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HomeMy WebLinkAbout1.0 ApplicationI 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 ield County olorado, adopted April 23, 1984 Section 2:20.49, the undersigned 4- roe -,A.)- y5.,, J ,,--vi respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 9G acre tract of land into tracts of approximately (OVA/ / /1 4? t (1. 7 7 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 scale of I "-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. irriygation. access or utilities: and B. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (21 miles. for which a copy of L.S.G.S. quadrangle map may be used: and C. Copy of the deed showing ownership by the applicant. or a letter from the property owner(s) if other than the applicant: and 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 anv 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 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 H. Narrative explaining why exemption is being requested: and 1 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 th application. n /% oner Mailing Address /f.4Gvdw., Sps (// e 2 - City State 9c/S-- Telephone c/ --Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision 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 1. 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 `Treater 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 siring 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: +; ,Aritten opinion of the person conducting the well test that this well should be adequate to supplv 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 dav: 6) If the well is to shared. a legal. well sharing aueement 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. Method of sewage disposal. and a letter of approval of the fire protection plan from the appropriate tire district: and 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 any required road or storm drainage improvements: and i • • H. Fire protection has been approved by the appropriate fire district; and H. Any necessary drainage, irrigation 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 Department. 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. HAYDEN• • RADER P.O. BOX 366 Glenwood Springs, Colorado 81602 Phone (970) 945-1320 Fax (970) 945-1320 September 04, 1996 Garfield County Building Dept. R.E. Exemption Requirements Rader -EXXON A. A-IAackeol B. See existing file C. See existing file D. Attached E. See existing file F. Attached G. N/A H. Attached I. See existing file J. Check in the amount of $300.00 TO Building Dept. attached • • SUBMITTAL REQUIREMENTS -D. Bob Bourch PO Box 6043 Parchute, Colo. 81636 Ivo & Sidney Lindauer 1832 23rd AVE Greeley, Colo. 80631 Firetrucks Northwest Inc. 808 County Rd 215 Parchute, Colo. 81635 State of Colo. Dept. of Highways 4201 E. Arkansas AVE Denver, Colo. 80222 Betty Cornell 1811 2550 Rd Cedaridge, Colo. Garfield County Housing Authority 109 8th St. Suite#300 Glenwood Springs, Colo. 81601 Nicholas Goluba & Gala Mall Ltd. PO Box 931 Glenwood Springs, Colo. 81602 Mervyn Lapin 232 W. Meadow Dr. Vail, Colo. 81657 SUBMITTAL REQUIREMENTS - H. 1 am purchasing aprox. 17+ acres out of a 80 acre parcel owned by EXXON Corp. The 17+ acres will be split into two lots, also included in the 17 ac. will be a continuation ofParchute Park Blvd. Dedicated as an 80 foot easement. The easement running through the 17 ac. creates a natural lot split containing two separate lots (see exemption platt). • Town of Paw l ;ute Admimstr..a 22:2- raid Telephone: (970) 285-7630 Facsimile: (970) 285-9146 ----- ----- P.O. Box 100 Parachute, CO 81635-0100 Town Administrator David G. Rousseau September 4, 1996 Mr. Hayden Rader P.O. Box 366 Glenwood Springs, CO 81602 RE: Domestic Water Supply Source Dear Hayden: As per our conversation yesterday, concerning a source of domestic water for use on the 17 -acre parcel you are purchasing from Exxon, I am hopeful the following information will help you proceed with your subdivision exemption process through Garfield County. It has always been the Town of Parachute's position to sell bulk water to out-of-town households for domestic use only. Your request was to supply two proposed households with 1,000 gallon cisterns. As long as the Town has adequate water resources to serve its residents, I do not foresee any problem with continuing to provide bulk water sales. Your use would be transferable, should you elect to sell the property. Shoul ou need any additional information, please do not hesitate to contact me. S' cerel David Rousse u Town Administrator cc: File Copy Mr. Mark Bean • • Exxon/Rader SB -3 5 10/7/96 The subject tract is 80 acres in size, adjacent to the western portion of the Town of Parachute, and south of CR 215. Parachute creek flows through a portion of the property and also forms part of the western property line. Adjacent land uses were originally contemplated to serve the oil shale industry as two different PUDs were approved; however, it now appears the majority of adjacent land would be developed for residential uses. The applicant proposes to subdivide, by exemption the 80 acre tract into three parcels of approx. 4.8, 11.2 and 64 acres. The smaller parcels would be south of Parachute creek and would be divided by the eventual extension of Parachute Park Blvd. Exxon would retain the larger parcel and Mr. Rader would obtain the smaller parcels, which are proposed for residential development. This same property was the subject of an exemption petition in 1995, whereby the Board conditionally approved a 2 parcel exemption. Upon the recommendation of the Town of Parachute as well as staff recommendation, the exemption plat was required to show an easement for Parachute Park Blvd. across the northern tract, which Exxon objected to the easement and requested the Board rescind its conditional approval, which occurred by Resolution 95-081. There application contains a deed from 1967 that shows the subject tract existing of 80 acres and it appears the tract has remained in its same configuration since. Two additional deeds are attached that demonstrate ownership of the tract by Exxon. Based on the descriptions of the property, it appears this request complies with Section 8:52 (A) of the subdivision regulations. The tract is within the resource lands, gentle slopes and lower valley floor, zone district and all proposed lots ar in excess of the 2 acre minimum lot size requirement. The water supply for the smaller parcels is proposed to be purchased fro the town of parachute and stored within individual 1,000 gallon cisterns. The town has submitted a letter agreeing to supply the water; however, will not issue an actual contract for the water supply. Staff would contemplate that given the location of the parcels and municipal water and sewer service lines, the parcels would likely be developed with these services and cisterns are proposed simply to meet regulations. With this in mind, it is incumbent upon the Board to determine that an adequate legal and physical water supply in terms of quality, quantity and dependability would be provided. Although it would seem useless to require the applicant to install cisterns if the intended supply would be municipal water, from a regulatory perspective, if this request is approved as submitted, that being the use of cisterns, it should be required that they be installed, prior to final approval. Staff suggests the following course of action: Either the applicant provides the individual cisterns and any related infrastructure, or the lots be supplied with municipal services, by whatever means the Town deems necessary, before final approval. Additionally, staff recommends a related plat note be included that states approval was based on cisterns and there is no obligation on the part of the state engineers office to issue well new or additional well permits for the smaller lots. • 1 The method of waste water treatment is proposed to be the use of individual sewage disposal systems. According to the soil conservation service, soils on-site when used for building site development, are considered to have moderate to severe constraints due to high clay content and shrink -swell potential. When used for ISD systems, soils have severe constraints due to slow percolation. Staff recommends the inclusion of a plat note to address these limitations. Access to the smaller parcels is proposed to be from the extension of Parachute park blvd., which currently extends to the southern boundary of the property. As a condition of approval, staff recommends the applicant be required to adhere to the Town of Parachute request for the 80 foot public ROW easement. Staff further suggests that no action taken by the Board relieves Exxon from commitments it has made regarding the future extension of Parachute Park blvd. The grand valley fire protection district has submitted a letter approving of the exemption request subject to certain findings and conditions. Staff recommends these be made conditions of approval and further recommends the standard plat note addressing wildfire mitigation. If approved, all required easements must be shown on the exemption plat, the applicant would be required to pay $200 in school impact fees, for the exemption parcels, prior to final approval and, upon adoption of road impact fees, the lots created by this exemption would be required to pay the impact fee, paid at time of building permit application, if they have not been previously annexed to the town of parachute. Based on this analysis, staff recommends approval of the petition, pursuant to the listed conditions. Contract No. 961108EC(a) Map ID No. 237 Date Activated 11/18-/96 APPLICATION AND DATA FORM TO LEASE -WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT /— Name Name Address P.0- (7.“,A I ? i y t-1 40-1 Tx 77231 —1.71\4 Telephone Number 713 /LIZ -3- '10(-09 Authorized Agent or Representative /44yc.� Pct . Qox '366 GI tA.-o.-t Sft. \J s (da y/6,07 970- 9y,i— 17 en B. WATER RIGHT OWNED BY PPLICANT Name of Right Weil Type of Structure or Right (J t_II Location of Point of Diversion / -:/ Water Court Case No. /y/% Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use (Include description of property on which May be attached as Exh}bi A) / complete and accurate legal water right is to be used. Total Acreage 97,gl Description of Use ik^ (o 1 'L (ate,.. CY •.(o a-‘4 ,i' . /Z K rep, Number of Dwelling Units 2-) Two PLopused Potable Watt i System w 11 Proposed Waste -Water Treatment System Projected Monthly Volume of Leased Jan. Feb. June. July Nov. Dec. Water Needed in Gallons: Mar. Aug. Annual Total Gallons Maximum Instantaneous Demand Apr. Sept. Acre Feet gpm May Oct. D. OTHER REMARKS Date / C S'gn ture Signature PARCEL 2 RADER SUBDIVISION EXEMPTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER (SE1/4NW1/4) LYING SOUTH OF THE CENTER OF PARACHUTE CREEK IN SECTION 12, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN. Contract # 961108EC(a) — Map ID # 237 Date Activated S/96 WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: (5/(t1; 610 r� Quantity of water in acre feet ,7 (70.-)0) Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the State Engineer. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the_District to allot direct flow rights to the Applicant may. be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of 06y and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of -1- r, • • diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount .at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversiou and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually. transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop anaugmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall Provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with this application for consideration by the District. -2- • _ • Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of nae water prideliveryy year to which the initial payment shall apply athe is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicant's address set forth herein. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and the allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Security: As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this contract, have any rights hereunder. Any assignment of the Applicant's rights under this contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the Board of Directors of the District, if and when, the Board of said District -3- • • determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household 1/3 acre foot Domestic (includes lawn) 1 - 3 acre feet Livestock (cattle) 1 acre foot/100 head Irrigation 2 - 3 acre feet/acre 16. Well Permit: If Applicant intends to divert through a well, then App scant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this agreement. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 18. Costs of Water Court Filing: Should the District, in its own discretion, choose to include Applicant's contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceeding. -4- • • 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the West Divide .Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. APPFA: APPLICANT: APPLICANT ADDRESS: �f('ol ✓c"�i� � l ud o ./107 - STATE l07 STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this 8th day of Nov_ , 19915, by Fiarian Rader Authorized Representative for Witness my hand and official seal. Exxon Corp. My commission expires: 12/9/99 Noir Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVA CZ-BLSTRI T President ATTEST: / //// Secretary 1 Date This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other -5- FEASIBILITY STUDY Concerning: Development Completion Costs For PARACHUTE PARK P.U.D. Prepared For: THE TOWN OF PARACHUTE Prepared By: BANNER ASSOCIATES, INC. Consulting Engineers•& Land Surveyors 2777 Crossroads Blvd. Grand Junction, CO 81506 (303) 243-2242 November 15, 1990 IITZQpUCTION PARACHUTE PARK P.U.D., a Planned Unit Development, was presented for final approval by PARACHUTE JOINT VENTURE, LTD., a cooperation of David Rutgers, of RUTGERS MORTGAGE CORPORATION, and Kenneth Friedman, of WESTERN STATES VENTURE CAPITAL, INC., in February of 1982. The Project was approved for construction by the Town Council of the TOWN OF PARACHUTE (the Town) on Monday, February 22, 1982, just 10 weeks to the day before EXXON announced the closing of the Colony Shale Oil Project. The project was designed by Bill Honer of KKBNA, INC., Consulting Engineers, at that time officed in Glenwood Springs. Like many of the fast track projects being undertaken in the Parachute area at that time, the owners had already executed a Contract for construction, pending approval of the Plat and Plans for construction by the Town. This contract had been executed on January 28, 1982, more than 3 weeks before the project was heard by the Town Council. At the time of approval, the developers had plans for more than 670,000 square feet of space to include theaters, retail stores, a motel and restaurant complex, office space, and some light industry. David Rutgers claimed that about 50% of that space had already been committed. EXXON had pledged $175,000 towards the construction of Parachute Park Blvd., through the development. Parachute Park Blvd., was to run through the Colony parking area to the east of Parachute Creek and connect to County Road 215 leading north to the shale oil projects of EXXON, UNION and MOBIL. Mobilization for construction of the project commenced the day following approval by the Town. The primary contractor for the construction of Parachute Park P.U.D., was CORN CONSTRUCTION CO., of Grand Junction, Colorado, as represented in the field by Loren Knudson. CORN was the General Contractor for the project handling FEASIBILITY STUDY Page 1 all the heavy earthwork and street improvements, but they subcontracted to FRANZEN & SONS of Grand Junction for installation of the water and sewer systems, and Bob Risley of Parachute for the drainage system. FEASIBILITY STUDY Page 2 FILE REVIEW AND FIELD VERIFICATION General - Water and Sewer Systems: A review of the original construction documents, would indicate that CORN CONSTRUCTION's Contract to install the sewer collection and water distribution systems within the P.U.D., did not include those lines in Meadow Drive as seen on the attached Utility Map. The lines in Meadow Drive complete the water line loop and the sewer outfall for the northerly most part of the P.U.D. The developers, PARACHUTE JOINT VENTURE, LTD., had apparently sold that portion of the development through which Meadow Drive was to run, (Block 1, Lots 1 and 2), to CHILDS CONSTRUCTION of Elizabeth, Colorado. CHILDS CONSTRUCTION replatted this area into a high density condominium project called BONNIE ACRES. Construction on this project was taking place concurrently with PARACHUTE PARK P.U.D. CHILDS CONSTRUCTION was to have completed the interconnect on the water line between the 12" line in Parachute Park Blvd., and TELLS MEADOW, and also that portion of the outfall sewer line serving the northerly most part of the P.U.D. Our field inspection showed that the sewer outfall was completed, but we could not verify that the water interconnect was completed. Our attempts to deliver water pressure through the lines in BONNIE ACRES to the P.U.D. failed, causing us to believe this portion of the water line was not completed. The only record of the day to day construction we could find, was the partial collection of Daily Field Inspection Reports prepared by Brian Johnson of KKBNA. These reports were only for construction within PARACHUTE PARK P.U.D. being constructed by CORN, and not for any of the construction activity taking place in BONNIE ACRES. From a review of these Daily Field Inspection Reports, sewer construction began around the first of March and continued on through the middle of April, and construction on the water system started a month later and was completed by the middle FEASIBILITY STUDY Page 3 of May. Brian reported on May 27, 1982, that all'-lines, both water and sewer, had been inspected by him and that they passed ;the testing requirements as specified in the construction documents. The Technical Specifications included as a part of the Contract for construction, being the same specifications Brian would have used in his inspection of the work being performed by FRANZEN & SONS, were reviewed and found to be consistent with today's standards of practice within the industry. Water System: On November 10, 1990, a representative from PARKERSON'S CONSTRUCTION of Grand Junction met with me on-site, to inspect and pressure test both the water and sewer systems. Our primary objective was the testing of the water lines, but since these tests take a minimum of two hours per reach to conduct, we intended to utilize the contractor during his slack time to low pressure air test as many sewer lines as possible. We first attempted to flush and pressure the water system starting at the northerly end of the P.U.D. We intended to use the interconnect as shown on the construction plans that was routed through Block 1, or BONNIE ACRES. Though the construction Plans would indicate that this connection' was in place, we were unsuccessful in getting pressure to the P.U.D., by this route. Using the Plans for construction of TELLS MEADOW, which we obtained from the Town's files, we were able to find valves which allowed us to pressure lines up to the boundary of the P.U.D. We were not able to establish flow on through BONNIE ACRES and into the P.U.D. We used a metal detector in an attempt to find any unrecorded valving, and to try and trace the lines to see if the lines did in fact connect as the Plans indicated, but with no success. FEASIBILITY STUDY Page 4 It wasn't until the following day, that I was able to review the Plans for construction of BONNIE ACRES. These Plans, though showing different alignments for the water and sewer than those shown on the KKBNA Plans, did not show any additional valving that might have restricted flow. Having no success at this end of the system, we moved to the Diamond Avenue connection point. It should noted here, that the connection point shown on the P.U.D. Plans is not the same as that shown on the TET,TS MEADOW Plans. The P.U.D. Plans show a connection at Evans, whereas the TELLS MEADOW Plans show the connection to be at Wild Rose Lane. Both locations were checked for valves. A valve was evident at the Wild Rose Lane location leading towards the development, but none was evident at the Evans connection point. We used a metal detector at the Evans location as shown on the P.U.D. Plans, finding only a single older valve, which when opened seemed to have no affect. The valve connecting the developments as shown on the TELLS MEADOW construction Plans was opened, but water began to surface from beneath the pavement, indicating either an unblocked stub line, or a major line leak. The leak was reported to Dave Rousseau, but it was felt that a repair, just to enable us to continue pressure testing the water line, was not warranted at this time. Without either delivery point working, we were unable to pressure test the water lines. We did visually inspect what could be seen on the surface, and do feel that all lines, services, and fire hydrants contracted by CORN for construction were installed. Unfortunately, they were installed within roadways that had been excavated to subgrade, leaving at best only 2 to 3 feet of cover over the lines where normally 5 to 6 feet is required to protect lines from frost damage. Since the roadways were never completed, the cover was never restored, and with water in the lines for at least a couple of years following "shut -down", damage due to freezing was bound to happen. For the purposes of this Study, and substantiated by the discovery of the major leak mentioned above, we are anticipating that you will find considerable damage throughout the FEASIBILITY STUDY Page 5 underground water piping system when restoration of service is attempted. In an attempt to account for the costs associated with bringing the water system on line, we have assumed that roughly 20% of the lines within the development will have to be replaced, that the interconnect at BONNIE ACRES will have to be completed, and that all lines will have to be flushed and chlorinated several times to enable the system to deliver potable water. Sewer System: Being unable to pressure test the water lines, we decided to finish out the day testing sewer lines. Lines "B" and "C" as shown on the Plans for construction of the P.U.D., were tested using a low pressure air technique conforming to the industry standard as giver. in ASTM Standard C-828. With one exception, all lines tested passed the requirements of this Standard. The one exception was the reach between Manhole 0-3 and C-4. This section could not be brought up to the test pressure, let alone sustain the pressure for the required test period, thus indicating a significant leak. WE suspect this could be either a crack in the line or a slippec service connection. Line "A" was not air tested, only the manhole: were opened and checked for consistency of workmanship and and signs of infiltration. All manholes .inspected seemed to be it reasonably good condition with the exception of a couple of slippec rings and a broken one which would have to be replaced. There wer( no signs of damage that would indicate a need for any major reconstruction effort. In the Cost Estimate attached, to account for those costs we fee: will be incurred to bring the sewer system to serviceable status we have assumed that approximately 5% of the lines will have to b( excavated and repaired. The selective testing we performed woulL indicate that only 6 to 8 such repairs will probably be needed. —FEASIBILITY STUDY Page • No additional pressure testing of lines was done within tbs P.U.D. Since the main reason or retaining a contractor .with test equipment, was to test the water lines, and we were not going to be able to do so, we finished out the day testing sewer lines and told the contractor he would no longer be needed. This was discussed with Dave Rousseau and it was mutually agreed that the testing of lines "B" and "C" was sufficient to satisfy the needs of this Study. Additional Note: In review of the correspondence files, a change to the water system, which is not shown on the Construction Plans of Record, was noted. KKBNA had originally planned for a 12" water line to run north from the Highway Frontage Road along Parachute Park Blvd., and down Diamond Avenue to a point of connection with a 12" line in TELLS MEADOW. In the review that I conducted in 1982, in my capacity as the Town Engineer, it was discovered that the line in TELLS MEADOW, though originally proposed by PARAGON ENGINEERS as a 6" line, had only been upgraded to an 8" line during construction. At that time, it was not felt that this was of sufficient size to justify a 12" interconnect as proposed by KKBNA. We therefore requested of KKBNA that they have CORN continue the 12" line in Parachute Park Blvd., to the end of their project, and downsize the Diamond Avenue section of their line from 12" to 8", both of which were done. We later had the Highway Department place conduits under the Interstate to allow future extension and eventual looping of the 12" line to the south, negotiated a new storage tank site with access easements from EXXON to the west of this project and extended a 12" water line up Parachute Avenue leaving a 12" tap at the point where Parachute Park Blvd. was to eventually meet County Road 215. Though not within the scope of this Study, I would like to suggest that if it has not already been done, the right-of-way for the FEASIBILITY STUDY Page 7 1 original routing of Parachute Park Blvd., through the EXXON/COLONY parking lot be secured before EXXON sells this parcel. This right- of-way will be needed if the roadway or water line is ever to be completed in accordance with your water system or transportation master plans. It would not make sense to require that Parachute Park Blvd. be completed to the wider parkway width proposed, and that a 12" water line be constructed beneath it, if neither could ever be connected through to County Road 215 because there is no right-of-way. Grading, Drainage, and Paving: The Plans for construction and the correspondence files were reviewed and compared to field conditions as they existed on November 10, 1990. It would appear that most if not all the heavy earthwork both within the road rights-of-way and over the adjoining lots has been done. The area has again grown over in sage brush, various weeds and grasses and Tamarack, therefore, some clearing and grubbing would again have to be done. Of the drainage system of open channels, pipes under proposed roadways and detention facilities, only two of the many pipes were ever installed. Though apparently cut to subgrade, none of the granular base, concrete work or paving was installed. In reviewing the correspondence, it was noted that the drainage system cannot simply be completed in accordance with the existing Plans. Following review of the Plans, done after construction began, it was made known to the Town, the owners and their engineers, that the channels had not been designed to convey flows without sustaining heavy damage, and that the detention basin had not been designed with sufficient freeboard or an adequate emergency spillway. If the project were to be completed, the drainage system would have to be restudied and a design proposed and constructed that would protect the channel from erosion. The detention basin would have to be resized such that it could safely FEASIBILITY STUDY Page 8 • detain the excess runoff and still have adequate freeboard above the maximum high water level and an adequate emergency discharge works would have to be proposed and constructed. In the attached estimate, to account for those costs we feel will be needed to complete these items, we have entered an amount we estimate it would take to restudy, redesign and construct an adequate storm water detention facility, and an amount needed to complete the street construction in accordance with the original Plans. Telephone, Power, and Gas Services: The Grand Junction office of U.S. WEST was contacted for any historical information they might have concerning service to the project. Larry Worthington of this office was contacted and following a search of the files, we were told he could find no record of MOUNTAIN BELL, as they were known at that time, having extended service to this development, nor any evidence of their having prepared an estimate to do so. He also informed us that their tariff, set by the PUBLIC UTILITIES COMMISSION, had been changed since this project was first undertaken, and that U.S. WEST no longer requires industrial or business developments such as PARACHUTE PARK P.U.D. to "front end" the cost of service. We were told that their new policy was to require the developer to furnish the trench in which to install their cable. We assumed in the preparation of this estimate that U.S. WEST would common trench with PUBLIC SERVICE COMPANY, therefore no additional cost was included for furnishing trenching and backfilling. PUBLIC SERVICE COMPANY'S office in Rifle was contacted concerning electrical and gas distribution services. Don Currie of that office, having had some involvement with this project when it was being developed in 1982, researched his files and found the original service layouts and cost estimates. Mr. Currie furnished FEASIBILITY STUDY Page 9 • our office copies of these materials, but cautioned that the estimates he had on file were made in 1982, and would need to be inflated for use in 1991. A copy of his letter is attached to this Study as Appendix "A". Street Lighting System: No provision was made in the original construction package for the installation of a street lighting system. Don Currie of PUBLIC SERVICE COMPANY, indicated that his records made no mention of a street lighting system being proposed in 1982, and that the estimate he was sending us did not include a street lighting system. By todays standards, one would have to be provided, therefore we assumed one fixture for every 180 lineal feet of the estimated 5,500 lineal feet of interior roadway. FEASIBILITY STUDY Page - :N --CONCLUSIONS First impressions, following a tour of the site and a review of the construction Plans, would have one feeling that this was a project very nearly complete, one requiring only street paving to bring it on-line in 1991. Upon further review, we have found a project, proposed at a time when the community was trying to get in step with full scale oil shale development, reviewed by a town with less than adequate codes and standards to control developments of this scale, a development that received an engineering review after construction had started, all of which necessitated concessions that would not have been made under todays more leisurely pace. A great deal of work was done in 1982, but much of it has unfortunately not survived the ravages of time. The land once cleared has now grown back, the water system once meeting acceptable test standards has since sustained considerable damage through freezing, the drainage system though designed was never built, which is probably fortunate in that the design prepared in 1981 does not meet todays standards, none of the base work, concrete work or paving was started. In addition to the lost, damaged, or uncompleted portions of the above Contract, needed utilities such as the electrical distribution, street lighting, gas, and telephone system still have to be constructed. Even if the project were to be completed in accordance with the original Contract documents and Specifications, without the originals, those documents would have to be regenerated by a new engineering firm. To facilitate redesign, using a ground surface radically different from the original mapped surface, the area would have to be resurveyed, reflown and recompiled. The cost estimates attached as Attachment "A", have been prepared using our best estimate of the costs for completing the missing items as discussed above, including costs for PUBLIC SERVICE FEASIBILITY STUDY Page 11 1 R r• • • COMPANY to install their gas and electrical services, U.S. WEST to install telephone service and for an engineering firm to regenerate the missing documents, complete the redesign, and manage the construction of those missing facilities. In anticipation of this estimate being used in the forming of a SPECIAL IMPROVEMENT DISTRICT for the completion of this project, we have, as a further service to you, tabulated these costs on a "per lot" basis, apportioning the costs by using a factor arrived at by dividing our estimate of the total completion by the sum of all buildable square footage. The estimate has been prepared and is displayed in sufficient detail that we hope it will be self explanatory. If questions arise, we will be available for further consultations. Respectfully submitted, BANNER ASSOCIATES, IN b,, -ice /JAMES E. LANe.•ORD, P.E\`d�li:�a_i; .� Senior Project Manager OF :St___ Town Engineer, Parachute FEASIBILITY STUDY Page 12 • • CONSTRUCTION COST APPORTIONMENT Total Development Completion Cost: $1,248,306.90 Block Lot Acres % Total Apportioned Cost 1 1 2.84 4.93 $ 61,484.42 1 2 1.78 3.09 38,536.01 Sub -Total Area 1: 4.62 Acres 2 1 2.45 4.25 53,041.14 2 2 2.00 3.47 43,298.89 2 3 1.98 3.43 42,865.90 2 4 2.13 3.69 46,113.31 2 5 2.13 3.69 46,113.31 2 6 1.31 2.27 28,360.77 2 7 2.47 4.28 53,474.12 2 8 2.18 3.78 47,195.79 2 9 1.87 3.24 40,484.46 2 10 1.01 1.75 21,865.94 Sub -Total Area 2: 19.53 Acres 3 1 1.18 2.05 25,546.34 3 2 1.18 2.05 25,546.34 3 3 1.00 1.73 21,649.44 3 4 1.36 2.36 29,443.24 3 5 2.98 5.17 64,515.34 3 6 1.48 2.57 32,041.18 3 7 1.50 2.60 32,474.16 3 8 2.25 3.90 48,711.25 3 9 2.27 3.94 49,144.24 3 10 2.62 4.54 56,721.54 3 11 2.22 3.85 48,061.76 3 12 1.17 2.03 25,329.85 3 13 1.17 2.03 25,329.85 3 14 2.07 3.59 44,814.35 3 15 2.01 3.49 43,515.38 3 16 2.14 3.71 46,329.81 3 17 2.44 4.23 52,824.64 3 18 2.47 4.28 53,474.12 Sub -Total Area 3: 33.51 Acres Grand Total: 57.66 Acres 100.00 $ 1,248,306.90 * See Attached Sheets for Justification of TOTAL DEVELOPMENT COMPLETION COST i ITEM DESCRIPTION A. GRADING & L1 AINGE: 1 Excavation 2 Rock Excavation PARACHUTE PARK P.U.D. ORIGINAL CON.STRUCI'ION CONTRACT vs TODAYS COMFIETIOU ASPS 1982 QUANTITY UNITS UNIT PRIG AMOUNT 1990 QUANTITY UMTS UNIT PRICE ANDUITT 69,000 CY $ 1.05 $ 72,450.00 n/a Completed in 1982 1,000 CY 5.50 5,500.00 n/a Completed in 1982 3 Elnbaankn nt 66,000 CY 0.35 23,100.00 n/a Completed in 1982 4 36" RCS.' Culvert 120 LF 43.00 5,160.00 120 LF 68.00 $ 8,160.00 5 36" End Section RCP 2 EA 390.00 780.00 2 EA 605.00 1,210,00 6 30" RCP Culvert 120 LF 34.50• 4,140.00 120 LF 52.00 6,240.00 7 30" End Section RCP 1 EA 320.00 320.00 1 EA 496.00 496.00 8 38"x24" RCP Culvert 86 LF 47.00 4,042.00 86 LF 73.00 6/278.00 % 9 38"x24" End Section RCP 1 EA 380.00 380.00 1 EA 590.00 594,00 10 18" RCP Culvert 85 LF 25.50 2,167.50 45 LF 39.50 3,357.50 j ;'!;+„'1 7 R 11 42" QUIP Culvert 55 LF 32.50 1,787.50 55 LF 50.00 2,750' Cd, 'fh! 12 42" End Section CMP 2 EA 450.00 900.00 2 EA 698.00 i;'Q ti s' IiJ'I 13 30" Q'P Culvert 125 LF 31.00 3,875.00 125 LF 48.00 6,000!40: 14 24" CMP Culvert 80 IF 28.00 2,240.00 80 LF 43.50 3,480.00 " 15 22"x13" Pipe -Arch Culvert 350 LF 23.50 8,225.00 270 LF 36.50 12� n BSI 1982 DESCRIPTION UNIT QUANTI'T'Y UNITS PRICE 16 Inlet .1? , fLolped Channel DLop RaP gmalUrAL GRADING AND DRAINAGE 4 EA 1,250.00 30 EA 1,000.00 60 SY 15.00 1990 AMOUNT QUANTI'T'Y $ 5,000.00 4 30,000.00 30 900.00 60 $ 170,967.00 UNIT UNITS PRICE AMOUNT EA 1,940.00 $ 7,760.00 EA 1,550.00 46,500.00 SY 23.00 1,380.00 $ 108,372.50 . WATER SUPPLY SYSTEM: 1 6" Water Main 500 LF 8.00 $ 4,000.00 100 LF 12.50 $ 1,250.00 2 8" Water Main 2,830 LF 10.00 28,300.00 566 LF 15.50 8,773.00 3 12" Water Main 3,070 LF 18.50 56,795.00 614 LF 28.50 17,499.00 4 6" Gate Valve 2 EA 350.00' 700.00 n/a Ccanpleted in 1982 5 8" Gate Valve 5 EA 475.00 2,375.00 n/a Completed in 1982 6 12" Gate Valve 9 EA 900.00 8,100.00 n/a Canpleted in 1982 7 Fire Hydrant Assembly 9 EA 1,300.00 11,700.00 n/a Completed in 1982 8 Water Service 27 EA 525.00 14 175.00 n/a Completed in 1982 SUB -'DOTAL WATER SUPPLY SYSTEM $ 126,145.00 $ 27,522.00 C. SANITARY SE,WE1 COLLECTION SYSTEM: 1 8" Sanitary Sewer Main 4,220 LF 11.00 $ 46,420.00 211 LF 17.00 $ 3,587.00 2 Manholes 18 EA 925.00 16,650.00 n/a Completed in 1982 1982 1990 3 Manhole, Extra Depth 4 Sewer Services 63 LF 50.00 $ 3,150.00 27 EA 225.00 6,075.00 SUB -TOTAL SANITARY SEWER ODTTECr'1ON SYSTEM $ 72,295.00 n/a Completed in 1982 n/a Completed in 1982 $ 3,587.00 D. SlREEIPAVING: 1 Aggregate Base Course 14,150 CY 13.00 $ 183,950.00 14,150 CY 28.00 $ 396,200.0 111 2 Asphalt Concrete Paving 4,630 TON 31.00 143,530.00 4,630 TON 55.00 254,650.00 3 4' Concrete Sidewalk Concrete Gutter 4,250 LF 10.00 42,500.00 4,450 LF 19.00 80,750.00 4 5' Concrete Sidewalk Concrete Gutter 200 LF 11.50 2,300.00 200 LF 21.50 4,300.00 5 6' Concrete Sidewalk 2,600 LF 10.50 27,300.00 2,600 LF 12.00 31,200.00 6 6' Vertical Face Concrete Curb & Gutter 5,050 LF 6.00 30,300.00 5,050 LF 9.00 45,450.00 7 Drive -Over Concrete Curb & Gutter 1,900 LF 6.00 11,400.00 1,900 LF 10.50 19,950.411 8 Valley Gutter 1 EA 450.00 450.00 1 EA 700.00 700.00 9 40' Driveway Curb Cut 5 EA 800.00 4,000.00 5 EA 1,250.00 6,250.00 SUB -'ICTAL STREET PAVING $ 445,730.00 $ 839,450.00 GRAND TOTAL - AIL STANDARD CONSTRUCTION ITEMS $ 815,137.00 $ 978,931.50 - Page 3 - 1 UNIT UNIT ITEM DESCRIFr'ION QUANTITY UNITS PRICE AMOUNT QUAMITrY UNITS PRICE AMOUNT 3 Manhole, Extra Depth 4 Sewer Services 63 LF 50.00 $ 3,150.00 27 EA 225.00 6,075.00 SUB -TOTAL SANITARY SEWER ODTTECr'1ON SYSTEM $ 72,295.00 n/a Completed in 1982 n/a Completed in 1982 $ 3,587.00 D. SlREEIPAVING: 1 Aggregate Base Course 14,150 CY 13.00 $ 183,950.00 14,150 CY 28.00 $ 396,200.0 111 2 Asphalt Concrete Paving 4,630 TON 31.00 143,530.00 4,630 TON 55.00 254,650.00 3 4' Concrete Sidewalk Concrete Gutter 4,250 LF 10.00 42,500.00 4,450 LF 19.00 80,750.00 4 5' Concrete Sidewalk Concrete Gutter 200 LF 11.50 2,300.00 200 LF 21.50 4,300.00 5 6' Concrete Sidewalk 2,600 LF 10.50 27,300.00 2,600 LF 12.00 31,200.00 6 6' Vertical Face Concrete Curb & Gutter 5,050 LF 6.00 30,300.00 5,050 LF 9.00 45,450.00 7 Drive -Over Concrete Curb & Gutter 1,900 LF 6.00 11,400.00 1,900 LF 10.50 19,950.411 8 Valley Gutter 1 EA 450.00 450.00 1 EA 700.00 700.00 9 40' Driveway Curb Cut 5 EA 800.00 4,000.00 5 EA 1,250.00 6,250.00 SUB -'ICTAL STREET PAVING $ 445,730.00 $ 839,450.00 GRAND TOTAL - AIL STANDARD CONSTRUCTION ITEMS $ 815,137.00 $ 978,931.50 - Page 3 - PARACHUTE PARK P.U.D. ADDITIONAL CONSTRUCTION ITEMS STREET LIGHTING UNITS QUANTITY UNIT PRICE AMOUNT Street Lighting complete in place with associated Conduit, Wiring, Trans- formers and Switching EA 31 2,500.00 $ 77,500.00 MITER PUBLIC UTILITIES: Electrical Distribution: Natural Gas Distribution: Public Service Company 1982 Charge for Installation = Subsequent Inflation (5%/year) = 1991 Estimate Cost of Installation Public Service Company 1982 Charge for Installation = Subsequent Inflation (5%/year) = 1991 Estimate Cost of Installation Telephone Communication System: U.S. West Cable Television System: Parachute Comm - Page 1 - 1982 Charge for Installation = Subsequent Inflation (5%/year) = 1991 Estimate Cost of Installation 1982 Charge for Installation = Subsequent Inflation (5%/year) = 1991 Estimate Cost of Installation L O►I1IER PUBLIC UT TI*TF_5 : • $ 57,000.00 28,215.00 • $ 85,215.00 $ 16,715.00 9,215.00 25,930.00 0.00 0.00 • $ 0.00 $ 0.00 • $ 0.00 $ 111,145.00 ENGINEERING - SURVEYING - GEXY EC NIC AL: REVIEW/REDESIGN PHASE: Review of Original Design: a. Check Adequacy of Paving and Drainage Design b. Geotechnical Testing for Pavement Design c. Field Profile and Cross -Sections COSTS BASED ON LUMP SUM $ 2,400.00 2,800.00 2,600.00 COSTS BASED ON % OF C NSTRUCr'ION Re -Issue of Construction Documents: Percent Total a.1 Roadway Plan & Profile Sheet 1.50% $ 14,683 a.2 Open Channel & Detention Design b. Bid Documents & Specifications 0.75% 7,341.99 CCusTRucrrct PHASE: Contract Administration: TOTAL REVIEW/REDESIGN PHASE: $ 29,825.96 COSTS BASED ON % OF oeNSTRUc1iON Percent Total a. Bidding & Award 0.25% $ 2,447.33 b. Project Representation 0.70% 6,852.52 c. Cost Control & Pay Estimates 0.50% 4,894 6 Sub -Total Contract Administration $ 14,194.51 Construction Staking: a. Base Control Surveys b. Earthword, Paving & Drainage - Page 2 - 0.25% 1.00% $ 2,447.33 9,789.32 Sub -Total Construction Staking $ 12,236.64 Construction Inspection: Percent Total a. Daily Inspection/Quality Control 1.00% $ 9,789.32 b. Daily Reports and Project Diary c. Assistance with Scheduling and Coordination Construction Geotechnical: a. Moisture/Density Control b. Daily Reports and Project Diary c. Availability for Consultaton Sub- btal Construction Inspection 1.50% Sub -Total Construction Geotechnical $ 9,789.32 $ 14,683.97 $ 14,683.97 TOTAL CONSTRUCTION PHASE: $ 29, 825.96 TOTALINGIIMMEING, SURVEYING & GEOTECHNICAL $ 80, 730.40 GRAND TOTAL - DEVELOPMENT COMPLETION COST: $ 1,248,306.90 - Page 3 - • • APPENDIX "Ail FEASIBILITY STUDY 4 0 Public Service® OCTOBER 29 1990 BANNER ASSOCIATES INC. 2777 CROSSROADS BLVD. GRAND JUNCTION, CO 81506 MR. JIM LANGFORD JIM, MY MEMORY MUST STILL BE PARTIALLY FUNCTIONAL. PUBLIC SERVICE COMPANY DID PREPARE ESTIMATES TO INSTALL ELECTRICITY AND NATURAL GAS INTO PARACHUTE PARK P.U.D. ENCLOSED ARE COPIES OF OLD ENGINEERING DRAWINGS DATED 1982. AS YOU CAN TELL FROM THE PRINTS, WE INTENDED ONLY TO INSTALL A BACK BONE DISTRIBUTION SYSTEM TO REACH ALL OF THE LOTS. IT IS VIRTUALLY IMPOSSIBLE TO DESIGN A SYSTEM FOR A COMMERCIAL SUBDIVISION SUCH AS THIS, BECAUSE ACTUAL LOAD REQUIREMENTS ARE NOT KNOWN FOR SPECIFIC SITES. LOTS COULD ALSO BE COMBINED IF NECESSARY TO FIT THE SPECIFIC NEEDS OF POTENTIAL BUYERS. .THE FOLLOWING COSTS WERE VALID IN 1982 FOR INSTALLATION. GAS MAIN COST WAS $15,715 ELECTRIC COST WAS $57,000 PLEASE TAKE INTO CONSIDERATION WHEN REVIEWING THESE COST ESTIMATES WE HAVE EXPERIENCED AN APPROXIMATE COST INCREASE OF 5% ANNUALLY. JIM, IF YOU NEED ADDITIONAL INFORMATION, PLEASE =EEL FREE TO CONTACT ME. CORDIALLY, DOM CURRIE/ SUPERVISOR ENERGY SERVICES 1 1 1 1 1 • L1121210 MAW PAU1. C EEE R EE 6116LE 611C E140110 C11041, 1ff, 0.E.-Ax-iEC Cr. 4E12 CV1ivE 1100104 1101.4 0.044E 44C Fa... CM060 <MORO 0E466 ACC, 04.16-na-,EC IF" OCu-AO-SEC 1,11 1,11 Or" 0E6 -AN -SEC C-. 1 5.20.00 72.1, 11.11 22.1M i n-25-1, E. 7 11/1.00 Of- OI -11 4,4.43 :,42.1t 441.16 , O.o.-7,- 1. C- 1:41.011 1U1.65 Si.. /.1.71 a 61. 4-41 150.100 tal. fa 22./3 MAU V41.00 50.04 14.14 . 17-5,12 12,00 172.,4 171.00 17-17-11 111.01 ,11.0t 10.00 47.12 10.00 C-1 2110.U0 2,12-11 1111-16 6,...i 1,2.140 s 6V-17-1.0 C 1 1,4,00 104.10 54.61 40. 1-10 131.24 17-12.21 .2,62 .41.:' 11.11 • 4,52-31 ,0.40 ;0:04 10.110 10- :-.20 30.Ula 12.60 C-1 I, AIL 110.51 41.6] 12,00 11,41-14 04.71 44.4O. 1.112 CILART LLna Dastisnoe 20.21. 20.15. 67.41. L -I 70.001 L-11 L-11 1.,65=1, Area 4.62 10.51 Bleck 1 11.51 0••• Slaw. 12.11 111... -0C -way till.. C-2., 00-13-31 41.23 [..,.1 211= 11-.15-20 40.44 C -d4 200.00 160.V4 1.-1,. 200.011 10. 0-16 104.'4 12.5.00 1,-,/.44 114.4/ 1/1.60 71- u- 0 J6.14 175.0° 10.441 12,00 11-1,-.11 40.1/ C.1.0 10.dy 120.00 23.11 111.1.0O 7,-46-46 C-.1.• 1.10.11.1 ,,,,,, .y.0. 1.-1, 1, • "-•4 .11.73 ..-16 12O.00 11V.S.1 10.00 TOTAL 110.10 Acre, 100.00% mu111 ramaly Rescraccot Busanoos LiAnt. Ineluatra a Parkland Oedieat4on 9 0046 37-E 536 39. L 1 A9960 1-2 O.UTtLi..p , Et$EmENY • AloLi I FOR ILT APE.141. -.000 ?St 01, Pa, CO PARACHUTE E SRICTED 00 'E°6:114-:47 LC, a 110os LIGHT INDUSTRIAL CO PARK . o 9.00 -4A37 -E -- N5549�E S.2} .461 32.6 ,A510.14 r CUL•06-3•C Park P.O.O. and Lb. C0101:11ntDevaronent of t ..... . r":17e.7. CD., PARCEL A 9.60.5Ef030 13(401' FESTRIC7E SUS, •E SS° LOT 296a. 4 CC,14.6 ALVD LIGHT MOUS TR IAL uN1VEV4Y COON PARCEL C 0.3C ,s„•49.106." CoE,S 26'2202E • A0781 4537-E 364 - - - :0636 E . • -4FFA N JC.Si'36 w 266059 FINAL PLAT PARACHUTE PARK P.U.D. SHEET NO. 2 OF 2 R3/14A. 1701 Ciale Ave000 - fleassca. a mOn 1.051,001.10 pol«�_EieylcNsrrc._tuer ' pm$c1 .n4rf_dfS 6..1`-_--. `--•— T--.Im ro.1BLHL2 ereLP- 0 0 A • � D,a Ate.•, p" 1 •Y�• F"^ a ^� 1 t C fs 0 _ Trl I �I F � F ; d IN - a I�E••yy�� W a-ze-e/ K. wmOw - 4.929 02 atlas b vFu er... W c• en«EW b - NJQ a.cra0on all �'::" foaLa PARACHUTE PARK • P.U.D. UtILITY PLAN SHEET ASBUILTS teyy i. CORPOR.TED CONSUMING ENGINEERS UNIMPROVED LAND RTLIF 7 ll J_ ___ 057 LDO 4067 300 & 303 ROADS (OFF S270,000 Tn BATTLEMENT M Sb NONE Ar1ES Zn ARRD LegaI PART-SW1 /4,SEC17,T7S,R95W LotSz 59.5 ACRES Acres 59.50 Topcg FLAT ROLL Use TILL P/IRR SF WR IRR !Tax$ 141.21 / 94 lTrms CASH U/AvGAS,EL,PH 'Asm ? SDOF N ,Poss DOD San VSEPT 'Assess 0 Wtr DWELL ErM 10000 , Ext: C/DIV,FENCE.HOR/P,LIV/P,MIN/R Dis: Hoa: Fr ON MESA. LDRU 408829 Ad 6534 331 ROAD Tn SILT Sb NONE Legal PART OF T7S R92W LotSz 100 ACRES Acres 100.00 FLAT,ROLL ROCK TREE Use TILL S237,000 k 1SS ZnARRD IRRIG CROPS SF Trms CASH,NEW IPoss DOD+ Ad 233 ROAD Tn RIFLE Sb UNKNOWN Legal E 12 SE 1/4 AND W 1/2 SE LotSz 43.486 Acres 43.49 Topog FLAT Use IRRIG WR IRR TaxS 380.10 / 94 U/AvAsm ? SDOF Y San :Assess 0 Wtr DWELL IErM 10000 Ext: Dis: Hoa: Fr CASH 5239,000 k 1RE ZnARRD CROPS Trms CASH Poss DOD Topog WR. IRRTaxS TBD / 96 U/AvEL,PH IAsm NN SDOF Y San I/SEPT !Assess - Wtr 0/WELL ErM 10000 Ext C/DIV,ELEC,FENCE,HOR/P,IR/EQ Dis. Hoa: Fr 100 ACRES OF WORKING CATTLE RANCH.APPROX 40 ACRES ON SIDEROLL SPRINKLER.50 ACRES FLOOD IRRIGATED.EXCELLENT WATER RIGHTS.4 SHARES OF HIGHLINE DITCH.FENCED PASTURE.INSTALL WELL.ELECTRIC TO LOT. MUST SEE. THIS PROPERTY IS APPROXIMATELY 3 MILES NORTH AND WEST OF SILT ON SILT MESA. THERE IS POWER, TELEPHONE AND NATURAL GAS ALONG THE SOUTHERN BOUNDARY. APPROXIMATELY 42.5 AC. IRRIGATED ALFALFA & GRASS HAY MIX 59.5 ACRES, MORE OR LESS BATTLEMENT GREAT DEVELOPMENT POTENTIAL FOR 2 TO 5 ACRE HOMESITES. GREAT VIEWS AND LOCATION. CLOSE TO POWER, PHONE & NATURAL GAS. WATER RIGHTS CONVEYED BY QUIT CLAIM DEED. TB:3.0% BB:3.0% S Own PENS & CO. TB:3 BB:3 SA:0 Agnt CALDWELL, GRANT NR IPh920-3671 Finn CHARDONNAY REAL ESTATE IPh927-8080 Own GARDINEER TB:3.5 BB:3.5 SA:0.0 Agnt PRETTI, JACK K. DR IPh625-2454 Firm HUEBINGER REAL ESTATE IN IPh945-6190 Own WEHR ESTATE Agnt SWARTZENDRUBER, LEO F. R- P11245-7485 Firm RIFLE REALTY CO INC IPh625-1681 LDCO LDRU LDRU 237 ROAD S299,000 Sb NONE Ar 1SN ZnARRD Acres 78.10 ROLL TREE Use HUNT,TILL P/IRR SF T 565.40 / 95 :Trms CASH,NEW Asm N SDOF Y Poss DOD Assess APROX 12 ErM10000 LIV/P.VIEW NEW LOAN YOU AT THIS MAGNIFICENT SADDLE UP THE HORSES BORDERING BLM OR GO AROUND AT HVEY GAP IRRIGATION. RESERVOIR. PROPERTY. 409354 Ad HWY 13 (TBD) S280,000 TnRIFLE So NONE Ar 1RC Zn TC Legal TR.NWSE/SWSE SEC.4 T6SR93 LotSz 8.59 ACRES Acres 8.59 Use CO 404524 Ad 24TH TnRIFLE Legal 4TH FILING,PALOMINO LotSz VARIOUS Topoq FLAT WR NONE U/AvGAS,EL,PH San SEWER,T/FEE Wtr T/FEE.PUBL Ext: SURV Dis: URE Hoa: Fr RESIDENTIAL SUBDIVISION SOME ZONED FOR SINGLE FAMILY. SEWER 90% INSTALLED. & HOWARD (OFF 0 Sb PALOMINO PKAk PARK Acres 25.60 Use SF TaxS 1592.68 / 93 Asm ? SDOF N Assess 0 ErM20000 CONTAINING MULTI -FAMILY AND LINES ARE APPROX. CONTACT YOUR DEVELOPERS! S290,000 1RW ZnLDR' MF Trms CASH,SELL Poss DOD 58 LOTS, SOME FOR 407915 Ad 2000 TnSILT Local SEC 25 T5S R92W LotSz 78.10AC Topoq FLAT,STEEP WR IRR U/AvEL San VSEPT Wtr DWELL Ext. FENCE,HOR/P Dis D/OTR Hee. Fr CASH, CASH TO MOTHER EARTH AWAITS 7BAC SILT MESA SPREAD. AND RIDE TO THE PLAY THE UNE B HOUEND SE ON Topog FLAT,STEEP.ROLL.STRM WR NONE !Tax$ 1300.22 / 95 U/AvGAS,EL,PH 'Asm N SDOF N San S/AVL Assess 0 Wtr PUBL 'ErM15000 Trms CASH,NEW Poss DOD Ext: C/DIV Dis: Hoa: LOAN Fr CASH/NEW TAKE A LOOK AT THIS LOCATION. GREAT FOR SOME COMMERCIAL DEVELOPMENT. NORTH END POSSIBLE FOR A COUPLE HOMESITES NEXT TO SHETTLAND ACRES. POSSIBLE FLOOD PLAIN ALONG RIVER. Own JOYCE TB:4 BB:4 SA:0 Agnt SNYDER, JEAN E. GRI BOD R- IPh625-2529 Firm COLDWELL BANKER GW BRK Ph945-6000 Own BROOMFIELD IND. PARK TB:4 88:4 SAO Agnt SWARTZENDRUBER, LEO F. R- 'Ph245-7485 Firm RIFLE REALTY CO INC 'P1625-1681 Owl SALVUCCI TB:4 BB:4 SA:0 Ag,t CASEY, JEANNE M. GRI R- ,Ph984-3155 Firm MASON & MORSE R.E. GWS :Ph 928-9000 LDRU 406746 Ad 251 ROAD TnRIFLE Legal SEC 19 20 29 LotSz 655+/- A Topog FLAT,STEEP,ROLL,TREE WR U/Av San Wtr Ext: OBLD Dis: Hoa: Fr LDOU LDRU LDRU 409619 Ac TBD 325 ROAD(OFF OF) S300,000 TnRIFLE Sb NONE Ar 1RE ZnARRD Legal SEC19, T5. R92 LotSz 47.05 ACRE Acres 47.05 Topog FLAT,STEEP,ROLL,STRM Use SF 405575 Ad 236 ROAD TnSILT Legal SE1/4,SE1/4,S4,TS6,R92 LotSz 21.42 AC Topog WR U/Av San Wtr Ext: Dis: Hoa: Fr 25%DN 10Y AMO EXCELLENT DEVELOPMENT BORDERS SILT CITY POSS. OF PART. REL. TO SEE THIS PROPERTY S325,000 Sb NONE Ar 1SN Zn AG Acres 21.42 Use Tax$ 783.30 / 93 ITrrns Asm ? SDOF N Poss Assess NONE ErM NEGV,`- 7.5%INT.BAL POTENTIAL, PROPERTY LIMITS, OWNER FIN. W/ TOWN OF SILT WOULD LIKE ANNEXED. 409666 Ad TBD OFF HWY 6 & 24 S375,000 Tr PARACHUTE Sb PARACHUTE PKPAr 1PC ZnAGR Leoai SEC 12 T7S, R96 W OF 6TH LoSz 109 ACRES Acres 109.00 Tccog ROLL,TREE Use SF 14R. TaxS 70.60 / 95 iTrms CASH U/AvNONE Asm N SDOF Y 'Poss DOD S^ 'Assess 0 OTHR IErM 10000 1 6': C/DIV,SURV,VIEW Dis: Hoa: Fr SUBDIVSISION OPPORTUNITY IN PARACHUTE. PROPERTY ANNEXED INTO TOWN FOR CITY WATER & SEWER. OUTSTANDING VIEWS OF THE BATTLEMENT MTNS. BACKS UP TO BLM. CALL LISTOR FOR DETAILS. PLAT MAPS, DOCUMENTS ON FILE. WR COM TaxS 1531.32 / 95 U/AvNONE Asm N SDOF Y San I/SEPT Assess 0 SPRNG,OTHR ErM 10000 Trms CASH,NEW Poss DOD Wtr Ext: MIN/R.SURV,VIEW Dis: EX/B Hoa: - GREAT VIEWS, NEAT OLD RANCH OVERLOOKING SILT VERY PRODUCTIVE RANCH, EXCELLENT WATER RIGHT CHARMING FARM HOUSE SURROUNDED BY OLD SHADE TREES, CO -LISTED W/ MIKE GERBAZ,925-7000 OR 923-2098. GREAT DEVELOPMENT POTENTIAL. Fr SUBDIVISION AGREEMENT NOT IN PLACE VERY WORKABLE SUBDIVISION POTENTIAL! DEVELOPMENT PROPERTY ADJOINS CITY LIMITS. PRIME SUBDIVISION LAND COULD BE ANNEXED WITH CITY APPROVAL. LOWER 1/2 MOSTLY FLAT COULD BE COMMERCIAL UPPER 1/2 FLAT COULD BE PRIME RESIDENTIAL. VIEWS OF RIVER! Own ROBINSON TB:2.5 88:2.5 SA:0 Agnt NOEL JODIE R-Ph984-3665 Firm GARRY L. BUZICK & ASSOC. IPh945-6917 Own LARSON TB:3 BB:3 SA3 Agnt VAN PELT, ROBB DR Ph963-1&43 Firm WILLIAM LONG & ASSOC IPh876-2223 Orin BORUCH TB:3% 88:3% SA:0 A mt PHILLIPS, NOEL J. R- Ph963-2994 Rin MASON & MORSE R.E. CARE. IPh963-3300 LDRU 406746 Ad 251 ROAD TnRIFLE Legal SEC 19 20 29 LotSz 655+/- A Topog FLAT,STEEP,ROLL,TREE WR U/Av San Wtr Ext: OBLD Dis: Hoa: Fr (TBD) Sb NONE 30 32 1'5S Acres 655.00 Use HUNT Tax$ 470.76 / 94 Asm N SDOF N Assess N/A ErM25000 S393.000 Ar 1RE ZnARRD Trms CASH,NEW Poss DOD LDOU 407377 Ad W 2ND Tr RIFLE Legal NE 1/4 SEC 18, LctSz 40 A Tcoog FLAT,STEEP VA IRR L'AvGAS,EL,PH San S/AVL Ve7 OTHR Ext: FENCE,SURV Ds: Hca: Fr ST Sb NONE T6S R93W Acres 40.00 Use SF,MF,CO Tax$ 643 / :Trms Asm SDOF N Assess ErM20000 S395,000 Ar 1RW ZnR/L CASH Poss DOD LDCO 408441 Ad 969 231 ROAD S380,000 TnSILT Sb NONE Ar 1SN ZnARRD Legal SEC3&4 T6S R92W LotSz Acres 93.00 Use 14209 WR Tax$ 2351 / 94 U/Av Asm N SDOF N San Assess - Wtr ErM20000 Trms Poss Ext: Dis: Hoa: Fr .. - GREAT VIEWS, NEAT OLD RANCH OVERLOOKING SILT VERY PRODUCTIVE RANCH, EXCELLENT WATER RIGHT CHARMING FARM HOUSE SURROUNDED BY OLD SHADE TREES, CO -LISTED W/ MIKE GERBAZ,925-7000 OR 923-2098. GREAT DEVELOPMENT POTENTIAL. TOP OF THE WORLD VIEW OF COLORADO RIVER VALLEY & SURROUNDING MOUNTIANS. A SHORT DISTANCE FROM RIFLE GOLF COURSE, RIFLE GAP RESERVOIR & NATIONAL FOREST. ADJOINS BLM. FIFTEEN MINUTES FROM 1-70. CAN BE DIVIDED. POTENTIAL! DEVELOPMENT PROPERTY ADJOINS CITY LIMITS. PRIME SUBDIVISION LAND COULD BE ANNEXED WITH CITY APPROVAL. LOWER 1/2 MOSTLY FLAT COULD BE COMMERCIAL UPPER 1/2 FLAT COULD BE PRIME RESIDENTIAL. VIEWS OF RIVER! Own JOHN CONTO ESTATES TB:3 BB:3 SA:0 Agnt CASEY, JEANNE M. GRI R- (Ph984-3155 Firm MASON & MORSE R.E. GWS IPh928-9000 Own KENNETH M. GOOD IRRE ', T8:3 B8:3 SA:0 Agnt MCPHERSON, JEANNE L. R- IPh876-2554 Firm COLORADO TOWN & COUNTRY IPh963-9700 Den HOLLENBAGH TB:3% BB:3% SA:0 Ant GROSJEAN, DARRYL B. DS IPh927-3343 Ern BASALT REALTY INC. Ph927-3174 , It ((( . POINT 0 DIVERSION :DIAMODITCH, a 5500 I )\I 1 r i .- f' 'q.. rAlund.10AILL,._4 1144 STORAGE P.ND' & ��� MPING FACILI T• Y i Y Town of Parachute • AIL V�ECURITIES INVESTMENT Mery Lapin, President 232 West Meadow Drive, Vail, Colorado 81657 (303) 476-5483 (303) 476-5531 — Fax/Phone Board of County Commissioners 109 8th Street Suite 301 Garfield County Courthouse Glenwood Springs, Colorado 81602 October 3, 1996 Re: Subdivision Exemption for Exxon Company/Hayden Rader north of the Town of Parachute along County Road 215. Dear County Commissioners, I have been unable to see the plat that shows the division of the 3 lots in relation to my land. My only concern is that I not be land locked. Please insure that any roads will come to my property line. Thank you. Sincerely, Mery Lapin A PARCEL OF LAND S1'l'UA'I'I:D 111 THE SE 1TSOUTH, RANGE 96 WEST O ,1' HE /414SIXTII1/4 OF SECTION PJ PRINCIPAL 12, MERIDIAN, BEIING THOSE PORTIONS OI' '1'111: FOLLOWING DESCRIBED PARCELS A, l3 AND Co IN THE SE1/431341/4 C)F SAID SECTION 12, LYING SOU'1'IIERI.Y OF PARACHUTE CREEK, SAID PARCELS A, B ANI) C .BEING MORE PAR'T'ICULARLY DESCRIBED AS FOLLOWS: PARCEL A A TRACT OF LAND LOCATED I11 THE SEI/4NW]/4 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING A'1' THE SOUTHEAST CORNER OF TIIE S1:1 /4 11141 /4 OF SAID SECTION 12; THENCE WEST ALONG THE SOUTH LINE OF SAID SE1/4NW1/4 A DISTANCE OF 450 FEET; THENCE NORTH 340 FEET TO THE CENTER OF PARACHUTE CREEK; THENCE 111 A SOUTHEASTERLY DIRECTION ALONG THE CEN'T'ER LINE OF PARACHUTE CREEK '1'O THE EAST LINE OF '1'111: SAID SE1/411W1/4 OF SECTION 12; THENCE SOUTH ALONG '1'1111 EAST LINE OF SAID SE1/4NW1/4 A DISTANCE OF 100 FEET, MORE OR LESS, TO TIIE POINT OF BEGINI4ING. PARCEL B A TRACT OF LAND LOCATED IN THE SW1 /4111:1./4 A1ID SE1/4NW1/4 OF SEC'I']033 12, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WII1Cli BEARS FROM THE INTERSECTION OF THE WEST 1,111E OF PARACHUTE AVENUE WT'T'11 THE NOR'T'H LINE OF THE 51/2141/2 OF SAID SECTION 12; SOU'1'll 13 DEGREES 45' EAST 1040 FEET, VARIATION 15 DEGREES EAST; THENCE NORTH 40 DEGREES 45' EAST 100 FEET; THENCE NORTH 49 DEGREES 15' WEST 330 FEET; THENCE 14ORTII 40 DEGREES 45' EAST 500 FErET '1'O TIIE WEST LINE OF PARACHUTE AVENUE; THENCE 140R'I'il 49 DEGREES 15' WEST 50 FEET; THENCE SOU'T'H 40 DEGREES 45' WEST 500 FEET; E'1'; '1'IIEIICE (NORTH 49 DEGREES 45' WEST 480 FEET THENCE SOU'1'll 40 DEGREES 45' WEST 480 FEET '1'O THE CENTER OF PARACHUTE CREEK; THENCE DOWN PARACIIII'1'E CREEK '1'O T'HE. PLACE OF BEGINNING. PARCEL C A TRACT OF (.AND LOCATED IN THE NE1/431W1/4, S1/20341/4 AND SW1/4NEI /4 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIIIED AS FOLLOWS: BEGINNING AT A POI11T WHENCE THE QUARTER CORNER COMMON TO SEC'T'IONS 1 AND I2, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTII PRINCIPAL MERIDIAN BEARS NOR'J'II 60 DEGREES 30' EAST 1111 FEET; THENCE SOU'1'II 5 DEGREES 23' WEST 784 FEET; THENCE WEST 595 FEET; THENCE SOUTH 17 DEGREES 3' WEST 173 FEET; THENCE Sc.)U'P11 49 DEGREES 5' EAST 491 FEET; 'PNEIICE SOU'T'H 9 DEGREES 1' EAST 154 FEET; THENCE SOUTH 2 DEGREES 5' WEST 765 FE1?'i'; THENCE EAST 881 FEE'('; THENCE NORTH 366 FEET; THENCE NORTH 39 DEGREES 10' WEST 423 FEET; TH1':NCI'. I1 ft3'll 41 DEGREES 0' EAS'(' 455 FEET; 'PIIENCI: SOUTH 40 DEGREES .10' EAST 480 I'EE'P; THENCE NORTH 4 ] DEGREES 56' EAST 495 FEET; THENCE NORTH 49 DEGREES 10' WEST 1.668 FEET TO THE PLACE OF BEGINNING. Garfield County Building tt. • 11/22/96 Rader Subdivision Exemption Narrative I am currently under contract to purchase a 17 acre + parcel out of an existing 80 + acre parcel owned by EXXON Corp. The conditions of contract require me to subdivide the parcel at my expense. The 17 acres will be divided in to two lots, separated by the continuation of Parchute Park Blvd The contract to purchase the 17 acres will expire as of December 31, 1996, if a preliminary approval of subdivision exemption has not been attained. I have applied and been approved for a water allotment contract for 2 acre feet of water to be used by both lots in the form of a shared well. I will apply for well permit from Colo. Water Resources as soon as I receive allotment contract. SOP, 5. 1996 4:17PMEx N MSD -PEAL. ESTATE SPUS E4eN COMPANY, U.S.A. POST OFFICE BOX 2567 • HOUSTON. TEXAS 77252.2567 MATERIALS 8 SERVICES DEPARTMENT REAL ESTATE SERVICES Mr. Mark Bean County Planner, Garfield County 109 8th Street Glenwood Springs, Colorado 81601 Dear Mr. Bean: • September 5, 1996 NO, 0225 P. 2/3 Colony Project Lands Sales Tract No. 2 - 17.28 Acres Garfield County, Colorado I am writing in regards to the subdivision exemption request being submitted by Mr. Hayden Rader affecting 81.46 acres of land currently owned by Exxon and located in Secs. 1 & 12, T7S, R96W, Garfield County, Colorado. It is Exxon's intent to sell Mr. Rader that portion of the property located south of Parachute Creek (17.28 acres). As part of our trade, Mr. Rader is responsible for obtaining County/City approval for the subdivision of the larger tract. This letter is to authorize Mr. Rader to seek approval for the subdivision exemption which will divide Exxon's 81.46 acres into the following parcels: Lot 1 - 64,18 acres Lot 2 - 11.19 acres Lot 3 - 4.77 acres A copy of the preliminary plat of the subdivision showing the lots referenced above is attached hereto. Should you have any questions, please call me at (713) 656-5423. Sincerely, 5.1/44rxed— Stephen L. Honea SLH Attachment c - Ms. Mogli Fairbanks Vicki Lee Green Realtors A DIVISION OF EXXON CORPORATION kr36'i1'1.- ('�.��! R1071'Ii-Ir. vra.uL• • • • Ll5 'Nvel?'Zr& • • f4.13• F',I teen l rano . ICWLrv: - • a • P.it fry,filmna fi; • • • .4Z 77 rf sN!7�i _ r.-7-74. ...1"� "tit i, • 7- 0: Sieve_ e61 -7/3— - 6-326' tomOyl.Tcf : ' -, f /- doa- /K s,3 • • 1 _ • • • `•LOT 'I • iposteromputit,�' Haar; no, pac£,. 'fit; ; :r;'f+s«Yc,.. ,\ \ .1.4:: • amp, .:..i.: LLS fell .• . •it jZ a ‘7,-(1,1.. ' ,. .'to : ELIM 1N. Zfo�' .iRj y�U;,; . cornV .AJ.M.'# +1?7'11•T Y, • • • T. • o• tee 20 /• • rano PI 11:44/Pid PE,elDf ,I r: � . co 'rLfcr' 42/ • P. VF itc. l7 raM./J JfaW/a✓ Yrs 6 616754 . • 'LOT 2 I:.rnaayss 4.t72.11.'' Lt. .:11,14ii;11b.7� c • --C • ,42-,• WT, • 4,77agrd9 y` r.�11I ,O0' NOY- '1.1 • rn.s114 or ARm ) PARACHU't2r PARR P.U.D. a -(,to• '01.600.no• (lett.. ]o•M'Ni' NOTES • 1. .tills sv,rbv eon • ' nee'rvlo- nt'o titln,''parch try. VW:.R1'•O rIy11r.'Or 1te1ngt:A-LeY14111 d ra9¢91r pry aro r10CIOrel. Orflertillb. rnceenu9 ,risytp-Ol-t.ly,ano,otive reamot'wicte groprety tr. Iron • Ludo earAILIIIOAC 155. -ed. by um tlmt,16c Natural TSt1e Tlryrznep Corp /GN G7„'IIUtc.V, CRLr102r 7. 199A: 9, ,Trail: 6Lf•.N, iu h rr1 tido' ebsr 0eertl"t:h%Ctl etlnt ire nrrers aria yrri 7aMlouitII -.6.•601,. chri Jct x410” err Lne J�'.1It 4t .CMI11etIni title pr:YrtptIrer•I Yh74t ' In to nnn!Irrt ill thin Lltln 1M00. Caltlntrsn nce.metten 111 tt4r..a irM,U !my m.r. Lila rt r' IteI. no II vriss'is95. C!'nl.r:r el Pelmir.14ID1 CT.& nFla•ninnn 01111..121:1: film ,yr1 1 n6t'Ip1e.;+ rroo rs: r:y km. CM 9r. r? r OPO 05 ?bL ailor Qtrn, 1n'amo l:tin d e,o Tt r''ra LII ,I.1rlry i• • �MR11 rawanttri 7 , t7+cyra• rapt •itut on kilt fit roffl 1t'tll 1, 1610 yr I'11 �u's•e'ti Retord..e of ' L,y. AUG ) mpr. Recr.phcn No.�u, a�'! kILCiRCi' ALSDORF, kLC I. f.R SrECIAL AUG 1 1980 <,,,..,I:'rkil Pi THIS SPECIAL, WARtir,•:,I ; cn ,,f (, t i •:,, or tt day of August, 1980, from ATLANTIC 11C1U ILt.t) ar'„ aY, a Penn- sylvania corporation qualified in C' torado, and 'IUSCO CCfl1'+..i}?i°•. 1r) , a Nevada corporation qualified in ce::orado, as grrtntor.e • to 1':0:1 CORPORATION, a New Jersey corporati'n qualified in Colorado, whose address is 800 Dell Street, Houceton, Tod<ro , 71001, and TOSrO COk- ` PORATION, a Nevada corporation qual i i e,d in Colorado, whose address is 10100 Santa Monica Boulevard, Lor f.ngelea, California, 90067, as grantees. WHEREAS, by mean* conveyances, T•.tlantic Pachf:.e:d Company has become the record owner of certain ,f the lands set forth and described in Exhibit A attached hare+" and by other mesne conveyances Tosco Corporation has become the.re- cord owner of the remainder of the properties 21'':t forth and described in said.Exhibitt and WHEREAS, the undivided beneficial ownership of the entire interest of the grantors in said lands is in tact owned sixty"percent (C0%) by Atlantic Richfield Company and .forty percent (40.1) by Tosco Corporation: and WHEREAS, the grantors desire by this deed to grant and' convey to grantees their respective beneficial and record title interests to the extent necessary to next .an undivided 60%';beneficial• and record title interest in the lands set forth and described in Exhibit A att,ach^d hereto in Exxon Corporation and an undivided 40% beneficial and 'record title interest, in said lands in Tosco Corpc:ation. WITNESSETH, that the grantors, for One hundred Dollars ($100.00) and other good and valuable considerations, the receipt and adequacy of which ar• acknowledgeu, has granted, -bargained, sold, conveyed and transferred, :and by these presents -does grant, bargain, sell, convey and transfer to Exxon -Corporation, its successors and assigns forever, an undivided sixty percent (60%) interest and to Tosco Corpora- tion,'its successors) and assigns forever, an undivided forty percent (401),inte:est, in and to all of the lands in Garfield County, Colorado which erenet forth and described in Exhibit A attached hereto and by this reference inccrtorstod herein as if set forth herein in full, subject only to cite exceptions and encumbrances noted therein: together with all and 3::••,lular tti f, :r proverf•nta, fixtures, personal prcp.rrty, haredita,'..�nts ,7:.1 aC�:uften anccs thereunto belonging or in anywise! '7sed in connection w:th or appertaining, and the reversion and z. versions, re.mair.iur and remainders, renta, issues and profits thereof: and all 'of the estate, right, title, interest, cic:.m and demand what- • soever, of the grantors, either in law or in eq•iity, of, in ,and to the lands covered herebyt, and together with all'watet and :eater richts, ditches -and ditch rights, res.rvoir 1n,d r»•;:orvcir rights; wells and wellsights, and springs an .t ::1 r chta cn, underlying, appurtenant to, er hiitcrl_.iii.• used in cs section with satd lands, and all easements a::.; rt:; -c-. ;;led in connection, there3wit`.. To have and to hold the sail '_.+nr::: an.? with said improve_nents, flxtt:r,!d, rerecn.,: T.oror , h'rc- ditame:nts and appurtananc_e1, unto nrant• • .t successors and aisigns forever in ,.h,. ; , sass he " set forth, suhloot howov r th to ' .•i)lve: n. e: rcr: : •.t:..e cna on - Cumbrances, exceptions and reservati "ns, my, not _. nth in any deed or conveyance by which grantors may have acquired title to said lands, and subject also to any and all mineral rights and royalties heretofore reserved or conveyed of record by parties other than grantors, all exceptions and reservations of record by all parties other than grantors, valid and subsisting easements and rights-of-way of record, and all special improvement or other statutory districts. And, except as otherwise set forth below, Atlantic .Richfield Company and Tosco Corporation, for themselves and their successors, covenant and agree to and with Exxon Corporation, its successors and assigns, to forever warrant and defend an undivided sixty percent (60%) interest in all of said lands and rights in the quiet and peaceable possession of Exxon Corporation, its successors and assigns, against .all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under Atlantic Richfield Company or Tosco Corporation, but not otherwise, except general taxes and the assessments of any governmental districts for 1980 payable in 1981, and except grazing licenses, residence and trailer park leases and easements for roadways, pipelines, and utilities which are ;of record or are in existence, and the matters, burdens, en - 'cumbrances, exceptions and reservations referred to in the 'preceding paragraph, and except general taxes and the assess- ments of any governmental districts for 1980 payable in 1981, an undivided sixty percent (60%) of which taxes and assessments shall be prorated between Atlantic Richfield Company and'Exxon Corporation as of the end of May 9, 1980. When.the extent of such taxes and assessments are known and have been paid by Exxon Corporation, Atlantic Richfield Company agrees that it will reimburse Exxon Corporation for 130/365ths thereof. As between grantors, the special warranties herein contained shall apply as to Atlantic Richfield Company for itself and its successors as to those lands described in Exhibit A attached hereto to which Atlantic Richfield Company holds a 100% record title interest and as to Tosco Corporation for itseilf and its successors as to those lands described in Exhibit A attached hereto to which Tosco Corporation holds a 100% record title interest. And, Atlantic Richfield Company, its successors and assigns, covenants and agrees to and with Tosco Corporation, its successors and assigns, as to those lands described in Exhibit A attached hereto to which Atlantic Richfield Company holds a 1001 record title interest, to forever warrant and defend an undivided forty percent (40%) of the record interest in all of said lands and rights in the quiet and peaceable possession of Tosco Corporation, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under Atlantic Richfield Company, but not otherwise, subject to the same exceptions as are stated in the preceding paragraph. With respect to the warranties of title as to the water and water rights, ditch and ditch rights, reservoir and reservior rights, wells and well rights, and springs and spring rights herein conveyed, grantor excepts therefrom any warranty dependent on application of water to a beneficial use by grantors, or dependent on diligent prosecution of a conditionally decreed water right. With respect to the water contained in or available from any portion of the subsurface of said land, this conveyance is made with no warranty of title. Nevertheless, to the .extent such warranties of title are by the preceding paragraph limited or eliminated, grantors nonetheless grant and convey to the grantees the same rights with respect to after acquired title which grantees would have received hereunder if such warranties of title had not been limited or eliminated. -2- E::ECt?TED as of the date firtit Set forth abo..i?. LA' :s C•t r e .s .. °Aa'tsta,t�t Secretary ` ! Y STATE OF COLORADO • CITY ,AND COUNTY OF DENVER ATLAN IG RICHFIELD COMPANY By ienior Vice Preeident TOSCO CCRPORATION 9yt The foregoing Special before me this 31st day of July Senior Vice President and M. K. Secretary' of Atlantic Richfield ,,0 jam; -e: f��... •Witness my hand and O* 4.4. • i r,' .utLve ire P'es:dent Si. Warranty Deed was acknowledges! , 1980, by H. E. Bond as Singletary as Assistant Company, a corporation. official seal. C _ s iC tr.� Notary Pu�ic ••c of tort ,..,' My commission expires March 21,1982. STATE OF COLORADO CITY AND COUNTY OP DENVER The forego+ng Special Warranty Deed was acknowledged before me this 31st day of July, 1980, by John Lyon as Executive Vice President and Frederick J. Salek as Assistant Secretary of Tosco Corporation, a corporation. Witness my hand and official seal. 4i4. Jtk • yr es y �- "1."31.\\' o` 1 4 Or COV. . ,r diTtry • u commission expires March 21, 1982. - 3 e fel EXHIL(I"' (Attache! t.. Ind 1 0:. , c al c rants Deed d•i : ,,c :a a . 1, Rlchf::i1 c ::oratior (Grantors, • vc. 2 r::. and ...,::o Corpora -1.:7! A. Staging Area 1. COLONY 9039 Parcel "A": P. parcel of land situated in Lots 2 and 3 of Section 7, and in Lots 6, 9 and 10 of Section 6 and :i the SEtISW4 and the NW4;E4 of Section 6 all in Township 7 South, ''anne 95 West of the Sixth Principal Meridian, described as follows: Beginning at the Section Corner common to Secelens•1, 6,, 7, and 12 in Township 7 South, "range 95 and 96 West of the Sixth Principal Meridian, ther._e North 89°42'05" East 238.53. feet along the Southerly line •.f said erection 6 being the same as the Northerly line cf laid Section 7 to a point on the centerline of the Wilcox C'.na1; the.ce along said centar- line North 09°37'17" East 191.69 feet; thence North 3Q°30' 54" East 318.41 feet; thence :;orth 08°05'45" East 87.00 feet; thence :forth 10°55'08" ::est 253.35 feet; thence North 22°59' 01" East 106.40 feet; thence North 39°00'47" East 1045.65 feet; thence North 02°35'01" West 138.46 feet; thence North 24° 58'54" West 133.55 feet; thence North 17°34'15" East 149.40 feet; thence North 31°08'39" East 153.88 feet: thence North 17°04'21" East •377.41 feet to a point on the East-West centerline of said Section 6; thence • South 88°21'55" East along said centerline of said Section.' 6, 27.65 feet to the Northeast Ccrner of said Lot 6; thence South 00'15'28" East along the C.lster.ly line of said Lot 6, 1309.51 feet to the Southeast: Corner of said Lot 67 thence South 89°17'40" East along the Northerly line of said SEiSW+, 1323.78 feet to the Northeast Corner of said SE4SW4 being' the same as the Southwest :orner of said NW4SEtt; thence North 0(1°30'30" West alon-, th Westerly line of said NASE4 1288.23 fee.» to the center of s,zid Section 6 being the same as the Northwest Corner cf. said SEt ; thence South 88°21' 30" East along the Northerly lice of said ;:WiSE4, 1233.02 feet to the Northeast Coria r of :;..aid ;;W4SEil thence South 01'23'06" East alar:: the ...:3ter1}' line of said NW4SE4, 147.78 feet to a point on the Northwesterly right-of-way line of U.S. Highway No. 6 and 24; thence along said. right- of-way line, 553.64 feet along the ere of a curve to the left, havir:, a radius cf 2015.3e feet,the chord of which bears: So.:th 32°21'33" West 556.85 feet; thence South 40°18'00" a.st 294:8.13 feet; thence 772.10 feet along the. arc of a curve to the ri•tht, having a radius of 2769.19 feet, the ehord of which bears: South 48° 17'15" West 769.60 feet; thence South ee°16'30" West 136.56 feet; thence leaving said hiehway r.lht-ef-wee North 83°08' 00" West 169.63 feet; _ en:7o North 62"41'00" West 82.30 feet; thence North 62°10'04" eest 134.80 feet; thence South 34°55'00" West 62.43 feet; thence 'forth 75°30'00" West 404.33 feet to. a point on tee Westerly line of said Section 7; thence North 00°44'00" w0,4 ,il:ne the Wester]e lir.e of said Section 7, 609.06 feet to the ; ni.i `.,ction Corner cr:,rrncn to Sections 1, 6, 7 and 12, the point c' be-rir;:;ing. The ebo.ve-described parcel of land cceteinin7 10A.34 ecr es, more or less. c , rcel "B": A parcel of land situated in . ee 'a;kFCy and in Lots 8 and 9, all in Stiction 6, Townehip 7 2 uth, P.ry ) 5 West .. the Sixth 411 • ricE Principal Meridian, lying Northwesterly of the centerline of the Colorado River and Southeasterly of the Southeasterly right-of- way line of the Denver and Rio Grande Western Railroad, described as follows: Beginning at a point on the Southeasterly right-of-way line of said railroad whence the Quarter Corner common to Sec- tionp 6 and 7 in said township and range bears: South 19°36'53" West 949.13 feet; thence North 40°18'00" East 821.83 feet along the Southeasterly right-of-way line of said railroad; thence 592.74 feet along the arc of curve to the right, having a radius of 3083.62 feet, the chord of which bears: North 45°48'25" East 591.82 feet to a point on the Easterly line of said NWItSE4; thence South 01°23'06" East along the Easterly line of said NASE4, 691.33 feet to the Southeast Corner of said NWiSE: being the same as the Northwest Corner of said Lot 8; thence South 87°59'20" east along the Northerly line of said Lot 8, 687.62 feet to a point in the center of said river; thence South 57°24'00" West 57.17 feet along the center of said river; thence South 52°06'00" West 462.00 feet along the center of said river; thence South 40°28'00" West 398.99 feet along the center of said river; thence South 29°37'13" West 420.94 feet along the center of said river; thence North 49°46'00" West 1021.82 feet to a point on the Southeasterly right-of-way line of said railroad, the point of beginning. The above described parcel of land contains 25.06 acres, more or less. Parcel "C": A parcel of land situated in Lot 2 of Section 7 and within the Meander Lines of the Colorado River in said Section 7, also in the SE4SW4 of Section 6 and in Lot 9 of Section 6 all in Township 7 South, Range 95 West of the Sixth Principal Meridian, lying • Southeasterly of the Southeasterly right-of-way line of the Denver and Rio Grande Western Railroad and Northwesterly of the centerline of the Colorado River, described as follows: Beginning at a point on the Southeasterly right-of-way line of said railroad whence the Quarter Corner common to Sec- tions 6 and 7 in said township and range bears: South 15°29'18" East 405.41 feet; thence South 49°46'00" East 1105.38 feet to a point in the center of said river; thence South 36°10'00" West 169.14 feet along the center of said river; thence South 49°00'00" West 707.28 feet along the center of said river; thence South 19°00'03" West 393.97 feet along the center of said river; thence South 78°50'00" West 453.72 feet along the center of said river; thence North 18°55'00" East 226.67 feet; thence North 75°30'00" West 875.68 feet to a point on the Southeasterly right-of- way line of said railroad; thence North 40°18'00" East 1758.59 feet along the Southeasterly right-of-way line of said railroad to the point of beginning. The above described parcel of land contains 38.16 acres, more or less. Excepting, however, from Parcel "C" the following: (1) A parcel of land situated in Lot 9 of Section 6, and in the SE4Sw14 of Section 6, also in Lot 2 of Section 7, and in the Ntl of Section 7, all in Township 7 South, Range 95 West of the Sixth Principal Meridian, lying Northwesterly of a sub -channel of the Colorado River, said parcel of land being described as follows: Beginning at a point whence the Quarter Corner common to said Sections 6 and 7 bears: South 01°13'08" West 293.87 feet; t.henca South 49°46'00" East 955.38 f=•,t to a point in the center of said river; thence Scuth 16'10'00" west 169.14 feet along the center of ;.:id river; thence South 49°00'00" West 475.00 fret along the center of -2- • • • (it) said ri'; r; tin r':e Lth 49°46'00" West 895.72 feet; thence a::th 4U'19'0O' East 638.17 feet to the point •:ontaining 13.76 acres, more or less. (2) The right of ingress and tress over, under and through and across a strip or land being 150 feet in width and 638.17 feet in length ly :ig southeast o° and parallel *to the :Denver and Rio ;r:rode Western Railroad, being more fully described as follows: A parcel of land situated in Lot 9 of Section 6, and in the SE1/4SW4 of Section 6, also in Lot 2 of Section 7, all in Township 7 South, Range 95 West of the Sixth Principal Meridian, lying Southeasterly of the South- easterly right-of-way line of the Denver and Rio Grande Western Railroad, said parcel of land being described as follows: Beginning at a point on the Southeasterly right- of-way line of said railroad whence the Quarter Corner c,:mmon to said Sections 6 and 7 bears: South 15'29'19" East 405.41 feet; thence South 49°45'00" East 150.00 feet; thence South 40°18'00" West 638.17 feet; thence North 49°46'00" West 150.00 feet to a point en the Southeasterly right- of-way line of said railroad; thence North 40° 18'00" East along the Southeasterly right-of-way line of said railroad, 638.17 feet to the point of beginning; containing 2.20 acres, more or less. Parcel "D": A parcel of land situated in Lots 3 and 4 of Section 7, Township 7 South, Range 95 We•,t of the Sixth Principal Meridian, also in the SE1/4NEls of Section 12 in Township 7 South, Range 96 West of the Sixth Principal Meridian, lying Southeasterly of the South- easterly out -easterly right-cf-way line of U.S. Highway No. 6 and 24, and Northwesterly of the Northwesterly right-of-way line �f the Denver and Rio Grande Western Railroad, described as follows: Beginning at a point on the Southeasterly right-of-way line of said hi7hwa :aid point being on the Northwesterly righc- of-way line of said railroad whence the Section korner common to e.: 1 ns 1, 6, 7 and 12 in Township 7 South, Range 95 and 96 W.''t. of the Sixth Principal Meridian bears: North 56'1S'21" West 1539.46 feet; thence South 40°18'00" West 1730.06 feet ,Long; ;he Northwesterly right-of-way line of said railrca•;; thence North 72'55'00" West 230.54 feet to a point on the Southeasterly right-of-way line of a County Road as ccnsr.ructed and in place; thence North 17°05'00" East ;1.65 along the Southeasterly right-of-way line of sari C.• !1; 'hence -:orth 39°50'30" East 18.47 feet t r1: right-of-way line of said hilhwie: ,th 4) .t 30" East 60.12 feet along the ' -d.r line of said highway; thence rt: ;t 23.1, feet along the Southeasterly • . ;ht -of ., n.' f said hi ;hoa. ; thence 793.04 feet along arc r to th right having a radius of 2764.98 t.,et, the •.;;c. 1 of which bears: North 48°03'30" East 790.32 feet; th' c.' :north 56°16'3U" East 376.63 feet along the Southcast..rly right-of-way line of said highway; thence North 80'05'30" East 218.04 feet along the Southeasterly right-of-way line of said highway to a point on the North- westerly right-of-way line of said railroad, the point of beginning. The above described parcel of land contains 11.01 acres, more or less. farce i "E" A parcel of land situated in Lot 3 of Section 7, Township 7 South, Range 95 West of the Sixth Principal Meridian, lying -3- • • r,' 61 eeet::•: asterly of tee Soethecer er ly r; .' t -or -way line of a County Road as constructed and :n pia:e •m,: ::•:rthwee terly of the North- westerly right-cf-way line of e.e. i.. ::.way ::o. 6 and 24, described as follows: Beginning at a point on the Soet.'.' .rsterly right-of-way line of said County Puad 3aid :.(u.t .ry -,, th'.' Northwesterly right-of-way line of sail ';i :he .her;r.:e ._ Section Corner common to Sections 1, 6, 7 '-;d 1. in :ownship 7 South, Range 95 and 96 West of the Sixth Principal Meridian bears: North 08°00'39" West 1123.81 feet; twr:cr' north 18°35'00" East 553.10 feet along the Southeast -fly right-of-way line of said County P.oaci; thence Scuth '4'28'00" East 368.57 feet to a point on the Northwesterly rieet-of-way line of said highway; thence South 56°16'30" West 90.07 feet along the Northwesterly right-of-way line ef said highway; thence 592.08 feet along the arc of a curve -to the left, having a radius of 2964.98 feet, the chord of which bears: South 50°33'15" West 591.08 feet to a point on the Southeasterly right-of-way line of said Count.; Road, the point of begin- ning. The above described parcel of land contains 2.14 acres, more or less. 2. COLONY 9040 Parcel "A": A tract of land situated in the NEkNE► of Section 12, Township 7 South, Range 96 West, Sixth Principal Meridian, being more fully described as follows: Beginning at a point on the North line of said Section 12, whence the Northeast corner of said Section 12 bears North 89°28' East 330.0 feet; thence South 0°07' East 332.88 feet; thence South 0°09' West 996.72 feet to a point on the North line of Second Street in the Town of Grand Valley, 'Colorado; thence North 89'31' (Jest 25 feet along the North line of said Second Street; thence North.0°09' East 470 feet; thence North 89°51' West 609.0 feet; thnce North 1'18' West 852.06 feet to a point on the North 1i:;•- of said Section 12; thence North 89°28' Cast 654.0 feet a1,_r3 the :+orth line of said Section 1. to the point of be:irr.ing, containing 12.89 acres, more or less. Parcel "3": That parcel of land including Murray Lane, lying East of the East line of Grand ';iew Addition No. 1 to the Town of Grand Valley, Colorado and of Parcel "A" Described above. 3: COLONY 9014 Parcel "A". A parcel of land situated in the Lot 3 of Section 7, Township 7 South, Range 95 West of the Sixth Principal eeridian, lying Westerly of the Westerly right-of-way line of a County Road -as constructed and in glace, said parc••1 of land being described as follows: Beginning at a point, whence a rock corner found in place ani properly mar?•.•.:: for the West euarter Corner of said Section 7 'beers S_uth 1 West 1515.07 feet; thence. North 76'25' West 59.40 1: to a point on the Westerly line of said Section 7; thence N.rr.h 0°44' West 535.47 feet along the Westerly line of said S. .c:. thence South 75°30' East 192.10 feet; thence ee :'Ir 155'53' West 138.41 feet; thence Scuth 73°:55' East 130.70 feet to a point on the Westerly richt-_. 1. ,t: sae.: douflty Road; thence South 18°35' West 179.59 feet el -no the • •surly right-of-way line of said county "cad; there 'i,rth 71°31'34" Wast 115.62 feet; thence South 10'29' I:" .•' st 1.2.1. . feet to the point of beginnir:';, crntaining 1 ) acrest more or less. Parcel "B" The East ten acres of the NE'INEh of Section 12, Range 96 West of the Sixth Principal Meridian. Excepting, however, the following: A tract described as follows: Beginning at a point on the North boundary of said Section 12, 174 feet West of the Northeast corner of said Section 12; thence West along said North boundary 156 feet to the West boundary of said ten acres; thence South along said west boundary 784 feet; thence East 156 feet; thence North 784 feet; to the place of beginning, containing 2.81 acres, more or less, together with a proportionate chare of all ditch and water right appertaining to the land. The tract conveyed herein contains 7.19 acres, more or less. Township 7 South, 4. COLONY 9045 A tract of land in the East ten acres of the NEkNEk of Section 12, Township 7 South, Range 96 West of the Sixth Principal meridian, more particularly described ,,s follows: Beginning at a point on the North boundary of said Section 12, 174 feet West of the Northeast corner of said Section 12; thence gest along said North boundary 156 feet to the West boundary of said ten acres; thence South along said West boundary 794 feet; thence East 156 feet; thence North 784 feet to the place of beginning; containing 2.81 acres, more or less; EXCEPT a tract of land described as beginnthg at a point whence the Northeast corner of said Section 12 bears North 61°51' East 232.34 feet; thence South 61°51' East 35.17 feet; thence South 114.18 feet; thence :forth 61°51' West 88.62 feet; thence -North 28°09' East 100.0 feet to the point of beginning, containing .129 acres, more or less. 5. COLONY 9045 A tract of land situated in Lot 3 of Section 7, Township 7 South, Range 95 West of the Sixth Principal Meridian, described as follows: Beginning at a coint whence the West Quarter Corner of said Section 7 bears South 3°22' West 1835.67 feet; thence North 15°53' East 93.25 feet; thence South 74°27' East 135.23 feet to Westerly line of U.S. Highway No. 24, as it existed on May 14, 1952; thence South 19°35' gest 94.62 feet along Westerly line of U.S. Highway No. 24; thence North 73°55' West 130.79 fee to point of beginning, containing .28 acres, more or less. 6. COLCNY 9047 Parcel "?": A tract of land located in the SEkNWk of Section 12, Township. 7 South, Range 96 Nest, Sixth Principal Meridian, described as follows: Beginning at the Southeast Corner of the SE;NWt of said Section 12; thence West along the South line of said SE4:W4 a distance cf 450 feet; thence North J, feet to the center of Parachute Cre-A ; thence ir. a Southeasterly direction along the centerline of Parachute Creek to the East line of the said SE4NWil of Section 12; thence South along the East line of said SE;`iW4 a distance of 100 feet, more or less, to the point of beginning, containing 2.21 acres, more or lass. - 5 - • Par:el "3" A tract of land 1.._at_ 1 i.. the SWk' E`. Township 7 South, ...ng., ?,; described as follows: Beginning at 3 point whi-`•, be.+:_, f:.:m the intersection of the hes` line cf Parachete Avee :e with the North line of the S1/2N11of�said 3ectien 12; SDuth L3'43' cast 1740 feet, vari- ation 15° East; thence Ncrth 47'45' East 100 feet; thence North 49°15' West 330 feet; thencs North 40°45' East 500 feet to the West line of Parachute Avenue; thence North 49°15' West 50 feet; thence South 40°45' West 500 feet; thence North 49°45' 'lest 490 feet; thence South 40°45' West 480 feet to the denter of Parachute Creek; thence down Para- chute Creek to the place cf beginning, containing 9 acres, more or less. ni SE,5.NIWk of Section 12, Principal ``.er:dian, ?a.ecel "C": Township 7 South, Range 96 West, Sixth Principal Meridian, Sec- tion 1: SEkSWk; Section 12: All that part of the NE4NW4 situ- ate, lying and being Northetly of the Northeasterly right-of-way line of the County Road, as new in place and constructed, con- taining 63.049 acres, more cr less. Parcel "T": A tract of land located in the NEkN101, 5 N41/4 and SW1INEk of Sec- tion 12, Township 7 South, Range 96 'vest, Sixth Principal ::eridian, described as follows: Beginning at a point whence the Quarter Corner common to • Sections 1 and 12, Township 7 South, Range 96 West, Sixth Principal Meri:ian "_ears :forth 50'30' East 1111 feet; thence South 5'23' West 734 feet; thence West 595 feet; thence South 17°3' ilea. 173 feet; thence South 49°5' East 491 feet; thence South 9'3' East 134 feet; thence South 2°5' West 765 feet; thence East 331 feet; thence North 353 feet; thence North 39'10' West 423 feet; thence North 41°0' East 455 feet; thence South 43'40' East 43') feet; thence North 41°56' East 495 thence North 49°10' West 1668 feet to the place cf beeinning, eon-aining 43.49 acres, more or less. 7. COLCNY 9050 That portion of :. t 3 of Section 7, Township 7 South, Range 95 West, .i.xtz Prinpal Meridian, described as follows: Beginni ; at a point whence the West Quarter Corner of said Section 7 bears South 3'22' West 1335.67 feet; thence North • 15°53' -est 133.41 feet; thence South 75°30' East 139.90 feet to the we early line of U.S. Highway No. 24; thence South 13'35' West 192.46 feet along the Westerly line of U.S. Hiwa•, Nr. 24 thence North 73°55' West 130.79 feet to the point o.` becinnieg, containing .58 acre, more or less. Excepting, heweeer, the following: A tract described as: Beginning at a point whence the west Quarter Corner of said Section 7 bears South 3°22' West 1335.67 feet; thence :North 15'53' East 93.25 feet; thence South 74°27' East 133.23 feet to the westerly line of U.S. Highway No. 24; thence South 13°35' West 94.52 feet along Westerly line of U.S. Highway No. 24; thence Ncrth 73°55' west 130.79 feet to the point of beginning, containing .28 acre more or less. -6- 6. C^:CNY 9055 The wh of the fol_cwi ng All that oar_ -f the 'ship ' South, Rance 95 rest .,1. ::, 4es:.rize:i as follows: • Beginning at a point on west 1_ne f said SE4 45a feet from one er of sail SCk: thence running S^ _th sail land to said S'e'a; thence Zest to the Southwest __..:et it SE ':E4 of sa_d Section ' thence 751 f_et Cast on tht .one sf one SE:SV:, thence North. 351 feet: _hence • Ely tr one point of beginning. 9. COLONY 9069 Parcel "A“: A parcel of land located in the Sa,;S' 4 of Section 1 and the NWk NA of Section 12, Township 7 3cu'.h, =3nge 96 West, Sixth Prin• - cipal Meridian, described as fO11:ws: baginning at the Southeast _......r of the ,7w `;N:•7k of Sectizn :2; thence Nor_.. along ..._ Z3.3 Line of sa.'. .:7s;:,w1/4 to the County Road running :rm the lee*.. in the town of Grand Valley to the forks of P,1racr'. :reek; thence Northwesterly along and following the :•;est•?rly line of said road to Swartz Brothers Boulevard; thenco Scut^ along and fcl:owing the Easterly line of said Boulevard :o the center of Parachute Creek: .thence down the center of said creek to the inter- section thereof with the South loundary lire of said-:7WiNW1/4; thence ru'ni'c east to the place of beginning, con airing 20 acres, more cr leas. Excepting, however, from Parcel "ter' !he following: That certain tract of land ccnve'•ed t..3 asie E. Linde ler by deed• recorded in dock 2:. 7 a t p.i ge 246, 4• y : : •ad as .follows; Eeginninc at ', rr,,.,t which tea: .th 54° East 4” foot from the North. .!: _ Corner _ 12; thence North 32• 30' East 33.7 fact; thence ...uti '55' East 217 feet: • thence North 7111V };nest 241 f... the point of beglnninq) • and also, :hat ?art thereof .ea .1-0A as ba'?:nning at a - point i.. the utnwest _ ly lira Cf• the.Coun:y Road whence the 2:tion :o: ar :n to Sections 1, 2, 11 and 12 ters S.•ut.. 7,74i' ,past i.. ',et: thence South 50' • East ..5J feet; thence South 3 7 ° ,a,. ;`. a,',, feet to Parachute' Creek (or to the tessio E. :.in,?.lu• 1l::") ; thence North 57'44' .:est 9S .'.let to th rt ter :1:'.o of :he' lane; thence North 55'30' .:alt 73 f� t ‘1 . nerl f Line of lames thence Worth 7''30.:ast. 1 1.• n. .. eth line of lane; thence North 1" East wiz e'. .;1 • s.;•.itherly line of lane to place oe :egl.:n.ng• Parcel ".3"; Part th(1 NEIINWL3 of _.,,:.'ion .:rr :ia 7 act..th, Range 96 's`., ner.a1n, 4e:. Beg: n:,i.^.g .l: ' cedar • 0 1,11 a-.,...rw...sa+.er+p..+r•n'�w,ewr .owap4 arlwavl#'1RMM.I.«:y 'Jr; • kr._, l ••1th' e, t aide of the- - he- r,:ears ._._.. t;^,q Par -e1 '" Townsh_o 7 South, Pae 96 W.st, Sixth Principal Meridian Section 12: 10. CC:CNY 9072 Township 7• South. Sectior. 12: NW4NEk Range 96 'Aust, Sixth Principal neridian W4W►INE4NE4, excepting therefrom the south 473 feet and the west 20 feet. 7imu.`2: . e :t er! ri 1,., 1. C..)LON The fcl. wi.^.;, 1... i reel property situated in the town sf :.;:and Valley,county of Garfield, State of Colorado, to-wit: Lots 13, 14, 15 and 1• of Block 6 of the Town of Grand Valley. 2. COLONY 9C16 Part of the NW/4 NW/4 of Section 8, Township 7 South, Range 95 west of the 6th P.M., described as beginning at a point on North line of County Road whence W/4 corner Section 7, Township 7 South, Range 95 West bears South 75 degrees, 26 minutes, West 5,390 feet; thence North 0 degrees, 44 minutes, West 745 feet; thence South 89 degrees, 18 minutes, East 745 feet; thence South 0 degrees, 44 minutes, East 745 feet to North line of County Road; thence North 89 degrees 18 minutes, west 745 feet along North line of County Road to point of beginning, containing 12.74 acres, more or less. 3. COLONY 9037 The following descrihed land, situate, lying and being in the County of Garfield and State of Colo- rado, to -wit: Lots 6 Ind 7 of Section 7, T. 7 S., R. 95 W. of the 6th P.>:., ecept: a. '7!it ; •rttan h••rettofore conveyed to John 0. tett • by W4:. int: reed Hated July 15, 1946, ►;:d r. lorded In th.• :ecordu of Garfield County, olot tdo, an l: r:u: • ::t No. 158075 in Book 218 At Page 280; nn4 b. That portion heretofore conveyed to Mary Williams by Warranty D'"i dated March 18, 1959, and recorded tn.,: records of J*rfield County, Colorado, as um.ant No. 215421 in Book 317 at page 297. •, Jr.•with Fifty-one iercent (51%) of all minerals oil and gas within or upon this property. • 1h' following detcribel :and, situate, lying and toi;t in the County of !.airfield and State of Colo.. r ado, to-wlt : R :r: J.l 95 W#::.;t, 6th P.M. St• -:t. .,n ! r3: SW/4 NE/4 Cont tin,.ng 40.00 acre's, more or leas -1- 5. COLGN? 9051 The following des : it' ' '.Ind. -itJate, lying and being in the County of ,..,it:field and State of Colo- rado, to -wit: • Township 7 South, Pange =5 Wet, 6th Y.M. Tract 1: Section 5: That portion of the SWt:E; described as beginning at the southwest corner of said SW;15E/; then north 2°33' east a flstance of 466.0 feet; then north 60°30' east a distance of 830.0 feet; then south 87°3'i' east a distance of 6:.2.12 feet more or less to the east line of the said SW1/2SE1/4; then in a southerly .iirecticr: a1o:: r said east line to its )unc- tion with .'.e south 1:n'• of toe S'w,ASE't; then in a westerly i:recticn :south 1,r.e to the south- west corner• or . a: 1 S"'%. ,. i, to tae pont of begin- ning, subject to ..5 it r:. eyance dated May 4, 1961, from James H. Smith. .,r. to Public Service Company of Colorado. recorded may 25, 1961, In BOOK 334, at Page 142, and re-recot ie: f June 6, 1961 In Book 334, at p.,ge 324, recoils of '_;-:rfield County, Colorado, covering lands in .;ection!: 5 and 8 of Township 7 South, Range 95 West, 6th P.M., Garfield County, Colorado. Tract 2: Section 6: Lot 11. Tract 3: Section 7: NEkaNE4 Tract 4: Section 8: NW',Nwkl except that portion described as beginn_ng at a point on the north line of County Road from which the west quarter corner of Se :tion 7, Township 7 South, Ranme'95 West, 6th P.M. bears south 75'_ tY west a distance of 5,390 feet; then north 0°44' west 1 d13tftnoe of 745 feet; than south 89°18' east :a dre'ancer' tt 745 feet; thence south 0• 44' east 1 distancu of :';'J feet to the north line of Co:tnt'.' !toad; t.h!:nriot ' 5 w)"13' West a distance of 745 f'• -t along tt.» r .: t..h lino of County Road to the pou:'- of beginning. Tract 5: Section r:'>1W'1, r{ubje :t. to that conveyance dated May 4, 1''' 1, from Omen It, Smith, Jr. to Public Ser- vice Corpany o f .:a 1 rade r,., -u: de+d May 25, 1961 in • Book 324 , e t' 24.!, an,i r'• -recorded June 6, 1961, in Book .'24 At '. ,qo 3;14. : r,ccrda of Cetrfield County, :" .'e' -r Ing land:: In Soction3 5 and 8 or Townaaip 7 South, Range West, 6th P.M., Garfield County, ...laradu. Tract 6: Section +3: That portion of the NEy lying went of the center line of the presently ex;sLing road trr1verslr.: the aal,1 NL, In a not':h; r,nuth direction approx:mae••ly t.l,rcu.;h the center of the said NW . Conta::,ln ; 275 acres, rent'' or lase. 6. The fol low;nq .e :;c t ibr•i , •nd, ,;I:uate, lying ar,d being In !ne County of o o field and State of Colo- rado, t:I-wl':. -2- ):1 P!:` ( S Township 7 South, Range 95 West, 6th P.M. Section 17: NW;NEi, N}ySWyNE1.1 Containing 60 acres, mote or less. • 7.COLONY 9053 The following described land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Township 7 South, Range 95 West, 6th P.M. TRACT I Section 5: N/2 SE/4, containing 80.00 acres. N/2 NE/4 SE/4 SE/4, containing 5.00 acres. All that part of the SW/4 SE/4 lying north of a line described as beginning at a point 466 feet north of the southwest corner of said SW/4 SE/4, thence north 60°30' east 830 feet, thence south 87°30' east 694 feet, containing 17.73 ecres. Lot 11, containing 39.50 acres. SE/4 SW/4, containing 40.00 acre►. Lot 8, containing 41.72 acres. Lot 9, containing 14.88 acres. Total acreage in Tract 1 being 238.83 acres. TRACT II Section 7: Lot 1, containing 25 acres. SE/4 NE/4, containing 40 acres. S/2 SE/4, containing 80.00 acres. Total acreage in Tract II being 145.00 acres. TRACT III Section 18: NE/4 NW/4, containing 40.00 acres. Section 7: Lot 10, containing 32.00 acres. A11 that part of the SE/4 SW/4 and NE/4 SW/4 of Section 7, except Lot 10, lying within the follow- ing described land: Beginning at the southwest corner of the NE/4 NW/4, Section 18, Township 7 South, Range 95 West of the 6th P.M.; thence North a distance of 89 feet, thence North 31°05' East a distance of 475 feet; thence North 0°09' West a distance of 290 feet; thence North 19°26' East a distance of 568 feet.; thence North 2°49' East a distance of 274 feet; thence North 18°55' East a distance of 1108.5 feet;thence North 1°00' East -3- a distance of 433.5 .et. thence North 8°50' East a dist.ar.:e ,t 247 fee's. ^nce North 2026' East a dista:.:e .t 100.2 :: t-" :e South E2'46' East a distance ct 4Jn.2 fe,!t; thence South to the • southeast corner of he til' Went/of Section ion 18, Township7 South, F a::a .M.; and thence 'west to the point of beginning. Con- taining 5.'.:5 acres. Total acreage in Tract III being 77.25 acres. TRACT IV Sec'.:on d: W, 2 SW, 4 containing 80 acres. NE/4 S•w/4, containing 40.00 acres. SW/4 SE/4, containing 38.24 acres. Sw/4 NW/4, containing 40.00 acres. Total acreage to Tract Iv being 198.24 acres. TRACT V Section 16. SW 4 sW,4, containing 40.00 acres. Total acreage in Tract V being 40.00 acres. TFA.CT :: St,:ti:,n 17: N/2 SE/4, containing 80 acres. SE.:4 nE,4, containing 40.00 acres. E,-2 ;;w 1 SE/4, containing 20 acres. NF.1 1, c,•ntaining 40.00 acres. �� 1�w •i ; r; 1, cc:ntaininq 20.00 acres. • W 74;1 NE/4, containing 20.00 ACres. N/7 NW/4, containing 80.00 acres. E, 4 NW/1, containing 40.00 acres. ;w'4 *tw,4 (except a parcel of land in SW/4 NW/4 of c.•, ,.t- n i' :`)wnlhip 7 South, Range 95 West des- cr.!-,f1 es- ;r.:-4 1 ,a ; bele nr.:nq it the quarter corner between Sec:t:.:rts 17 and 18, thence north 20 feet; thence ease. ;, feet to a new corner; thence north 14 rods; t ,• rrc ',sort 23 rods; thence south 14 rods; thence •a,. ;t .'3 rods to the true point of beginning, such ex'.V ed parcel containing 2.012 acres) containing Tota: acreage in Tract VI being 377.988 acres. -4- i !";: 70 - • TRACT VII Section 18: N/2 ^1E;4, containing 80.00 acres. NE/4 Sw/4, containing 40.00 ict-s. NW/4 SE/4, containing 40.00 ,acres. N/2 NE/4 SE/4, contatin:e J 20.90 accea. SW/4 NE/4 SE,4, conta,n.ng 10.00 acres. W/2 SE/4 NE/4 SE/1, containing 5.00 acres. SE/4 NW/4 (except that prt lying north and west of the county road, said exception being mors particu- larly described as te41:.nino 3t a point :87.9 feet north of the, southwest-:-orner of the said SZ/4 NW/4, thence north 28'19' ttas,. 106.2 .':eels; thence north 26°49' east 273.4 feet; thence North 20°44' east 416.2 feet; thence north 39°14' east 376.9 feet; thence north 73"33' east:. 138.9 feet; thence north 32°13' east 46.8 feet; thence north 87°04'45" west 669.78 feet to the northwest corner of said SE/4 NW/4; thence south 1131.56 feet to the point of beginning) containing 35.00 acres. Total acreage in Tract 'vII being 230.00 acres. TRACT VIII Section ". All that part of the NE/4 Sir/4 of Sec-• tion ^ y ,r:'i north of the county road right of way, said north •in,i est it lint of said county road right of way bt'.r.7 .e::3cr>,red 14 commencing At a point on the wast. lir, of tt.t:.! N! { SE:4, which ;point bears south 02°36.5' west '.aF, t ft•rt from the northwest . corner of 631,1 NE:4 5F; 1: thence nouth 75°07' oast 196 feet: thence nrn,:.h (.5 03' east 92.8 feats thence south 51'12' east 0'.0 feet, thence south 32°41' east 56.7 feet; thenr-te 3•,utIl 14°44' ea> t 63.6 feet thence t: t ;t E! .)3411 .•.tnt 116 1 f."tt; thence eolith 07°17' w".,: ;.Sa .'' i.•tt r ,.ti ., F,,,ut.h 03"27' went 124.8 ft•• ' Il.'t;,-,. : I. 1' . •.,e!0: 10 . 4 feet to the sou'...'. .;:.e et Al ;II 4 ;;E:4. lhd except that dc. 1 . t r: ..,, ; ,l t. th.t n, rt:,w.evt corner cf the 1 ..C,4 • ' n ' tnt•: .' wc! t tt,i!. l'... '5°07' ealit 1t16 fret; thence :! !� S t .i . t '. 2 . " feet; t 11en,*e flue tJl e.1A: 12... feet thence north 95°4.1' east 201 feet; tc•tic' nor' 1 i)2"Je.5' east 050 feet; thence r:..rt`l 85044' '+ :t 409•.1 Cert to the point of beg.::n:., r, ,ut ,t; l:: r,) 19re u , more, or less. Total :+cart;; at' in Tract VII: b !i ng 26.834 acres. Township 7 South, Range 96 west, 6th P.M. TRACT IX Section 11: E/2 SE/4, containing 80.00 acres. Section 12: W/2 SW/4,' containing 80.00 acres. • Total acreage in tract IX being 160.00 acres. TRACT X Section 12: A plot of ground 100 feet in length by 25 feet in width located in Block 1 in Hurlburt's Addition No. 1 to the Town of Grand Valley, Colorado in Section 12, Township 7 South, Range 96 West, 6th P.M. and described as beginning at a point on the East line of Said Block 1, 139.5 feet North of the Southeast corner of said Block 1, thence West 100 feet to the West line of said Block, th^nce North along the West line of said Block 25 feet; thence East 100 feet to the East line of said Block, thence South 25 feet to the place of beginning. A plot of ground in Block 1 in Hurlburt's Addition No. 1 to the Grand Valley townsite, being in the NE/4 sE/4 of Section 12, Township 7 South, Range 96 West, 6th P.M., described as beginning at a point 77.5 feet running Southeasterly along the line of street from the Northeast corner of said Block 1; thence Southeasterly along line of street 26 feet; thence Southwesterly at right angles 100 feet; thence Northwesterly at right angles 26 feet; thence Northeasterly at right angles 100 feet to the place of beginning. A plot of ground in Block 1 of Hurlburt's Addition No. 1 to Crand Valley, Colorado, being 25 feet wide and 100 feet long, and described as beginning at a point 52.5 feet running Southeasterly along the line of street from the Northeast corner of said Block 1; thence Southeasterly along line of street 25 feet; thence Southwesterly at right angles 100 feet; thence Northwesterly at right angles 25 fent; thence Nort:.easterly at right angles 100 feet to the place of beginning. A plot of ground in Block 1 of Hurlburt's Addition No. 1 to Grand Valley, Colorado, being 2.5 feet wide and 100 feet long, and described as beginning at a point 50 feet running Southeasterly along the line of street from the Northeast corner of said Block 1; thence Southeasterly along line of street 2.5 feet; thence southwesterly at right angles 100 feet; thence Northwesterly at right angles 2.5 feet: thence North- easterly at right angles 100 feet to the place of beginning. Total acreage i.n Trr.ct X being .18 acres. 8. COLONY 9071 The following described land, situate, lying and being in the County of Garfield. and State of Colorado, to -wits - 6 - Batt:ement Mesa E nn -L 11 1'ropertY Description PARCEL I Township 7 South, Range 05 wi_r5t 6th P.M. (Clarke and Jenny Lands) Section 19: Lot 1, Lot 2, Lot 3, W/2 NE/4, E/2 NW/4, E,'2 SW/4, w/2 SE/4 Section 30• Lot 4, Lot 5, Lot 7, Lot 8, SW/4 NE/4, SE/4 Nw/4, NE/4 SW/4 Township 7 South, Range 96 West, 6th P.M. Section 24: Lot 1, E/2 NE/4, SW/4 NE/4, NE/4 SW/4, N/2 SE, 4 Containing 977.96 acres, more or less. FARCEL II Town:;h:p 7 3cu:h, ria lge 95 west, , 6th P.M. (:ucker Lands) Section 18: Lot 4, Lot. 5 Township 7 South, Range 96 West 6th P.M. Section 13: Lot 6, Lot 7, Lot 14 Containing 145.40 acres, more or less. PARCEL III Township 7 South, Range 95 West, 6th P.M. (Mcr ro:r Lands) Section 17: W/2 SW/4 SW/4 (mineral ownership only 20 acres) Sectio 1c+! SE/4 1;W/4, SW/4 SE/4 (SE/4 SE/4 (sine• r•1 ownership only - 40 acres) c-nntl,r:'.ry 110 ,n.•tes, wart' or leas. FA; .l. thP.)n1" 9'S West, 6th P.M. See_ * i<;tt 1 t : NE/4 NE, 4, SE/4 NE/4 (mineral ownership only 80 acres) Sect1,,n .): Sw/4 NW/4, W/2 NW/4 NW/4 (mineral owner- ship only 60 acres) containnq 140 a(1res, more or less. PAFICEI. V T, .+n..t.il 7 _,)uth, Rango 95 West, 6th P.M. (Nel1,' Hayward, Ranch) S'_ctlon 27: SW/4 SE/4 Section 34: NE/4, N/2 SE/4, SE/4 SE/4 Township 7 South, Range 96 West, 6th P.M. Section 23: Lot 4, Lot 5, E/2 SE/4 Section 24: Lot 5, Lot 6, NW/4 SW/4 Section 26: SW/4 SW/4 -7- Section 35 • W.'2 NW:4 Containing 6;.i. :.•s, or less. • PARCEL VI Township 7 Sc':th, Range c:t, 6th_P.M. (Jarvis Hayward Ranch) Section 25: S/2 SE/4 Note: Section 26: Lot 1, Lot 4, Lot 5, Lot 6, N/2 S/2 Section 35: N/2 NE/4 Containing 403 acres, mote cr ..ess. From out of the above describes lai..'s, a conveyance of surface rights ::as mase to Skyline Oil Company on the following lands: Township 7 South Range 35 West 6th P.M. Section 17: W/2 SW/4 SW/4 (20 acres) Section 18: SE/4 SE/4 (40 Acres) Section 19: NE/4 NE/4, ;E;4 NE/4 (80 acres) Section 20: W/2 NW/4 NW/4, SW/4 NW/4 (60 acres) Containing %00 arrest. 9. COLONY 1079 The following described land, situate, lying and being in t.:,e County of Gattield and State of Colorado, to -wit: Tow ::ship , (:kith 9!, west of the 6th P.M. Tract A: Section 6: All of the NEt3SE1/4 and that portion of the NE lying east of the center liner of the pre- sently existing road traversing the said NFJ3 in a nor t:, south d:r»r-tion approximately through the center of said NEy. Tract B: Section 9 • Nw'iNWy Tract C: Section 9: SssNW% Tract D: Section 9: WSSS Tract E: Section 9: : Wt4NEt-4 rract F: Section 9: All of th.tt portion of the Lk.,NEsi lying north of ':he center line ai the presently existing paved cou:'ty road which b s sects the i:yNE% in an east/west direction t.enr the boundary line between the Nf,';41:'a ani the • • Tract G: Section 10: SW*1NW% except a parcel described as beginning at the northeast corner of the said SWW.As, then west 687 feet; then south 219 feet; then southeasterly 363 feet to a point which is 456 feet south of the north line of the said SW;NW'; then east 169 feet; then south 199 feet; then east • 250 feet to the east line of said SW--,NV-1; ; then north 655 feet to the point of beginning (such excepted parcel consisting of 7.6 acres, more or less). Tract H: Section 10: NASA Containing 550.59 acres, more or less. - 9 - C. Severed Mineral rnt-oresta 1. Towrs`;' ' Soliwest 6th P.M. ' Section 17: 401SWY W4r Section :8: 5E10E4; Section 19: NE4NE4, SEiNE4; Section 20: WSNW4t1144, SW4NW4; 2. Tcwnshio 7 South, Rance 95 West, 6th P.M. All minerals lying below a sub- surface depth of 500 feet in and under, that part of Lot 9 and the 3E4S444 of Section 6 and all that part of Lot 2 in Section 7, Town- ship 7 South, Range 95 hest of the Sixth Principal Meridian, lying Southeasterly of the Southeasterly line of the Denver and Rio Grande Western °ailroad night -of -.:ay and Northwester'.y of the Colorado River more particularly described as follows: Beginning at a point in said South- easterly right-of-way line of said :railroad Right -of -Way from which point the quarter corner common to said Sections 6 and 7 bears South 15'57' E61t 403.30 feet' thence ;forth 40'16' East along said South- easterly right-of-way line 660 feet: th+once South 49°46' East g64 feat to the low water line of the Colorado Piver: thence South 1.ya4h' W.,at 316.30 feet' thence uth 31 ' i' Wost 335.57 feet along 111 1' iv-ur ..leo to a line that car. .,1:!h 59446' East and passes through [ho point of beginn0.ngt .hen„ Nc,rth 49'46' West along iai;1 line 99.50 feet to the point of beginning: containing 14.07 acr,•�, ^•r,re or less. SuL;, ct, h'-. • c r , to the provisions r,f th' Uarl , in and SAle Deed from P. A. M.110, Inc. to 'inion 011 ,n;rpnny of californin dated January Ir., 196t, recorded in Book 355 at 1 •:qe 343 of the records of Garfield County, Colorado. • • 3. Township "SCJth. , 5th All th.1._ par. --)f• 3 F7ctin 7, Township 7 *..ith. 15 west of the Sixth Print:17 'A.crl,iian described as beginnin,r lt .)nint whence the North- west c-..rner IF 3-1 :QC'1.0r1 7 bears North 34°37' west !--,et: thence So.lth 62° 10' E3S': :Het; thnce South 63°43' East 82.3 fe,t; ther:e South 83°08' East 167.75 feet; thee South 56°7' West 129.85 feet: thence S.7 -.h 1.6°20We.i‘t 20.15 feet; thence Nort'. "4'.'i" West 373.14 feet; thence North 27°53' Eaat 52.99 feet: thence North 34°55' East 17.2 feet t the point of be. - ginning, ccr..a.inu .802 acres, more or less. D. Miscellaneous Interests In connection with all of the lands and interests specifically described in parts A, D. and C of this Exhibit A, it i grantors' intention to and by these presents grantors do include in the various land descriptions as fully as if described therein in detail: 1. Any and all additional lands adjacent to, contiguous with or cornering said speci- fically described lands, title to which is owned or claimed by Grantors or which Grantors have acquired or may have acquired by adverse possession by reason of the inclusion of said additional lands within the conf...nes of exis- ting boundary line fences which enclose all or any part of said specifically described lands; provided, however, that Atlantic Rich- field Company expresbly excepts and reserves to itself and its successors and assigns, whatever right, title and interest it may have in the following described lands in Garfield County, Colorado: Township 7 South, Range 96 West, 6th P.M. Section 13: Lots 4, 10, 11, 12 and 13; Section 14: E);SE's; Section 23: Lot 1; Section 24: Lots 2, 3 and 4. after giving effect to the doctrines of accretion and reli.ction as they would have affected such described lands and the adjoining lands conveyed by this Special Warranty Deed if at all times since the original government survey thereof they had been owned byseparate persons. 2. Subject to the exception and reservation to Atlantic Richfield Company made in paragraph 1 of this Part D, any and all lands which may become owned or are claimed by Grantor as the owners of said specifically described lands under the doctrines of accretion or roliction by changes in the shore line of the Colorado River and of any other river, stream, lake or body of water on or abutting said specifically described lands; and 3. Subject to the exception and reservation to Atlantic Richfield Company made in paragraph 1 of this or abutting �the specifically ladjoining or the lands described in this Part D to the centerline of the main channel of the Colorado River whether specifically described or not. • • E. EncumbEsnc,72:, 1. A parcel of land cons: ting of Lot 8, part of Lot 9, and part of the NSE 4 of Section 6, Township 7 S.iuth, ",nge 95 West, 6th P.M. is the ,,ubtect mItter •f a permit for dredge 4 and fill Y:;e,.-tl-r, 4.-: .ssuc.d July 6, 1979 to Col.lny bevelc.tm., --rltion by the U. S. Army Corps of Enqin• ,tt, Department of Defense), a copy of :uch ettIng forth all of the terms and conditions tnereof 13 by reference incorporated herein and made a part hereof. 2. In addition to any otanding mineral rights, reservations or exceptions described in the prior parts of this Exhibit A, it is understood by grantees that various parts and parcels of the real estate described in this Exhibit A are subject to prior mineral exceptions and reservationa and oil and gas leases covering the same as shown of record in the records of Garfield County, Colorado. • • (Attached to and part 'O• Cxhii:i' \ to a'92t" Special. Warranty Deed d. -11!d i ,,.tust 1, from Atlantic Richf ie10. ,' ortE.',.'.' tan`, rTosco Corporation (c,rantor1 . tion and '1oa''7o Corporat t •n oli.tht01 :;, , and aspecifically rcferrc'. . in part_ F.11 thereof.) 640131.01'On 7+0. r�i�^v •1--c1e^` rUar•f et Aoca.t rtt Y L•.,•; ... Jolv 177c ECrt..e OatO 15 J'.T:e .964 6531 £1o.•at.On Oats (It 1DOI.Ca01l1 DEPARTMENT JF THE ARMY PERMIT per. i -.i *co.' na• M.T.110. 111, 1. •.w/.0 wr0 •Munk .4110 �+ n "'( cl'.0A 01 tN C1+r1 of 11n$,n0or1, wnwont k , h«av•^ ,1,0.1 .w er •11.41,” .4.4404 et w ,,,,110 sm..00aC7i^ 100 "co '•• sK,.on ' 0 or ,M +t•.r11n0 1.1.00.1 AC( o' Mort. 3, 4199 : . x I 040e1•p 0.0910 or h., •^11114 ' 0 «1',r/ 0f I^1 Un.110 11011 0000 Il • g1.d001 01 1 101 L11r111M1 71 ,h ♦rm• fdir.,1e 10.••.40 rw CO3e1 11 1^/'0.0.1 e.•wan' 11 LIC 0" 301 01 •'1 ►ldrr .w1r 1011ui .n Comm' ael Ue gift, i1{. ►.L. $3.100(: ....moi0,41.•••'•1 K1 91 11172 y...,1 14•,^$ IMnvaA 1^, :.••' a' 34710/0•1 G..�Wan y' n f Ce or.y Developaert Ooetation, 1500 :eta:1:y Life Building, Denver, Colorado 852c3 1., .u10..1.I+Ov IM 5...•'311 f tat •.rA" w place fill xater:al_for Intake structure and dans, Colorado River, Davis Gulch and Middle fc:'k ------------ r'':�cat:ors sn<>v n attach' d draw-.:'gs in 5urfield CountyneaJa.d Valley, o,ola•.0nh •n .00,1.•0,.0 in 100 mop, a •. i u1 Inn 1,,m11 100 faad'a*I 1,.1' .stn 1....•.,. 4. 1•04",,, me'iOlaf ,d r"Col , Operation," dated 4 Jure 1976. �. 40.41 w .•1100• 7.1�1.�p :a•��•.u�.rn m„•,.1 "Colony (; t, ';! li'-7©ent G in 6 sheets. -r'• ^,.1, 1,. I.r'IN•..nl 4030, ,.. n' .1^ 7`0• V, 101,141 ,..••• on 1"0 1.0^0• ,Io "••,'" ,n 1 w : a"1.1'1" •• I^ '^• "1•"'t and 10"•.•:0'1 fl01,111•r^'1. and 10*' an• •0! ur.. i,*,, . , . ,1.a 1 -,*0.,.e ,,.,.. ,.. ��^. WW1 , ',0•ai.cn o,',., '0•'^1 0.d 0:00 �..d04 1. t0,* 1.1"'11 W" an 1 0004 0, .n one. 1, 111 '0.1A ►010 14,fl 3,000 .n C011•M .., ..ea ., .;,.....on 0. •.,e(,. 1.r c* ;�.•�.*01.000• a91'0a"a11. ^., a . `r,'d ,�. .71.^ ", r ,01.10 .. 1..i � .. ..v••r . no • I Op-' Y1 t.,- t• r, 1..,,, ...LC.. 1 10''0•'010 Of •I0O SC 11 }n ,.,I o' ,•, Drl •�•w 17,1 a.^ •Iry p. 1 ,♦•w 1.1 S :17 •..*"1 1 1111 11012 3021 tvI r• •M 4010..♦ • • y•Tlr :,UNIT GLIM CIUNTT I,41 `sls N off. 6581 MOI 45 COV4rf y .� I1i 410 SSP* COU�• 7i1tlC CC.NiT. • ..,,•••00.11 • C'1CNl OPtlr,/Y!,YT N !te!lfJ,G /ON,.. v►R11 01v111SO tit Orr 011. l,'/,•.; • ' , • \ ..V7/ ✓ / '' �— S 0 5 IO IOW ,r MtS4 MONTOSSS CiUMri SIN MI�UII ;OUNt1 4 4•1 0.II COLONY DEVELCPY:NT OPERAT! TOrAk. PFteJCc'� AREA SETTING OF PROPOSED ACT1 g41.41.4 1413 ' f$tL1* 1.F . • a • • j,.w • t 1.. re pC�`.11 ,FI„.HI1.7r/ f: r.. 0. •••• c.... rri 1'�J+Jowl iwC.. IcM aai. for! .ulcs t�•. r.#,cc; rw rs4 u.v• t1J No. 6583 I R94W 5 S. 6: Grind 4i/eV l'Prn;n1/((E,/$/p 3101191 •Irw•71.14# I'4. T Grand �Z P,IVER , INTAKE S valley ;111 ii ••r,LCS COLONY DEVELOPMENT VERA RIVER WATER SUPPLY :YSTEM COLONY SHALE CIL PLANT: VICINITY MAP J V"t l41 S SneLT �.' v a • • No. 6583 DC1400 t RIO C11ANC( M(S'.(!M II+410x0 . O.A. SHALE UNION \L. 1C_CSS 1010 i / D••,� ! •_ - 1 110.0 ivrAdt 1r41.icrvts R l V E R .. 10900itltltr►Ir $C11 0 10 100 1111 COLONY DEVELOPMENT OPERAT PLOT PLAN GRAND VALLEY PUMP STATION AN: AIM INTAKE FACILITIES Swt ►til b s.,rl1° .r 6 s.M' . 34 • ;is i frII J. re 1 re }nal MOM hr4W ----- COLOR-04DO RIV%a ...,•,',:s. i ;.r ; i _ 1 1 ,. 1; .1 1; ► C' I ! 1 . ► 1 -?: Lt.; !_. .nf riff ; 7 1, 1 No. 6583 oar mar raur rr' - nous I Mal • I w—�- I w wI COLONY DEVELOPMENT OPERX1 RIVER INTAKE DETAIL 9 lune tot 19 .Mtrr A •P G •- • , • " • /..55 •\111:A\ITes‘ • ' 1 /1 ;; • ••• • • - 411;LN.-,4 • No. 65F33..... •,11Yr, Le. 4 •••••." ••., • 1. • • ; • • • r or ) 1 e.• • • .b • D .'%/77•4 r/ • ,..<•**P _ • \.lt „.,,r7' ar• IT • •.'•• • •,11../. •••""r"'5. •'# •):.73`7.•7*%•4: • •"<"' '7,, 1 , s..1.-.T.f•••••• • -'"'" -.L... • ••• • k f'e -"•••••... s \ 1. •••••, t• • :••• '••••.: • • • •••• •••• • \ \ ••••••••••,/ , •••••••. I • rt• i •FL ; 3 : -•••••-•••••1'.1t. •-• 3 • 44... • , ••'••••••••=,1' I , • • „.• , e '• ti r / • . , • , •. ),- • .-••• ••••• ••• • •-•, • ••• ••••• • •• , / .----"' ••"--s.----.. "":"\,:::-.....---3.---• I ....... (\'1 "A. ‘...!....../.""...- //. •0$4 i . .4.--• \ .j- ‘„ ,. 0 411 f ,. ... . ..•... ,...,... r•-•14—‘,".•.....--•.• . • :•• , . • • --- - ./.,,,- ....„, ....., , ,......„ ..,,,,, _,....- • , I ' ..,..., ......... /„: •-•;41C4 • • , ,••••••••... ‘. r."44'" • ---`•• Is. 4, 4`• 1.-st • • ••••• ••••••••••••••„ • L ) , • • J , 1,•:.""""•••••..„ • • .; , ,,„ r.•, , /,. i I 11 • -• ;4.. • - r 77 -71?\ ---/-...1..111 \ ‘‘`,.•1704-'47._...47. .,.7 .( (a;,('. ' ------- , , •••-• r - r,,;::,.; -. \\,..... '.•.:':•4#/.0..V"...... ,•. 7. .4, • ,... -.. I, .. •:", -•.:',, .,.'Z'7,..„.• .....,,,...............„, 1 „..a„Irt,;',..,r.........a.k.;•; ..17•41:‘ ;‘,",a7L....Zr., ...4.... '•,, ..-0•-•''' .i• 4::',...":, -----;Ns, ... ...:A7....."—• •••::",„;. 7.`"7.-7.te„,i,':•:t.,... ; ''' ' -'' \I .,---.-----.:"Pt` , : ' rr,•'-'7"--',/,,, --.--"..„ s'..-1..'''' 1.-2,*. . . c:::."-"••••ne • . •-• . ' - - ' • ;7- . . . - ..„........."'-•------ • S ‘, i . ., . , , , ' • • ' . •..,.. ,.„ s.., I ..:..` • .. '' / r•*"'-^ ..- ' 2 :....--;-...• :,........—..............................r....,...,..........,...---........... , ...,..8 ....... t."... 1 ." ,.., '.. ..--• 1 . 7: 1 •.".•011•••••,f mer al" • • " 7 S.tET, og . • ••••••• C 6w{� L.fl PIL%rerM Fre tb.ard-10 hl •u.. W.i s. Nor,n.l Waller ford Gale Siam. 3 Filler 7 -Wide (M...) Tyr.co.l AIon Entire Lerwilh Or Dwn Th ROCK -RANDOMS FILL FILL To Filler Oullel ExHt lIn9 Cr.w.J .Coocrel'C..4.rf 1 1 1 _ 1 Cut otf Troch Sire w. RecreeJ Collar • -s-- Conc.Cr.JIt --+ 411 13 �-- Grout Cur4oin ¢-Dam Q F.II- M;rlvrt or Sill • Rock Fra'+..n15 +—Cont. Ehc..le...e..4 --� 48° Dia.. Oullot Pi re. C...r. Crwdl. —► TYPICAL SECTION' IIIQU Dim -15 f reli,n.nnr r De 11 0. 14.04 ., t••0 10 tn•N 1.40.40.11e 114040 •f -,..s.- .. r r w .c. n. . _ . .. . .• J Wee _ rtc0..04Iw000, �� �� ..� ..•r to L•tt� t�•N rows 1x0^•'104 arm of ,11„1^.1 J/ pry, .JOIE$ Otr4tWM: i0K.INd1 404/ 00440.1..1 Yr a 14.040/00044 N ../4410.*.IY•Y •.IHb00 . SO/011.10'.41411441" 110•x0 S ▪ T•4. t*•/ 00••44.4 0001 4.04 4..1^0^t1 0. 10000.0 114S01t l,0" 4 �di., wrn•1or ItnAttures. the WM IN•Cat.Of Or 000x4404 04 gl el x.0* Mf `0404 x, 0 0.100411.0,4 0. 1440 C0011/4444 4. slow/ 1'•4 e 4014 f r! 01^M tog OM'*•1H1 3H�•M tO 004.400' IM at1.4.er 0u1nn. Ire % v.'', 41.•1/4 WC44 00*000m.trOl 11001 01 0 traTY 1 •fer 044 .. 0•0rN O. .14'• 404 2••••.11111.4 tr0A/114••M n.1 "'Strut' 4.140." •0 0 t^^0 Oarty Our011A1 10 G401P CJ*0.1.044 l %•001, 00 x1410 0 9.1 MOO i0 a ser,alrore l4I,410t10•Y 11 t4. O.ftLCt er•t40111 • 1.014 .4 tee •.00.0.^4 Ol 1114 014044.1 '4 0044.0'1 0*004 00014/04 $talo 1. 'o0I4 401. leo Demmer 04011 flee We* 004.00 flimsy 00 *0C1.IMY '0 *owe 444.4 01494.* 01.4* t4. *4.0III 0. 01+w l 01*14 *00.40.4.4 011404/1 01140110 01.444 100 4400*4.0.•.*1/ 104 mM.0tO.*•*w .044. 0 01 1.01 *4 104 .4410.0441 M x4,4 04000x14. s T*•1* 4w1x0 weal 0e M foorea *000.0 0 1 4. 11411041 .*•t* nav411N^ 00 t^4 1.•410^01 Or uiI 01 IM 401..x.40 aw not.1N *141444. t teal 4•..0 01•o1.* moat 0CIt 00 tr4'11Mr10 10 0 10440 Opt' 44.104Oul 0.,1' ..0,It40 ^4140 to Int Ornlett 1110411.00.. 14t*1• by 1440 4110. VIM '14444 40x414' 64410P0004 10 100.0.4 0.00 41 404.444 0^e 0400,1.4^4 01 •411 00.40.4 or by In/ tr4*14400 WMCn O.*e 40ipso OH•*11 .* ff.0 ••0441 00.•404 woos Ind mai*. &val'^/ '3 (00^00Y 4040 041 1/4104* 100 40^0.1.001 01 1444 01401.4, 1* 110011.0*• d t*1 01440,100 *01•4•4 4*0 *•14014 01114.'9141 *1.14^ DY C3"0444'01 Of .00144, 1440 4400 1^w •011.40!0 111/ 014401* end IM loom, 404 0e*4114.1 1000 4.14 404.04 044 144* 01.4.1 444011 00 •4c0•*.4 0 CIAO 01.1* 101 4110 0110 *40 J!Ortfer of O0N4 W •1014 00Neahal0 offices, 1-.1114. Cs..0-'. / 1•41.1 11 411410,014 .Il II,'l %044,144W fp 411 Dro4at14 nru01u'1 4* wOre 134I*0"4114 by 1*.14.91,4411 a. .`.a: ars archaeological or h'storlcal site is exposed, the site shall be left -.disturbed lead the Sate Historical rr•.servation Office shall be notified ed.ately, telephone: (303) 839-337.4; I. --at sly as much vegeta-len as necessary be removed to accomodate construction • • of the pro,;sct, 1. That permittee prevent wet concrete ar.d/or petroleum products from entering waterways: • That permittee x111 a_nimize use of machinery in the waterways; t. That concrete t4' eAs be washed at upland sites where wash wat:r will not er•:er any wattrway of the united Sta.es; .,. r _ r f. That only clean. duranl0 riprap material be used; stn.ttbed or tank material will not be used as riprap; �., a •::3 scarred fr•:m construction act'iities be revegetated with native:' s;^..es rat a1: work will be cac,rdirated with the Colorado Division of Wildlife; ,t per -linen w.:; •.lice appropriate measures to insure that fish are not a intake st... _r^1: ,,• y mat•Ire cottonwood trees are to be removed; 1. :Oat ccr.struct:on activities on intake structure, settling basin roads, and tie-It:al facilities be conducted in spring and summer months to lessen impact el wiatertnc, bald eagles; n.That ::ertit`_ee will submit evidence of approval by the State Engineer prior • taconstrict_on of the dams and :hat periodic inspections be done at least every )ear aurin; subsurface mining operations and every three years thereafter, n. That ;emi :tee will insure that subsurface mining operations will not threaten safety o: the dans and lakes. (See attached page 5) 3 ..... * ....a..,...4.....n......M..M ,4,r..11s1wa Turf IM.o40.n1 50.0141 COnstiliSing ural w 103.00041 *wow •00r00rN11' STRUCTURES 100 OR AFFECTING NAVIGABLE WATERS Cl THE UNITED SATES. 1. That 111.1 puma 00.0 001 0u11008f 44, ,nt4t01fntl Y.41n Inv 1•,/1.nq 0. 0,000110 CVOOr•I Of0I.Ct 100 that the oarrn pc 010 .0f 0e 001.1140 10 CO4Ooe4Lt.o4 Ip, nom**. or Mryry 00 400 ItluCt.4r41 Or .0048 M•Inor4/00 044000 .nen ma, 00 04,1410 OV 0, •41,11 It {041 •0.1000 0, /who,' 000,01,001 .0100,01400 0V t , Un,If0 Stat,$ ,0 In, 0,10.4 .0t 0. That ..14104.01 80011 be 0400. by 404 0010441/4/1 40 0,0v01,4 In. 1.•.I 404 1••• vw OV t4,0 p,1d•C 01 ad n0v'gldl watlrl 11 Or 10140404 101.4 KI'••Iv 1,1 1"0,,4 t0 DV 4414 04104.1. c, That .l 4"e 0.10111 04 lints 100 17,.1 on Inv II WC Wr. or wo,. 1.1^0"7110 ne's.n 1 nom 010440.44 0.00.010 fpr 0. ,aur. 4144 1.4nt1 100 1+1.01 N ••4v 04 0r11Cr•040 111 In. Un..ep 5111., 00111 v.,4.0 !n•4 Ice p.4110,40100 041•ntl.n10 b1 MO 01 '01 4101011 01 101 0. Twp nM oM•w.tl.. 1000 NC..a 01 • 0ohc* 01 •h•OC11,on 01 . n., 0••'^,1 0• .0on its 1•e.41t,on ietwe cornQ.ft,On 01 IM 4,11004,100 II.g(14,/ 0, 400.4, 148.14. w•(n00 4401•x0 40 Int .Jn,140 S,,141 0^0 .n 11.04' ,iT41n0 min',, e1 In* SK'If3v 01 Ina Army pr 0.4 111non1.0 r4prt{pnIll.yo m•, 4,4401, 44Ito.4 IM 4041400./1 10 .11 44,••11. COn0,00n1. II tN 04,1Si,lt0e Lau{ 10 simply .010 1180 &r401... 01 10" S40.11te11P 01 t0I Arm, 0, 44 4 0.1000,00 •00 ,0,440•I,o•, 414 S.C,sfaro or his 001.9n*0 0440 risco,. tn. 11at440e, to .10, 40.0 e. 0004.1.04,. 01• Centratt 00 OI"4,y0411, and 4400014 11,1 C081 101,001 horn tne 0.r04,t140. 1. Structures fpr Sr48M1 bests. That p"I0p444 00100, ,4001.1741 Os* 0011444,1 Mat tn. structure 04,10441/0 h4,4n 04.V 04 Iu04 41 10 01,,1040 0, MM 041tn •'0.l 31$/.040 111{011. Th• 'twang, OI int 304041 0041 001 414.400 t4, 010,114111 •.0rn t$0.n1 HI pomp, Ite01 10 .0100 100 ,0101044 of f0t 11,1,C1100 00,001100 00000 4.e Inp Hllt4 el 00110 •*00400 4014010 Irons 1414/a Oe luau" main Md IN .. 040,010001110,101,4111%1110 IN i.J01.0 States Icer@ I4, env seen 010040, UAA1NTENANCEORE0GIN0. 00001 hOT Int 0111 01 11.4101 011/.41 0100411 1111h 4141 .44141, 0100404.:0=wy esieel 0. Ines 148e Oprnllnw own seem* t4, Or••[j ,I.A0.,..m l01 ,180 1I 10011 1.stv404d 0010re n" 104000* 10,1001t10Y4 414 111.01/0/441 0.401/..1. -- DISCHARGES CF DREDGED OR FILL MATERIAL INTO WATERS 0P THE UNITED STATES. a Tnel r0* p,tcn/g/ null et Canute! out ,n 400104•011v *1111 1441 4011* IMI 004*1101* sit the EFA Cu 1N4111111111WIMN 111W1$t t0 Ssctmo 404401 04 tN F W►CA .no 1301).•040 in 4) CFR 2)0: b. TN* 101 OiKn1ge 0481 c000st 01 {041040 .MI01144 1100 flet' 10811 0a11Want1118 0104, Iran ,1101 f11d0111111J e. That Ts, 1.11 treated bv 100 01104'100 40,41 44 0,004,41, .14101/1001. 10 4,014414 MU NA a4, 01410 480000.481 *11111111004w8.10. *481 4. That is G• th10e torn not occur 118 a 1..1040oMn, al Mt N1,In0 W.10 100 S0*n V River 1011101 ea 00 $ 10,004 1411 1) • 11414 41110 ane K1,K 41Nr system. OUM►IN0 OF OREOGEO MATEOIAL 1.NTO OCEAN WATEO$ 4181:.. ' plmtuaSKI... 10 5401.00 1J1e1 rN M100l 4.0101+,40, AfN*nn {4,d 141/1.44401 A41 •1 1472. 0. That IN 0/.•'.001 10044 Watt l 4000 001 tha.p4nll♦ • ,14,11 11W .0 401 ,41/11 IS *0 .4110 lar t4, TI$48tIM,I$IIM *04110 0,1 nenne of 11,11,406•* ^4.r• 41.00111 014 0 0. • Ts" 04^•l e.cDm. 14)*Crw1 on 101 OOIe of Inc 014.•04 l,49,0441 1 11n11/u,0 ►41.0.4111 044.4 4(44011 MO 41,441 10 (00.0111 With 01* 144041 Ma 4000.11148) *1 1011 •144011, 011MITTE1 .1 AYES G. JCWSOM. Lieutenant Colonel, CE Aetias3u. a'C 0`1''•014 Sac:=ento District s A14',Inars.aEVdca5 Jure 19, 1979 (SeeFATE Paged for Ackaowle4msnt) V 79 '•.0.•r•. 0440, •4.441 10 400^0•, 44.10 400 Items sh0 40001, ens 0) IL1 01404,1 TAAr4Sc144(1 4• / FATE DATE .i:):, b9 r :1. 5oec.al Condition.::: (continued) • o. That upom completion of the shale -oil project. the dams will either bit removed or continually maintained. STATE OF COLORADO 3 as. COUNTY OF DENVER ) The foregoing instrument was acimowledged before me this 19th day of June, 1979, by L. L. Ludlam. Witness my hand and official seal. My commission expires, Rose 2.. Howard, Notary Public August 5. 1979 in and for the State of Colorado 5 Cew,.At*•r N . •oci.-tr JUN 22 y ., L'6 7; ���EG A sem *, at C1 AL kARFAN Y CFf • OiNalellaiatawitirt 4. GAR%+;tD �UW ;A? State Loc. Foe T};�c c:rCiAL WARRANTY MED, ef'•'ctive as of the PZ dry of . j•t, ,or=. from THE 0!1. SEAT. CCFPOPATIO•., a Delaware corrcraticn qualified in Colcra, whose address is 1C1CC Santa Monica Boulevard, Los A..^.oele�, California 90Ct7, as crantcr, to FXYCN COR!'ORATIOS, a New Jersey cor- poration qualified in Colorado. with Fla:c o` business at BOC Fel: Street, }'^::strn, Texas,22, .-et.r'es referred to herein as Grantee. WITNESSETH, that the crantcr, , cr One Hundred Dollars (S100.CC) and ether rood and va' a:le ccnsidera- tions, the receipt and adequacy of whict are acknowledged, has granted, bargained, sold, corveyed and transferred, ard b, these presents does grant, bargain, s'11, convey and .^� -ION, its succes ,rs and assigns t�ansfer to EX.._.: C��`:'st- •` � f ;never, an undivided forty percent (40ainterest in and to a 1 of the lands in Garfield County, Cc:cradc which are set f rtt and described in Exhibit A attached hereto and by this r ference incorporated herein as .f set `,:rth h=rein in full, subject only to the ziceptions and encur.brances noted therein or in this 5T:ccial Warranty Deed; t::ether with an undivided forty percent (4:r8) interest in and to all and singular the .r.orcvements, fix- tures, personal property, hereditament': and appurtenances thereunto belonging or in anywise used i:. connection with or appertaining, and the reversion and re••ersions, remainder And remainders, rents, issues and profits thereof; and all of the estate, right, title, interest, clair and demand whatsoever, of the crantcr, either in law or :n equity, in and to the lands covered hereby; To have and tc hold the said lands and rights with said improvements, fixtures, personal property, hered:ta- tents and appurtenances, unto grantee and its successors and assigns forever, subject however, to the matters, burdens, 'encur..brances, exceptions and reservations, if any, set forth 'in any deed or conveyance by which grantor ray have acquired • title to said lands, and subject also to any and all mineral rights and royalties heretofore reserved or conveyed of record by parties other than grantor, all excptions and reservations of record by all parties cher than grantor, valid and subsisting easements and rights -of -May of record, and all special improvements or other statutory districts. Arid the grantor, for itself and its. successors, covenants and agrees to and with the grantee, its.successors and assigns, to forever warrant and defend ail Said lands •}tnd rights in the quiet and peaceable possession of the:'sand .grantee, its successors and assigns, against all' and'.ever,;.. person or persons lawfully claiming or tc claim the`whple or.. Any part thereof, by, through or under the cran.tor, but not 'otherwise, except general taxes and the asseesments of:,_any governmental districts for 1982 payable .r. 1983, and except • • orarino :leases i!.nd caaerentn ard w:-.ich are of record CM" arc :!" ard rat'vrs, . encurbrances, extPl•tIrrr ard rererrns rvf,.2rred to 1r the prece-di nc: • EX=:77'•f fIrst set f:7-rth —,ATTFE7: STATE CF TEXAS OF HAPE:S S :* The fcrec.air.: S7_ecIal Warr3rt: :.—_-: was a:..'nowl-- .edged before re th:..r 2a-, of , „ , as :- A ...„_•___• • - ; " I -_ • and '7:,,c,,.,..4 • .. as. - .. ., -_,.____, Secretary of T -.c • a: :--,.e Corprratacr, a :.•rccrat:.:-.r. cffa: Notary _res: _ exx • *1'I :�`� .,•-; Fart cf a Speelal warranty ,< of ..a~e Z� 1962 Cert crit ie. 'r:rantor) to (-rant' Te;:ei `A". and 3 c` Se -'or 7, and in -' A .,tee- cf :a- s:-. :.fee in i-ts 2' the -._ cr �r; and the :::.:SE: of. 1 tt E, c •- 1C cf S-_._cn f tri.. E al: c+. 7 S ., Pence 9_ *.est .f •-.!-.e Sixth Fe_ =se: ••=,:-d:en, :r -:ed as follows: SE_. at the Secticn Ccrner cc- '^ - -:.ens 1, 6, 7, 'Sct:. Vianda^-e 95 and 9: .-ost cf the . cif_ Sixth !e_'t dianl• thence c_t`. E9'42':6" East 226.53 *_ . _- Sc the line cf said Sect. 6 be:r:c the iEet e:_j1 .`e_her:� _-e cf said Sc ic n T tc a pc:nt cn O e e -es W e tic_.' _cx ; tence r.:_. said c _-- ter:ine cf the 1i^e .�_ �� :9°37'17' rest =91.E9 feet: eere th 22'30' t _.•__ y r� .t e_tt. CE'C5'4::, East 67.00 " -asc n_E.;: - rth .. ° .:E" Lest 253.35 fey _ !'-ecce Ns:th . '5 -e`- ^ .: feet; thence •;cr th 35':2'47" East • E- fee: :e :__ 02'35'0:" west :36.46 feet; .e� t '54" west 133.55 ffeet, ,. `once .rth °,4__Ees_ 49.4, ieet :. thece !.:rt_h3: __ 6' 39"^East �`7 1'7"24'21" East .41 feet to e .:43.96 -feet; treee Narte th ___ .,s. __ c`_ said Sec6. thence t-_... c:.E t?c 2s• a:cn; szid ce-'e:-:rte cfsaidSection Sc..:- f5 fe - .-e `;:::~east^C; riser of said Lot 6; thence ly •E' Zest a c-- the Easterly 1.-e cf said Lot 6. :3:9 C:2. feet_„ t' -`==.i Jest Cerner cf said Lct 6; thence 5c__`.,E9'_ .42 Ees.'a:c- the 2:crt_1'erl. ._-e cf said SE:SW , 13:_ f"_ _ •_.''e --e_ ast Ccrr e: cfse: d SZSSW: being 1.!.e se -e its _`.e -_•._-.•:es: Cc:ner cf said rweSES thence Nc-._h t : • 3: - .:es- e:_-= the Westerly lire cf said 2.W SEi fe,,. - ter cf said Section E. being the sane 1s trete _ C_-- : cf said `'S:SE". t..eeee South E6'21' 3: ..e . c: "--tip - `terline of said' w EE:, 1263.02 3:' Ces-thec. - hees- `__ . of said =w:SE ; thence South feet t_ _ e a: ,steri line of said tiw:SE; C4�. E: fGetAtc a - _ _n _ _- the Northwesterly richt-of-waw - re cf S ee...a :;c."6 and 24; :_hence a_ _nc• said right- cf.-way ig`.: is. line, 'fret e.:rg the arc of a ,,.:rve to the iefta t.a%:e a _ _d_•. -s cf 2:15.39 feet.t..e c'crd of which tears: Sc_ -h 3:'2: 3- west 556.65 feet; thence South r west 946 __"feat; thence 772.12 `feet elcnc the 4C .e'er.. - -. .� - 2769.19 arc of a"c:.::e .c the -c'.t. having a re -I.: s cf -e chced•c_ wn_:h hears; S-..tr. W.17'15" wes.. . 765 £: feet. tnence Sc_'t. :6'16'30" west. 35.56 feet t' e-► e• t _ way - .-t•enf�tiat• T;crtr. F'2/24 OC" Ives_ C • fee` ec ce• ie N ..`63'43 0C" west .-.. 3: ,feet; the-ce ht_tE3 62'1C'C, test 'E4`62 =eet t':ence -c th• 3.'53`00' tie-st 'E::43 `,.e--7.•,.e--7.•:.,vet,.e--7.•:.,-.,, e rt`. 75`32'02° t s_3C,4-.33 eet to • a_._. . en ._7e ...c.q t. : line cf said ec-:c- '7;. t`-ence'_r ctn ,' i. _(- ...e t:ester1' ---:e c: s'_ic SECtion. .. °9.26 feet ._ the se:d Sec_:or. Cc-..er c. _n to Sections.,. E, and 12 .,e _ _-. ..^c= tecinnire. The _-eve described a+�: cif lar_ c: e 10E.94 ares. 7,7:e cr less. - - _nee:r the •- 1 s ,,, •.Srand 9, all : and in :.Sts 9 A puce cf :s.__d _--=-7 Sc,t. Fa-ge 9west cf the Sixth in Sect:.... 6. ':c.:-�-.:p-_ df• 41 �•erldla^ - th-.rrsterl: cf the cr-terline cf the - . - lee F::er are cf the . ; :.'yea ; . erle ! igr.t-of- e f tee - ai dPie Grande er 3te-z F••. _ L _ad, described as _g at a -. `. cSouteeasterly :_g_ -^`-way line cf said d ia_ ,.he-ce •: �arte: C.rner =tenon tc' Set- tler' 6 and•7 -.- said teweship and ra-=e tears: South 19.30'.53" ::est 949.13 feet thence .:crt-h 4:°19'00' Last E.1.E3 feet a -_r7 _.hie -= � theester !'- -'t-rf-e, :lee of . said rail:sad: t`•_e.e X92.74 feet na:o,c the arc cf curve tc tee ' r,_ht, "aa redles of 3:63.62 feet. _`.e :herd of .wi;:-e :ears: . Tree 45°46'25" east 591.E: feet to a pci.._ on et`e Easterly :_re cf said w:SE:: thence _:._t 0l°:.,'ZE" rate ale- the ter line cf said •: ��:S-. 691.33 feet to the.:teeast 2tr er cf said ':' SES be:.: t' -e Sate es t -'--e Nct''.*ect Cerner cf sale Let 8: thence SC._.. E7°59'2:" east alc. the :--e of said 8, 6-.62 feet tO a ccint .n • t.censaid river: ^ -e•:e :cat.`. 24'.,.," .es« 57.117 feet a4_rc tee center cf sa:d riser, thence :c th ':52.,.°36.':e" West 46..:0 feet along the :"-teof said •: r -e''; 'e 4 --e r S- th • C_ :.est 398;99 feet a: = iee erste -c0- ver ten a Stet': 29°:,7'12 t_ oa42:e7-4 feet al she ceeter of sale rr her thence .:c- •, gest 1 .: 'ee.t tc a - _ the _c.. --easter - 7h. _--e er ' rade t of seg ".%-e! lessee dee _eey Bail Za-_- a -e L __:..Lt. - •..3r -el cf laed contains 25_-6 acres, --re -_ -ess- Par-e.0. "C' A parcel cf land s:t_ated in Let 2 of =ec__n 7-e-_ ' _thin cf rhe C_ :e- n se: eel - a:so Meander :.ices tee �_, - 7,:ver -•- -- . of La- ice 6 all rin ecenseip tee Sixth ?- _- ,t ter --:a:: _ :. 7 Scut:'•., Farce 95 ��cst == _ - -- � Seutheasterl• : _-e Sc- seer) r- et -:_-way line c- _-e Denver and Pie e_ande aster- _. -read ane -reeeester_- cf --e centerline cftee river, -_s____- as fellews: -ning at a t -e S^_::t-h.easter'v -i - _-c_'-wav tine Beginning tete• .. _.. - - cf said ra:-rt_e wnence tee :•tarter Cerner c_ _ _.. -o Sec - .ions 6 arc 7 in said etweseip and ranee ters: Seete 15°29'13" East 4_5-41 feet, _eencs Sc•..t` 49°46'0C" East • 1105.36 feet _- a - lett _--t ee center said ricer; t_''e-_e . South 26'11e:2" West : -9 • - • feet ale the center of sa ie • river; terce S:'.. 42West 727.28 feet a_ene tee center of said river- _--ms-:e Sce-- 19°70'03" west 292.97 feet ale.ne erre cel_= efs--d riser: •"ence Sceth 78°:1'12" West 4537 feet alene _-e :enter __ said reser thence North 15°55'::" NorteEast 225.6' feet: _-e-:e N=_t°3C West 675.68c feet ta • __•.- _n the ._ - _re ==ter- -i=':t-of- way line of said _ '--at. _^^.._e _-crt_h. 4:,':5.2.1" East 1756.59 feet a:see t`.e S --:easter rich: -_f -Gay line cf said rai1rcac �-e - ----tof bacienine _--e a_cve des__ -ted parcel cf laid re:eta:es 38.16 acres, -ere cr less. Excepting, however, free. F'ar:el C" t_h.e tole= enc: (1) A parcel of l>_n' s:-_atec in Lc_ 9 cf Sectio-. 6, and in the ST_.Swi cf Sect_en 6, also in Let 2 cf 5ecticr. 7, t_': and in e .:ti of 5e_cn • all _- -s`ic 7 South, Rance 95 •est cf tee Sixth Srinc_: _. eeridian, lying Northwesterly :. o= a s t-_a::-elcf ._-e. C__crado River, said. ca==cf . ntee_ '_escr-be: cs f= -loris. e at a eeint v .encs e--arte- - --- _e Corner c_ • e said 5ecticres 6 and 7 tears: Scute O1°11gest 293.87 feet; thence South 19'46'CO° East 955.:,6 feet to a ec_... in tee center of said rive:: thence =ceeh 36'1'2'0:- ::est :6.9.14 feet ale^: the center of said river; thence South 49°20'02" West 475.02 feet alone the center of -2- 1 •;.►# said river: thence !north 49.46'. west P95.72 feet: terce .._.th 40'18'00" Ea,t 6'8.17 feet to the , - : t of he. ..ni^.g: cvrta:r. nu 13.76 acres, r.:e cr less. t2) The richt cf ingress and egress ever. ender and through and acr:ss a strip cf :and being 157 feet in wi t'• and 636.17 feet .n :enc•h lying southeast of and part. el • to the :enver and Plc Grande '.cesterr Pa::rcad, be: -:g role fell}'.ewer=ted as follows: A parcel c` lard situated in Lot 9 of Section 6, art i.. the :f Section 6, also in Let 2 cf Section 7, a:. in Tow -s}• 7 South, Sane 95 West of the Sixth Pr_nc..a: r'and'ier, lying Southeasterly of tie South- f ar line the er an_ easterly : _-c -� d Pi .este:^ ?L_l.oad. said pare: of te.g descr ite.- as folic -s: Sec n..-. - at a•c. the Southeasterly r. cf line cf said railroad whenoe ths Z1a:ter Corner co- to said Sections E a -d 7 Lean: South w th 15'29'12 East 405.41 feet: thence South 4?'4E East 150.0C feet; thence So.:th 40':6':3" hest 639.17 feet; thence .crt_h 49°46'03' west 250 feet to a point or. the S_ ..theasteriy right- of-way lire cf said railroad: en ce North 4C° " East aloe the Scu`_heas• r1y right-of-wayi6 - -`cfsaid railroad, t=9.17 feet to the point cf ,I heed containing 2.2: acres, mere or less. Face: : of land situated is 3 and 4 of Section 7, Township 7 e:_e_ten95 ;:est cf • Sixth Principal "�-'^ ah, also in he`-Section^f Sec_ -c 12 in Township 7South, Pence 96 west of the Sixth Frinoitallying Southeasterly cf the Scutt - easterly • `t-cf-- lineofC.S. Highway No. 6 and 24, and Northwesterly cf _-_.. ,c_ --.-£Steri right-of-way line cf the .. Denver and r.Grande western 1,a_1road,descrited as follows: Beginning at a toint on the Southeasterly right-of-way line cf s3.d hi_hway said ofint being on the Northwesterly right- cf-waw line cf sa-d r�� --'' whence the Se__.on Corner co Sections 1. _ and 12 is Township 7 South, Pange 95 and 96 west of the Sixt.. Principal f'er.d:an bears: North 56'15'21" west 1539.46 feet: thence Scut: 40°18'00' West 1730.06 feet a:crg the :t --ester.: _.c._ -of -way line cf • said railroad; ..-once ._rt': 72'55'00" West 230.54 feet to a point on the Scutneaster richt-of-way line of a County Poadas ccr.s=:::_ted and :n place: thence North 17.05'00" East 501.65 feet a the Scut_r.easterly r-ht-cf-way line cf said County .cad. _Hence North 39°50'3= Cast 18.47 feet to a point on the Southeasterly richt-cf-way line of said highway; ttence South 49°56'30" East 60.12 feet along the Southeasterly right-of-way line of said h.=h-ay: thence North 39°50'3C" East 26.46 feet along the Southeasterly r+-':t-c_`-wa• line cf said highway: thence 793.04 feet along the. arc cf a curve to the right having a radius of 2764.96 seey the chord of which hears: North 4£°03'30" East 790..12.• . ffeet; thence North 56°16'30" East 376.63 feet• along `-he Sd.:.heaster.v richt-cf-way line of said high-ay::the-iGe. both 8C°C: East 2:5.04 feet along the.Sccthe&Ste 1. ,-,riont-of7way line of sold highway to a ;point or. the NpTtS4 westerly right-of-way line cf said railroad, the, point c. •,t;e- nn. - .`.e above cesc._hed parcel of lane contains 11.01 acres, .were cr less. A parcel cf land situated in Lot 3 cf Section 7, Township 7 So:ith :.arse 95 West cf the Sixth Principal t'er..-_an. lying -3- Sout`eaT.terly of the Scut..`•ea :ter ly right -c` -way line of a County P -ad as constructed and in F2:e and Northwest'r.y of the North- westerly right -c` -way line of J.S.'Highway No. 6 and 24, described as fo.2c+:s: Beginning at a :o:nt on the Southeasterly richt-of-way line of said County r'cad said point being on the Northwesterly right-of-way 1:-.e of said highway whence the Section Corner eor. cn to Serticns 1, 6. 7 and 12 in Township 7 South, Pangs 95 and a6 gest cf the Sixth Principal Fer:t:an bears: North 08'00'39' west .323.91 feet; thence North 15'35'00' East 553.10 feet al:-; the Southeasterly right-of-way line of said County P ar:; thence South 74'26'3C" _'st 368.57 feet to a. point or the, - este-'right-:f-way r`. r._•- ' - a• line cf said highway: thence South 56°16'33" west 90.: feet along the Northwesterly richt-of-way line of said .: `-'Ewa,: thence 592.06 feet el_-- the arc cf a curve to _e left. having a radius ' cf 29E4.9^ fee- the chord cf which. bears: South 50°33'15 west 591..E feet to a point on theSoutheasterly right-of-way line of said County • oet, '`:5 point of begin- ning. The above described parcel of t-..''_ '....tai :s 2.14+ Pili .• - ac.as. rc:e cr less. 2 C_Z" . 9^40 :pareal _.. � _ -=;,.ria y -, �..: . A trac ':.. of land situated _n the tic,o_ Secti_ :South, Pence 96 gest, Sixth. Principal ,�_ a', -_. c '^ore fully described as follows: .. Beginning at a coin_ on the !port.*. 1-^e of s>_:= Section 12. Whence the Northeast corner of said Sertirn 12 tears Nerth 89°28' East 330.0 feet; thence Scutt C°C- East 332.98 feet: •h West 996.72 feet tc a - the North thence SQL'_ 0°�3' =--•'t -� _ lire of Sect_.: S:feet in the Town of Gra :dile:•. Colorado: thence Nr -_h E9°5:' :;est 23 feet along tins . 'ort`' line o` .... said Sec_Street tee . _rt -`,0'09' Zest 4-: feet: thence Forth 69'51' West 629.: feet;thence North 1°15gest 852.05 a or ne Northcf said 12 thence feet to int _- ��or_ ins .: _ _ _ _ _. : North E9°2E' East 654.: feet along the ..crt.- ._-e of said Section 12 to the point cf beginning, cine_.-._. , 12.89 acres, more or less. • Parc<e''. That parcel of land inclu2ing '-Tray Lane iy_nc East rf the East line o`Gra::.. View Addition .. . 1 to the .-« c`- :r -and :a.'_e_: , Colorado and west of Parcel "A" described above. 3. COLT'.Y 9044 Parcel "A": A parcel cf _and situated in the Lot 3 cf Section -, Township 7 Se nth, Range ' 95 t-test cf the Sixth Principal "girl,:2_ , lying iie.csrly of the Westerly richt-of-way line of a :runty Road as constructed and in place. said parcel of land be:nc described as follows: Becinnirg at a point, whence a rock corner `c._'. n place and properly harked for the t..est Quarter C_ . ner of said Section 7 bears Scut': 1°27'53" :'est 1515. feet: thence North 78°25' gest 59.40 feet to a pcint on the westerly lire of said Section 7; thence ::girth 0°44' West :35.47 feet along the Westerly line of said Sect:en 7; thence South 75'30' Ea#t 192.10 feet; thence South 15'53' gest 1E6.41 feet; th'nce South 73°55' East 130.70 feet to a , int on the We terly right-of-way of sal° County ?cad; thence South 18 35' West 17:.69 feet along the westerly _-c`t-of-way line of said County road; thence North 74°31'34" west 115.62 feet; thence South 10'25'41' west 144.75 feet to the point of beginning, containing 1.937 acres. more cr less. Parcel "a•. A tract of land ...^. ^3'-�� i..tne Swt'i%Ei and Stk:N,ils of Section 12. . cwns.'.ip 7 South, Pangs 9% west, Sixth Principal "eridian, cescriied as fc.lcws: Beginning at a ;tint which bears fr.= the intersection of the „est lire ofParastute Avenue with the `::. th line of the of said Sect -12: Scutt 13.45' East 1'40 feet, vagi ion 15' East; .r�_e ':orth 40045' last 10C feet: thence Ncrth 49'15' west 330 feet; thence ::crth 40°45' East 500 feet to the Nest line ... Parachute Avenue; thence `crth 49'15 `.west 50 feet thence Scutt 4:'45 west feet thence North 49°45 west 450 feet: -hence Sc'__. 40'45' west 4S0 feet to the center cf Parachute :reek; thence dcwn Para- chute Creek to the place cf beginning, _o..ta_n_-g 9 acres, more cr less. C': • -s: `^ I Scuth .=range 9E west Sixth. ?_ i_.:_pa_ 'e_ _dies, Sec- tion I:r E= -- z5w.; Sec___11: All that Ear: cf the _._.:;:•i situ- lyingate, and being ::.rthe:_ cf the -=eas•e:- right-cf-way line of the Ccunty 'bac, as _.cw in ; a:e and :_ns: ---t'., con- taining 63.049 acres. -__e cr less. P'r-e. _ cf l ..'. located in e .. -A' _ :�- e-_ _ ,.. cf 5ec- ninn • rat• . _s..p 7 Scutt, Range 9E ':est, Sixth c__..___a• re____a , described as 4.•-ws . Beginningat a ___ t .hence the Cue:ter CC_ er =c-- r n to Sec_ns .a - -s: Scutt _e -_e :est.-_xt.Prit- i;a1 '0o -"-on boors Ncrth 6C°3:' Zest 2111 nee=' =hen=ce Scutt 5'23' res: 794 foe=; _ ec=e :•:est 595 feet: ^.e^_e • South 17'3' nest 173 feet, zten:e Scutt4955' East 49.. feet; t_`ence Scutt 9.3' Zesn 154 feint: thence :__t.1 2°5' -gest 7E3 feet thence :est 9E_ feet; _hence Nc_-. 2_5 rant- __hence Notth 39•10' :rest 422 feet: thence Nc: 41':'East 455 feet: _'ecce S__-.. °4_ Zest 470 feet: hen:a -•=_tri 4 'S€ East 495 lee_ thence - __t:. °.C' :.es_ IEEE fast --_the ._ glace of beginning, .._-.tae_.--, 43.49 e_res, -::e _r mess. i, CC:C\y 9250 ... - of 3 __ So^• Pence _:__h, -__e 95 ...est,-Sixth9r:rcipal von - <_scr_bed os Beginning - c at apc-.. _ ..`.ecce the West --- --- C= -'e= c_ said Sect 7 bears Scut.. 3°22' west 15:.... fee:. -e-ce ��crth 15'53' Zest 199.41 feet, thence Soot- 73 East 139.90 feet to the Westerly line of U.S. s_ Ewa•. :c. 24: thence Seat.': . _6°35' west 151.45 feet ale-c'the .;ester_y line cf• • II.t E`..a: N. 2`. 1; _hence .:crth 73'55 :west 130.79 fee: to thelnoir.t of beck_...-. g.-_..tai.._ng .36 a:re, .__re or less. Excepting, :—c.ever, the `o_lcwing: X tract described as: ,eci... inc at a^ _ whence the West Cuarter __ner of said bears Scut- 3°22' Nest 1535.67 few _-enCe c-:.':.. 15.53' test 93.25 feet -hence South -4.2' ='st 135.23 feet' to the :esterl• line cf '_5.-ig!wav ',c.r_-e~ a ScL 9'35' west 94.62 feet a:_.. westerly line cf C.S. 8-=,-•wa y 1, . 24: thence `cit73'55 west 130.79 feet -a pciat -a beg.-. S. ccntaerre.on !in ns 29 acre ^ere cr less. b -6- • 8, C_L;,`w'7 5055 The ky of the fo11cw:-•g d scr_`_ed parcel: - All that part cf the SLSz of Section 1. .'L-5~=? 7 South, Rance 9E cf ixth Principal :'err.=_'-., described as nest'.• S- fol cws : ' thehest line of said SE: 458 Beginning at a ccint ea feet f"r'- tne Sc.• west Ccrner of said S -; thence : - South c^ said 13nd to said S.:; _-ence East running tn the Scuth.e!t -r-er cf the SE -S- cf : t Section I; .hence 761 fee: East cn tne Scuth SEt5'-;:: '.f - thence �crt.`: --- :Seth thence:.es- __. the cc. .._ 9. C L: Y 9:69 Parcel 'Af `• ca -ed he SW,-,Sw;1 :f c _ .. .. ad the A par cf land :l- r ria-ce 96 w s _. S:x_.' c_pal Me:- Pr_..- Meridian, descri=ed as `-"-ws: Beginning at the Scutheast Ccrner cf the ^_•• cfSec_e 12. thence Ncrt.': a1: the East line t_ said :'W¼ -_t^d. _c =--- the cerci - tine - - -L u_t; CEG tc e=fc' :s c:--Lr_::..te Creek;•_he s nwe C'- ..c• aandrye --_c t -e Westerly line f s=_ t- al ',Brothers 3e_.e- are. _hen=ce Scutt along and. f -__--. c of a a. levard to the cents ; Para^ a �LS�er1V lite O: said _,.:: center - `�h • the -e-ter of said :reek e Creek; := -e:ee f w �`h ere South he radar?--_-emsf• said' SherCe ` erunning with = the _ace cf beginning,- twin- a : .then acres, ..._re cr less. _ Cel 'A' t.~9 ExceF . , h .ever. `f:c F== ` ran Cf land c r. eyed to Bessie C. -_n da_er ''v geed That certain tract -... _ "tri . at page 246, described as -cws:. recorded ir. Bock 2- _ _ - at - - • ---L hears South 64° East 490 fee - frcifro= .. es c- hwest^Cc:-er cf Section 12. '`ence Ncr_.. 32 3G asE feet' t: =.::a ecu":h 57'53' Zest al, feet: t East 831._ * .0' lest 24: feet to the -=-..t of beginning: thence .:c. � -D. --_. _ at a and alsc, that Ear` `-e-e„t descr::e- as •_ in the Sc tnweste right -o: -way -_-e :f:: _e ..c_ -.t_ cad whence the secticr. goner genion _..=_ct__ns 1, 2,e1_ ;test feet: Se::_': SC end 12 tears Scutt "� 8' _ _: _._...-. _ South 37' West 4:0 `ee =eracture Zest 15C feet: thence Z. North -Sauer line!. thence or Creek (cc to ..e Bessie �.. 57'44' West 98 feet to the Easterly line cf t ---.e lapis: thence e Qs la -e: North 56°30' East 76 feet alcrg Souther. -- ence Ca lane: North 7°30' East 155 feet alcnc 5:� `. line thence North 37' East 297 feet along Scu:..erlY line o: lane to place of beginning. Parcel : cf Township 7 Sc Pence 56 Pert of the tiF.:��z Section 12. _ _... Pence Sixth Principal .'er_'_.ar., described as: Beginning at a cedar cost on the Sei:'_`.wes t sIce cf theCcunty ?cad leeding up =Parachute Cr£ek wt:ch *ears frc" _ "e Northwest corner of t^e N,= NW; of said Sect_c^ 1 Z �^ oh three ch=ains and 70 links; thence South 16 c --ala a - ,.:acs: thence East five chains: thence `c: t -h 11 -na.rs to .e Cot -ay Hcad• thence ':ort: 48'30' West 6 chains and 62 1ibskS t= the pc.nt cf hesinning. -7- Parc(l `C": 9( Mi r Section 12: t:r: 1/4 NE 1:'4 10. COliDNY 9C72 Township 7 South, Panne 9( k. r7f'i 1r7ipal Meridian • tt = :ncifal Meridian Secsion 12: W 1/2 W 1/2 -E ` 4 1;E 7/4, except inq therefrom t: •• 47: feet and the west 2C fey-. 11. _— 9 The f --'-V_• L'esorlted real the town cf .and Valley. ,.. _ -tale cf Lots 13, 14. 15 and 15 of `-.c•• Grand 12. CCLONY oCt? Township 7 South. 9aree 95 west, ft5 . __.field, -Town of Parcel "A" Section 11: E/2 SE/4, cottainang 83.0C a_:es. a Section 12: W/2 Sw/4, containing 83.0C a=rea. Total a :eaae _n -_rcel -. ._:. acres. rarcel "B" Section 12: A plot of ground 100 feet i.. length by 25 feet in width located in Block 1 in Hoz:: is Addition No. 1 to the Town of Grand valley. Colorado in Section 12. Towrshl0 7 South. Range 9t .est, 6th P.M. and descried as aeg^_..:.iag at a pc.:-_ on the East line of Said Blocs 1. 139.5 feet Ni.:th of the Southeast corner of said block 1. thence Lest 100 feet to the west line of said Block. the_:ce North _ along the west line of said Black 25 feet: thence" East 100 feet to the East line of said Block. thence South 25 feet to the place of beginning. A plot of ground in Block 1 in Burinurt's Addition No. 1 to the Grand Valley tcv^.site. being _n the NE/4 SE/4 of Section 12. Towossap 7 Soup. Pa -:e 96 west. 6th P-!1.. descibed as beg ring a: a point 77.5 feet horn=ing Southeasterly a;on: lire of street from the Northeast east corner of said Block 1: thence Southeasterly along line of s _ eet 26 feet: thence Southwesterly at right angles IJO feet: thence Northwesterly at right angles :5 feet: thence Northeasterly at right angles 13: fee: to tbs place of beginning. • A plot of ground in Block 1 of Burlhurt_'s Addition No. 1 to Grand Valley. Colorado. being 25 fee: vide and 100 feet long. and described as beginning at a point 52.5 feet r-"•nq Sootheast.erly a.1cn; to line of street from the Northeast. corner of sell Block 1: thence Southeasterly along lane of s _ eet 25 feet: thence Southwesterly at right angles 100 feet: thence Northwesterly at right angles 25 feet: thence Northeasterly at right angles 100 feet to the place of beginning. A plot of ground is Block 1 of Burlhcr`'■ Add -'rya so. 1 to Grand valley. Colorado. being 2.5 feet yids and 100 feet long. and described as beginning at a point SO feet ruling Southeasterly along the lame of street frca the Northeast corner of sold Block 1; thence Southeasterly along line of street 2.5 feet: thence Sout_.westerly at right angles 100 feet: thence Nortb,esterly at richt angles 2.5 feet: thence North- easterly at richt angles 100 feet to the place of begi.nni nq . Total acreage -. Parcel "E" being .18 acres. 13. PC('NrARY CORRECTIONS The parcel of land in the SE 1 4 2.'W 1/4 and SW 1,'4 Nr. 1/4 of Section 12, T,,wnship 7 South, Rance 96 West, 6th P.M. identified herein as a part of Colony 9047 shall be deemed to have two (.f its boundary lines corrected in accordance with the Boundary Agreement recorded in Book 583 at Pace 629 cf the records of Garfield County, Colorado. A copy of said Boundary Agreement setting forth all of the terms and conditions therecf is by reference into r,rrated herein and rade a part hereof. 14. EXCEPTIONS AND EASEMENTS Excepted from the lands descrited in items•1.,.3,• 5 and 7 above is that part of.said lands which has been the subject of condemnation by the Cohira'dc>; State Department of Highways , as to::provide richt-of-way corridor for the rons.zruction a'nil ultimate operation of Interstate Highway. No, .70, Those lands excepted from the above descriptions."' as a result of said condemnation are those.lands which have been conveyed to the Department.of Highways. Other lands described in items 1, and 7 above are also covered by said condemna'ti'on. and are subject and subservient to Permanent Easements and Access Rights granted to the'Depart- rent of Highways. The Deed conveying said excepted lands and the Permanent Easements and Access Ri^jhts are set forth in the following instruments: (1) :uitclaim De,d dated March 20, 1981 and recorded in the records of Garfield County, Colorado in Book 571 at Page 456. (2) Deed of Access Rights dated March 20, 1981 and recorded in the records of Garfield County, Colorado ir. Book 571 at Page 472. (3) Permanent Easement dated March 20, 1981 and, recorded in the records of Garfield County, Colorado in Book 571 at Page 464. All of the terms and conditions cf the above instruments are by reference incorporated herein. -9- SKETCH COLONY S AGING,: MINOW :: DTVLSION- 0 200 FEET 400 GRAPHIC SCALE 1 INCH - 200 FEET WEST 1/4 COR. SECTION 12 NW 1/4 ECTION 12 600 PROPOSED RIGHT-OF-WAv . f j \ 1 COLONY STAGING AR A PARKING LOT 'PARACHUTE CREEK 1-1nCD --- N