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HomeMy WebLinkAbout1.0 Application• �•• • • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 3-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned g„ra.,;,.. �• respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of acre tract of land into tracts of approximately acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Sketch map at a minimum scats of 1":=200' showing the legal description of the property. dimension and area of all lots or separate interests to be created. access to a public right-of-way. and any proposed easements for drainage. irrigation. access or utilities: and v B. Vicinity map at a minimum scale of 1'1=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles. for which a copy of U.S.G.S. quadrangle map may be used: and d C. Copy of the deed showing ownership by the applicant. or a letter from the property owner(s) if other than the applicant; and J D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion: and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created. method of sewage disposal. and letter of approval of fire protection plan from appropriate fire district; and 5.i ;\ • G. If connection to a community or municipal water or sewer system is proposed. a letter from the governing body stating a willingness to serve; and V H. Narrative explaining why exemption is being requested: and • • I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. Petitioner -7747 Lid. /Do Mailing Address r'a/ 7)(14/L—/ a (4/‘ l3 City State -182 Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the defmition of cubdiiision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve. conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. 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 I, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973. must have been 35 acres or greater in size at that time and 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 of 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. at 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 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. • • B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within 1/4 mile of the site producing at least five (5) gallons /minute. Prior to the signing of a plat. all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used: 2) A well completion report demonstrating the depth of the well. the characteristics of the aquifer and the static water level: 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A wcirrten opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots: 5) An assumption of an average or no less than 3.5 people per dwelling unit. using 100 gallons of water per person. per day: 6) If the well is to shared. a legal. well sharing. agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paving these costs and how assessments will be made for these costs. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern. the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal. and a letter of approval of the fire protection plan from the appropriate fire district; and F All state and local environmental health and safety requirements have been met or are in the process of being met: and G. Provision has been made for anv required road or storm drainage improvements: and • • H. Fire protection has been approved by the appropriate fire district; and H. Any necessary drainage, inigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. B. The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (150 days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Depai linent. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedures in these regulations. 479351 B-943 P-854 06/14/95 01:01P PG 1 OF 2 REC DOC NOT • MILDRED ALSDDRF GARFIFTD COUNTY CLERK AND RECORDER 10.00 3.00 v re also known as (street address): none, vacant land; ri n c s TOGETHER WITH: A non-exclusive right to use of the Access Ease - di > ment described on Exh. A attached hereto and by reference incor- porated herein; lir N o EXCEPT: Grantors reserve unto themselves and their successors and u; . assigns a non-exclusive right to use of the above described Ac - 0,_. Ocess Easement and a non-exclusive easement for ingress, egress, 9 and utilities along the northerly 30 feet of said parcel, from Z the Access Easement described in Ex. A, at the NE corner of said parcel to the western boundary thereof;' SPECIAL WARRANTY DEED HARRY L. NAUGLE and RHONDA K. NAUGLE, whose address is POB 551, Silt, CO 81652, Garfield County, Colorado, for the consideration of ($30,000.00) Thirty Thousand and 00/100 Dollars, in hand paid, hereby sells and conveys to Linda Gottschalk and Shannon Gottschalk, as TENANTS IN COMMON, whose address is POB 1322, Rifle, CO 81650-1322, Garfield County, Colorado, the following real property, in Garfield County, Colorado, to -wit: T. 6 S., R. 94 W., 6th P.M. Sec. 29: All that part of the NW1/4NW1/4 lying northerly of the northerly line of Interstate 70, said line described in Rule and Order recorded July 6, 1982 in Book 602 at Page 597; 0 with all its appurtenances; and warrants the title against all persons claiming under us, to the same, subject to: general taxes for the year of closing, recorded and/or apparent easements, mineral reservations, oil and gas leases patent reservations, and building and zoning regulations. Signed t/4q41 / 3 day of / ' , 1995 iMec 4-_d 2/ ..47 Harry Nau e Rh hda K. Naugle When recorded, return to: John W. Savage, POB 1926, Rifle, CO 81650 • tD 6 O co co to do c,)com m N Z1 • rn0 0 0 479351 B-943 P-855 06/14/95 01:01P PG 2 OF 2 • STATE OF GARFIELD The (3d1 day Naugle. COLORADO ) COUNTY )ss. foregoing instrument was acknowledged before me this of_ , 19 695, by Harry L. Naugle and Rhonda K. My commission expires: `l Witness my hand and official seal • V6t:TT 96/ZZ/LO • CxH( bt+ A • Planning Department Garfield County 109 Eighth Street Suite 303 Glenwood Springs, Colorado 81601 Subject: McNulty Application for Subdivision Exemption Gentlemen: September 8, 1998 I am concerned about the application for subdivision exemption proposed by Ms. Sarah McNulty. The petition apparently requests the division of a tract of land to provide two ten acre parcels. My concern is that this is just a first step toward further subdivision of the larger parcel. I will not be able to appear at the public meeting on the 14th of september. My understanding is that to divide a larger property the petitioner must show proof of a "legal and adequate source of domestic water for each lot created". Since Ms. McNulty stated in a July 30, 1993 statement of opposition to another's use of Missouri Heights water "Missouri Heights is a dry sparsely vegetated area: the water table has a questionable supply" I find it hard to understand how she now feels there is adequate water to supply additional lots with domestic water. If there were some legal assurance that the larger tract would not be further subdivided, with the attending further demands on the "questionable supply" of water, I would withdraw my objection. A conservation easement which would permit continuing agricultural use of the property, but not further subdivision or development would satisfy my objection. Jack O. O'Neill 0331 Buck Point Road Carbondale, Colorado 81623 SEP 0 e) 1998 tXit.A4TY ITFlom: Davis Farrar To: Mark Bean Date: 10/12/98 Time: 09:34:10 • FACSIMILE COVER PAGE e o: Mark Bean From : Davis Farrar Subject: McNulty Exemption Pages (including cover): 6 Page 1 of 5 Time: 09:33:68 Date: 10/12/98 Please deliver this letter to the Conuty Commissioners for the hearing today at 2:45 pm. Thanks, Davis Farrar From: Davis Farrar To: Mark Bean • Date: 10/12/98 Time: 09:34:35 • Davis Farrar October 12, 1998 Board of County Commissioners 109 8th Street Glenwood Springs, CO 81601 Dear Board of County Commissioners, I recently received notification that Sarah McNulty has applied for approval of a Subdivision Preliminary Plat in Garfield County, Colorado. However, the application materials submitted to the county reference an application for a "subdivision exemption". There is an apparent discrepancy in the public notice for this application. As you know, the regulatory process for an Exemption Application and a Subdivision Preliminary Plat are significantly different. This notice states that "all persons affected by the proposed subdivision are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, as the board of county commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or denying the request for subdivision exemption." The date of the public meeting on the application is identified as October 12, 1998, at 2:45 p.m. I am unable to appear at the commissioners hearing on this application. In keeping with section 8:10 titled "applicability" of the exemption regulations I ask that the Garfield County Board of Commissioners use their decision-making authority on this exemption to ensure "that such exemption will not impair or defeat the stated purpose of the subdivision regulations nor be detrimental to the general public welfare." I offer this letter of input for inclusion as an exhibit to the public record and request that it be read allowed at the hearing by the staff. SKETCH MAP, The map that was submitted with the exemption application appears to be drawn on a 1:24,000 scale U.S. geological survey topographic quad sheet The scale of this map makes it very difficult to determine where the Southwest corner of the proposed exemption parcels lies in relation to my property I inspected the westerly boundary of the proposed parcels and was not able to find any flagging or other survey markers indicating the boundaries of the proposed subdivision. Section 8:41 of the Garfield County subdivision regulations requires that an application for exemption shall be accompanied by a "sketch map, at a minimum scale of 1"= 200' showing the legal description of the property, dimension and area of all lots or separate interests to 0165 Basalt Mountain Drive Carbondale, Colorado 81623 970-963-1670 Page 2 of 5 From: Davis Farrar To: Mark Bean • Date: 10/12/98 Time: 09:35:25 0 — 2 — October 12, 1998 be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities." I request that the corners of the proposed lots be flagged in the field so that I can determine the exact relationship between my property boundaries and proposed lots for subdivision. Additionally, I request that the applicant submit a sketch map and vicinity map in conformance with the requirements of the Garfield County Subdivision Regulations so that a more accurate description of the proposed subdivision is available to the public. WATER SUPPLY, The applicant is proposing to use an existing well drilled during the summer of 1998 as a supply for at least two of the three parcels. The use of groundwater from the well is available for fire protection, ordinary household purposes inside for up to three single-family dwellings and irrigation of one acre of land and watering of domestic animals. The Colorado Division of Water Resources issues these well permits without regard to adverse impacts to downstream wells. There presently is no accurate documentation or study of the groundwater supply serving this area of Missouri Heights. Therefore, the Colorado Division of Water Resources can provide no reasonable assurance that the proposed water supply for the subdivision will not have an adverse effect on nearby wells. The Panorama Ranches Homeowners Association operates to wells in close proximity to the proposed subdivision. These two wells supply a community water system that serves the 56 residential lots with both potable and fire protection water. I request that the Garfield County Board of Commissioners require that the applicants provide an assurance to the Panorama Ranches Homeowners Association by demonstrating that the proposed subdivision will not have an adverse impact on the existing wells. The applicant, or any future owner, should be required through a separate agreement with the Panorama Ranches Homeowners Association, to mitigate any future adverse impacts to the existing Panorama wells if it can be shown that the water supply for the proposed subdivision diminishes the production capability of the Panorama wells. les The proposed access to the subdivision is identified to be from an easement that is 30 feet wide. This easement will access the proposed development from Upper Cattle Creek Road in Eagle County on the East. The proposed private easement extends almost two miles to the site. There is no alternative access to the properties shown in the application. Neither lot will have direct access to a publicly dedicated road. The proposed access provides a difficult route to serve the property from the standpoint of road maintenance and emergency access. The proposed route shows no intermediary turnarounds for vehicles and most importantly for emergency vehicles. There is only one way in and one way out of the property. This access configuration presents a very real hazard to public safety in case of a wildfire. Future residents of the proposed lots could easily have their escape route from a wildfire cut Page 3 of 5 From: Davis Farrar To: Mark Bean • Date: 10/12/98 Time: 09:36:21 • —3 — October 12, 1998 off with the proposed single access to the property. A blocked access would also prevent fire and ambulance vehicles from arriving at the site of a fire or other emergency. I recommend that Garfield County require an alternate emergency access route to the property to provide a secondary point of access. The county should also require intermediary turnaround points along the long access route to allow emergency or other vehicles to turn around without having to travel the full-length of the access. In 1989, a major wildfire that started outside of the Panorama Ranches Subdivision and swept through the area of the proposcd subdivision. One dwelling unit was destroyed and the fire threatened many others. The dwelling units within Panorama Ranches were saved because of the adequate fireflow capabilities of the subdivision water system. The proposed exemption includes no provisions for fire protection water storage. The lots are located on or adjacent to steep south facing slopes that can aggravate the impact of a wildfire. The commissioners should require some type of water storage for fire protection purposes as well as require fire protection requirements recommended in the National Fire Protection Association (NFPA) 299 standards for the Protection of Life and Property from Wildfire. The Carbondale and Rural Fire Protection District in their letter dated July 13, 1998 state that "water supplies for fire protection would be limited to water carried on fire apparatus." They do not state the water capacity of their vehicles. It is likely that any water supply carried to a fire in this location by the fire district would be quickly exhausted fighting a house or wildfire. PROPERTY BOUNDARY ISSUES, The westerly boundary of the proposed subdivision appears to be aligned on the fence line between the Panorama Ranches Subdivision and the McNulty property. The location of this fence line lies inside the surveyed easterly boundary of the Panorama Ranches Subdivision. The existing fence line varies between 50 and 60 feet from the surveyed easterly subdivision boundary. The McNulty's allege that they have acquired this property through adverse possession. However, I am unaware that any quiet title action has been initiated or completed to further this claim. The final plat of the Panorama Ranches Subdivision and the final re -plat of Homestead No. 53 approved by the Garfield County Commissioners identifies a 25 foot conservation and equestrian easement along the easterly boundary of the subdivision. This easement is dedicated for the benefit of the residents in the subdivision. Regardless of whether the McNulty's prevail in their claim of adverse possession, this easement would remain in-place for the benefit of the Panorama Ranches Homeowners. I recommend that, at a minimum, all exemption application materials submitted by the McNulty's and any approvals granted identify this easement and provide for access by the residents in the Panorama Ranches Subdivision. Additionally, any final plat associated with any exemption approval granted should show this easement and clearly identify its availability for use by the Panorama Ranches Subdivision residents. Page 4of5 From: Davis Farrar To: Mark Bean Date: 10/12/98 Time: 09:37:18 • — 4 — October 12, 1998 In section "IV. Suggested Findings" of the staff report paragraph 2 states "that the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and at all interested parties were heard at that meeting" Paragraph 3 states "that for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County." I object to this language being included in a staff report submitted well in advance of any public hearing or any findings by the Garfield County Commissioners. This language pre- supposes that the statements are in fact true and accurate prior to any public input. This language undermines the credibility of the public hearing process and should be eliminated from the staff report. It may be appropriate for the Commissioners to make this finding after the public hearing is closed. However, a presumption that these two conditions exist before a public hearing serves to undermine public trust. The last paragraph in section 5 of the staff recommendations states "all exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." I object to the language "except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." This language is unnecessary and only serves to create objections from adjoining property owners. In case of an emergency, no one will object to lighting that extends beyond the property boundaries for purposes of protecting public health safety and welfare. The inclusion of this language in the staff recommendations provides an opportunity for neighborhood conflict built into the approval process. The Garfield County Zoning Resolution requires, in reference to emission of heat, glare, radiation and fumes by industrial uses, that "every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard." These same standards should also apply to residential uses. The covenants in Panorama Ranches require minimum down cast lighting and prohibit regular use of exterior flood lighting The intent of this language is to minimize un -necessary light pollution. The real benefit of this language is that it allows all residents to enjoy the beauty of the night sky. Thank you for considering my input on this application in my absence. If you have any questions or would like additional information, please contact me. Sincerely, Davis Farrar Page 5 of 5 4. July 1, 1998 RE: Submittal requirement (D) To Whom It May Concern: Following please find a list of the names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption. 1, George and Kim Gcrringcr 880 Buckpoint Road Carbondale, CO 81623 2. Jack and Doris O'Ncili 331 Buck Point Road Carbondale, CO 81623 3, David and Barbara Graves 429 Buckpoint Drive Carbondale, CO 81623 4. Harris Cudelsky and Louise Palazola 2963 Gopher Canyon Road Vista, CA 92084-1211 5. Hans Brucker, Bonnie Rayburn, and Karen Brucker P.O. Box 3 304 Aspen, CO 81612-3304 6. Davis and Cathie Farrar 165 Basalt Mountain Drive Carbondale, CO 81623 7, Riverdale Limited P,O. Box 76, West.s Centre St• Helier, Jersey JE48PQ Channel Islands Regards, Ctitol t \fJ,C3 S''irah Lillian McNulty 82.22: Co , Rd. l I3 clle,^,k► S Cp,,,,,.5 • • To the Bo:ill.Iot County t.ty Corn/yd zti cj jet's: i ii ' ai't1e1d Count rr 1or .(10 We respectfully request to the hoard, the exemption of two 10 3c 313 parcels ori the south end o1pour past , that we ma.3.i have : T73ilable fbr isle a small portion o1 land, with as little irnp €C:t. as possible ori the Demander of" !r pr:Ipert !. • EASEMENT AGREEMENT • LRAFT This Easement Agreement ("Agreement") is made this day of , 1998, by and between Sarah Lillian McNulty ("Grantor"), whose address is 7747 County Road 100, Carbondale, CO 81623 and Hiram G. Richardson and Ann G. Richardson, individuals (collectively, "Grantee") whose address is 0136 Paseo Drive, Carbondale, CO 81623. WITNESSETH FOR TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties intending to be lawfully bound agree as follows: 1. Certain Definitions. For purposes of this Agreement, the following terms shall have the definitions set forth below: A. Counties. Eagle County, Colorado, and Garfield County, Colorado. B. Easement Area. The area which is the subject of a nonexclusive road and utility easement over and across Grantor's Lands for the benefit of the Grantee's Lands, said easement area being legally described in Exhibit "A" attached hereto and made a part hereof. C. Grantee's Lands. Lands owned by Grantee and legally described in Exhibit "B" attached hereto and made a part hereof. D. Grantor's Lands. Lands owned by Grantor and legally described in Exhibit "C" attached hereto and made a part hereof. E. Home Place South. Lands owned by Gary K. McNulty and Sarah Lillian McNulty and legally described in Exhibit "D" attached hereto and made a part hereof. F. Riverdale. Riverdale Limited, a Liberian corporation, whose address is P. O. Box 76, Wests Centre, St. Helier, JE 4 8PQ, Channel Islands. G. Riverdale's Lands. Lands owned by Riverdale and legally described in Exhibit "E" attached hereto and made a part hereof. 2. Grant of Easement. Grantor hereby conveys, assigns, transfers and grants to Grantee a permanent and perpetual, private nonexclusive easement and right-of-way, thirty (30) feet Document Reference: SDPC-28287-2 1 • • in width over and across the Easement Area. The purposes and permitted uses of this easement are as follows: A. For the construction, improvement, maintenance, operation, repair and replacement by Grantor or Grantee of a road, including cutting, clearing, excavating, filling, compacting, grading, surfacing (but not to include paving), snowplowing, dust control, drainage, culverts, revegetation and the like; provided, however, Grantee may not install guardrails, lighting, speed bumps or other improvements within the Easement Area, except those improvements specifically described above, unless the written consent of Grantor shall first be obtained. The road may be constructed in phases with either Grantor or Grantee being entitled to construct any one or more of such phases. Construction of a road shall include any range 'of improvements from simply cutting or blading in a rough road, to gravel or any other improvements allowed hereunder. Further, where a party has performed or installed any road improvements, any other party shall have the right, at its expense, to upgrade or make additions to such improvements. All work shall be done in a good and workmanlike manner and in compliance with all applicable federal, state and local laws, ordinances, rules, resolutions and regulations. The road may be used by motor vehicles of all kinds, as well as non -motorized uses such as bicycles and by pedestrians and by horseback. Use of the road shall be subject to reasonable rules, if any, that may be imposed on all users of the road by Grantor, said rules being to prevent damage to the road or unsafe conditions as to the use thereof. B. For the construction, improvement, maintenance, operation, repair and replacement by Grantor or Grantee of underground utility extensions or services. Utilities shall be installed so as not to interfere with use of the easement for road purposes. For purposes of this Agreement, the term "utilities" shall mean electric, telephone, gas, and cable television. All utilities shall be installed underground, within the Easement Area, but outside the road surface. Notwithstanding the preceding, the surface of the Easement Area may be used where necessary for transformers, pedestals, meters and entry to any vaults, so long as such surface installations are set back from any road surface and the location of the surface installations is approved by Grantor, which approval shall not be unreasonably withheld or delayed. Grantor and Grantee shall have the right, at such party's expense, to tap on to any utilities installed by any other party. The term "utilities", as used herein or elsewhere in this Agreement, does not include any wells, community water systems or any other water rights that a party may develop for the benefit of such party's lands. Where the overall capacity of any utility line or extension is insufficient for the use desired by the party tapping on, such party tapping on shall be responsible, at its expense, for any upgrades (including additional equipment) to accommodate such additional use. Grantor shall also have the right to grant further easements for the use of utility companies supplying service to the Grantor's Lands, which further easements shall include customary provisions found in like or similar agreements used by utility companies for such purposes. Document Reference: SDPC-28287-2 2 • • Where a party has performed or installed any underground utility extensions or services, any other party shall have the right, at its expense, to upgrade or make additions to such extensions or services upon providing written notice to the other party in advance. C. Any party desiring to construct all or any portion of the road, or upgrades or additions thereto, or to extend utility service, shall be responsible for obtaining any permits or other governmental approvals necessary and shall pay all costs and expenses of said construction without right to contribution from the other parties. D. Access to both the Grantor's Lands and the Grantee's Lands across the Easement Area may be temporarily closed to accommodate road construction by Grantor or Grantee. Any construction resulting in a closure will be completed as soon as reasonably possible, not to exceed sixty (60) consecutive days, and, in the event of any closure beyond said period, a temporary alternative access will be provided. E. In the event of any dispute between Grantee and any road contractor hired by Grantee in which the road contractor files a mechanics lien against Grantor's Lands, the amount in dispute (as evidenced by the road contractor's mechanic's lien) shall be paid over and deposited into the Garfield County District Court within fifteen (15) days of receipt of the road contractor's intention to file a lien, to obtain, in accordance with C.R.S. §38-22-131, a substitution bond and the release of the mechanic's lien. Upon release of the mechanic's lien, Grantee shall thereafter be solely responsible for settling any dispute with its road contractor and/or conducting any litigation arising therefrom. F. Grantor, notwithstanding any other provision hereof to the contrary, shall have the right, by written instrument of record, plat or otherwise, in connection with any land use application or any other development of the Grantor's Lands, to dedicate said Easement Area or any part thereof to the public (or to convey part or the entirety of said lands to the Counties for public use) under such terms and conditions as Grantor and the Counties may agree. Grantee hereby agrees to such dedication and irrevocably appoints Grantor as its attorney-in-fact to execute and deliver any documents necessary to carry out said dedication. Upon such dedication, provided that the County accepts the maintenance and snowplowing obligations for such dedicated road, this Agreement shall no longer apply to the Easement Area or to any portions thereof which are the subject of the public dedication. All parties hereto agree to execute and deliver any documents reasonably required by Grantor to evidence that said publicly dedicated road is released from this Agreement. No public dedication or conveyance hereunder shall bind Grantee to any financial obligations without the written consent of Grantee having been first obtained. Document Reference: SDPC-28287-2 3 • • G. In any construction, repair or replacement of roads or utilities hereunder by Grantee, Grantee shall have a temporary license along and outside the boundaries of said easement to pile soils or debris or to store materials or for other temporary purposes related to such construction, repair or replacement; provided, however, when such construction, repair or replacement is completed, Grantee shall, with respect to any disturbed areas outside the boundaries of the easement, promptly restore the same, to the fullest extent reasonably possible, to natural conditions existing prior to such construction, repair or replacement. H. All roads and utilities shall be installed or constructed using such techniques as may be reasonably required to allow for adequate drainage and to avoid significant erosion. 3. Relocation of Easements in Course of Grantor's Land Use Planning. In connection with any land use application (or any subsequent development of Grantor's Lands), Grantor shall have the right to relocate the Easement Area provided that the width of the easement does not exceed seventy five feet (75') and the length does not increase by more than twenty five percent (25%) over the existing length. If the relocation occurs after any road section has been constructed by Grantee, Grantor shall, at its expense, install a new road in replacement of the existing road with the construction thereof being to specifications and of quality equal to or greater than the road being replaced. If utilities have been installed, such utilities shall also at the expense of Grantor be relocated (or, if necessary, new utilities installed) adjacent to the new road. Such relocated utilities shall be of equal or greater capacity as the original utilities. No relocation will cause an interruption of utility services or access. Notwithstanding the preceding, if necessary to accomplish the relocation, a brief interruption of utility service not to exceed three (3) hours shall be permitted, provided at least three (3) days' advance notice is given to any residence that may be affected, and vehicle access may be temporarily relocated until construction of the new road is completed. As further conditions to the relocation of all or any part of the Easement Area, Grantor agrees it will not, without the written consent of Grantee having been first obtained: (i) change the point where the Easement Area intersects the Grantee's Lands, or (ii) have any grades exceed ten percent (10%), or (iii) by such relocation, create any significantly greater potential then currently exists for undue road icing problems within shaded areas due to existing topography, or (iv) result in a disconnection of the Easement Area from Easement No. 3 as such term is defined in that certain Easement Agreement dated May 16, 1996, by and between HLEM Investments, LTD., Grantor, and Riverdale Limited, which Easement Agreement was recorded June 21, 1996, in the real estate records of Eagle County, Colorado, in Book 698 at Page 52. 4. Road Maintenance. Either Grantor or Grantee may, but shall not be obligated to, take responsibility for contracting for and/or providing for the adequate and timely maintenance, operation and repair of the road improvements installed in the Easement Area ("Maintenance Costs"), including snow removal. If two or more parties desire to perform such maintenance Document Reference: SDPC-28287-2 4 • function at the same time, then the parties shall do so in alternate calendar years, with the first party to perform such function being the Grantor. Where a party intends to take responsibility to perform any maintenance, operation or repair to the road, such party shall, not less than ten (10) days prior to the commencement of any work, give written notice thereof to the other parties. Notwithstanding the preceding, if there is no public dedication of the Easement Area in accordance with Paragraph 2 F. above, and the Grantor's Lands are subdivided and a homeowners' association formed to provide, among other things, road maintenance and snowplowing for the Easement Area, or in any relocation thereof as permitted under this Agreement, then such road maintenance and snow removal shall be performed solely by said association, unless said association waives this right by an instrument to that effect duly recorded in the real estate records of the Counties. Regardless of which party performs the maintenance, operation or repair, Grantor and Grantee shall be responsible for the payment of the Maintenance Costs in accordance with the following: A. Neither Grantor nor Grantee shall be obligated to contribute to Maintenance Costs until "Significant Development", as that term is defined below, shall occur on such party's lands. B. The term "Significant Development" shall mean when land of that owner has received any permits, whether excavation, building or otherwise for the construction of any residential dwellings using the road. With respect to residential dwellings, a guest house or caretaker unit, whether attached or detached to the primary dwelling, shall not be counted as an additional dwelling. C. At such time as Significant Development shall occur on the Grantor's Lands and the Grantee's Lands, said owners shall contribute to Maintenance Costs, based on a fraction, the denominator of which is the total number of permits for residential dwellings using the road or with the right to use the road on all said lands and the numerator being the number of permits for residential dwellings on the Grantor's Lands or the Grantee's Lands, respectively, using the road. D. Where a party is obligated to contribute, Maintenance Costs shall be paid to the party providing such services within thirty (30) days after an itemized statement for the same shall be delivered to the other party and, if not paid within the time provided, shall bear interest at the rate of one and one-half percent (1.5%) per month. E. Notwithstanding any other provision hereof: (i) should the road be damaged (other than ordinary wear and tear), which damage is attributable to either Grantor or Grantee, such as by the use thereof by heavy construction equipment, then the party responsible for such damage shall, at its expense, be responsible for promptly repairing all such damage, and (ii) should the road by damaged by casualty or acts of God, such as flood, slides or washouts, the parties will share the costs of repairing such damage in the manner provided in Paragraph 4C. above. In the event such Document Reference: SDPC-28287-2 5 • • damage shall occur prior to the time that said Paragraph 4C. shall become operative, then the parties shall share equally the cost of repairing such damage. Notwithstanding the preceding and prior to the time that Paragraph 4C. shall become operative, if the road has been constructed solely by one of the parties and is not being used by the other party or parties, then, in the event of damage by casualty or act of God, the sole party shall pay all costs of repairing such damage. F. Maintenance Costs shall be the personal obligation of each of Grantor and Grantee; however, such future and continuing obligation shall cease for any portion of lands upon the transfer of title to such particular portion of lands. Each subsequent owner of any of the Grantor's Lands or the Grantee's Landsshall, upon transfer of title to such owner, become personally liable for that portion of the Maintenance Costs attributable to such owner's lands during the period of such ownership. No transfer of title shall relieve any owner of the obligation to pay for Maintenance Costs attributable to such owner's lands during such owner's period of ownership. Where there is more than one owner, each owner shall be jointly and severally liable for all Maintenance Costs attributable to such lands. G. Where any owner shall fail or refuse to pay any Maintenance Costs plus interest within one hundred twenty (120) days from the mailing or delivery of the statement in accordance with Paragraph 13 below, then, without limit to any right or remedy, such owner's right to use the Easement Area shall completely terminate (except for emergency ambulance, police or fire protection services) until all past due Maintenance Costs plus interest are paid. H. The obligation to pay Maintenance Costs, together with interest and reasonable attorneys' fees in the collection thereof, shall be secured by a lien on the lands of such owner. The lien shall attach from the date when the unpaid statement shall become due, shall be a continuing lien upon such lands, together with interest, costs and reasonable attorneys' fees. Upon the expiration of seventy five (75) days after the recording of a lien statement setting forth the amount of the unpaid Maintenance Costs, the name of the delinquent owner, a legal description of lands affected and such other matters as may be appropriate, the lien may be foreclosed upon in the same manner as a mortgage of real estate. A party who disputes all or any part of its unpaid Maintenance Costs shall have the right, prior to the expiration of thirty (30) days from the mailing or delivery of the statement in accordance with Paragraph 13 below, to demand that the dispute be resolved by arbitration in accordance with Paragraph 6 below and during the pendency of such arbitration, all collection proceedings for the recovery of such Maintenance Costs, including foreclosure shall be stayed. If no timely demand for arbitration is made, then the right to arbitration is waived with respect to the Maintenance Costs which were the subject of that particular statement. In order to Document Reference: SDPC-28287-2 6 • • discourage any party from using arbitration proceedings solely to delay or avoid payment of just Maintenance Costs, it is agreed that if a party timely demands arbitration with respect to any allegedly disputed Maintenance Costs and does not prevail in such arbitration, said party shall not have any further right to submit any disputed Maintenance Costs to arbitration hereunder for a period of two (2) years from the date of the adverse decision of the arbitrator. 5. Future Dedications. In the course of any land use planning or development of the Grantor's Lands, Grantor may designate the Easement Area as a driveway easement to service one or more parcels on the Grantor's Lands, and the owners of said parcels shall have the same rights as provided in Paragraph 2 above to construct or improve said driveways or extend utilities to service residences to be constructed on said lots. It is the intent of this Paragraph 5 and the agreement of the parties that any owner of a parcel within the Grantor's Lands desiring to use the Easement Area shall, to the extent of the length thereof used for access and/or utilities, be subject to all the requirements of this Agreement concerning construction, maintenance, operation, repair and replacement thereof and contribution to Maintenance Costs. 6. Arbitration Regarding Maintenance. The parties recognize that, at the time of the execution of this Agreement, it may not be possible to foresee or adequately provide for maintenance, operation and repair to roads or for the payment for Maintenance Costs under each and every circumstance that may arise. Accordingly, it is the agreement of the parties that, should a dispute exist as to such matters, such dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, except as otherwise provided herein. Arbitration shall take place at a convenient location in Glenwood Springs, Colorado, and the parties shall share equally all costs associated with the arbitration. Any arbitration hereunder shall be conducted in an expedited fashion so that the proceedings shall be completed and the decision of the arbitrator obtained no later than forty-five (45) days after any party first requests arbitration of a matter. In any arbitration proceedings, there shall be only one arbitrator. Any decision of the arbitrator shall be consistent with the terms, provisions and conditions of this Agreement. Under no circumstances shall the arbitrator have any authority whatsoever to vary from any express provision of this Agreement. The arbitrator's authority to make any binding decisions shall be strictly limited to disputes arising out of Paragraph 4 of this Agreement involving maintenance, operation and repair to roads and the payment of Maintenance Costs. 7. Lands Benefitted. Lands intended to be benefitted by this Agreement and subject to the obligation to contribute to Maintenance Costs as provided in Paragraph 4 above shall include the Grantor's Lands and the Grantee's Lands. In addition to the lands described in the preceding sentence, Grantor or the then owners of Home Place South and Riverdale's Lands shall have the right, upon written notice to Grantee, and the recording of an instrument in the real estate records of Eagle and Garfield Counties, signed and duly acknowledged by the then owners of Home Place South and Riverdale's Lands, to have all or part of said Home Place Document Reference: SDPC-28287-2 7 • South and Riverdale's Lands included as lands benefitted by this Agreement. Such instrument must include an express undertaking on the part of the owners of Home Place South and Riverdale's Lands or so much thereof as is intended to be benefitted by this Agreement that such owners and their lands shall be subject and obligated to all the terms, provisions, obligations, restrictions and conditions of this Agreement, including, but not limited to, the obligation to contribute to Maintenance Costs. No lands other than the Grantor's Lands, the Grantee's Lands, Home Place South and Riverdale's Lands are intended to be benefitted by this Agreement or shall have any right to use the easement which is the subject matter hereof. Owners of lands benefitted by this Agreement, their guests and invitees shall have the right to use the easement which is the subject matter hereof. 8. Indemnity. Grantor and Grantee agree to protect, indemnify and hold harmless the other from and against any loss, damage or claims, including reasonable attorneys' fees and costs arising out of: (i) the use of the easement herein granted by such party or its successors or assigns and their guests and invitees, which indemnity shall include, without limitation, injury or loss to persons or property, and (ii) any mechanic's lien claims for unpaid labor, services or materials affecting any of the property which is the subject of the easement herein granted; provided, however, the liability of Grantor under this indemnity shall in all events be limited to the interest of Grantor in and to the Grantor's Lands and the liability of Grantee under this indemnity shall in all events be limited to the interest of Grantee in and to the Grantee's Lands. Should Home Place South and Riverdale's Lands or any part thereof obtain the benefits of this Agreement, the owners of such lands shall all be parties to this indemnity with their liability in all events being limited to their interest in said lands. Grantor and Grantee and, if applicable, owners of all or any part of Home Place South and Riverdale's Lands agree that at such time as any portion of the road is constructed and any use thereof commences, each party shall obtain, at its expense, and keep in full force and effect with a reputable insurer, general public liability insurance for the subject easements with a limit of not less than One Million Dollars ($1,000,000.00); and shall provide the other parties with proof of such insurance. Each of said policies shall, to the extent a waiver can be obtained from such party's insurer, include waivers of subrogation and each party hereto does, unless otherwise limited by such party's insurance policy, expressly waive all rights of subrogation. The indemnity given by each party hereunder shall only be in effect to the extent such party fails to maintain the agreed upon insurance coverage or where such coverage is maintained, then only to the extent such coverage is inadequate or does not cover the event of loss. Any indemnity given hereunder shall, along with any obligation to provide insurance, automatically terminate with respect to any portion of the easement herein granted at such time as said portion(s) shall be dedicated (or conveyed to the Counties, or either of them) for public use. 9. Representations of Grantor. Grantor hereby represents to Grantee that: A. Grantor is well seized and has good title to the Grantor's Lands free and clear of all liens, taxes (other than property taxes for the calendar year hereof), encumbrances or Document Reference: SDPC-28287-2 8 • • other matters which could impair the easement or result in said easement being extinguished. B. Subject to the terms of this Agreement, Grantee shall have quiet and peaceful, nonexclusive possession and use of the easement herein granted for the purposes intended. 10. Representations of Grantee. Grantee is well seized and has good title to the Grantee's free and clear of all liens, taxes (other than property taxes for the calendar year hereof) which could impair or limit the binding effect of this Agreement upon said lands. 11. Mutual Representations. Grantor and Grantee represent each to the other parties that: A. Such party has full power and authority to create, deliver, execute and perform this Agreement, and that all action on the part of said party required for the due creation and performance of this Agreement and for the due execution, delivery and performance of any other document to be made or given in connection herewith has been duly, fully and effectively taken. B. Such party is not, nor will the execution, delivery or performance of and compliance with the terms, provisions or conditions of this Agreement or any documents made or given in connection therewith cause such party to be, in violation of any laws now in effect or the terms of any contract, document, instrument or undertaking to which it is a party or its assets are bound. C. There is no action, suit or proceeding pending or, to the knowledge of such party, threatened against such party before any court, governmental department, administrative agency or instrumentality which, if such action, suit or proceeding were adversely determined, would materially adversely affect the ability of such party to perform its obligations under this Agreement or any documents made or given in connection herewith. 12. Cooperation with Land Use Planning. Grantee agrees not to oppose, directly or indirectly, any land use application filed by Grantor or Riverdale as to the Grantor's Lands, Home Place South, or Riverdale's Lands. 13. Notices. Any notice which any party hereto gives to any other party hereunder shall be in writing and shall be: (i) delivered in person, or (ii) mailed, postage prepaid, either by registered or certified mail, return receipt requested, or (iii) sent by overnight express carrier, addressed in each case as follows: Document Reference: SDPC-28287-2 9 • • To Grantor: Sarah Lillian McNulty 7747 County Road 100 Carbondale, Colorado 81623 With Copy to: Silver & DeBoskey, P.C. The Smith Mansion 1801 York Street Denver, Colorado 80206 Attn: Joe L. Silver, Esq. Leslie G. Toepfer, Esq. To Grantee: Hiram G. Richardson Ann G. Richardson 0136 Paseo Drive Carbondale, CO 81623 With Copy to: Larry Mincer, Esq. P. O. Box 850 811 Colorado Avenue Glenwood Springs, CO 81601 or to any other address as to any of the parties hereto, shall designate in a written notice to the other parties hereto. All notices sent pursuant to the terms hereof shall be deemed received: (i) if personally delivered, then on the date of delivery, (ii) if sent by overnight, express carrier, then on the date of delivery, or (iii) if sent by registered or certified mail, then on the earlier of the third business day following the day sent or when actually received. 14. Preparation of Legal Descriptions. In accordance with C.R.S. §38-35-106.5, the legal descriptions appearing in Exhibits "A" and "B" are newly created and were prepared by Schmueser Gordon Meyer Inc., whose address is 118 W. 6th Street, Suite 200, Glenwood Springs, Colorado 81601. 15. Remedies of Parties. Except where a different remedy is provided elsewhere in this Agreement, where any party hereto shall fail or refuse to timely perform any obligation hereunder or comply with any of the terms, provisions or restrictions hereof, the party or parties not in default shall have the right to an action for specific performance or any other equitable relief to obtain such performance or compliance together with the right to an action for damages or other remedies at law as a result of such nonperformance or noncompliance. Document Reference: SDPC-28287-2 10 • • 16. CCIOA Not Applicable. The parties do not intend for this Agreement or any part hereof to be subject to or governed by the provision of the Colorado Common Interest Ownership Act ("CCIOA"). The parties hereto each hereby declare, to the best of their knowledge and belief, that the subject matter of this Agreement is outside the scope, purposes and intent of the legislative declaration set forth in C.R.S. §38-33.3-102 of CCIOA. To the fullest extent permitted by law, the parties waive any right to claim that this Agreement or any part hereof shall be subject to or governed by the provisions of CCIOA. If, notwithstanding the foregoing, it should ever be determined by a Court of competent jurisdiction (after all rights of appeal are exhausted or shall lapse) that this Agreement or any part hereof shall be subject to or governed by the provisions of CCIOA, then, from the date of this Agreement, Grantor as to Grantor's Lands, and Grantee as to Grantee's Lands, reserve for a period of ninety-nine (99) years, or the longest period that such rights may be served, all "development rights" as set forth in C.R.S. §38-33.3-103(14) and all "special declarant rights" as set forth in C.R.S. §38-33.3-103(29) as to their respective lands. 17. Jurisdiction and Venue. Grantor and Grantee hereby agree that all actions or proceedings initiated by either of them arising directly or indirectly out of this Agreement shall be litigated in the State Courts of Colorado located in Garfield County, Colorado. Grantor and Grantee hereby expressly submit and consent in advance to such jurisdiction in any action or proceeding commenced in such courts and agree that service of summons and complaint or other process or papers may be made by registered or certified mail sent pursuant to this Agreement. Grantor and Grantee waive any claim that Garfield County, Colorado is an inconvenient forum or an improper forum based on lack of venue. Should either Grantor or Grantee, after being so served, fail to appear or answer to any summons, complaint, process or papers so served within the number of days prescribed by law after the mailing thereof, said party shall be deemed in default and an order and/or judgment may be entered by said State Court located in Garfield County, Colorado, against said party as demanded or prayed for in such summons, complaint, process or papers. 18. Miscellaneous. A. Should any provision of this Agreement be deemed invalid due to violation of the rule against perpetuities or any other rule of law relative to the vesting or alienation of property, such provision shall nevertheless remain in effect for the longest period permitted by law as though such provision had originally been enforceable. B. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Colorado. C. All exhibits attached to this Agreement are incorporated herein by this reference and made a part hereof. Document Reference: SDPC-28287-2 11 • D. Upon execution by all parties, this Agreement will be recorded in the real estate records of the Counties. E. All provisions of this Agreement, including the benefits and burdens, shall run with the land and are binding upon and inure to the benefit of the parties, their heirs, successors and assigns. F. This Agreement constitutes the entire understanding and agreement between the parties relating to the subject matter hereof. All preceding agreements relating to the subject matter hereof, whether written or oral, are hereby merged into this Agreement. G. Any waiver by any party hereto of any breach of any kind or character whatsoever by the other party, whether such be direct or implied, shall not be construed as a continuing waiver of or consent to any subsequent breach of this Agreement on the part of the other party. H. As to the easement granted herein, Grantor reserves the right to use and enjoy the property burdened by such easement, including the lands beneath and the airspace above, for all purposes and uses which do not unreasonably interfere with such easement. In the event of any action for breach of, to enforce the provisions of, or otherwise involving this Agreement, the court or arbitrator in such action shall award a reasonable sum as attorneys' fees to the party who, in light of the issues litigated and the court's or arbitrator's decision on those issues, was the prevailing party in the action. If a party voluntarily dismisses an action, a reasonable sum as attorneys' fees shall be awarded to the other party. J. This Agreement may not be amended or modified, except by an agreement in writing signed by the parties hereto. K. Time shall be of the essence in the performance of this Agreement. L. If any time period referred to in this Agreement shall end on a Saturday, Sunday or legal holiday, such time period shall automatically be extended to the first regular business day thereafter. M. This Agreement may be executed in several counterparts and, after execution and as executed, shall constitute an agreement binding on all of the parties, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Document Reference: SDPC-28287-2 12 • • N. Each of the parties agree to execute, acknowledge, deliver, file and record, or cause to be executed, acknowledged, delivered, filed and recorded such further instruments and documents and certificates and to do all things and acts as the other party may reasonably require in order to carry out the intentions of this Agreement and the transaction contemplated hereby. O. Each provision contained in this Agreement shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any of the Grantor's Land's or the Grantee's Lands is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument. P. Unless the context shall otherwise provide, a singular number shall include the plural, a plural number shall include the singular, and the use of any gender shall include all genders. Q. Unless expressly provided and then only in strict compliance with such provisions, nothing contained in this Agreement shall be deemed to be a gift or dedication of all or any part of the Grantor's Lands to the public or for any public use. R. Except as provided in Paragraph 7 above, this Agreement is only for the benefit of the parties hereto and their permitted successors and assigns. No other person or entity or adjacent property or property owner shall be entitled to rely on any matter set forth herein or shall gain any rights herein. S. The titles and headings of any articles or paragraphs of this Agreement have been inserted as a matter of convenience of reference only and shall not control or affect the meaning or construction of any of the terms of provisions of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Easement Agreement as of the day and year first written above. Sarah Lillian McNulty Hiram G. Richardson Ann G. Richardson Document Reference: SDPC-28287-2 13 STATE OF COLORADO COUNTY OF • • Acknowledged before me this day of , 1998, by Sarah Lillian McNulty. (seal) Witness my hand and seal. My commission expires Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged before me this day of ,1998, by Hiram G. Richardson. Witness my hand and seal. My commission expires (seal) STATE OF COLORADO COUNTY OF (seal) Acknowledged before me this Witness my hand and seal. Notary Public ) ) ss. ) day of My commission expires Document Reference: SDPC-28287-2 , 1998, by Ann G. Richardson. Notary Public 14 • • EXHIBIT A EASEMENT AREA [TO BE PREPARED BY SURVEYOR] Document Reference: SDPC-28287-2 15 • • EXHIBIT B GRANTEE'S LANDS A parcel of land situated in Section 16, Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point whence the north 1/4 comer of said Section 16 bears N. 00°01"15" W. 207.66 feet; Thence S. 00°01'15" E. 1101.69 feet; Thence N. 88°50'50" W. 1380.26 feet; Thence N. 00°26'32" W. 1101.70 feet; Thence S. 88°51'18" E. 1388.37 feet to the Point of Beginning, County of Garfield State of Colorado Document Reference: SDPC-28287-2 16 • • EXHIBIT C GRANTOR'S LANDS [CONFIRM] Township 7 South, Range 87 West, 6th P.M.: Section 15: North 1/2 Northwest 1/4 Section 16: Northeast 1/4 Northeast 1/4, West 1/2 Northeast 1/4, Northwest 1/4, Southeast 1/4 Section 21: Northwest 1/4 Northeast 1/4 County of Eagle, State of Colorado Excepting approximately 6.759 acres conveyed to HLEM Investments, Ltd. By Bargain and Sale Deed dated May 24, 1996 and recorded in Book 698 at Page 51 of the Eagle County Real Estate Records, and excepting approximately 3.049 acres conveyed to HLEM Investments, Ltd. by Bargain and Sale Deed dated May 25, 1996 and recorded in Book 698 at Page 50 of the Eagle County Real Estate Records. Document Reference: SDPC-28287-2 17 • • EXHIBIT D LEGAL DESCRIPTION OF SOUTH PARCEL A tract of land situate in Sections 4, 5 and 9, Township 7 South, Range 87 West of the 6th Principal Meridian being more particularly described as follows: Beginning at the northeast corner of Lot 2 of said Section 9 whence the southeast corner of said Section 4 bears S 87°49'10" E 354.72 feet; thence N 87°41'55" W 1611.62 feet along the north line of said Section 9; thence S 2°16'51" W 227.38 feet; thence S 41 °4738" E 101.78 feet; thence S 23°58'32" E 62.91 feet; thence S 4°51'54" W 44.84 feet; thence S 24°1516" W 74.23 feet; thence N 51°15'35" W 155.15 feet; thence 182.00 feet along the arc of a curve to the left, having a radius of 89.78 feet, a central angle of 116°09'02", and subtending a chord bearing S 70°39'54" W 152.40 feet; thence S 12°35'23" W 102.41 feet; thence 67.20 feet along the arc of a curve to the right, having a radius of 60.39 feet, a central angle of 63°45'37", and subtending a chord bearing S 44°28'11" W 63.79 feet; thence S 76°20'59" W 41.82 feet; thence 54.36 feet along the arc of a curve to the left, having a radius of 237.57 feet, a central angle of 13°06'36", and subtending a chord bearing S 69°4T41" W 54.24 feet; thence S 63°14'24" W 135.41 feet to the center of a county road as built and in place; thence along the center of said county road the following courses: 117.30 feet along the arc of a curve to the left, having a radius of 1087.17 feet, a central angle of 6°10"55", and subtending a chord bearing N 30°32'20" W 117.24 feet; thence N 33°37'48" W 97.66 feet; thence 99.60 feet along the arc of a curve to the left, having a radius of 453.67 feet, a central angle of 12°34'43", and subtending a chord bearing N 39°55'09" W 99.40 feet; thence N 46°12'31" W 295.08 feet; thence N 48°3015" W 241.86 feet; thence 99.05 feet along the arc of a curve to the right, having a radius of 293.75 feet, a central angle of 19°19'11", and subtending a chord bearing N 38°50'39" W 98.58 feet; thence N 29°1104" W 2.03 feet; thence 97.07 feet along the arc of a curve to the left, having a radius of 164.05 feet, a central angle of 33°54'06", and subtending a chord bearing N 46°08'07" W 95.66 feet; thence N 63°05'10" W 211.65 feet; thence 99.94 feet along the arc of a curve to the left, having a radius of 1141.50 feet, a central angle of 5°00'58", and subtending a chord bearing N 65°35'39" W 99.90 feet; thence N 68°06'08" W 222.72 feet; thence 199.30 feet along the arc of a curve to the right, having a radius of 975.76 feet, a central angle of 11°42'10", and subtending a chord bearing N 62°15'03" W 198.96 feet; thence N 56°23'57" W 157.49 feet; thence 446.63 feet along the arc of a curve to the left, having a radius of 1489.89 feet, a central angle of 17°10'32", and subtending a chord bearing N 64°5914" W 444.95 feet; thence N 73°34'30" W 518.05 feet; thence 99.91 feet along the arc of a curve to the left, having a radius of 962.89 feet, a central angle of 5°56'42", and subtending a chord bearing N 76°32'51" W 99.87 feet; thence N 79°31'12" W 163.58 feet; thence 194.03 feet along the arc of a curve to the right, having a radius of 325.11 feet, a central angle of 34°11'40", and subtending a chord bearing N 62°25'22" W 191.16 feet; thence N 45°19'32" W 89.37 feet; thence leaving said county road center on a course bearing: N 1°13'40" E 232.72 feet; Document Reference: SDPC-28287-2 18 • • thence N 67°33'42" E 100.76 feet; thence N 14°1122" E 529.43 feet; thence N 45°00'15" E 290.40 feet; thence N 35°42'50" E 490.69 feet; thence N 53°33'10" E 282.38 feet; thence N 37°40'31" E 460.17 feet; thence N 57°42'15" E 400.31 feet; thence N 20°27'45" E 185.74 feet; thence N 38°54'59" E 150.93 feet; thence N 32°27'04" E 232.99 feet; thence N 66°25'06" E 591.31 feet; thence N 45°34'07" E 153.29 feet to the north line of the SE1/4 of the NW1/4 of said Section 4; thence N 88°17'13" W 1112.62 feet along said north line; thence N 88°17'13" W 1329.88 feet along the north line of the SW1/4 of the NWl/4 of said Section 4; thence S 1°0324" W 1314.25 feet along the west line of the SW1/4 of the NW1/4 of Section 4; thence S 1°13'40" W 876.03 feet along the west line of Government Lot 5 of said Section 4 to the south right-of-way line of a county road; thence 116.01 feet along the arc of a non -tangent curve to the right, having a radius of 380.55 feet, a central angle of 17°28'01", and subtending a cord bearing S 36°41'15" W 115.56 feet along said right-of-way line; thence S 45°25'15" W 327.64 feet along said right-of-way line; thence N 89°07'24" W 1333.87 feet along the north line of Government Lot 14 of Section 5; thence S 0°49'13" W 1320.00 feet along the west line of the east 1/2 of the Wilbert Lewis Pre -Exemption; thence N 89°07'24" W 21.20 feet along the north line of Government Lot 15; thence S 1°22'12" W 107.98 feet along the east line of a tract of land described in Book 502 at Page 215 of the records of the Clerk and Recorder of Garfield County, Colorado; thence S 00°46'36" W 35.37 feet along the west line of a tract of land described in Rec. No. 281481 of said Garfield County records; thence S 88°58'50" E 1641.64 feet along the south line of said Rec. No. 281481 to the west line of said Section 9; thence S 002028" W 2622.27 feet along the west line of Section 9 to the west 1/4 corner of Section 9; thence S 0°20'28" W 1328.82 feet along the west line of the NW1/4 of the SW1/4 of Section 9; thence S 87°35'58" E 2756.57 feet along the south line of the NW1/4 of the SW1/4 and the south line of Government Lot 12 of said Section 9; thence N 0°40'32" W 186.78 feet along the east line of said Government Lot 12; thence S 89°09'23" E 902.38 feet along the south line of Government Lot 10; thence S 89°09'23" E 1320.00 feet along the south line of said Government Lot 10; thence N 0°48'11" E 1011.54 feet along the east line of Government Lot 10 to the south bank of Cattle Creek; thence along the south bank of Cattle Creek the following courses: N 77°04'09" W 31.66 feet; thence S 85°53'15" W 170.09 feet; thence N 75°44'28" W 144.38 feet; thence N 2°13'15" W 53.07 feet; thence N 31°07'39" W 23.55 feet; thence N 59°21'45" W 92.86 feet; thence N 7°45'49" W 39.91 feet; thence N 76°34'45" W 36.83 feet; thence N 5°02'52" W 30.83 feet; thence Document Reference: SDPC-28287-2 19 • • N 31°18'28" W 78.54 feet; thence N 67°58'00" W 57.65 feet; thence N 65°13'08" W 177.89 feet; thence N 89°12'06" W 85.25 feet; thence N 50°22'51" W 102.95 feet; thence N 12°32'47" W 67.29 feet; thence N 65°17'39" W 119.42 feet; thence N 50°44'16" W 104.74 feet; thence N 33°24'16" W 91.10 feet; thence N 80°43'54" W 156.24 feet to the west line of Government Lot 8 of Section 9; thence N 1°00'02" E 908.38 feet along the west line of Government Lots 8 and 1 to the southwest corner of Government Lot 2; thence S 88°59'58" E 1320.00 feet along the south line of said Government Lot 2; N 1°00'02" N 1108.07 feet along the east line of Government Lot 2 to the point of beginning, said parcel contains 542.041 acres more or less. EXCEPT: A tract of land situate in Section 4, Township 7 South, Range 87 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point whence the southeast comer of said Section 4 bears S 66°43'44" E 5349.05 feet; thence S 77°41'08" W 423.72 feet to a point on the west line of said Section 4; thence N 1°13'40" E 391.47 feet along the west line of Section 4; thence N 90°00'00" E 622.00 feet; thence S 35°42'50" W 370.73 feet to the point of beginning, said parcel contains 4.000 acres more or less. Document Reference: SDPC-28287-2 20 • • EXHIBIT E LEGAL DESCRIPTION FOR RIVERDALE LANDS [CONFIRM] Township 7 South, Range 87 West, 6th P.M.: Section 16: Southwest 1/4 Southeast 1/4 Section 21: Northwest 1/4 Northeast 1/4 County of Eagle, State of Colorado Excepting approximately 6.759 acres conveyed to HLEM Investments, Ltd. by Bargain and Sale Deed dated May 24, 1996, and recorded in Book 698 at Page 51 of the Eagle County Real Estate records. Township 7 South, Range 87 West, 6th P.M.: Section 16: Southeast 1/4 Northwest 1/4, Northeast 1/4 Southwest 1/4, Southeast 1/4 Southwest 1/4 County of Garfield, State of Colorado. Document Reference: SDPC-28287-2 21 • • EASEMENT AGREEMENT JRAFP THIS AGREEMENT, made and entered into as of the day of , 1998, by and between Sarah Lillian McNulty, hereinafter called "Grantor," and Kim* et-,iwiew n and .G,44kiimmlion, hereinafter collectively called "Grantee." WITNESSETH: For and in consideration of the sum of TEN AND NO/100ths Dollars ($10.00) and other good and valuable consideration to the Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, the Grantor hereby grants to the Grantee, its successors and assigns, the non-exclusive right to enter and use the hereinafter described property solely to construct, maintain, repair, replace, remove, and operate one or more utility lines and all underground appurtenances thereto, including underground cables, wires and connections in, through, over and across the following described parcel of land situate, lying and being in the County of Garfield and State of Colorado, to -wit: [SURVEYOR TO PREPARE LEGAL DESCRIPTION FOR 20 FOOT EASEMENT] IT IS HEREBY MUTUALLY covenanted and agreed by and between the parties hereto as follows: 1. The Grantee shall have and exercise the right of ingress and egress in, to, over, through and across the above described property for any purpose necessary to the enjoyment of the right of entry and use provided for herein. 2. [DISCUSS] The Grantor shall not construct or place any permanent structure, building, or plant any tree, woody plant or nursery stock, on any part of the above described easement. Any structure, building or tree of any kind situated on the above described easernent may be removed by the Grantee without liability for damages arising therefrom. 3. Existing fencing disturbed or destroyed by the Grantee in constructing its facilities shall be repaired or replaced by the Grantee to its original condition as nearly as may reasonably be done. 4. All utility lines and facilities installed within the above described easement shall be laid not less than three (3) feet below the natural surface of the adjacent ground. 5. The Grantee shall have and exercise the right of subjacent and lateral support to whatever extent is necessary or desirable for the enjoyment of the rights hereinabove described. It is specifically agreed between the parties that the Grantor shall take no action which would impair the earth cover over, or the lateral or subjacent support for any lines and facilities within the easement; provided, however, that upon obtaining the specific written permission of the Grantee (which shall not be unreasonably withheld, conditioned or delayed), the earth cover over any lines or facilities may be modified. 6. After construction, repair and/or maintenance of any lines or facilities, the general surface of the ground and any natural vegetation thereon shall be restored, as nearly as may reasonably be done, to the grade and condition it was in immediately prior 10 construction. Topsoil shall be replaced in cultivated and agricultural areas, and any excess earth resulting from installations by the Grantee shall be removed from the easement at the sole expense of the Grantee. The Grantee agrees that for a period of one (1) year following construction which involved disturbance of the surface of the ground, the Grantee will maintain the surface elevation and quality of the soil and the vegetation by correcting any settling or subsidence that may occur as a result of the work done by the Grantee. 7. 111e Grantor has retained the right to the undisturbed use and occupancy of the subject property insofar as such use and occupancy is consistent with and does not impair any grant herein contained and except as herein otherwise provided. Grantor shall have the right, at Grantor's expense, to tap on to any utilities installed within the Easement Area by the Grantee. Where the overall capacity of any utility line or extension is insufficient for the use desired by the Grantor, the Grantor shall be responsible, at its expense, for any upgrades (including additional equipment) to accommodate such additional use. 8. In case the Grantee shall abandon its rights herein granted and cease to use the same, all right, title and interest hereunder of the Grantee shall cease and terminate, and the Grantor shall hold said premises, as the same may then be, free from the rights so abandoned and shall own all material and structures of the Grantee so abandoned, but nothing herein shall be construed as working a forfeiture or abandonment of any interest derived hereunder and not owned by the Grantee at the time of the abandonment of the Grantee's rights. 9. The grant of easement contained herein is made subject to title matters, including easements, covenants and encumbrances, currently of record or otherwise affecting the above described property. DocumentRefetence; SDPC-28284.2 • • 10. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed the within Easement Agreement as of the day and year first above written. STATE OF COLORADO COUNTY OF (seal) ) ) ss. SARAH LJLLJAN MONULTY ,NAF i Acknowledged before me this day of , 1998, by Sarah Lillian McNulty. Witness my hand and seal. My commission expires Document Reference: SDPC-28284-2 Notary Public Fecoted at /1,1°,6' o'clock DEC 2 2 1994 Reception No.4 72442 M.LDR arALSDORF, RECORDER GARFIELD COUNTY, COLORADO �ra1, `f7 QUIT CLAIM DEED (CORRECT/ON DEED) TIM DEED is made thisknown % qday of ).e.-CQ��1/l , 1994, between GARY K. McNu, as GARY K£:rn McNut;I'Y, o t e County of Mesa and State of Colorado, GRANTOR, and 1rySARAH6o LILLIAN MCNULTY, whose legal address is 7747 County Road 100, Carbondale, Colorado, 81626, GRANTEE for the purpose of correcting the legal description contained in a certain similar decd, dated to_i.* /C s , which deed conveyed fee title to the properties described herein from the same GRANTOR to the same GRANTER. WITNESSETH, That the GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, sold and oUrr CLAIMED, and by these presents does remise, sell and OUiT CLAIM unto the GRANITE, and her heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the GRANTOR has in and to the real property, together with improvements, if any, situate, lying and being in the County of Eagle and the County of Garfield, and the State of Colorado, described as follows: A tract of land located in Township 7 South, Range 87 West of the 6th P.M., Eagle and Garfield Counties and State of Colorado, which parcel is more particularly described as follows: In Section 9 of said T7S, R87W -- That portion of Lot 9 lying South of the North Bank of Cattle Creek, Lots 13, 14, 15, and the SSW+ In Section 10 of said T7S, R87W -• That portion of Lot 1 lying South of the North Bank of Cattle Creek, Lots 2 & 3, NE1/4SW1/4, SE1/4SWI In Section 16 of said T7S, R87W -- N1/2N \'1/4 AC 2 2 1994 b00CUUCO 11.01 r ARF1 LD State Doc. Fag In Section 16 of said T7S, R87W -- NE1/4NW1/4 and W1/2NE1/4 and NE1/4NE1/4 and NW1/4SE1/4 which parcels contain a total of 602 acres. TOGETHER WITH: (a) A non-exclusive right for GRANT1.13 and her successors to utilize, in common with Riverdale Limited, a Corporation organricd under the laws of Liberia, and its successors, GRANTOR'S rights under a certain Easement Agreement between GRANTOR and HLEM investments, Limited, saki Agreement being dated June 30, 1987, and recorded August 27, 1987 in the Eagle, County Records in Book 587 at Page 934. (b) A non-exclusive right for GRfr THF and her successors to utilize, in common with Riverdale Limited, a Corporation organized under the laws of Liberia, and its successors, GRANTOR'S rights retained in the grant of an easement to said Riverdale Limited, said grant being contained in that certain Warranty Deed from GRAN"rolt to said Riverdale Limited dated April 23, 1993. Said easement is for thirty (30) feet on each side of a centerline for the purposes of a roadway, and an additional ten (10) feet on each side for utility purposes; said centerline being more particularly described as follows: Commencing at a 21" aluminum cap LS No. 22580 in place for the East Center 1/16 corner of said Section 16, thence along the East line of said Northwest Quarter of the Southeast Quarter S 00°07'32"E, 126.37 feet to a point on the centerline of an existing road as constructed and in place, THE TRUE POINT OF BEGINNING; thence along the centerline of said road N67°05'00"W, 67.92 feet to the beginning of a non -tangent curve 10 the right having a radius of 217,69 feet, the True Point of Beginning of the easement herein described; thence leaving the centerline of said road and along the arc of said curve 176.51 feet (chord hears S24°21'36"W, 171.72 feet); r k'*4 &4) b'/�� 3 ---------------------- 1• 800wO926mr 288 thence S47°35'21"W, 223.95 feet to the beginning of a curve to the left having a radius of 131.47 feet; thence along the arc of said curve 239.03 feet (chord bears SO4°29'48"E 207.44 feet); thence S56°34'57"E, 85.74 feet to the beginning of a curve to the right having a radius of 87.28 feet; thence along the arc of said curve 184.80 feet (chord bears SO4°04'26"W, 15236 feet; thence S64°43'50"W, 93.14 to the beginning of a curve to the left having a radius of 316.1.3 feet; thence along the arc of said curve 343.03 feet (chord bears S33°38'44"W, 326.45 feet); thence S02°33'31"W, 187.13 feet to a point on the south line of said Northwest Quarter of the Southeast Quarter, the Point of Termination, whence a rebar and cap LS No. 5933 in place for the South Quarter corner of said Section 16 bears S32°36'08"W, 1579.69 feet. (c) A non-exclusive right for GRANTEE and her successors to utilize, in common with Riverdale Limited, a Corporation organized under the laws of Liberia, and its successors, GRANTOR'S rights retained in the grant of an easement to said Riverdale Limited, said grant being contained in that certain Warranty Deed from GRANTOR to said Riverdale Limited dated April 23, 1993. Said easement is for thirty (30) feet on each side of a centerline for the purposes of a roadway, and an additional ten (10) feet on each side for utility purposes (PROVIDED improvements for utility purposes such as lines, poles, and transformers may be installed above ground only south of the centerline of that easement and any such installation northerly of the centerline of that easement shall be underground only); said centerline being more particularly described as follows: Commencing at a 21" aluminum cap "LS No. 22580" in place for the East Center 1/36 corner of said Section 16, thence along the East line of said Northwest Quarter of the Southeast Quarter S00°07'32"E, 126.17 feet to a point on the centerline of an existing road as constructed and in place, THE TRUE POINT OF BEGINNING; thence westerly to the West line of the NW1/4SE1/4, Section 16, Township 7 South, Range 87 West of the 6th P.M. such that the centerline lies approximately 75 feet south of the North line of the NW1/4SE1/4 of Section 16, TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the GRANTOR, either in law or equity, to the only proper use, benefit and behoof of the (iRANIEF. and her heirs and assigns forever, IN WITNESS WHEREOF, the GRANTOR has executed this deed on the date set forth above. State of Colorado County of 64-iteFi,E4.,I) } SS r 69 PA411) )1414/M GARY K. i�Jt ULTY, A/K/A GA A t'}' M Joseph oore Ross as his orney in ct KEIT/1 MCNULTY The foregoing instrument was acknowledged before me this /9/day of , 1994, by Mark Joseph Moore Ross . Witness my hand and official seat. My Commission expires 7 _. (s . 97 2 - NOTARY PUBLIC cattle • eh-Gypaum Area, Colorado 35 grange condition deteriorates, mountain big gebrush, Douglas rabbitbrush, cheatgrass, and nual weeds increase in abundance. This unit responds well to applications of fertilizer, to ge seeding, and to proper grazing use. Areas that are heavily infested with undesirable plants can be improved by chemical or mechanical treatment. This unit is well suited to hay and pasture. A seedbed should be prepared on the contour or across the slope where practical. For successful seeding, a seedbed should be prepared and the seed drilled. Apo Iicat ions of nitrogen and phosphorus fertilizer improve the growth of forage plants. Proper stocking tes, pasture rotation, and restricted grazing during wet periods help to keep the pasture in good condition and protect the soil from erosion. Furrow, border, corrugation, and sprinkler irrigation systems are suited o this soil. Pipe, ditch lining, or drop structures in rrigation ditches facilitate irrigation and reduce the hazard of ditch erosion. This unit is well suited to irrigated crops. If properly managed, it can produce 80 bushels of barley per acre annually. This unit is well suited to homesite development. This map unit is in capability subclass IVe, irrigated d nonirrigated. It is in the Deep Loam range site. 33—Earsman-Rock outcrop complex, 12 to 65 percent slopes. This map unit is on mountainsides and dges. Elevation is 6,000 to 8,500 feet. The average annual precipitation is 14 to 16 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 80 to 105 days. This unit is about 45 percent Earsman very stony sandy loam and 35 percent Rock outcrop. The Earsman soil is on the less steep slopes, and the areas of Rock outcrop are in the steeper convex areas throughout the unit. Included in this unit are small areas of Arle and Ansari soils and soils that are similar to the Earsman soil but are deeper over bedrock. Included areas make up about 20 percent of the total acreage. The Earsman soil is shallow and somewhat -excessively drained. It formed in residuum and colluvium derived dominantly from calcareous redbed sandstone. About 5 to 10 percent of the surface is covered with flagstones, and 5 to 15 percent is covered with channery fragments. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. Typically, the surface layer is reddish brown very stony sandy loam about 5 inches thick. The substratum to a depth of 19 inches is very channery sandy loam. The depth to hard, calcareous sandstone ranges from 10 to 20 inches. Permeability is moderately rapid in the Earsman soil. Available water capacity is very low. The effective rooting depth is 10 to 20 inches. Runoff is rapid, and the hazard of water erosion is slight to severe on the steeper slopes. This unit is used mainly as rangeland or as wildlife habitat. It also is used as a source of firewood and posts. The potential plant community on this unit is mainly pinyon pine, Utah juniper, bluebunch wheatgrass, bottlebrush squirreltail, Indian ricegrass, and western wheatgrass. The potential production of the native understory vegetation in normal years is about 500 pounds of air-dry vegetation per acre. The slope limits access by livestock. The limited accessibility results in overgrazing of the less sloping areas. If the plant cover is disturbed, protection from flooding is needed to control gullying, streambank cutting, and sheet erosion. This unit is suited to limited production of firewood. The average annual production is 5 cords per acre. The average stocking rate is 100 trees per acre. Special care is needed to minimize erosion when the stands are thinned and when other forest management practices are applied. This unit is severely limited as a site for homesite development. Limitations include the shallow depth to bedrock, the exposed bedrock, the slope, the rapid runoff rate, and the very high hazard of water erosion. This map unit is in capability subclass Vile, nonirrigated. It is in the Pinyon -Juniper woodland site. ''' 34LEmpedrado loam, 2 to 6 percent slopes. This deep, well drained soil is on fans and upland hills. It formed in alluvium and eolian material. Elevation is 6,500 to 9,000 feet. The average annual precipitation is 15 to 18 inches, the average annual air temperature is 40 to 44 degrees F, and the average fro -free period is 75 to 95 days. Typically, the surface layer is brown loam about 5 inches thick. The subsoil is clay loam about 35 inches thick. The substratum to a depth of 60 inches or more is clay loam. The soil is noncalcareous to a depth of 38 inches and calcareous below that depth. Included in this unit are small areas of soils that are similar to the Empedrado soil but have a darker, thicker surface layer. Also included are small areas of soils that are similar to the Empedrado soil but are silt loam or silty clay loam. Included areas make up about 20 percent of the total acreage. Permeability is moderate in the Empedrado soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is slight. • 36 Soil Survey This unit is used as hayland or for crops. It is well suited to hay and pasture. Grasses and legumes grow well if adequate fertilizer is used. If properly managed, the unit can produce 5 tons of irrigated grass hay per acre annually. The potential plant community on this unit is mainly western wheatgrass, needleandthread, prairie junegrass, mountain big sagebrush, and Douglas rabbitbrush. Other plants that characterize this site are muttongrass, Letterman needlegrass, common snowberry, Utah serviceberry, and antelope bitterbrush. The average annual production of air-dry vegetation is about 1,500 pounds per acre. If the range condition deteriorates, mountain big sagebrush, Kentucky bluegrass, Douglas rabbitbrush, and annual weeds increase in abundance. This unit is well suited to alfalfa and small grain crops. It has few limitations. Maintaining crop residue on or near the surface helps to control runoff and soil blowing and helps to maintain tilth and the content of organic matter. If properly managed, the unit can produce 90 bushels of barley per acre annually. This unit is suited to homesite development. The main limitations are the shrink -swell potential and the moderate permeability. The shrink -swell potential can be minimized by thoroughly prewetting foundation areas. The moderate permeability can be overcome by increasing the size of the absorption field. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Deep Loam range site. 35—Empedrado loam, 6 to 12 percent slopes. This deep, well drained soil is on fans and upland hills. It formed in alluvium and eolian material. Elevation is 6,500 to 9,000 feet. The average annual precipitation is about 15 to 18 inches, the average annual air temperature is 40 to 44 degrees F, and the average frost -free period is 75 to 95 days. Typically, the surface layer is brown loam about 5 inches thick. The subsoil is clay loam about 35 inches thick. The substratum to a depth of 60 inches is clay loam. The soil is noncalcareous to a depth of 38 inches and calcareous below that depth. Included in this unit are small areas of soils that are similar to the Empedrado soil but have a darker, thicker surface layer. Also included are small areas of soils that are similar to the Empedrado soil but are silt loam or silty clay loam throughout. Included areas make up about 20 percent of the total acreage. Permeability is moderate in the Empedrado soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. This unit is used as hayland or for crops. It is well suited to hay and pasture. Grasses and legumes grow well if adequate fertilizer is used. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. This unit is well suited to alfalfa and small grain crops. It is limited mainly by the slope in some areas. Limiting tillage during seedbed preparation and controlling weeds help to control runoff and erosion. All tillage should be on the contour or across the slope. If properly managed, the unit can produce 75 bushels of barley per acre annually. The potential plant community on this unit is mainly western wheatgrass, needleandthread, prairie junegrass, mountain big sagebrush, and Douglas rabbitbrush. Other plants that characterize this site are muttongrass, Letterman needlegrass, common snowberry, Utah serviceberry, and antelope bitterbrush. The average annual production of air-dry vegetation is about 1,500 pounds per acre. If the range condition deteriorates, mountain big sagebrush, Kentucky bluegrass, Douglas rabbitbrush, and annual weeds increase in abundance. These plants are dominant when the range is in poor condition; therefore, livestock grazing should be managed so that the desired balance of the preferred species is maintained. This unit is suited to homesite development. The main limitations are the shrink -swell potential and the slope. The shrink -swell potential can be minimized by prewetting foundation areas. The slope is a management concern if septic tank absorption fields are installed. Absorption lines should be installed on the contour. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Deep Loam range site. 36—Empedrado loam, 12 to 25 percent slopes. This deep, well drained soil is on fans and upland hills. It formed in alluvium and eoliarrnaterial. Elevation is 6,500 to 9,000 feet. The average annual precipitation is 15 to 18 inches, the average annual air temperature is 40 to 44 degrees F, and the average frost -free period is 75 to 95 days. Typically, the surface layer is brown loam about 5 inches thick. The subsoil is clay loam about 35 inches thick. The substratum to a depth of 60 inches or more is` clay loam. The soil is noncalcareous to a depth of 38 inches and calcareous below that depth. Included in this unit are small areas of soils that are similar to the Empedrado soil but are silt loam or silty clay loam. Also included are small areas of soils that are similar to the Empedrado soil but have a darker, thicker surface layer. Included areas make up about 15 percent of the total acreage. Permeability is moderate in the Empedrado soil. sum Area, Colorado 61 glower 4 inches is loam. The substratum to a 60 inches or more is loam. The soil is reous to a depth of 19 inches. ed in this unit are small areas of Tridell and er soils. Included areas make up about 15 of the total acreage. eability is moderate in the Morval soil. Available pacity also is moderate. The effective rooting s 60 inches or more. Runoff is medium, and the of water erosion is moderate. unit is used as rangeland. The potential plant unity is mainly needleandthread, western grass, muttongrass, prairie junegrass, and big rush. Other plants that characterize this site are unch wheatgrass and mountain muhly. The ge annual productitn of air-dry vegetation is about pounds per acre. If the range condition borates, cheatgrass and Kentucky bluegrass ase in abundance. s unit is poorly suited to homesite development. main limitations are the shrink -swell potential and slope. This map unit is in capability subclass Vle, irrigated. It is in the Deep Loam range site. 86—Morval loam, 25 to 40 percent slopes. This ep, well drained soil is on alluvial fans. It formed in uvium derived dominantly from basalt. Elevation is 800 to 8,000 feet. The average annual precipitation is Oto 16 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 85 to 95 days. ;Typically, the surface layer is brown loam about 7 inches thick. The upper 12 inches of the subsoil is clay loam. The lower 4 inches is loam. The substratum to a depth of 60 inches or more is loam. The soil is noncalcareous to a depth of 19 inches. Included in this unit are small areas of Tridell and Showalter soils. Included areas make up about 15 oercent of the total acreage. Permeability is moderate in the Morval soil. Available water capacity also is moderate. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate or severe. This unit is used as rangeland. The potential plant community is mainly needleandthread, western Nheatgrass, muttongrass, prairie junegrass, and big sagebrush. Other plants that characterize this site are bluebunch wheatgrass and mountain muhly. The average annual production of air-dry vegetation is about 1,500 pounds per acre. If the range condition deteriorates, cheatgrass and Kentucky bluegrass ncrease in abundance. This unit is poorly suited to homesite development. The main limitation is the slope. This map unit is in capability subclass Vile, nonirrigated. It is in the Deep Loam range site. 744, Morval-Tridell complex, 12 to 50 percent slopes. This map unit is on alluvial fans and mountainsides. Elevation is 6,800 to 8,000 feet. The average annual precipitation is 14 to 16 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 85 to 95 days. This unit is about 55 percent Morval loam and 30 percent Tridell moderately stony loam. The Morval soil is in slightly concave areas, and the Tridell soil is in convex areas. Included in thin unit are small areas of Showalter very stony loam and small areas of Rock outcrop. Included areas make up about 15 percent of the total acreage. The Morval soil is deep and well drained. It formed in alluvium derived dominantly from basalt. Slope is 12 to 40 percent. Typically, the surface layer is brown loam about 7 inches thick. The upper 12 inches of the subsoil is clay loam. The lower 4 inches is loam. The substratum to a depth of 60 inches is loam. The soil is noncalcareous to a depth of 19 inches. Permeability is moderate in the Morval soil. Available water capacity also is moderate. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. The Tridell soil is deep and somewhat excessively drained. It formed in alluvium and colluvium derived dominantly from basalt. Slope is 12 to 50 percent. Typically, the upper part of the surface layer is grayish brown stony sandy loam about 2 inches thick. The lower part is very cobbly fine sandy loam about 7 inches thick. The upper 5 inches of the substratum is very cobbly fine sandy loam. The next 11 inches is cobbly sandy loam. Below this is 12 inches of very stony fine sandy loam. The lower part of the substratum to a depth of 60 inches is very stony loamy sand. Permeability is moderately rapid in the Tridell soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is high. This unit is used as rangeland or for firewood production. The potential plant community on the Morval soil is mainly needleandthread, western wheatgrass, muttongrass, prairie junegrass, and big sagebrush. The average annual production of air-dry vegetation is about 1,500 pounds per acre. The potential plant community on the Tridell soil is 62 Soil Survey mainly Utah juniper, pinyon pine, galleta, bluebunch wheatgrass, and bottlebrush squirreltail. The potential production of the native understory vegetation in normal years is about 400 pounds of air-dry vegetation per acre. Mechanical treatment is not practical on this unit because of the stony surface and the slope. Suitable management practices include proper range use, deferred grazing, and rotation grazing. Aerial spraying is suitable for brush management. The slope limits access by livestock. The limited accessibility results in overgrazing of the less sloping areas. The Tridell soil is suited to limited production of firewood.;he average annual production is 5 cords per acre. The average stocking rate is 150 trees per acre. Special care is needed to minimize erosion when the stands are thinned and when other forest management practices are applied. This unit is poorly suited to homesite development. The main limitations are large stones and the slope. This map unit is in capability subclass Vile, nonirrigated. The Morval soil is in the Deep Loam range site, and the Tridell soil is in the Pinyon -Juniper woodland site. 88—Moyerson-Rock outcrop complex, 15 to 60 percent slopes. This map unit is on mountainsides and ridges. Elevation is 7,500 to 8,500 feet. The average annual precipitation is 14 to 16 inches, the average annual air temperature is 40 to 42 degrees F, and the average frost -free period is 75 to 85 days. This unit is about 60 percent Moyerson silty clay loam and 25 percent shale Rock outcrop. The Moyerson soil is in the less steeply sloping areas, and the Rock outcrop is in the steeper positions on the landscape. Included in this unit are small areas of soils that are similar to the Moyerson soil but have channery fragments covering 20 to 25 percent of the surface. Included areas make up about 15 percent of the total acreage. The Moyerson soil is shallow and well drained. It formed in alluvium and colluvium derived dominantly from shale and sandstone. About 5 to 15 percent of the surface is covered with channery fragments. Typically, the surface layer is grayish brown silty clay loam about 5 inches thick. The upper 5 inches of the substratum is silty clay loam. The lower part to a depth of 16 inches is clay. Shale bedrock is at a depth of 10 to 20 inches. Permeability is slow in the Moyerson soil. Available water capacity is very low. The effective rooting depth is 10 to 20 inches. Runoff is medium, and the hazard of water erosion is high. The Rock outcrop is weathered to a depth of 5 to 1 inches in places. This unit is used as rangeland or as wildlife habitat The potential plant community is mainly Utah juniper, pinyon pine, Utah serviceberry, true mountainmahogany, Indian ricegrass, and western wheatgrass. The potential production of the native understory vegetation in normal years is about 300 pounds of air-dry vegetation per acre. The slope limits access by livestock. The limited accessibility results in overgrazing of the less sloping areas. Suitable management practices include proper range use, deferred grazing, and rotation grazing. This unit is very poorly suited to homesite development. The main limitations are the depth to shale bedrock, the shrink -swell potential, a very low load -supporting capacity, the slow permeability, and tt slope. This map unit is in capability subclass Vile, nonirrigated. It is in the Pinyon -Juniper woodland site. 89—Mussel loam, 1 to 6 percent slopes. This deE well drained soil is on terraces and foot slopes. It formed in alluvium. Elevation is 6,500 to 7,500 feet. T average annual precipitation is 13 to 14 inches, the average annual air temperature is 42 to 44 degrees F and the average frost -free period is 75 to 90 days. Typically, the surface layer is light gray loam about inches thick. The upper 34 inches of the substratum i! sandy clay loam. The lower part to a depth of 60 inch is gravelly sandy clay loam. Included in this unit are small areas of Yamo soils. Included areas make up about 10 percent of the total acreage. Permeability is moderate in the Mussel soil. Availat water capacity is high. The effective rooting depth is E inches or more. Runoff is slow, and the hazard of wat erosion is slight. This unit is used as hayland or for homesite development. If it is used as hayland, the main limitation is low fertility. Grasses and legumes grow w if adequate fertilizer is used. If properly managed, the unit can produce 4 tons of irrigated grass hay per acrf annually. The suitability of this unit for range seeding is god The potential plant community is mainly western wheatgrass, needleandthread, Nevada bluegrass, Sandberg bluegrass, and big sagebrush. The averagE annual production of air-dry vegetation is about 800 pounds per acre. This unit is well suited to homesite development. This map unit is in capability subclass IVe, irriga and nonirrigated. It is in the Rolling Loam range sit • • STEWART TITLE OF GLENWOOD SPRINGS, INC. 202 8TH STREET GLENWOOD SPRINGS, CO 81601 (970) 945-5434 FAX NO. - (970) 945-7081 June 12, 1998 ORDER NO. 98028277 RE: MCNULTY/RICHARDSON IN CONNECTION WITH THE ABOVE ORDER NUMBER, PLEASE FIND ATTACHED THE FOLLOWING: Title Commitment Amended Commitment Endorsement Policy X Direct all closing questions to: CLOSER: PAULA KIEFFER * Indicates changes in the amended Commitment Original to: SILVER & DE BOSKEY, ATTN: LESLIE GARTRELL TOEPFER, ESQ. PC to: SCHMUESER GORDON MEYER SURVEYORS - ATTN: JEFF TUTTLE SARAH L. MCNULTY MASON & MORSE ATTN: CHUCK KATZ HIRAM AND ANN RICHARDSON LARRY MINCER, ESQ. 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. 5. If you have any questions regarding the examination of this commitment, please call RICK KILLIEN at 970-945-5434. 1 American Land Title Association Commitment - . dified 3/78 COMMITMENT STEWART valuable Schedule or interest premiums and Stipulations This Commitment the policy at the time This liability or when failure Signed authorized IN WITNESS be hereunto FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for consideration, hereby commits to issue its policy or policies of title insurance, as identified in A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate covered hereby in the land described or referred to in Schedule A, upon payment of the and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions hereof. shall be effective only when the identity of the proposed Insured and the amount of or policies committed for have been inserted in Schedule A hereof by the Company, either of the issuance of this Commitment or by subsequent endorsement. Commitment is preliminary to the issuance of such policy or policies of title insurance and all and obligations hereunder shall cease and terminate six months after the effective date hereof the policy or policies committed for shall issue, whichever first occurs, provided that the to issue such policy or policies is not the fault of the Company. under seal for the Company, but this Commitment shall not be valid or binding until it bears an Countersignature. WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE GUARANTY COMPANY 41. dopto E am' cc G °'W ��`'.� ..**.:;;:**.:444/ Chairman of the Boa .•3Q'r�®Rpop't'?k • 3, Countersigned: X N :r 6' A t, 1908 ;.o °" i;... my *,�`"s �►+,., President Authorized Countersignature STEWART TITLE OF GLENWOOD SPRINGS, INC. P.O. Box 430 Glenwood Springs, Colorado 81601 (970) 945-5434 Agent ID #06051A Order No. 98028277 • SCHEDULE A • Order Number: 98028277 1. Effective date: May 29, 1998 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's (Standard) Proposed Insured: HIRAM G. RICHARDSON AND ANN G. RICHARDSON (b) A.L.T.A. Loan Proposed Insured: Amount of Insurance $ 400,000.00 (Standard) $ (c) Leasehold $ Proposed Insured: 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: SARAH LILLIAN MCNULTY S. 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. 1992 Owners Premium Tax Certificate $ 1030.00 $ 10.00 • SCHEDULE A . Order Number: 98028277 LEGAL DESCRIPTION PARCEL A: A PARCEL OF LAND SITUATED IN SECTION 16, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE NORTH 1/4 CORNER OF SAID SECTION 16 BEARS N.00°01'15" W. 207.66 FEET; THENCE S. 00°01'15" E. 1101.69 FEET; THENCE N. 88°50'50" W. 1380.26 FEET; THENCE N. 00°26'32" W. 1101.70 FEET; THENCE S. 88°51'18" E. 1388.37 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO GARFIELD COUNTY ASSESSORS NO: 2391-162-00-204 PROVIDED FOR INFORMATIONAL PURPOSES ONLY • SCHEDULE B • Section 1 Order Number: 98028277 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Execution of Affidavit as to Debts and Liens, which is attached or will be provided at closing. 2. Partial Release by the Public Trustee of Garfield County releasing subject property from the lien of Deed of Trust from SARAH LILLIAN MCNULTY in favor of GLENWOOD INDEPENDENT BANK securing $181,393.69 dated FEBUARY 23, 1998 recorded in Garfield County, Colorado on March 5, 1998 in Book 1056 at Page 399 as Reception No. 521295. (AFFECTS SALE PARCEL AND PARCEL IN SECTION 12 TOWNSHIP 7 SOUTH RANGE 88 WEST). 3. Partial Release by the Public Trustee of Garfield County releasing subject property from the lien of Deed of Trust from SARAH LILLIAN MCNULTY in favor of FIRST NATIONAL BANK OF THE ROCKIES securing $40,242.00 dated DECMBER 23, 1997 recorded in Garfield County, Colorado on March 19, 1998 in Book 1058 at Page 477 as Reception No. 522072. 4. Partial Release by the Public Trustee of Garfield County releasing subject property from the lien of Deed of Trust from SARAH LILLIAN MCNULTY in favor of SILVER & DEBOSKEY, A PROFESSIONAL CORPORATION securing $132,977.01 dated JUNE 26, 1997 recorded in Eagle County, Colorado on July 14, 1997 in Book 731 at Page 959 as Reception No. 627918 and Recorded in Garfield County, Colorado on July 23, 1997 in Book 1027 at Page 194 as Reception No. 511354. 5. Partial Release by the Public Trustee of Garfield County releasing subject property from the lien of Deed of Trust from SARAH LILLIAN MCNULTY in favor of ABRAHAM V. HUTT securing $20,180.65 dated JUNE 26, 1997 recorded In Eagle County, Colorado july 14, 1997 in Book 731 at Page 960 as Reception No. 627919 and recorded in Garfield County Colorado on July 23, 1997 in Book 1027 at Page 200 as Reception No. 511355. 6. Deed from vested owner, vesting fee simple title in purchaser(s). NOTE: For an additional charge, Stewart Title of Glenwood Springs, Inc. will provide any copies of exceptions as shown on Schedule B - Section 2. NOTE: Effective September 1, 1997, CRS 30-1-406 requires that all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any document that does not conform. Order Number: 98028277 • SCHEDULE B Section 2 • EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof,. water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Reservations and exceptions in Patents, or Acts authorizing issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 13, 1953 in Eagle County in Book 138 at Page 307 and recorded March 29, 1993 in Garfield County in Book 857 at Page 869 as Reception No. 445596, and reserving and excepting to the United States, all uranium, thorium or any other material which is or may be determined to be particularly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through its authorized agents or representatives at any time to enter upon the land and prospect for, mine, and remove the same. 10. Right of way for all ditches and ditch rights and creeks crossing subject property. 11. Easement Agreement recorded IN GARFIELD COUNTY, COLORADO on July 3, 1996 in Book 984 at Page 18 as Reception No. 495340 AND RECORDED IN EAGLE COUNTY, COLORADO on June 21, 1996 in Book 698 at Page 52 as Reception No. 594043. 12. Terms, agreements, provisions, conditions and obligations of Release of Road and Utility Easement Agreement recorded IN GARFIELD COUNTY, COLORADO July 3, 1996 in Book 984 at Page 60 as Reception No. 495341 AND RECORDED IN EAGLE COUNTY, COLORADO in Book 698 at Page 53 as Reception No. 594044. Continued on next page • • Continuation of Schedule B - Section 2 Order Number: 98028277 13. Terms, agreements, provisions, conditions and obligations of Supplement to Easement Agreement recorded IN EAGLE COUNTY, COLORADO May 1, 1997 in Book 725 at Page 780 as Reception No. 621746 and recorded in GARFIELD COUNTY in Book 1018 at Page 331 as Reception No. 508141. 14. Terms, agreements, provisions, conditions and obligations of Supplement to Easement Agreement recorded IN EAGLE COUNTY, COLORADO June 25, 1997 in Book 730 at Page 349 as Reception No. 626309 and recorded in GARFIELD COUNTY in Book 1025 at Page 504 as Reception No. 510762. 15. Lack of a right of access from the land to any open public road, street or highway. NOTE: This exception is necessary because it does not appear from the instruments of record in the office of the Clerk and Recorder of the County in which subject property is situate that any right of access exists to an open public roadway. NOTE: Pursuant to Senate Bill 91-14 (C.R.S. 10-11-122) Notice is hereby given that: a) The subject real property may be located in a special taxing district; b) A certificate of taxes due listing each taxing jurisdiction 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 shall be obtained from the County Assessor or the County Treasurer. NOTE: Provided that Stewart Title of Glenwood Springs records the documents of conveyance in the proposed transaction the status of title will be updated from the time of this commitment to the time of said recording. If said update reveals no intervening liens or other changes in the status of said title Exception No. 5 herein will be deleted; if said update reveals intervening liens or changes in the status of said title appropriate action(s) will be taken to disclose or eliminate said change prior to the recording of said documents. Form No. GWS -25 • APPLICANT OFFICE OF THEOATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Shei ,ran St., Denver, Colorado 80203 (303) 866.3681 SARAH McNUL" 7747 COUNTY CARBONDALE, CO 81623 WELL PERMIT NUMBER 210 a 4 2 DIV. 5 CNTY, 23 WD 38 DES. BASIN MD Lot. 81oe • f=ng. Suhd;v: (970)963-4829 PEProrT TO USE AN EXISTING WELL AP IED WELL LOCATION Gi- =LD COUNTY 1,'4 NW 1/4 Section 16 Tvv. 7 S Rng 87 W 6th P.M. DISTANCES FROM SECTION LINES 650 Ft. from NORTH Section Line 1570 Ft. from WEST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) 'This well shall be used in such e way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relies 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)(li)(A) as the only well on a tract of land of 35 acres described as that portion of the NE 1,14, NW 1/4, Sec. 10, Twp. 7 South, Rng, 87 West, 6th P.M , Garfield County. Reference attached exhibit A. • 4) The use of ground water from tr'ris well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the Irrigation of not more than one (1 ) acro of home gardens and lawns and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6 The,, return flow irom the use of this well must be through an Individual wastewater disposal systern of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This we)I shall be located riot n ore °Ilan 200 feet from the location specified on this permit. 8) Approved for the installation of a pump in, and the use ot, an ex'istrng well, constructed on 05/1 2/98, to a depth of 680 feet, under monitoring hole nctice MH•33299, acknowicdged 05/04/98. APPROVED DMW nn•zbi s DATE IS UED N 8 1998 EXPIRATION DATE JUN 1 8 20011 SUBDIVISION : STREET ADDRESS AT WELL LOCATIONA_ S _ w._. DR��.LING METHOD --Air Rotary + ` 4GROUND SURFACE ELEVATION ft DATE COMPLETED 05/12/98 TOTAL DEPTH 680 ft. DEPTH COMPLETED 680 ft. E •i0 E DAM.rn) FROM (ft) 5. GEOLOGIC LOG : _.—____ ---- -4 TO ift 30 Depth TYPE cf Material (Size, Color, and �'Fa) 9,0 _ - 30 . _ -- 680 000-750 I Clays. Small sand. gravel lenses_--1----------61-- {-� ,'�6.5 - — -.-- 7 PLAIN CASING TA (in} �K:nd vVali Siz© From (ftj _Toth) - 7.0 Steel 11M 0.240 30 __ 1 _ .Y..._5,5_ -- —13-V --PVC �-- 0.250 20� -4.._650 ------ PERF. CASING : Screen Slot Size L 5.5 PVCVC , _ - - 650 680 250 - -_ 8 1—_._ A Packer Placement Filter Pack Material T'Pe Size . Depth : Interval : 10. GROUTING RECORD ' -_—__ MDtero Amount Dewy _.. ce�lent - 3 sks - 16 gal 1-0-30 Placement poured __ ---__ rY__ � _ _� ` ._Art1t. Used , 2 p� _.-____-, - FiTH - -- -- - ----- TESTING _ - - 11. DISINFECTION Type - ---- - _ 12 WELL T1"ST DATA�E j Check Esox di 'T est Data is Sunrritted C)n 5upplementa, Fcr!�' TESTING METHOD Air Compressor 05;12/9B Static Level . 630 ft. Date/Time Measured Pumping Level Total ft Date/Time Measured 0712198 G�i;+r'?f�?�y1 Cr�S�w r*'akr,d o, �yalar s!e;Npn nr,s mr;s�.�;utbn tl IF d 7 e e�`-e�,u r�90d i�3i .+•I 97d K�yOw tty.:1.,11&011,1;77 0yJ :11.9! thoy d'e � u� 1.1).1, -;777:57/07.:.Y4 -715787.);.`17e PhU ne (n70) 9L'Y^41 U2 Remarks : q 1 nava rt79 , 'n 57 ttn8D..r J pgrlUn r+ `� �''-°��b+i 8�'��a S'le.�b as, d��955 CONTRACTOR Shelton Drilling Corp �. ate 05/14/98 I AI WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER MH -33299 ner Name(s) : Sarah McNulty Mailing Address : 7747 County Road 100 City, St. Zip : Carbondale, Co 81623 APPROVAL # GWS31-91 03 Phone (970) 963-4829 L. __ _._ _ 3 WELI- LOCATION AS DRILLED: NE 1/4 NW 14 Sec 16 Twp - 075 J - Range 87W DISTANCES FROM SEC. LINES Sec fine. OR Sec lime and ft. from FOO -t OTFLerArt ORGY LOT BLOCK FILING(UNIT) 1 650-680 Volcanic Flows, cinders WATER LOCATED : 650 - 670 REMARKS 1 Production Rate Test Length . 15 9Pm 2 hrs U _ 14, ..• Name Title (Please Type or Print) Way Shelton / President Signature For No. GWS -25 APPLI ANT OFFICE OF THE OTE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (3031 866.3681 SARAH McNULTY 7747 COUNTY ROAD 100 CARBONDALE, CO 81623 WNERS COpy WELL PERMIT NUMBER 2 1 0 0 4 2 DiV, 5 CNTY. 23 WD 38 DES. BASIN MD Lot; BiocV. Fling; Subd,v: (970)963.4829 PERMIT TO USE AN EXISTING WELL APPEgl -L L GQ N GARFIELD COUNTY NE 1/4 NW 1/4 Suction 16 Twp 7 S ling 87 W 6th P.M. P(8T6NCES FROM.8ECT10lY I,IKS 660 Ft. from NORTH Section Line 1570 Ft. from WEST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CSC NDITION$ Of APPROVAL 1) This well shall be used in such e way as to rause rlfomatorir.-,Iplc�t�1fyto to anotherwaterwator rights. wa or right or pros uda the permit does not assure the applicant that no u 7 \ another owner of a vested water right from seeking relief in a civil court action, 2) The construction of this well shall be in compliar.ce with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance inns 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)(11)(A1 as the only well on e tract of land of 36 acres described as that portion of the NE 1/4, NW 1./4, Sec. :6, Twp. 7 South, Rng, 87 West, 6th P.M., Garfield County. Reference attached exhibit A. 4) The use of ground Gvate�the Irrigatweion ll e ;s limited Inoterr;ooro fire thal►tr ot�et(1) acraordinary hornehousehold gardonauand lawnsda tde t he to 3 single family dwellings, 9ta watering of domestic animals. 5) The maximum pumping rate stall not exceed 15 GPM. h an vidual waste water sposal em of 6; The return flow from where the watet Isuse of this , most he returned to thegsamelsttrleam system in whichlthe well istl cated.1e non -evaporative type 7) This well shail be looted rot n- ore than 200 loot from the location specified on this permit. 8) Approved for tate installation of a pump in, H,)d Tho use o`, an existing well, constructed on 05/12/98, to a depth of 680 feet, under monitoring holo notice MH 33299, acknowledged 05/04/98. AI. "?A-- APFROVEG DMW Receipt No. DATE !S UED UN 81998 qy EXPIRATION DATE JUN 18 2000 GVt/S-25 APPLICANT LT,!vizirdLcr, COLORADO DASION OF WATER RESOURCES 818 Centennial Bldg , 3 Sharman St., Deliver, Colorado 80203PU� (303} 866-3681 INSTALLER 1095 SARAH McNULTY 7747 COUNTY ROAD 100 CARBONDALE, CO 81623 (970)963.4829 PERMIT TO USE AN EXISTING WELL WELL PERMIT NUMBER 210042 DIV. 6 CNTY. 23 WD 38 DES, BASIN MD Lot: 8 ock' Pllr +y; Subdiv: AF2PROV C) WELL J TION GARFIELD COUNTY NE 1/4 NW 1/4 Suction 16 Tv✓p 7 S Rng 87 W 6th P.M. f TANCE$ FROM SECTION LJNj^S 650 Ft. from NORTH Section Line 1570 Ft. from WEST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT c.ONPITI9NS 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 the permit does not assure the ap lIcant that no injury will occur to another vested water ri4lht or preclude another ovvner of a vestod water right from seeking relief in a civil court action, 2) The construction of this well shall be it compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has boon granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 31 Approved pursuant to CRS 37.92.602(3)(b)(II)(A) as the only well on a tract of land of 35 acres described as that portion of the NE 1/4, NW %, Sec. 1.6, Ttvp. 7 South, Rng. 87 West, 6th P.M., Garfield County. Reference attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and (awns and the watering of domestic animals. 5) The maximum pumping rate shell rot exceed 15 GPM. l 6? The retort,, flow from the use of this -we'I r,106; be through an individual waste water disposal system of the fl nonevaporative type where the water Is returned to the same stream system in which the well is located. 7) This well shall ho locate;.' r.ot more than 200 foot from the location specified on this permit. 8) Approved for the irlstalletion of a purop in, and the use of, an existing well, constructed on 05/12/98, to a dopth of 680 feet, ;ander mon toring hcie notice MH•33239, acknowledged 05/04/98. �Q APPROVEf UMW /Receipt No, DATE IS UED UN 1 8 1998 By EXPIRATION DATE JUN 18 2000 WELL CONSTRUCT! b AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER MH -33299 110-7,7V7r7=1777"-- iv/ e(( „r4 t - Owner Name(s) : Sarah McNulty Mailing Address : 7747 County Road 100 City. St. Zip : Carbondale, Co. 81623 jI Phone (970) 963-4829 WELL LOCATION AS DRILLED: NE 1/4 NW 1/4 Sec. 1f DISTANCES FROM SEC LINES- 0 ft. from Sec. line. and SUBDIVISION : ft. from LOT BLOLK %VV! OR UNIT) { STREET ADDRESS AT WELL LOCATION DRILLING METHOD Air Rotary 4! GROUND SURFACE ELEVATION ft.DRILLING DEP-I H 680 ft. DEPTH COMPLETED Di- TE COMPLETED 05/12/98 GEOLOGIC LOG ' Depth i Type of Material (Size. Color. ana Type) 000-650 Clays, Small sand, gravel lenses 650-680 ! Volcanic Flows. cinders r WATER LOCATED : 650 - REMARKS -OL E DIAM tri ', 9.0 FROM iftl 0 680 ft. TO (ft) 6.5 30 30 680 - 7. PLAIN CASING OD (:nr I Kind7- Wall Size J 7.0 I Steel 0.240 5.5 PVC 0.250 0 From (ft) To (R, -1 30 20 650 _t___— l— I PERF CASING : Screen Slot Size : .5 5 1— PVC ,� 250 j 650 __J___. r-8 Filter Pack I Material 1 Size interval : 680 9 Packer Placement Type Depth 0 GROUTING RECORD : Material l AmoJnt Density cement 3 sks 16 gal Interval 10-30 Placement poured 11. DISINFECTION : Type • HTH 12. WELL TEST DATA : [ ] Check Box If Test Data- is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 630 ft. Date/Time Measured 05/'12198 Pumping Level • Total ft. Date/Time Measured 05/12/98 Remarks t' e1'a1 CRS the making of False staterants Inst t tbs 13. 1 have read the statements maae '�erain and 'Know the contents :hared, a,+d ;hal they are true to m.; 'aiov,k;Gge :Pirsuanr rc Sai"r, 2 �' Phone : (970) 927-4182 J penury in the second de,-ee and ;s ounishat n as a cies = ' msdetneanor CONTRACTOR : Shelton Drilling Corp- • • 0 :.. 10 • : _ . t ''. : a rat' Name / Title (Please Type or Print) Cignature Wayne Shelton / Presldent Amt. Use -d-7 2 07 Production Rate Test Length - 15 gPm 2 hrs 05/14/98 • -710 lov (? � Com, baa( -e ��bz3 v� e tJ 637-ctu Cvv SS cPz e4 t( ttouu_k_ (v, J, ic JLcaL.( seokrate. ,S oSa_J s SI�s rte" (Ti 0A,1 owl, J 4 -)is) S5 1 K1 z9) )-1-vr)v)cr9 Qom,) OQ( •1-L M� C' 1 -?",Cra2sYres (1' WY} t� • • r Carbondale & Rural Fire Protection District July 13, 1998 Wendy McNulty 7747 County Road 100 Carbondale, CO 81623 RE: Parcel "A", Township 7S, Range 88W, NE 1/4, NW 1/4 Section 16 Garfield County, Colorado Wendy: 300 Meadowood Drive Carbondale, CO 81623 (970) 963-2491 Fax: (970) 963-0569 The above referenced parcel is within the boundaries of the Carbondale & Rural Fire Protection District. Access to the parcel is from Upper Cattle Creek Road to the east of the parcel. Emergency response to the parcel would come from Station No. 5 on County Road 100. Additional response would come from Station No. 1 in Carbondale and the Basalt Fire District's station in El Jebel, through a mutual aid agreement between the two fire districts. Water supplies for fire protection would be limited to water carried on fire apparatus. Please contact me if you have any questions or if I can be of any assistance. Since -iy, Bill Gavette Fire Marshal �za • • Oorbondale & Rural Fire Proteotlon Dlstrlot 300 Meadowood Drive Carbondale, CO 61623 (970) 983.2491 Fax (970) 963-0569 ,July 13, 1008 Wend)' 7747 Count' Road Jou Carbondale, CO 81623 R1:: Parcel "A", l ownship'S, Range KS\ , NE 1;4,'.\W 1/4 Section lG Garfield Coutifr, Colursrtfu 1Vendv The above ; eterenLed pd rl I. \\'11'1111 the ito,.11da! ie -s :11 the ('arbcntdiile & Rut al Fire l'l otertion District :1c:;ess to the parcel k from l'plml ( altie ('rel; Road to the east (,)f the panel Eineil ency response to the parcel would Loire fion) Station 'ti;) 5 on County Road '0(1 Addition,l response would come iron) Station N.' 1 iu .'a110undli1 e and tl'e Basalt Fire District's station in El Jebel, through a mutual tiid tq.0eidYteril i)l:)w e!) i1ie two fire district C Water surplies for fire nrote,:ttun 11'�IlYll� lnnited Il! P ilf'. : Cil i1;,1 U1!ll l' 'tIj!l)i11.ii!.1� Please C/Iltacl nic' iiII\ •111eS.11Ons O1' 11 1 (an bo of any asalat !Ivt. Since' Iv, 13111 Gav'eite Fire'siarsha! i • 7 Refrede4 Nov. 12 1%3 at 10:26 A. K. „�,,,�eseptio• Mo. 223327 Ches. 8. Keegan, Recorder STATE OF GOLOIIADO DEPANTMEWT OF LAW INHERITANCE TAX DWISION No. 13 Doc.#223327 RELEASE OF INHERITANCE TAX LIEN Book 354 Page 105 Estate of Freeman S. James Date of Death. November ]r5 1262 Gross Estate $...109,13.8..21 It appearing to the attorney general that it is not necessary to preserve the lien granted by the Colorado inheritance tax law against the hereinafter described real estate, in which the above named deoedent had an interest, by virtue of the authority vested in rete under the provisions of Sec. 138-4-61, CRS., 1953, I do hereby forever release and discharge the inheritance tax lien against the following described real estate, to-wit:Parcel No. 3 (in Eagle and Garfield 'ounties, Colorado): Lots 13, 111, 15 and the 54T.1 i of Sec. 9; Lots 2 and 3 and the NFI,'TArif ad the St' S',� N} f Sec. 10; the -�n;,'1, Sec. 15; "'-NP;;Jz-�f1F tE, '�l, the Eixi, and the W Ei of Sec. 16; the ifW+NF1 of Sec. 21, and that part of Lot 1 of Sec. 10 and of Lot 9 of Sec. 9 South of the North bank of Cattle Creek, all in Tp. 7 S., R. 87 W., of the 6th P.M. Together with all ditch and water rights appertaininf to or used in connection therewith. (All as described in Quit -Claim Deed recorded as floc. No. 196050, in 'Rook 296 at Pae 4111, Recorder's Office of carfield County, Colorado, which Quit Claim Deed was also recorded as r)oc. No. 89800 in Book 143 at Page 321, Recorder's Office of Eagle County Colorado.) Parcel No. 11 (In Garfield County, ''olorado): Jutlot Four (1,) in 'Rloct numbered nineteen (19), in the Town of Carbondale. Together with any and all improvements situate thereon. (A11 as described in Special Warranty need recorded as noc. No. 217669, in Rook 3112 at Page 222, Recorder's Office of Garfield County, Colorado) Parcel Uo. 5 (In ' arfield County, Colorado): An undivided one-sixth interest in and to all oil, vas and minerals in and under EiSE1 of Sec. 23; NEI -'F, Lots 1, 2, 3, 11, 5, 6, 7, 11 and 12 of Sec. 26; part of Lots 8, 9, 10, 111 and 15 of Sec. 26; Lots 1, 7 and A of Sec. 27; part of Lots 9, 10, 11, 1? and 13 of Sec. 27; all in Tp. 7 S., R. P8 W of the 6th P.M. as the same were reserved unto Freeman S. James in and by the Warranty Deed recorded as 2oc. No. 2014227, in 73ook 315 at rage 10, Recorder's .Office of Garfield County, Colorado. Lots 10, 11 and 12, and the West 15 feet of Lot 9, in Kock 9, in Weavers Addition to the Town of Carbondale, Garfield county, Colo.; held in ,joint tenancy with Edith James. Dated at Denver, Colorado, October 111 , 196 3 By Dues W. Dusasa, Attorney 'Senora' of Coiorado. Nam TWINS, Assistant Attorney GemeraL Noie-This release must be recorded in the eiSce al the dock aw4 Me sire e1 the wwaty be which the property is situate. Filed for record November 12, 1963 at 10:28 o'clock A.M., and recorded in Book 354 at Page 105 thereof. No. 1 *eeorded at. Reception No isvuti .o'clock...A M., ...1�.tb....� i...1.c rage 149 G. � ....._ Recosdur, THIS L 1DENTURE, Made this 28th day of February in the year of our Lord one thousand nine hundred and Sixty-four between Doc . # 24518 whose address is Carbondale, ' Carbdale Colorado County of Garfield and State of Colorado part y of the first part, and the Public Trusted o4 the County of Garfield of Colorado, party of the second part, Witaewth: THAT WHEREAS, the said GARY KEITH MCNULTY, also known as GARY K. McNULTY in the State GARY KEITH McNULTY, also known as GARY ha a executed principal sum of his RECoI DM'8 STAMP Filed for record February 28, 1964 at 11:30 o'clock A.M. an recorded in Book 356 page 149 thereof. K. McNULTY promi.sory note bearing even date herewith for the Thirty-three Thousand and no/100 Dollars, payable to the order of The First National Bank of Glenwood Springs, Colorado whose address is Glenwood Springs, Colorado after the date thereof, with interest thereon from the date thereof at the rate of -- — — 61 per cent per annum, payable in nine (9) installments in the amount of One Thousand Five Hundred Dollars (01, 500.00) each, commencing one (1) year from date hereof and each and every year thereafter for nine (9) years, and one (1) installment of the entire unpaid balance thereof on or before ten (10) years from this date, AND WHEREAS, The said party of the first part is desirous of securing the payment of the principal and interest of said promissory note in whose hands soever the said note or any of them may be. NOW THEREFORE, The said party of the first part, in consideration of the premised, and for the purpose aforesaid, do es hereby grant, bargain, Dell and convey unto the said party of the the fete rwrreg -el merited-- pt'eprrbp reritooetr is -4 e — •Cwr at a — -Ortors01 tv�wit: that part cf the following described property, situate in the County of Garfield and State of Colorado, to -wit: Lots 13, 14, 15 and the S1/2SW1/2 of Section 91 Lots 2, 3, NE1/2SW1/2 and SE1/2SW1/2 of Section 10; N15NW1/2 of Section 15; the NS'1/2NE.1/2, W1/2NE1/2, E1/2W1/2, W1ISE1/2 of Section 16; the NW1/2NE1 of Section 21; that part of Lot 1 of Section 10 and of Lot 9 Section 9 South of the North bank of Cattle Creek, all in Tp. 7 S., R. 87 W. of the 6th P.M. SE1/2NE1/2, EASE', and the SW1/4SEk of Section 251 S1/2SF.1/2 of Section 32; SW1/2SW1 of Section 331 NW1NE1 and the NE1/2NW1/2 of Section 36, all in Tp. 6 S., R. 87 W. of the 6th P.M. Lot 4 of Section 4; Lots 1 and of Section 5; NE1/2SW1 of Section 7, all in Tp. 7 S., R. 87 W. of the 6th P.M. NE1/2SE1/2 of Section 12, Tp. 7 S., R. 88 W. of the 6th P.H. Together with any and all water and water rights, ditch and ditch rights, reservoir and reservoir rights appurtenant thereto or used in connection therewith. Lots 1 and 2 in Block 25 in the City of Glenwood Springs, Garfield County, Colorado. second part, in trust forever, nose t- f)Satte-of No. 840A. DEED of TWUBT.—Publle Traat...—R.c.lr.r. Claus.—Attera.q'e F..o. --Bradford-Robinson PrInttnr Company., lard -de Stout Street, Denver, Colorado No. 17 Recorded at. 91 /4'2 o'clock....L......7-,g5„4„47,,e) MMR 151914 rj 'j , Pit` 17 Reception No F i 2.13..[ Recorder. KNOW ALL MEN BY THESE PRESENTS, that there was recorded on the 28th February 19 64 , in Book 356 at page 149 Film No. Reception No. 224518 of the records in the office of the County Clerk and Recorder of the County of Garfield in the State of Colorado, a certain Deed of Trust the 28th day of February ,-19 74 , executed and delivered by GARY KEITH McNIILTY, also known as GARY K. McNULTY tosecureto The FIRST NATIONAL BANK OF GLENWOOD SPRINGS, COLORADO day of , of date the payment of an indebtedness in said instrument particularly mentioned, creating a lien upon the following described property situate in said County of Garfield , to wit: that part of the following described property, situate in the County of Garfield and State of Colorado, to -wit: Lots 13, 14, 1S and the S'zSW', of Section 9; Lots 2, 3, NE'SW'.i and SE4SW4 of Section 10; N'-;NhIA of Section 15; the NE'NE'a, W'aVE;, E'-W'z, WASE';, of Section 16; the NW'iNE4 of Section 21; that part of Lot 1 of Section 10 and of Lot 9 Section 9 South of the North bank of Cattle Creek, all in Tp. 7 S., R. 87 W. of the 6th P.M. SE'NE'a, E'1.SE'4, and the SW';SE' of Section 25; S',,SE'.i of Section 32; SW'SW% of Section 33; NW'aNE':I and the NE4NW':I of Section 36, All in Tp. 6 S., R. 87 W. of the 6th P.M. Lot 4 of Section 4; Lots 1 and 2 of Section 5; NE4SW4 of Section 7, all in Tp. 7 S., R. 87 W. of the 6th P. M. NE4SE4 of Section 12, Tp. 7 S., R. 88 W. of the 6th P. M. Together with any and all water and water rights, ditch and ditch rights, reservoir and reservoir rights appurtenant thereto or used in connetion therewith. Lots 1 and 2 in Block 25 in the City of Glenwood Springs, Garfield County, Colorado. That First National Bank of Glenwood Springs, Colorado of said indebtedness and that nineteen thousand five hundred, thereof remain unpaid with interest paid to ' February 28, 1974 is (are) the owner and no Dollars 100 NOW, THEREFORE, these presents are made by the owner of the indebtedness secured by said instrument in writing for the purpose of setting forth the date to which the time of payment of said indebtedness has been extended, which date is the 28th day of August , 19 74, and the same was so extended subject to the terms of the note representing said indebtedness and the instrument creating the lien securing the same, except and the lien created by said instrument in writing and the notice thereof is hereby renewed and shall continue and be in full force and effect. Dated this 13th day of March , 19 74 - 'iAl tet` 1 �,/ HE FIRST NATIOt AL' BANK OF GLENWOOD SPRI! AL] � r � BY: yce [resident STATE OF COLORADO, es. County of Garfield The foregoing instrument was acknowledged before me this 13th day of March 1974 , by R. E. Ufa crum Mr TNF f\Qr IIATICH.IL 04Wt CF WITNESS my hand and official seal. My commission expires - MY CGmm;ais�:r;l [SEAL] Notary Pnbtla. No. 971. EXTENSION OF TRUST DEED. MORTGAGE, ETC.—Br Owner of Indebtedness. —Undfurd Publishing Co.. 1621-46 Stout Street. Doom% Colorado —10-60 7 No, 18 3E1) 17 1975 Recorded at /r'�• / •9n > o'clock.... - BI , Reception No 269135,9 ..J Ate) Recorder. bah c479 F/;E $r KNOW Au. MEN By THESE PRESENTS: That, Whereas, GARY KEI1'll MCNULTY a/k/a GARY K. MCNULTY • of the County of Garfield in the State of Colorado, by DEED OF TRUST dated the 28th day of Feb.,19 64 , and duly recorded in the Office of the County Clerk and Recorder of the County of Garfield in the State of Colorado, on the 28th day of Feb. , 19 64 , in book 356 at page 149 (Film No. Reception No. 224514 of the records, in said office, conveyed to the Public Trustee in said County of Garfield certain real estate in said Dodd of Trust described, in trust to secure the payment of the indebtedness mentioned therein. AND, WHEREAS, Said indebtedness has been paid and the purposes of said trust have been fully satisfied; NOW, THEREFORE, At the request of the legal holder of the indebtedness secured by said Deed of Trust, and in consideration of the premises, and in further consideration of the sum of Three Dollars, to mo in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said County of Gar fielcjo hereby remise, release and quit -claim unto the present owner or owners of said real estate and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interests which I have under and by virtue of said Deed of Trust in and to the said real estate in said Deed of Trust particularly described, reference to which is hereby made for greater certainty. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur- tenances thereunto belonging forever. AND FURTHER, that the said Trust Deed is, by these pres- ents, to be considered as fully and absolutely released, cancelled and forever discharged. f " c WITNESS my hand and seal this 17th day of September , 19, 75 •;' /./ l C r . A n. .1110.. ,.Jiv�C�.-G ..I As Ih. Public Trustee In said AL): 1; enantrof• . "' •' �% ' f By •• • , . rf�t.ti 7., The Public Trustee in said County of Garfield Colorado:-`-' Please execute this release, the indebtedness secured by the above mentioned Deed of Trust having been fully paid. THE FIRST NATIONAL BANK OF GLENWOOD SPRINGS By. STATE OF COLORADO, County of Garfield 11,. Iced holder of flu Indebtednes item rq) by jR1d Deed of Trost. EARL MCVICKER AS 'T VICE PRESIDENT The foregoing instrument was acknowledged before me this 19 75 ,by Berenice McDonald County of �t . Garfield , Colorado. 17th day of September , as the Public Trustee in said My commission expires My Commission expires Apr. 17, 1977 , r _. ; , _ Witness my h nd and official seal. I: i r ; C u l/• ........s�• [/�J Nota,T Public. No. 904 POLES/1KIlr peEn OF T11111aT Itti THE I'UUIJC 17tUPTCP.. 11, dL1.1 1'111.1, hmc l'.,.. 1521•/x: 114•at Sbrr1. ncnvrr, C,do,ado • 4.75 7 q lieoordud at r'L.� nO .o'clock. .�.._.. M. SGP 17 1975 Iectloa ko,_3 �._,- _-. I11a Stephens, Recorder DEED OF TRUST THIS INDENTURE, Made this 28th of our Lord one thousand nine hundred and between GARY KEITH MCNULTY, Also ' GARY K. MCNULTY day of August Seventy Five known as whose address is RR 1 Box 200 Carbondale Bou 479 FAM 94 in the year County of . Garfield and State of Colorado , hereinafter referred to as party of the first part. (which term, as applicable, shall include the plural as well as the singular, the feminine as well as the masculine, and corporations,) and the Public Trustee of the party of the second part, WITNESSETH. THAT WHEREAS, the said Party County of Garfield in the State of Colorado, has executed One promissory note , hereinafter referred to as "note" whether singular or plural, bearing even date herewith for the principal sum of TWENTY ONE THOUSAND FIVE HUNDRED AND 00/100ths 21 ,500. 00 Dollars, payable to the order of THE FIRST NATIONAL EiANK OF GLENWOOD SPRINGS, a national banking corporation, whose address is Glenwood Springs, Colorado and due August 28, 1985 with Interest thereon from the date thereof at the rate of 91 per cent per annum, payabin In Yearly payments of not less than $2,000.00.each at 91% beginning October 15 1975 and on the 15th Of October thereafter until fully paid with the entire balance due Aug. 28, 1985 AND WHEREAS, The said party of the first part is desirous of securing the payment of the principal and interest of said promissory note in whose hands soever the said note or any of them may be and is also desirous of securing the payment of such additional sums which may hereafter he advanced by the holder of said note to the first party or to the then owner of the property hereinafter described, provided, however, that the. making of such advances shall be OPTIONAL with the holder of said note and that the aggregate principal amount so ad- vanced together with the unpaid indebtedness evidenced by the above described note shall never exceed the origi- nal indebtedness secured hereunder. NOW, THEREFORE, the said party of the first part, in consideration of these premises, and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto the said party of the second part, in trust forever, the following described property, situate in the County of Garfield and State of Colorado, to -wit: that part of the following described property, situate in the county of Garfield and State Of Colorado, to -wit; Lots 13, 14, 15 and the S1SW3 of Section 9; Section 10; N1/21NAV of Section 15; The NE;NE. , the NW1aNE' of Section 21; that part of Lot 1 South of the North bank of Cattle Creek, all SEiaNE', E%,SES, and the SWiSE'a of Section 25; 33; NW04NE4 and the NE!NW of Section 36; all Lot 4 of Section 4; Lots 1 and 2 of Section W. of the 6th P.M. Together with any and all ditch rights, reservoir and reservoir rights therewith. Lots 2, 3, NO.ISW4 and SE4SW4 of Wr,NE: , EL2Wi , W2SE1/4 of Section 16; of Section 10 and of Lot 9 Section 9 in tp. 7 S. R. 87 W. of the 6th P.M. S%,SES of Section 32; SIV%SW"s of Section in tp. 6 S. R. 87 W. of the 6th P.M. 5; NE1/4SE4 of Section 12, tp. 7 S. R. 88 water and water rights, ditch and appurtenant thereto or used in connection Lots 1 and 2 on Block 25 in the City Of Glenwood Springs, Garfield County, Colorado Alt Recorded at - „' = ' o'clock DEC 2 2 194 Reception No. 47244? MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO IOC 2 2 1994 000j(UUCO EIC' C0 t GARFIELD State Doc. Fee QUIT CLAIM DEED (CORRECTION DIM)) THIS DEED is made this _1( _ R 1994,between GARY K. McNuLTY, also known day of .l.Q/Ii/1. �• GARY KL.1111 McNU1:11', or t .c County of Mesa and State of Colorado. GRANrOR, and SARAH LII.I.IAN M(Nui.n. whose legal addre'- is 7747 ('ouniv Road 10(1. Carbondale, Colorado, 81626, GRANTEE: for the purpose of correcting th, legal de,i riptiott ,.uttatncd in a c,•rtain similar dPed, dated I01 /013 , which deed conveyed fee title t.) the ;ar,:perties e1e..cribe(i h,•rein Irorn the saw,: (R.\', FOR to the same (iR W1TNLSSI i 11, 1 h.,t tie.. (,R \\ IO1t, for and in consideri,uon of the sura of m\ Iiul :.ARS tSi(WU) and other good and sufficient consider iku n, the receipt .and su(ficienc‘t which is heaehy acknowledged, has remised, sold and Q1.11 C1 AIMl:U, and by these prcseniF doe, remise, sell and ,)t.11 CLAIM unto the (IRAN 1i , and her heirs, successors and assigns, forever. all the right, title. interest, claim and dcrn,,nd which the (,kA`:IUR has in and to the real plop.rtl, l rgc'rer wah imluu\emcnts, if anv, ilu:a::, !rine and h::ing in the County of Eagle and the County of Garfield, and the Stat, of Colorado, described as :allow.,: A tract of land located 1 U4a114.il` 7 SOU: h, Range y' \N....4 of the (ith P M., Eagle and Garfield Counties and Stat.. tit (o1. ,r.l, which par c..1 'nor e pat ticnlar ly desk.: riled a5 (ollows: In Section 9 of said T7S, K87W -- Ilial portion of 1.01. ,r h ng Soar`.) ,f the North Bank Cattle (.feels Lots 13. 14, 1s and the S1/2SW1/4 1+t Section 10 of said T7S, R87W - I hat portion of Lot 1 lying South of 'h. Norah Kart. ('at:le ('re J 1.,iis ' he 3, NE14SW1/2, SE' SWta In Section 1.5 ref said ']`?C R81V -- N3 N\V in Section 16 o) said 1'7S RS7%V • NE*4NV03 mid VO2NL and NL ,)1N1:'t arid NVQ 1/4S1- whreh parcels wilt am a total •if 612 acres. 'I'u(;ETHER WITH: (a) A non s. !u ,i, e riF'h' for Gtr \\ r1 1.. Riverdale Limited, a (urporationorgan' (iRAJv1(IR'' tights tinder a certain F' lnvesirnenls,1.inu;e,i, said :\ iccme In the L,tgl: (.'unty 1?..;,rd:, m Boo. 5411/v1131 C (o utiti�. JP ., of Liberia, and .int between CiR\Nt01( and Ill_ fs1 ..,e 30, 1087, and recorded August 2,, 198" ,ge 934. (b) .A non-cscin-r' :ight for GR", 1:.15 and her successors to ntillre, in cornmor. with Et iverJale Croft. d, ( ,,r!, 'ra'ion organized under the laws of Liberia, and its successors, l;RANAUk's tights i:tamed in the grant of an easement to said Rivcrdal( Limited, said pant l�. utg ci+ntaine J in that certain iV:u i anty Decd from GRAN -Rift t.' said Rrverdalc Limited dated April 23, 1991. Said easement is for thirty (30) feet on each side cif a centerline for the purposes of a roadwa;, and an additional ten (10) feet on each side for utility purposes, said centerline being more purlieu! Arty described as follows: Commencing ata 2!.. aluminum cap 1 S No 22580 in plat.( tor the East Center 1/ i6 corner of said Section 16, thence along the East line of said Northwest Duarte' of the Southeast ()eerier S 00°07'32"E. 126.17 feet to a point .,n the eenterlinc of an existing road a. constructed and in place, i Hl? TI(UL POINT 01• BEGINNING; thcrcc al,+rr the , . rtc.rlir of :,aid N67°0''00"W, 67 92 feel to the beginning of non -tangent cu!v: 1,, :h, right l:_cv"n , , radin. of 217.69 feet, the True Point of Beginning of th t•.+srmcnr herein d. , t fired, thence Laving the centerline of said road and along the arc of said curv;: 176.51 feet ]chord tears S24'21'36"W. 171.72 feet); S"aruz,i-, Me V i-2-Za /� 3 • O 6 t 10288 thence S47°35'21"W, 223.95 feet to the beginning of a curve to the left having a radius of 131.47 feet; thence along the arc of said curve 239.03 feet (chord bears SO4°29'48"E, 207.44 feet); thence S56°34'57"E, 85.74 feet to the beginning of a curve to the right having a radius of 87.28 Leet; thence along the arc of said curve 184.80 feet (chord bears SO4°04'26'W, 152.10 feet; thence S64°43'S01V, 93.14 to the beginning of a curve to the left having a radius of 316.13 feet; thence along the arc of said curve 343.03 feet (chord bears S33°38'40"W, 326.45 feet); thence S02°33'31''W, 187.13 feet to a point on the south line of said Northwest Quarter of the Southeast Quarter, the Point of Termination, whence a rebar and cap LS No. 5933 in plat for the South Quarter corner of said Section 16 hears S32°36'08"W, 1579.69 feet. (c) A non-exclusive right for (BRAN t't:I and her successors to utilize, in common with Riverdale Limited, a Corporation organised under the laws of Liberia, and its successors, GRANTOR'S rights retained in the grant of an easement to said Riverdale Limited, said grant being contained in that certain Warranty Deed from GRANIUtt to said Riverdale Limited dated April 23, 1993. Said easement is for thirty (30) feet on each side of a centerline for the purposes of a roadway, and an additional ten (10) feet on each side for utility purposes (PROVIDED improvements for utility purposes such as lines, pole: , and transformers may be installed above ground )nly south of the centerline of that easement and any such installation northerly of the centerline of that easement shall be underground only); said centerline being more particularly described as follows: Commencing at a 21" aluminum cap "1 S No. 22580" in place for the East Center 1/16 corner of said Section 16, thence along the East line of said Northwest Quarter of the Southeast Quarter S00°07'32"E, 120.17 feet to a point on the centerline of an existing road as constructed and in place, THE TRUE POINT OF BEGINNING, thence westerly to the West line of the NW1/4SE1/4, Section 16, Township 7 South, Range S-; West of the 6th P.M. such that the c:.ntet tine lies approximately 75 feet south of the North line of the NW1/4SE1/4 of Section 16. TO HAVE AND TO HOLD the same, together with all and singular the. appurtenances :ir•d or- thereunto u thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title.. v`17'st: ' ,,! 5,.r+c t • of the GRANTOR, either in law or equity, to the only proper use, benefit and behoot her heirs and assign~ forev.:r. IN WITNESS WHEREOF, the (jRANi'oR bas executed this decd on the date pet !•orth above. State of Colorado County of 6-4-tt;,F!ELt)._ 6a. /(" � � ��G� e N�% GARY K M 11.1'1', At%1:1A GAK17.11111 MCNu 7 fj by, kyJoseph Moir rn Ross as his a oey t(t /J�to% jets �y'q SS The foregoing nstrument was acknowledged before me this /94* -day of- ' eeeel4“^ - ____. 1994, by Mark Joseph Wore Ross . Witness my hand and official seal. My Commission expires 7,_ 26, - 9 7_ r n•3 i f.1 - 2 - NOTARY PUBI.1C 111 ;Worded at %�: DEC 2 2 1994 A s� otook 4 It Reception No. 47,Z44� ----- ,• MiLDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO 9C 2 2 1994 6000b140 (VI GARFIEI.D State Doc, Fag QUIT CLAIM DEED_ . . (coRRr c oN DEED) THIS DEED is made thisday 1994, i� GAt as GARY i:t;!'i°!� i<4cNt;i:t'�', o of ,between �-.: . �?��� r:_ � � �,1,,; kr„.ru t c County of Mesa and State of Colorado, GRArvioi , and SARAH LILLIAN MCNuLiY, whose legal address is 7747 County Road 100, Carbondale, Colorado, 81626, GRANTEE for the purpose of correcting the legal description contained in a certain similar deed, dated o se deed conveyed fee title to the properties described herein from the same ciRA,NJY)R to the same CiRANri which WITNESSETH, That the GRANTOR, fur and in consideration of the sum of TEN DOLLARS ($10.00) and other good and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, sold and QUITCLAIMED, and by these presents does remise, sell and Ouri cl.AIM unto the GRANM'r:rs, and her heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the GRANTOR has in and to the real property, together with improvements, if any, situate, lying and being in the County of Eagle and the County of Garfield, and the State of Colorado, described as follows: A tract of land located in Township 7 South, Range 87 West of the 6th P.M., Eagle and Garfield Counties and State ,►f Colorado, whish parcel is more particularly described as follows: In Section 9 of said TNS, MOW -- That portion of Lot 9 lying South of the North Bank of Cattle Creek, Lots 13, 14, 15, and the S+SW1.4 In Section 10 of said T7S, R87W Thai port of Lot 1 lying South of the North Bank of Cattle. Creek, lots 2 & 3, NE3/4SW1/2, SE1/4SW1/2 In Scan raid TIS, i(87W .. In Section 16 of bald T7S, R87W -- NE1NW1/4 and WkINE1/4 and NE1/4NE+4 and NWItS131/4 which parcels contain a total of 602 acres. TOGETHER WITH: (a) A non-exclusive right for GRAN'TEB and her sttccessort, to utilize, in common with Riverdale Limited, a Ctap oration organized under the laws of Liberia, and its successors, ;RA"slcries rights under ;, certain Easement Agreement between GRANTOR and HLEM investments, Limited, said Agreement being dated June 30, 1987, and recorded August 27, 1987 in the Eagle County Rec ids in Book 587 at Page 934. (b) A non-exclusive right for GRANTim. and her successors to utilize, in common with Riverdale limited, a Corporation organized under the laws of Liberia, and its successors, GRANTOR'S rights retained in the grant of an easement to said Riverdale Limited, said grant being contained in that certain Warranty Deed from GRANTOR to said Riverdale Limited dated April 23, 1993. Said easement is for thirty (30) feet on each side of a centerline for the purposes of a roadway, and an additional ten (JO) feet on each side for utility purposes; said centerline being more particularly described as follows: Commencing at a 21" aluminum cap LS No. 22580 in place for the East. Center 1/10 corner of said Section 16, thence along the East line of said Northwest Quarter of the Southeast Quarter S 00°07'32"E, 126.17 feet to a point on the centerline of an existing road as constructed and in place, THE TRUE POINT OF BEGINNING; thence along the centerline of said road N67°05'00"W, 67.92 feet to the beginning of a non -tangent curve to the right having a radius of 217,69 feet, the True Point of Beginning of the casement herein described; thence leaving the centerline of said road and along the arc of said curve 176.51 feet (chord bears S24°2.1'36"W, 171,72 feet)? Xir�i 1, Mr ' 4/4(. 4, c kw l0-0 h.1 ar'aZ. (?d ,?4.:t 3 -------------------------------- .: 4111, • 1)00(0926 tc► 288 thence S47°35'21"W, 223.95 feet to the beginning of a curve to the left having a radius of 131.47 feet; thence along the arc of said curve 239.03 feet (chord bears SO4°29'48" E, 207.44 feel); thence S56°34'57"L, 85.74 feet to the beginning of a curve to the right having a radius of 87.28 feet; thence along the arc of said curve 184.80 feet (chord bears SO4°04'2("W, 152.16 feet; thence Sti4°43"50"W, 93.14 to the beginning of a curve to the left having a radius of 316.13 feet; thence along the arc of said curve 343.03 feet (chord bears S33°38'40"W, 326.45 feet); thence S02°33'31"W, 187.13 feet to a point on the south line of said Northwest Quarter of the Southeast Quarter, the Point of Termination, whence a mbar and cap LS No. 5933 in place for the South Quarter corner of said Section 16 bears S32°36'08"W, 1579.69 feet. (c) A non-exclusive. right for GRAN I-!. and her successors to utilize, in common with Riverdale limited, a Corporation organir.ed under the laws of Liberia, and its successors, GRANTOR'S rights retained in the grant of an easement to said Riverdale Limited, said grant being contained in that certain Warranty Deed from GRANTOR to said Riverdale Limited dated April 23, 1993. Said easement is for thirty (30) feet on each side of a centerline for the purposes of a roadway, and an additional ten (10) feet on each side for utility purposes (PROVIDED improvements for utility purposes such as lines, poles, and transformers may be installed above ground only south of the centerline of that easement and any such installation northerly of the centerline of that easement shall be underground only); said c nterline being more particularly described as follows. Commencing at a 21" aluminum cap "LS No. 22580' in place for the East Center 1/16 corner of said Section 16, thence along the East line of said Northwest Quarter of the Southeast Quarter S00°07'31."E, 126.17 fez! to point on the ct:nterline of an existing road as constructed and in place, THE TRUE POINT (W BE(INN)NG; thence westerly to the West line of the NWeSE , Section 16, 'Township 7 South, Range 87 West of the 6th P.M. such that the centerline lies approximately 75 feet south of the North line of the NW1/4SE1/4 of Section 16, T() HAVE' AND TO HOLD the. same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, arid all the estate, right, title, int,rc.st and claim whatsoever, of the GR.Ats'Ant, either in law or Lquity, to the only proper use, benefit and behoof of the GRANTEE and hei heirs and assigns forever. IN WITNESS WHEREOF, the; GRANTOR hes executed this decd on the date set forth above. 6 /(,.fliw Iv ltkil, li ri MARY K ? 1.T1, A/K/A GA KI?fJ"11 MC'Nt'L1'Y Ai/ b i M' k Jose h Dire Ross t;s his u orney in ct State of Colorado } ✓1�. .� 1' 1 / 14 Ata, ru t C�' County of �-r'A�,F"i �, 4,,Q } as The foregoing instrument was acknowledged before me this ISday of "'jA.4,-s...4.t `, , 3994, by A+Iark Joseph Moore Ross . Witness my hand and official seal. My Commission expires 7 ;21✓ .. 9 7 r tti ' . ,., 1 ' ) "t ` e.� - 2 NOTARY PUBLIC Carbondale & Rural Fire Protection District February 4, 1999 Wendy McNulty 7747 County Road 100 Carbondale, CO 81623 300 Meadowood Drive Carbondale, CO 81623 (970) 963-2491 Fax: (970) 963-0569 RE: Subdivision Exemption - Parcel "A", Township 7S, Range 88W, NE 1/4, NW 1/4 Section 16 - Garfield County, Colorado Wendy: I reviewed the Garfield County road standards including the standards for turnouts that would apply to your property. The county standards are as follows: "12' — 14' single lane, turnouts shall be provided where they are intervisable or at 1,000 foot intervals. Turnouts will be constructed to outside corner 10' wide — 50' long, with 50' tapers on each end". The wording in the standard is not completely clear but the turnouts should not be spaced more than 1,000 feet apart even if they are "intervisable". I believe this should give your surveyor enough guidance in locating the turnouts. I have also attached a copy of the county road standard. Please contact me if you have any questions or if I can be of any assistance. Sincerely, 7 Bill Gavette Fire Marshal ct Mar -04-98 11:23A Stella Archuleta 970-945-7785 P.02 9:35 Street and roadway design shall be in conformance with the following standards: WOR MINOR SECONDARY RURAL SEMI PRIMITIVE PUBLIC TEMPLATE DESIGN COLI FCTOR COLLECTOR ACCESS ACCESS PRIMITIVE RESIDENTIAL LANDS ACCESS DESIGN CAPACITY 2501 - + 401-2500 201-400 101-200 21-100 11-20 NO ACCESS TO D.U. - MINIMUM R.O.W. 80' 60' 50' 50' 40' 30' 30' SINGLE SINGLE LANE LANE LANE WIDTH 12' 12' 11' 11' 8' 12' 12' SHOULDER WIDTH 8' 6' 6' 6' 2' 0' 0' 6' IN MIN 4' IN MIN 4' IN MIN 2' IN MIN (PAVED) DITCH WIDTH 10' 10' 6' 6' 4' 3' 0' CROSS SLOPE 2% 2% 2% 2% CHIP/SEAL 2% CIDP/SEAL 2% 3% GRAVEL 3% GRAVEL SHOULDER SLOPE 3% 3% 5% 5% 5% HORIZONTAL ALIGNMENT DESIGN SPEED & MINIMUM RADIUS 35 MPH 35 MPH NA NA NA NA 425' 185' 80' 80' 50' 40' VERTICAL ALIGNMENT WAX % GRADE 8% 8% 10% 10% 10% 10% 10% ROADWAY STRUCTURE :SURFACE .ASPHALT ASPHALT OR CHIP & SEAL CHIP & SEAL GRAVEL GRAVEL NATIVE CHIP & SEAL OR GRAVEL MATERIAL STABILIZATION ENG ENG ENG ENG ENG 4" MIN 0 DRALNAG£ ENG ENG ENG ENG ENG N/A N/A 'NOTES 1. DESIGN CAPACITY MAJOR MINOR SECONDARY RURAL SEMI COLLECTOR COLLECTOR ACCESS ACCESS PRIMITIVE (RELATIVE TO TANDEM 125+ 21-125 11-20 6-10 1-5 :AXLE• TRUCKS OR LARGER) DAILY AVERAGE BASED ON 5% OF ACTUAL 9-4 Mar -u4 -yrs 11:Z3A Stella Archuleta 970-945-7785 P.03 ALL PROJECTIONS OF VEHICLE TRIPS GENERATED BY A DEVELOPMENT WILL BE BASED ON CALCULATIONS DEVELOPED FOR THE INSTITUTE 0 TRANSPORTATION ErNGtNEERS TRIP GENERATION MODEL 'TANDEM TRUCKS ARE DEFINED AS A TRUCK WITH ONE (1) STEERING AXLE AND TWO (2) AXLES ON THE REAR OF THE TRUCK. 2. INTERSECTION DESIGN DRAINAGE DESIGN - 3. LAND WIDTHS 4. MAXIMUM % GRADE 5. ROADWAY STRUCTURE 6. BRIDGE STANDARDS 7. ROADSIDE PARKING A5 FOOT ZONE BEING AN EXTENSION OF THE EXISTING SHOULDER WIDTH A NEGATIVE 2%-4% GRADE. TRAFFIC STOPPING AREA FROM THE 5 FOOT ZONE TO A 25 FOOT ZONE. A MAXIMUM 4% GRADE, POSITIVE OR NEGATIVE. WILL BE ALLOWED BEFORE STARTING THE TYPICAL OR MAXIMUM GRADE AS ENGINEERED FOR THE ROADWAY. WHERE A SINGLE ROAD SERVES 40 LOTS OR LESS, THE MINIMUM R.O.W., LAND WIDTH, SHOULDER WIDTH AND DITCH WIDTH REQUIREMENTS MAY BE REDUCES BASED ON DESIGN CAPACITY V.P.D. REQUIREMENTS DECREASING INCREMENTALLY. 12' - 14' SINGLE LANE, TURNOUTS SHALL BE PROVIDED WHERE THEY ARE INTERVISIBLE OR AT 1,000 FOOT INTERVALS. TURNOUTS WILL BE CONSTRUCTED TO OUTSIDE CORNER 10' WIDE -50' LONG, WITH 50' TAPERS ON EACH END. VARIANCE - THE BOARD OF COUNTY CONLMISSIONERS MAY APPROVE A VARIANCE TO THE MAXIMUM GRADE SUBJECT TO THE PROCEDURE AND CRITERIA IDENTIFIED IN SECTION 9:37 OF THIS REGULATION. ENGINEERED TO SITE SPECIFIC CONDITIONS AND PROJECTED WHEEL LOADINGS. DESIGN CAPACITY WILL BE 11-20 AND 100 YEAR FLOW MINIMUM, BRIDGE WIDTHS FOR 0-6- V.P.D. - ROADWAY PLUS 4 FT.. 600+ V.P.D. ROADWAY PLUS 6 FT. ADD 8 FT. PER SIDE, W1TH PARKING, FROM THE OUTER EDGE OF THE SHOULDER IF PARKING IS ALLOWED PER SIDE. 8. ALL SIGNING WILL BE IN ACCORDANCE WITH MANUAL OR UNIFORM TRAFFIC CONTROL DEVICES. 9. GRAVEL SURFACES IS ALLOWED FOR SUBDIVISIONS WITH AN AVERAGE LOT SIZE OF 10 ACRES OR MORE. 9:37 A variance to the maximum grade of 12% for minor collector and secondary access categories and up to 14% for rural access categories and up to 14% for rural access, semi -primitive and primitive residential, may be approved by the Board of County Commissioners at the time of the Preliminary Plan Public Hearing or if the Preliminary Plan has been approved at the time of adoption of these regulations. General consideration shall be given to the interrelationship between the length of grade; its relation to curves and intersections and the transition between those elements of a road. At a minimum, in order to approve the requested variance, the following standards shall be met: The applicant shall, by way of graphic illustration on a topographic map, show the difference between a road that would comply with the grade requirements and the proposed road with excessive grade. 2. The excessive grade is necessary to avoid the creation of a cut or the fill slope that exceeds twelve (12) feet in height at the top of the cut or the bottom of the hill. 3. That the excessive grade section is the minimum length and the minimum increase in grade necessary to provide access to all lots. 9-5 • • GARFIELD COUNTY Building and Planning Department Sarah McNulty 7747 County Road Carbondale, CO 81623 RE: McNulty SB -35, Subdivision Exemption Dear Sarah, October 21, 1998 This letter is to inform you that your request for a subdivision exemption as described in Section 8:00 of the Garfield County Subdivision Regulations of 1984, as amended, was approved by the Board of County Commissioners at their October 12, 1998 hearing. The following conditions will apply to the submission and acceptance of the exemption plat: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lot, 25 ft. wide access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption. 4. That the applicant shall submit $200.00 in School Site Acquisition Fees for the creation of the exemption parcel. The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade. The applicant shall provide, to the satisfaction of the County Engineer and the Carbondale Rural Fire Protection District, a plan for providing turn -out areas along the access easement. The applicant shall provide a well sharing agreement to be filed with the final • • exemption plat that defines the rights of property owners to utilize water from the well. 8. That the following plat notes shall appear on the Final Exemption Plat: "Control of noxious weeds is the responsibility of the property owner." "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owners property boundaries." "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". "All exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries". "The legal and adequate source of domestic water for lots and , is a domestic well No. , approved by the Colorado State Engineers Office, Division of Water Resources." "All residential construction shall be consistent with the Colorado State Forest Service (CSFS) recommendations for construction of homes contained in the CSFS publication "Wildfire Protection in the Wildland/Urban Interface" and "Model Regulations for Protecting People and Homes in Subdivisions and Developments." "Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued." If you have any further questions, please call. Sincerely, John Barbee, Senior Planner Phone: 945-8212 109 8th Street, Suite 303 Glenwood Springs, CO 81601