuity and to prevent any modification or extinguishment of this Easement by the exercise of any rights of the trustee deed. 21. General Provisions. A. Exhibits, The following Exhibits are attached to and incorporated by reference into this Deed of Conservation Easement: Exhibit A: Legal Description of North Parcel; Exhibit B: Land Plan; and Exhibit C: Abstacts of Water Decrees Exhibit D: Survey of View Planes from Lot A to Roaring Fork River (to be added) B. Definitions. The terms "Grantor" and the "Trust," wherever used herein, and any pronouns used in place of those terms, shall be deemed to include, respectively, Grantor and its heirs, personal representatives, executors, administrators, successors and assigns, and the Trust, its successors and assigns. Northeast Coffman Ranch Conservation Easement Page 20 1 1 111111111111l11111111111111111111111111111111111111111 3821�4 M S 141.00 0 0.00 GRRFIELDCOUNTY DORF 21of28RCO C. Controlling Law. The interpretation and performance of this Deed shall be governed by the laws of the State of Colorado. D. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the Deed to effect the purposes of this 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 the purposes of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. The common law rules of disfavoring restrictions on the use of real property and construing restrictions in favor of the free and unrestricted use of real property shall not apply to interpretations of this Easement or to disputes between the Parties concerning the meaning of particular provisions of this Easement. E. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall be deemed severable and remain in full force and effect. F. Entire Agreement, This instrument sets forth the entire agreement between the Parties with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Easement, all of which are merged herein. G. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. H. Joint Obligation. The obligations imposed by this Easement upon Grantor shall be joint and several (in the event that there is more than one Grantor). 1. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. ] Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in this Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer, K. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. Northeast Coffman Ranch Conservation Easement Page 21 1 111111111111111111111111111111111111111 111 1111111 11 1111 643445 1211812003 03:14P 81548 P755 M fLSDORF 22 of 28 R 141.00 D 0.00 GRRFIELD COUNTY CO L. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. M. Merger. Unless the parties expressly state that they intend a merger of estates or interests to occur, then no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Deed. Northeast Coffman Ranch Conservation Easement Page 22 111111111111I1111111111111111111I1111111111111111�11 M111 643445 12 003 .14P P7 6 M 23 of 281 R19/2 141.60 De 03 0.00 51548 OPRF4IELD COUNTY CGS IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of Conservation Easement as of the date first written above. GRANTOR: By: By: kiC OK. Rex A. Coffman, weer JoAnn G. Coffman, Owner Afszo STATE OF E+f '3PAN, ) -filar,r cpm ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this by Rex A. Coffman and JoAnn G. Coffman as Grantor. WITNESS my hand and official seal. [SEAL] s KATIE BURTON #load' Ptisic stats or Arizona AAARICOPN COUNTY TT7TTT♦4.1'It r*Ty day of My commission expires: , 2003, (ep)6er 15, 20 05 Northeast Coffman Ranch Conservation Easement 2003 Page 23 1 1111111 11111 111111 111111 111111111111111 111 1111611111111 8434455 12/19/2003 03:14P B1548 P757 M ALSDORF 24 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO ACCEPTED: ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, By: Shannon Meyer, A socia ector STATE OF COLORADO } ) ss. COUNTY OF GARFIELD ) ‘11) The foregoing instrument was acknowledged before me this 11 day of 22' 2003, by Shannon Meyer, as Associate Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation. WITNESS my hand and official seal. [SEAL SAY COMMISSION p tFtEm OCT013ER 27, 2004 Notary Public My commission expires: ip a 1 X L 11 Northeast Coffman Ranch Conservation Easement 2003 Page 24 1 Order Number: 426 G erf +AaN 12Aka(-3-1 t'JCI R..`11 P -e- • I j_ 0 _ 11.!? .:.F 9 on. op m 111 mv iTia -z .-1=7 *4 N MO a Ulee _ • LEGAL DESCRIPTION .1,)Jvt6 A PARCZL 07 LAMD 8ITDATXD IR GION731MINT LOTS 12, 13, 16, 17 MW A PORTION 07 LOT 15 SECTION 36 TOIf11s1[IP 7 SOtTTN, RAN= 88 WEST, Or TH1 BUTS PRiNCIPLZ rnIDIA1, LOT 14, BICTIOI 31. TOWNSHIP 7 SOUTH, RAMON 67 11CST 07 TSB SIXTH PP.X$CIPLZ W.ZDIAN E=IN0 MORN PARTICULARLY D1SCRINID A8 FOLLOW; CONXINCING AT THE NORTHEAST CORU1 O7 SAID GOVERNMENT LOT NORTHEAST CORA! O7 SIC.TION 1, T'Q1[ smIP 8 SOQTB, RANO' 86 PRINCIPAL NINIDIAN BLA. U S 13°22'070 1I 2162.73 FE1T; TRS S 00.30'00' Z., 716.87 TELT ALONG T81 NAST LINK 07 14 1 14 WHENCE TEX WEST OF TH1 6T8 SAID Gamma= LOT TOWN ALONG A MINCE LI7i1 ENING TSE NORTBZILY RIGHT OT KAY OF COUNTY ROAD 100 TSS FOLLOWING FOURTEEN (14) COURSIS : 1) 8 2) S 3) 8 4) 5 5) 8 6) 8 7) 8 8) 8 9) 8 79'49'23' 1 A DISTANCE OF 47.57 7817; 73'31'13' W A DISTANCE 07 120.98 YEW; 69'43'21' W A DISTANCE O7 189.48 TINT; 74'47'25- 1 A DISTANCE Or 129.37 7111T) 131'33'50' 11 A DISTANCE 07 622.29 TUT/ 81'11'21" 11 A DISTANCE 07 701.96 FUT; 81.30'30' 11 A DISTANCE 07 904.74 FST; 83'53'04■ 1f A DISTANCE O7 314.48 7EZ7; 86'24'26* 1f A DISTANCE O7 339.69 FUT; 10) 8 67'37'15' K A DISTANCE 07 111.30 71171 11) 8 89'03'08' A A Dx8TANCK 07 413.29 MT; 12) 8 88'16'36" 1f A DIBTAN 07 122.15 MKT; 13) 1 68'14'12' 7 A DISTANCE O7 145.07 MST; 14) R B3'44'01° lr 61.10 r=ri TO THE 80 AST CORKER O7 A TRACT 07 LA MD AS D88CR1IND IN PLAT BOOR 763 PARSE 727; THENCE CONTINUING ALONG 831.1D TRICK LINE BRING T8180RTHIRLY RIGHT OF 737 OP COUNTY ROAD 100 T81 FOLLOWING FINK (5) COURSES: 1) 11 86'09'40" X A DISTANCI 01 178.03 7817; 2) 8 89641'20' 7 A DISTAN'CZ OF 149.39 1r8ETI 3) S 89"04'10' N A DIBTANCZ OT 183.80 TAIT; 4) S 80.44'28' 1I A DISTANCE 07 30.21 FRET 70 TSE KOUT/MAST CORNER OF A PARCEL OF LANY1 AS DESCRIBKD IN PLAT 8001 765 PARC 933; 5) S 0B'44' 33' 7 512.81 7E1T TO TEN SOUTHWEST CORN= 07 A TRACT Or LAND AS DASCR1BED IN PLAT 8001 765 FAUN 933; T$ENCE Z 15'30'44' Z 192.83 rXET; =INCE S 87'21'450 Z 227.54 FENT; THENCE 7 79'07'46' I 120.81 TENT, TWICE S 84'37'27' E 114.68 7ZZT TO A POINT 07 718 NORTHEAST CORNER O7 A TRAGI 0T LAND AS =SCRIM= S8 PLAT ZOOK 765 PAG; 7271 TWICE 8 x4.37'27• E 88.95 7Ksr; THNNOS8 01'41'43` 8 67.60 TINT; TSZi1CN a 82'04'26' K 266.62 TUT,/ THENCE W 79'04'46" K 220.50 FUT; TEEi1t1 S 02.44'09" 1 115.26 F81T; TNANCS 8 22'09'51* E 22.78 7NNT TO A POINT 0K TUN 77STINL7 LIMN 07 G0VER (UIT LOT 16; TB/INCE 8 00.10'33' 7 1412.92 rims ALONG TEl WISTTIRRLT LINZ 07 SAID GOVERNMENT Continued on next peg* • • • 1111111 111111111111111111111111111 11111111111111111 1111 1543443 1211Q/2003 413 14P B1348 P739 11 ALSD{?RF 26 of 28 R 141.00 D 0.410 GARFIELD COUNTY CO J Et9I9 oPa-K103.31eP auJ PSI POI Lill atru,mpol smut Pur tau puad qua[/mu anSlgpa}i ns[ a3 1 ea e r 1 tyn /11111 11111 • 111111111 111111 11111 1111 1111111 111114 • 111111 111111L111/2003 03 t 14P 81348 P'f61 n ALSDORF 280f8R xg air 26 R 141.@Hi► D 4.00 GpRIFiELD COUNTY EXHIBIT C Abstracts of Water Rights 128288 The Union Ditch No. 186-A. Said ditch is numbered 186-A. Under former decrees of the Court it has been awarded Priority No. 265-A for 9.44 cu. ft. of water per second of time relating back to and dated from the 20th day of April A.D. 1884 under and by virtue of original construction. Said ditch is under this decree entitled to Priority No. 301 for 21.56 cu. ft. of water per second of time relating back to and dating from the 20i° day of April, A.D. 1890, under and by virtue of the First Enlargement. The claimants of said ditch are Alex Cuaz, Arthur B. Dudley, Arthur Bon, Jr. and Mrs Gerbaz. Said ditch is used for irrigation purposes and takes its supply of water from the Roaring Fork River in Garfield County, Colorado. The headgate is located on the South bank of said river at a point which bears from the Southeast corner of Tp. 7 S., R. 88 W. 6th P.M. North 52°52' West 2542 feet. The testimony in this case establishes that the water and priority rights and volume of water awarded said ditch under said prior decree have at all times been beneficially used and applied in accordance with the terms of the decree establishing the same and said decree and the priority right thereby awarded are hereby ratified and confirmed, 1T IS FURTHER ORDERED, ADJUDGED AND DECREED, That there be allowed to flow into said ditch from said Roaring Fork River for the use aforesaid and for the benefit of the parties entitled thereto and by virtue of the appropriation by First Enlargement, Priority No. 301 for 21.56 cu. ft. of water per second of time relating back to and dating from the 20th day of April A.D. 1890. IT 1S FURTHER ORDERED, ADJUDGED AND DECREED, That said Priority No. 301 hereby awarded to the extent of 21.56 cu. ft. of water per second of time is hereby made absolute and unconditional. IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the total amount of water to which said ditch is at present entitled is computed at 31 cu. ft. of water per second of time. Done in open Court, By the Court. John T. Shumate, Judge. State of Colorado, County of Garfield. 1, N.D. Smith, Clerk of the District Court in and for the County of Garfield in the Ninth Judicial District of the State of Colorado do hereby certify the above and foregoing to be full, true and complete copy of that part of the decree entered in Cause No. 3082 in the County Court entitled: iN THE MATTER OF THE ADJUDICATION OF PRIORITY RIGHTS TO THE USE OF WATER FOR IRRIGATION IN WATER DISTRICT NO. 38 IN THE STATE OF COLORADO, MAJOR BETEMPS, ETAL petitioners, which refers and pertains to the Union Ditch #186-A. Witness my hand and seal of the said Court in the Court House in Glenwood Springs, County and State aforesaid this 3rd day of May A. D. 1937. N. D. Smith, Clerk. Filed for record June 5, 1937 at 9:45 o'clock A.M. in Book 189 at page 157. 12$289 The Slough Ditch and Banning Lateral No. 193. Said ditch is numbered 193. Under former decrees of this Court it has been awarded Priority No. 274 for 6.58 cubic feet of water per second of time relating back to and dating from the 31" day of May, A.D. 1884 under and by virtue of original construction. Said ditch is under this decree entitled 10 Priority No. 309 for 42.68 cubic feet of water per second of time relating back to and dating from the 31" day of May A.D. 1890 under and by virtue of the First Enlargement. The claimants of said ditch are H. 1. Gardner, Catherine L. Gardener, Daniel Flynn, Estate of Margaret Flynn, deceased, Arthur B. Dudley, Alex Cuaz, Arthur Bon, Jr. and Mars Gerbaz. Said ditch Is used for irrigation purposes and takes its supply of water from the Roaring Forlc River in Garfield County, Colorado. The headgate is located on the South bank of said river at a point from which the Southeast corner of Section 36, Township 7, south, Range 88, West of the 6`h P. M. bears South 290'18" last 1545 feet. The testimony in this case establishes that the water and priority rights and volume of water awarded said ditch under said prior decrees have at all times been beneficially used and applied in accordance with the terms of the decree establishing the same, and said decrees and the priority rights thereby awarded are hereby ratified and confirmed. IT iS FURTHER ORDERED ADJUDGED ANIS DECREED That there be allowed to flow into said ditch from said Roaring Fork River for the use aforesaid and for the benefit of the parties entitled thereto under and by virtue of the appropriation by First Enlargement Priority No. 309 for 42.68 cubic feet of water per second of time relating back to and dating from the 31° day of May, A. D. 1890. IT 15 FURTHER ORDERED, ADJUDGED AND DECREED That said priority No. 309 awarded, to the extent of 42.68 cubic feet of water per second of time is hereby made absolute and unconditional. IT iS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT, that the total amount of water to which said ditch is at present entitled is computed at 49.26 cubic feet of water per second of time. Certified to on May 3, 1937 as a true copy by N.D. Smith. Clerk of the District Court of Garfield County, Colorado. Done in open Court, By the Court: John T. Shumate, Judge. Filed for record June 5, 1937 at 9:47 o'clock A.M. in Book 189 at page 160. 1110 II1i1111111111I 111111111111111111111111111111IE • 665189 12/16/2004 08:28R B1848 P34 !1 fLSDORF 1 of 27 R 136.00 D 0,00 GARFIELD COUNTY CO • • NOTICE TO TITLE COMPANY: This Deed of Conservation Easement in Gross requires a 0.25% fee be paid to Aspen Valley Land Trust or its successor organization by purchaser upon purchase of any lot located on this Property, pursuant to Section 12.3 herein. AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT IN GROSS Northeast Coffman Ranch THIS AMENDED AND RESTATED DEED OF PERPETUAL CONSERVATION EASEMENT in gross is granted this day of December, 2004, by REX A. and JOANN G. COFFMAN ("Grantor"), to and for the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, having an address at 320 Main Street, Suite 204, Carbondale, Colorado 81623, (the "Trust"}(collectively, the "Parties"). Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description of Property Survey of Property and Conceptual Map of Coffman Ranch North Parcel (showing approximate location of Lot A) Abstracts of Water Decrees Survey of View Planes from Lot A to Roaring Fork River (to be added) RECITALS WHEREAS, Grantor is the sole owner in fee simple of certain real property in Garfield County, State of Colorado, more particularly described in Exhibit A and Exhibit B (hereinafter the "Property"), over and across which Grantor donated a Deed of Conservation Easement in Gross to the Trust on December 18, 2003 (which Easement Deed is on file at the Office of the Garfield County Clerk and Recorder as Reception No, 643445). The Property is comprised of approximately 38.00 acres of land and certain water rights. The term "Property" shall hereinafter be defined as the land and the water rights combined, and the term "Water Rights" shall refer solely to the water rights described in Section 1 I and Exhibit C herein; WHEREAS, the purpose of this first Amendment and Restatement of Deed of Conservation Easement in Gross is to amend the legal description and map of the Property included herein as Exhibit A and Exhibit B, respectively, and to correct references thereto, to accurately reflect the boundaries of the Property as surveyed by Scarrow & Walker, Inc on July 21, 2004, which boundaries are not altered by this instrument, as shown in Exhibit B and Section 6 of the original Easement Deed, but which are now being clarified to specifically exclude from the Property Lots 1, 2 and 3 of the Coffman Ranch Subdivision Exemption, North Parcel, as shown on the Plat recorded as Reception No. 663142; and to AN 111111 665169 12/16/2004 08:288 81648 P35 1 ALSOORF 2 of 27 R 136.00 D 0.00 GRRFIELD COUNTY CO add the appropriate percentage to the Proceeds Section 13.2. No other substantive revisions have been made hereto. WHEREAS, the Property possesses natural, scenic, open space, wildlife, riparian, wetland and agricultural values that are worthy of preservation (collectively, "Conservation Values"), as defined in C. R.S. § 38-30.5-101 et seq., of great importance to the Grantor, the Trust, the people of Garfield County, and the people of the State of Colorado; WHEREAS, in particular, the Property has unique characteristics as irrigated farm and grazing land representative of the agricultural heritage of the Roaring Fork Valley, including wildlife and wetland habitats, and riparian corridors along the Roaring Fork River which contribute to a biologically diverse ecosystem which includes various species of birds, mammals, reptiles, insects, fish and plants set against a scenic backdrop dominated by view plains of the surrounding Roaring Fork Valley ridgelines and the Roaring Fork River; WHEREAS, the Property lies within a scenic corridor at the historic entrance to the Town of Carbondale, where recent development in the vicinity of the Property and the Town of Carbondale threaten to degrade the biological integrity as well as the rural and scenic character of the Property and surrounding area; WHEREAS, the specific Conservation Values of the Property will be documented in an inventory of relevant features of the Property kept on file at the office of the Trust ("Baseline Documentation"), which consists of reports, maps, aerial and ground photographs, and other documentation that the Parties agree provide, collectively, an accurate representation of the Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant; WHEREAS, Grantor intends that the Conservation Values of the Property be preserved and maintained by the continuation of land use patterns on the Property existing at the time of this grant, including, without limitation, those relating to agricultural purposes and the active irrigation of the land for the production of hay and pasture grasses to be consumed by livestock grazing and corralled on the land, which uses the Trust acknowledges and agrees do not significantly impair or interfere with the Conservation Values; WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to preserve and protect the Conservation Values of the Property in perpetuity; WHEREAS, 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 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and is a publicly supported organization as described in Section 170(b)(1)(A) of the Code, whose primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of the Roaring Fork Valley area, Page 2 of 27 111111111111 II11111111111111111111111111111111111111111 665189 12/16/2004 08;28A 81648 P36 M ALSDDRF 3 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO including the arca in which the Property is located, by assisting landowners who wish to protect their land in perpetuity, and is a "qualified organization" to do so within the meaning of Section ] 7((h)(3) of the Code; WHEREAS, the people of the State of Colorado have recognized the importance of private efforts toward the preservation of natural systems in the State by the enactment of C.R.S. 38-30,5-101 et seq.; and WHEREAS, the people of Garfield County and the Town of Carbondale have expressed the importance of protecting and conserving agricultural lands, open space, and scenic vistas through passage of a Garfield County Comprehensive Plan of2000 and a Town of Carbondale Three Mile Area. Plan of 2000; and WHEREAS, the Board of Directors of the Trust has duly adopted a resolution approving the Trust's execution and acceptance of Conservation Easements. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, and in particular C.R.S. 38-30.5-101 el seq., Grantor hereby voluntarily grants, assigns, and conveys to the Trust, its successors and assigns, a Conservation Easement in Gross in perpetuity, consisting of the rights and restrictions enumerated herein, over and across the Property (the "Easement"). This Grant of Conservation Easement shall be subject to prior reservations, easements, encumbrances, and exceptions of record related to the property, except as otherwise set forth herein. 1. Purposes. The purposes of this Easement are to assure that the Property will remain forever predominantly in its agricultural, scenic, natural and open space condition, subject to the uses of the Property permitted hereunder, and to prevent any use of the Property that will significantly impair or interfere with the Conservation Values of the Property and, in the event of their degradation or destruction, to restore such Conservation Values of the Property. Grantor intends that this Easement will confine the use of the Property to such activities, including, without limitation, those involving ranching, farming, and general conservation purposes, as are consistent with the purposes of this Easement. Pursuant to the terms ofC.R.S, 38-30.5-101, et seq., the Property preserved hereby may not be converted or directed to any uses other than those provided herein. 2. Baseline Documentation. The Parties acknowledge that Suzanne Fusaro, a person familiar with Conservation Easements, the Property, and its environs, has prepared a primary Baseline Documentation of the Property. The Baseline Documentation has been reviewed and approved by the Trust and the Grantor as an accurate representation of the biological and physical condition of the Property at the time of this grant. Grantor will retain a copy of the Baseline Documentation for its records and a copy of the Baseline Documentation will be on file with the Trust. 3. Rights of Trust. To accomplish the purposes set forth herein for this Easement, Grantor conveys the following rights to the Trust, with such rights to be exercised subject to Trust's reasonable judgment: Page 3 of 27 • • 1111111111111111111111 111111111111111111111111111111111 665189 12/16/2004 08:28A 81648 P37 M ALSDORF 4 of 27 R 136.00 D 0.00 GARF I ELD COUNTY CO A. The right to identify, preserve, and protect the Conservation Values of the Property in perpetuity; B. The right to enter upon the Property at reasonable tunes, to inspect the Property thoroughly, to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon twenty-four hour prior notice to Grantor, and shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property, and except that no such notice shall be required in the event the Trust reasonably believes that immediate entry upon the Property is essential to prevent or mitigate a violation of this Easement; C. The right to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement, or which may threaten or significantly impair the Conservation Values of the Property, and to require the restoration of such areas or features of the Property that are damaged by any inconsistent activity or use; D. The right to enhance the Conservation Values along the Roaring Fork River and any other area within the Easement Property with Grantor's prior written approval, by planting, grading, irrigation, water channel restoration, streambank stabilization, spawning habitat construction and improvement, and any other activities as may be necessary to restore or enhance the Conservation Values ofthe Property, at the discretion of the Trust; and E. Any other rights that both Parties may approve that are consistent with the purposes of this Easement and the Conservation. Values. 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes of this Easement is prohibited. Without limiting the generality ofthe foregoing, the following activities and uses are expressly prohibited, unless specifically allowed elsewhere in this Easement: A. Any change, disturbance, alteration, or impairment of the relatively natural habitat for plants, wildlife, or similar ecosystems within and upon the Property, except as provided herein; B. The construction or placement of any buildings, structures, parking lots, camping accommodations, golf courses, mobile homes, boat ramps, billboards or commercial signs, except as expressly provided herein and except those existing on the date of this grant and as documented in the Baseline Documentation; the conveyance of easements, rights-of-way, the paving or grading of roadways or the construction of any roadways without the consent of the Trust, which consent shall be in the Trust's sole discretion; C. The removal, destruction, or cutting of native vegetation outside of an approved building envelope, except as permitted in Sections 5C and 6, below; Page 4 of 27 • 111111111111111111111i 111111111111�11i111111111 III1 �11� 685189 12/16/2004 08:28A 81548 P38 DORF 5 of 27 R 136.00 D 0.00 GRRFIELD COUNTY CO D. The intentional introduction, or failure to prevent the introduction or spread of noxious weeds such as those as identified by the Colorado Weed Management Association, other than for agricultural uses consistent with generally accepted practices as defined by the U.S. Department of Agriculture Natural Resources Conservation Service (hereinafter "NRCS"), or other such governmental entity as may be qualified at the time to oversee such practices; The overgrazing of livestock as determined by an expert in livestock management, or other ranching or farming practices which result in "low to moderate" soil quality as defined by the NRCS, or other such entity as may be qualified at the time to oversee such practices; F. The use of pesticides other than for the control of noxious weeds and/or pests in a manner consistent with sound environmental conservation practices, such as those determined by the NRCS; G. Subsurface Mineral Rights: Grantor shall not sell, transfer or otherwise separate Grantor's share of the mineral rights to oil or natural gas from the Property, except that Grantor may lease to a third party the right to explore for or extract oil and gas from below the surface of the Property; provided, however that such activities occur only in a manner that is consistent with the meaning of Section 170(h) of the Code and Section 1.170A -14(g) of the Treasury Regulations. Any disturbance of the surface of the Property for the exploration of subsurface minerals in a manner that is inconsistent with the meaning of Section 170(h) of the Code and Section 1.170A -14(g) is prohibited. H. 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 shall Grantor explore for or extract soil, sand, gravel, rock, or other minerals from the surface of the Property; The use of any motorized vehicles off roadways now existing or new roadways permitted herein, with the exception of the use of motorized vehicles incidental and necessary to the use of the Property for agricultural purposes; 3. The establishment or maintenance of any commercial feed lot, which shall be defined for purposes of this Easement as a permanently constructed confined area or facility within which the land is not grazed or cropped annually for purposes of engaging in the business of the reception and extended feeding and finishing of large numbers of livestock for hire; K. The establishment or maintenance of any commercial or extractive tree farm; L. The storage, dumping or other disposal of trash, ashes, garbage, toxic and/or hazardous materials on the Property, other than the collection and disposal of agricultural products and byproducts on the Property including tree limbs, scrap lumber and other organic Page 5 of 27 • i mui 11111 1111111 111 III muuini 111 11111 1111 111 665189 12/1612004 08 28A B1648 P39 M ALSDORF 6 of 27 R 136.00 D 0 00 GARFIELD COUNTY CO materials incidental and necessary to the use of the Property for agricultural purposes and in accordance with all applicable governmental laws and regulations. This prohibition does not impose any liability on the Trust, nor shall the Trust be construed as having liability as a "responsible party" under The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), or similar federal or state statutes; M. The manipulation, diversion, or other alteration of streams that degrades or destabilizes their natural banks or shorelines, other than those activities consistent with responsible irrigation practices; or as temporarily necessary for bank stabilization activities as described in Section 5H; N. The degradation, pollution, or drainage of any designated wetlands or naturally occurring surface or sub -surface water, except that irrigation patterns and ditches may be altered to reduce areas of standing water for insect and disease control; 0. Any change in the topography of the Property through the placement therein of soil, land fill, dredging spoils, or other material, except as incidental and necessary to the activities permitted herein; P. Any use that would increase, or substantially add to the risk of soil erosion; Q. Any commercial or industrial uses, except those incidental and necessary to the use of the Property for agricultural purposes, which are specifically permitted. "Home occupation" uses that do not threaten or significantly impair the Conservation Values of the Property, including artist's studios, wood shops, and the like, shall be permitted within an approved building envelope located on the Property, as defined in Subsection 6A and Exhibit B, provided that such use does not interfere with Grantor's quiet enjoyment of the Property. Employees shall not be permitted on the Property for home occupation purposes; R. The erection, construction, installation, relocation or use of a communication facility, a telecommunication facility, a network element or any other telecommunication facilities, equipment or material that may be used for telecommunications or to provide such services, except for in-home networking, wireless telecommunications access, or other low -impact telecommunications services, S. Utility lines or substations not necessary and directly related to uses of the Property permitted by this Easement and except any pre-existing lines; T. Wind -powered electric generators to produce electricity for off-site use; U. Hunting or trapping, other than for predator control as necessary for agricultural operations on the Property. If the Property reverts to wildlife habitat or is no longer used for agricultural purposes pursuant to Subsection 5F, below, hunting or trapping will not be permitted; Page 6 of 27 • 1111111 Hill 1111111 111 1E11 1111 1111111 111 1111I 1111 1111 665189 12/16/2004 08:28A 81648 P40 M ALSDORF 7 of 27 R 138.00 D 0.00 GARFIELD COUNTY CO V. External lighting, including landscape ]ighting and driveway lighting, which impairs the Conservation Values of the Property, with the exception of lighting for agricultural, security and safety purposes; W. Except as permitted in Sections 5B, 5F and 11, herein, Grantor may not transfer, encumber, sell, lease or otherwise separate from the Property the "Dedicated Water Rights" (as defined in Section 11). 5. Consistent Uses of the Property. The following uses and practices by Grantor, though not an exhaustive recital, are consistent with this Easement. Certain of these consistent uses and practices are identified as being subject to specified conditions, to the notice provision as described in Section 7 herein, and to the requirement of and procedures for prior approval by the Trust as described in Section 8 herein: A. Grantor may repair or replace existing fences. New fences may be built for purposes incidental and necessary to the management of livestock and wildlife in compliance with the current Colorado Division of Wildlife (hereinafter "DOW") specifications for fencing in wildlife migration areas. Fencing constructed for the purpose of excluding wildlife from haystacks, gardens, orchards, and the like must not block or hinder normal wildlife movement or migration, and should not exceed eight (8) feet in height; B. Leasing of lands with appurtenant Water Rights for agricultural purposes; C. Such cutting and removal of dead, dying or diseased timber as may be reasonably necessary for fire protection, disease prevention, safety or agricultural purposes; D. The taking of such reasonable steps as are necessary to control erosion on the Property; E. Changes in agricultural use, including row crops or horse farming, that do not threaten or significantly impair the scenic, open space, or environmental Conservation Values of the Property; F, If agricultural uses prove uneconomical, or Grantor no longer desires to use the property for agricultural purposes, the Property may revert to wildlife habitat. In that event, Grantor agrees that any "Dedicated Water Rights" (as defined in Section 11 herein) that are no longer being used for agricultural purposes shall be subject to the provisions of Section 1 I, below; G. If, and only if, the Property reverts to wildlife habitat pursuant to Subsection 5F herein, domesticated pets must be leashed, kenneled or otherwise physically restrained outside of the building envelope; H. The right to construct and maintain rock vane deflectors on the Roaring Fork River as necessary for streambank stabilization and/or flood protection as permitted by the Army Corps of Engineers and the United States Department of Agriculture Farm Service Page 7 of 27 f11N1111E1 11111E111MIR 11111111111111111111111 665189 12/16/2004 08:28A B1648 P41 f1 ALSDORF 8 of 27 R 136.00 D 0.00 GARFI€LD COUNTY CO Agency, and/or other entity as may be qualified at the time to approve and conduct such work; I. The right to restore damage to the Property that may be caused by fire, flood, storm, earth movements, or acts beyond the Grantor's control; J. The right, mutually with the Trust, to enforce against and prevent any prohibited action set forth herein on the Property against any individual or entity; K. The right to erect appropriate signage and fencing, upon review and approval of the Trust, indicating the presence of the Easement and the boundaries thereof; and L. Rights of access on, over and across the Property in a manner consistent with the maintenance and preservation of the Property and the Conservation Values set forth herein. 6. Reserved Rights. Grantor reserves to itself and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to reside on the Property and to engage in, or permit or invite others to engage in, all uses of the Property that are not prohibited herein and that are consistent with the purposes of this Easement, including the following rights: A. To separate from the Property, one (1) lot not to exceed four and one-half (4 %z) acres in size, together with a proportional amount ofthe Water Rights, subject to the terms of this Easement (hereinafter "Lot A"). The remainder of the Property after such separation shall hereinafter be called the "Remainder Property" and shall include all Dedicated Water Rights (as defined in Section 11 herein); B. To erect and maintain one (1) single-family homesite on Lot A with a limited building and disturbance envelope (hereinafter "building envelope") not to exceed two (2) acres in size, with a building footprint, inclusive of all structures, not to exceed six -thousand five hundred (6,500) square feet. The location ofthe building envelope on Lot A is generally shown in Exhibit B, herein; however, the final location of the building envelope within Lot A is subject to change so as to accommodate the most area outside of the 100 -year flood plain without Trust's prior approval. Grantor has the right to construct additional improvements in this building envelope accessory to the single-family residential use of the Property or reasonably necessary to the agricultural use of the Property, including an accessory dwelling unit, garage, greenhouse, barn, shed, art and craft studio, fences, gardens, orchards, decks, lawns, roads and other disturbances; C. Limited trimming of vegetation in select areas outside of the building envelope on LotA will be permitted to allow the creation of view planes from the homesite to the Roaring Fork River; provided, however that such trimming does not increase the risk of erosion and minimizes destruction of wildlife habitat or other ecological Conservation Values of Page 8 of 27 11111111111)1111111111111111111111111111111111111111111 665189 12/16/2004 68.28A 81648 P42 M RLSDORF 9 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO the Property, as determined by the Land Trust. Grantor agrees to survey such view planes to specifically describe the location and scope ofpermitted trimming activities before any such activities commence, and to obtain Trust's prior approval of the location and scope of such view planes before having them surveyed. This survey shall be completed no later than October 30, 2004 and shall be added to this Deed as Exhibit D. The amended Deed shall be rerecorded with the Garfield County Clerk and Recorder; D. Utilities and utility easements over and across the Property as needed for the development and maintenance of Lot A, and three (3) additional horrmesites located adjacent to and north of the Property, on the North Parcel (as generally shown in Exhibit 8, herein), and utilities as located in existing utility easements. Such utilities and utility easements may include, without limitation, water and sewer lines, telephone and communications lines, electric and gas lines, and other utilities necessary to the development of such honiesites. The location of such utilities and utility easements is not specifically described herein, and does not require Trust's approval, Grantor has the right to clear vegetation on the Property as is reasonably necessary to construct and maintain such utilities; provided, however that such action is designed to minimize impacts to the Conservation Values of the Property, and is subject to remediation to restore the Property to its condition prior to such action as closely as possible. All utilities, including electric and telephone lines, shall be buried wherever and whenever possible, and shall located within access easements wherever and whenever possible; E. A maximum of two (2) access roads, not to exceed twelve (12) feet in width (except as necessary for cul de sacs, pull outs, or other County land use requirements, in which case road width may not exceed sixteen (16) feet across). Such roads shall be located within two (2) access easements not to exceed thirty (30) feet in width, each, over and across the Property as needed to access Lot A and lots north of and adjacent to the Property on Coffman Ranch. From the intersection with County Road 100 for a distance of 50 feet onto the Property, the access easement may be as wide as 50 feet. The location of such roads and access easements does not require Trust's prior approval. Grantor has the right to clear vegetation and alter the surface of the Property as is reasonably necessary to construct and maintain these roads within the access easements; provided, however such alterations are designed to minimize impacts to the lands traversed and to the Conservation Values of the Property. Such roads shall be built at surface grade whenever and wherever possible, and may be paved; F. The general locations of the improvements described above, including Lot A, the building envelope, and access roads, shall be as shown on Exhibit B. In the event that the locations of these improvements change from those described in Exhibit B, herein, such changes shall be recorded in an amended Exhibit B, and the Deed of Conservation Easement shall be rerecorded to reflect these changes. In addition, the amended Exhibit B may show the locations of additional improvements allowed herein, that are not shown on the original Exhibit B; Page 9 of 27 • IIIII 11111 1111111 111 111111 1111 1111111 Ili 111111111111 665189 12/16/2004 08.28A B1648 P43 Pt ALSDORF 10 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO G. The right to construct no more than two (2) structures for agricultural purposes (such as hay sheds er loafing sheds), not to exceed two -thousand (2,000) square feet in size, collectively, on the Remainder Property; provided, however, that such improvements are not located in a riparian, wetland or forested area of the Property, and are not fully enclosed (such as barns or residences). Trust's prior approval is not required for construction or placement of such structures; H. The right to take any appropriate legal measures to adjust the northern boundary of the Property to the centerline of the Roaring Fork River, or to establish such similar boundary as is appropriate to the Property; provided, however, it does not decrease the total acreage of the Property or diminish its Conservation Values. Any acreage that may be added to the Property as a result of this process shall be incorporated into the Remainder Property and shall be subject to the terms of this Deed of Conservation Easement. Grantor agrees that when and if such boundary is changed, this Deed shall be amended to reflect the revised legal description of the Property and rerecorded in a timely fashion; and 1. Subject to Section 11, below, Grantor shall retain, reserve, and preserve the right to use the Water Rights appurtenant to the Property, including but not limited to groundwater, appropriated, and augmented Water Rights, including such new Water Rights as may be developed as incidental and necessary to the maintenance and protection of the agricultural character, scenic, environmental and other Conservation Values of the Property, and to irrigate the Property. Grantor shall have the right to construct, maintain, and improve irrigation fixtures, headgates, ditches, water wells, and other water systems on the Property consistent with the uses permitted hereunder. Grantor, or any other interest holder in the Slough or Union Ditches, may manipulate, enlarge, relocate, or change diversion points and/or ditch alignment or otherwise alter ditch(es) for irrigation purposes. 7. Notice of Intention to Undertake Certain Permitted Actions. When specifically required herein, Grantor, its successors and assigns, shall provide reasonable notice to the Trust prior to undertaking any new permitted activities within the Easement Property in order to afford the Trust art opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purposes of this Easement. Whenever notice is required, Grantor shall notify the Trust in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question, unless a different time period for the giving of notice is approved by the Trust for the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Trust to make an informed judgment as to its consistency with the purposes of this Easement and the Conservation Values. 8. Trust's Approval. Whenever a provision of this Deed requires that Grantor obtain the Trust's approval of any activity on or use of the Property, such approval shall not be unreasonably withheld or delayed. Where the Trust's approval is required, the Trust shall grant or withhold its approval in writing within thirty (30) days of receipt of Grantor's written request therefor. The Trust's Page 10 of 27 1111101 11111 1111111 11111 111111111 111 11111 111 1111 665189 12/16/2004 08:284 B1648 P44 M RLSDORF 11 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO approval may be withheld only upon a reasonable determination by the Trust that the action as proposed would be inconsistent with the Conservation Values or the purposes or terms of this Deed and the reason(s) for such a determination shall be set forth with specificity by the Trust in a written notice to Grantor. Where a reasonable modification of the proposed use or activity by Grantor would render the same consistent with the purposes ofthis Deed and the Conservation Values, the Trust shall specify, in such written notice to Grantor, such required modifications. In the event such grant, denial, or conditional approval is not made by the Trust within such a time period, the Trust shall be deemed to have approved the action giving rise to the notice. 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 ofthis Deed. The Trust may enter the Property for the purpose of inspecting for violations in accordance with Subsection 3B above. If the Trust finds what it believes is a violation, or a threat of a violation, the Trust shall notify Grantor in writing of the nature of the alleged violation. Upon receipt ofthis written notice, Grantor shall immediately discontinue any activity that could increase or expand the alleged violation and shall either: (1) restore the Property as best possible to its condition prior to the violation in accordance with a plan approved by the Trust; or (2) 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, both parties agree to meet as soon as possible to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute pursuant to Section 9.I below. Should Grantor not immediately discontinue any activity that could increase or expand the alleged violation; or should mediation fail to resolve the dispute within sixty (60) days of Trust's written notice to Grantor of the alleged violation, or by such other date as the parties may mutually agree, the parties may take appropriate legal action pursuant to the Sections below. The Trust's remedies described in this Deed shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of scenic or environmental values. The failure of Trust to discover a violation or to lake immediate legal action shall not bar Trust from doing so within one year from the date upon which the violation occurred pursuant to C.R.S. § 38-41-119. 9,1 Mediation. If a dispute arises between the parties concerning the consistency of any proposed use or activity with the purpose of this 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 request made in writing upon the other. Within ten (10) days of the receipt of such request, the parties shall select a single trained and impartial mediator with experience in conservation easements and other land preservation tools. If the parties are unable to agree on the selection of a single mediator, then the parties shall, within fifteen (15) days of receipt of the initial request, jointly apply to a proper court for the appointment of a trained and impartial mediator with experience in conservation easements and other land preservation tools. Mediation shall then proceed in accordance with the following guidelines: A. Purpose. The purpose of the mediation is to: (1) promote discussion between the parties; (2) assist the parties to develop and exchange pertinent information Page 1 1 of 27 11111111111111111!! 111 1141l111111111111111111111011111 665189 12/1612074 08:28A 81648 P45 M ALSDORF 12 of 27 R 136.00 D 0.00 GARFXELD COUNTY CO concerning the issues in dispute; and (3) 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 Deed, 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, attending all sessions scheduled by the mediator. Representatives of the parties with settlement authority will attend mediation sessions as required by the mediator, C. Confidentiality. All information 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 party in any subsequent litigation. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceedings or construed as an admission of a party. D. Time Period. Neither party shall be obligated to continue the mediation process beyond a period of sixty (60) days from the dale of receipt of the initial request or if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution of the dispute. 9.2 Injunctive Relief. The Trust may bring an action at Caw or in equity, ex parte as necessary, in a court of competent jurisdiction, to enforce the terms of this Grant and to enjoin by temporary or permanent injunction a violation, including to require or cause the restoration of the Property to the condition that existed prior to the violation, under the following circumstances A. If the Grantor, after receipt of a notice of violation from the Trust, fails immediately to discontinue any activity that could increase or expand an alleged violation; or B. If Grantor, after receipt of a notice of violation from the Trust, fails within ten (10) days either to provide a written explanation to the Trust of the reason why the alleged violation should be permitted, or to begin restoring the Property as best as possible to its condition prior to the violation; or C. If Grantor, after commencing to restore the Property to its condition prior to a violation, fails to continue diligently to cure the violation. 9.3 Damages. The Trust shall be entitled to recover damages for violation of the terms of this Easement or injury to the Conservation. Values, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values. Without limiting Grantor's liability therefor, the Trust, in Page 12 of 27 AM I Ill 1111111111111111 111 ill til JH Hill 111111 665189 12/16/2004 08:28A 81648 P46 11 ALSDORF 13 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. 9.4 Emergency Enforcement. lfthe Trust reasonably believes an ongoing or threatened imminent activity violates the Easement, the Trust may, in its sole discretion, take immediate legal action as set forth in this Section 9 without prior notice to Grantor and without waiting for the period provided for cure to expire. 9.5 Actual or Threatened Non -Compliance. The Trust's rights under this Section 9 apply equally in the event of either actual or threatened violations of the terms of this Easement. Grantor agrees that the Trust's remedies at law for any violation of the terms of this Easement are inadequate and that the Trust shall be entitled to the injunctive relief described in Subsection 9.3, both prohibitive and mandatory, in addition to such other relief to which the Trust may be entitled, including specific performance of the terms of this Deed, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. 9.6 Costs of Enforcement. All reasonable costs incurred by the Trust in enforcing the terms of this Easement against Grantor including, without limitation, costs and expenses of injunction or suit and reasonable attorney's fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be borne by Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action each party shall bear its own costs. 9.7 The Trust's Discretion. Enforcement of the terms of this Easement shall be at the sole discretion of the Trust, and any forbearance by the Trust to exercise its rights under this Easement in the event of any breach of any term of this Easement 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 or of any of the Trust's rights under this Easement. No delay or omission by the Trust in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 9.8 Waiver of Certain Defenses. No action shall be commenced or maintained to enforce the terms of any building restriction described in this Easement, or to compel the removal of any building or improvement, unless said action is commenced within four (4) years from the date of the violation for which the action is sought to be brought or maintained. To the extent that any defense available to Grantor pursuant to C.R.S. Section 38-41-119 is inconsistent with the foregoing, such defense is waived by Grantor. Grantor waives the defenses of ]aches, estoppel and prescription with regard to the enforcement of all other terms of this Easement. 9.9 Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle the Trust to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. Grantor is not responsible for acts of third parties that are out of Grantor's control, except that Grantor is responsible for guests and other third parties authorized by Grantor to access the Property. • Page i 3 of 27 1111111 11111 1111111 111 111111 1111 1111111 NEN HI 1111 655189 12/16/2004 08:28A 81648 P47 M ALSDORF 14 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO 10. Access. Nothing contained herein shall be construed as affording the public access to any portion of the Property, although the Grantor may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is consistent with the terms of this Deed. Perpetual, private, non -motorized access to the Roaring Fork River as it crosses the Property is permitted for the future owner of Lot A, and for any future owners of the North Parcel or any lots located thereon. Any trail to or along the Roaring Fork River in this zone shall be designed to minimize impact to the wetland, riparian, wildlife and scenic Conservation Values of the Property, and shall remain in an unimproved condition not to exceed three (3) feet in width. Minimal trimming of vegetation as necessary to accommodate such a trail is permitted. The parties also understand and agree that in the event the northern boundary of the Property is adjusted to include acreage to the north of the current Property boundary pursuant to Subsection 6H, the Grantor shall have the right to grant easements for perpetual, private, non -motorized access to the Roaring Fork River as it may cross the land added to the Property, to the future owner of Lot A, and to any future owners of the North Parcel or any lots located thereon. However, all other conditions of access stated in this Section 10 shall also apply to any land added to the Property. 11. Water Rights. The Property subject to this Easement includes certain decreed and undecreed water rights, ditches and ditch rights, springs and spring rights, wells and groundwater rights, and any other types of rights related to the ownership of water, tributary, non -tributary and not non -tributary, appurtenant to or customarily or historically used or associated with or upon the Property, including, but not limited to, ownership interests in the First Enlargement of the Union Ditch No. 186-A and the Slough Ditch and Banning Lateral No. 193 as adjudicated May 3, 1937 in Garfield County Court Case No. 302 (see Exhibit C), together with any and all of the rights associated with the historical and beneficial use of any of the embankments, flumes, headgates, measuring devices or other structures that are appurtenant to those water rights, along with all easements and rights of way therefor. Grantor and the Trust agree that a portion of these water rights (collectively "Dedicated Water Rights") must be maintained on the Property to ensure the minimum level of preservation and protection of the agricultural, scenic, and environmental Conservation Values, including wildlife, wetland and riparian habitat, defined more or less as the amount of water traditionally used to maintain the Property's Conservation Values. The descriptions and amounts ofthese Dedicated Water Rights are not specifically set forth herein. Grantor shall not transfer, encumber, sell, lease or otherwise separate from the Property, or change the historic use of the Dedicated Water Rights, without the prior written consent of and determination by the Trust that such transfer or other change is not inconsistent with the preservation and protection of the Conservation Values, or is justified by technological improvements in irrigation efficiency, or changes in vegetative water requirements. Grantor agrees that any separation of Dedicated Water Rights from the Property allowed by the Trust pursuant to this Section may not later be alleged to be grounds for extinguishment of the Conservation Easement pursuant to Section 13, below. Non - Dedicated Water Rights appurtenant to the Property are not subject to this Easement, and may be sold or otherwise separated from the Property by Grantor; provided, however, that Grantor obtains a water analysis to quantify and specifically describe the Dedicated Water Rights before separating any non - Dedicated Water Rights from the Property. The Trust shall not be entitled to any portion of the proceeds Page 14 of 27 1111111111111111111111111111RIB 1111111111111111 665189 12/16/2004 08:288 D1648 P48 M RLSDORF 15 of 27 R 136.00 D 0.00 GRRFIELD COUNTY CO from such sale of non -Dedicated Water Rights. Grantor also agrees not to initiate actions which would form the basis to adjudicate additional water storage rights without the prior written approval of the Trust, which approval the Trust may withhold in its sole discretion. If Grantor fails to maintain the historic use ofthe Dedicated Water Rights upon the Property, or those rights necessary to preserve and protect the Conservation Values ofthe Property, Trust shall have the right, but not the obligation to enter upon the Property and undertake any and all actions reasonably necessary to continue the historic use of the Dedicated Water Rights in order to preserve and protect the Conservation Values of the Property. Grantor shall not abandon or allow the abandonment of, by action or inaction, any of the Dedicated Water Rights. If the Dedicated Water Rights are under threat of abandonment, or if the Trust approves the separation of Dedicated Water Rights from the Property pursuant to this Section, Grantor agrees that ownership of said Dedicated Water Rights shall pass to the Trust, and the Trust shall have the right to use such Dedicated Water Rights for beneficial conservation purposes on the Property or elsewhere in Garfield County, and to sell or otherwise convey all or part of such rights to the Colorado Water Conservation Board (hereinafter "CWCB"), or other entity qualified at the time of transfer to hold instream flow water rights for the specific purpose of adding instream flow to the Roaring Fork River. In the event of a drought year, when sufficient water is not available to irrigate the entire agricultural portion of the Property, Grantor may elect to irrigate only a portion of the Property, and may sign a "dry year lease" or similar contract with the CWCB, or other entity as is qualified at the time to hold such lease or contract, allowing Water Rights to be temporarily used for instream flow in the Roaring Fork River; provided, however, such lease, contract or change in irrigation practice does not threaten injury or abandonment to any portion of the Dedicated Water Rights. 12. Costs, Liabilities, Taxes and Environmental Compliance. 12.1 Costs, Legal Requirements and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate Iiability insurance coverage, which. names the Trust as an additional insured. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 12.2 Takes. Grantor shall pay before delinquency alI taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "Taxes"), including any Taxes imposed upon, or incurred as a result of, this Easement, and shall furnish the Trust with satisfactory evidence of payment upon request. The Trust is authorized, but in no event obligated, to make or advance any payment of Taxes, upon ten (I0) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the Taxes or the accuracy of the bill, statement, or estimate, and the Page 15 of 27 AEI 1111111111111111111111111111111111111111111111 665189 12/16/2004 08:28P 81648 P49 t1 RLSDORF 16 of 27 R 136.06 D 0.08 GARFIELD COUNTY CO obligation created by such payment shall bear interest until paid by Grantor to the Trust at the lesser of fifteen percent (15%) per annum, or the maximum rate allowed by law. 12.3 Open Space Conservation Fund Contribution. Upon the initial sale and each subsequent resale of an improved or unimproved Lot within the Property to another Person (excluding gifts, sales or transfers of land to the children and grandchildren of Rex and JoAnn Coffman, and transfers by court order or by will or intestacy), the Lot purchaser shall be obligated to pay to the Aspen Valley Land Trust, or such successor organization as exists at the time of transfer, an Open Space Conservation Fund Contribution in the amount of one quarter of one percent (0.25% or gross sales price times 0.0025) of the gross sales price in order that the Trust may continue to preserve open space. The Open Space Contribution is to be paid directly to the Trust at the time of sale or transfer of a Lot. If an Open Space Contribution is not paid to the Trust at the time of sale or transfer of a Lot as provided herein, the unpaid Open Space Contribution shall bear interest at the rate of eighteen percent (18%) per annum from the date of sale or transfer until paid in full, and shall constitute the personal obligation of the purchaser/Lot Owner, and shall be a lien and security interest on the title to the lot being sold which may be foreclosed by the Trust in the same manner as a mortgage on real property. The delinquent purchaser/Lot Owner shall also be responsible for costs and attorneys' fees incurred by the Trust in collecting said unpaid Open Space Contributions, whether by efforts short ofcollection action or foreclosure, collection action in the courts and/or a foreclosure action. 12.4 Noxious Weeds. Grantor, its successors and assigns, shall comply with the Colorado Noxious Weed Act (hereinafter "Act"), C.R.S. 35-5.5-I01, as the same now exists or may be amended from time to time, in connection with the Property. Should Grantor, pursuant to the Act, be required to eradicate any "undesirable plants" (as that tern is described in the Act), Grantor shall work to create a control method of integrated management of such eradication which results in the least possible impact (environmental, biological, or otherwise) to the non -noxious biology and Conservation Values of the Property, whether such management requires cultural control, mechanical control, chemical control, or any combination thereof. Any and all costs incurred as a result of any required eradication process initiated pursuant to the Act shall be the sole obligation of Grantor. 12.5 Representations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: A. No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Property, except for fuels, lubricants and other substances [e.g. anti -freeze, paint, veterinary medicines] customarily used or transported in connection with camping, wrangling, agricultural and construction activities on the Property; Page 16 of 27 11111111111)11111111111111111111 Fill 1111111111111111 665189 12/16/2004 08:28A 61648 P50 M RLSDORF 17 of 27 R 136.00 D 0.00 GRRFIELD COUNTY CO B. There are not now any underground storage tanks located on the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements; C. Grantor and the Property are in compliance with al] federal, state, and local laws, regulations, and requirements applicable to the Property and its use; D. But for potential eminent domain proceedings for the establishment of a public roadway across the Property, there is no pending or threatened litigation in any way affecting, involving, or relating to the Property; E. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts or circumstances that Grantor might reasonably expect to form the basis for any such proceedings, investigations, notices, claims, demands, or orders; and F. Grantor warrants that Grantor has good and sufficient title to the Property, that Grantor has good right, full power and lawful authority to grant and convey this Easement, that any mortgages or liens on the Property are and shall remain subordinate to the terms of this Easement, and Grantor hereby promises to warrant and forever defend the title to the Easement against all and every person or persons Iawfully 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, which are acceptable to the Trust at the time of execution of the Easement. 12.6 Remediation. If, at any time, there occurs, or has occurred, a release in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Trust, in which case the Trust shall be responsible therefor. 12,7 Control. Nothing in this Deed shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in the Trust to exercise physical or managerial control over the day- to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of CERCLA, and any Colorado state law counterpart. Page 17 of 27 111111 11011111111111111111111111111!1 1111111111111111 665189 12/16/2004 08:28A 81648 P51 M ALSDORF 18 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO 12.8 Hold Harmless. Grantor shall hold harmless and indemnify the Trust and its members, directors, officers, employees, agents, personal representatives, successors, and assigns of each of them (collectively "indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, cause of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement, including, without limitation, CERCLA, by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release of hazardous or toxic substances in, on, from, under or about the Property at any time, of any substance now or hereafter defined, 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 Indemnified Parties; and (4) the obligations, covenants, representations, and warranties of Sections 12.1 through 12.7. 13. Extinguishment and Condemnation. 13.1 Extinguishment. In granting this Easement, Grantor has considered the possibility that uses prohibited by the terms of this Easement may become more economically valuable than permitted uses and that neighboring properties may be used entirely for such prohibited uses in the future. It is the intent of Grantor and the Trust that any such changes shall not be deemed circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to conduct or implement any or all of the uses permitted under this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. If circumstances arise in the future that render the purposes of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other when it first learns of such circumstances. The 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 or extinguishment, shall be determined, unless otherwise provided by Colorado law at the time, in accordance with Section 13.2, below. The Trust shall use all such proceeds in a manner consistent with the conservation purposes of this Easement. 13,2 Proceeds. This Easement constitutes a real property interest immediately vested in Trust, which the parties stipulate to have a fair market value of28% determined by multiplying (1) the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this Deed attributable to improvements) by (2) the percentage of diminution in value to the Property attributed to the Conservation Easement, as determined by appraisal. The values at the time of this Deed shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this Deed, pursuant to Section 170(h) of the Internal Revenue Code of 1986, as amended. Page 18 of 27 1111111110111111111111111111111111111101 11 1111 665189 12/15/2004 08 28A 81648 P52 M RLSDORF 19 of 27 R 136.00 D 0.00 GRRFIELD COUNTY CO For the purposes of this Section, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. 13.3 Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor 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 direct or incidental 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 multiplying that balance by the formula set forth in Subsection 13.2. 13.4 Application of Proceeds. The Trust shall use any proceeds received under the circumstances described in this Section 13 in a manner consistent with its conservation purposes, which are exemplified by this Deed. 14. Assignment. This Easement is transferable by the Trust, but the Trust may assign its rights and obligations under this Easement only with Grantor's consent, which consent shall not be unreasonably withheld, to an organization that is (I) a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended or succeeded, and the applicable regulations promulgated thereunder; (2) authorized to acquire and hold conservation easements under Colorado law; and (3) charged with a mission similar to the Trust's mission. As a condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to carry out and uphold the purposes of this Easement and the Conservation Values and otherwise assume all of the obligations and liabilities of the Trust set forth herein or created hereby. After such transfer, the Trust shall have no further obligation or liability under this Easement. The Trust agrees to give written notice of and seek consent from Grantor for an assignment at least sixty (60) days prior to the date of such assignment. 15. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement, by reference or otherwise, in any Deed or other legal instrument by which it divests itself ofany interest in the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to the Trust of the transfer any such interest at least thirty (30) days prior to the date of such transfer. The failure of Grantor to perform any act required by this Section shall not impair the validity of this Easement or limit its enforceability in any way. 16. Estoppel Certificates. Upon request by Grantor, The Trust shall within thirty (30) days execute and deliver to Grantor, or to any party designated by Grantor, any document, including an estoppel certificate, which certifies, to the best of the Trust's knowledge, Grantor's compliance with any obligation of Grantor contained in this Easement or otherwise evidences the status of this Easement. Such certification shall be limited to the condition of the Property as of the Trust's most recent inspection. If Grantor requests more current documentation, the Trust shall conduct an inspection, at Grantor's expense, within sixty (60) days of receipt of Grantor's written request therefor. However, in the event that weather, or other circumstances outside of the Trust's control, prevent the Trust from conducting an inspection within sixty (60) days of receipt of Grantor's written request, the Trust shall Page 19 of 27 1111111 11111 1111111 111 1113 1111111111 1111111 111111 665189 12/16/2004 08:28A 131645 P53 P ALSDt RF 20 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO conduct such inspection within a timely manner once such weather or circumstances which prevent the inspection no longer exist. 17. Notices, Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows or to such other address as either party from time to time shall designate by written notice to the other: To Grantor: With a copy to: To the Trust: Rex Coffman 1837 County Road 100 Carbondale, CO 81623 Jessica E. Jay, Esq. Conservation Law, P.C. 52 Meadowlark Drive Evergreen, CO 80439 Aspen Valley Land Trust Martha Cochran, Executive Director 320 Main Street, Suite 204 Carbondale, CO 81623 18. Recordation. The Trust shall record this instrument in timely fashion in the official records of Garfield County, Colorado, and may re-record it at any time as may be required to preserve its rights in this Easement, 19. Amendment. If circumstances arise under which an amendment to or modification of this Easement would be appropriate to promote the purposes of this Easement and the protection of the Conservation Values of the Property, Grantor and the Trust may jointly amend this Easement (in accordance with the Policies of the Trust.) However, the Trust is under no obligation to amend this Easement, and may decline to amend this Easement in its sok and exclusive judgment. No amendment shall be allowed that will affect the qualifications of this Easement under any applicable law. Any amendment must be consistent with the purposes of this Easement and the Conservation Values and may not affect the Easement's perpetual duration. Any amendment must be in writing, signed by both parties, and recorded in the records of the Clerk and Recorder of Garfield County, Colorado. 20. Subordination, If at the time of conveyance of this Easement, the Property is subject to a Deed of Trust, the trustee shall have agreed by separate instrument to subordinate its rights in the Property to the extent necessary to permit the Trust to enforce the purposes of this Easement in perpetuity and to prevent any modification or extinguishment of this Easement by the exercise of any rights of the trustee deed. 21. General Provisions, Page 20 of 27 • • 1E1 11111 1111111111M 1111111 ill NMI 665189 12/16/2004 08:28A B1648 P54 11 AL5DORF 21 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO A. Exhibits. The following Exhibits are attached to and incorporated by reference into this Deed of Conservation Easement: Exhibit A: Legal Description of Property; Exhibit B: Survey of Property and Conceptual Map of Coffman Ranch North Parcel (showing approximate location of Lot A); Exhibit C: Abstacts of Water Decrees; Exhibit D: Survey of View Planes from Lot A to Roaring Fork River (to be added) B. Definitions. The terms "Grantor" and the "Trust," wherever used herein, and any pronouns used in place of those terms, shall be deemed to include, respectively, Grantor and its heirs, personal representatives, executors, administrators, successors and assigns, and the Trust, its successors and assigns. C. Controlling Law. The interpretation and performance of this Deed shall be governed by the laws of the State of Colorado. D. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the Deed to effect the purposes of this 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 the purposes of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. The common law rules of disfavoring restrictions on the use of real property and construing restrictions in favor of the free and unrestricted use of real property shall not apply to interpretations of this Easement or to disputes between the Parties concerning the meaning of particular provisions of this Easement. Severability, if any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall be deemed severable and remain in full force and effect. F. Entire Agreement. This instrument sets forth the entire agreement between the Parties with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Easement, all of which are merged herein. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's tide in any respect. Page 21 of 27 AIN 11111111111111 Milli 1111 Ell 111111110111111 665189 12/16/2004 08:28A 81648 P55 11 ALSDORF 22 of 27 R 336.00 D 0.00 GARFIELD COUNT' CO H. Joint Obligation. The obligations imposed by this Easement upon Grantor shall be joint and several (in the event that there is more than one Grantor). I. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. ). Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in this Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. K. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. L. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. M. Merger. Unless the parties expressly state that they intend a merger of estates or interests to occur, then no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Deed. Page 22 of 27 • 1 111111 11111 1111111 111 mill im 1111111 III niiiii ii iui 665189 12/16/2004 08;28A 81648 Pt6 M ALSDORF 23 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of Conservation Easement as of the date first written above. GRANTOR: By: By: tk. Rex A. Coffman, Owner oAnn G. Coffman, Owner STATE OF --FE6) } 5s F� COUNTY O�G 0 ) The foregoing instrument was acknowledged before me this 13 day of December, 2004, by Rex A. Coffman and JoAnn G. Coffman as Grantor. WITNESS my hand and official seal. 1 KATHLEEN D. SMITH Napery Public Stab of Tins Comm. Exp. t •2 -2OO6 ACCEPTED: ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, ByAiltAiikk 6.1C1U11, Martha Cochran, Executive Director STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Notary Public My commission expires: 1.-/ 2. •2 -DA( The foregoing instrument was acknowledged before me this LS day of December, 2004, by Martha Cochran, as Executive Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation. WITNESS my hand and official seal. SEAL} SUZANNE FUSARO NOTARY PUBLIC STATE OF COLORADO Aly Commiss'cin ixpinrs t 1/t7 V$ Notary Pu+lit My commission expires: ii/11/08 Page 23 of 27 1811111111111111111111 El 665189 12/16/2104 08.28A 81648 PD7 !1 ALSDORF 24 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO 2/05/2004 22:40 3709458655 SCARRow & WALKER INC PAGE 61 EXHIBIT A: Legal Description IMABLYAIICaLaghgEt A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12 AND 13, A PORTION OF QOM LOT 17 OF SECTION 36 SHIP 7 Ste, RANGE 11 WEST, OF THE TTOOWNNSH P 7 PRINCIPAL T RANGEE�= WEST OF THE SSI3XTiI PRINCIPAL ALSO A PORTION Of GOVERNMWT LOT 14 Of SECTION * BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST Coli.NER OF SAID GOVERNMENT LOT 14, BPJNG A BRASS CAP L.S. 410732 FOUND N PLACE AND PROPERLY MAkXED; THENCE S,0030U0"E. 721.07 FEET ALONG THE EAST LINE OF SAID LOT 14 TO A POINT ON AN EXISTING FENCE, ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 100; THENCE ALONG SAID FENCE ANI) THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FOURTEEN (9) COURSES: 1) 5.79'497.3"W. A DISTANCE OF 47.51 FEET; 2) S.73'31'13"W. A DISTANCE OF 120.91 FEET; 3) 5,69'43'21"W. A DISTANCE OF 189.41 FEET; 4) S.74'4725"W. A DISTANCE OF 129,37 FEET; $) 9.11'33'50'W. A DISTANCE OF 622.,29 FEET; 6) S.81' 1171 "W. A DISTANCE OF 701.96 FEEL; 7) S.E1'3010"W. A DISTANCE OF 575.90 FEET; THENCE LEAVING SAID FENCE LINE AND 881E NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD N.00'06'456E. 1012.14 FEET TO A POINT ON THE NORTHERLY LINE OF SAID GOVERNMENT IAT 17; THENCE N. 1E31'40" E 169.35 FEET ALONG THE NORTHERLY LINE OF SAID LOT 17; THENCE LEAVING SAID NORTHERLY LINE 8.00'34'37"E. 393.41 FEET; THENCE SA2'29"00"E. 314.67 FEET; THENCE 5.60118'32"E. 46.49 FEET; '[HENCE 5.19'511 l "E. 63.14 FEET; TI ENCE N.10'0227"E. 267.9E FEET; THENCE N.63'0115"E. 181.90 FEET; THENCE N,17`0911"E. 165.34 FEET; THENCE N.00`12'09'W. 535.23 FEET TO A POINT ON THE NORTHERLY LINE OF SAID GOVERNMENT LOT 17; THENCE N.E1'31'4t1"E. 57.60 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OP SAID LOT 14 THENCE N.11'31140"E. 499.11 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14 TO THE NORTHEAST POINT OF BEGINNING. SAID PARCEL CONTAINING 31.00 ACRES, MORE OR LESS, ABOVE PARCEL OF LAND BEING TOGETHER WITH ANL) SUBJECT TO THE FOLL0WrNG DESCRIBED EASEMENT. A 30.00 FOOT ACCESS U'TIL]TY AND WEU EASEMENT SITUATED IN G0VERNMETCT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 61 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON "INE NORTH tLY RIGHT OF WAY UNE OF COUNTY ROAD 0100, WHENCE A FOUND (1.L0. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S,26'2643" E. 631.27 FEET;OE SAID LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE EASEMENTN.51'3215"W.70.52 FEET; THENCE CONTINUING ALONCI SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1110.16 FEET. A CENTRAL ANGLE OF 90'5711" AN ARC LENGTH OF 217.11 FEET ( CHORD BEARS N.20 -41'43"W, 257.90 FEET); T CE 9.19'3811"E. 76.65 FEET; THENCE N10"02'27"'E. 266.5$ FEET; THENCE N.63'01.55"E. 112.16 FEET; TACE NJT09'51"E. 39.00 Fl?1'; THENCE N.00'01104"W. 60.04 FEET TO THE POINT OF "IES. • Found 16 Rebar & Alum. Cap, PLS 1 26950 Found 16 Rebar 6 Alum. Cap, PLS 126950 14 )T 4 EIDER PARCEL 0.13 ACRES +1-) / C£HTERi,INEOF SLOUGH ro/ (3O DITCH EMMERT • • ZOY is 2011 —_—_mmommmlom SCVE7*CH —200 PEET S 00'00'33" W 66.00' LOT 25 {PREVIOUS LOT NORTHEAST CORNER GOVERNMENT LOT I7 BRASS CAP FOUND IN PLACE LS d10732 DATE 1979 510.3k' N 88°31'40" E 2683.86' fl4 C LOT 3 11 s5 PIDL L - &NT CODE 9=93. ut,r. 1 19101 MM. LCT IOILOXNG €MVELOPE 20) BRASS CAP FOUND IN PLACE (WITNESS CORNER FOR THE EAST 1/4 CORNER OF SECTION 36) NORTHEAST CORNER GOVERNMENT LOT 14 BRASS CAP FOUND IN PLACE LS 110732 o Caamdine 2' MOM* 54•e1310114 GOVT Lor 17 Section LJ36/ AC PAPI Z+7 0 I4a•tar•3ry 1 46.4' 1 Phase I Easement Area 9rl (38.0ac. - Excluding Lots 1-3) 'fa-„[ u ESN'', i f LO,S t. 31 t 7t AS DESCRIW rfAT 0`r _20615 10. CESS AZr 11779.5 V b 6R 4'SQ4 irrne- 73. ro BASIS OF BEARING ------- N 00'00' 33” E c (ACCORDING TO 'rHE ROARING .a FORT( RANCH FINAL PLAT, PHASE THREE) EIISTTK PEIVE0 Ct'C w a obj {% µ simmi 01 pj �Rl 'wmaw e! N e0 MAW ra 11111 1111111 111 111111 1111 1111111 111 11113 11101 665189 12/16/2004 08:288 81648 P59 ii AL50ORF 26 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO its li# EXHIBIT 13 (page 2 of 2) Conceptual Site Plan Coffman Ranch R • i v 1 • , Coffman Ranch/Site Plan/North Parcel rr Rea and Joann Coffman 1 1r37JOG Road 1 Carbondale, Colorado 8167.3 - 1 4 I 111111 11111 1111111 111 1111 11 11111 111 1111111 11 111 665189 12/16/2004 08:28R 81648 P50 M ALSDORF 27 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO EXHIBIT C Abstracts of "Nater Rights 128288 The Union Ditch No, 186-A. Said ditch is numbered 186-A. Under former decrees of the Court it has been awarded Priority No. 265-A for 9.44 cu. ft. of water per second of time relating back to and dated from the 20th day of April A.D. 1884 under and by virtue of original construction. Said ditch is under this decree entitled to Priority No, 301 for 21,56 cu. ft. of water per second of time relating back to and dating from the 20th day of April, A.D. 1890, under and by virtue of the First Enlargement. The claimants of said ditch arc Alex Cuaz, Arthur B. Dudley, Arthur Bon, Jr. and Mrs Gerbaz. Said ditch is used for irrigation purposes and takes its supply of water from the Roaring Fork River in Garfield County, Colorado. The headgate is located on the South bank of said river at a point which bears from the Southeast corner of Tp. 7 S., R. 88 W. 6`t' P.M. North 52°52' West 2542 feet. The testimony in this case establishes that the water and priority rights and volume of water awarded said ditch under said prior decree have at all times been beneficially used and applied in accordance with the terms of the decree establishing the sarne and said decree and the priority right thereby awarded are hereby ratified and confirmed. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, That there be allowed to flow into said ditch from said Roaring Fork River for the use aforesaid and for the benefit attic parties entitled thereto and by virtue of the appropriation by First Enlargement, Priority No. 301 for 21.56 cu. ft. of water per second of time relating back to and dating from the 20th day of April A.D. 1890. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, That said Priority No. 301 hereby awarded to the extent of 21.56 cu. fl, of water per second of time is hereby made absolute and unconditional. IT 1S FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the total amount of water to which said ditch is at present entitled is computed at 31 cu. ft. of water per second of time. Done in open Court, By the Court. John T. Shumate, Judge. State of Colorado, County of Garfield. I, N.D. Smith, Clerk of the District Court In and for the County of Garfield in the Ninth Judicial District of the State of Colorado do hereby certify the above and foregoing to be full, true and complete copy of that part of the decree entered in Cause No. 3082 in the County Court entitled: IN THE MATTER OF THE ADJUDICATION OF PRIORITY RIGHTS TO THE USE QF WATER FOR IRRIGATION IN WATER DISTRICT NO. 38 iN THE STATE OF COLORADO, MAJOR BETEMPS, ETAL petitioners, which refers and pertains to the Union Ditch #186-A. Witness my hand and seal of the said Court in the Court House in Glenwood Springs, County and State aforesaid this 3rd day of May A. D. 1937. N. D. Smith, Clerk. Filed for record June 5, 1937 at 9:45 o'clock A,M, in Book 189 at page 157. 128289 The Slough Ditch and Banning Lateral No. 193. Said ditch is numbered 193. Under former decrees of this Court it has been awarded Priority No. 274 for 6.58 cubic feet of water per second of time relating back to and dating from the 31" day of May, A.D. 1884 under and by virtue of original construction. Said ditch is under this decree entitled to Priority No. 309 for 42.68 cubic feet of water per second of time relating back to and dating from the 31" day of May A.D. 1890 under and by virtue of the First Enlargement. The claimants of said ditch are H. I. Gardner, Catherine L. Gardener, Daniel Flynn, Estate of Margaret Flynn, deceased, Arthur B. Dudley, Alex Cuaz, Arthur Bon, Jr. and Mars Gerbaz. Said ditch is used for irrigation purposes and takes its supply of water from the Roaring Fork River in Garfield County, Colorado. The headgate is located on the South bank of said river at a point from which the Southeast corner of Section 36, Township 7, south, Range 88, West of the 6'h P. M. bears South 2°30'18" last 1 545 feet. The testimony in this case establishes that the water and priority rights and volume of water awarded said ditch under said prior decrees have at all times been beneficially used and applied in accordance with the terms of the decree establishing the same, and said decrees and the priority rights thereby awarded arc hereby ratified and confirmed. 1T IS FURTHER ORDERED ADJUDGED AND DECREED That there be allowed to flow into said ditch from said Roaring Fork River for the use aforesaid and for the benefit of the parties entitled thereto under and by virtue of the appropriation by First Enlargement Priority No. 309 for 42.68 cubic feet of water per second of time relating back to and dating from the 3r day of May, A. D. 1890. IT IS FURTHER ORDERED, ADJUDGED AND DECREED That said priority No. 309 awarded, to the extent of 42.68 cubic feet of water per second of time is hereby made absolute and unconditional. IT 15 FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT, that the total amount of water to which said ditch is at present entitled is computed at 49.26 cubic feet of water per second of time. Certified to on May 3, 1937 as a true copy by N.D. Smith, Clerk of the District Court of Garfield County, Colorado. Done in open Court. By the Court: John T. Shumate, Judge. Filed for record June 5, 1937 at 9:47 o'clock A.M. in Book 189 al page 160. Recorded 1111111 11111 1113 I LII Il1111 lull 111 1111111111111 Reception 14 of 46 1 ft 6.902603 03:17F 81548 P762 D nSDO1tF 0.00 GARFIELD COUNTY CO QUITCLAIM DEED 'ems .ded wtte4 Tbe5c,-,pia The grantor, Rex A. Coffman and Joann G. Coffman, whose address is 1837 County Road 100, Carbondale, CO 81623, Garfield County, Colorado for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has remised, released, donated and QUIT CLAIMED, to Aspen Valley Land Trust, whose address is 320 Main Street, Suite 204, Carbondale, Colorado 81623, Garfield County, their successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to all rock and gravel on the property, including the right to extract the same by any method, as reserved pursuant to that certain Warranty Deed dated November 24, 1958 and recorded in the real property records of the Garfield County Clerk and Recorder at Book 312, Page 390, under Reception No. 203497, or from any other source, in the real property located at: 1837 County Road 100, Carbondale CO 81623. and that Quitclaim Deed dated 12 / 19J 2 003 and recorded in the real properV records of the Garfield County Clerk and Recorder at Book 1511A , Page '} 3 , under Reception No. (p (43 tl it, or from any other source, in the real property located at: the legal description set forth in Exhibit A, Garfield County, Colorado also known as street and number 1837 County Road 100, Carbondale, CO 81 623 Si and delivered on: Rex A. Coffman Joi!nn G. Coffman State of W_ , County of rroasikevg- This document was acknowledged before me on L2_~- 3 Date Date ) Subscribed and Sworn: t?t bit IS, 003 me t §IMO JJ K E >! .d. rja ; .. rn� �g42 mr Iff1=1Q i s„ r, M - iL �r-mos rl lI': 4.10 , by Rex A. Coffman and Joann G. Coffman. My commission expires: b Crmber 150 2005 aLl &A -17/n Notary KATIE BURTON 4.�{1 Nobly PtAc . Sta b Arian i 4L r� COUN tY Aspen Val lc1 Land `frust 3;0 NI »in Ste est, r'wite 2€4 Carboptia:e, CO 81623 c) • • f 1111111111111111111111111111111111111011111111111111 647167 02/25/2004 04:08P B1563 P845 11 ALSDOIRF uF• yFoa�p►.iuF�Fn.+iuorF,.� , a .�eao oo- F+� }}!C il Up � f1TU NYMPH!!51 rm a aUmmgowMiVwpprmm-immowm 1-t, . 103 mm la� a ximbmWMWWWWWWW pya,IA';rw b: 14:g (i X xxx;aemlit o ofamo a fao+ ar• ap•raOw Worw.lhrfuwfwitwb • . ix myHd-0 r. .auw+ a 1r•, pwu.►im va u+say 1N4 o*co,.w oaow.a.l mowo7t►wo D0 • • O.qow+ Yeono�+sos+orF.+owsnuF+wwi oLr ■ to .2 U . k- E5 W Hr 4 l i R 4 »»> X 11 * * 4'$ * WwNN�w�aK0tsbtirYYNQ:ywyrrryrYrr N11 IHHHea •1"1"MHHHHHHt1m1 51e6•aaaUaaaat, 0 WYNWow O arua.taMr1ub r ►+ • u.oa. • 10 t o a 14 �a o aou wrwAil 41411i4HgmrHHamaii f n�4raaHa m0*i 0um!itil N M w ill N HG 1-WillH WNr w.W}1:v.+.rwvar�rwa11202"q18 Crgi • . uErErrrrrrrr .4 Yww.iq-Mr !!o H r h y auvwpa .awWWOOm►1wf.ua w-- aus,,rr►►maa•�1 W a• aoaw►aw • o OP ollill ii ri d H i 2' i µ 4P a 6m w a1 Egi 0' Q 51 aMW« a rQaO 1�� �,� M gii% oo 4 4 rH ,y v r a Hr Hq 1"i 8 yfid H 01 •� kiii 1 0 Ei !q lbo oi lis !I 0 t i 0 m1 rAlt f9. • • Continuation Of Schedule A - Legal Dfacription Order Debar: 426 a� #13.m �a w ...� a 8 we a MOM mai in mom N(D .4 N - 6) amo r- m q - U3 eh LOT 16 TO TAR BOOTEES= C NN= OP SSD oarszumwt LOT 13; T iA A 00' 10.33 * 111 374.93 rim ALONG SAID wzrrui,LY LI7t: TO TVA _T 0P SAID oovzsourrar LOT 13 (ANANCA TEE Dr'tiASB COINER UUJ S 00'10'330 A 10.00 PTST); TEEMS R 02603,22d i S83.36 rm ALONG TEA NONTAARLT LINT 07 luso pq VERNEMAT LOT 23 TO TI nowrizzar comma Or SAID LOT 12; TERN= D $9]'4$ ■ A 494.20 PANT ALONG SAID NoRTAARLY LTA TO TU MORTAXAST CORA= 07 IA.ID LOT 12, TAAl1C.i S 00643'20" A 697.33 rAAr ALONG TAA EASTERLY LINA Or 13.XD GOVERAMANT LOT 12, 70 TEA BOOTEES= MEM= W IATD LOT 13 Tim= S 00'36'40■ A 602.39 PANT ALONG TAA AASTERLT LAIN 07 GOVEANNANT LOT 17 TO AN AMOLA POINT OK TAM ALT LI= Or SAID p0V LOT 17, TAXA= A Se'31.40* A 2683.06 Far TO TES MORTEELAT Ct.'rw 01 SAID GOVERNMEIT LO? 14, SAID POINT ALSO Asp TES POINT 07 swommirwo POR TRIS DESCRIPTION. COUNTY OF GARPIALD STATE 07 COLORADO • 111If1111111111111111111111Ii11111111111111111111111111 891471 05/0312004 04:15P 81584 P381 fl RLSDORf 1 of 2 R 11.011.12113.1141!!...1.5!„11',11.311.1511111311,1I111.11111111 0 D 0.00 GpRFIELD COUNT)' CO HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, REX A. COFFMAN and JOANN G. COFFMAN and ASPEN VALLEY LAND TRUST thereinafter called 'Grantors"), for a good and valuable consideration, the receipt whereof Is hereby acknowledged, do hereby grant unto Holy Cross Energy. a Colorado corporation whose post office address is P. O. Drawer 2150. Glenwood Springs, Colorado (hereinafter called `Grantee) and to Its successors and assigns, the right of ingress and egress across lands of Grantors , situate In the County of Garfield, State of Colorado. described as follows: A parcel of land situated in Government Lots 12, 13, 16, 17 and a portion of Lot 15, situate in Section 36, Township 7 South, Range 88 West of the 6' P.M.: Lot 14, situate in Section 31, Township 7 South, Range 87 West of the 6e P.M.; as recorded by Reception No. 228809 and Reception No. 643445 in the records of the Garfield County Clerk and Recorder's Office, Glenwood Springs, Colorado. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or dlstrlbutlon line or system, within the above mentioned lands. upon an easement described as follows: An easement thirty O30) feet in width, the centerline for said easement being a power line as constructed, the approximate location of which upon the above described property Is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to i11 install down guys with anchors within thirty-five (35) feet of any pole located on the above described easement, and (2) Install additional poles, down guys with anchors, overhead conductors and/or related facilities within the above described easement at any time In the future. And, in addition, Grantors hereby grant to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which are tall enough to strike the wires In falling. Grantors agree that the surface of the ground will not be changed nor will any other alteration be made within the boundaries of the easement which would violate National Electrical Safety Code requirements for minimum clearance from the power line conductors. Grantors agree that all poles, wire and other facilities installed by Grantee on the above described lands. shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantors covenant that they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of•way and easement. together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns. forever. IN WITNESS WHEREOF. Grantors have caused these presents to he duly executed on this CP day of re APAtL 201 +1 ASPEN VALLEY LAND TRUST REI ACfll: / /l.f t � -�.� U G JOANN G. COFFMAN MARTHA COC RAN, EXECUTIVE DIRECTOR STATE OF CO 1 UirG.C(4 ) COUNTY OF C- Vji(LCl ) ss. The foregoing Instrument was acknowledged before me this day of A P v t �, by REX _.-- ;and JOANN G. COFFMAN. d and official seal. xpires:[j;- 13• (`i %Oro, tiawas acknowledged before me this 2-P. day of� Ln ecutive Director of ASPEN VALLEY LAND TRUST. eme Notary P i Address: CCU_ 19 6{ 20O hand and official seal. expires: CJi -_ 1 oq_ c %((i73 ,20d1 , et t clr Notary Pu, Address: Ca V. i,iY"1 Aisieffman Ranch OH:4.26-04 wd.v.mnwmcorrm.. Cc Wpa 0.rvl.ed r-7.07 PLEASE RETURN To: HOLY CROSS ENERGY P.O. ORAtiE R 2150 GLENo000 SPRINGS, CO 1( ICY 81602 (9.1 • • • Exhibit A Coffman Ranch Sec.36, T.7S, R.88W. of the 6th P.M. Cal timer Property New Holy Cross Energy Overhead Line South WgM Wag 131.0 G. R.R. Existing Holy Cross Energy Overhead Line Ackerman Prey Er sling POW Nen- r1r =, WIMP 14S 4+ Mom enUrn = .•mom wMMil — 61 ra R 19 ail' 2 emr 11 m maim ba ry -1r WIr. gw� -4 8 • • • 1111111 1111111E11111111 111111111111111111 1111 663141 11/09/2004 09s39A 81638 P14 M IA SDORF 1 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,. held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on, Monday, the 1911' day of April, 2004, A. D. there were present: John Martin _ , Commissioner Chairman Lan -y McCown (absent) , Commissioner Tresi Houpt , Comrnissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION No. 2004-111 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A 141 -ACRE TRACT OF LAND OWNED BY REX AND JOANN COFFMAN ("NORTH PARCEL") Parcel ID: 2393-364-00-266 WHEREAS, Rex and JoAnn Coffman petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.A.S. 1973, 30-28-101 (10) (a) -(d), as arnended, and the Subdivision Regulations of Garfield County Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 141 -acre tract (known as the "north" parcel) into four (4) tracts with the exemption parcels more practically described as follows and contained in Exhibit A: Lot 1 (4.03 acres) Lot 2 (4.01 acres) Lot 3 (4.06 acres) Lot 4 (130.13 acres) WHEREAS, the property is located within the Agricultural/ Residential / Rural Density (AJR/RD) zone district and is also located in Study Area 1 of the Comprehensive Plan of2000 in an area designated as "residential low density"; and WHEREAS, Section 8:52(A) of the Subdivision regulations of 1984, as amended, states that F' I I1111I IFI I1IIf III 111111 IIII 1111111 III hill f Ill IIII 663141 11/09/2004 09.398 B1638 P15 M ALSDORF 2 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records ofthe Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part ofa recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) preventing joint use ofthe proposed tracts, and the division occurs along the public right-of-way, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent ofthe Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis of substantia] competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. Proper public notice was provided as required for the hearing before the Board of County Commissioners; 2. The hearing before the Board of County Commissioners was extensive and complete, all pertinent facts, matters and issues were submitted, and all interested parties were heard at that meeting; 3. The above staled and other reasons, the proposed Exemption from the Definition of Subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; and 4. The application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 5. The application is in conformance with the Garfield County Subdivision Regulations of 1984, as amended. • • • 1 iniii 11111 1111111 111 111111 111 1111111 iii 11111 ilii im 663141 11/09/2004 09:39A 91638 P16 ri AL5DORF 3 of 12 R 0.00 0 0.00 GARFIELD COUNTY CO NOW THEREFORE, BE IT RESOLVED, by a vote of 2 to 0, that the division of the above described 141 -acre tract is hereby exempted from such definitions with the conditions set forth below and may be conveyed in the form of the "Lots 1 - 4 of the Coffman Subdivision Exemption 1 (North Parcel)", as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution and that the following conditions of this approval required by the Board of County Commissioners have been completed. 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2, The Applicant shall include the following text as plat notes on the final exemption plat: a. "Control of noxious weeds is the responsibility of the property owner." b. "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owners property boundaries." c. "No open hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid fuel burning stove as defied by C.R.S. 25-7-401. et, seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances". d. "A11 exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries". "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non - negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations, f "All owners of land, whether ranch or residence, have obligations under State law and 3 • • i iniii niu nmii 111 111111 1111 iiiim iii 11111 1111 uii 663141 11/09/2004 09:391 B1638 P17 M ALSDORF 4 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance i'ith zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living cfc Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." g. "A11 new septic systems for Lots 1 — 4 of the Coffman Exemption shall be designed by a professional engineer licensed to practice in Colorado. All systems shall be Individual Sewage Treatment Systems (1STS) due to the property's location up -stream from the Town of Carbondale's Roaring Fork Well Field Aquifer," h. "All future lot purchasers 1 builders that they are required to submit an "elevation certificate" performed by a registered surveyor licensed to practice in the State of Colorado that shows the building envelope is outside the 100-yearfloodplain with the building permit application. If a building envelope is found to contain portions of the 1O0year floodplain, no building permit shall be issued until a floodplain Special Use Permit (or equivalent adequate land use permit) has been obtained. As an alternative, the building envelope may be adjusted to exclude any portions of the floodplain ifpractical, An amendment to the building envelop will require a plat amendment approval, from the Board of County Commissioners. "Lots 1, 2, and 3 of the Coffman Exemption (north parcel) shall each be apportioned raw water irrigation rights from the Slough Ditch equaling no less than 0.1 cfs, The ownership of these water rights shall be transferred to the Homeowners Association which shall manage and apportion this water to each of these three lots." j. "No further subdivision shall be allowed via Exemption from the Definition ofSubdivision. 3. Because Lots 1— 3 will share a well for their domestic water supply, the Applicant shall establish an unincorporated Homeowners Association (with associated protective covenants) to own and manage the shared components of the shared water system as well as the water rights which include the Basalt Water Conservancy District contracted water and irrigation water rights from the Slough Ditch that are to be used by Lots 1 - 3. This HOA shall determine how physical elements and associated rights of the shared water system (well, water lines, easements, maintenance and repair obligations) are to be owned and managed for each future owner of Lots 1 — 3, This document shall be provided to the County for review as part of the final plat submittal. 4. In order to provide adequate access to the lots for the Carbondale and Rural Fire Protection District, the Applicant shall construct the shared access to lots 1 - 3 to have a minimum unobstructed width that is agreed upon and approved by the Carbondale & Rural Fire Protection District. In addition, because the access route to lots 1 — 3 crosses the Slough Ditch using a 4 • 1111111 11111 BIM ill 111111 1111 111111111 11111 FHB 663141 11109,2004 09:394 81638 P18 M ALSDORF 5 of 12 R 0.00 D 0,00 GARFIELD COUNTY CO bridge, it shall be designed and constructed to accommodate the weight of fire fighting apparatus. This design shall be approved by the Carbondale & Rural Fire Department. 5. The Applicant shall pay development impact fees to the Carbondale and Rural Fire Protection District equating to $417 per lot to be paid to the District at the time of final plat and prior to final recordation of the final plat. 6. The Applicant shall be required to pay a 5200.00 school site acquisition fee to the RE -1 School District for each newly created lot at the time of final plat and prior to final recordation of the final plat. 7. The Applicant shall provide a copy of an approved 404 permit from the Army Corps of Engineers (if necessary) regarding any development impacting the Slough Ditch as it has been classified as an ephemeral channel (a "water of the US"). This permit (if required) shall be provided as part of the final plat submittal. If this permit is required based on the opinion of the US Army Corps of Engineers, the Applicant shall have an extension of eight (8) months beyond the normal 120 days to file a final plat with Garfield County in order to obtain the necessary permit(s). In the event no permit is required, the Applicant shall be required to submit a final plat within the normally required 120 days of the approval by the Board. 8. The Applicant shall be required to legally describe and graphically depict an access easement on the final plat providing access to Lots 1 — 3 over and across the "remainder" lot. This easement and terms of its governance and maintenance shall be provided to the County for review as part of the final plat submittal and shall be recorded along with the final plat. 9. Regarding weed management, the Applicant shall 1) provide a map and inventory of any County Listed Noxious Weeds on the 142 acre parcel and 2) provide a weed management plan that addresses any inventoried noxious weeds found on the property. The Applicant shall also provide a mechanism such as deed restrictions or protective covenants that determine who or what entity (such as a HOA) will be responsible for weed management on the access road into the proposed three new lots. 10. The Applicant shall submit an approved well permit issued from the Colorado Division of Water Resources as part of the final plat submittal, No submittal shall be accepted by the County without this well permit. As normally required, prior to the signing of the plat, all physical water supplies shall demonstrate the following as part of the final plat submittal: a) That a four (4) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5 • • • 1nal nisi nmii 111 111111 1111 1111111 111111111111 1111 663141 11/09/2004 09:39A B1638 P19 M ALSDORF 6 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO e) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; g) A water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. 11. The Applicant shall submit documentation from the entity that operates and maintains the Slough Ditch that permits the Applicant to construct a formal crossing of the ditch that provides access to Lots 1, 2, and 3. Additionally, the Applicant shall graphically depict the easement associated with the entire length of the Slough Ditch on the final plat. Dated this 8th day of November, 2004. ATTEST: r •Yr:= / �. Cl k of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the forego' +g Reso i P1n was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) ,Aye {Absent) ,Aye I, , County Clerk and ex -officio Clerk of the Hoard of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 b 1 11111 11111 1 11E11 fill 1111 1101 11 111 11111 11 11 1111 663141 11/09/2004 09:398 81638 P20 t1 ALSDORF 7 of 12 R 0.00 D 0.00 GRRFIELD COUNTY CO County Clerk and ex-officio Clerk of the Board of County Commissioners SCARRpW E WALKER INC PAGE g: 1 111111 11111 1111111 1111E11 ILII 11111 11 111 11111 1111 111 663141 11109/2004 09:39A 01438 P21 M GLSDORF 8 of 12 R 0.00 0 0.00 GARFIELD COUNTY CO LOT 1 E,1(1.1:11;4.- A- A PARCEL OF LAND SITUATED N GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 11 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 17 WHENCE THE NORTHEAST CORNER OF SAID LOT 17 BEING A BRASS CAP L.S. N10732 BEARS N.111'31'40"E. 57.64 FEET; THENCE LEAVING SAID NORTHERLY LINE S.00'12"09"F. 535.23 FFMT; THENCE S.87' 09'51'W. 165.34 FEET; THENCE S.63'01'55"'W, 111.90 FEET: THENCE N.05'211'06"W. 456.17 FEET; THENCE N.59'41'02"E. 335,66 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N.11'31'40"E. 79.27 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNTN1 i SAID PARCEL CONTAINING 4.03 ACRES MORE OR LESS. ALSO KNOWN AS - LOT 1 OF THE COFFMAht RANCH SUBDIVISION EXEMP71ON NORTH PARCEL PLAT. ABOVE PARCEL OF LAND BEING TOGETHER wm1 AND SUBJECT TO THE FOLLOWING DESCRIBED EASEMENT: A 30.00 FOOT ACCESS UTILITY AND WELL EASEMENT SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 11 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 1100, WHENCE A FOUND G.L.O. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS 5.26°26'43" E. 631.27 FEET; TACE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENT N.511'5T55"W. 70.52 FEET: THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 110.16 FEET, A CENTRAL ANGLE OF 90'5711" AN ARC LENGTH OF 217.11 FEET { CHORD BEARS N.20'41'43"W. 257.90 FEET); THENCE 519'51'I1"E. 76.65 /LET; THENCE N10'0277'E. 266.55 FEET; THENCE N.63'0W55"E. 112.16 FEET; THENCE N.F7'09'31 "E. 39.00 FEET; THENCE N.00'01'04"W. 60.04 FEET TV THE POINT OF TERMINUS. Il1R' I7.nn4 111!14 g7?1945B665 SCARROW 3 WALKER INC PASE R3 111111111111111111111111111111111111111111111111111111) 663141 11/09/2004 09:39A B1638 P22 M ALSDORF 9 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO LOT 2 A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON TI -IE NORTIERLY LINE OF SAID LOT 17 WHENCE THE NORTHEAST CORNER OF SAID LOT 17 BEING A BRASS CAP L.S. 110732, BEARS N.8S'3I'40"E. 136.87 FEET; THENCE LEAVING SAID NORTHERLY LINE S.59'41'02"W. 335.66 FEET; THENCE S.05'28'06"E. 456.17 FEET; THENCE S.8O'0227"W. 267.98 FEET; THENCE N.00'00'57"W. 656.75 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N.88'3I'443"E. 510.58 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4.01 ACRES. MORE OF LESS. ALSO KNOWN AS - LOT 2 OF THE COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL PLAT. ABOVE PARCEL OF LAND BEING TOGETHER WITH AND SUBJECT TO THE FOLLOWING DESCRIBED EASEMENT. A 30.00 FOOT ACCESS, UTU' AND WELL EASEMENT SITUATED IN GOVERNMENT WT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXm PRINCIPAL MER]DLAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON ITE NORTHERLY RIGHT OF WAY UNE OF COUNTY ROAD 1100, WHENCE A FOUND G.L.O. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S26'26'43" E. 6$.27 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENT N.58'52'55"W. 70.52 FEET: THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 180.86 FEET, A CENTRAL ANGLE OF 90"5711" AN ARC LENGTH OF 287.11 FEET ( CHORD BEARS N.20'48'43"W. 257.90 FEET); THENCE S.89' 58' 11 "E• 76.65 FEET; THENCE N80'0277"E. 266.55 FEET; THENCE N.63'08`55"E. 182.86 FEET; THENCE N.'87'099'51 "E. 39.00 FEET; THENCE N.00'08'04"W. 60.04 FEET TO THE POINT OF TERMINUS. s 'n7 rnawn 11-14 47R4Q5RAPA SCARRCW & WALKER INC PAGE B4 111111 11111 1111111 111 !Hill 1111 1111111 ID lIiliI 111 1111 663241 11/09/2004 09:39A B1638 P23 11 ALSDORF 10 of 12 R 0.00 0 0.00 GARFIELD COUNTY CO LOT 3 A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNS/UP 7 SOUTH, RANGE 18 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 17 WHENCE THE NORTHEAST CORNER OF SAID LOT 17 BEING A BRASS CAP L.S. 010732, BEARS N.88'31 *40"E. 647.45 FEET; THENCE LEAVING SAID NORTHERLY LINE S.40'00'57"E. 656.75 S. THENCE N.89.58'I I "W.63.14 FEET; THENCE N.60.16'32"E. 46.49 FEET THENCE N.42'29'00"W. 314.67 FEET; THENCE N.Qf'34'37"W. 393.41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N.88`31'40"E. 319.92 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4.06 ACRES, MORE OF LESS. ALSO KNOWN AS LOT 3 OF THE COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL. ABOVE PARCEL OF LAND BEING TOGETHER WITH AND SUBJECT TO THE FOLLOWING DESCRIBED EASEMENT. A 30.00 FOOT ACCESS UTILITY AND WELL EASEMENT SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 11 WEST, OF THE SD(TH PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 11100, WHENCE A FOUND G.L.O. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S.26'26'43" E. 638.27 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENT N.58'52'55'W. 7032 T: THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 180.86 FEET, A CENTRAL ANGLE OF 90'57'11" AN ARC LENGTH OF 287.11 FEET ( CHORD BEARSN.20.4W43"W, 25257.90FEED; THENCE 5.195811"E, 76.65 FEET; THENCE N80'0227"E 266.55 FEET; THENCE N.63'0�855 E 182.86 FEET; THENCE N.87.09.31"E. 39.00 FEET; THENCE N.00'0W04"W. 60.04 FEET TO THE POINT OF TERMINUS. • • 11193!2364 13:14 97094566E5 SCAPROW g WALKER INC PAaE 35 111111111111111111 111 III111111111111111111111111111111 663141 11/0912004 09:39A 81638 PZ4 11 ALSDORF 11 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO PAGE 1 LOT 4 (REMAINDER PARCEL) A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12 AND 13, AND PORTIONS OF GOVERNMENT LOTS 15, 16, AND 17 OF SECTION 36 TO'W'NSHIP 7 SOUTH, RANGE 18 WEST, OF THE SIXTH PRINCIPAL MERIDIAN; ALSO A PORTION OF GOVERNMENT LOT 14 OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN BETNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COINCTNG AT 771E NORTHWEST CORNER OF SAID LOT 13 (WHENCE THE WITNESS CORNER BEING A FOUND 46 REBAR AND ALUMINUM CAP L.S. 426950 BEARS S.00'10'33"E. 10.00 FEET); THENCE N.89'0322"E. 885.38 FEET ALONG THE NORTHERLY LINE OF SAID LOT 13 TO THE NORT'1TWEST CORNER QF SAID LOT 12; THENCE N.89'12'48"E. 494.20 FEET ALONG THE NORTHERLY LINE OF SAID LOT 12 TO THE 'NORTHEAST CORNER OF SAID LOT 12; THENCE S.00'4570"E. 697.53 FEET ALONG THE EASTERLY LINE OF SAID LOT 12, TO THE SOUTHEAST CORNER OF SAID LOT 12; THENCE S.00'26140"E. 602.39 FEET ALONG THE EASTERLY LINE OP LOT 17 TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N. 88'31'40" E. 1216.62 ALONG THE NORTHERLY LINE OF SAID LOT 17; THENCE LEAVING SAID NORTHERLY LINE S.00'34'37"E. 393.4] FEET; THENCE S.42'29'OO"E. 314.67 FEET; THENCE S.60' 16'32"E. 46.49 FEET: THENCE S.89'S811 "E. 63.14 FEET THENCE N.$0'02.27"1+. 267.98 FEET; THENCE N.63'08'55"E. 181.90 FEET; THENCE N.117'09151 "E. 165.34 FEET; THENCE N.00' 12'09"W. 533.23 FEET TOA POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N.881I40"E. 57,60 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 14 ; THENCE N.118-31`4Q"E. 499.88 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14 TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE S.0030'00"E. 721.07 FEET ALONG THE EAST LINE OF SAID LOT 14 TO A POINT ON AN EXISTING FENCE. ALSO BEING ON THE NORTHERLY RIGHT OF WAY UNE OF COUNTY ROAD 100; THENCE ALONG SAID FENCE AND THE NORTI-IERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FOURTEEN (14) COURSES: 1) S.79'49'23"W. A DISTANCE OF 47.58 FEET; 2) 5.73'31'13"W. A DISTANCE OF 12098 FEET; 3) S.69'43'21 "W. A DISTANCE OF 189.48 FEET; 4) 5.74'47`25"W. A DISTANCE OF 129.37 FEET; 5) S.81'33'50"W. A DISTANCE OF 622.29 FEET; 6) 5,81' I I'2 1 "W. A DISTANCE OF 701.96 FEET; 7) S.81'30'50"W, A DISTANCE OF 984.74 FEET; 8) S.83'53'04"W. A DISTANCE OF 314.46 FEET; 9) S.86'24'26"W. A DISTANCE OF 139.69 FEET; 10) S.87'3715"W. A DISTANCE OP 112.30 FEET; 11) S.89.45'08"W. A DISTANCE OF 423.29 FEET; CONTINUED 11/93204 13:14 9709458655 5CARF'CW WALKER INC PANE Ef AIN 111111IIIII11111111111111HIEN 111111 III 11I 663141 11/09/2004 09:39A 61638 P25 M ALSDORF 12 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO PAGE 2 CONTINUED 12) 5.118' 16:36"W. A DISTANCE OF 122.16 FEET; 13) N.R8'14'12"W. A DISTANCE OF 146.07 FEET; 14) N.113"44'01"W. 61.10 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 763 PAOE 727; THENCE CONTINUING ALONG SAID FENCE LINE AND THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWTNG FIVE (5) COURSES: 1) N.88`09'40"W. A DISTANCE OF 178.03 FEET; 2) S.89'4] '20"W. A DISTANCE OF 149.39 FEET; 3) S.89'0410"W. A DISTANCE OF 283.80 FEET; 4) 5.88'4478"W, 30.21 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; 5) 5.88'44133"W. 511.81 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; THENCE LEAVING SAID FENCE AND NORTHERLY RIGHT OF WAY LINE N.15'30'44"E. 192.83 FEET TO THE NORTHWEST CORNER OF SAID BOOK AND PAGE; THENCE S.87'2I'45"E. 227.54 FEET; THENCE N.79'0746"E. 120.81 FEET; THENCE S.84'3727"E. 114.68 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 727; THENCE 5.83'21'34"E, 156.50 FEET; THENCE N.82`04'26"E. 266.62 FEET; THENCE N.79'44'46"E. 220.50 FEET; THENCE N,02'44'09"E. 115.26 k HL 1; THENCE N.22'09'S 1 "E. 22.78 FEET TO A POINT ON THE WESTERLY LINE OJ SAID LOT 16; THENCE N.00' 10'33"W. 1411.61 FEET ALONG THE WESTERLY LINE OF SAID LOT 16 TO THE SOUTHWEST CORNER OF SAID LOT 13; THENCE N.00'1013"W. 680.44 FEET ALONG THE WESTERLY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 13, SAID PONT ALSO BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINING 130.13 ACRES, MORE OR LESS. ALSO KNOWN AS LOT 4 OF THE COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL. ABOVE PARCEL OF LAND BEING TOGETHER WITH AND SUBJECT TO THE FOLLOWING DESCRIBED EASEMENT. A 30.00 FOOT ACCESS UTILITY AND WELL EASEMENT SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RAN13E 88 WEST, OF THE SIXTH PRINCIPAL MEd, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 1100, WHENCE A FOUND G.L.O. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S.26'26'43" E. 638.27 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENT N58'52'55"W. 70.52 FEET; THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 180.86 FEET, A CENTRAL ANGLE OF 90`57'11" AN ARC LENGTH OF 287.11 FEET ( CHORD BEARS N.20'48'43"W. 257.90 FEET); THENCE 5.89'58"1 1"E. 76.65 FEET; THENCE N80'03'27"E. 266.55 FEET; THENCE N.63'08'55"E. 182.86 FEET; THENCE MST 09'51 "E. 39.00 FEET; THENCE N.00'08'04"W. 60,04 F'EE'L" TO TES POINT OF TERMINUS. •994.-51.0 1.444$) UAW ,,S,Dr4r3 svAatens purl panguki 173.LYZIOdWOON7 112117V.41 -F i102121V2S" limmlillIM ilml IIIMMI Mil MEMNII ImimMim M max ,r I_ .aind J•Galn0 az, No. Amor 00,047 d7.9.18 vu '0) 12,22140c4p, 00/ IW '6:2 4SW AIIIKAA9.9 NNW! -3' X.721 1Od 03711W3gd LINE TABLE F1'IS'e1^.1 Sf0 101 T' LI a 14'.5.39.4 1,51' Li 41.)7'54"1 141 l4' Li J 11'41'51'4 14 .11' Lr 6 41'12ses •s 411.n • 41^95.44'45 :1 4▪ 1 5 /ii'I.tS�1.:4' L11.05'o 1 5 Lit f /9'40'01' 414 {{7 si 11'38'". 41't4' Y* 14_. } 4 F 41'04'11'1 41.14• L1� R . 'd1'Yb^e y14.95' Lf. / 41.09454• Sher gji k Ff'F�S.l6b' [1( 111.44.24, 10.51' 314 s l rie `4l-.? SI1.14x' LLI31) R i11e Ole 45 c !41.' 120 yypp• 5.4, 4 '1 �$1' 921 R 11'64'11 •r 1 6if1' 123 4 11'1, 41.44 111.41' .1141 ! 1!'!1'14'3 11.464 fi x Fi`d 4.Edd 141.62' 31 1 11 ,4'ai'41-( 136.14V lis-F-675n,_4r� 1 i 3i i1 -e 13.51. 9 a'41.45 -r 114.11' 116 a 34'51.51.1' 311.14' 1.11 a IC'71.31^Ls 44 46" t11 9 ',ll �1i4" 4013. ¢11 4 id•4i'5444 119 14 TI 11.;1,2 / 1.14' 1.1f 1 11'44 91'11 "6T.i1' 3 11.40' COFFMAN RANCH SUDIVISION EXEMPTION NORTH PARCEL PLAT SITUATED IN LOTS 12, 13 AND PORTIONS OF LOTS 16 AND 17, SECTION 36, DETAIL TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN 1 INCH = 100 A PORTION OF LOT 14, SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY COLORADO o N 891403' 2" E N 89'22'48" E 494.20' 885, 38' Found CpLSI 214450 110 FOOT HIM= CORNER 1 GOVT LOT 11 Seeks, .in round Se 5.bar 1 R11JN0 R6 Rebar 6 Alw., Cap Ls 428955 14I,.R, Cep, LS 015710 RRq JL 61. 554 +.J1_2241141 'Found 16 Rebar 1 Alun. Caps Pts 0 26450 401,1 102 16 0415.en 36 sea. eo� 0 (04, Peens/ 614 !Mbar C Atom_ Cap, FL5 0 26450 b • Found 46 Amar S ANN, Cap, PIS 625940 ,„ .1.8,. 8"31'40" & 4 v r Ger «e SCALE- 1 !Nat - 201 PITT LOT 4 (REMAINDER PARCEL) (230.2314c-?reledimg Lett 1-3) 540.50' FEET LOT 4' 61 ARES 34 55 LOT 1 4.47 ACRES 541/1.1111.10, ENVELOPE BUIL O1NG ENVELOPE 75. 4t 0344 3, r 17i760 .E2SCS 7 .60:21.00 S POVER POLE (J-1 Cenler 3 00'00`33" N 416,50' T BRASS CAP FTRiH1 1N PLACE 1441THE55 CORNER 104 THE EAST Loa55 1 !if CORNER OF SECTION 361 ���1054995 015 U1'T 201 'e' s {NORTHEAST CORNER 5 N4R. UST 10 MASS CAP ram PLACE Ls 010092 OATS 19 2683.86' NORTNEAST CORNER Cd9VE11POWNf LOT 24 MASS CAP mean 144 404.1 1.5 015912 <.re 1c1+1. .41,441 Ha" 017141 11204.0141 II 11)V'T 5.04 15 SecEi,n 36 Pnu..d 65 Re4er 4 2p, PLS 0 14121 Found 45 Rebar 14 CAD. PGS 0 2444140 ro 4405,44 IS Reber 1 Cap, 11,5 0 21113 445(104 65 Rebar 4 CAP, Pts 0 20950 FORT /5 !Mbar 4 Cap, PCS 0 26120 r L - - GOVT LOS 23 Secllee 36. INleneen Corner 000th 1/f Corner 550436n 56 Found 06 Helm., and an can±Oreance eith hearing Trees shove an Oat 4onuroe00 Record filed by Lee E. 1ngr.. Jona 14, 1414. GOVT LOT 55 5159.519 36 South I44 Corner Section 30 CO 91525 04' BEARING f` 11 00'00'33" E cl IACCPRdtHG TO INE ROAR114G O FORE RAE15 131414. MAT, MASK TRR0949 yl In 908T LOT 21 SPC1ese 35 SOUTHEAST CORNER sECT1ai BRASS CAP POMO 1H PGCE t E a !;63141 p5 1 111111 111111111111 111111111 1111111111 111 111111111111 679537 08/05/2003 18:264 B1714 P125 M PLSDORF 1 of 2 R 11.00 D 0,08 GARFIELD COUNTY CO TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this ; 0 day of 7 Er tv 4 20 47 5— between REX A COFFMAN AND JOANN G. COFFMAN, whose mailing address is 1837 County Road 100, Carbondale, Colorado 81623.9532, hereinafter called 'Owner, and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Drawer 2150, Glenwood Springs, Colorado 81602, hereafter called `Holy Cross` WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called 'Facilities", to serve a project known as Coffman Ranch, hereinafter called 'Project": and, WHEREAS, Owner Is requ+red to provide all excavatlor, conduit and vault Installation, backfill, compaction and cleanup needed to construct said requested Facilities; and, WHEREAS, Owner owns real property described as follows: A parcel of land situate in Government Lot 17 situate In Section 36, Township 7 South, Range 88 West of the 6° P.M, as recorded in Book 364 at Page 109 in the records of the Garfield County Clerk and Recorder's Office, Glenwood Springs, Colorado, hereinafter called "Property', which Property 15 the real property where the Project is being developed; and, WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent to the Project described as fo{lows: 1.ot 1. Coffman Ranch Subdivision exemption north parcel according to the plat thereof recorded November 9, 2004 as recorded by Reception No. 663142, hereinafter called `Adjacent Land". NOW, THEREFORE, Owner and Holy Cross agree as follows: 1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for Installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy Cross, and performed In accordance with Holy Cross Vault installation Specifications, Construction Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross In advance. Ali Facilities installed hereunder shall be Inspected during construction by Holy Cross and shall meet all holy Cross requirements prior to acceptance of such Facilities by Holy Cross. a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications and Construction Specifications and such specifications are made a part hereof by reference. b. AIi Fadlhtles Installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility easements. r, The top of all conduits installed hereunder shall be located a minimum of 48" below the final grade of the ground surface. d. A twelve -Inch (12") minimum separation will be maintained between conduits installed for the Facilities and all other new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation from plastic gas lines shall be greater than this minimum wherever practicable. e Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross. Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. f. 1f conduit and/or vault Installation provided by Owner for the Project are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from conduit and/or vault installation being unusable or improperly constructed. 2. Despite the Fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing as own tools and equipment, payment of all wages, taxes, Insurance, employee withholdings, and fees connected with Its work on the Project, 3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground electric facilities except under the on site supervision of a qualified Holy Cross employee. 4 Owner shall indemnify, save, and hold harmless Holy Cross, Its employees and agents, against any and all loss, liability. claims, expense, sults, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by the Owner. Owner shall promotiy defend Holy Cross whenever legal proceedings of any kind are brought against It arising out of work performed hereunder. in the event Owner shall fall to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred it defending any such legal proceeding. Owner agrees to satisfy, pay, and discharge arty and ail Judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to Join in such settlement agreements. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever Owner Is a government or district it shall procure and maintain in effect at least 51,000,000 of public liability Insurance covering the acts, damages and expenses described In the above indemnification clause. Upon Holy Cross' request, such a Owner shall furnish a Certlflcate of Insurance verifying the existence of such insurance coverage. 5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two (2) years beginning on the date backfill and cleanup are completed. 6 Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation performed hereunder for a period of two ill years beginning on the date backfill and cleanup are completed. 7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mall demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from Owner. W/O404.19102:65.36:Coffman Ranch UG:4.8.05 wo.iv u..r.err'Commri7 Page 1 of 2 Revised 3.75.03 HOLY CROSS ENERGY P.O. 80X 2150 GLENWOOt3 SPRINGS, CO 81602 .y } 1617111151711011811111111111111111111111111 lit 1111111 11F11 2005 1p:26A 01714 P120 11 GLSDORF 2 of 2 R 11.00 D 0.0• GARFIELD COUNTY C0 8. As set forth In paragraph 1 above, Owner covenants that the trench, and all facilities within the trench Installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of Owner to properly locate and construct the Faeilitles within the easement. Should it ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner. 9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on the Property are accessible by Holy Cross boors trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any Improvements, landscaping, or other obstructions, The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power Pine route between the vaults Thr ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of saki transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10. Owner covenants that It Is the owner of the above described Property and that said Property is free and clear of encumbrances and liens of any character, except those held by the following - The promises,, agreements and representations made by Owner herein shall be covenants that run with the Property and shall be binding upon the successors In interest, and,a5'Sions, of the Property. 11JR-4Q , Holy Cross Energy, a Colorado corporation y By: Ric d D Brinkley, Gene al M nager • Regula STATE OF COUNTY 0FCL_ '�A.,\ 1 SS. 1 REX AOFfMAN • JOAN N G. COFFMAN The foregoing instrument was acknowied• . - e this��Z' day of���- 20' by REX A. COFFMAN AND JOANN G. C WITNESS my hand and official s My eommisslon expires: S CG - :.,.:r, W.tt'tS 65113/M7 STATE OF 064,0A. .Si p� i ) ss. COUNTY OF .014013;4144, The foregoing instrument was acknowledged before me this by Richard D. Brinkley, General Manager - Regulated Services WITNESS my hand and official seal. My commisslon explres: 9. 7.© S .-� Notary Public Addressjnt l;t hs3 day 001.2./.444,41 2p O of Holy Cross Energy, a• olorada corporation XI 4- 44.t -e, eietAllb7, Notary Public Address: 241 4 � 8 ► 6 o1 W/OAr04.18812:65.46:Coffman Ranch OH:I 2-1 5.04 veaeuenernerr enlvmen2 Trench, Ca ndurt and Vault Agresmsnt Maly Cease Energy Page 2 of 2 11111111111111111111111111111111111 11111111111111111111 679'363 08/05/21x@5 10:34R 81714 P137 M RL5DORF 1 of 2 R 11.00 D 0.ee GARFIELD COUNTY CO HOLY CROSS ENERGY UNDERGROUND RIGHT-OF•WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS. that the undersigned, RD A. COFFMAN AND jOANN G. COFFMAN (hereinafter tailed "Grantors"). for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Hoty Cross Energy, a Colorado corporation whose post office address is P 0. Box 21 50, Glenwood Springs. Colorado {hereinafter called "Grantee) and to its successors and assigns, the right of ingress and egress across lands of situate In the County of Garfield, State of Colorado, described as follows: A parcel of land situate in Government Lot 17, situate in Section 36, Township 7 South, Range 88 West of the 6° P.M. as recorded by Book 364 al Page 109 in the records of the Garfield County Clerk and Recorder's Office. Glenwood Springs. Colorado. And, to construct, reconstruct, repair, change. enlarge, re -phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vauhs, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands. upon an easement described as follows: An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the approximate location of which upon the above described property, is shown an Exhibit A attached hereto and made a part hereof by reference. The rights herein granted speclflcally allow Grantee to install additional underground and/or pad•mounted facilities within the easement described herein. it shall be the Grantors responsibility to ensure that splice vaults. switchgear vauhs and transformer vaults Installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at alt times. The use of such access by Grantee shall not require removal or alteration of any Improvements, landscaping. or other obstructions. The ground surface grade shah not be altered within ten 110) feet of said splice. switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhote opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed In the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten 110) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions Improvements, landscaping and other objects will he kept a minimum of four (4)feet from non -opening sides and backs of said transformers and switchgear. Grantors hereby agree to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantors. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance. when such is reasonably necessary for the implementation and use of the rights hereinabove granted. in areas where vegetation is disturbed by the above described use of the easement. the ground surface shall be seeded using a standard native mix by Grantee. Grantors agree that landscaping or other surface Improvements added on said easement after the date of execution hereof will be minimised and that Grantee will not be responsible for damage to said addltional iandscaping or surface Improvements caused by exercise of Its rights granted by this easement. Grantors agree that all facilities Installed by Grantee on the above described lands. shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantors covenant that they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following' TO HAVE AND TO HOLD, said right•of-way and easement, together with all and singular, the rights and privileges appertaining thereto. unto Grantee, Its successors and assigns, forever. IN WrTNESS WHEREOF, Grantors has Caused these presents to be duly executed on this _ ? 6 day of 1 c, # 20Q i The in iivlduals signing this Holy Cross Energy Underground Right -of -Way Easement hereby represents that they have full power an€f atittrprity to sign. execute, and deliver this instrument, RD A. COFFMAN STATE O\L. 1 COUNTY OF The fore oing instrument was acknow 20_ by REX A. COFFMAN A WETNESS my hand and officla My commission expires: .aiff 11[ 1 V (��[" 444 yam, J NN C. COFFMAN i it —day of �� p L. \`'5\i„ Notary Publ! Address' \ 3 , y 1y., Ct 0' Cori= Epis 05/13,+1007 W/O4►04•t9t02:65.36:Coftman Ranch UG:T2.15.04 v.d.lFrr,.rhnrr\ccnman2 Revised 9.14.04 HOLY CROSS ENERGY P.O. BOX 2150 GLENWOOD SPRINGS, CO 81 602 County Rd 100 Lot 3 Roaring Fork River Lot 2 Lot 1 New Transformer „/"./NN r_ New Underground Electric Line Pale Holy Cross Energy NOT TO SCALE Section 36 Township 7 South Range 88 West of the 6th P.M. Garfield County G ,FACiL� un *p EXHIBIT Job Name: Coffman Ranch U.G. W/O #: 19102 0 J • • • J 1111 K!1114/11,K1I14!IP0140 fl4 ' l,11Vi 11111 Reception#; 748269 0512612$00 12,24 54 PM Jean A1berico 1 of 2 Rot Fee:111.50 Doc Fee,O 00 GARFIELD COUNTY CO GENERAL WARRANTY DEED REX ALLEN COFFMAN REVOCABLE TRUST and JOANN G. COFFMAN REVOCABLE TRUST, Grantors, whose address is 1837 County Road 100, Carbondale, Colorado 81623, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to THE RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC., a Colorado non-profit corporation, Grantee, whose address is 14913 Highway 82, Carbondale, Colorado, 81623, the following real property in the County of Garfield, State of Colorado: See Exhibit A attached hereto and incorporated herein by this reference. with all its appurtenances, and warrants the title to the same except for real property taxes for 2007 and subsequent years, not yet due and payable, subject to all matters on Exhibit B attached hereto and incorporated herein by this reference, and subject further to a perpetual covenant and restriction which prohibits in perpetuity any residential or commercial development upon the properly herein conveyed. This deed restriction prohibiting development on the subject property may be specifically enforced by the Grantors, or their heirs, successors or assigns. The Grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quit and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, Grantors have executed the within Deed this GP/e4 day of 2008. STATE OF COLORADO ) ss COUNTY OF GARFIELD REX A N COFFMAN REVOCABLE TRUST By: F'CQ'*�"� Rex Allen Coffman, Trustee JOANG. COFFMAN REVOCABLE TRUST By: JoAnn G. Coffman, stee The above and foregoing document was subscribed and sworn before me this ,',+A' day of , 2008, by Rex Allen Coffman as Trustee for the Rex Allen Coffman Revocable Trust and JoAnn G. Coffman as Trustee for the JoAnn G. Coffman Revocable Trust. Witness my hand and official seal. My commission expire : 3.4 21.1 My address is: UVaL31Lr,lr1_a Notary Public General Warran0' Deed Coffman/The Ranch at Roaring Fork Homeowners Association Remit to Lawrence R Green Balood it & [ireeo r c P O. Diartr 740 Glenwood SPn n{s. C0 816tl i +u r,,,;t,,► Page 1 of 1 IT Ell Rc 111. /VIM RI NIier,l'1f9 itelh ffr Yn AtPM 11 Receplionp: 749,269 05/2812008 I2•24.64 Pit .roan Rlberloo 2 0l 2 Roc Fer:s11.013 Doc Fee:0.0C GARFIELD COIFITY CO EXHIBI T A PARCEL 3 PROPERTY DESCRIPTION A Parcel of land being a portion of that property described as Parcel A (Remainder Porcal) according to the Coffman Parch Subdivision Exemption North Parcel Plat recorded a reception number 000000 of the Garfield County records, said Parcel of land being situated in Section 36, Township 7 South, Range 88 West of the Sixth Principe Meridian and is more particularly described as follows: Commencing at the Northeast Comer Government Lot 17 of said Section 36, a found Brass cap in place; thence N.60'29'13"W a distance of 2,524.73 feet to a point on the Northerly boundary of said Parcel A, said point being THE POINT OF BEGINNING; Thence along said Northerly boundary S,00'4520'E., a distance of 340,75 feet, more or less to a point on the centerline of the Roaring Fork River, thence the following four 0i coursrs along the centerline of said Roenng Fork River: 1, a distance of 52.87 feet along the arc of a nor, tangent curve to the left having a radius of 300.00 feet and a anther angle of 10'0548', chord bears S.75'0254'W., a dtstance of 52.80 feel; 2.5.70'00`07W., a distance of 230.00 feet 3. a distance of 353.43 feet along the arc of a curve to the right having a radius of 225.00 feet and a central angle of 90'0CY0(, chord bears N.35'Q0'00'W., a distance of 318.20 feet; 4. N.20'00.00'W., a distance of 307,53 feet to a point on the Northerly boundary of said Parcel A; thence along said Northerly boundary N.59'Q3'27E., a distance of 162.12 feet; Thence continuing along sad Northerly boundary N,89'1748'E., a distance of 494.20 feet to THE POINT Of BEGINNING. Said parcel of land containing 5,398 acres, more or less. ATTORNEYS DAN KERST dan@dankerstpc.com dankerstpc.com KELLY CAVE kelly@dankerstpc.com dankerstpc.com DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRrNGs, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 August 14, 2009 Thomas Veljic, AICP Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Coffman Subdivision CPPF6609 Our File 13282 Dear Tom: PARALEGAL ELISABETH GETZEN egetzen©dankerstpc.com RECEIVFJ) AUG 1 4 2009 GARFIELD COUNTY BUILDING & PLANNING Enclosed please find three (3) sets of the following documents for the Coffman Subdivision Combined Preliminary Plan and Final Plat ("Coffman Subdivision"): 1. Power of Attorney with Exhibit "A". 2. Revised Preliminary Plan and Final Plat. 3. Color copies of the Floodplain Maps. 4. My clients request approval of an Accessory Dwelling Unit ("ADU") under Section 3-304 of the Garfield County Unified Land Use Code. Approval of an ADU requires administrative review, Please let me know if you need information other than the documentation previously submitted for the Coffman Subdivision and whether we need to schedule an additional Pre -Application Conference. Please note that the Conservation Easement allows for an ADU under paragraph 6(B) (see attached copy of the Amended Conservation Easement). 5. Revised Physical and Legal Water Supply (Tab 10, subsection iii) to include ADU. 6. Revised Stormwater Runoff (TablO subsection viii) changing the word "pervious" to "impervious." 7. Copies of the title commitment exceptions as requested in your letter dated July 22, 2009. Please note that exception number 22 is the same as 17. August 14, 2009 Page 2 -- Please contact me if you have any questions or require any additional information. encl. xc: Rex and JoAnn Coffman (w/o enclosures) Doug Coffman (w/o enclosures) Michael Erion, P.E. (w/o enclosures) Don Scarrow (w/o enclosures) POWER OF ATTORNEY (REAL ESTATE) KNOW ALL MEN BY THESE PRESENTS, that the Rex Allen Coffman Revocable Trust and the JoAnn G. Coffman Revocable Trust (collectively the "Trusts") hereby make, constitute and appoint Doug Coffman as the true and lawful attorney in fact with full power and authority in name and on behalf: 1. The power to perform any and all acts necessary to purchase, sell, convey, transfer title, deliver deeds, bargain, encumber, or contract for the sale or purchase of certain real property described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference; also known as 1837 CR 100, Carbondale, CO 81623. 2. To sign land use applications and appurtenant documents and instruments required as part of the subdivision of said real property. AND in general the above named Trusts give the said attorney in fact full power to handle all the business affairs in such manner and with such authority as the Trusts might exercise, including the power to make, execute, and acknowledge instruments of every kind which may be proper or requisite to effectuate all or any of the premises. The Trusts hereby ratify, confirm and approve each and every act of the said attorney heretofore and hereafter taken in conformity with this power of attorney. THIS power of attorney shall be effective until revoked by the Trusts in writing, such revocation to be delivered to the attorney in fact above named. Everyone dealing with the Trust's said attorney in fact shall be entitled to rely upon the certificate of such attorney in fact to the effect that her power is in effect and has not been revoked. THIS POWER OF ATTORNEY SHALL AUTOMATICALLY EXPIRE BY ITS OWN TERMS UPON COMPLETION OF THE LIMITED PURPOSE SET FORTH ABOVE. IN WITNESS WHEREOF, this instrument is executed the day of June, 2009. STATE OF COLORADO COUNTY OF GARFIELD } ) ss. REX ALLEN COFFMAN REVOCABLE TRUST By Rex Allen Coffman, Trustee JOANN G. COFFMAN REVOCABLE TRUST By J:Ann G. Coffman, Truste This foregoing instrument was acknowledged before me this c day of June, 2009, by Rex Allen Coffman as Trustee of the Rex Allen Coffman Revocable Trust and JoAnn G. Coffman as Trustee of the JoAnn G. Coffman Revocable Trust. Witness my hand and official seal. My commission expires: 11,11.3,�. 2 LOT 4 (REMAINDER PARCEL) EXHIBIT a A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12 AND 13, AND PORTIONS OF GOVERNMENT LOTS 15, 16, AND 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN; ALSO A PORTION OF GOVERNMENT LOT 14 OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 13 (WHENCE THE WITNESS CORNER. BEING A FOUND #6 REBAR AND ALUMINUM CAP L.S. #26950 BEARS S. 00°10133" E. 10.00 FEET; THENCE N.89°03'22" E. 885.38 FEET ALONG THE NORTHERLY LINE OF SAID LOT 13 TO THE NORTHWEST CORNER OF SAID LOT 12; THENCE N. 89°12'48" E. 494.20 FEET ALONG THE NORTHERLY LINE OF SAID LOT 12 TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE S. 00°45'20" E. 697.53 FEET ALONG THE EASTERLY LINE OF SAID LOT 12, TO THE SOUTHEAST CORNER OF SAID LOT 12; THENCE S. 00°26'40" E. 602.39 FEET ALONG THE EAS 1'ERLY LINE OF LOT 17 TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N. 88°31'40" E.1216.62 FEET ALONG THE NORTHERLY LINE OF SAID LOT 17; THENCE LEAVING SAID NORTHERLY LINE S. 00°34'3T E. 393.41 FEET; THENCE S. 42°29'04" E. 314.67 FEET; THENCE S. 60°16'32" E. 46.49 FEET; THENCE S. 89°58'11" E. 63.14 FEET; THENCE N. 80°02'27" E. 267.98 FEET; THENCE N. 63°08'55" E. 181.90 FEET; THENCE N. 87°09'51" E. 165.34 FEET; THENCE N. 00°12'09" W. 535.23 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N. 88°31'40" E. 57.60 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE N. 88°31'40" E. 499.88 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14 TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE S. 00°30'OO' E. 721.07 FEET ALONG THE EAST LINE OF SAID LOT 14 TO A POINT ON AN EXISTING FENCE, ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 100; THENCE ALONG SAID FENCE AND THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FOURTEEN (14) COURSES: 1) S. 79°49'23" W. A DISTANCE OF 47.58 FEET; 2) S. 73'31'13" W. A DISTANCE OF 120.98 FEET; 3) S. 69°43'21" W. A DISTANCE OF 189.48 FEET; 4) S. 74°47'25" W. A DISTANCE OF 129.37 FEET: 5) 5. 81°33'50" W. A DISTANCE OF 622.29 FEET; 6) S. 81°11'21" W. A DISTANCE OF 701.96 FEET; 7) S. 81'30'50" W. A DISTANCE OF 984.74 FEET; 8) S. 83°53'04" W. A DISTANCE OF 314.48 FEET; 9) S 86024'26" W. A DISTANCE OF 159.69 FEET; 10) S. 87"37'15" W. A DISTANCE OF 112.30 FEET; 11) S. 89°05'08" W. A DISTANCE OF 423.29 FEET; 12) S. 88°16'36" W. A DISTANCE OF 122.16 FEET; 13) N. 88°14'1.2" W. A DISTANCE OF 146.07 FEET; 14) N. 83°44'01" W. 61.10 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 763 PAGE 727; THENCE CONTINUING ALONG SAID FENCE LINE AND THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FIVE (5) COURSES: 1) N. 88°09'40" W. A DISTANCE OF 178.03 FEET; 2) S. 89°41'20" W. A DISTANCE OF 149.39 FEET; 3) S. 89°04'10" W. A DISTANCE OF 283.80 FEET; 4) S. 88044'28" W. 30.21 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; 5) 8.88°44'33" W. 511.81 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT 1300K 765 PAGE 933; THENCE LEAVING SAID FENCE AND NORTHERLY RIGHT OF WAY LINE N. 15°30'44" E. 192.83 FEET TO THE NORTHWEST CORNER OF SAID BOOK AND PAGE; THENCE S. 87°21'45" E. 227.54 FEET; THENCE N. 79°07'46" E. 120.81 FEET; THENCE 5. 84°37'27" E. 114.68 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 727; THENCE S. 83°21'34" E. 156.50 FEET; THENCE N. 82°04' 26" E. 266.62 FEET; THENCE N. 79°04'46" E. 220.50 FEET; THENCE N. 02°44'09" E. 115.26 FEET; THENCE N. 22009'51" E. 22.72 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 16; THENCE N. 00°10'33" W. 1411.61 FEET ALONG THE WESTERLY LINE OF SAID LOT 16 TO THE SOUTHWEST CORNER OF SAID LOT 13; THENCE N.00°10' 33" W. 680.44 FEET ALONG THE WESTERLY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 13, SAID POINT ALSO BEING THE POINT OF BEGINNING. ALSO KNOWN: LOT 4 (Remainder Parcel) of the Coffman Ranch subdivision Exemption North Parcel Plat, filed as Reception No. 663142. 0.15 acres 2.0 acres 0.5 acres 0.24 acres 0.27 acres Legend Floodway Boundary Flood Plain Contours Building Envelope 1 100 Year Flood Boundary per FEMA 500 Year Flood Boundary per FEMA Figure 2: Flood Plain Map For Lot 1 Coffman Subdivision Date: 6/03/2009 File: 965-2.0 Drawn by: RKM Approved by: MJE 0 50 100 1 in 100 ft 150 200 ft Liumrd RESOURCE ❑❑❑❑❑ ENGINEERING,INC 909 Colorado Avenue Glenwood Springs, CO 81601 (970) 9456777 Voice (970) 945.1137 Facsimile 1 Legend 1 100 Year Flood Boundary per FEMA 500 Year Flood Boundary per FEMA werfinallW Figure 1: Flood Plain Map Coffman Subdivision Date: 6/03/2009 File: 965-2.0 Drawn by: RKM Approved by: MJE S 0 400 800 1 in = 800 ft 1,200 1,500 ft .7 RESOURCE ENGINEERING,INC 963 Colorado Avenue Glenwood Springs, CO 61601 (970)945-6777 Voice (970) 945-1137 Facsimile A E� 1111111 1111111111111111 111111111111111111111111111111111 66DORE 8 of7 $ 21R/ 1366. O D 0.00 GRRFIELD/2004 08:28A 81648 4COUNTY1 M CO Agency, and/or other entity as may be qualified at the time to approve and conduct such work; The right to restore damage to the Property that may be caused by fire, flood, storm, earth movements, or acts beyond the Grantor's control; J The right, mutually with the Trust, to enforce against and prevent any prohibited action set forth herein on the Property against any individual or entity; K. The right to erect appropriate signage and fencing, upon review and approval of the Trust, indicating the presence of the Basement and the boundaries thereof; and Rights of access on, over and across the Property in a manner consistent with the L. �� p and the Conservation Values set forth maintenance and preservation of the Property herein. Rights_ Grantor reserves to itself and to its personal representatives, heirs, 6. Reserved ass from its ownership of the Property, including the right to successors, and assigns, all rights accruing all uses of the Property reside on the Property and to engage in, or permit or invite others to engagein, that are not prohibited herein and that are consistent with the purposes of this Easement, including the following rights: 10tnott0 exceed four and -one' -half (4 'A) acres in A. To separate from. the Property; on��l1 subject to the term of this size, together with a proportional amount of the Water Rights, sub "Lot A"). The remainder of the Property after such separation shall Easement (hereinafter �`Property" -and shall include all Dedicated Water hereinafter be called the Remainder Rights (as defined in Section 11 herein); ho>rnesite orAWA meted building B. To erect and maintain one (1) single-family and disturbance envelope (hereinafter "building envelope") not to exceed two (2) acresin,flee size; with a building footprint, inclusive of all structures, not to exceed_ six: thous and hundred (6,500) square feet. The location of the building envelope on Lot A is generally shown in Exhibit 8, herein; however, thefmal location of the building-envelopewirthin Lot A is subject to change so as to accommodate the most area outside of the 100 -year flood plain without Trust's prior approval. Grantor has the right to construct additional improvements in this building envelope accessory to the single-family residential use of to the agricultural use of the Property, including anthe Property or reasonably necessary dwellin unit garage, greenhouse, barn, shed; art and craft studio,. fence accessory �� ___...... ��� ardens orchards decks lawns roadmad athe>~ disturbances; C. Limited trimming of -vegetation in select areas outside of the building envelope on Lot•A mesite o the will be permitted to allow the creation of view planesfromes increase h ase the trisk of Roaring Fork River; provided, however that such trimming and minimizes destruction of wildlife habitat or other ecological Conservation V alues of Page 8 af 27 .RESOURCE ��, ; G I N E E R r N G f N G Physical and Legal Water Supply Sections 7-104, 7-105, and 7-106 Coffman Subdivision Preliminary Plan General June 2, 2009 Revised 7128109 Project Description approximately 159.1 acres into two lots. Lot The Coffman Subdivision proposes to divide app Y 1 will be 9.1 acres and have a single familycrdence, The onservat conservation ea cam ntg. 1TDe water supply acres in Lot 2 will remain undisturbed. Both lots are within a for Lot 1 will be from an individual well drilled on Lot 1. Legal Water Supply Well Permit No. 278933 was issued by'th elCl Colorado Division ivs s ionnd f Water RetoCRS 37-9or "Dougs Well" to be located on Lot 1. Thepermit 602(3)(b){11)(A) as the only well on a 35 plusthc� tract of exempt fror�nencumbers w ter rights approximately 20 acres of Lot 2. As , administration and a water allotment contract se infrom the up to3 Basalt 9 eter Conservancy family residential Dun ts, istrict is not required. The well permit allows for irrigation of up to one acre of lawn and garden, fire protection, and watering of domestic animals and livestock. Physical Water Supply A. Demand The demand for the proposed subdivision irrigation des in-house use of up to 10,000fsquarerfeelt of lawn family dwelling and an ADU, livestock watering, and garden. An ADU is conservatively included trucre may bein the ysis since requested ascparteafathis easement allows for an ADU and such subdivision submittal or a future land use application. The water demand is estimated at 100 gallons per capita per day for in-house use, 11 Thelons totalpwaer �er demand is animalay per calculatedat for livestock watering, and 2.1 acre feet per acre for irrigation. 1.42 acre feet per year and the annual 1. aldepll etion to the river system is well producing a long termQ.63 acre foot yield of at ea s 3 year as shown on the attached Tab gallons per minute is required to meet the demand. Consulting Engineers and Hydrologists Fax [97Dm 945-1137 909 Colorado Avenue Glenwood Springs. CO S'1 B01 [970) 945-6:77 B. Source Water Quantity An individual well will be drilled on Lot 1 to serve the project water demand. Lot 1 is located next to the Roaring Fork River and is underlain by ocal significant #t alluvial aquifer t side of hydraulically connected to the river. There are existing wells the proposed Lot 1 well drilled in the alluvial aquifer. These include Permit No. 60800-F (serves 3 lots in the Coffman Exemption) and Permit No. 50349-F (serves the Smith property). Both wells produce 15 gpm and provide an adequate supply of water. It is RESOURCE'S opinion that a well with adequate water quantity (more than 3 gpm) can be drilled on Lot 1. C. Source Water Quality There are no known water quality issues with the Roaring Fork alluvial aquiferin the vicinity of Lot 1. The Coffman Exemption well was tested and met all applicable water quality standards. It is RESOURCE'S opinion that a well with adequate water quality can be drilled on Lot 1. REECURCI TABLE 1 COFFMAN SUBDIVISION WATER DIVERSIONS AND DEPLETION REQUIREMENTS (All values in acre-feet) MONTH DIVERSIONS IN-HOUSE (1) DOMESTIC IRRIGATION (2) JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER L OTAL 0.067 0.061 0.067 0.064 0.067 0.064 0.067 0.067 0.064 0.067 0.064 0.067 0.000 0.000 0.000 0.022 0.112 0.139 0.133 0.081 0.074 0.026 0.000 f1 1R5 0.000 0.588 LIVESTOCK (3) TOTAL (4) IN-HOUSE (5) DEPLETIONS DOMESTIC IRRIGATION (6) 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.071 0.065 0.071 0.091 0.183 0.207 0.204 0.152 0.142 0.097 0.068 0.071 0.010 0.009 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.000 0.000 0.000 0.018 0.090 0.111 0.106 0.065 0.059 0.021 0.000 0.000 0.049 1.42 0.118 LIVESTOCK 0.470 (7) 0.004 0.004 0.004 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.004 0.004 0.044 TOTAL (8) 0.014 0.013 0.014 0.031 0.103 0.124 0.120 0.078 0.072 0.035 0.014 0.014 0.631 NOTES: (1) 1 Single Family Residential Unit @ 350 gal/day and 1 ADU @ 350 gpd . An ADU is included in the analysis since the conservation easement allows for an ADU and such structure may be requested in this preliminary plan application or a future land use application. (2) 0.23 acre Lawn irrigation @ 2.59 feet application rate (3) 4 Livestock @ 11 gpd (4) Column (1) + Column (2) + Column(3) (5) 15% in house C.U. for ISDS System (6) 80% of(2) is consumptively used. (7) 100% of (3) is consumptively used (8) Column (5) + Column (6) + Column(7) 7128/2009 RESOURCE ENGINEERING, INC RESOURCE ENGINEERING I N C Section 7-207 Stormwater Run -Off Coffman Subdivision Preliminary Plan General June 2, 2009 Revised 7/28/09 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9.1 acres and have a single family residence. nheasement. remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a co Applicability This section is not applicable to the Coffman Subdivision since there will be no development within 100 feet of the Roaring Fork River and the development on Lot 1 will create less than 10,000 square feet of imp ry s area. Consulting Engineers and Hydrologists 909 Colorado Avenue Glenwood Springs, CO 81 801 (970) 945-6777 Fax (9701945-1137 4; 3 '2 1 2/2 'In; 16„ro a, . 1/08: .k ��^yn v ✓� l •vu 4111 p -Cm ` 4.0”" 'K d`'"...dC� o-1 t.,_ �-..:-cj Q a. -4,.( t - aio o--- 4 - aZ 6_...... ,e4L.7, $,,-z a ,c,.e,- .0„-i,.,. 17,r- ------r ;1 i -o # 4.„-,:,t_c, ,2444±,,:i 1 c7 , g al 7 .5" # a-=--, ,,,_,s,.. 4-,4 0-i 7,1,_<, c_,,..r.., ,1,--:-c., 0-to-riet, '2 co -e_ o oZc LLfzd ll) 4 /t Ai.c-c 31. J j 42 S'7 !(i 1, L 1 _ Q . _ ei .420a P -C-- CLCieC ivezra L'".. 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Arse_ 3,6 ,a ,14:-...../.49+1e—/ 14:-../.49+ lw-.2,7 /a /. `P. adti 4, , � 4/.44 pia4,td 4 a .Li.�I_ 7,4 a.��� C�:� .�.0 /(.tas Y� FloJ//� 0.4 VSs.`..( ,Gi7/ Ar.,‘ tom/ /An.V Com[ .� %rw../ st,f �'�^^ e'-- S baJ- L �'.� ....... T� 'moi q.(�G ,‘ �c.ae-da.wv2- ,4O e.>44 y / �- e-<4. fri' Awe.- 11� +�-r-rC P.-, .n , in . 'J -t4 w� /8 8 v _ /�1 .1�e r / y // /a + u-• wq/ - 4".-A":"7`2 C � ' '<r Gu�u ���� ✓ iC d /iS Z.--4 2 r..? -4•Zze. ,4,e:88 Gt/, e 1.o ac -"0.q_ // .7 0 '� 1. ,� _ �_� .l.d�.- .�,_ 4 -dam, /7 - Q�,r .�. � �� oo= 4;o.o c >" y/y/e,-€117e yt�y��w �'�` b''�r-.%ILJ 7i(.Fo"�ac. /� •l-.r0/P.9.s.G.I.. �e�..�G. %6ne�� ate. o ;-‘1 ' c. N -. ,,,„.1-, i,,,, *.,,,,. c ;e,\- r IN\t ct. ea ,„& L ,,; a ti g'p, s,. ,', :X. ; I ': ' '411 1 s I 44 4 CPI ra r :I`° `i-, ''g t s ,? ',„- 1, .01 PI ! '.:a c, .,.4. ';' 1 f.i' v N Salo aiviaing fine, tine wnole o: the roan to oe uses ana mazntiai.nea aoint.y oetween the parties hereto gnd said 0berto and keep same in repair and such right runs to the leirs and assigns of -the parties herein mentioned. It above bings the in,entionmtoiconvey aereby said 1/2 interest in mato the property last forth and described in and by instrument recorded in Boos 888 at Page 7. Pa e x+15. filed for record June 6, 1927 at 2:2t4 o'clock P.M., in Book 152 g ?863 Warranty Deed. 5-214-27. C. W• VanVacter, a single man to Harry L. Morrow and tattle Morro,N, husband and wife. Ack.' on S.D., before Hazel L. Best, Notary Pary ublic, Tackson County, Missouri. Consideration 31.00. Conveys: The North 69lfeet s i,1�7,11do. Fand iledlforirecordkJun`e, in 6, 1 �d27, taatn3:10Rifle, o'clock P.M., Garfield inCounty, oo 152 at Page 419. W'634 _ Deed of Trust. 5-2$-27. Harry L. Morrow and Hattie Morrow, husband andf feldnd ife o Public Trustee. Aek. on 6-6-27, before Ada U. Hutchings, Notary Public, ;oanty, Colorado. Consideration $2200.00 Conveys: The North 690feet eetuof. Lots 9,10,11 and 12, in Block "M", in the town of Rifle, Colorado. In trust rs' note, -sayable to C.Y. Vanlacter, or order, 22 months after date, for the aggregate sum )f $2200.00, said sum of $2200.00, payable in monthly installments of $100.00 each, .ommencing 30 days after date of deed. Filed for record June 6, 1927 at 3:12 o'clock P.M.', in Book 151 at Page 132. )8635 C. Mortgage LLak Warranty Deed. 5-9-27/ Lynn Kennedy to Frank P. Carter. Ack. on S.D., before senvey W. Pittman, Notaryof Lot 15, Garfield Lots 16uand,17oinrBlock 2, nMurphy's�Addition to `thetow: The West 1/2a, a all general taxes for the the town of Rifle, Colorado. Said Carter to assume and pay rear 1927.1 2'� at 5:02 o'clock A•iE. , in Book 155 at Page 336. Filed for record June 7, 91 )86.7 Quit Claim Deed. 6-1-27. Alex Cuaz to The Board of County Commissioners of rarfield County, Colorado. Ack. on 6--6-27, before George Edinger, Notary Public,Garfie d ounty, Colorado. Consideration 31252.95. Conveys: A strip of land 60 feet in width for a road along the North side of the right-of-way SofwtheaD. &d R Lot .G. R ailroadonsp31,en Tp. 3ranch, in Lots 16 and 17, Section 36, Tp. 7, S.R. road 7, S.R. S W., except and a1l'a.s thelsame is shownlond rthead runningofsaid the as viewed zn June 16,1924, and containing 5.0117 36,n Tp. 7, S.R. rig W., to the present County Road at the said side of Lot lv, Section o-eTp. S.R. 7 w.6th P.M. Second party to the said ,road crossing in Lot 14 Section 31, 7, )uild 1000 feet of heavy woven wire fence, four feet high with gate, for ingress ani 3gress to road, posts for fence 12 feet apart to be good sound' cedar set two feet in Kround, blance of fence to be of standard 4 wire fence, not'less than 4 feet high, 12 Eget apart of same specifications as above. Culberts to carry water across right--of-way L5 inches ie " not than four crossings, rotake ate of waste twO places wheesameno*flowstowardsroad. Frst'patytohavehefitstcutting record gJJune providing construction off road has not been commence . Filed for sf hay on the Deededr7 1927 at 8.0 o' clock A.M. ; in Book 133 at Page 550. vi ?563S-2$63-. C. Mortgage 98P1 Warranty Deed. 5-24-27. John F. Bowen' and Gertrude Bowen, Edithand Studebaker Prank Bowen and James Bowen to Fred Bowet)and Verve Bowen. Ack. on 5-28-27, by Edith Studebaker and Frank Bowen, before G.C. Carlson, NotaryNotary BoonePCou Go County, Ack. on 5-31-27, by James Bowen, before John C. Hoff, pck. on 5-25-27, by John F. Bowen and Gertrude Bowen, before Ada Hutchings, Notary Public, Garfield County, Colorado. Consideration $25,000.0s . Conveys: conveyed:An undivided ?3/214 interest in aid- to: The t94SEi, excepting 23.1 by George F. Dailey to Daniel Blackman, by Warranty lso teed, datedSgeptemberti ., 5906, and recorded on said date �.n Book 64 at Page 559. W.. 'Lots 1 and 2 Section 1, Tp. 6, 5, S.R. 90 W.6th P:U.Lot i4 Section 6, Tp. o, S.R. 90 ;.R. 91 i7.6th P.M., excepting that part of the aforesaid lands which are included withi the right-of-way to tcnGtRailroad; together ditches, ,cd g be1Oggia to, onectedwith oruseduponnthe lands particular- lyabovedescribed including (ut without limitation of the preceding description), that certain intere (CONTINUED ON PAGE 18) Filed for record. 11.-rch 15, 1934 at 140 o'clock A. in Book 179 at Fags 11. i170 -2L 11100.2 C. W.ortgae-,es- `:.i-o'ii0 Trust Deed. 3-2-34. The Van -:,u.nay Realt7! Co:npany, a ,;olorado Cornore.ti n, thereui- to duly huthDrized .-.-:y the Board of Directors, who are owners of entire eital stock of io COr0Orn.t i On oy Joseph Bellis, Presider,t J.E. $iore11, S•-cretar-:. to Puolic Trustee• Ack-1-3k be.f or Rarry T. Sukef )rt Garf iela County , rs such ic rs of company. Conveys: T -e. o Sc nn rncl t :vad. the Sectio,', 3, in To. 7 S.R. 120 e.cres, more or less, tog -et ier 11tch wletecrr tsecreedcJ i er t r 3LECt- cied 1 + rs 1 t e tt tc De":itt Ditch ',ha 't rt th4-re-top ..r con:iecte6 S:=;,1 t reot an•fi to ",-.1-Foy-n.-,4.s: the ticwitt end ..ilD•n.'n tch cubic feet of7.-.eter "Drr 1.1..-te. • fti. ditch by f..)ree f deere• Fhb :,!'ntered in the Dtstrict C:.-)brt cov.4nty b -n Aulist 22, 19,-.`7 •-•nd -leo 1.Df th:F c it1 stock of the Battle:n- nt ti Bi. li Cor" y r.lso .75Cb1C feet ,Lf wr.kter 1rd:flute f time f ran the ndi•-ring ,:Few Iron: C.',re', together. vri n.11 interest in s,.,Ad O'Toole and '':`.eneinJew Ditches belon.-in7 tp. in any wey con...ented with the F ove recited 1.‘T`it:,7,:a of said Section nnd the VE'.1,:er ri ts%Ler ':•to. And .!'asi) rig-,hte in and to the '1 11 rises -bove oescribed ..)roD.rty that cnrries watel to the town :J.-1!f.:,r eor.tre.,-ti eF.d for r s f way for e 1� oioe 7.1so11 1nter4ast in t Riven S and Wes' -e Ditc Lfor snri:v' water fVQ t S.9..11" el B "•;.•::sson Rencn nnd from sorin.-,s ar•isinT on Df T. 7 r.,LQ 91sp "f -f -,-'.-4t Of "."7FeV alonv the cid wa7or. rbre 0 t uth side of 'CIE e.E,;!:7-:•:; of for nr, irrigatIon 4f:itch. Also inol-.:Oirn-r (But out li-titation of the foregDin;- b.escriotioninn.ny res:ect) any and all Ytorovertints e upon dr 1 ert3in1n7 to the :-Oc-re .:.escribed orsTises .sradt a.lso all 0.1',.;ces, r-ater nice lines, oriorities, reserv•;irs itC": ,w,ter 1 & line and/9r reser?:-.ir rits ir oelonin•!' to the 1P r.ds co Ye escri bed or s_lsed uoor, or ill connect to:: e.it`ner for do:nestie and/or irrigatio."4 our) s i tiC1'3Ci ng all rig'.:•1:S owned jry cleilned :•rt" of the first part to V -.e .:se of tater f: -am a 04LP -line to the town of Grend Oolordo whether such oiDe li.ne nse. Oe secured or cibimed 'by xxans of contr-ct or otherwise• o ekeeotions certin -moaid ta.xes efter Doc.f1119,08 has seen recorded for release whic• is fi 1130 trust J.eed .in .-)f second party. In trust to secv.re Grentorl 8 one certain oron.tecory n )te, pr..b1e to The First :::ational annk. Df Glenwood Sorl'v8, Colsr,..110, ti nL Bpnk1y4.2. c3rp0niti,..-,r1 on or Oefore ‘,Te9rs ter te for tne principal sum of 3 with interest at Der an um yable semi-annually and, sd. ri..te and the inter •st pa.yr.ble rt the First ,"!ational Bank of Glenwood Springs, vol lrado. Filed, for record Marcli,l5 -t 1:35 ;,lelockP in Book i at Pa.:te 20. Claim/Deed. -1*j-34. John Otten to14er:ran Evic'kson. .'i-15-7:11- before L. 1.:erlin :07 -den./ Coneibera'YLPri ,11."..)0. Conyers: North 25 fe,t of Lots 11, 12, id t'ne rt 25 feet of 'Nest 10 fe-t ..)f Lot 1, orth 3 feet of Lot 15 nrd rth 0 feet e '-ef.t.1.teet of Lot 1r.,, i1 1c 1. 3i: Town z -f Silt, o1 rpc.o, togeth.er it pilFiled for record !r.e:rch .1974 o'clock P.'1:• in 50'71k imorovezentsr. sit•-.1Pte t7.1ereon. 1 l7012 e. ri g• It of war, :CI -feet 7'1/ tlt, .f wry of,,,-7Jc,7-",61-7r:r6 i'-.n.d t;Tru Lo- 12, S.-ctin 35 S.R. 88 belonging to Leo Leo:dir,n-y. Contains 1. acres. Ans:yo throt F.h LOt 13, Secti: -.. 35 , Lat 15 Secton 36losing. 3751•4 acres. u, Caz contains 5.)117 acres in Lot 16 and Lot 17, Section 36, Lot 14 Section 31, T. 7S.. 77;. D. and R.G. Railroad contains .0287 acres. '41,'.ap of road_' viewed June 1 1324- by Frank. E. Sweet, Geore Blue and Se...-r.e Geis -1e, 7ieye1s or Garfield. County, Colorr.do Filed for record 'J.:arch 15, 1934- and is on file. 117013 Public 1.-',otice. i',Fitherine A. Lucas. PUBLIC IS !:-...ERES1-7 G'IVE11;1 t te undersi2:ned oenefioir_e d nortFagor, ia and by that certain ceed :•r-ast tereina.fter :nore clen.rly descrioed, have and 'nereby do, ex4.-.end said deed of trust and indebtedness sec-.Arer...). thereby, and renew and conti'aue in full fOrce end effect t-evIrne , the lien and notice t,f id•• .7ed of trust, the 71.0:Iii86,01'y ates secur-c, t'nexeby evidencing the indebtedness -.1p to and ineluoim February 3re, 1935. The snid deed of trust a.,.--riears f r:.• -cord in the :sftice of the Clerk and RE -corder of Gprfield. Courity, Colorado, Deli`nent O. 93212 in Book 11'4 on Pj.e 557 and was recor d NO Book 312 Reordeu at � 1°:45 o'clock. -h! - ......Y ... . s .. ....... ...9y. -.. ,� c ' Page 390 203497 Chas S. Keeran Recorder. r This DEED, Made this 17th day of pogersber In the year of our Lord one thousand nine hundred and fifty—eight 4 between ALBERT J. CEEIE and 0 SOLA B. cease of thr, County of Garfield and State of Colorado, of the first part, and R. A. COFFMAN and FLO H. COFFM .N co my of Carr lald of the i and 8t►te of Colorado, of the second part: WITNESSETH, That the baido� and Lht Lbla eenad Horatioirst ro for and in consideration of the sum u! Ten Dollars and other g part iseof the first rt In hand paid by the bald parties of the second part. the receipt whereof le h the said eipa { heroby confessed and acknowledged, ha 7e granted, har4sined,Bold and conveyed, heirs ry ands►valgnanf rarer, not i i nen, bargain, In c Gall,m nconveyutoand o joint Lena unto the saki parties d the "amid part, all the following described iota or parcel of land, situate, lying is tenancy In common but in joint }.saucy, County of Garfield and State of and being in the Colorado, to -wit: Lot 12, 13, 16 and 17, Section 3b, Township 7 South, Range 88 West of the Sixth Principal Meridian, and Lot 1.14 in Section 31, Township 7 South, Range 87 Weat of the Sixth Principal Meridian. Ilse Lote 21, 22 and 23 in Section i ° 11 36, Township 7 South, Range 88 Went of the <tthhs in88 west ipal Meridaer the Sixth as 1 Leta 1 and 2 in Section 1,''TeKnship 8 South} 3 Principal Meridian. Together with any and all water and water rights, ditch and ditch rights belonging to or used in connection with the above described , dpropertt,ed 3r particularly bet without citation on the foregoing, d te ▪ faar1 uherit h and�thee water right in te Union tln Ditch.and a like connectedd with said nterest two wo ditches,nthe 'khs SSlouggh Di sae being i.tuate in Hater District No. 38. Ala° all gracing rights and pririlegea on the Public Donain a+dniniarterod tinder the Taylor Oraaking Act for which the above described property is bays proper}?`. 4Z. t • The first parties, grantors herein, a epi and d reserveaan an undivided kind 5 fourth interest in And to all oil, g and description in, on or under the real property hereinabove described, 9 together with the right to enter upon and remove.caid mineral, upon g•psyieuit for surface dosage. TOGETHER with all and sinsnlar the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the acromion and reverelona, remainder and remainders, rants, imaaes and proflu thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part len of first part, either in law or equity, al, In and to the above bargained premises, with the hereditaments and appurtenances, ji o, T's&- A'Ragt•Al7Y nn8o—T. 94111,12.12M1'11 tAlf .1 Blanks. 7914+4 St... 9c, D...•rr, ate+ria Book- 312 Page 391 TO HAVE AND 'FO HOLD the said premises shove bar•,taincd and described, with the appurtenances, unto the snid parties of the second part, their hvirs rand aex1gns forever. And the geld pnrtie5 of the first part, for' the aeweli,`rheir heirs, executors, and admiulat store, do covenant, grant, berpsla and agree to and with the said parties et the second part, their heirs and assigns, that at the tines of the enaealing said delivery of thele presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute gad indefeasible estate of inheritance in law, In fee simple, and ha Te good right, full powerand lawful authority to grant, bargain, so11 and convey the same in Manner and form aforesaid, and that the same are tree and clear from x}I fonner and other grants, bargains. sales, llens, taxes, assessments and Incurabrsncee of whatever kind or nature,, aoever, eject however to remr°vatiorrs contained in patents and easements and rights of way for railroads, roads, utilities and ditches now in existence, end the 2bOVO bargair.r"d premises in he rluiet and parcestle po version of the said parties of the second part. their hairs end :assigns, against all and every person or parsons Lawfully cleft:dam or to claim the whale or say part thzreaf. the sold part tater the lint part shall cn1 will'7:ARRANT AND FOREt'k;R DEFErin, Sti WI'TN'ESS WHEREOF, the as Id part tett of ibo first part ha Ye hereunto set t.--teir hands end still " the lay and year first above written, Signed, Sealed and Delivered in the Presence of STATE 0? COLORADO. • County of 4 ARF IELD r- lastru+r.'nt was acknowledged before isle thin 17 Lb day of Neveali+eor 5.3. tea Tyr. ><ei• aLsler Je CMS' and CP$OIrk H. CERISE. 21k ', tee . ig 61. Witneds my hand and official noel: � � f �il1t Sa� expires 1Rtly. 29 - ' - t Sr '... ,.1" it t. �, ,� i f, x..ry �...__-. 2�— "M'>S-C....c, $ytarr milk. .....jfS,Air} 4t' lath. or 001.0.1 uU.elp or +.t attorn.yh. 4". •rr b ..Lard v`'wor ar t, 0 o1 her+ tine* io•l ar or ole 7 it by 110x00 ar hila o ; bi lrica. et euryarniaa. ki,.a lna.rl n.m. ai .1, .nom' :,•fin aaa.i 4i 'worm. a. .srcYbr, atWfh.r'9..l aeR Or other eaP•tlrr or gaertpU..; If trf n o[.iL•i n- *Wenn!, r nig r 1d.nt oe other errk art ar .ud, mspw'atlm,, a„ • o. oc. k217443 ROCKY MOUNTAIN NATURAL GAS COMPAN"1', INC. Garfield & Eagle Counties,Col.o. Roaring Fork Valley Project Scale 1" - 500' Tom Walker Registered Land Surveyor Drawn by W.E.P. Approved by S Map shows pipeline crossing ° Filed for record May 4, 1962 at at page 125 thereof. M A P Denver, Colorado Transmission Line Date 1/25/62 508 the land covered by this abstract. U Z • 0 0 0 W J u z 0 u GANF1 ELo COUNTY AISTRACT 10:00 o'clock A.M. in Road Book] 3 No . Doc#217443 r.r/s [ .. ess r750 1 '.1 1 *1I s. An - 4. I I O T 4.4.1 I 41 R/ML EiDilE URAM/UM r / /WNW CO. It 4.. F"OM 8t410. 9C3tiO ra sr,a• .#37.'29.2 ;y, i. .Mr4Y M4-ALiOI7✓ k r! M "1 itM 0 r . 9 4• 1 04, 32" "x) 1 T r s, F des kir V% *VAAtrOw:E ✓TAA//v/4I 0- Ali M.4,O ca ♦ F.t-'ta ail ,5 ,] ..S 7.0.07.1, r'o Sri .l. d W 7 `-s XXO-.rrati+r 3A. Jsa'ea r. 4.v. Jae. / CIJL7'/parr:co cot' P F t r • 1 ti / ROCKY MOUNTAI Den TRA Garfield and Ea Roaring Fork Scale lug 500 Drawn by W 7-. 7 S, A' 87 W of 2 T d S, B 7C7f- I 14 17RAL T Filed for record May 4, 1962 at 10:00 A. M., and filed in Road Boolk 3 at P NATURAL GAS COMPANY, INC. er, Colorado — — — — SMISSION LINE le Counties, Colorado Va13ey Project Tom Walker, Registered Land Surveyor, .E.F, 508 NCJ. 4/ (ti o'clock age 125 : f Dated 1/25/6 'Book 410 ge 34 Fy Recorded at 10:04 A.M. May 4, 1970 ".-3-2124-.C----- Reception "W__ U 14CyReception No. 246246 Ohas.S.Keegan,Recorder. RIGHT-OF-WAY EASEMENT The Undersigned Grantor (and each and all of them if more than one) for and in consid- eration ofF )ie)M CC —.Adz, 4a, $1 ) in hand paid by the Grantee, the receipt whereof is'hereby acknowledged, hereby grants, bargains and conveys unto The Mountain States Telephone and Telegraph Company, a Colorado corp- oration, 931 14th Street, Denver, Colorado, 80202, Grantee, its successors, assigns, lessees, licensees and agents a Right -of -Way Easement and the right to construct, operate, maintain and remove such communication and other facilities, from time to time, as said Grantee may require upon, over, under and across the following described land which the Grantor owns or in which the Grantor has any interest, to wit: A strip of land Five (5) feet in width on each side of a center line described as follows: Beginning at a point which bears North 62034' East a distance of 768.19 feet from the South Quarter Corner of Section 36 Township 7 South, of Range 88 West of the 6th Principal Meridian; thence North 86029' East a distance of 415 feet; thence North 82039' East a distance of 914.0 feet; thence North 74003' East a distance of 265.0 feet; thence South 75050' East a distance of 310.0 feet; thence South 89030' East a distance of 162.0 feet; thence North 60052' East a distance of 182.0 _feet; thence North 83002' East a distance of 251.5 feet; thence North 63014' East a distance of 129.5 feet; thence North 78021' East a distance of 147.0 feet; thence North 52036' East a distance of 60.0 feet; thence North 45003' East a distance of 159.01 feet; thence North 66005' East a distance of 379.0 feet; thence North 52030' East a distance of 183.0 feet; thence North 80033' East a distance of 70.0 feet; thence South 340433' East a distance of 17.0 feet to a point which bears due North a distance of 1110.0 feet from the Southeast Corner of said Section 36. situate in County of Garfield , State of Colorado TOGETHER with the right of ingress and egress over and across the lands of the Grantor to and from the above-described property, the right to clear and keep cleared all trees and other obstructions as may be necessary and the right to permit other utility com- panies to use the right of way jointly with Grantee for their -utility purposes. The Grantor reserves the right to occupy, use, and cultivate said property for all pur- poses not inconsistent with the righta herein granted. Signed and delivered this day of AT STATE OF COLORADO County of 3f Be. The foregoing inatrument was acknowledge , 192z1_, by , A.D., 19 _.f Properly Owner his C 725'd . day of WITNESS my hand and offic al `eal. My commission expires .44r , M.S.T. F. T. CO. R/W NUMQER QUARTER SECTION SECTFON TOWNSHIP RANGE R EM ARRS: ro'erty 0 Public SPACE RESERVED FOR RECORDER'S CERTIFICATE 3t 7 3 w JOB p NUMBER c _ e.. 5"60 MAIL TO. MOUNTAIN STATS TELEPHONE AND TELEGRAPH 00. s � I j. 3oo< 4:,5 Page 98 Recorded. at 10:14 A.M. November 19, 1970 Reception No. 248174 • Chas .8.Keegan ,Re1 or d er . R/w -4lAY EASv?.:;:RT and ea�ch7and el4.of them if rna�b' hean^ n i for and in consideration oft 71,. :, cc si,s+tied Cron:or {l. ' r fi• .'sellers (;//'i/•", --•f-) i4 hand paid by the Grantee, :ne ai � Awes rezei.t whereof is hereby acknowledged, hereby grants, bargains and convoys unto The Mountain el,;+;;:a;:; ereTelegraph Corap�ry, a Colorado corporation, 931 iE3!•.:+:raet,� 'rn�aserwc•:+t and the right Grantee, :.s successors, assigns, lessees, livens. -es end agents a Right•of• cy c r - t to construct, operate, maintain and remove such conmunicotion and other facilities, irarn time to as said Grantee may require upon, over, under and ocrass the following described lend which the Gron;or owns or in which she Grantor Mas any interest, to wife A strife of land Eight (8) feet in width on tweet side of n Center Line described as follows: Beginning at a point tshich 1251.93 feet from the South Quarter Corner of bases N.45°30'14. a distance of Meridian; Sectio: 36, Township 7 South, oftRance 8N8 West o ,t a 60hfPrincipalr.ceridi2o; thence 5.33°341E., 378.0 feet; 33'E., 678.1 feet; thence N.52°421E., 65.0 feet; thence 5.72°58'E., 66.0 feet; thence :.81°12'E., 969.9 feet; thence N.81°41'E., 786.0 feet; thence N.75°04'E•, 132.0 feet; thence N.67°21 TE., 200.0 feet; thence N.81°271E., 79.0 feet to a point in which bears i4.66°10'E., a distance of 3476.1 feet from the South Quarter Corner of said Section 36. r: c Colorado situate in away of Gar.�eld , S tate a, •- ' with the right of ingress and egress over and across the {ands afire Grantor to and from the obava•drscribed property, the right to clear end keep cleared a!1 trees and other obstructions w th Grantee for be necessary and the right to permit other utility companies to use the right of way their utility ;.ureases. The Grantor res.:;ves he Sight to occupy, use, and cultivate sold prapa.iy for all purposes not inconsistent with the rights heroin granted. ea of__.--..--, A (., 34 ?linea and delivered this day0 z`. • r; . --41 5 . _,.. ST:.`«Ga' CGL G ;a:i;; ell r,'/-Zl.31_.'it ss. County o. The foregoing instrument was�echeawiedged be;cre ale 6is Y. t. 4zt co. ,/e. C•,. y.7 -or >,r. r1 r! c,aL.oftrciol s cl/ / c; rtp C:+rust day of// -47/0. -C./ - • J , .-C /ct —+/'-.:1,I �.• ✓ I"ia}pry r'yb'ilC EMAS" S ',SPACE RESERVED FOR RECORDER'S CERTIFICATE CU•.STc'R SECTION Syt"i ICN =! Ivti iYC' RASCE CWAL ...NOE i F- .r, :ri . '.-14...'-- t_ I., . . t•? •,C rr• Isze sGv q ` 9/ f74,0 TELEPHONE AND T%=E;,RA't'. CO. Recorded at —1 r o'clock • . Lt. U'T 2 9 1973 Reception Xfo. 260 189 Elia Stephens. Recorder RIGHT-OF-WAY EASEMENT 8UuK451 PAGE 26 1 p,w 15902 The Undersigned Grantor (and each and all of them if more than h non)00 for and ir o in hand consideration aid y the Grantee the Thousand Five Hundred dollars (S receipt whereof is hereby acknowledged. hereby grants, bargains and conveys unto The Mountain States iielepftone and Telegraph Company, o Colorado corporation, 931 14th Street, Denver, Colorado, 80202, TGrantee, its successors, assigns, lessees, licensees and ogents a Right -o .Way Easement rind the right ID construct, operate, maintain and remove such communication and other facilities, from time to time, os said Grantee :... y require upon, ever, under and across the following described fond which the Grantor owin or in which the Grantor has any interest, to wit: A strip of land Eight (8) feet width on each side of a center line described as follows: Begin- ning at a point which bears North 45a 15' West, a distance of 1246.09 feet from the South Quarter Corner of Section 36, Township 7 South, of Range 88 West of .the 6th Principal Merdian; thence North 0° 30' East, 2440.0 feet to a point which bears North 14° 36' West, a distance of 3427.82 feet from the said South Quarter Corner. situate th of GarfIPld , State cf Cnl nrrarin _• TOGETHER with the right of ingress and egress over and across the fonds of rhe Grantor to and from the above-described properly, the right to clear a,d keegpcleared xtr �aH tress andother obstructionsleasmay ttent cl t n ec es s pry. �j ?rr't�ii Kt67¢"�[ ia�XdtlY�X1d�1 xlmitx Ovintpsrxx Thr Grantor reserves the right to occupy, use, and cultivate said property for all purposes not inconsistent with the rights herein granted. r do �'� Signed and delivered this �.�----- y of , A.D., 1991 At— STATE OF COLORADO County ge[ic-L D The foregoing instrum'�e��yr+as oc no+vfedge �eforeme this , 19.�L�by fT ur ESS ,hdrkentnd o to — 44 comnti's sitar errplre:s tip = ` `' \Ari ' n Or .(0.•••••0 &S -T. & T. CO. RIIw HOMIER QUARTER SECTION SECTION TOWNSHIP RANCE PRINCIPAL MERIDIAN UCHANGE REMARKS: �IE TOLL LIN LEAD CODE, EuRIED CARLE OR CDNDLIT JOE NOME day a �! :![f i[' Notary Public MAIL TO MOUNTAIN STATES TELEPHONE AMD TELEGRAPH CO.. SPACE. RESERVED FOR RECORDER'S GERTIFICAT ti 2 i l r.'cio_!: 7J,. i IAIR i 1 1CiS1 Recep1;01 No. 1,,ILDRt1) A DORF, RECORDER HOLY 'CROSS—ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT 56 PscE11-3 KNOW ALL MEN BY THESE PRESENTS, that the undersigned, REX A. COFFMAN and JOANN G. COFFMAN (hereinafter called "Grantors") for a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation whose post office address is P.O. Drawer 250, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantors, situate in the County of Garfield, State of Colorado, described as follows: A parcel of land situate in Section 36, Township 7 South, Range 88 West of the 6th P.M. as more fully described in Book 364, Page 109 and Book 532, Pages 778-779 of the Garfield County Courthouse, Glenwood Springs, Colorado. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon an easement described as follows: An easement twenty (20) feet in width, the centerline for said easement being an overhead power line as constructed, the approxi- mate location of which upon the above described property is shown on Exhibit_A, attached hereto and r„ade a part hereof by reference. Additional poles and/or guy wires with anchors and associated equipment may be placed in said easement as required at a later date. And, in addition, Grantors hereby grant to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right tc cut trees, even though outside of said easement, which are tall enough to strike the wires in failing,. Grantors agree that all poles, wire and other facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantors covenant that they are the owners of the above described lands, and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right--of-way and easement, together with all and singular the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantors have caused these presents to be duly executed on this ? Y day of t ru , 1981. Rex A. Coffman Joann G. (!CAL STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) IY The f r going instrument was acknowletged before me this rl.Er day of , 1981 by REX A. COFFMAN and JOANN G. COFFMAN. :;,•''` VITNES 'my hand and official seal. cdm?rssion expires: Qi.. , c )via 7 r t� tS] : cr ,,„n„•(vh481-8294:65-36:f;tronq Bros Lumber:2-18-81) tary Public D,&R.G.W. RAILROAD EXISTING HOLY CROSS ELECTRIC. POWER LINE 1 3 TlS, R88W, 536 GARFIELD COUNTY COUNTY ROAD NO. 100 x HOUSE ADDRESS 1837 COUNTY RD 0144 New Holy Cross Electric Power Line x N APPROXIMATE SCALE 1"• 100' 1 a Bou 567 F/711 EXISTING HOLY CROSS ELECTRIC POLE AND POWER LINE NEW HOLY CROSS ELECTRIC POLE AND POWER LINE GUY WIRE WITH ANCHOR • FENCE D.&R.G.W. RAILROAD MILE POST NO. 375 cTomin none k tIunrn ennlnn r. . ,t STATE. OF coLAr.ADo County of CarRaid dmx 5S7 ?VA 952 Record=d at ,q.+171-3 iQ M. DEC 10 19&1 Reception No. 322424 MILDRED AISDORF, RECORDER e ular At e.....,...r...�._._._. ..» ..._ _.._ .............meeunqvi chs Boyd of Count? Commissioners for Garfield County. Colorado, at #b Court florae In Clsnraod Springs on »...._ .._ ad V , tSe.......8.�».__._...___.day of December 7 ....�............ .._,..__ ...,.. A. D. 19..._ ...»4., , them wve present: Lar VeLas ' �'.„_,,.._ q:?,1't'r.?R.__..._�._...._,......._.. , comrnlssinnc Chairman Flay.en 4 .»...c.;E?. g._.____.__.____. , commissiowr ERR ne Dr plchouAle.... ___ _. C imi .« —48t1:70:- FihOdes .. __.„.. . c0ILtYAttorney Leanne Clelsold DePus.Y____----. Clerk of rho Board when die following pcooeedLvp, among cabal worn had and dm*. to.wlt: RESOLUTION NO. 81-366 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE SUBDIVISION REGULATIONS OF GARFLELD COMM WHEREAS, Rex and JoAnn Coffman have petitioned the Board of County Ccsmissianern of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision” and "subdivided land" under C.H.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d).and 3.02.01 for the division of'a 290 acre tract described as follows: that parcel of land as described iv Document No. as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately .3 and 289.7 acres each, more or less, which proposed divided tracts are more particularly des- cribed as follows: TRACT A: A tract of land situated in Lot 16 of Section 36, Township 7 South, Range 88 hest of the 6th Principal Meridian, Garfield County, Colorado, lying northerly of and adjacent to the Northerly right-of-way line of County Road 100 and being more particularly described as follows: Beginning at a point on the Northerly right-of-way fence of said County Road 100 whence a rebar and cap found in place and properly marked for the W1.tttess Corner to the S1 Corner of Section 35, Township 7 South, Range 88 West of the 6th Principal Meridian bears S.87°15'21"W. 4478.27 feet; thence E._sterly along the Northerly right- of-way fence of said County Road 100 for 100.00 feet; thence N.01'21'30"d. 130.00 feet; thence Westerly and parallel to the Northerly right-of-way fence of said County Road 100 for 100.00 feet to a point on a fence as constructed and in place; ther.e 5.01'21'30"W. 130.00 feet along said fence to the point of beginning, containing 0.30 acr^ More or less. TRACT 8: The remaining approximately 289 acres. the State of Colorado and County of Garfield); and (in WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the split is solely for the purposes of adjusting property boundaries, and WEEREAS, the Petitioners have demonstrated to'the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield. and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, .a rr; • Ba,( 537 P:GE953 NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "Bl" from the above described 290 acre tract is hereby exempted from such definitions and said tract ray be divided into tracts "A".and "B" all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is" granted on the condition and With the express understanding and agreement of the Petitioners that no further exemption: be allowed on said tract "A" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution, and further, that no new lots are created by this action, and no building permits will be issued for the .3 acre parcel. ATTEST: i/1e d /4-`w,91— uty Clerk of the Board BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Chairman Upon =don duly made and seconded the foregoing Resolution was adopted by the following °rote: Flaven J. Ceris.A e ............ .. _ .. ». ye Eugene Elrnkhouse_ STATE OF COLORADO County of Gai11 Id Comaniuioverr 1, , County Clerk end ex-ofrkio Clerk of the fiend of County Cemrnisoonen In and foe the County and Siam aforesaid do hereby certify that he annexed and foregoing Order if truly copied from the Records of the Proceedings of he Board of County Commissioners for rvd Garfield County, now in my office. RI WITNESS WHEREOF. [furs hereunto set mY ]rand and affixed the real of said County, at Glenwood. Springs, rlrfa day of .... ,,_..... _ . Couafy Clerk and sera'ficio perk of the Board of County Commissioners Isi11.10521111.11/iligleg.1211.11.3..11.1PARIPPL11,1,11.1RIP AGREEMENT FOR EASEMENT Rex & Joann Coffman , OF IT IS AGREED between Carbondale, Colorado (herein called "Grantor"), and AT&T Broadband of Colorado, LLC, (herein called "Grantee"): I. The Grantor herby grants unto the Grantee the right to go upon and Across the following described property: A parcel of land situated in Section 36, Township 7 South, Range 88 West and Section 31, Township 7 South, Range 87 West, of the 6th P.M. as more described in book 532, Pages 778 through 779 of the Garfield County Courthouse, Glenwood Springs, Colorado For the purpose of installing and maintaining CATV equipment. 2.It is understood that the cable shall be placed on the existing Holy Cross Energy pole line. DATED -- 2 1 - 6 Z - Rem Alo eise.d /1-r4T ,re0A60d itv4 a uv a Ave (LFN'Qv clog J.-, Gss Com, 81401 By GRANT R attachment - 1 11I111111111111111111111111111111111111111 11111 1111 liil 604838 06/08/2002 O3:30P 01311 P75 M 2 of 2 R 10.00 D 0.08 GARFIELD COUNTY CO STAT OF COLORADO ) County of P]"jWAi ) ss. alb day of The foregoing instrument was acknowledged before me this 2002 by Rex & Joann Coffman ___-All_______-___ , WITNESS my hand and official seal. My commission expires: Cs/ STATE OF COLORADO County of ss. Notary Public Address 31T7�C n 1_ The foregoing instrument was acknowledged bb]efore me this LLL____ day of 2002 by WITNESS my hand and official seal. My commission expires Attachment - 2 Notary"Public Address t,N ,) cuo lJ 511 z i4 55 1 115oi1 8 4111 glig' �j!� it itilii € iiiii 9 1!i . PIipt ai �3 3py6i hill 4 Sia 4iiii�1. 1 W1i;i3i1�I g 1111I l li l � 51Vii!i ji 1 ill 111'11 1 111111 i1liJiIJ11it1I IWI i PREPARED FOR: REX of JOANN COFFWI.lN MST Co. Rd ,f /00 Carbondale, Co. 816718 bowing new. rnorsombab, COW lb ,iw7ber : �iyeFt"r dwn by DOIe: w.o n rw sheet 71a. t OF SCARROW & WALKER INCORPORATED Rcgi.aesrd Gaud Surveyors a+d CaQoae Avert. a.ewm wine. CSCerode .ieor [J70) 943-Ibb64 en • 00'00.46 tiw 01'08'38" K 1276.54 5 01.04'1.7" E 4309.93' 5 100'33' W Ns ! PREPARED FOR: REX d' JOANN COFFh14N /8y7 Cc. Rd ,f 100 Carbondale, Co. 8f&'S fd num6 L' -w Gourd Il. nunk., ; •,•••l"• Munn by Ocie: 411..r ..: shed 110. 2 OF 2 716.86' �.. SCARROV A• BALKER IHCORPOR4 TEE Regislerrd land San+ryors 6�4 Co d. A..... 6....66 Sprrs• Ca w alam rorol 445-5664 111111111111MUNI 11111111111111111111111111111111 1333906 08/12/2003 11:15A 01504 P481 M ALSDORF 1 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting ofthe Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County Plaza Building, in Glenwood Springs on, Monday, the 10'"day of November A.D. 2002, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Walt Stowe _ , Commissioner Don DeFord County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. Inn 3--60 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR REX AND JOANN COFFMAN WHEREAS, Rex and .JoAnn Coffman petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 153 acre tract as described in Book 1189, Pages 263-265, at Reception No. 564030, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into four (4) tracts of approximately 4.29, 4.29, 4.29 and 140.10 acres each with the exemption parcels more practically as follows: Parcel 1 See Parcel Description Attached Parcel 2 See Parcel Description Attached Parcel 3 See Parcel Description Attached Parcel 4 See Parcel Description Attached (in the State of Colorado and the County of Garfield) and 1 1111111 IN 111111 111 111111111 11111111 11111 HAL 533908 08/1212003 11:15A B1504 P482 2 of 7 R 0.00 D 0,00 GARFIELD COUNTY CO WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of providing a adequate source of water to each of said parcels, that there will be adequate ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and NOW THEREFORE, BE IT RESOLVED that the division of the above described approximately 153 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the "Parcel 1", "Parcel 2", "Parcel 3" and "Parcel 4" of the Coffman, as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 11th day of August, A.D. 2003 e...,, 1 J� 'r `411. • J ' •. ' • (ti ` U.' !•: 0 . Y ,- :i . 1--.-7 © - ,� 'of. the : oard•'C` , !� i. Ji: kipmp,biadri'duly made and seconded the foreg ing Resolu was adop d by the following vote: C OMNII S SIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER LARRY - MCCSIWN - , Aye C i MMI TONER TRE I H $ r , GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY COLORADO 1531319101151101161211/112100131111111115111811111501141111418113111111101111 3 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this _ day of , A.A. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 1 11 1111 11111 111111 11111 1111 111111 111 1111 1111 1111 633906 08/12/2003 11;15A 81504 P484 M ALSDORF 4 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO A PARCEL. OF LAW � 88D IN VY�IT<'��TM�� � ND 23, ascmoN �7SOUTH MORE PAFITICULAPLY DESCRIBED A8 FOLLOWS' BEGIOIdo AT A POINT ON THE 8O JDi LINE OF SAD LOT 23 F9906.4 Vil-ICHTHE 80/3 A'ST come O } LOT 23 ALSO 1111140 THE sot" V4 COW I Or SAD SECTION 38 KAM 81,24181E. A DISTANCE OF 72L04 I'!i; TAME LEA 1G SAID SOUTH UNE M tO0 t A DIST* 4F Sl'IAt7 t OF 8.01314'00141. A DANC C 31.78 Fin �''N. 52.00 PEE' E N.7014' O0"N. A DIETAVh10E OF 7h MET' MIME N,0010003'W. A DISTANCE OF 1021 FEET TO A POKt oN THE sORTH LitiE OF SAID LOT 23►" THENCE LEAVING SAID NORTH LTTE 0403,11'00S A ItilliThiCe OI 13.17 MET TO A PONT ON THE SLY RIGHT-OF-WAY IJ(E OF THE I D9 AtD RIO (A1C VAISTWIN MSL ROAD 1111124CE ALCM SAO B01./Tk-ERLY Lae N fM'O0'1E. A MANCE OF WAS min THOM LEAN SAID SOUTHERLY �{LI S.C�7"29�'S . A DISTANCE 01 744.10 RS T TO A PC1141T ON THE OOU T H H LP or SAD LOT � 231 �24 MSR . AL CM SAD BOUTH LAVE A DISTANCE OF 22790 FEET TO THE; POINT OF BEGDNIKL SAID PARCEL CONTAINING 4.203 ACR93, MORE OR LES. 11111111101 111111 1111111111111111111.11 III 1111111111111 533906 08/12/2003 1.1:15A 81504 P485 M ALSDORF 5 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO EIMECELE A PARCEL OF LAS SITUATED IN ooVffMEHT LOTS 10 AND 23, SECTION 36, TOWNSHP 7 SOUTH, RANCE 88 WEST OF 11-E SIXTH PAPAL MERIDIAN PARTICULARLY LY DESOFfSED AS FoLLO'1 BEGINNM AT THE SOUTH 1/4 CORNER OF � �� QST CORNER OF SAID LOT 23 MOM � BEING SATO 1/4 CORNER SEAM NORTH A INSTANCE OF 3114AO MET; TI-IENCE Na 24321V. ALONG T1 -E SOUTH LAZE CF SAO LOT 23 A DISTANCE OF 247.04 PEED THENCE LEAVING SAID SOUTH UNE N.00111118"W. A DISTANCE OF 751.112 FEET'TO A POINT ON THE SOLMEFLY11110/41"-OF--WAY UNE OF TI -E DENVER AND RIO GRAND WESTERN RAIL ROAD T ALONG SA33SOUTHERLY UNE YUNE lam? 1) DISTANCE OF 7.92 FE CONTINUING NUING ALONG A CURVE TO TI -IE LEFT HAVNQ A RAMS OF S 75.7$ FEET, DELTAANC4-E i OF 0210'58', ARC INSTANCE OF 23939 FEEr AND A CHORD SEARING OF N.8749119'E. FOR 239.17 FEET; THENCE LEAVING SAID SOUTHEPLY UNE s.0a29'56'E. A DISTANCE OF 753.5g FEET TO THE PONT OF BECINNING SAID PARCEL CONTAINING 4.293 ACRES, MORE OR LE€3S. 1 IIIII11111111101111111111111111111111111 ill 11111111 633906 08/12/2083 11:15A B1504 P486 M ALSDDRF 6 of 7 R 0.00 0 0.00 GARFiELD COUNTY CO FIKAPERTY DE9ORIPTON ?meet. 4 A PARCEL OF LAND STTUATED N1 OOYErNmerT Lona is AND 23, BECTfON 3s, TOWNSHIP 7 EOUTH, RANGE $2 T OF 111E E O(Th PIRINCPAL MERIDIAN SENO MORE PAY mama) A>8 F OLLOWEl: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 23 PROM WPI TI -E WWI -EAST CORNER OF SAC LOT 23 ALSO BEM THE 80(fTH 1/4 CORNER OF SAD SECTION 3. BEARS 8.M'24 32'E A DISTANCE OF 247.04 Pen TI-1ENCE NB724'32'W. AL.ONQ SAD SOUGH LSE A DISTANCE OF 23001 FEET; THENCE LEAVING SAID SOUTH UNE N.00*2$ 5rW. A DISTANCE OF 744.33 FEET TO A PONT ON 11-E SOUTHERLY F cIHT-CIF--WAY L E OF 111E DENVER AND RIO GRAFC WESTERN RAL ROAD THENCE ALONG SAID SOUTHERLY LWE N;8f5Si0I'E. A DISTANCE OF MPS FEET; THENCE LEAVING SAID SOUTHEPILY LINE S.0028'58 E. A DISTANCE OF 76t$2 FEET TO THE POINT OF N $AJD FARCE_ CONTANNC 4293 AcRB3, MORE Ofi LESS 111 III 6339111\ 533906 0$!12!2003 11,15A Bis04 P487 7 of 7 R 0.00 0 0.00 GARF IELD COUNTY CO A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 21, 22 AND PORPOINS OF 16 BS WEST OF THE SIXTH 17, PANDRINCIPAL 253, 1101' CA �C)F LO5'OT T14 ffi�EC 10N 31, QWN P 7 H RANGE 87 AL �, LOTS 1 AND 2, SECTION TO OF lAesT 0806 WEST OF THE SWTH SAL MERIDIAN BEING MORE PAI 'flCUL ABLY DESCRIBED AS FOL LCAS* BEGIN4NGATTHE II4COWER THE vorroiess COMERTO SAD 1/4 COMM SEARS NOMY 396. ROW OF Th OF T4 COMMM.783 THENCE FEET,TOAIF40 GRAM) 91P ALONGAI.A0AiD; THEWS SAID tb2401411FLY VING A RAW/ Or 6275.78 pI,3I-R' OF WAY AND &UMq A CtOE TO � OF � 1�,7 'I.� A CHORDlei, A DELTA ANGLE OF� AN � OF x.48 FEET;f Eft OF NA 'Z5'E AND A � C XT J C'.E TWICE COtifIMINO ALONG $AD P„Y MKT OF WAY 14022' 'E 211166116 ALONGTO A Nitri ON ME EAST ! OF SAO LOT 14 1 WA EAST LIl 431.6 PET, TO THE O c ' s AiD LOTTHE gAi'iN. ALONG THE SOUTH $& ALSO DE MOOP SAID T'1 M2.04 POET, OF L> OF E 11 MONO THE EAST LW€ 6 8A&7 LOT�� � ��• OF 8►+4D � 71006 FIEJO TP N� COMM OF SAID SECTION 1, ALD 1 1a TI-E NORTICAIrrcortert OF SOO LOT s.Qr04°17 E ALONG THE EAST LAE OF EJB] LOT 1,,1'". 20 PT, TO TFE BOUThAST C0 OF SAID LOT i -niece 5.11,20'32'W. ALONG TE SOUTH LIQ OF BAD LOT 1 AID 1 ��� PfEt ONG 11-E ��� SOUTHWEST �R OF BAD LOT 2; THENCE OF 8AD LOT 2127054 FST TO THE POINT OF SAID FARM- CONTAINING MOM ACREE4 MORE OR LE 11,111111111111111ERRE 111111111111111111111111111 643445 12/1912003 03:14P 81348 P734 M ALSDORF 1 of 28 R 141.0@ D 0.00 GARFIELD COUNTY CO Northeast Coffman Ranch DEED OF CONSERVATION EASEMENT IN GROSS THIS DEED OF PERPETUAL CONSERVATION EASEMENT in gross is granted this 1$4day of ccalbcr , 2003, by REX A. and JOANN G. COFFMAN ("Grantor"), to and for the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, having an address at 320 Main Street, Suite 204, Carbondale, Colorado 81623, (the "Trust")(collectively, the "Parties"), Exhibit A: Legal Description of North Parcel Exhibit B: Map of Property Exhibit C: Water Rights Description Exhibit D: Survey of View Planes from Lot A to Roaring Fork River (to be added) RECITALS WHEREAS, Grantor is the sole owner in fee simple of certain real property in Garfield County, State of Colorado, more particularly described in Exhibit A and Exhibit B (hereinafter the "Property"). The Property is comprised of approximately 38 acres of land and certain water rights. The term "Property" shall hereinafter be defined as the land and the water rights combined, and the term "Water Rights" shall refer solely to the water rights described in Section 11 and Exhibit C herein; WHEREAS, the Property possesses natural, scenic, open space, wildlife, riparian, wetland and agricultural values that are worthy of preservation (collectively, "Conservation Values"), as defined in C.R.S.§ 38-30.5-101 et seq., of great importance to the Grantor, the Trust, the people of Garfield County, and the people of the State of Colorado; WHEREAS, in particular, the Property has unique characteristics as irrigated farm and grazing land representative of the agricultural heritage of the Roaring Fork Valley, including wildlife and wetland habitats, and riparian corridors along the Roaring Fork River which contribute to a biologically diverse ecosystem which includes various species of birds, mammals, reptiles, insects, fish and plants set against a scenic backdrop dominated by view plains of the surrounding Roaring Fork Valley ridgelines and the Roaring Fork River; WHEREAS, the Property lies within a scenic corridor at the historic entrance to the Town of Carbondale, where recent development in the vicinity of the Property and the Town of Carbondale threaten to degrade the biological integrity as well as the rural and scenic character of the Property and surrounding area; WHEREAS, the specific Conservation Values of the Property will be documented in an inventory of relevant features of the Property kept on file at the office of the Trust ("Baseline l'111111111111111111$111111111111M11111111,111643445 12/1913 03:14P 81548 P735 M ALSDt1RF Z of 2t3 R 141..0 @0 4 0.00 GRRFIELD ggtnliY CO Documentation"), which consists of reports, maps, aerial and ground photographs, and other documentation that the Parties agree provide, collectively, an accurate representation of the Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant; WHEREAS, Grantor intends that the Conservation Values of the Property be preserved and maintained by the continuation of land use patterns on the Property existing at the time of this grant, including, without limitation, those relating to agricultural purposes and the active irrigation of the land for the production of hay and pasture grasses to be consumed by livestock grazing and corralled on the land, which uses the Trust acknowledges and agrees do not significantly impair or interfere with the Conservation Values; WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to preserve and protect the Conservation Values of the Property in perpetuity; WHEREAS, 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 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and is a publicly supported organization as described in Section 170(b)(1)(A) of the Code, whose primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of the 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 "qualified organization" to do so within the meaning of Section 170(11)(3) of the Code; WHEREAS, the people of the State of Colorado have recognized the importance of private efforts toward the preservation of natural systems in the State by the enactment of C.R.S. 38.30.5- 101 et seq.; and WHEREAS, the people of Garfield County and the Town of Carbondale have expressed the importance of protecting and conserving agricultural lands, open space, and scenic vistas through passage of a Garfield County Comprehensive Plan of 2000 and a Town of Carbondale Three Mile Area Plan of 2000; and WHEREAS, the Board of Directors of the Trust has duly adopted a resolution approving the Trust's execution and acceptance of Conservation Easements. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, and in particular C.R.S. 38-30.5-101 et seq., Grantor hereby voluntarily grants, assigns, and conveys to the Trust, its successors and assigns, a Conservation Easement in Gross in perpetuity, consisting of the rights and restrictions enumerated herein, over and across the Property (the "Easement"). This Grant of Conservation Easement shall be subject to prior reservations, easements, encumbrances, and exceptions of record related to the property, except as otherwise set forth herein. Northeast Codman Ranch Conservation Easement Page 2 1111111111 ll 111111 1111111111 llllll 1111111111111111it 11 34of4281R/19/200141.00a000.00PGARF IELD7COUNTYLCO 3 1. Purposes. The purposes of this Easement are to assure that the Property will remain forever predominantly in its agricultural, scenic, natural and open space condition, subject to the uses of the Property permitted hereunder, and to prevent any use of the Property that will significantly impair or interfere with the Conservation Values of the Property and, in the event of their degradation or destruction, to restore such Conservation Values of the Property. Grantor intends that this Easement will confine the use of the Property to such activities, including, without lent imitation, those involving ranching, farming, and general conservation purposes, itrp 5 as are th the purposes of this Easement. Pursuantverted or drectedsto anyu es other0than those provided herein. preserved hereby may not be con 2. Baseline Documentation. The Parties acknowledge that Suzanne Fusaro, a person familiar with Conservation Easements, the Property, and its environs, has prepared a primary Baseline Documentation of the Property. The Baseline Documentation has been reviewed and approved by the Trust and the Grantor as an accurate representation of the biological and physical condition of the Property at the time of this grant. Grantor will retain a copy of the Baseline Documentation for its records and a copy of the Baseline Documentation will be on file with the Trust. 3. Rights of Trust. To accomplish the purposes set forth herein for this Easement, Grantor conveys the following rights to the Trust, with such rights to be exercised subject to Trust's reasonable judgment: A. The right to identify, preserve, and protect the Conservation Values of the Property in perpetuity; B. 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; provided that such entry shall be upon twenty-four hour prior notice to Grantor, and shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property, and except that no such notice shall be required in the event the Trust reasonably believes that immediate entry upon the Property is essential to prevent or mitigate a violation of this Easement; C. The right to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement, or which may threaten or significantly impair the Conservation Values of the Property, and to require the restoration of such areas or features of the Property that are damaged by any inconsistent activity or use; D. The right to enhance the Conservation Values along the Roaring Fork River and any other area within the Easement Property with Grantor's prior written approval, by planting, grading, irrigation, water channel restoration, streambank stabilization, spawning habitat construction and improvement, and any other activities as may be necessary to restore or enhance the Conservation Values of the Property, at the discretion of the Trust; and Northeast Coffman Ranch Conservation Easement Page 3 1111111111111111 MUNI 1111111 643445 12/18/2003 03.14F 81548 P737 l'1 ALSDOR 4 of 28 R 141.00 D 0.00 GPRFIELD COUNTY CO E. Any other rights that both Parties may approve that are consistent with the purposes of this Easement and the Conservation Values. 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, unless specifically allowed elsewhere in this Easement: A. Any change, disturbance, alteration, or impairment of the relatively natural habitat for plants, wildlife, or similar ecosystems within and upon the Property, except as provided herein; B. The construction or placement of any buildings, structures, parking lots, camping accommodations, golf courses, mobile homes, boat ramps, billboards or commercial signs, except as expressly provided herein and except those existing on the date of this grant and as documented in the Baseline Documentation; the conveyance of casements, rights-of-way, the paving or grading of roadways or the construction of any roadways without the consent of the Trust, which consent shall be in the Trust's sole discretion; C. The removal, destruction, or cutting of native vegetation outside of an approved building envelope, except as permitted in Sections 5C and 6, below; D. The intentional introduction, or failure to prevent the introduction or spread of noxious weeds such as those as identified by the Colorado Weed Management Association, other than for agricultural uses consistent with generally accepted practices as defined by the U.S. Department of Agriculture Natural Resources Conservation Service (hereinafter "NRCS"), or other such governmental entity as may be qualified at the time to oversee such practices; E. The overgrazing of livestock as deterrnined by an expert in livestock management, or other ranching or farming practices which result in "low to moderate" soil quality as defined by the NRCS, OT other such entity as may be qualified at the time to oversee such practices; F. The use of pesticides other than for the control of noxious weeds andlor pests in a manner consistent with sound environmental conservation practices, such as those determined by the NRCS; G. Subsurface Mineral Rights: Grantor shall not sell, transfer or otherwise separate Grantor's share of the mineral rights to oil or natural gas from the Property, except that Grantor may lease to a third party the right to explore for or extract oil and gas from below the surface of the Property; provided, however that such activities occur only in a manner that is consistent with the meaning of Section 170(h) of the Code and Section 1.170A -14(g) of the Treasury Regulations. Any disturbance of the surface of the Property for the exploration of subsurface minerals in a manner that is Northeast Coffman Ranch Conservation Easement Page 4 1 641 11314141151 121191/121131 101131;1114 115 11111 M R1OR1 9 of 28 R 141.00 l) 0.00 GRRF I ELD COUNTY CO inconsistent with the meaning of Section 170(h) of the Code and Section 1.170A - 14(g) is prohibited H. 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 shall Grantor explore far or extract soil, sand, gravel, rock, or other minerals from the surface of the Property; The use of any motorized vehicles off roadways now existing or new roadways permitted herein, with the exception of the use of motorized vehicles incidental and necessary to the use of the Property for agricultural purposes; J. The establishment or maintenance of any commercial feed lot, which shall be defined for purposes of this Easement as a permanently constructed confined area or facility within which the land is not grazed or cropped annually for purposes of engaging in the business of the reception and extended feeding and finishing of large numbers of livestock for hire; K. The establishment or maintenance of any commercial or extractive tree farm; L. The storage, dumping or other disposal of trash, ashes, garbage, toxic and/or hazardous materials on the Property, other than the collection and disposal of agricultural products and byproducts on the Property including tree limbs, scrap lumber and other organic materials incidental and necessary to the use of the Property for agricultural purposes and in accordance with all applicable governmental laws and regulations. This prohibition does not impose any liability on the Trust, nor shall the Trust be construed as having liability as a `responsible party" under The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), or similar federal or state statutes; M. The manipulation, diversion, or other alteration of streams that degrades or destabilizes their natural banks or shorelines, other than those activities consistent with responsible irrigation practices; or as temporarily necessary for bank stabilization activities as described in Section 5H; N. The degradation, pollution, or drainage of any designated wetlands or naturally occurring surface or sub -surface water, except that irrigation patterns and ditches may be altered to reduce areas of standing water for insect and disease control; 0. Any change in the topography of the Property through the placement therein of soil, land fill, dredging spoils, or other material, except as incidental and necessary to the activities permitted herein; P. Any use that would increase, or substantially add to the risk of soil erosion; Q. Any commercial or industrial uses, except those incidental and necessary to the use of the Property for agricultural purposes, which are specifically permitted. "Home Northeast Coffman Ranch Conservation Easement Page 5 1 11111$111111111 131111111 111111 643445 12119/23 03:141' D1548 P738 M AL SOORF 8 of 26 R t41.00 D 0.00 GARFIELD COUNTY CO occupation" uses that do not threaten or significantly impair the Conservation Values of the Property, including artist's studios, wood shops, and the like, shall be permitted within an approved building envelope located on the Property, as defined in Subsection 6A and Exhibit B, provided that such use does not interfere with Grantor's quiet enjoyment of the Property. Employees shall not be permitted on the Property for home occupation purposes; R. The erection, construction, installation, relocation or use of a communication facility, a telecommunication facility, a network element or any other telecommunication facilities, equipment or material that may be used for telecommunications or to provide such services, except for in-home networking, wireless telecommunications access, or other low-impact telecommunications services, S. Utility lines or substations not necessary and directly related to uses of the Property permitted by this Easement and except any pre-existing lines; T. Wind-powered electric generators to produce electricity for off-site use; U. Hunting or trapping, other than for predator control as necessary for agricultural operations on the Property. If the Property reverts to wildlife habitat or is no longer used for agricultural purposes pursuant to Subsection 5F, below, hunting or trapping will not be permitted; V. External lighting, including landscape lighting and driveway lighting, which impairs the Conservation Values of the Property, with the exception of lighting for agricultural, security and safety purposes; W. Except as permitted in Sections 5B, 5F and 11, herein, Grantor may not transfer, encumber, sell, lease or otherwise separate from the Property the "Dedicated Water Rights" (as defined in Section l 1). 5, Consistent Uses of the Property. The following uses and practices by Grantor, though not an exhaustive recital, are consistent with this Easement. Certain of these consistent uses and practices are identified as being subject to specified conditions, to the notice provision as described in Section 7 herein, and to the requirement of and procedures for prior approval by the Trust as described in Section 8 herein: A. Grantor may repair or replace existing fences. New fences may be built for purposes incidental and necessary to the management of livestock and wildlife in compliance with the current Colorado Division of Wildlife (herinafter "DOW") specifications for fencing in wildlife migration areas. Fencing constructed for the purpose of excluding wildlife from haystacks, gardens, orchards, and the like must not block or hinder normal wildlife movement or migration, and should not exceed eight (8) feet in height; B. Leasing of lands with appurtenant Water Rights for agricultural purposes; Northeast Coffman Ranch Conservation Easement Page 6 { 1 31111 11111 111111 111111 111111 11111 IQ 11111 111111 11 443 12/19/2003 03:14P 81548 P74P1 A SD 7 of 28 R 141.00 D 0,00 GARFIELD C0U CO C. Such cutting and removal of dead, dying or diseased timber may be reasonably necessary for fire protection, disease prevention, safetyora cultural purposes; D. The taking of such reasonable steps as are necessary to control erosion on the Property; E. Changes in agricultural use, including row crops or horse fanning, that do not threaten or significantly impair the scenic, open space, or environmental Conservation Values of the Property; F. If agricultural uses prove uneconomical, or Grantor no longer desires to use the property for agricultural purposes, the Property may revert to wildlife habitat. In that event, Grantor agrees that any "Dedicated Water Rights" (as defined in Section 11 herein) that are no longer being used for agricultural purposes shall be subject to the provisions of Section 11, below; G. 1f, and only if, the Property reverts to wildlife habitat pursuant to Subsection 5F herein, domesticated pets must be leashed, kenneled or otherwise physically restrained outside of the building envelope; H. The right to construct and maintain rock vane deflectors on the Roaring Fork River as necessary for streanibank stabilization and/or flood protection as permitted by the Army Corps of Engineers and the United States Department of Agriculture Farm Service Agency, and/or other entity as may be qualified at the time to approve and conduct such work; The right to restore damage to the Property that may be caused by fire, flood, storm, earth movements, or acts beyond the Grantor's control; J. The right, mutually with the Trust, to enforce against and prevent any prohibited action set forth herein on the Property against any individual or entity; K. The right to erect appropriate signage and fencing, upon review and approval of the Trust, indicating the presence of the Easement and the boundaries thereof; and L. Rights of access on, of the Property and the Conservation Values seover and across the Property in a manner consistent with mintenance and p forth herein. 6, Reserved Rights. Grantor reserves to itself and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to reside on the Property and to engage in, or permit or invite others to engage in, all uses of the Property that are not prohibited herein and that are consistent with the purposes of this Easement, including the following rights: Northeast Coffman Ranch Conservation Easement Page 7 1 i mill nisi nail mill mi imii iini iii nni loom A. To separate from the Property, one (1) lot not to exceed four and one-half (41/2) acres in size, together with a proportional amount of the Water Rights, subject to the terms of this Easement (hereinafter "Lot A"). The remainder of the Property after such separation shall hereinafter be called the "Remainder Property" and shall include all Dedicated Water Rights (as defined in Section 11 herein); B. To erect and maintain one (1) single-family homesite on Lot A with a limited building and disturbance envelope (hereinafter "building envelope") not to exceed two (2) acres in size, with a building footprint, inclusive of all structures, not to exceed six -thousand five hundred (6,500) square feet. The location of the building envelope on Lot A is generally shown in Exhibit B, herein; however, the final location of the building envelope within Lot A is subject to change so as to accommodate the most area outside of the 100 -year flood plain without Trust's prior approval. Grantor has the right to construct additional improvements in this building envelope accessory to the single-family residential use of the Property or reasonably necessary to the agricultural use of the Property, including an accessory dwelling unit, garage, greenhouse, barn, shed, art and craft studio, fences, gardens, orchards, decks, lawns, roads and other disturbances; C. Limited trimming of vegetation in select areas outside of the building envelope on Lot A will be permitted to allow the creation of view planes from the homesite to the Roaring Fork River; provided, however that such trimming does not increase the risk of erosion and minimizes destruction of wildlife habitat or other ecological Conservation Values of the Property, as determined by the Land Trust. Grantor agrees to survey such view planes to specifically describe the location and scope of permitted trimming activities before any such activities commence, and to obtain Trust's prior approval of the location and scope of such view planes before having them surveyed. This survey shall be completed no later than October 30, 2004 and shall be added to this Deed as Exhibit D. The amended Deed shall be rerecorded with the Garfield County Clerk and Recorder; D. Utilities and utility easements over and across the Property as needed for the development and maintenance of Lot A, and three (3) additional homesites located adjacent to and north of the Property, on the North Parcel (as generally shown in Exhibit B, herein), and utilities as located in existing utility easements. Such utilities and utility easements may include, without limitation, water and sewer lines, telephone and communications lines, electric and gas lines, and other utilities necessary to the development of such homesites. The location of such utilities and utility easements is not specifically described herein, and does not require Trust's approval. Grantor has the right to clear vegetation on the Property as is reasonably necessary to construct and maintain such utilities; provided, however that such action is designed to minimize impacts to the Conservation Values of the Property, and is subject to remediation to restore the Property to its condition prior to such action as closely as possible. All utilities, including electric and telephone lines, shall be buried Northeast Coffman Ranch Conservation Easement Page 8 1 11111111 1111111111111111111111111111111111 III 11I 411 Ill 1 543445 12/19/2003 03:14P 111548 P742 M F 9 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO wherever and whenever possible, and shall located within access easements wherever and whenever possible; E. A maximum of two (2) access roads, not to exceed twelve (12) feet in width (except as necessary for cul de sacs, pull outs, or other County land use requirements, in which case road width may not exceed sixteen (16) feet across). Such roads shall be located within two (2) access easements not to exceed thirty (30) feet in width, each, over and across the Property as needed to access Lot A and lots north of and adjacent to the Property on Coffman Ranch. From the intersection with County Road 100 for a distance of 50 feet onto the Property, the access easement may be as wide as 50 feet. The location of such roads and access easements does not require Trust's prior approval, Grantor has the right to clear vegetation and alter the surface of the Property as is reasonably necessary to construct and maintain these roads within the access easements; provided, however such alterations are designed to minimize impacts to the lands traversed and to the Conservation Values of the Property. Such roads shall be built at surface grade whenever and wherever possible, and may be paved; F. The general locations of the improvements described above, including Lot A, the building envelope, and access roads, shall be as shown on Exhibit E. In the event that the locations of these improvements change from those described in Exhibit 13, herein, such changes shall be recorded in an amended Exhibit B, and the Deed of Conservation Easement shall be rerecorded to reflect these changes. In addition, the amended Exhibit 13 may show the locations of additional improvements allowed herein, that are not shown on the original Exhibit 13; G. The right to construct no more than two (2) structures for agricultural purposes (such as hay sheds or loafing sheds), not to exceed two-thousand (2,000) square feet in size, collectively, on the Remainder Property; provided, however, that such improvements are not located in a riparian, wetland or forested area of the Property, and are not fully enclosed (such as barns or residences). Trust's prior approval is not required for construction or placement of such structures; H, The right to take any appropriate legal measures to adjust the northern boundary of the Property to the centerline of the Roaring Fork River, or to establish such similar boundary as is appropriate to the Property; provided, however, it does not decrease the total acreage of the Property or diminish its Conservation Values. Any acreage that may be added to the Property as a result of this process shall be incorporated into the Remainder Property and shall be subject to the terms of this Deed of Conservation Easement. Grantor agrees that when and if such boundary is changed, this Deed shall be amended to reflect the revised legal description of the Property and rerecorded in a timely fashion; and Subject to Section 11, below, Grantor shall retain, reserve, and preserve the right to use the Water Rights appurtenant to the Property, including but not limited to Northeast Codman Ranch Conset ation Easement Page 9 1 11ti11111111111111114111111 HEM l#���� 1111111 11111 043445 22 0S 4 141.00 D 000 GRRFIELDCOU 1ALSDORF 0of20 RWr( CO groundwater, appropriated, and augmented Water Rights, including such new Water Rights as may be developed as incidental and necessary to the maintenance and protection of the agricultural character, scenic, environmental and other Conservation Values of the Property, and to irrigate the Property. Grantor shall have the right to construct, maintain, and improve irrigation fixtures, headgates, ditches, water wells, and other water systems on the Property consistent with the uses permitted hereunder. Grantor, or any other interest holder in the Slough or Union Ditches, may manipulate, enlarge, relocate, or change diversion points and/or ditch alignment or otherwise alter ditch(es) for irrigation purposes. 7. Notice of Intention to Undertake Certain Permitted Actions. When specifically required herein, Grantor, its successors and assigns, shall provide reasonable notice to the Trust prior to undertaking any new permitted activities within the Easement Property in order to afford the Trust an opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purposes of this Easement. Whenever notice is required, Grantor shall notify the Trust in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question, unless a different time period for the giving of notice is approved by the Trust for the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Trust to make an informed judgment as to its consistency with the purposes of this Easement and the Conservation Values. S. Trust's Approval. Whenever a provision of this Deed requires that Grantor obtain the Trust's approval of any activity on or use of the Property, such approval shall not be unreasonably withheld or delayed. Where the Trust's approval is required, the Trust shall grant or withhold its approval in writing within thirty (30) days of receipt of Grantor's written request therefor. The Trust's approval may be withheld only upon a reasonable determination by the Trust that the action as proposed would be inconsistent with the Conservation Values or the purposes or terms of this Deed and the reason(s) for such a determination shall be set forth with specificity by the Trust in a written notice to Grantor. Where a reasonable modification of the proposed use or activity by Grantor would render the same consistent with the purposes of this Deed and the Conservation Values, the Trust shall specify, in such written notice to Grantor, such required modifications. In the event such grant, denial, or conditional approval is not made by the Trust within such a time period, the Trust shall be deemed to have approved the action giving rise to the notice. 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 Deed. The Trust may enter the Property for the purpose of inspecting for violations in accordance with Subsection 3B above. If the Trust finds what it believes is a violation, or a threat of a violation, the Trust shall notify Grantor in writing of the nature of the alleged violation. Upon receipt of this written notice, Grantor shall immediately discontinue any activity that could increase or expand the alleged violation and shall either: (1) restore the Property as best possible to its condition prior to the violation in accordance with a plan approved by the Trust; or (2) 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, both parties agree to meet as soon as possible to resolve this difference. If a resolution of this Northeast Coffman Ranch Conservation Easement Page 10 1 ll 111111111111111Illlll111111111111110i 1141 l II 8464344 12J19/2003 03c14P 81'548 P744 1i 11 of 28 R 141.00 0 0.00 GARPIELD COUNTY CO difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute pursuant to Section 9.1 below. Should Grantor not immediately discontinue any activity that could increase or expand the alleged violation; or should mediation fail to resolve the dispute within sixty (60) days of Trust's written notice to Grantor of the alleged violation, or by such other date as the parties may mutually agree, the parties may take appropriate legal action pursuant to the Sections below. The Trust's remedies described in this Deed shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of scenic or environmental values. The failure of Trust to discover a violation or to take immediate legal action shall not bar Trust from doing so within one year from the date upon which the violation occurred pursuant to C.R.S. § 38-41-119. 9.1 Mediation. If a dispute arises between the parties concerning the consistency of any proposed use or activity with the purpose of this 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 request made in writing upon the other. Within ten (10) days of the receipt of such request, the parties shall select a single trained and impartial mediator with experience in conservation easements and other land preservation tools. if the parties are unable to agree on the. selection of a single mediator, then the parties shall, within fifteen (15) days of receipt of the initial request, jointly apply to a proper court for the appointment of a trained and impartial mediator with experience in conservation easements and other land preservation tools. Mediation shall then proceed in accordance with the following guidelines: A. Purpose. The purpose of the mediation is to: (1) promote discussion between the parties; (2) assist the parties to develop and exchange pertinent information concerning the issues in dispute; and (3) assist the parties to develop proposals which will 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 Deed. 13. 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, attending all sessions scheduled by the mediator. Representatives of the parties with settlement authority will attend mediation sessions as required by the mediator. C. Confidentiality. All information 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 party in any subsequent litigation. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceedings or construed as an admission of a party. Northeast Coffman Ranch Conservation Easement Page 11 { 1111 4111 123of525 819/2003 141.00 00.00 g1545 P745 M GARFIELD COUNTY COO D. Time Period. Neither party shall be obligated to continue the mediation process beyond a period of sixty (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. 9.2 Injunctive Relief. The Trust may bring an action at law or in equity, ex parte as necessary, in a court of competent jurisdiction, to enforce the terms of this Grant and to enjoin by temporary or permanent injunction a violation, including to require or cause the restoration of the Property to the condition that existed prior to the violation, under the following circumstances: A. If the Grantor, after receipt of a notice of violation from the Trust, fails immediately to discontinue any activity that could increase or expand an alleged violation; or B. If Grantor, after receipt of a notice of violation from the Trust, fails within ten (10) days either to provide a written explanation to the Trust of the reason why the alleged violation should be permitted, or to begin restoring the Property as best as possible to its condition prior to the violation; or C. if Grantor, after commencing to restore the Property to its condition prior to a violation, fails to continue diligently to cure the violation. 9.3 Damages. The Trust shall be entitled to recover damages for violation of the terms of this Easement or injury to the Conservation Values, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values. Without limiting Grantor's liability therefor, the Trust, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. 9.4 Emergency Enforcement. If the Trust reasonably believes an ongoing or threatened imminent activity violates the Easement, the Trust may, in its sole discretion, take immediate legal action as set forth in this Section 9 without prior notice to Grantor and without waiting for the period provided for cure to expire. 9.5 Actual or Threatened Non -Compliance. The Trust's rights under this Section 9 apply equally in the event of either actual or threatened violations of the terms of this Easement. Grantor agrees that the Trust's remedies at law for any violation of the terms of this Easement are inadequate and that the Trust shall be entitled to the injunctive relief described in Subsection 9.3, both prohibitive and mandatory, in addition to such other relief to which the Trust may be entitled, including specific performance of the terms of this Deed, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. 9.6 Costs of Enforcement. Ail reasonable costs incurred by the Trust in enforcing the terms of this Easement against Grantor including, without limitation, costs and expenses of injunction or suit and reasonable attorney's fees, and any costs of restoration necessitated by Northeast Coffman Ranch Conservation Easement Page 12 1 11111 111111111111111111 I111111111 till 11111111111 III 64344512/1S/2003 03 r 3AP 51548 p745 11 AL 13 of 28 R 141.00 0 0.00 GARFIELD COUNTY CO Grantor's violation of the terms of this Easement shall be borne by Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action each party shall bear its own costs. 9.7 The Trust's Discretion. Enforcement of the terms of this Easement shall be at the sole discretion of the Trust, and any forbearance by the Trust to exercise its rights under this Easement in the event of any breach of any term of this Easement 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 or of any of the Trust's rights under this Easement. No delay or omission by the Trust in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 9.8 Waiver of Certain Defenses, No action shall be commenced or maintained to enforce the terms of any building restriction described in this Easement, or to compel the removal of any building or improvement, unless said action is commenced within four (4) years from the date of the violation for which the action is sought to be brought or maintained, To the extent that any defense available to Grantor pursuant to C.R.S. Section 38-41-119 is inconsistent with the foregoing, such defense is waived by Grantor. Grantor waives the defenses of laches, estoppel and prescription with regard to the enforcement of all other terms of this Easement. 9.9 Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle the Trust to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. Grantor is not responsible for acts of third parties that are out of Grantor's control, except that Grantor is responsible for guests and other third parties authorized by Grantor to access the Property. 10. Access. Nothing contained herein shall be construed as affording the public access to any portion of the Property, although the Grantor may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is consistent with the tenns of this Deed. Perpetual, private, non -motorized access to the Roaring Fork River as it crosses the Property is permitted for the future owner of Lot A, and for any future owners of the North Parcel or any lots located thereon, Any trail to or along the Roaring Fork River in this zone shall be designed to minimize impact to the wetland, riparian, wildlife and scenic Conservation Values of the Property, and shall remain in an unimproved condition not to exceed three (3) feet in width. Minimal trimming of vegetation as necessary to accommodate such a trail is permitted. The parties also understand and agree that in the event the northern boundary of the Property is adjusted to include acreage to the north of the current Property boundary pursuant to Subsection 6H, the Grantor shall have the right to grant casements for perpetual, private, non -motorized access to the Roaring Fork River as it may cross the land added to the Property, to the future owner of Lot A, and to any future owners of the North Parcel or any lots located thereon. However, all other conditions of access stated in this Section 10 shall also apply to any land added to the Property. 11. Water Rights. The Property subject to this Easement includes certain decreed and undecreed water rights, ditches and ditch rights, springs and spring rights, wells and groundwater Northeast Coffman Ranch Conservation Easement Page 13 11[[l il4[[i ��l[[l �I�[ [t[ x,4344'3 121391��3 � �� i8a pT47 M faLSA 3 14of 28814 .0 rights, and any other types of rights related to the ownership of water, tributary, non -tributary and riot non -tributary, appurtenant to or customarily or historically used or associated with or upon the Property, including, but not limited to, ownership interests in the First Enlargement of the Union Ditch No, 186-A and the Slough Ditch and Banning Lateral No. 193 as adjudicated May 3, 1937 in Garfield County Court Case No. 3082 (see Exhibit C), together with any and all of the rights associated with the historical and beneficial use of any of the embankments, flumes, headgates, measuring devices or other structures that are appurtenant to those water rights, along with all easements and rights of way therefor. Grantor and the Trust agree that a portion of these water rights (collectively "Dedicated Water Rights") must be maintained on the Property to ensure the minimum level of preservation and protection of the agricultural, scenic, and environmental Conservation Values, including wildlife, wetland and riparian habitat, defined more or less as the amount of water traditionally used to maintain the Property's Conservation Values. The descriptions and amounts of these Dedicated Water Rights are not specifically set forth herein. Grantor shall not transfer, encumber, sell, lease or otherwise separate from the Property, or change the historic use of the Dedicated Water Rights, without the prior written consent of and determination by the Trust that such transfer or other change is not inconsistent with the preservation and protection of the Conservation Values, or is justified by technological improvements in irrigation efficiency, or changes in vegetative water requirements. Grantor agrees that any separation of Dedicated Water Rights from the Property allowed by the Trust pursuant to this Section may not later be alleged to be grounds for extinguishment of the Conservation Easement pursuant to Section 13, below. Non -Dedicated Water Rights appurtenant to the Property are not subject to this Easement, and may be sold or otherwise separated from the Property by Grantor; provided, however, that Grantor obtains a water analysis to quantify and specifically describe the Dedicated Water Rights before separating any non -Dedicated Water Rights from the Property. The Trust shall not be entitled to any portion of the proceeds from such sale of non -Dedicated Water Rights. Grantor also agrees not to initiate actions which would form the basis to adjudicate additional water storage rights without the prior written approval of the Trust, which approval the Trust may withhold in its sole discretion. If Grantor fails to maintain the historic use of the Dedicated Water Rights upon the Property, or those rights necessary to preserve and protect the Conservation Values of the Property, Trust shall have the right, but not the obligation to enter upon the Property and undertake any and all actions reasonably necessary to continue the historic use of the Dedicated Water Rights in order to preserve and protect the Conservation Values of the Property. Grantor shall not abandon or allow the abandonment of, by action or inaction, any of the Dedicated Water Rights. If the Dedicated Water Rights are under threat of abandonment, or if the Trust approves the separation of Dedicated Water Rights from the Property pursuant to this Section, Grantor agrees that ownership of said Dedicated Water Rights shall pass to the Trust, and the Trust shall have the right to use such Dedicated Water Rights for beneficial conservation purposes on the Property or elsewhere in Garfield County, and to sell or otherwise convey all or part of such rights to the Colorado Water Conservation Board (hereinafter "CW CB"), or other entity qualified at the time of transfer to hold instream flow water rights for the specific purpose of adding instream flow to the Roaring Fork River. In the event of a drought year, when sufficient water is not available to irrigate the entire agricultural portion of the Property, Grantor may elect to irrigate only a portion of the Northeast Coffman Ranch Conservation Easement Page 14 1 111111111111111111111111Dili! 11ll41111111111111111 643448 12/19120 03114P 81548 P748 M OORF 15 of 28 R 141.00 D 0.00 6RRFIELD COUNTY CO Property, and may sign a "dry year lease" or similar contract with the CWCB, or other entity as is qualified at the time to hold such lease or contract, allowing Water Rights to be temporarily used for instrearn flow in the Roaring Fork River; provided, however, such lease, contract or change in irrigation practice does not threaten injury or abandonment to any portion of the Dedicated Water Rights. 12. Costs, Liabilities, Taxes and Environmental Compliance. 12.1 Costs, Legal Requirements and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate liability insurance coverage, which names the Trust as an additional insured. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor, 12.2 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "Taxes"), including any Taxes imposed upon, or incurred as a result of, this Easement, and shall furnish the Trust with satisfactory evidence of payment upon request. The Trust is authorized, but in no event obligated, to make or advance any payment of Taxes, upon ten (10) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the Taxes or the accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear interest until paid by Grantor to the Trust at the lesser of fifteen percent (15%) per annum, or the maximum rate allowed by law. 12.3 Open Space Conservation Fund Contribution. Upon the initial sale and each subsequent resale of an improved or unimproved Lot within the Property to another Person (excluding gifts, sales or transfers of land to the children and grandchildren of Rex and JoAnn Coffman, and transfers by court order or by will or intestacy), the Lot purchaser shall be obligated to pay to the Aspen Valley Land Trust, or such successor organization as exists at the time of transfer, an Open Space Conservation Fund Contribution in the amount of one quarter of one percent (0.25% or gross sales price times 0.0025) of the gross sales price in order that the Trust may continue to preserve open space. The Open Space Contribution is to be paid directly to the Trust at the time of sale or transfer of a Lot. If an Open Space Contribution is not paid to the Trust at the time of sale or transfer of a Lot as provided herein, the unpaid Open Space Contribution shall bear interest at the rate of eighteen percent (18%) per annum from the date of sale or transfer until paid in full, and shall constitute the personal obligation of the purchaser/Lot Owner, and shall be a lien and security interest on the title to the lot being sold which may be foreclosed by the Trust in the same manner as a mortgage on real property, The delinquent purchaser/Lot Owner shall also be responsible for costs and attorneys' fees Northeast Coffman Ranch Conservation Easement Page IS 1 HMV 111I1111111111111111111111111111111111111n11i11 163445 of 28281141. 0 D 0} 0 GARFIELD0.3:412 B1548 49 M COLiNTY6CO incurred by the Trust in collecting said unpaid Open Space Contributions, whether by efforts short of collection action or foreclosure, collection action in the courts andlor a foreclosure action. 12.4 Noxious Weeds. Grantor, its successors and assigns, shall comply with the Colorado Noxious Weed Act (hereinafter "Act"), C.R.S. 35-5.5-101, as the same now exists or may be amended from time to time, in connection with the Property. Should Grantor, pursuant to the Act, be required to eradicate any "undesirable plants" (as that term is described in the Act), Grantor shall work to create a control method of integrated management of such eradication which results in. the least possible impact (environmental, biological, or otherwise) to the non -noxious biology and Conservation Values of the Property, whether such management requires cultural control, mechanical control, chemical control, or any combination thereof. Any and all costs incurred as a result of any required eradication process initiated pursuant to the Act shall be the sole obligation of Grantor. 12.5 Representations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: A. No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Property, except for fuels, lubricants and other substances [e.g. anti -freeze, paint, veterinary medicines] customarily used or transported in connection with camping, wrangling, agricultural and construction activities on the Property; B. There are not now any underground storage tanks located an the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements; C. Grantor and the Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use; D. But for potential eminent domain proceedings for the establishment of a public roadway across the Property, there is no pending or threatened litigation in any way affecting, involving, or relating to the Property; E. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts or Northeast Coffman Ranch Conservation Easement Page 16 111111311111111111E11111111111111111111$1111111 84344'S 12/19/2003 03 _ 14P 81348 P730 ri �RLSDO 17 of 28 R 141.00 D 0.00 GARFIELD COUNT CO circumstances that Grantor might reasonably expect to form the basis for any such proceedings, investigations, notices, claims, demands, or orders; and F. Grantor warrants that Grantor has good and sufficient title to the Property, that Grantor has good right, full power and lawful authority to grant and convey this Easement, that any mortgages or liens on the Property are and shall remain subordinate to the terms of this Easement, and Grantor hereby promises to 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, which are acceptable to the Trust at the time of execution of the Easement. 12.6 Remediation. If, at any time, there occurs, or has occurred, a release in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Trust, in which case the Trust shall be responsible therefor. 12.7 Control. Nothing in this Deed 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 aver the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of CERCLA, and any Colorado state law counterpart. 12.8 Hold Harmless. Grantor shall hold harmless and indemnify the Trust and its members, directors, officers, employees, agents, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, cause of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any ofthe Indemnified Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement, including, without. limitation, CERCLA, by any person other than any ofthe Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release of hazardous or toxic substances in, on, from, under or about the Property at any time, of any substance now or hereafter defined, 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 Indemnified Parties; and (4) the obligations, covenants, representations, and warranties of Sections 12.1 through 12.7. Northeast Coffman Ranch Conservation Easement Page 17 111111111 II 111111I1I11111111111111111111 Ili 1111 8 843445 12119{2003 03:14P 81148 P751 Int AL 18 of 28 R 141.00 0 0.00 GARF IELD COUNTY CO 13. Extinguishment and Condemnation. 13.1 Extinguishment. In granting this Easement, Grantor has considered the possibility that uses prohibited by the terms of this Easement may become more economically valuable than permitted uses and that neighboring properties may be used entirely for such prohibited uses in the future. It is the intent of Grantor and the Trust that any such changes shall not be deemed circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to conduct or implement any or all of the uses permitted under this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. If circumstances arise in the future that render the purposes of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other when it first learns of such circumstances. The 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 or extinguishment, shall be determined, unless otherwise provided by Colorado law at the time, in accordance with Section 13.2, below. The Trust shall use all such proceeds in a manner consistent with the conservation purposes of this Easement. 13,2 Proceeds. This Easement constitutes a real property interest immediately vested in Trust, which the parties stipulate to have a fair market value of determined by multiplying (1) the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this Deed attributable to improvements) by (2) the percentage of diminution in value to the Property attributed to the Conservation Easement, as determined by appraisal. The values at the time of this Deed shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this Deed, pursuant to Section 170(h) of the Internal Revenue Code of 1986, as amended. For the purposes of this Section, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. 13.3 Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor 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 direct or incidental 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 multiplying that balance by the formula set forth in Subsection 13.2. 13,4 Application of Proceeds. The Trust shall use any proceeds received under the circumstances described in this Section 13 in a manner consistent with its conservation purposes, which are exemplified by this Deed, Northeast Coffman Ranch Conservation Easement Page 18 6411111111111111111111111111111#11 1111111114111 Mit"1111111 3445 12/19,2003 03:14P 81548 P782 M 19 of 28 R 141.00 0 0.00 'GARFIELD COUNTY CO 14. Assignment. This Easement is transferable by the Trust, but the Trust may assign its rights and obligations under this Easement only with Grantor's consent, which consent shall not be unreasonably withheld, to an organization that is (1) a qualified organization at the time of transfer under Section 170(h) of the internal Revenue Code of 1986, as amended or succeeded, and the applicable regulations promulgated thereunder; (2) authorized to acquire and hold conservation easements under Colorado law; and (3) charged with a mission similar to the Trust's mission. As a condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to carry out and uphold the purposes of this Easement and the Conservation Values and otherwise assume all of the obligations and liabilities of the Trust set forth herein or created hereby. After such transfer, the Trust shall have no further obligation or liability under this Easement. The Trust agrees to give written notice of and seek consent from Grantor for an assignment at least sixty (60) days prior to the date of such assignment. 15. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement, by reference or otherwise, in any Deed or other legal instrument by which it divests itself of any interest in the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to the Trust of the transfer of any such interest at least thirty (30) days prior to the date of such transfer. The failure of Grantor to perform any act required by this Section shall not impair the validity of this Easement or limit its enforceability in any way. 16. Estoppel Certificates. Upon request by Grantor, The Trust shall within thirty (30) days execute and deliver to Grantor, or to any party designated byGrantor, any document, including an estoppel certificate, which certifies, to the best of the Trust's knowledge, Grantor's compliance with any obligation of Grantor contained in this Easement or otherwise evidences the status of this Easement. Such certification shall be limited to the condition of the Property as of the Trust's most recent inspection. If Grantor requests more current documentation, the Trust shall conduct an inspection, at Grantor's expense, within sixty (60) days of receipt of Grantor's written request therefor. However, in the event that weather, or other circumstances outside of the Trust's control, prevent the Trust from conducting an inspection within sixty (60) days of receipt of Grantor's written request, the Trust shall conduct such inspection within a timely manner once such weather or circumstances which prevent the inspection no longer exist. 17. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows or to such other address as either party from time to time shall designate by written notice to the other: To Grantor: Rex Coffman 1837 County Road 100 Carbondale, CO 81623 With a copy to: Jessica E. Jay, Esq. Conservation Law, P.C. 52 Meadowlark Drive Evergreen, CO 80439 Northeast Coffman Ranch Conservation Easement Page 19 111111111 11111111111111111111111I1111111111111$111II 543445 12/19/2003 03,14P 51548 P753 PiA 20 of 28 R 141.00 D 0.00 GRRF IELD COUNTY CO rr n 4 To the Trust: Aspen Valley Land Trust Martha Cochran, Executive Director 320 Main Street, Suite 204 Carbondale, CO 81623 18. Recordation, The Trust shall record this instrument in timely fashion in the official records of Garfield County, Colorado, and may re-record it at any time as may be required to preserve its rights in this Easement. 19. Amendment. If circumstances arise under which an amendment to or modification of this Easement would be appropriate to promote the purposes of this Easement and the protection of the Conservation Values of the Property, Grantor and the Trust may jointly amend this Easement (in accordance with the Policies of the Trust.) However, the Trust is under no obligation to amend this Easement, and may decline to amend this Easement in its sole and exclusive judgment. No amendment shall be allowed that will affect the qualifications of this Easement under any applicable law. Any amendment must be consistent with the purposes of this Easement and the Conservation Values and may not affect the Easement's perpetual duration. Any arnendment must be in writing, signed by both parties, and recorded in the records of the Clerk and Recorder of Garfield County, Colorado. 20. Subordination. If at the time of conveyance of this Easement, the Property is subject to a Deed of Trust, the trustee shall have agreed by separate instrument to subordinate its rights in the Property to the extent necessary to permit the Trust to enforce the purposes of this Easement in perpetuity and to prevent any modification or extinguishment of this Easement by the exercise of any rights of the trustee deed. 21. General Provisions. A. Exhibits. The following Exhibits are attached to and incorporated by reference into this Deed of Conservation Easement: Exhibit A: Legal Description of North Parcel; Exhibit B: Land Plan; and Exhibit C: Abstacts of Water Decrees Exhibit D: Survey of View Planes from Lot A to Roaring Fork River (to be added) B. Definitions. The terms "Grantor" and the "Trust," wherever used herein, and any pronouns used in place of those terms, shall be deemed to include, respectively, Grantor and its heirs, personal representatives, executors, administrators, successors and assigns, and the Trust, its successors and assigns. Northeast Coffman Ranch Conservation Easement Page 20 1111111111Hill 111111H11titin1111111iin 64344'5 12/18/2003 03:14P 81548 P 21 of 28 R 141.00 0 0.00 ORRFIELD COUNTY CO C. Controlling Law. The interpretation and performance of this Deed shall be governed by the laws of the State of Colorado. D. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the Deed to effect the purposes of this 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 the purposes of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. The common law rules of disfavoring restrictions on the use of real property and construing restrictions in favor of the free and unrestricted use of real property shall not apply to interpretations of this Easement or to disputes between the Parties concerning the meaning of particular provisions of this Easement. E. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall be deemed severable and remain in full force and effect. F. Entire Agreement, This instrument sets forth the entire agreement between the Parties with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Easement, all of which are merged herein. G. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. H. Joint Obligation. The obligations imposed by this Easement upon Grantor shall be joint and several (in the event that there is more than one Grantor). I. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. J. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in this Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. K. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. Northeast Coffman Ranch Conservation Easement Page 21 111111111111111111111111111111111111111111111111.1111111 643443 12{19/2003 03:14P B1548 P7aS M ALSO 22 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO L. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. M. Merger. Unless the parties expressly state that they intend a merger of estates or interests to occur, then no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Deed. Northeast Coffman Ranch Conservation Easement Page 22 1 OAL KATIE BURTON ArtoNi Wiry MI Comm. Who DAG.l 41.- P w 1111111111111111111111111111Till 11111111llllh1 111111 643443 12/19/2003 03:14P B1548 P758 M 23 of 28 R 141.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of Conservation Easement as of the date first written above. GRANTOR: By: Q -"k- • C Rex A. Coffman, caner By: 42 !,1Y -111'fr"- JoAnn G. Coffman, Owner Ari zonc.. STATE OF eebeRmt) mc.,r,t e., Fir,. ) ss. COUNTY OF ) e The foregoing instrument was acknowledged before me this 0 day of by Rex A. Coffman and JoAnn G. Coffman as Grantor. WITNESS my hand and official seal. [SEAL] 1 r v v v v 4 •T♦ T , 2003, G Notary blic ` My commission expires: Ptern r i51..20 05 Northeast Coffman Ranch Conservation Easement 2003 Page 23 1 11 1111 11111 111111 111111 1111 111111 11111 III 1111111 11 IIII 843445 12/19/2003 03:14P B1548 P757 ALSDORF 24 of 28 R 141.00 D 0.00 GARFIELD COUNTY CD ACCEPTED: ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, By: Shannon Meyer, A socia J' ector STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged before me this 1 1 kday of 2003, by Shannon Meyer, as Associate Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation. WITNESS my hand and official seal. j aki COMMISSION EXXPIRESt OCTOBER 27, 2003'4 Notary Public My commission expires: O-, .2 Northeast Coffman Ranch Conservation Easement 2003 Page 24 I Or& Number: 426 roAN+>JC ri 1sinle.'ti► cj Mai 0.n WPM . .Wsms �t fa wan" I gw vs •+ *ms ,^1a N 04In jai r� a LEGAL DESCRIPTION PARCEL OF IAWD SXTOATZD 17 Q081INMINt LOTS 11, 13. 16. 17 AND A PORTION OF LOT 15 8SCTIO7 36 TOWWSH P 7 801772, MAP= 68 KEST, OF T7s SIXTH FRIN=FLR 7t DIAW; LOT 14. SECTION 31. TOMINEIP 7 BOOTH, lRANOZ 67 MST OF TXX SIS PRIPCIPLZ 7I iR/DIAN R=1710 PARTICULARLY DISC RISID AS IOLLOMS: COaCINO AT TUX WORTRIAST CORM OF SHOD GOMENRINT LOT NORTHEAST CORAZR Or /ACTT0 1, Tow 2EIP 8 SOOTS, HANOI 66 PRINCIPAL MZR1DIA14 SEARS 8 13'22.07' 11 3162.73 FIIT; THIN= 8 00'30'000 X., 716.67 7ZET ALONG TEZ NAST LXNI O1 14 MOOR= TUN WEST OF TEX 6TH SAID OOPZRl1 LOT 14; TRZ11CI ALCM A FIX= LINE RZING THZ NORTHERLY RIGHT 07 WAY 41 COMITY ROAD TES FQLLowiso F0ORTZZN (14) C01T5B79 i 1) S 79'49'33• if A DISTA7ICs O1 47.57 FIDET; 2) 8 73'31'13" 11 A DISTANCE 01 1.30.46 MUT; 3) S 69.43.31■ x A DISTAMC'Z 01 169.48 TINT; 4) 5 74'47'15" 11 A DI$TANCl 01 129.37 TZZT; 5) 8 61'33'50. 7 A DISTANCE Or 622.29 Y11T 6) B 61'11'21' 7 A =STAR= Or 701.96 TEST 7) 8 61'30'300 x A DISTANC'Z 0r 984.74 rimer, 6) 8 83'33'04' WA DISTANCE OF 314.46 7; 9) 8 88.28'28° 7 A DISTJa= OP 159.69 FZ1T, 10) 8 07'37'150 7 A DIOTANCX OF 112.30 MT, 13.) 8 09'05'06° 7 A DISMI= O7 423.29 FUT1 12) 8 88'16'36" if A MITA.= O7 122.15 rzrT, 13) 1A 88.14.1.2" M A DIBTAMM OP 146.07 FM; 14) ]1 83`44.01" 7 61.10 TX= TO THS BOOTH A= CORMIER OF A TRACT Or LAE, AS D18CRISZD 17 PLAT ROOK 763 PAGE 727; =MCX CCNrI U Q ALONG SA_ro M ICH I.I BRIM TRH R0RTR70,LT RIO= OF MAX O1 CM/TY ROAD 100 TEE FOLLOW/NG PIVI (5) GOVRSIS : 1) H 81'09'40" i1 A DISTANCE OF 178.03 FRIT; 2) 8 69'41'20. 7 A DI8TANCZ OF 149.39 rim; 3) 8 89'04'100 7 A DISTANCE Or 283.80 FEET; 4) 8 86'44'28" X A DISTAD OF 30.21 Timm TO 77Z 80RTSZABT CO3NZR OF A PARCZI. OF LAND AS DRSCRIBID IN PLAT BOOK 765 PA01 9331 5) 8 66'44'33' W 511.61 71Z'T TO 731 SOOTSUINT CORNZZ OF A TRACT Or LAID A8 DRS01371D 17 PLAT 7007 765 73.081 933; MINIM 7 15'30.44" Z 192.83 FZZT; THIN= 8 87'21'45" Z 327.54 FZST, TRZNCZ 7 79'07'46■ 1 120.81 7ZXT; TZINCX 8 64'37'27° X 114.66 TZZT TO A POINT ON TUX NORTHEAST CORNER OF A TRACT OF L*7D AA D1BCPIBED XN PLAT 200X 765 PAGE 727; TEE= 8 84'37'27" s 88.95 FZIT; TRIMS 6 61.'41'420 s 67.60 TENT: TSIOICZ 7 62'04'26° X 266.62 TZZT; TSZ7iCI X 79'04'46" X 220.50 FIT; TSZIRCZ 94 02'44'09° X 115.26 7717; TmCZ if 22°09'51° X 22.78 7ZLT 10 A POINT 0X TIER ' 11197 RL7 LINN 09' GOMUOCIONT LOT 161 TIIZNCX 7 00°10'33' if 141.2.93 FZYi ALONG TRZ 7'ZSTZ117 LINZ OF SAID QOV Continued an react page 100 Ontinuation Or 8aiyadul. A Legal Description = LL rd*r Number: 426 ■® 8 - 3,- G. .= a u.w = 0 s A.d Sri g 8 enmemel Nom a: csi - i, 0 fig: LOT 16 TO TEs IOVTlWIST CORNER Or SAID OO9iceT LOT 131 TEM= 111 00'100330 V 674.92 MT ALONG SAID 1I11TXRLT LINX TO TNX NOMMIXT COF WR Or ILID GOVIRMONNT LOT 13 (1lIDf1I TEN WITNESS C06R1= IEAP8 8 00'10'33' 1 10.00 MIXT)) TMINC71 N 6!'03'12' ! 683.36 MT ALONG TU YORTI T LIME or SAID OoVU r LOT 13 TO TIN N RTEN ST COMM Or LA7:0 LOT 121 Tda1CZ 1N 696121418 E 4s4.20 Y$Et ALONG SAID EW.Tl3'1<RLT LIME TO TRE ROEZTaAST CORNER O1 SAID LOT 12; THENCES 00'43'20' 1 697.33 rliT ALONG 7 XX RASTEILT LIEN Or SAID GO'Gmonia= LOT 12, TO Ti$ SOUTNNALST CORNIER Or asap LOT 1.71 TlR11Ci 8 00'26'40' 2 602.39 FIIT ALONG TB, #A T .LT =NZ Or GOVEMAININT LOT 17 TO AN A7fR7LS POINT 01 TN' E0aT = L.111 Or SAID GOVERNMENT LOT 171 MAIM 11 86'31.60' _ 2663.86 FM TO TI* NORMALS? COMM Or MAID GOMMeNNT LOT 14, SAID POINT ALSO BEING TEE 701 f 01 'DSO FOR TAMS DISC RIPTIO7. COLS! Or GAR1IELd1 STATS Or COLORADO ►a 2, LEM �. SIM vISI == awr F+ m — 15 "Wm 1 imia £1918 °P10-5(110,3 'a1YQA°QJ#„'] Point 001 Lai puw OD =met put tau plied to-tosuusla alis/vu nsuwac 111111111111 111111 tint MEI 11111111 1131 111111 2800 1R140 D213 0. GARFIIEDBCUHIYAOR 28 v+i 28 CO EXHIBIT C Abstracts of Water Rights 128288 The Union Ditch No. 186-A. Said ditch is numbered 186-A. Under former decrees of the Court it has been awarded Priority No. 265-A for 9.44 cu. ft. of water per second of time relating back to and dated from the 20th day of April A.D. 1884 under and by virtue of original construction. Said ditch is under this decree entitled to Priority No. 301 for 21.56 cu. ft. of water per second of time relating back to and dating from the 2011' day of April, A.D. 1890, under and by virtue of the First Enlargement. The claimants of said ditch are Alex Cuaz, Arthur B. Dudley, Arthur Bon, Jr. and Mrs Gerbaz. Said ditch is used for irrigation purposes and takes its supply of water from the Roaring Fork River in Garfield County, Colorado. The headgate is located on the South bank of said river at a point which bears from the Southeast comer of Tp. 7 S., R. 88 W. 6th P.M. North 52°52' West 2542 feet. The testimony in this cast establishes that the water and priority rights and volume of water awarded said ditch under said prior decree have at all times been beneficially used and applied in accordance with the terms of the decree establishing the same and said decree and the priority right thereby awarded are hereby ratified and confirmed. 1T IS FURTHER ORDERED, ADJUDGED AND DECREED, That there be allowed to flow into said ditch from said Roaring Fork River for the use aforesaid and for the benefit of the parties entitled thereto and by virtue of the appropriation by First Enlargement, Priority No. 301 for 21.56 cu. ft. of water per second of time relating back to and dating from the 20th day of April A.D. 1890. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, That said Priority No. 301 hereby awarded to the extent of 21.56 cu. ft. of water per second of time is hereby made absolute and unconditional. IT IS FURTHER ORDERED, ADJUDGED AND DECREED by thc Court that the total amount of water to which said ditch is al present entitled is computed at 31 cu. ft. of water per second of time. Done in open Court, By the Court. John T. Shumate, Judge. State of Colorado, County of Garfield. 1, N.D. Smith, Clerk of the District Court in and for the County of Garfield in the Ninth Judicial District of the State of Colorado do hereby certify the above and foregoing to be full, true and complete copy of that part of the decree entered in Cause No. 3082 in the County Court entitled: IN THE MATTER OF THE ADJUDICATION OF PRIORITY RIGHTS TO THE USE OF WATER FOR IRRIGATION IN WATER DISTRICT NO. 38 IN THE STATE OF COLORADO, MAJOR BETEMPS, ETAU petitioners, which refers. and pertains to the Union Ditch #186-A. Witness my hand and seal of the said Court in thc Court House in Glenwood Springs, County and State aforesaid this 3rd day of May A. D. 1937. N, D. Snaith, Clerk, Filed for record June 5, 1937 at 9:45 o'clock A.M. in Book 189 at page 157. 12889 The Slough Ditch and Hanning Lateral No. 193. Said ditch is numbered 193. Under former decrees of this Court it has been awarded Priority No. 274 for 6,58 cubic feet of water per second of time relating back to and dating from the 31' day of May, A.D. 1884 under and by virtue of original construction. Said ditch is under this decree entitled to Priority No. 309 for 42.68 cubic feet of water per second of time relating back to and dating from the 311' day of May A.D. 1890 under and by virtue of the First Enlargement. The claimants of said ditch are H.1. Gardner, Catherine L. Gardener, Daniel Flynn, Estate of Margaret Flynn, deceased, Arthur H. Dudley, Alex Cuaz, Arthur Bon, Jr. and Mars Gerbaz. Said ditch is used for irrigation purposes and takes its supply of'water from the Roaring Fork River in Garfield County, Colorado. The headgate is located on the South bank of said river ata point from which the Southeast corner of Section 36, Township 7, south, Range 88, West of the 6th P. M. bears South 2°30'18" last 1545 feet. The testimony in this case establishes that the water and priority rights and volume of water awarded said ditch under said prior decrees have at all times been beneficially used and applied in accordance with the terms of the decree establishing the same, and said decrees and the priority rights thereby awarded are hereby ratified and confirmed. IT 1S FURTHER ORDERED ADJUDGED AND DECREED That there be allowed to flow into said ditch from said Roaring Fork River for the use aforesaid and for the benefit of the parties entitled thereto under and by virtue of the appropriation by First Enlargement Priority No. 309 for 42.68 cubic feet of water per second of time relating back to and dating from the 31" day of May, A. D. 1890. IT IS FURTHER ORDERED, ADJUDGED AND DECREED That said priority No. 309 awarded, to the extent of 42.68 cubic feet of water per second of time is hereby made absolute and unconditional. IT 15 FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT. that the total amount of water to which said ditch is at present entitled is computed at 4926 cubic feet of water per second of time. Certified to on May 3, 1937 as a true copy by ND. Smith, Clerk of the District Court of Garfield County, Colorado. Done in open Court, By the Court: John T. Shumate, Judge. Filed for record June 5, 1937 at 9:47 o'clock A.M. In Book 189 at page 160. 11111111111111111011111111111111111111 ID 11111111 1111 665189 12/16/2064 08.28A 81648 P34 M A'LSDORF 1 of 27 R 136.00 D 0 00 GARFIELD COUNTY CO NOTICE TO TITLE COMPANY: This Deed of Conservation Easement in Gross requires a 0.25% fee be paid to Aspen Valley Land Trust or its successor organization by purchaser upon purchase of any lot located on this Property, pursuant to Section 12.3 herein. AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT IN GROSS Northeast Coffman Ranch THIS AMENDED AND RESTATED DEED OF PERPETUAL CONSERVATION EASEMENT in gross is granted this day of December, 2004, by REX A. and JOANN G. COFFMAN ("Grantor"), to and for the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, having an address at 320 Main Street, Suite 204, Carbondale, Colorado 81623, (the "Trust")(collectively, the "Parties"). Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description of Property Survey of Property and Conceptual Map of Coffman Ranch North Parcel (showing approximate location of Lot A) Abstracts of Water Decrees Survey of View Planes from Lot A to Roaring Fork River (to be added) RECITALS WHEREAS, Grantor is the sole owner in fee simple of certain real property in Garfield County, State of Colorado, more particularly described in Exhibit A and Exhibit B (hereinafter the "Property"), over and across which Grantor donated a Deed of Conservation Easement in Gross to the Trust on December 18, 2003 (which Easement Deed is on file at the Office of the Garfield County Clerk and Recorder as Reception No. 643445). The Property is comprised of approximately 38.00 acres of land and certain water rights. The term "Property" shall hereinafter be defined as the land and the water rights combined, and the term "Water Rights" shall refer solely to the water rights described in Section 11 and Exhibit C herein; WHEREAS, the purpose of this first Amendment and Restatement of Deed of Conservation Easement in Gross is to amend the legal description and map of the Property included herein as Exhibit A and Exhibit B, respectively, and to correct references thereto, to accurately reflect the boundaries of the Property as surveyed by Scarrow & Walker, Inc on July 21, 2004, which boundaries are not altered by this instrument, as shown in Exhibit B and Section 6 of the original Easement Deed, but which are now being clarified to specifically exclude from the Property Lots 1, 2 and 3 of the Coffman Ranch Subdivision Exemption, North Parcel, as shown on the Plat recorded as Reception No. 663142; and to 111111111111111111111111111 111 11111 1111 in 665189 12/16/2004 08.28A B1648 P35 M ALSDORF 2 of 27 R 136.00 D 0 00 GARFIELD COUNTY CO add the appropriate percentage to the Proceeds Section 13.2. No other substantive revisions have been made hereto. WHEREAS, the Property possesses natural, scenic, open space, wildlife, riparian, wetland and agricultural values that are worthy of preservation (collectively, "Conservation Values"), as defined in C.R.S.§ 38-30.5-101 et seq., of great importance to the Grantor, the Trust, the people of Garfield County, and the people of the State of Colorado; WHEREAS, in particular, the Property has unique characteristics as irrigated farm and grazing land representative of the agricultural heritage of the Roaring Fork Valley, including wildlife and wetland habitats, and riparian corridors along the Roaring Fork River which contribute to a biologically diverse ecosystem which includes various species of birds, mammals, reptiles, insects, fish and plants set against a scenic backdrop dominated by view plains of the surrounding Roaring Fork Valley ridgelines and the Roaring Fork River; WHEREAS, the Property lies within a scenic corridor at the historic entrance to the Town of Carbondale, where recent development in the vicinity of the Property and the Town of Carbondale threaten to degrade the biological integrity as well as the rural and scenic character of the Property and surrounding area; WHEREAS, the specific Conservation Values of the Property will be documented in an inventory of relevant features of the Property kept on file at the office of the Trust ("Baseline Documentation"), which consists of reports, maps, aerial and ground photographs, and other documentation that the Parties agree provide, collectively, an accurate representation of the Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant; WHEREAS, Grantor intends that the Conservation Values of the Property be preserved and maintained by the continuation of land use patterns on the Property existing at the time of this grant, including, without limitation, those relating to agricultural purposes and the active irrigation of the land for the production of hay and pasture grasses to be consumed by livestock grazing and corralled on the land, which uses the Trust acknowledges and agrees do not significantly impair or interfere with the Conservation Values; WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to preserve and protect the Conservation Values of the Property in perpetuity; WHEREAS, 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 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and is a publicly supported organization as described in Section 170(b)(1)(A) of the Code, whose primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of the Roaring Fork Valley area, Page 2 of 27 1111111 11111 HMV 111 11111 111 111111 111 11111 11111111 565188 12/15/2004 08 284 81648 P36 M ALSDORF 3 of 27 R 136.00 D 0 00 GARFIELD COUNTY CO including the area in which the Property is located, by assisting landowners who wish to protect their land in perpetuity, and is a "qualified organization" to do so within the meaning of Section 170(h)(3) of the Code; WHEREAS, the people of the State of Colorado have recognized the importance of private efforts toward the preservation of natural systems in the State by the enactment of C.R.S. 38-30.5-101 et seq.; and WHEREAS, the people of Garfield County and the Town of Carbondale have expressed the importance of protecting and conserving agricultural lands, open space, and scenic vistas through passage of a Garfield County Comprehensive Plan of 2000 and a Town of Carbondale Three Mile Area Plan of 2000; and WHEREAS, the Board of Directors of the Trust has duly adopted a resolution approving the Trust's execution and acceptance of Conservation Easements. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, and in particular C.R.S. 38-30.5-101 et seq., Grantor hereby voluntarily grants, assigns, and conveys to the Trust, its successors and assigns, a Conservation Easement in Gross in perpetuity, consisting of the rights and restrictions enumerated herein, over and across the Property (the "Easement"). This Grant of Conservation Easement shall be subject to prior reservations, easements, encumbrances, and exceptions of record related to the property, except as otherwise set forth herein. 1. Purposes. The purposes of this Easement are to assure that the Property will remain forever predominantly in its agricultural, scenic, natural and open space condition, subject to the uses of the Property permitted hereunder, and to prevent any use of the Property that will significantly impair or interfere with the Conservation Values of the Property and, in the event of their degradation or destruction, to restore such Conservation Values ofthe Property. Grantor intends that this Easement will confine the use ofthe Property to such activities, including, without limitation, those involving ranching, farming, and general conservation purposes, as are consistent with the purposes of this Easement. Pursuant to the terms of C.R.S. 38-30.5-101, et seq., the Property preserved hereby may not be converted or directed to any uses other than those provided herein. 2. Baseline Documentation. The Parties acknowledge that Suzanne Fusaro, a person familiar with Conservation Easements, the Property, and its environs, has prepared a primary Baseline Documentation of the Property. The Baseline Documentation has been reviewed and approved by the Trust and the Grantor as an accurate representation of the biological and physical condition of the Property at the time of this grant. Grantor will retain a copy of the Baseline Documentation for its records and a copy of the Baseline Documentation will be on file with the Trust. 3. Rights of Trust. To accomplish the purposes set forth herein for this Easement, Grantor conveys the following rights to the Trust, with such rights to be exercised subject to Trust's reasonable judgment: Page 3 of 27 1 llllll 11111 II11I11 Ili 111111 llll 11111111111111111111111 665189 12/16/2004 08;28A B1648 P37 11 ALSDORF 4 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO A. The right to identify, preserve, and protect the Conservation Values of the Property in perpetuity; B. 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; provided that such entry shall be upon twenty-four hour prior notice to Grantor, and shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property, and except that no such notice shall be required in the event the Trust reasonably believes that immediate entry upon the Property is essential to prevent or mitigate a 'violation of this Easement; C. The right to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement, or which may threaten or significantly impair the Conservation Values of the Property, and to require the restoration of such areas or features of the Property that are damaged by any inconsistent activity or use; D. The right to enhance the Conservation Values along the Roaring Fork River and any other area within the Easement Property with Grantor's prior written approval, by planting, grading, irrigation, water channel restoration, streambank stabilization, spawning habitat construction and improvement, and any other activities as may be necessary to restore or enhance the Conservation Values ofthe Property, at the discretion ofthe Trust; and E. Any other rights that both Parties may approve that are consistent with the purposes of this Easement and the Conservation Values. 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, unless specifically allowed elsewhere in this Easement: A. Any change, disturbance, alteration, or impairment of the relatively natural habitat for plants, wildlife, or similar ecosystems within and upon the Property, except as provided herein; B. The construction or placement of any buildings, structures, parking lots, camping accommodations, golf courses, mobile homes, boat ramps, billboards or commercial signs, except as expressly provided herein and except those existing on the date of this grant and as documented in the Baseline Documentation; the conveyance of easements, rights-of-way, the paving or grading of roadways or the construction of any roadways without the consent of the Trust, which consent shall be in the Trust's sole discretion; C. The removal, destruction, or cutting of native vegetation outside of an approved building envelope, except as permitted in Sections 5C and 6, below; Page4 of 27 1111111111111111111131111111 Ilit1111111 11itl 655185 12/16/2004 08:28A 51648 P38 ri RF 5 of 27 R 136.80 D 0.00 GARFIELD COUNTY CO D. The intentional introduction, or failure to prevent the introduction or spread of noxious weeds such as those as identified by the Colorado Weed Management Association, other than for agricultural uses consistent with generally accepted practices as defined by the U.S. Department of Agriculture Natural Resources Conservation Service (hereinafter "NRCS"), or other such governmental entity as may be qualified at the time to oversee such practices; E. The overgrazing of livestock as determined by an expert in livestock management, or other ranching or farming practices which result in "low to a modeual wed at the lame ite" s itoquality e as defined by the NRCS, or other such entity as may be q ch practices; F. The use of pesticides other than for the control of noxious weeds and/or pests in a manner consistent with sound environmental conservation practices, such as those determined by the NRCS; G. Subsurface Mineral Rights: Grantor shall not sell, transfer or otherwise separate Grantor's share of the mineral rights to oil or natural gas from the Property, except that Grantor may lease to a third party the right to explore for or extract oil and gas from below the surface of the Property; provided, however that such activities occur only in a manner that is consistent with the meaning of Section I 70(h) of the Code and Section 1.170A -14(g) of the Treasury Regulations. Any disturbance of the surface of the Property for the exploration of subsurface minerals in a manner that is inconsistent with the meaning of Section 170(h) of the Code and Section 1.170A -14(g) is prohibited. H. 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 shall Grantor explore for or extract soil, sand, gravel, rock, or other minerals from the surface of the Property; The use of any motorized vehicles off roadways now existing or new roadways permitted herein, with the exception of the use of motorized vehicles incidental and necessary to the use of the Property for agricultural purposes; J. The establishment or maintenance of any commercial feed lot, which shall be defined for purposes of this Easement as a permanently constructed confined area or facility within which the land is not grazed or cropped annually for purposes of engaging in the business of the reception and extended feeding and finishing of large numbers of livestock for hire; K. The establishment or maintenance of any commercial or extractive tree farm; L. The storage, dumping or other disposal of trash, ashes, garbage, toxic and/or hazardous materials on the Property, other than the collection and disposal of agricultural products and byproducts on the Property including tree limbs, scrap lumber and other organic Page 5 of 27 1111111 nui nmii is miu ilii iiiini iii nisi Eli 1111 665189 17/16/2004 08:28A 61648 P39 h AL5DORF 5 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO materials incidental and necessary to the use of the Property for agricultural purposes and in accordance with all applicable governmental laws and regulations. This prohibition does not impose any liability on the Trust, nor shall the Trust be construed as having Iiability as a "responsible party" under The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), or similar federal or state statutes; M. The manipulation, diversion, or other alteration of streams that degrades or destabilizes their natural banks or shorelines, other than those activities consistent with responsible irrigation practices; or as temporarily necessary for bank stabilization activities as described in Section 5H;. N. The degradation, pollution, or drainage of any designated wetlands or naturally occurring surface or sub -surface water, except that irrigation patterns and ditches may be altered to reduce areas of standing water for insect and disease control; 0. Any change in the topography of the Property through the placement therein of soil, land fill, dredging spoils, or other material, except as incidental and necessary to the activities permitted herein; P. Any use that would increase, or substantially add to the risk of soil erosion; 0. Any commercial or industrial uses, except those incidental and necessary to the use of the Property for agricultural purposes, which are specifically permitted. "Home occupation" uses that do not threaten or significantly impair the Conservation Values of the Property, including artist's studios, wood shops, and the like, shall be permitted within an approved building envelope located on the Property, as defined in Subsection 6A and Exhibit B, provided that such use does not interfere with Grantor's quiet enjoyment of the Property. Employees shall not be permitted on the Property for home occupation purposes; R. The erection, construction, installation, relocation or use of a communication facility, a telecommunication facility, a network element or any other telecommunication facilities, equipment or material that may be used for telecommunications or to provide such services, except for in-home networking, wireless telecommunications access, or other low -impact telecommunications services, S. Utility lines or substations not necessary and directly related to uses of the Property permitted by this Easement and except any pre-existing lines; T. Wind -powered electric generators to produce electricity for off-site use; U. Hunting or trapping, other than for predator control as necessary for agricultural operations on the Property. if the Property reverts to wildlife habitat or is no longer used for agricultural purposes pursuant to Subsection 5F, below, hunting or trapping will not be permitted; Page 6 of 27 11 1111 11111111111 111 11111 111 111111 IV 11111 111 1111 66018s 12/15/2004 08:28A B1648 P40 11 RLSOORF 7 of 27 R 138.00 D 0.00 GARFIELD COUNTY CO V. External lighting, including landscape lighting and driveway lighting, which impairs the Conservation Values of the Property, with the exception of lighting for agricultural, security and safety purposes; W. Except as permitted in Sections 5B, 5F and 11, herein, Grantor may not transfer, encumber, sell, lease or otherwise separate from the Property the "Dedicated Water Rights" (as defined in Section 11). 5. Consistent Uses of the Property. The following uses and practices by Grantor, though not an exhaustive recital, are consistent with this Easement. Certain of these consistent uses and practices are identified as being subject to specified conditions, to the notice provision as described in Section 7 herein, and to the requirement of and procedures for prior approval by the Trust as described in Section 8 herein: A. Grantor may repair or replace existing fences. New fences may be built for purposes incidental and necessary to the management of livestock and wildlife in compliance with the current Colorado Division of Wildlife (hereinafter "DOW") specifications for fencing in wildlife migration areas. Fencing constructed for the purpose of excluding wildlife from haystacks, gardens, orchards, and the like must not block or hinder normal wildlife movement or migration, and should not exceed eight (8) feet in height; B. Leasing of lands with appurtenant Water Rights for agricultural purposes; C. Such cutting and removal of dead, dying or diseased timber as may be reasonably necessary for fire protection, disease prevention, safety or agricultural purposes; D. The taking of such reasonable steps as are necessary to control erosion on the Property; E. Changes in agricultural use, including row crops or horse farming, that do not threaten or significantly impair the scenic, open space, or environmental Conservation Values of the Property; F. If agricultural uses prove uneconomical, or Grantor no longer desires to use the property for agricultural purposes, the Property may revert to wildlife habitat. In that event, Grantor agrees that any "Dedicated Water Rights" (as defined in Section 11 herein) that are no longer being used for agricultural purposes shall be subject to the provisions of Section 11, below; G. If, and only if, the Property reverts to wildlife habitat pursuant to Subsection 5F herein, domesticated pets must be leashed, kenneled or otherwise physically restrained outside of the building envelope; The right to construct and maintain rock vane deflectors on the Roaring Fork River as necessary for streambank stabilization and/or flood protection as permitted by the Army Corps of Engineers and the United States Department of Agriculture Farm Service Page 7 of 27 1 iniii 11111 1111111 111 111111 1111 iiiuii m 11111 1111 111 665189 12/16/2004 08 28A B1648 Poi M ALSDORF 8 caf 27 R 136 00 b 0 00 GARFIELD COUNTY CO Agency, and/or other entity as may be qualified at the time to approve and conduct such work; 1. The right to restore damage to the Property that may be caused by fire, flood, storm, earth movements, or acts beyond the Grantor's control; J. The right, mutually with the Trust, to enforce against and prevent any prohibited action set forth herein on the Property against any individual or entity; K. The right to erect appropriate signage and fencing, upon review and approval of the Trust, indicating the presence of the Easement and the boundaries thereof; and L. Rights of access on, over and across the Property in a manner consistent with the maintenance and preservation of the Property and the Conservation Values set forth herein. 6. Reserved Rights. Grantor reserves to itself and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to reside on the Property and to engage in, or permit or invite others to engage in, all uses of the Property that are not prohibited herein and that are consistent with the purposes of this Easement, including the following rights: A. To separate from the Property, one (l) lot not to exceed four and one-half (4'V) acres in size, together with a proportional amount ofthe Water Rights, subject to the terms of this Easement (hereinafter "Lot A"). The remainder of the Property after such separation shall hereinafter be caned the "Remainder Property" and shall include all Dedicated Water Rights (as defined in Section 11 herein); B. To erect and maintain one (1) single-family homesite on Lot A with a limited building and disturbance envelope (hereinafter "building envelope") not to exceed two (2) acres in size, with a building footprint, inclusive of all structures, not to exceed six -thousand five hundred (6,500) square feet. The location ofthe building envelope on Lot A is generally shown in Exhibit B, herein; however, the final location of the building envelope within Lot A is subject to change so as to accommodate the most area outside of the 100 -year flood plain without Trust's prior approval. Grantor has the right to construct additional improvements in this building envelope accessory to the single-family residential use of the Property or reasonably necessary to the agricultural use of the Property, including an accessory dwelling unit, garage, greenhouse, barn, shed, art and craft studio, fences, gardens, orchards, decks, lawns, roads and other disturbances; C. Limited trimming of vegetation in select areas outside of the building envelope on Lot A will be permitted to allow the creation of view planes from the homesite to the Roaring Fork River; provided, however that such trimming does not increase the risk of erosion and minimizes destruction of wildlife habitat or other ecological Conservation Values of Page 8 of 27 1 iniii 11111 nuui 111 11111 ilii 1iDIl 111111111111 IE 565189 12116/2004 08 28A 81648 P42 M ALSDORF 9 of 27 R 136.00 D 0 00 GRRFIELD COUNTY CO the Property, as determined by the Land Trust. Grantor agrees to survey such view planes to specifically describe the location and scope of permitted trimming activities before any such activities commence, and to obtain Trust's prior approval of the location and scope of such view planes before having them surveyed, This survey shall be completed no later than October 30, 2004 and shall be added to this Deed as Exhibit D. The amended Deed shall be rerecorded with the Garfield County Clerk and Recorder; D. Utilities and utility easements over and across the Property as needed for the development and maintenance of Lot A, and three (3) additional homesites located adjacent to and north of the Property, on the North Parcel (as generally shown in Exhibit 8, herein), and utilities as located in existing utility easements. Such utilities and utility easements may include, without limitation, water and sewer lines, telephone and communications tines, electric and gas lines, and other utilities necessary to the development of such homesites. The location of such utilities and utility easements is not specifically described herein, and does not require Trust's approval, Grantor has the right to clear vegetation on the Property as is reasonably necessary to construct and maintain such utilities; provided, however that such action is designed to minimize impacts to the Conservation Values of the Property, and is subject to remediation to restore the Property to its condition prior to such action as closely as possible. All utilities, including electric and telephone lines, shall be buried wherever and whenever possible, and shall located within access easements wherever and whenever possible; E. A maximum of two (2) access roads, not to exceed twelve (12) feet in width (except as necessary for cul de sacs, pull outs, or other County land use requirements, in which case road width may not exceed sixteen (16) feet across). Such roads shall be located within two (2) access easements not to exceed thirty (30) feet in width, each, over and across the Property as needed to access Lot A and lots north of and adjacent to the Property on Coffman Ranch. From the intersection with County Road 100 for a distance of 50 feet onto the Property, the access easement may be as wide as 50 feet. The location of such roads and access easements does not require Trust's prior approval. Grantor has the right to clear vegetation and alter the surface of the Property as is reasonably necessary to construct and maintain these roads within the access easements; provided, however such alterations are designed to minimize impacts to the lands traversed and to the Conservation Values of the Property. Such roads shall be built at surface grade whenever and wherever possible, and may be paved; F. The general locations of the improvements described above, including Lot A, the building envelope, and access roads, shall be as shown on Exhibit 8. in the event that the locations of these improvements change from those described in Exhibit 8, herein, such changes shall be recorded in an amended Exhibit 8, and the Deed of Conservation Easement shall be rerecorded to reflect these changes. In addition, the amended Exhibit B may show the locations of additional improvements allowed herein, that are not shown on the original Exhibit B; Page 9 of 27 11111111111111111111111111111111 lllli111111111111111111 655189 12/16/2004 08 28A 51648 P43 11 ALSDORF 10 of 27 R 138.00 D 0.00 GARFIELD COUNTY CO G. The right to construct no more than two (2) structures for agricultural purposes (such as hay sheds or loafing sheds), not to exceed two -thousand (2,000) square feet in size, collectively, on the Remainder Property; provided, however, that such improvements are not located in a riparian, wetland or forested area of the Property, and are not fully enclosed (such as hams or residences). Trust's prior approval is not required for construction or placement of such structures; H. The right to take any appropriate legal measures to adjust the northern boundary of the Property to the centerline of the Roaring Fork River, or to establish such similar boundary as is appropriate to the Property; provided, however, it does not decrease the total acreage of the Property or diminish its Conservation Values. Any acreage that may be added to the Property as a result of this process shall be incorporated into the Remainder Property and shall be subject to the terms of this Deed of Conservation Easement. Grantor agrees that when and if such boundary is changed, this Deed shall be amended to reflect the revised legal description of the Property and rerecorded in a timely fashion; and Subject to Section 11, below, Grantor shall retain, reserve, and preserve the right to use the Water Rights appurtenant to the Property, including but not limited to groundwater, appropriated, and augrnented Water Rights, including such new Water Rights as may be developed as incidental and necessary to the maintenance and protection of the agricultural character, scenic, environmental and other Conservation Values of the Property, and to irrigate the Property. Grantor shall have the right to construct, maintain, and improve irrigation fixtures, headgates, ditches, water wells, and other water systems on the Property consistent with the uses permitted hereunder, Grantor, or any other interest holder in the Slough or Union Ditches, may manipulate, enlarge, relocate, or change diversion points andlor ditch alignment or otherwise alter ditch(es) for irrigation purposes. 7. Notice of intention to Undertake Certain Permitted Actions. When specifically required herein, Grantor, its successors and assigns, shall provide reasonable notice to the Trust prior to undertaking any new permitted activities within the Easement. Property in order to afford the Trust an opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purposes of this Easement. Whenever notice is required, Grantor shall notify the Trust in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question, unless a different time period for the giving of notice is approved by the Trust for the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Trust to make an informed judgment as to its consistency with the purposes of this Easement and the Conservation Values. 8. Trust's Approval. Whenever a provision of this Deed requires that Grantor obtain the Trust's approval of any activity on or use of the Property, such approval shall not be unreasonably withheld or delayed. Where the Trust's approval is required, the Trust shall grant or withhold its approval in writing within thirty (30) days of receipt of Grantor's written request therefor. The Trust's Page 10 of 27 I lulu 11111 1111111 ill iiuii 1111 iiiiui ill mm ill ini 665189 12/15/2004 08:28A 81648 P44 M RLSDORF 11 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO approval may be withheld only upon a reasonable determination by the Trust that the action as proposed would be inconsistent with the Conservation Values or the purposes or terms of this Deed and the reason(s) for such a determination shall be set forth with specificity by the Trust in a written notice to Grantor. Where a reasonable modification of the proposed use or activity by Grantor would render the same consistent with the purposes of this Deed and the Conservation Values, the Trust shall specify, in such written notice to Grantor, such required modifications. In the event such grant, denial, or conditional approval is not made by the Trust within such a time period, the Trust shall be deemed to have approved the action giving rise to the notice. 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 Deed. The Trust may enter the Property for the purpose of inspecting for violations in accordance with Subsection 3B above, If the Trust finds what it believes is a violation, or a threat of a violation, the Trust shall notify Grantor in writing of the nature of the alleged violation. Upon receipt of this written notice, Grantor shall immediately discontinue any activity that could increase or expand the alleged violation and shall either: (1) restore the Property as best possible to its condition prior to the violation in accordance with a plan approved by the Trust; or (2) 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, both parties agree to meet as soon as possible to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute pursuant to Section 9.1 below. Should Grantor not immediately discontinue any activity that could increase or expand the alleged violation; or should mediation fail to resolve the dispute within sixty (60) days of Trusts written notice to Grantor of the alleged violation, or by such other date as the parties may mutually agree, the parties may take appropriate legal action pursuant to the Sections below. The Trust's remedies described in this Deed shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of scenic or environmental values. The failure of Trust to discover a violation or to take immediate legal action shall not bar Trust from doing so within one year from the date upon which the violation occurred pursuant to C.R.S. § 38-41-119. 9.1 Mediation. If a dispute arises between the parties concerning the consistency of any proposed use or activity with the purpose of this 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 request made in writing upon the other, Within ten (10) days of the receipt of such request, the parties shall select a single trained and impartial mediator with experience in conservation easements and other land preservation tools, if the parties are unable to agree on the selection of a single mediator, then the parties shall, within fifteen (15) days of receipt of the initial request, jointly apply to a proper court for the appointment of a trained and impartial mediator with experience in conservation easements and other land preservation tools. Mediation shall then proceed in accordance with the following guidelines: A. Purpose. The purpose of the mediation is to: (1) promote discussion between the parties; (2) assist the parties to develop and exchange pertinent information Page 1 1 of 27 i imii 11111 miui iu olio iui iiimi m alai m uii 666189 12/16/2004 08:28A 81648 P45 M ALSDORF 12 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO concerning the issues in dispute; and (3) 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 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, attending all sessions scheduled by the mediator. Representatives of the parties with settlement authority will attend mediation sessions as required by the mediator. C. Confidentiality. All information 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 party in any subsequent litigation. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceedings or construed as an admission of a party. D. Time Period. Neither party shall be obligated to continue the mediation process beyond a period of sixty (60) days from the 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. 9.2 Injunctive Relief. The Trust may bring an action at law or in equity, ex parte as necessary, in a court of competent jurisdiction, to enforce the terms of this Grant and to enjoin by temporary or permanent injunction a violation, including to require or cause the restoration of the Property to the condition that existed prior to the violation, under the following circumstances: A. If the Grantor, after receipt of a notice of violation from the Trust, fails immediately to discontinue any activity that could increase or expand an alleged violation; or B If Grantor, after receipt of a notice of violation from the Trust, fails within ten (10) days either to provide a written explanation to the Trust of the reason why the alleged violation should be permitted, or to begin restoring the Property as best as possible to its condition prior to the violation; or C. If Grantor, after commencing to restore the Property to its condition prior to a violation, fails to continue diligently to cure the violation. 9.3 Damages. The Trust shall be entitled to recover damages for violation of the terms of this Easement or injury to the Conservation Values, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values. Without limiting Grantor's liability therefor, the Trust, in Page 12 of 27 1 111111 11111 1111111111111111111111111111111111111111111 655189 12/16/2004 08.288 81648 P46 !1 ALSDORF 13 of 27 R 136.00 D 0.00 GARF'IELD COUNTY CO its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. 9.4 Emergency Enforcement. If the Trust reasonably believes an ongoing or threatened imminent activity violates the Easement, the Trust may, in its sole discretion, take immediate legal action as set forth in this Section 9 without prior notice to Grantor and without waiting for the period provided for cure to expire. 9.5 Actual or Threatened Non -Compliance, The Trust's rights under this Section 9 apply equally in the event of either actual or threatened violations of the terms of this Easement. Grantor agrees that the Trust's remedies at law for any violation of the terms of this Easement are inadequate and that the Trust shall be entitled to the injunctive relief described in Subsection 9.3, both prohibitive and mandatory, in addition to such other relief to which the Trust may be entitled, including specific performance of the terms of this Deed, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. 9.6 Costs of Enforcement. All reasonable costs incurred by the Trust in enforcing the terms ofthis Easement against Grantor including, without limitation, costs and expenses of injunction or suit and reasonable attorney's fees, and any costs of restoration necessitated by Grantor's violation of the terms ofthis Easement shall be borne by Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action each party shall bear its own costs. 9.7 The Trust's Discretion. Enforcement of the terms of this Easement shall be at the sole discretion of the Trust, and any forbearance by the Trust to exercise its rights under this Easement in the event of any breach of any term ofthis Easement 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 or of any of the Trust's rights under this Easement. No delay or omission by the Trust in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 9.8 Waiver of Certain Defenses. No action shall be commenced or maintained to enforce the terms of any building restriction described in this Easement, or to compel the removal of any building or improvement, unless said action is commenced within four (4) years from the date of the violation for which the action is sought to be brought or maintained. To the extent that any defense available to Grantor pursuant to C.R.S. Section 38-41-119 is inconsistent with the foregoing, such defense is waived by Grantor. Grantor waives the defenses of laches, estoppel and prescription with regard to the enforcement of all other terms of this Easement. 9.9 Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle the Trust to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. Grantor is not responsible for acts of third parties that are out of Grantor's control, except that Grantor is responsible for guests and other third parties authorized by Grantor to access the Property. Page 13 of27 11111 11111 111 �1111111111111111111111!I 111111 MIK 666189 12/16/2004 08:28A 61648 P47 M RLSDORF 14 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO 10. Access. Nothing contained herein shall be construed as affording the public access to any portion of the Property, although the Grantor may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is consistent with the terms of this Deed. Perpetual, private, non -motorized access to the Roaring Fork River as it crosses the Property is permitted for the future owner of Lot A, and for any future owners of the North Parcel or any lots located thereon. Any trail to or along the Roaring Fork River in this zone shall be designed to minimize impact to the wetland, riparian, wildlife and scenic Conservation Values of the Property, and shall remain in an unimproved condition not to exceed three (3) feet in width. Minimal trimming of vegetation as necessary to accommodate such a trail is permitted. The parties also understand and agree that in the event the northern boundary of the Property is adjusted to include acreage to the north of the current Property boundary pursuant to Subsection 6H, the Grantor shall have the right to grant easements for perpetual, private, non -motorized access to the Roaring Fork River as it may cross the land added to the Property, to the future owner of Lot A, and to any future owners of the North Parcel or any lots located thereon. However, all other conditions of access stated in this Section 10 shall also apply to any land added to the Property. 1I. Water Rights, The Property subject to this Easement includes certain decreed and undecreed water rights, ditches and ditch rights, springs and spring rights, wells and groundwater rights, and any other types of rights related to the ownership of water, tributary, non -tributary and not non -tributary, appurtenant to or customarily or historically used or associated with or upon the Property, including, but not limited to, ownership interests in the First Enlargement of the Union Ditch No. 186-A and the Slough Ditch and Banning Lateral No. 193 as adjudicated May 3, 1937 in Garfield County Court Case No. 3082 (see Exhibit C), together with any and all of the rights associated with the historical and beneficial use of any of the embankments, flumes, headgates, measuring devices or other structures that are appurtenant to those water rights, along with all easements and rights of way therefor. Grantor and the Trust agree that a portion of these water rights (collectively "Dedicated Water Rights") must be maintained on the Property to ensure the minimum level of preservation and protection of the agricultural, scenic, and environmental Conservation Values, including wildlife, wetland and riparian habitat, defined more or less as the amount of water traditionally used to maintain the Property's Conservation Values. The descriptions and amounts of these Dedicated Water Rights are not specifically set forth herein. Grantor shall not transfer, encumber, sell, lease or otherwise separate from the Property, or change the historic use of the Dedicated Water Rights, without the prior written consent of and determination by the Trust that such transfer or other change is not inconsistent with the preservation and protection of the Conservation Values, or is justified by technological improvements in irrigation efficiency, or changes in vegetative water requirements. Grantor agrees that any separation of Dedicated Water Rights from the Property allowed by the Trust pursuant to this Section may not later be alleged to be grounds for extinguishment of the Conservation Easement pursuant to Section 13, below. Non - Dedicated Water Rights appurtenant to the Property are not subject to this Easement, and may be sold or otherwise separated from the Property by Grantor; provided, however, that Grantor obtains a water analysis to quantify and specifically describe the Dedicated Water Rights before separating any non - Dedicated Water Rights from the Property. The Trust shall not be entitled to any portion of the proceeds Page 14 of 27 1111111 1111111111111111111111+1111111111111111111111111 665189 12016/2004 08:28A 61648 P48 M RLSDORF 15 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO from such sale of non -Dedicated Water Rights. Grantor also agrees not to initiate actions which would form the basis to adjudicate additional water storage rights without the prior written approval of the Trust, which approval the Trust may withhold in its sole discretion. If Grantor fails to maintain the historic use of the Dedicated Water Rights upon the Property, or those rights necessary to preserve and protect the Conservation Values ofthe Property, Trust shall have the right, but not the obligation to enter upon the Property and undertake any and all actions reasonably necessary to continue the historic use ofthe Dedicated Water Rights in order to preserve and protect the Conservation Values of the Property. Grantor shall not abandon or allow the abandonment of, by action or inaction, any of the Dedicated Water Rights. If the Dedicated Water Rights are under threat of abandonment, or if the Trust approves the separation of Dedicated Water Rights from the Property pursuant to this Section, Grantor agrees that ownership of said Dedicated Water Rights shall pass to the Trust, and the Trust shall have the right to use such Dedicated Water Rights for beneficial conservation purposes on the Property or elsewhere in Garfield County, and to sell or otherwise convey all or part of such rights to the Colorado Water Conservation Board (hereinafter "CWCB"), or other entity qualified at the time of transfer to hold instream flow water rights for the specific purpose of adding instream flow to the Roaring Fork River. In the event of a drought year, when sufficient water is not available to irrigate the entire agricultural portion of the Property, Grantor may elect to irrigate only a portion of the Property, and may sign a "dry year lease" or similar contract with the CWCB, or other entity as is qualified at the time to hold such lease or contract, allowing Water Rights to be temporarily used for instream flow in the Roaring Fork River; provided, however, such lease, contract or change in irrigation practice does not threaten injury or abandonment to any portion of the Dedicated Water Rights. 12. Costs, Liabilities, Taxes and Environmental Compliance. 12.1 Costs, Legal Requirements and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate liability insurance coverage, which na.mes the Trust as an additional insured. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 12.2 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "Taxes"), including any Taxes imposed upon, or incurred as a result of, this Easement, and shall furnish the Trust with satisfactory evidence of payment upon request. The Trust is authorized, but in no event obligated, to make or advance any payment of Taxes, upon ten (I 4) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the Taxes or the accuracy of the bill, statement, or estimate, and the Page 15 of 27 1111111 11111 IIiIHl 111 mill ilii 1111111 iI 111111 111 111 665189 121161204 08:28A B1648 P49 11 PLSDORF 16 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO obligation created by such payment shall bear interest until paid by Grantor to the Trust at the lesser of fifteen percent (15%) per annum, or the maximum rate allowed by law. 12.3 Open Space Conservation Fund Contribution. Upon the initial sale and each subsequent resale of an improved or unimproved Lot within the Property to another Person (excluding gifts, sales or transfers of land to the children and grandchildren of Rex and JoAnn Coffman, and transfers by court order or by will or intestacy), the Lot purchaser shall be obligated to pay to the Aspen Valley Land Trust, or such successor organization as exists at the time of transfer, an Open Space Conservation Fund Contribution in the amount of one quarter done percent (0.25% or gross sales price times 0.0025) of the gross sales price in order that the Trust may continue to preserve open space. The Open Space Contribution is to be paid directly to the Trust at the time of sale or transfer of a Lot. If an Open Space Contribution is not paid to the Trust at the time of sale or transfer of a Lot as provided herein, the unpaid Open Space Contribution shall bear interest at the rate of eighteen percent (18%) per annum from the date of sale or transfer until paid in full, and shall constitute the personal obligation of the purchaser/Lot Owner, and shall be a lien and security interest on the title to the lot being sold which may be foreclosed by the Trust in the same manner as a mortgage on real property. The delinquent purchaser/Lot Owner shall also be responsible for costs and attorneys' fees incurred by the Trust in collecting said unpaid Open Space Contributions, whether by efforts short of collection action or foreclosure, collection action in the courts and/or a foreclosure action. 12.4 Noxious Weeds. Grantor, its successors and assigns, shall comply with the Colorado Noxious Weed Act (hereinafter "Act"), C.R.S. 35-5.5-101, as the same now exists or may be amended from time to time, in connection with the Property. Should Grantor, pursuant to the Act, be required to eradicate any "undesirable plants" (as that terra is described in the Act), Grantor shall work to create a control method of integrated management of such eradication which results in the least possible impact (environmental, biological, or otherwise) to the non -noxious biology and Conservation. Values of the Property, whether such management requires cultural control, mechanical control, chemical control, or any combination thereof. Any and all costs incurred as a result of any required eradication process initiated pursuant to the Act shall be the sole obligation of Grantor. 12.5 Representations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: A. No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Property, except for fuels, lubricants and other substances [e.g. anti -freeze, paint, veterinary medicines] customarily used or transported in connection with camping, wrangling, agricultural and construction activities on the Property; Page 16 of 27 111111111111111111111111111111111111111111 HIE 111 1111 665169 12/16/2004 58 28A B1648 P50 M RLSDORF 17 of 27 R 136.00 0 0.00 GARFIELD COUNTY CO B. There are not now any underground storage tanks located on the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable federal, state, and focal laws, regulations, and requirements; C. Grantor and the Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use; D. But for potential eminent domain proceedings for the establishment of a public roadway across the Property, there is no pending or threatened litigation in any way affecting, involving, or relating to the Property; E. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts or circumstances that Grantor might reasonably expect to form the basis for any such proceedings, investigations, notices, claims, demands, or orders; and F. Grantor warrants that Grantor has good and sufficient title to the Property, that Grantor has good right, full power and lawful authority to grant and convey this Easement, that any mortgages or liens on the Property are and shall remain subordinate to the terms of this Easement, and Grantor hereby promises to 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, which are acceptable to the Trust at the time of execution of the Easement. 12.6 Remediation. If, at any time, there occurs, or has occurred, a release in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Trust, in which case the Trust shall be responsible therefor. 12.7 Control. Nothing in this Deed shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in the Trust to exercise physical or managerial control over the day- to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of CERCLA, and any Colorado state law counterpart. Page 17 of 27 i iniii nisi 1E1111 111 111111 1111 1111111111 111111 1111111 665188 12/16/2004 08 28A 81648 P51 11 ALSDORF 18 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO 12.8 Hold Harmless, Grantor shall hold harmless and indemnify the Trust and its members, directors, officers, employees, agents, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, cause of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement, including, without limitation, CERCLA, by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release of hazardous or toxic substances in, on, from, under or about the Property at any time, of any substance now or hereafter defined, 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 Indemnified Parties; and (4) the obligations, covenants, representations, and warranties of Sections 12.1 through 12.7. 13. Extinguishment and Condemnation. 13.1 Extinguishment. In granting this Easement, Grantor has considered the possibility that uses prohibited by the terms of this Easement may become more economically valuable than permitted uses and that neighboring properties may be used entirely for such prohibited uses in the future. It is the intent of Grantor and the Trust that any such changes shall not be deemed circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to conduct or implement any or all of the uses permitted under this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. If circumstances arise in the future that render the purposes of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other when it first learns of such circumstances. The 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 or extinguishment, shall be determined, unless otherwise provided by Colorado law at the time, in accordance with Section 13.2, below. The Trust shall use all such proceeds in a manner consistent with the conservation purposes of this Easement. 13.2 Proceeds. This Easement constitutes a real property interest imrnediately vested in Trust, which the parties stipulate to have a fair market value of 228% determined by multiplying (1) the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this Deed attributable to improvements) by (2) the percentage of diminution in value to the Property attributed to the Conservation Easement, as determined by appraisal. The values at the time of this Deed shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this Deed, pursuant to Section 170(h) of the Internal Revenue Code of 1986, as amended. Page 18 of27 1111111111111111111111111111111111111111111111111111i11 665289 12/16/2004 08:28A 81648 P52 M fLSDORF 19 of 27 R 136.00 0 0.00 GARFIELD COUNTY CO For the purposes of this Section, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. 13.3 Condemnation. Ifa]1 or any part of the Property is taken by exercise ofthe power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor 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 direct or incidental 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 ofthe amount recovered shall be determined by multiplying that balance by the formula set forth in Subsection 13.2. 13.4 Application of Proceeds, The Trust shall use any proceeds received under the circumstances described in this Section 13 in a manner consistent with its conservation purposes, which are exemplified by this Deed. 14. Assignment. This Easement is transferable by the Trust, but the Trust may assign its rights and obligations under this Easement only with Grantor's consent, which consent shall not be unreasonably withheld, to an organization that is (1) a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended or succeeded, and the applicable regulations promulgated thereunder; (2) authorized to acquire and hold conservation easements under Colorado law; and (3) charged with a mission similar to the Trust's mission. As a condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to carry out and uphold the purposes of this Easement and the Conservation Values and otherwise assume all of the obligations and liabilities of the Trust set forth herein or created hereby. After such transfer, the Trust shall have no further obligation or liability under this Easement. The Trust agrees to give written notice of and seek consent from Grantor for an assignment at least sixty (60) days prior to the date of such assignment. 15. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement, by reference or otherwise, in any Deed or other legal instrument by which it divests itself of any interest in. the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to the Trust of the transfer of any such interest at least thirty (30) days prior to the date of such transfer. The failure of Grantor to perform any act required by this Section shall not impair the validity of this Easement or limit its enforceability in any way. 16. Estoppel Certificates. Upon request by Grantor, The Trust shall within thirty (30) days execute and deliver to Grantor, or to any party designated by Grantor, any document, including an. estoppel certificate, which certifies, to the best of the Trust's knowledge, Grantor's compliance with any obligation of Grantor contained in this Easement or otherwise evidences the status of this Easement. Such certification shall be limited to the condition of the Property as of the Trust's most recent inspection, if Grantor requests more current documentation, the Trust shall conduct an inspection, at Grantor's expense, within sixty (60) days of receipt of Grantor's written request therefor. However, in the event that weather, or other circumstances outside of the Trust's control, prevent the Trust from conducting an inspection within sixty (60) days of receipt of Grantor's written request, the Trust shall Page 19 of 27 1111111 11111 1111111 111 1111 EL 1111111 Ili 1111111111111 665189 12/16/2004 08;28R B1648 P53 M ALSDORP 20 of 27 R 136.80 D 0.00 GARFIELD COUNTY CO conduct such inspection within a timely manner once such weather or circumstances which prevent the inspection no longer exist. 17. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows or to such other address as either party from time to time shall designate by written notice to the other; To Grantor: With a copy to: To the Trust; Rex Coffman 1837 County Road 100 Carbondale, CO 81623 Jessica E. Jay, Esq. Conservation Law, P.C. 52 Meadowlark Drive Evergreen, CO 80439 Aspen Valley Land Trust Martha Cochran, Executive Director 320 Main Street, Suite 204 Carbondale, CO 81623 18. Recordation. The Trust shall record this instrument in timely fashion in the official records of Garfield County, Colorado, and may re-record it at any time as may be required to preserve its rights in this Easement. 19. Amendment, if circumstances arise under which an amendment to or modification of this Easement would be appropriate to promote the purposes of this Easement and the protection of the Conservation Values of the Property, Grantor and the Trust may jointly amend this Easement (in accordance with the Policies of the Trust.) However, the Trust is under no obligation to amend this Easement, and may decline to amend this Easement in its sole and exclusive judgment. No amendment shall be allowed that will affect the qualifications of this Easement under any applicable law. Any amendment must be consistent with the purposes of this Easement and the Conservation Values and may riot affect the Easement's perpetual duration. Any amendment must be in writing, signed by both parties, and recorded in the records of the Clerk and Recorder of Garfield County, Colorado, 20. Subordination. If at the time of conveyance of this Easement, the Property is subject to a Deed of Trust, the trustee shall have agreed by separate instrument to subordinate its rights in the Property to the extent necessary to permit the Trust to enforce the purposes of this Easement in perpetuity and to prevent any modification or extinguishment of this Easement by the exercise of any rights of the trustee deed. 21. General Provisions, Page 20 of 27 11111111111! 111111! 11! 111111 1111 IHI1I 11111111111! 111 665189 12/16/2004 08:28A B1648 P64 17 ALSDORF 21 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO A. Exhibits. The following Exhibits are attached to and incorporated by reference into this Deed of Conservation Easement: Exhibit A: Legal Description of Property; Exhibit 13: Survey of Property and Conceptual Map of Coffman Ranch North Parcel (showing approximate location of Lot A); Exhibit C: Abstacts of Water Decrees; Exhibit D: Survey of View Planes from Lot A to Roaring Fork River (to be added) 13. Definitions. The terms "Grantor" and the "Trust," wherever used herein, and any pronouns used in place of those terms, shall be deemed to include, respectively, Grantor and its heirs, personal representatives, executors, administrators, successors and assigns, and the Trust, its successors and assigns. C. Controlling Law. The interpretation and performance of this Deed shall be governed by the laws of the State of Colorado. D. Liberal Construction, Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the Deed to effect the purposes of this 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 the purposes of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. The common law rules of disfavoring restrictions on the use of real property and construing restrictions in favor of the free and unrestricted use of real property shall not apply to interpretations of this Easement or to disputes between the Parties concerning the meaning of particular provisions of this Easement. E. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder ofthe provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall be deemed severable and remain in full force and effect. F. Entire Agreement. This instrument sets forth the entire agreement between the Parties with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Easement, all of which are merged herein. G. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. Page 21 of 27 I imii mil milli iu uiiii ilii iiiiui iii moil ii im 665189 12/16/2004 0$:28A B1648 P55 M ALSDDRF 22 of 27 R 336.00 D 0.00 GARFIELD COUNTY CO H. Joint Obligation. The obligations imposed by this Easement upon Grantor shall be joint and several (in the event that there is more than one Grantor). I. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. J. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in this Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. K. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. L. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. M. Merger. Unless the parties expressly state that they intend a merger of estates or interests to occur, then no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Deed. Page 22 of 27 111111111111111111111111111111111111111111 llll11111.1111 665189 12/16/2004 08 28A B1645 P55 M ALSOORF 23 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of Conservation Easement as of the date first written above. GRANTOR. By: By: Rex A. Coffman, Owner 'J ` JoAnn G. Coffman" , D e STATE OF i7 } ss. COUNTY 041-)i-441-601 0 ] The foregoing instrument was acknowledged before me this 1-3 day of December, 2004, by Rex A. Coffman and JoAnn G. Coffman as Grantor. WITNESS my hand and official seal. ACCEPTED: KATHLEEN D. SMITH Notary Public S1a%. of Tom Carwa. Exp. 1-22-2ooe ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, By - Martha Cochran, Executive Director D.fl-A4‘ Notary Public My commission expires: .200(e STATE OF COLORADO COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged before me this Cochran, as Executive Director of ASPEN VALLEY LAND WITNESS my hand and official seal. [SEAL] SUZANNE FUSARO NOTARY PUBLIC STATE OF COLORADO MyCornaissZn &Om 11/170e Notary Push. My cornmission expires: 8// -SIC 3 f day of December, 2004, by Martha TRUST, a Colorado nonprofit corporation. Page 23 of 27 111111111111 I1111111111111111111111111111t 1111111111111 665189 12/16/2004 08 2811 B1648 P57 M FELSDORF 24 of 27 R 136.80 0 0.010 GARFIELD COUNTY co 2/05/2084 22:40 9789458655 SCPRROw 8 WALKER INC PAGE 91 EXHIBIT A: Legal Description OONSERVATION A PARCEL OF LAND SITUATED LN GOVT LOTS 12 AND 13, A PORTION OF GOVERNMENT LOT 17 OF SECTION 36 tOWNSIEP 7 SOUTH, RANGE 11 WEST, OF THE SIXTH PRINCIPAL MERIDIAN; ALSO A PORTION OF GOVERNMENT O SBEECTION NG MORE, U`IT TOWNSHIP 7 SO , RANGE 17 WEST OF THE SIXTH PRINCIPAL PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 14, BEING A BRASS CAP L.S. 010732 FOUND1N PIACE AJ'LD PROPERLY MARKED; THENCE 5.0030'00"E. 721.07 FEET ALONG THE EAST LINE OF SAID LOT 1A TO A POINT ON AN EXISTING FENCE, ALSO BEING ON THE NORTHERLY MGM OF WAY LINE OF COUNTY ROAD 100; THENCE ALONG SAID FENCE AND THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FOURTEEN (9) COURSES: 1) 5.79'49731W. A DISTANCE OF 47i1 FEET; 2) S.73'31'13"W. A DISTANCE OF 120.91 FEET; 3) 5.69'43'21"W, A DISTANCE OF 119.48 FEET; 4) S.74'47 25"W. A DISTANCE OF 129.37 FEET; $) 5.11'33'50"W. A DISTANCE OF 622.29 FEET; 6) 9.51' 1171 "W. A DISTANCE OF 701.96 FEET; 7) S.81'3U50"W. A DISTANCE OF 575.90 FEET; THENCE LEAVING SAID FENCE LINE AND THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD N,00'06'45"E. 1012.64 FEET TO A POINT ON THE NORTHERLY EINE OF SAID GOVERNMENT LOT 17; 'THENCE N. 8E31'40" E 869.35 FEET ALONG THE NORTHERLY LINE OF SAID LOT 17; THENCE LEAVING SAID NORTHERLY LINE 5.011'34'37"E. 393,41 FEET; THENCE SA2'25000"E, 314.67 FEET; THENCE S.60' 16'32"E. 46.49 FEET; THENCE 5.89' 58' 11 "E. 63.14 FEET; THENCE N.$0'02'27"E. 267.91 FEET; THENCE N.63'08'55'E.181.90 FEET; THENCE N.ET09'S1"E. 16534 FEET; THENCE N.00'12104"W. 535.23 FEET TO A POINT ON THE NORTHERLY LINE OF SAID GOA LOT 17; TTHENCE 14.W31'40"E. 57.60 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 14 THENCE N.11'31'40"E. 499.1 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14 TO THE NORTHEAST POIIfT OF BEGINNING, SAID PARCEL CONTAINING 31.00 ACRES, MORE OR LESS. ABOVE PARCEL OF LAND BEING TOGETHER WITH AND SUBJECT TO THE FOLLOWING DESCRIBED EASNT. A 30.00 FOOT ACCESS UTILITY AND WELL EASEMENT 'SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE II WEST, OF THE SIXTH PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD #100, WHENCE A FOUND G.LO. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S.26'2643' B. 63827 FEET; T1iENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENTN.5152'551W.70.52 FEET: THENCE CONTINUING ALONG SAID CENTERUNB AND ALONG A CURVE TO THE RIGHT HAVING A. RADIUS OF 100.16 FEET. A CENTRAL ANGLE OF 90'57'11' AN ARC LE NGT'H OF 217.11 FEET ( CHORD BEARS N20`41'43"W. 257.90 FEET) THENCE 5,19'51'11"8. 76.65 FEET; THENCE N80'021271E. 266.55 FEET; THENCE N.63WIVE. 182.1 FEET; THENCE N.17.09'51"E. 39.00 FEET; THENCE N.00'05`04"W. 60.04 FEET TO THE POINT OF TERMINUS. cs M 3 Found 06 Rebar & Alum. Cap, PLS 1 26950 Found 16 Rebar & Alum. N 88°31'40" E Cap, PLS #26950 3472/• )T 4 EMAINDER PARCEL 0.13 ACRES J+/1-) CEIZTE LINE•OF SLO u'v i 301 0ITCI4 EASEMENT) iA 0' . �. .1.=1111M mai.. SGILE 1 It V - 2oa FEET S 00°00'33`" W 66.00' `ti* BRFISS CAP FOUND IN PLACE (WITNESS CORNER FOR THE EAST 1/4 CORNER OF SECTION 36) 1 GOVT car 17 section �36j Ar Firmeoir • Cb LOT 25 (PREVIOUS LOT 20) NORTHEAST CORNER GOVERNMENT LOT 17 BRASS CAP FOUND IN PLACE LS 110732 DATE 2979 2683.86' 4WI Phase 1 Easement Area 08.02c. - Excluding Lots 1-3) a TLL U a) U7 NORTHEAST CORNER GOVERNMENT LOT 14 FU BRASS GAP V IN PLACE LS 010732 Q R.f i � P V Okintliw u 7D Electric Be ient Mc U1 iT01 A3 t11T I C L 3tom' BASIS OF BEARING N 00°00'33" E c (ACCORDING TO THE ROARING ,° FORK RANCH FINAL PLAT, U PHASE THREE) d? 0 sxW1.uG rnvea LILAC !C a s 1 03 03 CO Al GIPRI Iz m� Cr) ^E7 Cr nz 0 ss Ps) o r+ -► m .1111 W 1.6 GI lamiM MMIMimaD GICO — c, ows� rirr 01 MI= 71 Ci r. -0 co c ..»i Z -( mliM 0 0 11111110 1111111 111 111111111 Illi11l 111 II11III 11111! 665189 12/16/2004 08.28A 81648 P59 M RLSDORF 26 of 27 R 136.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B (page 2 of 2) Conceptual Site Plan Coffman Ranch iq q ib 12 ctlIon 36 Eti • i 1 1 t ,i Cof inan Ranch/Slte Plan/North Parcel Rex and Joann Coffman 1937 MO ]toad Carbondale, Colorado 11623 f 1. 111111 11111 1111111 111 1111 11111E11 Win 11 66189 12/16/2004 08:28A 81648 P60 M ALSO ORF of 27 R 136.00 D 0.00 GARFIELD COUNTY CO EXHIBIT C Abstracts of Water Rights 128288 The Union Ditch No. 186-A. Said ditch is numbered 186-A. Under former decrees of the Court it has been awarded Priority No. 265-A for 9.44 cu. ft. of water per second of time relating back to and dated from the 20'h day of April A.D. 1884 under and by virtue of original construction. Said ditch is under this decree entitled to Priority No, 301 for 21.56 cu. ft. of water per second of time relating back to and dating from the 20th day of April, A.D. 1890, under and by virtue of the First Enlargement. The claimants of said ditch arc Alex Cuaz, Arthur B. Dudley, Arthur Bon, Jr. and Mrs Gerbaz, Said ditch is used for irrigation purposes and takes its supply of water from the Roaring Fork River in Garfield County, Colorado. The headgate is located on the South bank of said river at a point which bears from the Southeast corner of Tp. 7 S., R. 88 W. 6`'' P.M. North 52°52' West 2542 feet. The testimony in this case establishes that the water and priority rights and volume of water awarded said ditch under said prior decree have at all times been beneficially used and applied in accordance with the terms of the decree establishing the same and said decree and the priority right thereby awarded are hereby ratified and con firmed. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, That there be allowed to flow into said ditch from said Roaring Fork River for the use aforesaid and for the benefit of the parties entitled thereto and by virtue of the appropriation by First Enlargement, Priority No. 301 for 21.56 cu. ft. of water per second of time relating back to and dating from the 20th day of April A.D. 1890. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, That said Priority No. 301 hereby awarded to the extent of 21.56 cu. ft of water per second of time is hereby made absolute and unconditional. IT 1S FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the total amount of water to which said ditch is at present entitled is computed at 31 cu. ft. of water per second of time. Done in open Court, By the Court. John T. Shumate, Judge. State of Colorado, County of Garfield. 1, N.D. Smith, Clerk of the District Court in and for the County of Garfield in the Ninth Judicial District of the State of Colorado do hereby certify the above and foregoing to be full, true and complete copy of that part of the decree entered in Cause No. 3082 in the County Court entitled: IN THE MATTER OF THE ADJUDICATION OF PRIORITY RIGHTS TO THE USE OF WATER FOR IRRIGATION IN WATER DISTRICT NO. 38 IN THE STATE OF COLORADO, MAJOR BETEMPS, ETAL petitioners, which refers and pertains to the Union Ditch #186-A. Wimess my hand and seal of the said Court in the Court House in Glenwood Springs, County and State aforesaid this 3rd day of May A. D. 1937. N. D. Smith, Clerk. Filed for record June 5, 1937 at 9:45 o'clock A.M. in Book 189 at page 157. 128289 The Slough Ditch and Banning Lateral No. 193. Said ditch is numbered 193. Under former decrees of this Court it has been awarded Priority No. 274 for 6.58 cubic feet of water per second of time relating back to and dating from the 31 day of May, A.D, 1884 under and by virtue of original construction. Said ditch is under this decree entitled to Priority No. 309 for 42.68 cubic feet of water per second of time relating back to and dating from the 31' day of May A.D. 1890 under and by virtue of the First Enlargement, The claimants of said ditch are H. 1. Gardner, Catherine L. Gardener, Daniel Flynn, Estate of Margaret Flynn, deceased, Arthur B. Dudley, Alex Cuaz, Arthur Bon, Jr. and Mars Gerbaz. Said ditch is used for irrigation purposes and takes its supply of water from the Roaring Fork River in Garfield County, Colorado. The headgate is located on the South bank of said river at a point from which the Southeast corner of Section 36, Township 7, south, Range 88, West of the 6`a P. M. bears South 2°3018" last 1545 feet. The testimony in this case establishes that the water and priority rights and volume of water awarded said ditch under said prior decrees have at all times been beneficially used and applied in accordance with the terms of the decree establishing the same, and said decrees and the priority rights thereby awarded arc hereby ratified and confirmed. iT 15 FURTHER ORDERED ADJUDGED AND DECREED That there be allowed to flow into said ditch from said Roaring Fork River for the use aforesaid and for the benefit of the parties entitled thereto under and by virtue of the appropriation by First Enlargement Priority No. 309 for 42,68 cubic feet of water per second of time relating back to and dating from the 31" day of May, A. D. 1890. iT IS FURTHER ORDERED. ADJUDGED AND DECREED That said priority No, 309 awarded, to the extent of 42.68 cubic feet of water per second of time is hereby made absolute and unconditional. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT, that the total amount of water to which said ditch is at present entitled is computed at 49.26 cubic feet of water per second of time. Certified to on May 3, 1937 as a true copy by N.D. Smith, Clerk of the District Court of Garfield County, Colorado. Done in open Court, By the Court: John T. Shumate, Judge. Filed for record June 5, 1937 at 9:47 o'clock A.M. in Book 189 at page 160. ex-A, b!f a#achcd Recorded 11111111 1111111111111111111111111111111111 I 1111 1111 1111 Reception 543446 12/19/2003 03:17P 81548 P762 M RLSDORF 1 of 1 R 6.80 D 0.00 GARFIELD COUNTY CO QUITCLAIM DEED 12e e ded t The grantor, Rex A. Coffman and Joann G. Coffman, whose address is 1837 County Road 100, Carbondale, CO 81623,E Garfield County, Colorado for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has remised, released, donated and QUIT CLAIMED, to Aspen Valley Land Trust, whose address is 320 Main Street, Suite 204, Carbondale, Colorado 81623, Garfield County, their successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to all rock and gravel on the property, including the right to extract the same by any method, as reserved pursuant to that certain Warranty Decd dated November 24, 195$ and recorded in the real property records of the Garfield County Clerk and Recorder at Book 312, Page 390, under Reception No. 203497, or from any other source, in the real property located at: 1837 County Road 100, Carbondale CO 81623. and that Quitclaim Deed dated 1 ai I / 9/ 0 003 and recorded in the real propert records of the Garfield County Clerk and Recorder at Book /.51148 , Page `} 3 / , under Reception No. (p 4r.{ -Jr/ tj , or from any other source, in the real property located at: the legal description set forth in Exhibit A, Garfield County, Colorado also known as street and number 1837 County Road 100, Carbondale, CO 81623 Sy r and delivered on: Rex A. Coffman nn G. Coffman State of County of This document was acknowledged before me on My commission expires: itYrin fx',r )5, 2005 vfVL Aspen Val 119 La not Trp st 32:U Maio Sir on, ,;",Iite 204 'C:arbuTit :.w, CO S1623 .)cry 3 Date Date ) Subscribed and Sworn: LPn7be( /3, 603 , by Rex A. Co man and Joann G. Coffman. aix:v _&)(17/ft Notary KATIE BURTON Wary Pubic - State of Arizona MAPICOiNk COUNTY Oorsirn. y:pkrea D t . t fis "yD46 } w$ �TT7 TTT T TT aE co: h - u_ 0 Q0_Li% tegm • Mil N Ce BIM.�1. 0 w .l Order Number 476 SCHEDULE A ( 4.7) LEGAL DESCRIPTION -- /.1/ rz rN PrIkc PARC=L 01 LA2D S ITQAT=D LA OOVE212012T LOTS 11, 13r 16, 17 AND A PORTION 07 LOT 15 SACTI02 36 TOWN9EIP 7 SOUTH, IMMIX i4 HIST, Of TEE SIXTH 2103KIPLf mIDIA21 LOT 14, SZC?102 33, TQ1f7[BRIP 7 SOUTH, I.&NOX 87 2118? 01 711 SI.X71 PRI$CIFL1 NSRIDIAA DING 201.3 PARTICOLA1LI D=9CR29ID AS FOLLOWS' COMMENCING AT TAX NORTHEAST CORM 01 S1.3D GOVIRNMENT LOT 14 p&1= 7523 NORTHEAST CURT= 01 82CTIOl 1, TOWNSHIP 6 SOUTH, RANCE 88 NAST O1 THE 67H PRINCIPAL AXRIDIA3I STARS 8 13'22'07" 2 5162.73 FRIT; TEXT= 8 00'30'00" S., 716.87 12=7 A1.O20 781 1168^1' LINI 01 SAID GOVIRNMENT LOT 141 TRANCE ALOA0 1. 1R L/NE BRING T8= NORTHERLY RIa38T 01 MAY 01 COUNTY ROAD 100 TAX FOLLOWING 'FOURTEEN (14) COUR3281 1) 8 79■49'23" R A DISTANC3 OF 47.57 MI; 2) 2 73'31'13. 2 A DI9TA1CI 01 12.0.95 1'3631 3) 8 69'43'216 A A DISTINCT 01 119.46 TEAT? 4) 8 74`47'25" A A DISTAMCJ 01 129.37 71171 5) a 81.33'50" 11 A DISTANCA d1 622..29 1711T; 6) 8 81'11'21" 2 A DISTAXCX 01 701.91 7117, 7) 8 53.'30'50" 11 A DIWTANCA O1 984.74 MITI 8) 2 83'53'04' 11 A DISTAD 01 314.46 2627, 9) 8 66°24'260 R A DISTINCT 01 159.69 FEET, 10) 8 87'37'15" 2 A DISTANC1 01 112.30 TZITP 11) 2 69°060086 A A DI87RN= 01 423.29 FUT1 12) 2 81'16'361 2 A DISTANCE 01 122.15 TUFT; 13) H 88.14'12" 2 A. DISTANCE 01 146.07 11.E3`1 14) a 83644'011 A 61.10 FEXT TO TEX SOUTSI*BT COMER O1 A TRACT 07 LAND A8 D1BCRTH7Cti IN PIAT 3002 763 FAUN 7271 TUX= CONTINUING ALONG SAID TbICI LIN1 2=120 THU WORTH71i1.T RIGHT 07 WAY 01 COUNTY ROAD 100 THE 701.LO23.20 FIVI (5) COIIR8s9= 1) X 88.09'40" w A DISTANCE 01 176.03 17L=?7 2) 8 89.41'20' N A DIBTAAC2 OF 149.39 BATT 3) 8 59.04'10' 2 A DIBTANCI 07 783.90 111121 4) 8 88644'28" 1f A DISTANCI 07 30.21 FST TO TEX 30LTTH1A2T CORN= 01 A PARCZI, O1 LAND A8 DISCRIUD IN PIAT 300!5 765 FACIA 933, 5) 8 88°44'336 2 511.81. ram? 3O 'TXT SOS CORNER O1 A TRACT O1 LAND AB =SCRIPED IT FLA? 3007 765 PAGE 933; TSS A 15.30'441 2 192.83 11121 T221C1 8 87°211450 2 227.54 722T1 THICK= X 79'07'46' = 170.81 71122, TWCI 8 04'37'27" 3 114.61 112? TO A POINT ON TEX NORTHEAST CORNER 01 A TRACT 01 LAND AS DI8CRI33D IN PLAT 8002 763 9101 727, THENCE 8 $4.37'27" 1 11.95 7EsT1 S 81641'42" 1 67.60 7ETT; TEMA= A 82004'260 = 266.62 FAIT; 7XXAC6 A 79'04'46" E 270.50 'Tyr/ THINCI X 02144'096 X 115.26 FEAT; TETI = X 22609'51" 8 22.78 Tx= TO A POINT ON TAX 2 171RL! LINN Of 00VER1om 7 LOT 161 TAXA= if 00.10'33" 11 1412.92 1327 ALONG TE 1f1STS1LLT LIN1 01 SASD GOV'1Rr! Continued on next psis Continuation of 8ahadul• A - L.ga1 D*ucriptioa ordar liunbax^r 426 (7- 0 I 2)) LOT 16 TO Tim 004TI CORNER 07 fA3;D Wommarr LOT 131 TERME X 04.10.33* W 074.93 PUT ALCaG 6A= 1aUT6t LT L336J TO Tal NORTNNEST CORKER 07 RAID GOVIMpurr LOT 13 (ICE TIN WITIIaB CORM. MARI 1 00'14'33' 1 10.40 FRET), TEEN= X 19'03'22+ 1 065.30 :NM ALONG Tia XO1TUORLT LINZ 07 6A= GOVERNNINT LOT 13 TO 'TUX SOT COMEX O7 RAID LOT 1.21 X 19'12''40■ Z 494.20 MET ALS BALD NOMMILY LIU TO Tim mommArr CORNER 07 OAm LCT 12,1 TRENOZ 0 00°43'20" 1 697.33 PUNT ALONG Tia WT1 L7 2.3311 07 SAID QOV XMMINT LOT 13, TO TEX sourzmaiT Comm C7 SAID LOT 12) ?MINOR1 00.36'40" 1 602.39 FET ALONG TEN 1AAT1a y LIME 07 00vERN NEXT LOT 17 TO AT ARGUE POINT 0R TZX NORTIZ1lL7 LIOY OF SAID GOVNINNINT LOT 171 MINOR X 89031,40w 0 2603.60 FI: TO TM WOMMEAM CORNER 07 RAID GOVZINENNT LOT 14, 8UD POINT ALSO MING Til POINT of frim 701 Tina Deno210TXO*. 0t3WTY 07 QilIt7ISLD STAT' 07 COLORADO 8 1-. MIMI IL NMM4 W Amo ars u� 111 fV W N ail 63oc `� f -to mim 4a - Ins to el P1 • AIM 11111 111111 111111 ill 111111111111111 1111 651471 es/€3/2084 04:15p B1884 P381 f4 Rto50WRF 1 of 2 R 11.00 D e.ee GARFIELD COUNTY CO HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS. that the undersigned, REX A. COFFMAN and JOANN G, COFFMAN and ASPEN VALLEY LAND TRUST (hereinafter called 'Grantors"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address Is P. O. Drawer 2150, Glenwood Springs, Colorado (hereinafter called "Grantee') and to its successors and assigns, the right of ingress and egress across lands of Grantors , situate in the County of Garfield. State of Colorado, descrtbed as follows: A parcel of land situated in Government Lots 12, 13, 16, 17 and a portion of Lot 15, situate In Section 36, Township 7 South, Range 88 West of the 6a P.M.; Lot 14, situate In Section 31, Township 7 South, Range 87 West of the 6° P.M.; as recorded by Reception No. 228809 and Reception No, 643445 in the records of the Garfield County Clerk and Recorder's Office, Glenwood Springs, Colorado. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system. within the above mentioned lands, upon an easement described as follows:: An easement thirty (30) feet in width, the centerline for said easement being a power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to (1) install down guys with anchors within thirty-five (35) feet of any pole located on the above described easement, and (2) Install additional poles, down guys with anchors, overhead conductors and/or related facilities within the above described easement at any time in the future. And, in addition, Grantors hereby grant to Grantee, and to its successors and assigns, the right to dear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which are tall enough to strike the wires In falling, Grantors agree that the surface of the ground will not be changed nor will any other alteration be made within the boundaries of the easement which would violate National Electrical Safety Code requirements for minimum clearance from the power line conductors. Grantors agree that all poles, wire and other facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantors covenant that they are the owners of the above described lands and that the said {ands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular. the rights and privileges appertaining thereto, unto Grantee, Its successors and assigns, forever. ^� ✓ IN WITNESS ''i(+f E;F, Grantors have causedthese presents to be duly executed on this .(w day of A 20 ti RE4 A. COFFMAN ) ANN G. COFFMAN ASPEN VALLEY LAND TRUST MARTHA COC RAN, EXECUTIVE DIRECTOR STATE OF CoI OYA.0 (0 ss. COUNTY OF GZI,v 1 e c1 ) The foregoing Instrument was acknowledged before me this day of A p v by RIX--cr P and JOANN G. COFFMAN. V d and official seal. My comma .n , xpires:C)f •. 1 3- C- OOtWmEY E. >)�I The fo 200' Notary P Address: C k UM° C-6 f 23 tkawas acknowledged before me this 2 Ce day of f s ft Let 30 d ecutive Director of ASPEN VALLEY LAND TRUST. hand and official seal. expires: .. 1 . o q_ Notary Address: C a Y on finffman Ranch OH:4-26.04 vadoVe.•ra,amccal ma. CO r r (DZJ itrvis.d a.2.OF PLEASE RETURN TO: HOLY CROSS EHERG7 F.O. ORATER 2150 GLEN O0D SPRINGS. CO Exhibit A Coffman Ranch Sec.36, T.7S, R.88W. of the 6th P.M. Coltman Property co Lot 3 Lot 2 Let 1 New Trprrstnrrner Nee tole New Holy Cross Overhead Line souw Wa"t Q' wey Existing Holy Cross Energy Overhead Line Ackerman Property Eeirenw pole H o,— 0 .. yp�w Nom= ■� BNSms 1=011 ea MEN X rum r pm-- vat- nwer 81g— n3 mml mow 8w 1111111 11111 111111 CHM 111 11111111111111 663141 11/09/20214 09:39A B2638 P14 M ALSDORF 1 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County Plaza Building, in Glenwood Springs on, Monday, the 19t day of April, 2004, A. D. there were present: John Martin Larry McCown Trill 1-loupt Don DeFord Mildred Alsdorf Ed Green (absent) , Commissioner Chairman , Commissioner Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION No. 2004-111 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A I41 -ACRE TRACT OF LAND OWNED BY REX AND JOANN COFFMAN ("NORTH PARCEL") Parcel ID: 2393-364-00-266 WHEREAS, Rex and JoAnn Coffman petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County Colorado, adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 141 -acre tract (known as the "north" parcel) into four (4) tracts with the exemption parcels more practically described as follows and contained in Exhibit A: Lot 1 (4.03 acres) Lot 2 (4.01 acres) Lot 3 (4.06 acres) Lot 4 (130.13 acres) WHEREAS, the property is located within the Agricultural/ Residential / Rural Density (AIR/RD) zone district and is also located in Study Area 1 of the Comprehensive Plan of 2000 in an area designated as "residential low density"; and WHEREAS, Section 8:52(A) of the Subdivision regulations of 1984, as amended, states that (' I Iola uiii niuii ill 11111 1111 iiiini ill nisi iui 111 663141 11/0912004 09:39A 51638 P15 ti ALSDORF 2 of 12 R 0.00 0 0.00 GARFIELD COUNTY CO "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the division does not warrant Further subdivision review; and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and ",subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. Proper public notice was provided as required for the hearing before the Board of County Commissioners; 2. The hearing before the Board of County Commissioners was extensive and complete, all pertinent facts, matters and issues were submitted, and all interested parties were heard at that meeting; 3. The above stated and other reasons, the proposed Exernption from the Definition of Subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; and 4. The application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. The application is in conformance with the Garfield County Subdivision Regulations of 1984, as amended. 111111 11111 1111111 111111111 1111 11111111H 11111 11111111 663141 11/09/2004 09:39A B1638 P16 M ALSDORF 3 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO NOW THEREFORE, BE IT RESOLVED, by a vote of 2 to 0, that the division of the above described 141 -acre tract is hereby exempted from such definitions with the conditions set forth below and maybe conveyed in the form of the "Lots 1- 4 of the Coffman Subdivision Exemption / (North Parcel)", as are more fully described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution and that the following conditions of this approval required by the Board of County Commissioners have been completed, 1, That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2, The Applicant shall include the following text as plat notes on the final exemption plat: a. "Control of noxious weeds is the responsibility of the property owner." b. "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owners property boundaries." c. "No open hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid fuel burning stove as deed by C.R.S. 25-7-401. et. seq.. and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances ". el "All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries". e. "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101. et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non - negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal ofmanure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. J: "All owners of land, whether ranch or residence, have obligations under State law and 3 1111111111111111111111111111111111111111111111111111111 663141 11/09/2004 09:39A B1638 P17 M ALSDORF 4 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds. keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living ct Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." g. "All new septic systems for Lots 1 — 4 of the Coffman Exemption shall be designed by a professional engineer licensed to practice in Colorado. All systems shall be Individual Sewage Treatment Systems (ISTS) due to the property's location up -stream from the Town of Carbondale's Roaring Fork Well Field Aquifer." h. "All future lot purchasers / builders that they are required to submit an "elevation certificate" performed by a registered surveyor licensed to practice in the State of Colorado that shows the building envelope is outside the 100 year floodplain with the building permit application. !f a building envelope is found to contain portions ofthe 1O0 yearfloodplain, no building permit shall be issued until a floodplain Special Use Permit (or equivalent adequate land use permit) has been obtained. As an alternative, the building envelope may be adjusted to exclude any portions of thefoodplain ifpractical. An amendment to the building envelop will require a plat amendment approval, from the Board of County Commissioners. "Lots 1, 2, and 3 of the Coffman Exemption (north parcel) shall each be apportioned raw water irrigation rights from the Slough Ditch equaling no less than 0.1 cfs. The ownership of these water rights shall be transferred to the Homeowners Association which shall manage and apportion this water to each of these three lots, " J• "No further subdivision shall be allowed via Exemption from the Definition ofSubdivision. " 3. Because Lots 1 — 3 will share a well for their domestic water supply, the Applicant shall establish an unincorporated Homeowners Association (with associated protective covenants) to own and manage the shared components of the shared water system as well as the water rights which include the Basalt Water Conservancy District contracted water and irrigation water rights from the Slough Ditch that are to be used by Lots 1 - 3. This HOA shall determine how physical elements and associated rights of the shared water system (well, water lines, easements, maintenance and repair obligations) are to be owned and managed for each future owner of Lots 1 — 3. This document shall be provided to theCounty for review as part of the final plat submittal. 4. In order to provide adequate access to the lots for the Carbondale and Rural Fire Protection District, the Applicant shall construct the shared access to lots 1 - 3 to have a minimum unobstructed width that is agreed upon and approved by the Carbondale & Rural Fire Protection District. In addition, because the access route to lots 1 — 3 crosses the Slough Ditch using a 4 111111111111111,11111111111111111111111ill hill 11111111 663141 11/09/2004 09:39A B1638 P18 M ALSDORF 5 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO bridge, it shall be designed and constructed to accommodate the weight of fire fighting apparatus. This design shall be approved by the Carbondale & Rural Fire Department. 5. The Applicant shall pay development impact fees to the Carbondale and Rural Fire Protection District equating to $417 per lot to be paid to the District at the time of final plat and prior to final recordation of the final plat. 6. The Applicant shall be required to pay a $200.00 school site acquisition fee to the RE-1 School District for each newly created lot at the time of final plat and prior to final recordation of the final plat. 7. The Applicant shall provide a copy of an approved 404 permit from the Army Corps of Engineers (if necessary) regarding any development impacting the Slough Ditch as it has been classified as an ephemeral channel (a "water of the US"). This permit (if required) shall be provided as part of the final plat submittal. If this permit is required based on the opinion of the US Army Corps of Engineers, the Applicant shall have an extension of eight (8) months beyond the normal 120 days to file a final plat with Garfield County in order to obtain the necessary permit(s). In the event no permit is required, the Applicant shall be required to submit a final plat within the normally required 120 days of the approval by the Board. 8. The Applicant shall be required to legally describe and graphically depict an access easement on the final plat providing access to Lots 1 — 3 over and across the "remainder" lot. This easement and terms of its governance and maintenance shall be provided to the County for review as part of the final plat submittal and shall be recorded along with the final plat. 9. Regarding weed management, the Applicant shall 1) provide a map and inventory of any County Listed Noxious Weeds on the 142 acre parcel and 2) provide a weed management plan that addresses any inventoried noxious weeds found on the property. The Applicant shall also provide a mechanism such as deed restrictions or protective covenants that determine who or what entity (such as a HOA) will be responsible for weed management on the access road into the proposed three new lots. 10. The Applicant shall submit an approved well permit issued from the Colorado Division of Water Resources as part of the final plat submittal. No submittal shall be accepted by the County without this well permit. As normally required, prior to the signing of the plat, all physical water supplies shall demonstrate the following as part of the final plat submittal: a) That a four (4) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5 1111111 I 11111111111111111111111111111111111111111111111 653141 11/09/2004 09:39A 81538 P19 M ALSDORF 6 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO e) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; g) A water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. 11. The Applicant shall submit documentation from the entity that operates and maintains the Slough Ditch that permits the Applicant to construct a formal crossing of the ditch that provides access to Lots 1, 2, and 3. Additionally, the Applicant shall graphically depict the easement associated with the entire length of the Slough Ditch on the final plat. Dated this 8th day of November, 2004. ATTEST: Clefk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chai Upon motion duly made and seconded the foregoi , g Reso i n was adgSted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) , Aye (Absent) Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2.0 . 6 111111111111111111111111111111111111111 111 1111! 11111111 663141 11/09/2004 09;39A 61638 P20 11 ALSDORF 7 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO County Clerk and ex-officio Clerk of the Board of County Commissioners z 11IWIIoawc 91.14 97A9QSRFFS SCAPPOW F. WALKER INC PAGE 9, II IID I1fl! 111111111111111111111111111111111111111111! 663141 11/09/2004 09:39A 81638 P21 11 ALSDORF 8 of 12 R 0.00 0 0.e0 GARFIELD COUNTY CO LOT 1 E‘i(1416;4.- A PARCEL OF LAND SITUATED IN GOVERNMENT LAT 17 OE SECTION 36 TOWNSHIP 7 SOUTH, RANGE 18 WEST, OF THE SIXTH PRINCIPAL MERIDLAN, BEING MOR PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POEM' ON THE NORTHERLY LINE OF SAID LOT 17 WHENCE THE NORTHEAST CORNER OF SAID I.OT 17 BEING A BRASS CAP L.S, W10732 BEARS N.81'31'40"£. 57.60 FEET; THENCE LEAVING SAID NORTHERLY LINE S.00' 12`09"E. 535.23 FEE1; THENCE S.87'49`51"W. 165.34 FEET; THENCE S,63'01'55"W. 181.90 FEET: THENCE N.05'2S'06'W. 456.17 FEET; THENCE N.59'41V2"E. 335.66 MT TO A POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N.46'31'4U"'E. 79.27 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNINCI, SAID PARCEL CONTAINING 4.03 ACRES MORE OR LESS. ALSO KNOWN AS - LOT 1 OF THE. COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL PLAT. ABOVE PARCEL OF LAND BEING TOGETHER W1T H AND SUBJECT TO THE FOLLOWING DESCRIBED EASEMENT: A 30.00 FOOT ACCESS UTILITY ANI) WELL EASEMENT SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP T SOUTH. RANOE 81 WEST, OF THE SIXTH PEJNCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCINO AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 1100, WHENCE A FOUND G.L.O. BRASS CAP U4 PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S.26'2643" E. 638.27 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENT N.51'S215"W. 70.52 FEET: THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 180.16 FEET, A CENTRAL ANGLE OF 90'5711" AN ARC LENGTH OF 287.11 FEET ( CHORD BEARS N20`41'43"W. 2.57.90 FEET); THENCE s$9'5WI1"E. 76.65 FEET; THENCE N80'O2 27"E. 266.55 FEET; T1'i1 NCE N.63'011I15'E. 182.86 FEET; TI3ENCE N.17'091 1 "E. 39.00 FEET; THENCE N.00'08`04"W. 60.04 FEET TO THE POINT OF TERMINUS. 11/71-4/^aa4 i1!14 970945BS 5 SCA?.' 3 WALKER INC PAGE 03 111111111111111111111111111111111111111Ill11111illi�111 663141 11/09/2004 09:39A B1638 P22 M ALSUORF 9 of 12 R 0,00 D 0.00 GARF IELD COUNTY CO LOT 2 A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 17 WHENCE THE NORTHEAST CORNER OF SAID LOT 17 BEING A BRASS CAP L.S. 110732, BEARS N.88`31'40"E.136.87 FEET; THENCE LEAVING SAID NORTHERLY LINE S.59 -41'02"W. 335.66 FEET; THENCE S.05 -28'06"E. 456.17 FEET; !V E S.81Y02'27'W. 267.98 FEET; THENCE N.00-005TW. 656.75 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N.88'31"4{i"E. 510.58 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4.01 ACRES, MORE OF LESS. ALSO KNOWN AS - LOT 2 OF THE COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL PLAT. ABOVE PARCEL OF LAND BEING TOGETHER Willi AND SUBJECT TO THE FOLLOWING DESCRIBED EASEMENT. A 30.00 FOOT ACCESS, UTILTIY AND WELL EASEMENT SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SDt7H PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD #100, WHENCE A FOUND G.L.O. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S.26'26143" E. 638.27 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENT N.58 -5255"W. 70.52 1 -LT: THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 180.86 FEET, A CENTRAL ANGLE OF 90'5711" AN ARC LENGTH OF 287.11 FEET ( CHORD BEARS N.20 4r43"W. 257.90 FEET); THENCE S.89 -58'1/"E. 76.65 FEET; THENCE N80 -02'27"E. 266.55 FEET; THENCE N.63 -08'55"E. 182.86 FEET; THENCE N.87'09"51"E. 39.00 FEET; THENCE N.00 -08`04"W. 60.04 FEET TO THE POINT OF TERMINUS. r „nn..nm0A 1 7. 4 A c7agn TARP, uniu 11111 1111111 111 11111 1111 11iIil 111 II1I!( 111 SCARRC ' ,1 WALKER INC PAGE fla 663141 11/0912004 09:39A B1638 P23 M ALSOORF 10 of 12 R C.00 0 0.00 GARFIELD COUNTY CO LOT 3 A PARCEL OF LAND SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 17 WHENCE THE NORTHEAST CORNER OF SAID LOT 17 BEING A BRASS CAP L.S. 030732, BEARS N.88'3F40"E, 647.45 FEET; THENCE LEAVING SAID NORTHERLY LINE S.00'OO'5rE. 656.75 S. THENCE N.89'58111'W.63.14 FEET; THENCE N.60'16'32"E. 46.49 FEET THENCE N.42'29'00"W. 314,67 FEET; THENCE N.00'34'37"W. 393.41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N.88'311 0"E. 319.92 FEET ALONG SAID NORTHERLY LINE TO THE POW OF BEGINNING. SAID PARCEL CONTAINING 4.06 ACRES, MORE OF LESS. ALSO KNOWN AS LOT 3 OF THE COFFMAN RANCH SUBDIVISION EXEMPTION NORTH PARCEL. ABOVE PARCEL OF LAND BEING TOGETHER WITH AND SUBJECT TO THE FOLLOWING DESCRIBED EASEMENT, A 30.00 FOOT ACCESS UTILITY AND WELL EASEMENT SITUATED IN GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAR #100, WHENCE A FOUND] G.L.O. BRASS CAP IN PLACE AND PROPERLY MARKED FOR TRE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S.28.26'43" E. 638.27 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENT N.58'52'55"W. 70.52 FEET: THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO TTIE RIGHT HAVING A RAD US OF 180.86 FEET, A CENTRAL ANGLE OF 90'5T11" AN ARC LENGTH OF 287.11 FEET ( CHORD BEARS N.20'48'43"W. 257.90 FEET); THENCE S.89' S 8' 11 "E. 76.65 FEET; THENCE N80'02'27"E. 266.55 FEET; THENCE N.63'08455"E. 1$2.86 FEET; THENCE N.87'09'51 "E. 39.00 FEET; THENCE N.00108`04" W. 60.04 FEET TO THE POINT OF TERMINUS, 11/0312904 13:14 979945E665 SC'ARROW F. WALKER INC PA5E 95 i iuui 11111 nmii 111 111111 1111 1111111 111 niiii iii ini 663141 11109/204 09:39A 81638 P24 M AL500RF 11 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO PAGE 1 LOT 4 (REMAINDER PARCEL) A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12 AND 13, AND PORTIONS OF GOVERNMENT LOTS 15, 16, AND 17 OF SECTION 36 TOWNSHIP 7 SOUTH. RANGE 811 WEST, OF THE SIXTH PRINCIPAL MERIDIAN; ALSO A PORTION OF GOVERNMENT LOT 14 OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 13 (WHENCE THE WITNESS CORNER BEING A FOUND #6 REBAR AND ALUMINUM CAP L.S. i26950 BEARS 5.00'10'33"E. 10.00 FEET); THENCE N.89"0327"E. 885.38 FEET ALONG THE NORTHERLY LINE OF SAID LOT 13 TO THE NORTHWEST CORNER OF SAID LOT 12; THENCE N.89` 12'48"E. 494.20 FEET ALONG THE NORTHERLY LINE OF SAID LOT 12 TO THE NORTI-IEAST CORNER OF SAID LOT 12; "THENCE S.00'45'20"E, 697.53 FEET ALONG THE EASTERLY LINE OF SAID LOT 12, TO THE SOUTHEAST CORNER OF SAID LOT 12; THENCE S.D0'26'40"E. 602.39 FEET ALONG THE EASTERLY LINE OF LOT 17 TO AN ANGLE POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N. 88`31'40" E. 1216.62 ALONG THE NORTHERLY LINE OF SAID LOT 17; THENCE LEAVING SAID NORTHERLY LINE S.00 34'37"E. 393.41 FEET; THENCE S.42'29'00"E. 314.67 FEET; THENCE S.60'16'32"E. 46.49 FEET: THENCE S.89'58'11"E. 63.14 FEET THENCE N.$O'02227"E. 267.98 FEET; THENCE N.63`08'35"E. 111.90 FEET; THENCE N.87`09'51"E. 165.34 FEET; THENCE N.00' 12°09"W. 535.23 FEET TOA POINT ON THE NORTHERLY LINE OF SAID LOT 17; THENCE N.88'31'40"E. 57.60 FEET ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 14 ; THENCE N.88`31140"E. 499.88 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14 TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE 5.003400"E. 721.07 FEET ALONG THE EAST LINE OF SAID LOT 14 TO A POINT ON AN EXISTING FENCE„ ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 100; THENCE ALONG SAID FENCE AND THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD THE FOLLOWING FOURTEEN (14) COURSES: 1) S.79'49'23"W. A DISTANCE OF 47.58 FEET; 2) $.73'31'13"W. A DISTANCE OF 120.98 FEET; 3) S_69'43'21"W. A DISTANCE OF 189.48 FEET; 4) 5.74'4725"W. A DISTANCE OF 129.37 FEET; 5) S.81'33`50"W. A DISTANCE OF 622.29 FEET; 6) 5.81'11'21"W. A DISTANCE OF 701.96 FEET; 7) S.81°30'50"W. A DISTANCE OF 984.74 FEIiT; 8) S.83'53'04"W. A DISTANCE OF 314.48 FEET; 9) S.86'24'26"W. A DISTANCE OF 159.69 FEET; 10) S.87`3715"W. A DISTANCE OF 112.30 FEET; 11) 5.89`05'08"W. A DISTANCE OF 423.29 FEET; CONTINUED 111133/:X04 13:14 97B9459655 SCAFRC41 F., WALKS? INC PAGE 8 1 11111 11111 1111!11III111111IIII1111111III111111 RI IIII 663141 11/09/2004 09:391 B1638 P25 M ALSDORF 12 of 12 R 0.00 D 0.00 GRRFIELD COUNTY CO PAGE 2 CONTINUED 12) S.1E'I6'36"W. A DISTANCE OF 122.16 FEET; 13) N.88' 14'12"W. A DISTANCE OF 146.07 FEET; 14) N.83'44'01 "W. 61.10 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED TN PLAT BOOK 763 PAGE 727; THENCE CONTINUING ALONG SAID FENCE LINE AND THE NORTHERLY RIGHT OF WAY UNE OF SAID COUNTY ROAD TF FOLLOWING FIVE (5) COURSES; 1) N.88'09'40"W. A DISTANCE OF 178.03 1-E± 1; 2) S.89'41'20"W. A DISTANCE OF 149.39 FEET; 3) 5.89'04'10"W. A DISTANCE OF 283.80 FEET; 4) 5.118"44 28"W. 30.21 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 933; 5) S.88'44`33"W, 511.81 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED TN PLAT BOOK 765 PAGE 933; THENCE LEAVING SAID FENCE AND NORTHERLY RIGHT OF WAY LINE N.1510'44"E. 192.83 FEET TO THE NORTHWEST CORNER OF SAID.BOOK AND PAGE; THENCE S.87'21"45"E. 227.54 FEET; THENCE N.79'07'46"E. 170.81 FEET; THENCE S.84'37'27"E. 114.61 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN PLAT BOOK 765 PAGE 727; THENCE S.83'2134"E, 156.50 FEET; THENCE N.82'0476"E. 266.62 FEET; THENCE N.79`04`46"E.. 220.50 FEET; THENCE N,02`44'09"E. 115.26 F EE 1; THENCE N.22`09'51 "E. 22.7E FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 16; THENCE N.00' I0'33"W. 1411,61 FEET ALONG THE WESTERLY LINE OF SAID LOT 16 TO THE SOUTHWEST CORNER OF SAID LOT 13; THENCE N.00'1013"W. 680.44 FEET ALONG THE WESTERLY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 13, SAID POINT ALSO BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINING 130.13 ACRES, MORE OR LESS. ALSO KNOWN AS LOT 4 OF THE COFFMAN RANCH SUBDIVISION FXEMP11ON NORTH PARCEL. ABOVE PARCEL OF LAND BEING TOGETHER WIT AND SUBJECT TO THE FOLLOWING DESCRIBED EASEMENT. A 30.00 FOOT ACCESS UTILITY AND WELL EASEMENT SITUATED 1N GOVERNMENT LOT 17 OF SECTION 36 TOWNSHIP 7 SOUTH, RANOE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 0100, WHENCE A FOU/413 G.L.O. BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 36 BEARS S.26`26'43" E. 638.27 FEET; THENCE LEAVING SAID NORTHERLY RJGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID EASEMENT N.58'52`55"W. 70.52 FEET: THENCE CONTINUING ALONG SAID CENTERLINE AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 38014 FEET, A CENTRAL ANGLE OF 90'57' 11" AN ARC LENGTH OF 287.11 FEET ( CHORD BEARS N.20'48'43"W. 257,90 FEET); THENCE S.89'58'11"E. 76,65 FEET; THENCE N80'02'27"E. 266.55 FEET; THENCE N.63.08'S5"E. 182.86 FEET; THENCE N.87'09'51"E. 39.00 FEET; THENCE N.00'0rD4"W. 60.04 FEET TO TIM POINT OF TERMINUS. VICINITY MAP SCALE 1` - 2000 FT. x :s.�n TMy +e'� 1e rirA We' C'Es4 K.ri°IIx. . k `F°wicr y ,, .0 V r 1&.. ..Stur.eruni'11 ,3 ae i[f 1y 114[4 p. .�`t • •djjir ¢•u 1 :ixr lairs .. a _r.(iHd — kfr irk= , olo 9. Y 1•i'C°f 1{R%K a �i 1x magaai[ W r`II`wa}K..a'H. u1u*41[11 5.11 '74w#,,q— ,ra ,sar r r w .ur.•..-m. 14.14+wva 1M+� WaV2r0Z141:rr.�'.ror."" 4111w..n m Ila m �Mr C��r,� � iStviy.�.�l1C.A Ali:' "� 113 r•«r. �, la 1"x17': a6 S:2 COFFMAN RANCH SUDIVJSION EXEMPTION NORTH PARCEL PLAT 5; NJ 4 TED IN LTTS 12. 13 AND PORTIONS OF i t i s 16 -ir"dP ; ,'. _ •r_ T!(-1,1 1OYNSHlP / SOU11-1, RANGE 88 WEST OF ME SP(H P1RWC11 .AL M_RlL)AN A PORTION OF LOT 14, SECTION 31, TOMeSHfP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARRE1.0 COUNTY CO1 CRADO .10 Li4' K if49e.w.aiClmu.`1i's,Gw 41:4P'— 1,6�'Ipr, sm; _v" 7-11114e lwiv:le..s mitt '. `ik.*&Av°F'& `7 11Y sxr nq�y�lyw..ew H.n15A1 .1 4/+11 ,•.w ra411M1Y 2044.4.. tri.agumf A (V.e�ttr 'K'• .4,. rr SYr4te lE M =1'3'4 �g4 alon 41ri0, M..1 it'^Hs6 .t•a,•••••,, ., 1. ri =1yrsi iM.[.i, 4YMi rRwi C kraa>MS tl Iv.' 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A 24, 1 •w+u-spn i(Wb1 mow ape>ep� a_P ✓waw nwr uawnpa asQ S Pun paaapaabr 03.LY210d'if0.7XJ NS.Y7VJJ 021005' MY 'r! fl >i"{1 :IQ wad) MCA, +^ >0 R'ao' N A 9/8 9]7,17u09J7&,7 00/ # W 'O,7 I69/ 'TAfar,.g0.7 NNFOP X.Ydr ddDd C2 Yd3idd uOp, S 00.12'09' E 535.23' a u Qa �e'iaa5 1 fID0 1 g� vor3oas 4 .- { • 'a Zi �c6 �u 3 00 15.20" F fif .5 00'26'10" 67.53' 602.39` 2 w $ -4 1 1 1 7.7 � a1 17;- • "i3 .£E.0%0'0 N as 1 1 7; .00'96E x th I/O Cornwr Ssetinn J6 1 II111I Bili HIM 111111ll! HIM 679557 08/e5/2009 1Ei26R 81714 P125 ft PLSDORF 1 of 2 R 11.00 D ®.BB Cr1RFIELD COUNTY C0 TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement Is made and entered into this 0 day of Tc. ryk 20 c between REX A. COFFMAN AND JOAN G. COFFMAN, whose mailing address Is 1837 County Road 100, Carbondale, Colorado 81623-9532, hereinafter caned "Owner', and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Drawer 2150, Glenwood Springs, Colorado 81602, hereafter called 'Holy Cross", WHEREAS, Hoty Cross has been requested by Owner to provide underground electric facilities, hereinafter cafied 'Paclll[les', to serve a protect known as Coffman Ranch, hereinafter called 'Project; and, WHEREAS. Owner Is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities;; and, WHEREAS, Owner owns real property described as follows: A parcel of land situate In Government lot 17 situate In Section 36, Township 7 South, Range 88 West of the 6' P.M, as recorded In Book 364 at Page 109 in the records of the Garfield County Clerk and Recorders Office, Glenwood Springs, Colorado, hereinafter called 'Property`, which Property Is the real property where the Project Is being developed; and, WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent to the Project described as follows: Lot 1 Coffman Ranch Subdv1sion exemption north parcel according to the plat thereof recorded November 9, 2004 as recorded by Reception No. 6631.42, hereinafter called "Adjacent Land". NOW, THEREFORE, Owner and Holy Cross agree as follows: 1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of Facilites to serve the Project. Such excavation shall be located as shown on the construction plans approved by Ho.y Cross, and performed In accordance with Holy Cross Vault installation Specifications, Construction Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross in advance. All Facilities installed hereunder shalt be Inspected during construction by Holy Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross. a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault installation Specifications and Construction Specifications and such specifications are made a part hereof by reference. b. Ali Facilities Installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility easements. c. The top of all conduits Installed hereunder shall be located a minimum of 48' below the final grade of the ground surface, d. A twetve•Inch (12) minimum separation will be maintained between conduits Installed for the Facilities and ail other new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation from plastic gas lines shall be greater than this minimum wherever practicable. e. Holy Cross will supply the necessary conduit and vaults for Installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for ail materiai lost or damaged after such material has been Issued to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide Its own conduit and vaults meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. f. If conduit and/or vault Installation provided by Owner for the Protect are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after Installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from conduit and/or vault installation being unusable or Improperly constructed. 2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform work hereunder as an independent contractor, including. but not limited to, the hiring and firing of its own employees, providing its own tools and equipment, payment of all wages, taxes, Insurance, employee withholdings, and fees connected with its work on the Project. 3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. Owner shall repair all damage caused during excavation promptly and at las expense. No excavation will be undertaken within five (5) feet of existing underground electric facilities except under the on site supervision of a qualified Holy Cross employee. 4. Owner shall Indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense. sults, causes of action, or judgments for damages to property or Injury or death to persons that may arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against It arising out of work performed hereunder. in the event Owner shall fall to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse It, for all lasts. expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to satisfy, pay, and discharge any and all Judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to join in such settlement agreements. The above Indemnification clause shall not apply to state and local governments or local service districts. in lieu thereof, whenever Owner le a government or district It shall procure and maintain in effect at least 51,000,000 of public liability Insurance covering the acts. damages and expenses described in the above indemnification clause, Upon Holy Cross' request, such a Owner shall furnish a Certificate of Insurance verifying the existence of such Insurance coverage, 5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface Improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two (2) years beginning on the date backflll and cleanup are completed. 6 Owner, at its expense. shat! stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed.. 7. in the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mall demanding Owner to complete the work and obligations undertaken by Owner herein, and If such is not completed within 30 days after receipt of such notice by Owner, Holy Cross may complete the work and obligations hereof. if Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from Owner. W/De04.19102:65.36:Coffman Ranch UG:4-8-05 vo.1r.n..fio+neeiseen2 Page 1 of 2 Revised 3.26.03 HOLY CRO5S ENERGY P.O. BOIL 2150 GLENWOOD SPRINGS, CO 81602 0y3 , I IIIJl111111 I 1111 1111111111111 MI 1I I1� [ lfII 1111 579557 08/05/2005 10:268 81T14 P125 M RLSDORF 2 of 2 R 11.00 D 0.00 GRRFIELD COUNTY Co 8. As set Forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should It ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the proper depth, It shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner. 9, It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults Installed hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any Improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) Inchesbelow the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall he uncovered (excluding snow) and accessible at ail times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (101 feet of said transformer and switchgear doors shall be flat, level and free of ImprovementS, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees 50 correct any violations that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances and liens of any character, except those held by the following: The promises, agreements and representations made by Owner herein shalt he covenants that run with the Property and shall be binding upon the successors in Interest, an ns, of the Property, REX A.OFFMAN By: l L ■ u a ". a f Holy Cross Energy, a Colorado corporation NA Ric d D Brinkley. Gene al M . nager • Regula ed Services STATE OF \.lv 55. COUNTY The foregoing Instrument was acknow) by REX A. COFFMAN AND JCANN G. C WITNESS my hand and official s My commission expires:S.: eNj d .iftFSI L. C;E'RITS CCS+- lig ; -.:uracil E VES PSi nint 7 JOAN G. COFFMAN eday of �s 20. Notary Public } Address'� 4� . i` Ce3 STATE OF CAP-C,Q.r LLOLIP COUNTY OF ) 15. The foregoing instrument was acknowledged before me this I day of CLLLseids by Richard D. Brinkley, General Manager - Regulated Services of Holy Cross Energy, a/olorado corporation. WITNESS my hand and official seal. My commission expires: g. 7 _O r Address Notary Public 20 05- Address 5 W/0104 -t 8812:65.3F:Coffman Ranch OH:12-15.04 ved.lr.n..harnconaranz Trona, ConduC and Vauh Agresmant Holy Dun Isar Page 2 of 2 tl/ 1111111i111111111111111111111111111111011111111114111 679563 08/09/2005 10:34R B1714 P137 fl PLSDORF 1 of 2 P 11.00 D 0.00 GARFIELD COUNTY CO HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS. that the undersigned, RCX A. COFFMAN ANOJOANN G. COFFMAN (hereinafter called "Grantors'), for a good and valuable consideration. the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150. Glenwood Springs. Colorado {hereinafter called 'Grantee") and to its successors and assigns, the right of ingress and egress across lands of , situate In the County of Garfield. state of Colorado, described as follows: A parcel of land situate In Government Lot 17. situate in Section 36, Township 7 South, Range 88 West of the 6" P.M. as recorded by Book 364 at Page 109 in the records of the Garfield County Clerk and Recorder's Office, Glenwood Springs, Colorado. And, to construct, reconstruct, repair, change, enlarge, rephase, operate, and maintain an underground electric transmisston or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable In connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as rol)ows: An easement ten 110) feet in width, the centerline for sald easement being an underground power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part he of by reference. The rights herein granted speCiflcally allow Grantee to Install additional underground and/or pad -mounted facilities within the easement described herein. IS shall be the Granton responslbillty to ensure that splice vaults, switchgear vaults and transformer vaults Installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any Improvements, landscaping. or other obstructions. The ground surface grade shall not be altered within ten 110) feet of said splice, switchgear and transformer vaults, nor along the power Zine route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad, The ground surface grade as sald splice vaults shall be even with the top of the pad, The man hote opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. improvements, landscaping or any other objects placed to the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doers. The ground surface within ten (10) Feet of said transformer and switchgear doors shall be flat, level and free of Improvements, landscaping, and other obstructions Improvements, landscaping and other objects will be kept a minimum of four (41 feet from non -opening sides and backs of said transformers and switchgear. Grantors hereby agree to maintain the requirements of this paragraph and further agrees to correct any vloiations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantors. Together with the right to remove any and all trees. brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted, in areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantors agree that landscaping or other surface Improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional (andscaping or surface improvements caused by exercise of its rights granted by this easement. Grantors agree that all facilities installed by Grantee on the above described lands, shalt remain the property of Grantee. and shall be removable at the option of Grantee. Grantors covenant that they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. 1N WrTNESS WHEREOF, Grantors has caused these presents to be duly executed on this .�2 day of X za d ?� _ The ividuals signing this Holy Cross Energy Underground Right -of -Way Easement hereby represents that they have fuli power an aur rity to sign. execute, and deliver this instrument. a • RIX A. COFFMAN STATE 0 A N I Y (4.61„ fl% J0 NN G. COFFMAN [ `� )ss. COUNTY OF 'x_ } The fore (sing instrument was etknowl 20.byREXA.COFFMAN A WITNESS my hand and officla My commission expires' ,, WI01-04-19102:65.36:Coffman Ranch UG:1 2.1 5.04 V•dalFtorrhonCoarnan3 Revised 9.14.04 HOLY CROSS ENERGY P.O. Box 7150 GLENWOOD SPRINGS, CO 81602 to/r a$ Q - ram' r — = r) o -Q-) -; 9 ANN SQ r) - "+SI 6i N mom - ff. — n• 8 —m� = rr N � IB Cl cli=Roaring Fork River Lot 3 0 Lot 2 Lot 1 New Transformer New Underground Electric Line Pole County Rd to Holy Cross Energy Softwood Sprigs,. Colorado NOT TO SCALE FACILITY LOCATIONS APPROXIMATE Section 36 Township 7 South Range 88 West of the 6th P.M. Garfield County Job Name: Coffman Ranch U.G. W/0 #: 19102 EXHIBIT A 1I114111W NiTiNDirrititriVLSIl1 IN 1111 Recepptlon5: 749269 06/2R/200O 12:24 54 PR Jean Albrr+oo 1 of 2 Rte Frr:$11.40 Doo Fu ,0.0Q GARFIELD COUNTY CO GENERAL WARRANTY DEED REX ALLEN COFFMAN REVOCABLE TRUST and JOANN G. COFFMAN REVOCABLE TRUST, Grantors, whose address is 1837 County Road 100, Carbondale, Colorado 81623, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to THE RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC., a Colorado non-profit corporation, Grantee, whose address is 14913 Highway 82, Carbondale, Colorado, 81623, the following real property in the County of Garfield, State of Colorado: See Exhibit A attached hereto and incorporated herein by this reference. with all its appurtenances, and warrants the title to the same except for real property taxes for 2007 and subsequent years, not yet due and payable, subject to all matters on Exhibit B attached hereto and incorporated herein by this reference, and subject further to a perpetual covenant and restriction which prohibits in perpetuity any residential or commercial development upon the property herein conveyed. This deed restriction prohibiting development on the subject property may be specifically enforced by the Grantors, or their heirs, successors of assigns. The Grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises m the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, Grantors have executed the within Deed this ,211+41 day of , 2008. REX AU.FN COFFMAN REVOCABLE TRUST STATE OF COLORADO COUNTY OF GARFIELD ) ss By: Rex Allen Coffman, Trustee JOA G. COFFMAN REVOCABLE TRUST By: �C_J JoAnn G. Coffman, stee The above and foregoing document was subscribed and sworn before me this ao day of ..)*114, , 2008, by Rex Allen Coffman as Trustee for the Rex Allen Coffman Revocable Trust and JoAnn G. Coffman as Trustee for the JoAnn G. Coffman Revocable Trust. Witness my hand and official seal. My commission expire : 3.4 el •1 My address is:3Es,] lrkii Notary Public General Warranty Deed CofinanfThe Ranch at Roaring Fork Homeowners Association Rnwe 10 lsxrsncs k.Own omChem rc P.fl. Drawn 790 Page 1 of 1 Gkawood Syn 45.07 r1602 1M Pt �1i+1ff�}iYi�i 1r l�iY'illil � elrf l'11 RIM 1111 Receptionli: 749259 05129/2009 12:24:84 PM Jean nlberioo 2 of 2 Rao Faer$11.0e Doc Fee,O.00 GARFIELD COUNTY CO EXHIBIT A PARCEL 3 PROPERTY DESCRIPTION A Parcel of land being a portion of that property described as Parcel A (Remainder Parcel) according to the Coffman Ranch Subdivision Exemption North Parcel. Plat recorded as reception number 000000 of the Garfeld County records, said Parcel of land being situated in Secton 36, Township 7 South, Range 88 West of the Sixth Principe' Meridian and is mare particularly described as fdlowa: Commencing at the Northeast Comer Government lot 17 of said Section 36, a found Brass cap in place; thence N.60'29'13'W. a distance of 2,524.73 feet to a point on the Northerly boundary of said Parcel A, said point being THE POINT OF BEGINNING; Thence along said Northerly boundary S.00'45'20'E., a distance 01340.75 fest, more or less 10 a point on the cenleriine of the Roaring Fork River; thence the following four (4) course's along the centerline of said Roaring Fork Rives: 1. a distance of 52.87 feet along the arc of a non tangent curve to the left having a radius of 300.00 feet and a central angle of 10105'48', chord bears S.75'0254'W., a distance of 52.80 feet; 2. S.70'00'txr'w., a distance of 230.00 feet; 3. a distance of 353.43 feet along the arc of a curve to the right having a radius of 225.00 feet and a central angle of 90'00'00', chord bears N.65W001W., a distance of 318.20 feel; 4. N.20'00'00`W., a distance of 307.63 feet to a point on the Northerly boundary of said Parcel A; thence along said Northerly boundary N.89-0322'6., a distance of 162.12 feet; Thence continuing along said Noriheaty boundary N.89'12'48`E., a distance of 494.20 feet to THE POINT OF BEGINNING, Said parcel of land containing 5.398 acres. more or less. i ERESOUROE »■al■ RBIs■ ■u#1 . E N G I N E E R I N G INC. Physical and Legal Water Supply Sections 7-104, 7-105, and 7-106 Coffman Subdivision Preliminary Plan General June 2, 2009 Revised 11/9/09 Project Description The Coffman Subdivision proposes to divide approximately 159.1 acres into two lots. Lot 1 will be 9,1 acres and have a single family residence. The remaining 150 acres in Lot 2 will remain undisturbed. Both lots are within a conservation easement. The water supply for Lot 1 will be from an individual well drilled on Lot 1. Legal Water Supply Well Permit No. 278933 was issued by the Colorado Division of Water Resources for "Dougs Well" located on Lot 1- The well permit was issued pursuant to CRS 37-92- 602(3)(b)(II)(A) as the only well on a 35 plus acre tract of land and encumbers Lot 1 and approximately 20 acres of Lot 2. As such, this well permit is exempt from water rights administration and a water allotment contract from the Basalt Water Conservancy District is not required. The well permit allows for use in up to 3 single family residential units, irrigation of up to one acre of lawn and garden, fire protection, and watering of domestic animals and livestock. Physical Water Supply A. Demand The demand for the proposed subdivision includes in-house use for a single family dwelling and an ADU, livestock watering, and irrigation of up to 10,000 square feet of lawn and garden. An ADU is conservatively included in the analysis since the conservation easement allows for an ADU and such structure may be requested as part of this subdivision submittal or a future land use application. The water demand is estimated at 100 gallons per capita per day for in-house use, 11 gallons per day per animal for livestock watering, and 2.1 acre feet per acre for irrigation. The total water demand is calculated at 1.42 acre feet per year and the annual depletion to the river system is 0.63 acre foot per year as shown on the attached Table 1. A well producing a long term yield of at least 3 gallons per minute is required to meet the demand. Consulting Engineers end Hydrologists 909 Colorado Avenue 0 Glenwood Springs, CO B1601 Vi (970) 945-8777 ti Fax n7019,15-1137 B. Source Water Quantity An individual well was drilled on Lot 1 to serve the project water demand. Lot 1 is located next to the Roaring Fork River and is underlain by a significant alluvial aquifer hydraulically connected to the river. The well was tested by RESOURCE from October 7 through October 9, 2009. The results are presented on the attached letter report prepared by RESOURCE dated November 9, 2009. The report states that the well has a long term yield of at least 15 gpm ( the maximum allowable pumping rate) and is adequate for the proposed demand for a single family dwelling and an ADU described in Paragraph A above. C. Source Water Quality There are no known water quality issues with the Roaring Fork alluvial aquifer in the vicinity of Lot 1. RESOURCE obtained a water sample from the Lot 1 well and sent the sample to ACZ Laboratories for analysis. The results are provided in the attached RESOURCE leiter report dated November 9, 2009. The results indicate that the water meets all of the State Primary and Secondary Drinking Water Standards. A trace concentration of lead may be present in the water. If confirmation sample is positive, then reverse osmosis is recommended -. r kir e and bathroom sinks. -RESOURCE TABLE 1 COFFMAN SUBDIVISION WATER DIVERSIONS AND DEPLETION REQUIREMENTS AU values in acre-feet) NOTES: (1) I Single Family Residential Unit @ 350 gallday and 1 ADU @ 350 gpd . An ADU is included in the analysis since the conservation easement allows for an ADU and such structure may be requested in this preliminary plan application or a future land use application. (2) 023 acre Lawn irrigation @ 2,59 feet application rate (3) 4 Livestock @ 11 gpd (4) Column (1) + Column (2) + Column(3) (5) 15% in house C.U. for ISDS System (6) 80% of (2) is consumptively used. (7) 1000 of (3) is consumptively used (8) Column (5) + Column (6) + Column(7) RESOURCE ENGINEERING, INC 11/9/2009 DIVERSIONS DEPLETIONS MONTH IN-HOUSE DOMESTIC IRRIGATION LIVESTOCK TOTAL IN-HOUSE DOMESTIC IRRIGATION LIVESTOCK TOTAL (1) (2) (3) (4) (5) (6) (7) (8) JANUARY 0.067 0.000 0.004 0.071 0.010 0.000 0.004 0.014 FEBRUARY 0.061 0.000 0.004 0.065 0.009 0.000 0.004 0.013 MARCH 0.067 0.000 0.004 0.071 0.010 0.000 0.004 0.014 APRIL 0.064 0.022 0.004 0.091 0.010 0.018 0.003 0.031 MAY 0.067 0.112 0.004 0.183 0.010 0.090 0.003 0.103 JUNE 0.064 0.139 0.004 0.207 0.010 0.111 0.003 0.124 JULY 0.067 0.133 0.004 0.204 0.010 0.106 0.003 0.120 AUGUST 0.067 0.081 0.004 0.152 0.010 0.065 0.003 0.078 SEPTEMBER 0.064 0.074 0.004 0.142 0.010 0.059 0.003 0.072 OCTOBER 0.067 0.026 0.004 0.097 0.010 0.021 0.003 0.035 NOVEMBER 0.064 0.000 0.004 0.068 0.010 0.000 0.004 0.014 DECEMBER 0.067 0.000 0.004 0.071 0.010 0.000 0.004 0.014 TOTAL 0.785 0.588 0.049 1.421 0.118 0.470 0.044 0.631 NOTES: (1) I Single Family Residential Unit @ 350 gallday and 1 ADU @ 350 gpd . An ADU is included in the analysis since the conservation easement allows for an ADU and such structure may be requested in this preliminary plan application or a future land use application. (2) 023 acre Lawn irrigation @ 2,59 feet application rate (3) 4 Livestock @ 11 gpd (4) Column (1) + Column (2) + Column(3) (5) 15% in house C.U. for ISDS System (6) 80% of (2) is consumptively used. (7) 1000 of (3) is consumptively used (8) Column (5) + Column (6) + Column(7) RESOURCE ENGINEERING, INC 11/9/2009 i.U. ESDU RCE RE■.■ E N G I N E E FI I N G I N C. Douglas Coffman 1164 CR 113 Carbondale CO 81623 RE: Coffman Subdivision Well Quantity and Quality Report November 9, 2009 Dear Doug: In compliance with Sections 7-104 and 7-105 of the Garfield County Unified Land Use Resolution adopted January 1, 2009, this letter summarizes the opinion and findings of Resource Engineering, Inc. (RESOURCE) regarding the adequacy of the physical and legal water supply for the Coffman Subdivision. FINDINGS AND OPINION The Coffman Subdivision well was recently drilled and tested, and is adequate in both quantity and quality to serve the proposed project. The well is capable of reliably and continuously pumping a minimum of 15 gallons per minute (gpm), the maximum pumping rate allowed under an exempt domestic well permit. The well is located in the shallow alluvial aquifer of the Roaring Fork River. The minimal groundwater withdrawal will have negligible impact on the regional groundwater resource. Water quality testing for Colorado Primary and Secondary Drinking Water Standards indicates that the water is high in dissolved solids and hardness, constituents all common to the ground water in the area. A trace of lead, 0.0002 mg/l was reported at a concentration just above the Method Detection Limit (MDL) and below the Practical Quantitation Limit (PQL). Recommended treatment includes softening of all water pumped from the well and reverse osmosis treatment for drinking water provided for human or animal consumption. Prior to installation of reverse osmosis treatment, the water could be sampled for lead to confirm the trace detection. The well has been awarded an Exempt, Domestic Well Permit # 278933 by the Colorado Division of Water Resources. The allowed uses include fire protection, ordinary household uses in up to three single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one acres of gardens and lawns. The permit is appropriate for the intended uses. These conclusions and opinions have been reached on the basis of a 24 hour well pumping test by RESOURCE, water quality testing by ACZ laborites in Steamboat Springs, and issuance of the well permit by the Colorado Division of Water Resources. WELL CONSTRUCTION The well was constructed in early October, 2009 by Shelton Drilling, Corporation under well permit # 278933. The well is 40 feet deep and is completed with 8 inch steel surface casing and 5 inch PVC production casing. Slotted casing was installed in the producing zone from 10-40 feet below the top of the surface casing. Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs. CO 81 601 ■ (970) 945-8777 ■ Fax (970)945-1137 Doug Coffman Page 2 November 9, 2009 At the time of drilling the static water level was 7.65 feet from the top of the well casing (TOC). A two hour pump test was conducted by the driller, which concluded that the well was capable of 15 gallons per minute (gpm). 24 HOUR PUMP TEST A pumping rate step test was conducted October 7, 2009 to determine the appropriate pumping rate. It was determined that the well was capable of pumping 15 gpm with minimal drawdown. A 24 Hr. pump test was conducted by RESOURCE on October 8, 2009. The pump was set approximately 35 feet below the top of casing. The initial water level was 7.65 feet below the TOC. A flow meter was used to set a constant flow rate of 15.5 gpm. Drawdown data was collected at 1 minute intervals during pumping and recovery using a pressure transducer and data logger. Hand data was collected for the first 30 minutes and periodically during the test using a well sounder. The drawdown in the well during the pumping period is shown in Figures 1 and 2. The maximum drawdown was 1.01 feet (8.66' feet from TOC) after 1,345 minutes of pumping. The generator sputtered a few minutes at the beginning resulting in a small blip in the data. The well then stabilized to almost a linear line. The majority of the drawdown occurred in the first minute of the test. At the end of the test approximately 30 feet of water remained in the well. This is a large safety margin against the well pumping dry. Over the 24 hour pumping period 20,996 gallons was pumped. This is about 10 times the maximum estimated daily demand of 2,300 gallons for the house and ADU (see Demand section below). Figures 3 and 4 depict the water level recovery in the well in the 24 hours after pumping ceased. The well reached complete recovery in a little over a minute, indicating that the well recharged at a greater than the 15.5 gpm pumping rate and could sustain a higher pumping rate. The well recharged slightly higher than the original water static level. This was possibly due to the pump test cleaning the well system out and allowing more water to infiltrate into the well casing or a change in barometric pressure which would result in a higher static water level, This is typical of wells situated in aquifers that contain granular material and are recharged by a nearby river. WATER DEMAND The applicant is proposing to construct 1 single family dwelling and may in the future construct an ADU. The average household water use is estimated at 700 gallons/day. The applicant will irrigate up to 10,000 SF of lawn, shrubs, and trees. With a peak application rate of 0.25 inches per day the peak day demand is estimated at 1,560 gallons/day. Up to 4 head of livestock will require 44 gallons/day. The Total demand for domestic, irrigation, and livestock use will be 2,304 gallons/day or an average of about 1.6 gallons per minute. This is far below the 15 gallons per minute yield of the well. ...RES©lJRCE N G" ti; E E n i N 3 i N C Doug Coffman Page 3 WATER QUALITY November 9, 2009 A water quality sample was obtained approximately 7 hours after starting the 24 hour test and submitted to AZC laboratories for analysis. The water is typical of the groundwater in the area, exhibiting water high in dissolved solids and hardness, constituents all common to the ground water in the area. A trace of lead, 0.0002 mg/I was reported at a concentration Lust above the Method Detection Limit (MDL) and below the Practical Quantitation Limit (PQL). The PQL is the lowest level that can be routinely quantified by a laboratory. The maximum contaminant level goal for lead is zero. The maximum contaminant level is enforced at the tap where an exceedance of 0.015 mg/I in more than 10 percent of the taps requires a water system to take action to reduce the lead concentration. Recommended treatment includes softening of all water pumped from the well and reverse osmosis treatment for drinking water provided for human or animal consumption. Prior to installation of reverse osmosis treatment, the water could be sampled for lead to confirm the trace detection. SUMMARY AND CONCLUSIONS • The Coffman well is a high yield domestic well and more than adequate to reliably supply the amount of water required for the subdivision. • The water quality is typical of groundwater in the area and, with common, readily available treatment, is adequate for human and animal consumption. Treatment including softening for all water pumped and reverse osmosis for drinking water is recommended. • The well permit is appropriate for the intended uses. The well has been awarded Exempt, Domestic Well Permit # 278933 by the Colorado Division of Water Resources. The allowed uses include fire protection, ordinary household uses in up to three single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one acres of gardens and lawns. Please do not hesitate to call if you have any questions or need additional information. Sincerely, RESOD ` /GINE 'ENG, INC. icha_r •n, P.E. Wate esources Engineer MJEJmmm file:965-2.1 Attachments RESOURCE - N G 7 N E e -i— 1 0.00 1120 0.40 0.60 0.80 1.00 1.20 1.40 160 10 Coffman Subdivision Well Drawdown Pumping Time (minutes) 100 1000 10000 1.80 ' 10/15/2009 Generator sputtered for a couple minutes Pumping rate stabilizecrs at 15.5 gpm. INNFIESOURCE eitamac hiCCrIk1kp 1.0 Figure 1 4 Drawdown (feet from TOC) 1 0.00- 1.00 - 2.00 -. 3.00 4.00 5.00 6.00- 7.00 8.00 9.00 - 10.00 1119f2009 Coffman Subdivision Well Drawdown Pumping Time (minutes) 10 100 1000 10000 Top of Casing Static Water _-. - 444. Level 7.65 1 Bottom of Well 40 feet Drawdown @ 15.5 gpm~` Maximum of 1 foot +- 1 4 -4- ricaREStCIU RICE Figure 2 Residual Drawdown (feet) 1 10 -0.30 - -0.10 0.10 0.30 - 0.50 - 0.70 0.90 1.10 11/9/2009 Coffman Subdivision Well Recovery Time Since Pumping Stopped (minutes) 100 1000 10000 OriginalStatic Water Level =:RESCOU RCE EMI . -# 4 4 - Figure 3 Residual Drawdown (feet) -0.30 -0.10 0.10 0.30 0.50 0.70 0.90 1.10 11/9/2009 1 10 Coffman Subdivision Well Recovery T/T" 100 1000 10000 {.. -4- 4— 4- -4--- -. 4 .4•.- I -.-h..4--4 -ma c-1 3 4 4 Original Static Water level -V---tom-`-4 --4- -1-4–• 4- -+--4-- 4 4 - M6 RESOURCE Figure 4 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 8048! (800) 334-5493 Report to: Ryan McBride Resource Engineering, Inc. 909 Colorado Ave. Glenwood Springs, CO 81601 Project ID: 965-2.1 ACZ Project ID: L78688 November 04, 2009 Bill to: Accounts Payable Resource Engineering, Inc. 909 Colorado Ave. Glenwood Springs, CO 81601 Ryan McBride: Enclosed are the analytical results for sample(s) submitted to ACZ Laboratories, Inc. (ACZ) on October 09, 2009. This project has been assigned to ACZ's project number, L78688. Please reference this number in all future inquiries. All analyses were performed according to ACZ's Quality Assurance Plan. The enclosed results relate only to the samples received under L78688. Each section of this report has been reviewed and approved by the appropriate Laboratory Supervisor, or a qualified substitute. Except as noted, the test results for the methods and parameters listed on ACZ's current NELAC certificate letter (#ACZ) meet all requirements of NELAC. This report shall be used or copied only in its entirety. ACZ is not responsible for the consequences arising from the use of a partial report. All samples and sub -samples associated with this project will be disposed of after December 04, 2009. If the samples are determined to be hazardous, additional charges apply for disposal (typically less than $10lsample). If you would like the samples to be held longer than ACZ's stated policy or to be returned, please contact your Project Manager or Customer Service Representative for further details and associated costs. ACZ retains analytical reports for five years. If you have any questions or other needs, please contact your Project Manager_ u ilk A Sue Webber has reviewed and approved this report 04 ACCoRtil REPAD.0t06.05A2 Page 1 of 9 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. Project ID: 965-2.1 Sample ID: COFFMAN WELL ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L78588-01 10108/09 00:00 10/09/09 Ground Water Inorganic Prep Phosphorus, dissolved M365.1 - Auto Ascorbic Acid Digestion Phosphorus, total M365.1 - Auto Ascorbic Acid Digestion M200.2 CP -MS Total Recoverable Digestion Total Recoverable Digestion Metals Analysis M200.2 ICP Aluminum, total M200.7 ICP recoverable Barium, total recoverable Cadmium, total M200.7 ICP recoverable Calcium, dissolved M200.7 ICP Chromium, total M200.7 ICP recoverable Copper, total M200.8 ICP -MS recoverable Iron, total recoverable M200.7 ICP Lead, total recoverable M200.8 ICP -MS Magnesium, dissolved M200.7 ICP M200.7 ICP M200.7 CP Manganese, total recoverable Mercury, total M245.1 CVAA. Potassium, dissolved M200.7 ICP Selenium, total M200.8 ICP -MS recoverable Silver, total recoverable M200.8 ICP -MS Sodium, dissolved M200.7 ICP Zinc, total recoverable M200.7 ICP 10/22/09 13:36 ami 10/16/09 12:45 skg 10/14/09 9:55 bsu 10/15/0917.32 aeh U mg/L 0.03 0.2 10/16/0916:38 aeh 0.052 mg/L 0.003 '0.02 10/16/09 16:38 aeh U mg/L 0.005 0.02 10/19/09 11:30 ear 64.9 mg/L 0.2 1 10/12/09 20:14 aeh U mg/L 0.01 0.05 10/16/09 16:38 aeh U mg/L 0.0005 0.003 10/16/09 12:44 msh 0.05 mg/L 0.02 0.05 10/16/09 16:38 aeh 0.0002 B mg/L 0.0001 0.0005 10/16/09 12:44 msh 10.7 rng/L 0.2 1 10/12/09 20:14 aeh 0.006 0 mg/L 0.005 0.03 10/16/09 16:38 aeh U mg/L 0.0002 0.001 10/16109 16:55 pmc 1.4 B mg/L 0.3 2 10/12/09 20:14 aeh 0.0002 B mg/L 0.0001 0.0005 10/16/09 12:44 msh U mg/L 0.00005 0.0003 10/16/09 12:44 msh 5.2 mg11.. 0.3 2 10/13/09 19:05 aeh U mg/L 0.01 0.05 10/16/09 16:38 aeh KEPI N.02.06.05.01 ' Please refer to Qualifier Reports for details. Page 2 of 9 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. Project ID: 965-2.1 Sample ID: COFFMAN WELL ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L 78888-01 10/08109 00:00 10109(09 Ground Water Wet Chemistry Alkalinity as CaCO3 SM2320B - Titration Bicarbonate as CaCO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkalinity Cation -Anion Balance Caton -Anion Balance Sum of Anions Sum of Cations Chloride Coliforms, fecal Color Conductivity @25C Fluoride Hardness as CaCO3 Lab Filtration Lab Filtration & Acidification Lab Filtration & Acidification Nitrate as N, dissolved Nitrate/Nithte as N, dissolved Nitrite as N, dissolved Nitrogen, ammonia pH (lab) pH pH measured at Phosphorus, dissolved Phosphorus, ortho dissolved Phosphorus, total Residue, Filterable (TDS) @180C Sulfate TOS (calculated) TOS (ratio - measured/calculated) Turbidity Calculation SM4500C1-E SM9222D - Membrane Filter HACH Color Wheel SM25108 SM4500F-C SM2340B - Calculation SM 3030 B SM 3030 B SM 3030 B Calculation: NO3NO2 minus NO2 M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium Reduction M350.1 -Automated Phenate SM4500H+ S M365.1 - Auto Ascorbic Acid (digest) M365.1 - Automated Ascorbic Acid M365.1 - Auto Ascorbic Acid (digest) SM2540C SM4500 SO4-D Calculation Calculation M180.1 - Nephelometric 120 mg/L U mg/L U mg/L 120 mg/L 2.4 4.1 4.3 2 0 meq/L meq/L B mg/L U k/100mt U Co/Pt 398 umhos/cm 0.2 B mg/L 206 mg/L 0.19 mg/t, 0.19 mg/L U mg/L lJ mg/L 8.2 H units 22.0 C U mg/L 0.01 B mg/L U * mg/L 240 mg/L mg/L mg/L 0.3 B " NTU 80 237 1.01 2 20 10/14/09 0:00 jjc 2 20 10/14/09 0:00 jjc 2 20 10/14/09 0:00 jjc 2 20 10/14/09 0:00 jjc 11/03/09 0:00 calc 0.1 0.5 11/03/09 0:00 talc 0.1 0.5 11)03/09 0:00 calc 1 5 10/21/09 10:47 ami 1 5 10/09/09 10:45 jjc 5 5 10/09/09 13:05 jjc 1 10 10/14/09 21:33 jjc 0.1 0.5 10/13/09 15:32 abm 1 7 11103/09 0:00 calc 10/09/09 15:28 abm 11/03/09 9:35 ccp 10109/0911:59 ear 0,02 0.1 11/03/09 0:00 calc 0.02 0.1 10/09/09 19:18 pjb 0.01 0.05 10/09/09 19:18 pjb 0.05 0.5 10/19)09 18:30 jws 0.1 0.1 10/14109 0:00 jjc 0.1 0.1 10/14/09 0:00 jjc 0.01 0.05 10/22/09 21:00 pjb 0.01 0.05 10/09/09 21:11 pjb 0.01 0.05 10/19/09 11:31 jws 10 20 10/13/09 19:22 jjc 10 50 10/14/09 12:10 jlf 10 50 11/03/09 0:00 talc 11/03/09 0:00 talc 0.1 0.5 10/09/09 12:53 jjc REP I N.02.06.05.01 ' Please refer to Qualifier Reports for details. Page 3 of 9 AA Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Balch Found Limit Lower MDL PCNISCN PQL QC Rec RPD Upper Sample A distinct set of samples analyzed at a specific time Value of the QC Type of interest Upper limit for RPD, in %. Lower Recovery Limit, in % (except for LCSS, mg/Kg) Method Detection Limit. Same as Minimum Reporting Limit. Allows for instrument and annual fluctuations. A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis Practical Quantitation Limit, typically 5 times the MOL. True Value of the Control Sample or the amount added to the Spike Amount of the true value or spike added recovered, in % (except for LCSS, mg/Kg) Relative Percent Difference, calculation used for Duplicate QC Types Upper Recovery Limit, in % (except for LCSS, mg)Kg) Value of the Sample of interest AS ASD CCB CCV DUP ICB ICV ICSAB LCSS LCSSD LCSW Analytical Spike (Post Digestion) Anatytical Spike (Post Digestion) Duplicate Continuing Calibration Blank Continuing Calibration Verification standard Sample Duplicate Initial Calibration Blank Initial Calibration Verification standard Inter -element Correction Standard - A plus 8 solutions Laboratory Control Sample - Soil Laboratory Control Sample - Soil Duplicate Laboratory Control Sample - Water LCSWD LFB LFM LFMD LRB MS MSD PBS PBW PQV SOL SM Laboratory Control Sample - Water Duplicate Laboratory Fortified Blank Laboratory Fortified Matrix Laboratory Fortified Matrix Duplicate Laboratory Reagent Blank Matrix Spike Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water Practical Quantitation Verification standard Serial Dilution QC.Sample:Type Explanations Verifies that there is no or minimal contamination in the prep method or calibration procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sample matrix interferences, if any. Verifies the validity of the calibration. Blanks Control Samples Duplicates Spikes/Fortified Matrix Standard iatfflers (Goal). B Analyte concentration detected at a value between MDL and POL. The associated value is an estimated quantity. H Analysis exceeded method hold time. pH is a field test with an immediate hold time. U The material was analyzed for, but was not detected above the level of the associated value. The associated value is either the sample quantltation limit or the sample detection limit. _ (1) EPA 600/4-83-020. Methods for Chemvca[ Analysis of Water and Wastes, March 1983. (2) EPA 600/R-93-100. Methods for the Determination of Inorganic Substances in Environmental Samples, August 1993. (3) EPA 600/R-94-111. Methods for the Determination of Metals in Environmental Samples - Supplement I, May 1994. (5) EPA SW -846. Test Methods for Evaluating Solid Waste, Third Edition with Update III, December 1996. (6) Standard Methods for the Examination of Water and Wastewater, 19th edition, 1995 & 20th edition (1998). (1) (2) (3) QC results calculated from raw data, Results may vary slightly if the rounded values are used in the calculations, Soil, Sludge, and Plant matrices for Inorganic analyses are reported on a dry weight basis. Animal matrices for Inorganic analyses are reported on an "as received" basis. For a complete list of ACZ's Extended Qualifiers, please click: http:ffwww.aci.cominubliClex[ctuallist.pdf REPIN03,02.07.01 Page 4 of 9 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, inc. ACZ Project IC; L78688 118688-41 WG272609 Chloride WG271901 Coliforms, fecal WG271924 Color W0271957 Nitrate/Nitrite as N, dissolved Nitrite as N. dissolved WG272476 Nitrogen. ammonia WG272769 Phosphorus, dissolved WG271960 Phosphors, ortho dissolved WG272432 Phosphorus, total WG271922 Turbidity SM4500CI-E SM4500CkE SM9222D - Membrane Filter HACH Color Wheel M353.2 - Automated Cadmium Reduclion M353.2 - Auto Reduction Med Cadrnum M350.1 - Automated Phenate M365.1 - Auto Ascorbic Arid (digest) M365.1 - Auto Ascorbic Acid (digest) M365.1 - Automated Ascorbic Acid M365.1 - Auto Ascorbic Acd (digest) M180.1 - Nephelometric M1 Matrix spike recovery was high, the recovery of the associated control sample (LCS or LFB) was acceptable. RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 1Ox MDL). H3 Sample was received and analyzed past holding time. RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too Icw for accurate evaluation (< 10x MDL), RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too haw for accurate evaluation (< 10x MDL). RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). M1 Matrix spike recovery was high, the recovery of the associated control sample (LCS or LFB) was acceptable. RA Relative Percent Difference (RPD) was not used for data validation because the sample concertation is too low for accurate evaluation (< 10x MDL). RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). M1 Matrix spike recovery was high, the recovery of the associated control sample (LCS or LFB) was acceptable. RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). REPAD.15.06.05.01 Page 5 of 9 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. ACZ Project ID: L78688 Wet Chemistry Conforms. feral SM92220 - Membrane Filter Color HACH Color Wheel SM 3030 B SM 3030 B Lab Filtration Lab Filtration S Acidification REPAD.05.06.05.01 Page 6 of 9 /10Z Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Resource Engineering, Inc. ACZ Project ID: L78688 Date Received: 14:47:08 AM Received By: Date Printed: 10/9/2009 ti 1) Does this project require special handling procedures such as CLP protocol? 2) Are the custody seals on the cooler intact? 3) Are the custody seals on the sample containers intact? 4) Is there a Chain of Custody or other directive shipping papers present? 5) Is the Chain of Custody complete? 6) Is the Chain of Custody in agreement with the samples received? 7) Is there enough sample for all requested analyses? 8) Are all samples within holding times for requested analyses? 9) Were all sample containers received intact? 10) Are the temperature blanks present? 11) Is the trip blank for Cyanide present? 12) Is the trip blank for VOA present? 13) Are samples requiring no headspace, headspace free? 14) Do the samples that require a Foreign Soils Permit have one? YES NO NA slrtns, pole Some parameters were received past hold time. ifs The client was not contacted. S :rt Temp (C} 2.8 Rad (taRlhrj 13 Client must contact ACZ Project Manager if analysis should not proceed for samples received outside of thermal preservation acceptance criteria. REPAD.03.11.00.01 Page 7 of 9 A Z Laboratories, Inc. 2773 Downhill Drive Sreamboat Springs, CO 80487 (800) 334-5433 Resource Engineering, Inc. SAMPLE (CLIENT ID ACZ Project ID: Date Received: Received By: Rat G<2 OK a2 Yc2 1Y0< Br2 L78688 10:47:08 AM Oct TX12 T NJA RAD ID L78688-01 COFFMAN WE Abbrevia R B BK G 0 P T Y YG N1A RAD L on Description Raw/Nitric Filtered/Sulfuric Filtered/Nitric Filtered/Nitric RawrSulfuric Raw/NaOH RawiNaOH Zinc Acetate Raw/Sulfuric Raw/Sulfuric No preservative needed Gamma/Beta dose rate Y Container Type RED BLUE BLACK GREEN ORANGE PURPLE TAN YELLOW YELLOW GLASS Not applicable Not applicable ' pH check performed by analyst prior to sample preparation Sample IDs Reviewed By: Y Preservalive/Limits pH must be r 2 pH must be r2 pH must be r 2 pH must be < 2 pH must be r 2 pH must ben12' pH must ben 12 pH must be < 2 pH must be < 2 must be < 250 µR/hr REPAD.03.11.00.01 Page 8 of 9 2773 Downhill Report Laboratories, Inc. CO 80467 {800) 334.5493 + 1----4 Address: . ► C CHAIN 0 r . o of CUSTODY Drive Steamboat Sprngs, 1a- .` 4 t1£ Com. any: C. vac " - f MMMEIIIIIIIIMEMIIINIII EMIMMII9WMK 00, c Tete hone: 0 " Copy of Report to: E-mail: Name: Compan : Tele 'hone: invoice ia: . Q R © "+% 'CA EMMILNUMMININIMIIMIIAddress: Company: MErragalfrEgn_ i ,• + • 1111 M• HT remains short neither even if HT Telephone: q 9 0 - `i Q3 It sample(,) received past holding time (HT), or if insufficient analysis before expiration, shall ACZ proceed with requested If "NO" then ACZ will contact client for further Instruction. If la Indicated, ACZ will proceed with the requested analyses, to complete YES HT analyses? NO 'YEW nor "NO" Is expired, and data will be qualified. Are samples for CO DW Compliance if yea, please include state forms. PROJECT iNFQRMATION Monitoring? Results will be reported to PQL. ri *° ANAL'i SES REQUESTED (a11801 lib! YES NO or use number) quare Quote #: Pro ectlPO #: Rsportint state for c©m •fiance testis•: o Are any samples NRC licensable material? Yes No SAMPLE IDENTIFICATION OATE:TIME M�atrix ■ 111111111111111111INIMIIIIIMI Mi IN MIIIIIIIIIN Ell Ell ��riiT MIMI M�---INM _ _■ .111111 Ell iii=MEM Milli MN- MIN -Ell -MIMI EaSW REMARKS (Surface Wafer) • GW (Ground Wafer) - WW (Waste Water) - DW (Drinking Water • SL (Sludge) • SO (Soil • OL (011) - Other (Specify refer to ACZ's terms & conditions located on the reverse side of this COC. DDATE:TIME REVIVED BY- DATE:TIME Please RELINQUISHED BY: FRMAD05O.01.f 5.09 White - Return with sample. Yellow Retain for your records. Page 9 of 9 Fred Jarman From: Carolyn Dahlgren Sent: Monday, January 04, 2010 12:10 PM To: Fred Jarman; Deborah Quinn Cc: Don DeFord Subject: Another Airport question for B&P discussion CONFIDENTIAL Without naming the owner, Airport/BOCC is considering purchasing a 35 Acre+ parcel (rural zoning) that could be used for future development — like solar array — instead of purchasing only an avigation easement which costs the County the diminution in value of the land because part of 35 acres is in flight path. Landowner wants to lease back the portion of the 35 acres upon which he has house and shop (CIDP for home occupation) and garage. 5-203 C and H may each apply. He wants to keep doing his business and keep living there. Land use approval required or not? The land will be Airport Property in the FAA sense of ownership, but not on the Airport proper. I have not looked at whether re -zoning from Rural to Public Airport is appropriate. Such a re -zoning could be pushed out into the future, unlike the other property County purchased to build roads and runways and create a bigger Airport. There are other issues — DOT holder approval, fact owner is in default and in some part of foreclosure process— but only asking youse guys about land use matters. Carolyn M. Dahlgren Deputy County Attorney Garfield County Attorney's Office 108 Eighth Street, Suite 219 Glenwood Springs, CO 81 601 Phone: 970-945-9150 Fax: 970-384-5005 CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended solely for the use of the individual or entity to which it is addressed. The information contained herein may include protected or otherwise privileged information. Unauthorized review, forwarding, printing, copying, distributing, or other use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by replying to this message and delete the email without further disclosure. Planning Meeting Dates Updated.' 1/4/10 Date f=ile No. Applicant Time Request ew Rev Board Board Staff Legalta Staff 1/4/2010 CPPFG609 Doug Coffman Subdivision 1:15 Combined Prel Plan & Final Plat + ADU (2 lot subd.) BOCC TV 00 Leo larnmaran d gnitian retirement recognition FJ 1/11/2010 LIPA6153 Marathon Communication Facility 1:15 22' high tower on a 20' x 20" pad (8 miles n parachute) nocc KE D4 Silt Access Control Plan Adopt Resolution and Authorize Signature on IGA TA DO Comprehensive Plan Update Update on Comprehensive Plan process TA 1/13/2010 RVAC 6091 Colorado Rocky Mtn School 6:30 Road Vacation, CR 106 PC TV DQ Genual Code Amendments General Code Amendments FJ 00 Code Enforcement Amendments Code Enforcement Amendments FJ 00. 1/14/2010 Comprehensive Plan Alternative Growth Scenarios 6:30 Review and Comment PC TA DQ 1/18/2010 1:15 BOCC in Rine 1/27/2010 Rivers Edge, LLC 6:30 SUP: Scott Gravel Pit PC F1 D4 Don deFord Training _ DD Meeting Closed 2/1/2010 TXTP6004 Donald Edrington Text Amendment 1:15 Amend Los Amigos PUD to allow "Sober House" BOCC TV CC 2/8/2010 Rivers Edge, LLC 1:15 SUP: Scott Gravel Pit BOC/ Fl DQ 2/10/2010 RVAC 6060 Iron Rose Land & Cattle, LLC 6:30 Road Vacation, CR 153 PC TV DD RVAC 6061 Iron Rose Land & Cattle, LLC Road Vacation, CR 165 TV DD 2/15/2010 1:15 BOCC In Rifle 2/24/2010 1 RVAC Peterson Vacation 6:30 CR 121 relocation PC KE D[2 TMP -62$9 Rocky !Mountain Hotshots Text Amendment KE 00 3/1/2010 1:15 BDCC 3/8/2010 1:15 BOCC 3/10/2010 6:30 PC - 3/15/2010 1:15 BOCC in Rifle Tom Veljic From: Knight Planning Services [kps©vaii.net] Sent: Monday, January 04, 2010 10:49 AM To: Tom Veijic Subject: RE: Quicksilver Final Plat Tom: I understand what the "Will Serve" letter is indicating, As far as I have ever seen, this is a typical "will serve letter", Please explain, then, what is the difference between a "Will Serve" letter and a "Contract for Service". Where I am confused is what you need for a "will serve", which is required for completeness, and a "Contract for Service", which is required prior to recording (after completeness is achieved). Thanks Jena Skinner -Markowitz, AICP Knight Planning Services, Inc. (KPS) 403 Broadway, Eagle, CO 81631-0947 ph: 970.328.6299 fax: 970.328.6254 email: kpsvail.net Office Hours: M -T 8 AM to 4 PM Help reduce waste. Please consider the environment before printing this email. From: Torn Veljic[rnailto:tveljic@garfield-county,com] Sent: Monday, January 04, 2010 10:24 AM To: Knight Planning Services Subject: RE: Quicksilver Final Plat Jena If you are referring to the issue over utility (power service) to the plat then the letter provided is not a "will serve" letter. The document states that certain facilities need to be installed before service will be provided. Either they are installed or bonded based on an engineering design and estimate that the utility will accept for the cost of installation. Tom Veljic From: Knight Planning Services [mailto:kps@vail.net] Sent: Monday, January 04, 2010 10:22 AM To: Tom Veljic Subject: RE: Quicksilver Final Plat Tom: Can you please provide additional information regarding 5-501.E.9.a? What are the parameters for a "contract for service, aside from obtaining one prior to Final Plat Recordation? 1 Thank you. Jena Skinner -Markowitz, AICP Knight Planning Services, Inc. {KPS} 403 Broadway, Eagle, CO 81631-0947 ph: 970.328.6299 fax: 970.328.6254 email: kps@vail.net Office Hours: M -T 8 AM to 4 PM Help reduce waste. Please consider the environment before printing this email. From: Tom Veljic [mailto:tveljic@garfield-county.comj Sent: Thursday, December 17, 2009 1:56 PM To: Knight Planning Services Subject: Quicksilver Final Plat Jena Review comments attached with a hardcopy in the mail. Thomas Veijic, AICP Senior Planner Garfield County Building and Planning 108 8th St., Suite 401 Glenwood Springs, CO 81601 970-945-8212 No virus found in this incoming message. Checked by AVG - www.av2.carn Version: 9.0.7161 Virus Database: 270.14.110/2568 Release Date: 12/16/09 12:52:00 No virus found in this incoming message. Checked by AVG - www.avq.com Version: 9.0.7251 Virus Database: 270.14.123 2595 - Release Date: 01104/10 01:24:00