HomeMy WebLinkAbout5.0 Miscellaneous DocumentsSection 5
Miscellaneous Documents
Water Exchange Agreement
Title Commitment (linked title Commitment to be e-mailed to staff planner)
RFTA Private Way License Contracts
Access Easements
Property Deeds
Will Serve Letter from Holy Cross Energy
List of Property Owners within 200 Ft.
Mineral Rights Owners
Statement of Authority
IRMW Minor Subdivision - Sec 5 1
EXCHANGE AGREEMENT
This EXCHANGE AGREEMENT is made and entered into this day of September,
2016, by and between IRMW LLC ("IRMW"), c/o William Rice, as Manager and Member, PO
Box 1252, Carbondale CO 81623; Paul R. Nieslanik and Celia R. Nieslanik (hereinafter "Paul
and Celi"), 481 County Road 100, Carbondale CO 81623; and Timothy M. Nieslanik and Laura
Nieslanik (hereinafter "Timothy and Laura"), 534 County Road 100, Carbondale CO 81623. The
Nieslanik parties are sometimes collectively referred to as the "Nieslaniks".
WHEREAS, IRMW and Paul and Celia own properties along, and across from each other
on, County Road 100; and
WHEREAS, the IRMW property contains approximately sixty (60) acres, and is described
as Assessor's Parcel No. 2393-354-00-056; and
WHEREAS, Paul Nieslanik owns the Mineral Spring and Ditch water right adjudicated in
Civil Action Number 5884 on November 5, 1971 for 2.5 cfs for domestic, irrigation and stock
water purposes; and
WHEREAS, the spring is located on a 35 -acre parcel of property owned by Timothy M.
Nieslanik, described as Assessor's Parcel No. 2393-353-00-053, in close proximity to the IRMW
property which is in need of a physical supply of water for its property; and
WHEREAS, Timothy and Laura own a two -acre parcel of property along County Road
100 at 534 County Road 100, described as Assessor's Parcel No. 23963-353-00-062 ("Nieslanik
CR 100 Property") which is located adjacent to and west of IRMW's property and which shares a
common driveway with the IRMW property, but which driveway is located solely on the IRMW
property; and
WHEREAS, the Nieslanik CR 100 Property has a 20 -foot wide access easement, described
in a Deed recorded in Book 842 at Page 322 of the Garfield County records, which easement is
contained within the common driveway proposed herein; and
WHEREAS, IRMW is willing to do a lot line adjustment with the Nieslanik CR 100
Property to transfer to Timothy and Laura one-half (1/2) of the common driveway property ("Lot
Line Adjustment Property"), as generally shown on attached Exhibit A, and to construct a road
1
IRMW Minor Subdivision - Sec 5 2
over the location of its new water pipeline, in exchange for fifteen (15 GPM) gallons per minute
(0.33 cfs) of the Mineral Spring and Ditch water right from Paul Neislanik; and
WHEREAS, the parties desire to set forth their agreement in writing.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree
as follows:
1. Lot line Adjustment Approval.
IRMW, at its sole expense, shall use its best efforts to obtain approval of a lot line adjustment
between the Nieslanik and IRMW property, as generally shown on Exhibit A, attached hereto and
incorporated herein by reference. The lot line adjustment is intended to create the common lot line
between the two properties on the centerline of the common access driveway. Nieslaniks agree to
support this approval at no cost to Nieslaniks. Such approval shall be on such terms and conditions
as are approved by IRMW and Tim and Laura Neislanik shall mutually agree.. IRMW shall reserve
a utility easement across a portion of the Lot Line Adjustment Property, and an access easement
thirty (30') feet in width located west of the east property line of the Lot Line Adjustment Property,
all as generally shown on Exhibit A. Tim and Laura Nieslanik and IRMW shall execute any
documents reasonably required by Garfield County in connection with the lot line adjustment
process and approval.
2. Conveyance of Mineral Spring and Ditch water right to IRMW; Responsibilities
of the Parties.
Upon approval by Garfield County of the lot line adjustment set forth in Paragraph 1 above,
IRMW shall record the lot line adjustment plat, and Paul and Celia Neislanik shall simultaneously
deliver to IRMW a Quitclaim Deed conveying to IRMW fifteen (15 GPM) gallons per minute
(0.33 cfs) of the Mineral Spring and Ditch water right. IRMW shall have the right to connect a
pipeline to the existing pipeline owned and used by Paul and Celia in a location southwest of
IRMW's Subdivided Parcel on the Nieslanik CR 100 Property and the Tim Neislanik 35 acre
parcel, in the location shown generally on Exhibit A , which pipeline shall be owned, constructed
and maintained by IRMW at its sole expense. Tim Neislanik agrees to grant an easement for the
pipeline, once constructed, to IRMW twenty (20) feet in width (ten (10) feet on each side of the
pipeline. IRMW shall fully restore and remediate the Nieslanik CR 100 Property after installation
of the pipeline within thirty (30) days, and shall construct a gravel road over the area of such
pipeline which road may be used by Neislaniks for the purpose of accessing the spring. IRMW
shall also construct and maintain at its expense a holding tank, located entirely on its property,
approximately 3000 gallons in size to utilize the water for its purposes. The holding tank shall
overflow excess water back to the Mineral Spring Ditch. IRMW shall also install at its expense a
flow restrictor pursuant to the direction of a Colorado professional engineer in the pipe as it enters
2
IRMW Minor Subdivision - Sec 5 3
the holding tank to insure that IRMW only utilizes a maximum of fifteen (15 GPM) gallons per
minute. Paul Neislanik shall own, operate, maintain, repair and replace the diversion structure and
the Paul Neislanik pipeline at its sole expense. IRMW agrees and acknowledges that Timothy and
Laura also utilize the Mineral Spring and Ditch for domestic purposes on the Nieslanik CR 100
Property. IRMW agrees to not interfere at any time with the proper use by the Nieslaniks of their
Spring, Ditch, pipeline or other water structures, and to indemnify and hold harmless the
Nieslaniks from any loss, damage or injury caused by IRMW in the installation, operation,
maintenance or repair of its pipeline or holding tank.
3. Use of the Water by IRMW.
IRMW may use the water right for its decreed purposes. IRMW may also, at its sole expense,
obtain a water allotment contract from the Basalt Water Conservancy District ("BWCD") to allow
IRMW to use the water for commercial purposes on the IRMW Subdivided Parcel. Such use shall
be pursuant to the BWCD augmentation plan decreed in Case No. 02CW77 (Water Division No.
5). IRMW shall not change the Mineral Spring water right decreed uses or point of diversion.
Neislaniks shall not oppose IRMW obtaining such BWCD contract or IRMW's commercial use,
provided that the maximum physical flow of water of 15 GPM contained herein is not exceeded.
4. Use of Common Access Easement.
As generally shown on Exhibit A, the lot line adjustment plat will dedicate a sixty (60') foot
common access easement ("Common Access Easement"), thirty (30') feet on each side of the new
common lot line between the IRMW Subdivided Parcel and the Neislanik CR 100 Property for the
benefit
of both properties. The parties shall share equally in the costs of maintenance, repair and
replacement of the road within such common access easement. Tim Neislanik may also use the
common access easement to access his 35 acre parcel. IRMW and Timothy and Laura agree that a
sixty (60') foot access easement for the benefit of Ute Electric and its successors and assigns
already exists on the proposed Common Access Easement pursuant to the instrument recorded in
the Garfield County Records as Reception Number 304903.
5. Termination If Conditions Precedent Are Not Satisfied.
The approval of the lot line adjustment required by Garfield County as set forth in Paragraph 1
above is a condition precedent to the implementation of this Exchange Agreement. In the event
such approval is not obtained by December 31, 2016, then this agreement shall be null and void
and of no further force and effect.
6. Subdivision of the IRMW Property.
3
IRMW Minor Subdivision - Sec 5 4
IRMW intends to create the 2.097 acre parcel labeled as Parcel 1B on attached Exhibit A through
the Garfield County land use process. Neislaniks agree not to oppose such approval. Approval of
IRMW's subdivision application shall not be a condition precedent to this Exchange Agreement.
7. Realignment of the Neislanik pipeline.
With the prior written consent of Paul and Celia Neislanik, which consent shall not be
unreasonably withheld, conditioned or delayed, IRMW at its sole expense may realign the
Neislanik pipeline as it traverses the IRMW Parcel to a location along the western and southern
edge of the IRMW property; provided however the realignment shall no interfere with the delivery
of water to Paul and Celia Neislanik and shall exit the IRMW property in the same location it has
historically.
8. Attorney Fees and Costs.
In the event of litigation to enforce this agreement, the substantially prevailing party shall be
entitled to reasonable attorney fee and costs.
9. Binding Effect.
This agreement shall be binding upon and inure to the benefit of their heirs, successors and assigns
of the parties.
10. Entire Agreement.
This agreement constitutes the entire agreement and understanding of the parties with respect to
the subject matter hereof.
11. Cooperation.
The parties shall cooperate to carry out the terms, conditions and intent of this agreement.
12. Covenants Run with Land. This Agreement, and the easements, covenants
andrestrictions granted herein shall run with the land and be binding upon the parties
and their heirs, successors and assigns.
[The balance of this page left intentionally blank]
4
IRMW Minor Subdivision - Sec 5 5
IN WITNESS WHEREOF, the parties have executed this Exchange Agreement on the
date first written above.
IRMW LLC PAUL R. NIESLANIK TIMOTHY M.
NIESLANIK
By: William Rice,
Manager and Member
NIESLANIK
CELIA R. NIESLANIK LAURA
5
IRMW Minor Subdivision - Sec 5 6
Rev. 03/13
APPLICATION FOR WATER ALLOTMENT CONTRACT
BASALT WATER CONSERVANCY DISTRICT
1. Applicant(s) Contact Information
a. Name: IRMW LLC,
A Colorado limited liability company
b. Mailing Address: c/o William W. Rice, Manager and Member
PO Box 1252
Carbondale CO 81623
c. Street Address: 1058 County Road 100
Carbondale CO 81623
d. Telephone Numbers: (970) 379-4909
e. Email Address: billrice@sopris.net
f. If Applicant is represented by an Attorney, please provide the Attorney's
contact information, including name, address, telephone, and email:
Loyal E. Leavenworth
Leavenworth Consulting LLC
PO Box 1530
Carbondale CO 81623
(970) 948-2261
lel@lellaw.net
2. Emergency Local Contact Information, including name, address, telephone, and
email: See a through e, above.
a. Contact Information of property manager, caretaker, irrigator, system
operator, or agent who should be provided a copy of this contract,
including name, address, telephone, and email: N/A
IRMW Minor Subdivision - Sec 5 7
Basalt Water Conservancy District
Water Allotment Application
Page 2
3. Type of land use (development) proposed for water allotment contract (i.e. single
family home, subdivision, gravel pit, etc.): Commercial uses on a 2 acre parcel
4. Legal description and address of property on which District's water rights and/or
contract water will be used (attach map and vesting deed with proof of
ownership)*: See attached. 1058 County Road 100, Carbondale CO P81623.
5. Elevation of property: X 6-7,000 ft., 7-8,000 ft., 8-9,000
ft.
6. Name and legal description of water supply diversion point(s):
Name of Diversion Mineral Spring and Ditch
Type of Diversion Spring (e.g., a well, spring, ditch,
pipeline, etc.)
Legal Description: _NW Quarter, NW Quarter, Section _2_,
Township _8 5, Range 88 W, of the 6" Principal Meridian, at a location
701
feet from the N Section line and
725 feet from the W Section line.
UTM Coordinates (NAD 83):
Northing:
Easting:
Zone 12 / Zone 13.
If diversion point is a well, please provide the Well Permit No.
Is the well operational/active?
Yes, No
IRMW Minor Subdivision - Sec 5 8
Basalt Water Conservancy District
Water Allotment Application
Page 3
Is there currently an operating well meter? Yes, No
Notice: A valid well permit with operating well meter will be required under the
contract.
7. Legal Water Supply: (please check one)
X Applicant requests consideration by the District to be included in the
District's Umbrella Plan for Augmentation decreed in Case No. 02CW77.x-
*Note: Certain applicants may qualify to be included in the District's
Umbrella Plan at the District's discretion. In order to be included in
the District's Umbrella Plan, the Applicant's depletions must occur
within the District's defined "Area A" and the Applicant must
reimburse the District its pro rata share of the District's expenses in
obtaining the Umbrella Plan decree. Costs of reimbursement are
contingent upon location and intensity of the uses, and range from
$1,200 for contractees with less than 2 units (EQRs) in certain areas,
to S5,000 for more than 8 EQRs in Area A-3 (generally the Roaring
Fork drainage above its confluence with the Fryingpan Rivers).
Applicant will obtain its own plan for augmentation by applying to the
Water Court, Water Division 5 within 2 years of this application. If Applicant
has already applied for its own change/approval of plan for augmentation, the
Water Court Case Number is:
8. Proposed waste water treatment system: (please check)
Tap to central waste water treatment facility
X Septic tank/leachfield system
Evapotranspiration system
Other:
9. Proposed use of water (please check)
IRMW Minor Subdivision - Sec 5 9
Basalt Water Conservancy District
Water Allotment Application
Page 4
Domestic/Municipal (single family home(s), duplex(s), condominium(s),
mobile home(s), apartment). Please complete page four of this
application.
X Commercial (hotel, office, warehouse, restaurant, bar, retail). Please
complete page five of this application.
Industrial (gravel pit, manufacturing). Please complete page six of this
application.
Agricultural (crop irrigation, stock watering). Please complete page seven
of this application.
Date on which the county or other applicable governmental entities approved the land
use for which you seek legal water service: Zoned with original zoning by Garfield
County in 1973 . (Note: Copy of the Resolution of other documentation
evidencing such approval should be submitted with application.)
10. What other water rights are associated with or used on the property? None
11. What other uses of water occur on the property? None, only uses identified
herein on page 5.
IRMW Minor Subdivision - Sec 5
10
Basalt Water Conservancy District
Water Allotment Application
Page 5
Please complete the section below if you selected domestic/municipal use on Page 3,
No. 8
DOMESTIC/MUNICIPAL WATER USES
In -House
Single family residential home(s) Number of Units:
Duplex(s) Number of Units:
Condominium(s) Number of Units:
Apartment(s) Number of Units/Rooms:
Mobile Home(s) Number of Units:
Irrigation (lawns, parks, open space)
Total area to be irrigated Sq. Ft. or Acres
Type of irrigation system (please check)
Sprinkler
Flood (irrigation ditch)
Domestic stock watering (cattle, horses)
Number of animals:
Period of use (months):
Other domestic/municipal uses not listed:
IRMW Minor Subdivision - Sec 5
11
Basalt Water Conservancy District
Water Allotment Application
Page 6
Please complete this page if you selected commercial use on Page 3, No. 8
COMMERCIAL WATER USES
In -House
Hotel:
Office(s), square footage:
Warehouse/distributor, square footage:
Retail, square footage:
Restaurant, number of seats:
Sar, number of seats:
Irrigation (lawns, parks, open space)
Total area to be irrigated 5000 Sq. Ft. or
Type of irrigation system (please check)
X Sprinkler
Flood (irrigation ditch)
Acres
Other Commercial Uses Not Listed: Storage and warehouse structures containing
10,000 square feet, 500 square feet of which will be
an office;
and four (4) bathrooms.
IRMW Minor Subdivision - Sec 5 12
Basalt Water Conservancy District
Water Allotment Application
Page 7
Please complete this page if you selected industrial use on Page 3, No. 8
INDUSTRIAL WATER USES
Please describe your industrial development in some detail:
Irrigation (lawns, parks, open space)
Total area to be irrigated
Sq. Ft. or Acres
Type of irrigation system (please check)
Sprinkler
Flood (irrigation ditch)
IRMW Minor Subdivision - Sec 5 13
Basalt Water Conservancy District
Water Allotment Application
Page 8
Please complete this page if you selected agricultural use on Page 3, No. 8.
AGRICULTURAL WATER USE
Irrigation
Type of crop(s) (pasture, alfalfa, beans, etc.) and irrigation system:
Crop: Acres: Sprinkler: Flood:
Crop: Acres: Sprinkler: Flood:
Crop: Acres: Sprinkler: Flood:
Crop: Acres: Sprinkler: Flood:
Stock Watering (cattle, horses)
Number of animals:
Months of use:
Other agricultural uses not listed:
IRMW Minor Subdivision - Sec 5
14
Basalt Water Conservancy District
Water Allotment Application
Page 9
VERIFICATION
STATE OF ,COLORADO )
) ss.
COUNTY OF _GARFIELD )
I, William W. Rice, Member and Manager of IRMW LLC (name of Applicant or
Applicant's duly authorized representative), being first duly sworn, upon oath, depose
and state as follows:
1) I am the Applicant or a duly authorized officer, manager, agent or attorney-in-fact
for the Applicant for this Application for Water Allotment Contract;
2) I have read and know the contents of this Application;
3) The information contained herein is an accurate and complete description of the
Applicant's intended use of the Basalt Water Conservancy District's water rights;
4) The Applicant acknowledges that the accuracy and truth of all statements in this
Application are conditions of approval of this Application by the Basalt Water
Conservancy District and of the Contract to be made pursuant to such approval; and
5) I acknowledge that this application shall be subject to the District's Water Allotment
Contract as approved and issued by the District.
Date: 9 — a 1v J Cp
IRMC L,
By: G/ if
Print Name: William W. Rice
Title: _Manager and Member
Subscribed and sworn before me this day of , 2016 by
William W Rice, as Member and Manager of IRMW LLC.
ANDERSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20114056005
MYCOMMISSION EXPIRES SEPT. 8, 2019
y com
Notary Public
IRMW Minor Subdivision - Sec 5
15
a o3YYz
zi,rn-o
V�imp,o 0n —1
mC0 Zm "IO
m-oown Di
-
z„mn in 0
2
nZNQm I'D Z
00°0Z O Z C
m i.
2 G1 9
m m 0> -1
o q < Z O 6
m-,� ro Z
n x' 0 o
rn�&Tr- N 1,.1-1 = h r^W
Fl W Z
o<m=> uWi
z-<H7� W 70
Lo 2 m- C O c
OnZooC CD
i
z o < c +cn 70
m
m m m -
oozZXn
m n -I = O
zE<
onz
�
m Z m m
< {n
ZO v+r
-1Z
z0
r
O
O0
A
W Q] O
tn0y
• ;zn
P3 o
• n z
m0m�n
23 1r) y
C Z
-o O -
Xi m
mmW
Z • w
0
W
N
0
0
w
0
Crg
1-
V
a
�!9!4xa bLCti
e00T = „1 31\DS
0
-10
{1,
z
z
m
Z
G.)
r
Cao
r
ami fl
n V)
ro
n
z C 7J
cn cil
3 m�
✓
C/)
c
3sndO33'dld=
m —
z
O
N r-
Lu
CD n
W >
Cn 70
Qm
O r
O
CJl
Ql
IRMW Minor Subdivision - Sec 5
16
2-
11111111111111111111111111111111111111!JJJ 1111! 11111111
639700 10/30/2003 02:45P 01533 P665 M PLSDORF
1 of 4 R 21,00 D 160.00 GARFIELD COUNTY CO
ketlotdcr.
WARRANTY DEED
THIS DEED, Made this ZZid clay of October, 2003, between
MIDCON REALTY, LLC, a Limited Lieblll[y Contpany duly
organized and existing under and by virtue of the laws of the
State of Delaware, grantor, and IRMW, LLC, a Limited Liability
Company duly organised and existing under and by virtue of the
laws of the State of Colorado, grantees, whose legal address Is
P.O. box 1232, Carbondale, Colorado 81623,
WITNESSETH, That the grantor, for and in consideration of
valuable considerations, the receipt and sufficiency or which is htereby acknowledgehe sum of Ten d, hrs asgranted, bargained,
sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its
successors and assigns forever, all the real property together with Improvements, if any, situate, lying and being
the County of Garfield and State of Colorado, described as follows:
All of the real property described on Exhibit "A" hereto,
TOGETHER, with all And singular the hereditaments and appurtenances thereunto belonging or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rcnhs, issues and profits thereof; nnd
all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and
to the above bargained premises, with the hereditaments and appurtenances.
TO HAVI AND TO HOLD the said premises above bargained and described, with the appurtenances, unto
the grantee, its successors and assigns forever. And the grantor for itself Its successors and assigns, does
covenant, grant, bargain and agree to and with the grantee, Its successors nnd assigns, that at the time of the
enaealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and
lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales. liens, taxes, assessments, incumbrances and
restrictions of whatever kind or nature soever, except taxes for 2003, due in 2004, and except existing
easements and tights of way of record; reservations and exceptions contained in United States patents; and
existing leases nnd tenancies listed and described on Exhibit "A" hereto, The grantor shall and wit!
WARRANT AND FOREVER. DEFEND the above bargained premises in the quiet and peaceable possession of
the grantee, its successors and assigns, against all and every person or persons lawfully claiming or to clams the
whole or any port thereof,
IN WITNESS WHEREOF, The grantor has caused its name to be hereunto subscribed by its
Manager the day and year first above written,
STATE OF COLORADO
COUNTY OF GARFiELD
MTDCON REALTY, LLC
The oregein instrument was acknowledged before ale thisZI.4 day of NC:/Gym
2003, by 1124.u/J as `�'ytQA. f (�� of MiDCON REALTY,
LLC, a Delaware Limited Liability Contpany,
Witness my hand
to It LIPSCOMB
NOTARY PUBLIC
STATE OF COLORADO
my commission expires:21'
axe
Notary Public
5oxis Cn inecr'n C 2 Mtttj„_Street, S4kttA3,Corbondnje, CO 81623
Name and Address of Person Creating Newly Created Legal Description (§ 38.35.1n8.5,
Re L Y1
IARTEI1T & WIL5ON
I0 ie,NTI-t STREET
1LI±NWOOT) SPRINGS, CO 81601
CI.rJ��I 1�3
IRMW Minor Subdivision - Sec 5
tA3
011
a, 0:, i7
EXHIAILLA
TO WARRANTY DEED FROM MIDCON REALTY, LLC
TO IRMW, LLC
A parcel of land aitnattsd in the S '/, of Section 35. Township 7 South, Range 88 West of the Gih ,Principal
Ivlcridian, the SW 1/i of Section 36, To4lship 7 South, Range 88 West of the Gth Principal Meridian, the
NW 1/, of Section 1, Township 8 South, Range 88 West of the 6c/' Principal Meridian rind the N''/1 of
Section 2, Township 8 South, .Range 88 West of the be" Principal Meridian, Garfield County, Colorado.
Said parcel of land being moan particularly described as follows;
Beginning at the S V, Corner of Section 35 n rebar with an. aluminum cap found in placo and marked L.S.,
#15710; thence along the southerly boundary of said Section 35, N.89°32'26"W., a distance of 810.37 feet
to the easterly boundary of a parcel of laud described in Book 829 at Page 41 of the Garfield County
records; thence along said easterly boundary of said parcel N.00°13'16'W., a distance of 64.1.20 feet to a
point being 150.00 feet southerly of the southerly Right -of -Way line of the main line of the D,&1.,G.
Railroad; thence along the northerly line of said parcel 408,16 feet along a non -tangent curve to the right,
having a radius of 6,019.95 feet, a central angle of 03°53'05", (chord bears N.82°34'52"W. it distance of
408.08 feat ; thence continuing along said northerly boundary N.80°40'46"W., a distance of 642.23 feet to
a found 4 6 rebar with being the northwesterly corner of said parcel described. in Book 829 lit Page 41;
thence N.80°44'48"W., a distance of 94,30 feet to a found rcbar with cap marked L.S. 41.5710 and being on
the easterly boundary of a parcel of land described in Book 905 at Page 347; thence along i;aid easterly
boundary N.08°13'46" E., a, distance of 150.42 feet to a point being on the southerly Tright -.t, f•Way line and
being 50.00 .feet southerly of the centerline of the D.&R.G..raiiroad; thence continuing on said southerly
Right -of -Way line the following five (5) courses;
1) S.80°44'38"E., a distance of 770.70 feet;
2) G88.96 feet along the are of a curve to the left, having a radius of 5776.78 feet, a central Ingle of
06°50'00", (chord bene S 84°09'38" E, a distance of 688.55 feet); thence
3) S,8734'36"E., a distance of 2237.00 foot;
4) 356.08 feet along the, arc of a curve to the left, having a radius of 5774.17 feet, a central aogle of
03°32'00", (chord bears S 89°208" B, a distance of 356.03 feet);
5) N.88°53'22"I3., a distance of 1,314.26 feet; to a point being the northwesterly comer of a parcel of land
described in Book 913 at Page 635 of the Garfield County records; thence leaving said O,&R.O, railroad
Right -of -Way and along said parcel of land described in Book 913 at Page 635 the following three (3)
courses
1) 5.00°00'00"E., a distance of 300.70 feet to a found robar with cap. L.S. 415710:
2) 5.52°22'35" 1w., a distance of 708.14 feet; (said comer being monurnented with a found witness comer
marked L.S. #19598, N.52°22'35"W a distance of 120,00 feet);
3) 8.89°24'40"E., a distance of 56.36 feet to point being on the southerly boundary of said parcel
described in.. Book 913 at Page 635: thence leaving said parcel and to the northeasterly corner of a parcel
of land described in Book 967 at Page 777 of the Garfield County records 5.00°35' 14"E., a distance of
59.10 feet; thence along the northerly boundary of said parcel of land recorded in Book 967 at Page 777 of
the Garfield County records the following four(4) courses:
1) 5.89°37'l l "W., a distance, of 536.89 feet;
2) S.80°18'19"W., a distance of 1,201.68 feet;
3) N.88°26'42"W,, a distance of 1.198.34 feet;
1 111111 11111 11111111111 111111 11111 11111 (11 11111 1111 1111
639700 10/30/2003 02:45P 01533 P686 M RLSDORF
2 of 4 R 21.00 D 160.00 GARFIELD COUNTY CO
-IRMW Minor Subdivision.- Sec 5
18
4) N.72`4555"W., a distance of 983.25 .feet; to the southerly lint of said Section 35 ;
thence along the southerly line of said Section 35 N.89`3226"W., a distance of 187,62
feet; to the point of beginning. Said parcel of land containing 95.313 acres, more or less.
Together with that certain easement for roadway access and utilities set forth and described in
Easement Agreement recorded as Reception No. 535309 of the records of Garfield County,
Colorado.
Together also with all water rights, well rights, well permits and water service contracts with
Basalt Water Conservancy District in connection with plans of augmentation, provided that any
such water rights tire conveyed by special warranty.
Any existing Private Way Licenses providing access to the above-described lands over and
across the railroad corridor adjoining the property are transferred without warranty whatsoever.
1111111111111111111111111II1I 11111111E 111 11111 1111 III!
639700 10/30/2003 02:45P 61533 P687 M ALSDORF
3 of 4 R 21.00 D 160.00 GARFIELD COUNTY CO
IRMW Minor Subdivision - Sec 5
19
t
1111111 11111111111111111111111111111111 III 1111111111111
639699 10/30/2003 02.43P B1533 P684 M ALSDORF
1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO
Name of Entity:
Type of Entity:
Mailing Address:
Persons Authorized to Execute
Instruments Affecting Title to
Real Property:
Restrictions on Authority:
Date: October, 2003
State of Colorado
County of Garfield
) ss.
)
STATEMENT OF AUTHORITY
(C.R.S. 38-30172)
IRMW, LLC
Colorado limited liability company
1058 County Road 100
P.O. Box 1252
Carbondale, CO 81623
John C. Martin, Manager and Member
Or
William Rice, Manager and Member
None
The following are all of the Managers and
Mem b s of IRMW, LL
c, It 1 GL
Jahn C. Martin
William Rice
The foregoing instrument was acknowledged before me this aay of October, 2003,
by John C. Martin and William Rice as the sole Managers and Members of IRMW, LLC.
ELLEN M. LIPSCOMB
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Sept. 21, 2006
My commission expires:
Notary Public
=
IRMW Minor Subdivision - Sec 5
/ro f,Ci-
t//8,7L642/
)
t//8L642 / 5,,j2 Gc
20
61t
Land Title
Customer Distribution
Property Address: 1058 COUNTY ROAD 100, CARBONDALE, CO 81623
Our Order Number: ABS63010692
Date: 05-04-2016
For Title Assistance
SUSAN MOYA
2454 PATTERSON RD #100
GRAND JUNCTION, CO 81505
970-248-3883 (phone)
970-241-1593 (fax)
smoya@ltgc.com
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
MARK CHAIN CONSULTING LLC
Attention: MARK CHAIN
811 GARFIELDAVE
CARBONDALE, CO 81623
970-309-3655 (work)
mchain@sopris.net
Delivered via: Electronic Mail
IRMW Minor Subdivision - Sec 5 21
rigi
La ndTfte
iJ lihnro.4m•.ur1n�•r
S,rAar.l.o---
Land Title Guarantee Company
Estimate of Title Fees
Order Number: ABS63010692 Date: 05-04-2016
Property Address: 1058 COUNTY ROAD 100, CARBONDALE, CO 81623
Buyer/Borrower: A BUYER TO BE DETERMINED
Seller: IRMW, LLC, A LIMITED LIABILITY COMPANY
Visit Land Title's website at www.ltgc.com for directions to any of our offices.
Estimate of Title Insurance Fees
TBD Commitment
$199.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Total
$199.00
THANK YOU FOR YOUR ORDER!
IRMW Minor Subdivision - Sec 5
22
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Property Address:
1058 COUNTY ROAD 100, CARBONDALE, CO 81623
1. Effective Date:
04-27-2016 At 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
Order Number: ABS63010692
Customer Ref -Loan No.:
3. The estate or interest in the land described or referred to in this Commitment and covered
herein is:
A FEE SIMPLE, AS TO PARCELA
EASEMENT AS TO PARCEL B
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
IRMW, LLC, A LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
PARCEL A:
A PARCEL OF LAND SITUATED IN THE S 1/2 OF SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF
THE 6TH PRINCIPAL MERIDIAN, THE SW1/4 OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF
THE 6TH PRINCIPAL MERIDIAN, THE NW 1/4 OF SECTION 1, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF
THE 6TH PRINCIPAL MERIDIAN AND THE N 1/2 OF SECTION 2, TOWNSHIP 8 SOUTH, RANGE 88 WEST
OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO. SAID PARCEL OF LAND BEING
MORE PARTICULARY DESCRIBED AS FOLLOWS:
BEGINNING AT THE S 1/4 CORNER OF SECTION 35 A REBAR WITH AN ALUMINUM CAP FOUND IN
PLACE AND MARKED L.S. #15710; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID SECTION 35,
N 89 DEGREES 32' 26" W, A DISTANCE OF 810.37 FEET TO THE EASTERLY BOUNDARY OF A PARCEL OF
LAND DESCRIBED IN BOOK 829 AT PAGE 41 OF THE GARFIELD COUNTY RECORDS; THENCE ALONG
SAID EASTERLY BOUNDARY OF SAID PARCEL N 00 DEGREES 13' 16" W, A DISTANCE OF 643.20 FEET
TO A POINT BEING 150.00 FEET SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF THE MAIN
LINE OF THE D. & R.G. RAILROAD; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 408.16
FEET ALONG A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 6019.95 FEET, A CENTRAL
ANGLE OF 03 DEGREES 53' 05", (CHORD BEARS N 82 DEGREES 34' 52" W, A DISTANCE OF 408.08 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N 80 DEGREES 40' 46" W, A DISTANCE OF
642.23 FEET TO A FOUND #6 REBAR WITH BEING THE NORTHWESTERLY CORNER OF SAID PARCEL
DESCRIBED IN BOOK 829 AT PAGE 41; THENCE N 80 DEGREES 44' 48" W, A DISTANCE OF 94.30 FEET
TO A FOUND REBAR WITH CAP MARKED L.S. #15710 AND BEING ON THE EASTERLY BOUNDARY OF A
PARCEL OF LAND DESCRIBED IN BOOK 905 AT PAGE 347; THENCE ALONG SAID EASTERLY BOUNDARY
N 08 DEGREES 13' 46" E, A DISTANCE OF 150.42 FEET TO A POINT BEING ON THE SOUTHERLY RIGHT-
OF-WAY LINE AND BEING 50.00 FEET SOUTHERLY OF THE CENTERLINE OF THE D. & R.G. RAILROAD;
THENCE CONTINUING ON SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES:
IRMW Minor Subdivision - Sec 5
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: ABS63010692
Customer Ref -Loan No.:
1) S 80 DEGREES 44' 38" E. A DISTANCE OF 770.70 FEET;
2) 688.96 FEET ALONG THE ARC OFA CURVE TO THE LEFT, HAVING A RADIUS OF 5776.78 FEET, A
CENTRAL ANGLE OF 06 DEGREES 50' 00", (CHORD BEARS S 84 DEGREES 09' 38" E, A DISTANCE OF
688. 55 FEET); THENCE
3) S 87 DEGREES 38' 48" E, A DISTANCE OF 2237.00 FEET;
4) 356. 08 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 5774.17 FEET, A
CENTRAL ANGLE OF 03 DEGREES 32' 00", (CHORD BEARS S 89 DEGREES 20'38" E, A DISTANCE OF
356.03 FEET);
5) N 88 DEGREES 53' 22" E, A DISTANCE OF 1314.26 FEET; TO A POINT BEING THE NORTHWESTERLY
CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 913 AT PAGE 635 OF THE GARFIELD COUNTY
RECORDS; THENCE LEAVING SAID D & R G RAILROAD RIGHT-OF-WAY AND ALONG SAID PARCEL OF
LAND DESCRIBED IN BOOK 913 AT PAGE 635 THE FOLLOWING THREE (3) COURSES:
1) S 00 DEGREES 00' 00" E, A DISTANCE OF 300.70 FEET TO A FOUND REBAR WITH CAP L.S. #15710;
2) S 52 DEGREES 22' 35" E, A DISTANCE OF 708.14 FEET; (SAID CORNER BEING MONUMENTED WITH A
FOUND WITNESS CORNER MARKED L.S. #19598, N 52 DEGREES 22' 35" W A DISTANCE OF 120.00
FEET);
3) S 89 DEGREES 24' 40" E, A DISTANCE OF 56.36 FEET TO A POINT BEING ON THE SOUTHERLY
BOUNDARY OF SAID PARCEL DESCRIBED IN BOOK 913 AT PAGE 635; THENCE LEAVING SAID PARCEL
AND TO THE NORTHEASTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 967 AT PAGE 777
OF THE GARFIELD COUNTY RECORDS S 00 DEGREES 35' 14" E, A DISTANCE OF 89.10 FEET; THENCE
ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL OF LAND RECORDED IN BOOK 967 AT PAGE
777 OF THE GARFIELD COUNTY RECORDS THE FOLLOWING FOUR (4) COURSES:
1) S 89 DEGREES 37' 11" W, A DISTANCE OF 536.89 FEET;
2) S 80 DEGREES 18' 19" W, A DISTANCE OF 1,201.68 FEET;
3) N 88 DEGREES 26' 42" W, A DISTANCE OF 1198.34 FEET;
4) N 72 DEGREES 45' 55" W, A DISTANCE OF 983.25 FEET; TO THE SOUTHERLY LINE OF SAID SECTION
35; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 35 N 89 DEGREES 32' 26" W, A DISTANCE
OF 187.62 FEET TO THE POINT OF BEGINNING.
PARCEL B:
TOGETHER WITH THAT CERTAIN EASEMENT FOR ROADWAY ACCESS AND UTILITIES SET FORTH AND
DESCRIBED IN EASEMENT AGREEMENT RECORDED AS RECEPTION NO. 535309 OF THE RECORDS OF
GARFIELD COUNTY, COLORADO.
COUNTY OF GARFIELD
STATE OF COLORADO
Copyright 2006-2016 American Land Title Association. AU Rights Reserved
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
IRMW Minor Subdivision - Sec 5
AMERICAN
ITLE
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B-1
(Requirements)
Order Number: ABS63010692
The following are the requirements to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record, to -wit:
1. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS
THERETO FOR IRMW, LLC, A LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE
GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE,
ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION.
2. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR
IRMW, LLC, A LIMITED LIABILITY COMPANY RECORDED OCTOBER 30, 2003 AT RECEPTION NO.
639699 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES JOHN C. MARTIN AND WILLIAM RICE AS THE
MANAGERS/MEMBERS AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR
OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS
INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED.
3. RELEASE OF MORTGAGE DATED OCTOBER 22, 2003, FROM IRMW, LLC, A LIMITED LIABILITY
COMPANY FOR THE USE OF JOHN C. MARTIN TO SECURE THE SUM OF $1,100,000.00 RECORDED
OCTOBER 30, 2003, IN BOOK 1533 AT PAGE 732 UNDER RECEPTION NO. 639706.
NOTE; MODIFICATION OF MORTGAGE DEED RECORDED MAY 25, 2012 UNDER RECEPTION NO.
819164.
4. RELEASE OF DEED OF TRUST DATED JULY 01, 2015 FROM IRMW, LLC, A LIMITED LIABILITY
COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF JCM, LLLP TO
SECURE THE SUM OF $200,000.00 RECORDED OCTOBER 12, 2015, UNDER RECEPTION NO. 869165.
5. RELEASE OF DEED OF TRUST DATED JULY 01, 2015 FROM IRMW, LLC, A LIMITED LIABILITY
COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF THE JENNIFER M.
LOWELL TRUST DATED FEBRUARY 15, 2011 TO SECURE THE SUM OF $100,000.00 RECORDED
OCTOBER 12, 2015, UNDER RECEPTION NO. 869166.
6. WARRANTY DEED FROM IRMW, LLC, A LIMITED LIABILITY COMPANY TO A BUYER TO BE
DETERMINED CONVEYING SUBJECT PROPERTY.
IRMW Minor Subdivision - Sec 5 25
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: ABS63010692
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a
public agency that may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8. EXISTING LEASES AND TENANCIES.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED JULY 21, 1892, IN BOOK 12 AT PAGE 177.
10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED JUNE 01, 1899, IN BOOK 12 AT PAGE 510 AND RECORDED
JUNE 1, 1899 IN BOOK 12 AT PAGE 511.
11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 01, 1899, IN BOOK 12 AT
PAGE 510 AND AT PAGE 511.
12. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 28, 1943, IN BOOK 201 AT
PAGE 593.
13. EXCEPTING AND RESERVING TO THE UNITED STATES ALL THE COAL AND OTHER MINERALS
TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS SET FORTH
IN PATENT RECORDED JUNE 28, 1943, IN BOOK 201 AT PAGE 593.
14. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS
IRMW Minor Subdivision - Sec 5 26
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: ABS63010692
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
TOGETHER WITH THE RIGHT OF ENTRY AS RESERVED IN INSTRUMENT RECORDED NOVEMBER
24, 1958 IN BOOK 312 AT PAGE 390, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS
THEREIN.
15. EASEMENTS, RIGHTS OF WAY AND COVENANTS AS SET FORTH IN WARRANTY DEED RECORDED
JUNE 23, 1954, IN BOOK 277 AT PAGE 175 AND IN WARRANTY DEED RECORDED MAY 13, 1960 IN
BOOK 326 AT PAGE 30.
16. EASEMENT FOR JOINT ROADWAY PURPOSES AS RESERVED IN WARRANTY DEED RECORDED
APRIL 24, 1967 IN BOOK 383 AT PAGE 558.
17. UTILITY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COMPANY IN INSTRUMENT RECORDED JULY 18, 1968, IN BOOK 395 AT PAGE 501.
18. UTILITY EASEMENT AS GRANTED TO COLORADO -UTE ELECTRIC ASSOCIATION, INC. IN
INSTRUMENT RECORDED JUNE 23, 1980, IN BOOK 550 AT PAGE 454.
19. UTILITY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT
RECORDED JULY 19, 1982, IN BOOK 604 AT PAGE 88.
20. TERMS, CONDITIONS AND PROVISIONS OF PRIVATE WAY LICENSES RECORDED AUGUST 19, 1982
IN BOOK 606 AT PAGES 730 AND 734.
21. UTILITY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELPEHONE AND TELEGRAPH
COMPANY IN INSTRUMENT RECORDED FEBRUARY 25, 1983, IN BOOK 620 AT PAGE 994.
22. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT
RECORDED MAY 10, 1984, IN BOOK 649 AT PAGE 520.
23. TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN
PARTIAL ASSIGNMENT RECORDED AUGUST 24, 1994 IN BOOK 913 AT PAGE 631
24. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT
RECORDED MAY 21, 1997 IN BOOK 1019 AT PAGE 300 AND AMENDED JANUARY 21, 1998 IN BOOK
1050 AT PAGE 712.
25. EASEMENTS AND RIGHTS OF WAY AS RESERVED IN INSTRUMENT RECORDED AUGUST 24, 1994 IN
BOOK 913 AT PAGE 635.
26. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 97-44 RECORDED MAY 06, 1997 IN BOOK
1017 AT PAGE 860.
27. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 97-88 RECORDED SEPTEMBER 16,
1997 IN BOOK 1034 AT PAGE 264.
28. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN HOLY CROSS EASEMENT RECORDED
OCTOBER 14, 1997 IN BOOK 1038 AT PAGE 495 AND RECORDED JULY 10, 2000 IN BOOK 1196 AT
PAGE 670.
29. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN AGREEMENT RECORDED JUNE 22, 1998,
IRMW Minor Subdivision - Sec 5 27
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: ABS63010692
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
UNDER RECEPTION NO. 527376.
30. TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN
EASEMENT AGREEMENT RECORDED NOVEMBER 12, 1998 IN BOOK 1097 AT PAGE 803.
ADDENDUM TO EASEMENT AGREEMENT RECORDED OCTOBER 16, 2003 UNDER RECEPTION NO.
638751.
31. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS AGREEMENT RECORDED APRIL 26, 1999
IN BOOK 1126 AT PAGE 316.
32. RESERVATIONS FOR ROADWAY EASEMENT MADE BY MIDCON REALTY, LLC IN DEED RECORDED
JUNE 22, 1998 UNDER RECEPTION NO. 527376 AND EASEMENT AGREEMENT RECORDED
NOVEMBER 12, 1998 UNDER RECEPTION NO. 535309, AND ADDENDUM TO EASEMENT
AGREEMENT RECORDED OCTOBER 16, 2003 UNDER RECEPTION NO. 638751, AND ASSIGNMENT
TO RESERVED ROADWAY EASEMENT RECORDED OCTOBER 30, 2003 UNDER RECEPTION NO.
639702.
33. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MAY 21, 2001 IN
BOOK 1254 AT PAGE 368.
34. TERMS, CONDITIONS AND PROVISIONS OF PRIVATE WAY LICENSE RECORDED AUGUST 31, 2001
IN BOOK 1282 AT PAGE 477.
35. TERMS, CONDITIONS AND PROVISIONS OF PRIVATE WAY LICENSE RECORDED OCTOBER 30, 2003
IN BOOK 1533 AT PAGE 696.
36. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN PRIVATE WAY LICENSE RECORDED
OCTOBER 30, 2003, UNDER RECEPTION NO. 639703, 639704 AND 639705.
37. TERMS, CONDITIONS AND PROVISIONS OF PRIVATE WAY LICENSE RECORDED OCTOBER 30, 2003
IN BOOK 1533 AT PAGE 710.
38. TERMS, CONDITIONS AND PROVISIONS OF PRIVATE WAY LICENSE RECORDED OCTOBER 30, 2003
IN BOOK 1533 AT PAGE 721.
39. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN RESOLUTION NO. 2011-24 RECORDED MAY
04, 2011, UNDER RECEPTION NO. 802157.
40. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN DEED OF MAINTENANCE EASEMENT
RECORDED DECEMBER 10, 2013, UNDER RECEPTION NO. 844032.
IRMW Minor Subdivision - Sec 5 28
4. �. ,►'TIT,�' .
Commitment to Insure
ALTA Commitment - 2006 Rev.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable
consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A,
upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A
and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in
Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or
interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to
Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the
Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the
Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may
amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to
paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of
Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply
with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action
or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at
the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
www.alta.org.
STANDARD EXCEPTIONS
In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the
following:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Easements, or claims of easements, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would
disclose and which are not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on
the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue
Suite 600
Denver, Colorado 80206
303-321-1880
17
John E. Freyer
President
Authorized Officer or Agent
Old Republic National Title Insurance Company
a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark
Bilbrey
President
IRMW Minor Subdivision - Sec 5
Ramie Yeager
Secretary
AMERICAN
LAND TITLE
ASSOCIATION
RFTA PRIVATE WAY LICENSE CONTRACTS
• Parcel 1B — RFTA Private Way License Contract No. 373.80. Rec #
639704
• Parcel 1A - RFTA Private Way License Contract No. 374.20. Rec #
#639703
IRMW Minor Subdivision - Sec 5 30
1 111111 11111 111111 11111 111111 11111 11111 111 11111 1111 1111
639704 10/30/2003 03:10P 91533 P710 M ALSDORF
1 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO
Contract No. 373.80
PRIVATE WAY LICENSE
This license cancels and supercedes contract #25860
THIS PRIVATE WAY LICENSE AGREEMENT ("Agreement") is made and entered into
October 1, 2003 by and between THE ROARING FORK TRANSPORTATION AUTHORITY,
hereinafter called the "RFTA", and IRMW, LLC., of Carbondale, Colorado, hereinafter called the
"Licensee."
WITNESSETH, that RFTA, for and in consideration of the covenants and agreements of the
Licensee contained herein and upon the terms and conditions stated, hereby licenses and permits the
construction, maintenance and use of a non-exclusive Private Way ("Private Way") across its
property within the rail corridor ("Corridor") of RFTA, the Private Way being located in Garfield
County, Colorado, at approximate mile marker 373.80 on the Aspen Branch, and more particularly
described on the attached Exhibit "A".
THIS LICENSE is expressly conditioned upon the performance by the Licensee of all the
covenants and agreements hereinafter set forth, and it is also hereby stipulated that a waiver by
RFTA of any breach of any such covenant or agreement shall in no way impair the right of RFTA to
avail itself of any subsequent breach of the same or any other covenant or agreement.
"PRIVATE WAY" shall mean a non-exclusive way for travel for pedestrians, vehicles,
implements and livestock. It is expressly stipulated that the Private Way is to be a strictly private
one and is not intended for public use, its use shall be limited to the Licensee, its family, guests,
invitees, lessees, tenants, employees and those having business with the Licensee, its lessees or
tenants. The term "Private Way" shall include without limitation such grading, pavement, buildings,
approaches, planking, ditches, drains, drain boxes, culverts, cattle guards, wing fences and fences (if
present), gates, poles for the raising of overhead wires for proper clearance, and such signals, bells,
sign posts and signs and other safety devices on the Private Way as shall be as reasonably required by
RFTA, or which may at any time be required by any Local, State or Federal law, or by any order of
any Local, State or Federal officer or regulatory board having jurisdiction over such matters.
1. Maintenance and Repair. The Licensee shall, at the sole cost and expense of the
Licensee, maintain the Private Way in a safe manner that prevents damage to RFTA's property
and improvements. The right of RFTA to relocate or remove the Private Way shall in no
manner or degree relieve the Licensee's responsibility to RFTA or to other persons or
corporations for the failure of the Licensee to properly maintain, relocate or remove the Private
Way.
2. Limitations on Rights Granted. This License is without covenant of title or quiet
enjoyment and is subject and subordinate to a reservation of the prior and continuing right of
env-,
HARTERT & WILSON
210 TENTH STREET
GLENWOOD SPRINGS, CO 81601
Land txy14,13
IRMW, LLC, Private Way License #273.80
Page 1 of 9
IRMW Minor Subdivision - Sec 5
1111111111111111111111111111111111111111111111111111111
639704 10/30/2003 03:10P B1533 P711 M RLSDORF
2 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO
RFTA to all other uses of the Corridor, including the right to construct, use, maintain, repair,
relocate and renew in RFTA's sole discretion any and all improvements, including without
limitation tracks, overhead lines, pipelines, busways, trails and other facilities upon, along, over,
under or across any or all parts of the Corridor, all of which may be done at any time by RFTA
without prior notice and without liability to Licensee or to any other party for compensation or
damages. This License is subject and subordinate to all existing leases, licenses, easements,
permits, claims of title or other interests and as may in the future be modified, renewed or
extended by RFTA, including but not limited to any fiber optic cable.
3. License Fee. The Licensee agrees to pay to RFTA, in advance, the sum of $1000.00,
for the License herein granted. Unless this License is sooner terminated as hereinafter set forth,
the Licensee agrees to pay the License Fee on the first anniversary of this License Agreement and
annually thereafter in the same amount or such greater amount based on the Consumer Price
Index (CPI) Factor (see paragraph 21) as may be fixed by RFTA, at RFTA's discretion.
4. No Interference with RFTA's Uses. The Licensee at the Licensee's expense, shall
keep any track, busway, trail or other improvement constructed at the Private Way clean and free
from dirt, rocks and other material, and shall not damage or permit the damaging of any track,
busway, trail or other improvement on the corridor, or permit any condition which RFTA
determines in its discretion may interfere with the safe operation of locomotives, railcars, trains
or other vehicles or the use of any trail over the railroad corridor.
5. Protection of Drainage. Any and all cuts and fills, excavations or embankments
necessary in the maintenance for Licensee's use of the Private Way shall be made and
maintained in such manner, form and extent as will provide adequate drainage of the Private
Way, the Corridor, and adjoining lands. Wherever any fill or embankment may obstruct the
natural and pre-existing drainage from such lands, Licensee shall construct and maintain
sufficient culverts or drains as may be required to accommodate and preserve such natural and
pre-existing drainage.
6. Environmental Protection. Licensee shall, at its expense, comply with all applicable
laws, regulations, rules and orders regardless of when they become or became effective,
including, without limitation, those relating to health, safety, noise, environmental protection,
waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance
upon request of RFTA with regard to activities of Licensee or his agents on the Private Way.
Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise
from the Private Way as a result of Licensee's use, presence, operations or exercise of the rights
granted hereunder, Licensee shall immediately notify RFTA and shall, at Licensee's expense,
clean all property affected thereby, to the reasonable satisfaction of RFTA (insofar as the
property owned or controlled by RFTA is concerned) and any governmental body having
jurisdiction in the matter. RFTA may, at its option, clean RFTA's property of such discharge
referred to above, and Licensee shall indemnify, defend and hold RFTA harmless from and
against all claims, liability, costs and expenses (including without limitation, any fines, penalties,
judgments, litigation costs and attorneys' and consultants' fees and expenses) incurred by RFTA
IRMW, LLC, Private Way License #273.80
Page 2 of 9
IRMW Minor Subdivision - Sec 5 32
1 111111 11111 111111 11111 111111 11111 11111 111 11111 1111 1111
639704 10/30/2003 03:10P B1533 P712 M ALSDORF
3 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO
as a result of any such discharge, leakage, spillage, emission or pollution by Licensee.
7. Protection of Underground Cable. Licensee acknowledges that Qwest
Communications Corporation or its successor has an easement for underground cable along the
Corridor and that fiber optic cable is buried through the Corridor and possibly under the Private
Way. Licensee, at least five (5) days prior to performing any excavation activities on the
Corridor or Private Way, shall notify RFTA at (970) 704-9282 and shall notify Qwest at 1 -800 -
AT -FIBER (a 24-hour number) to receive a Qwest Communications Corporation control number.
Prior to beginning any work on the Private Way, Licensee shall determine where any
telecommunications system is buried on or about the Private Way, the names of the
telecommunications company(ies) involved, arrange for a cable locator, determine whether
arrangements for relocation or other protection of the fiber optic cable is required and shall so
notify RFTA. Any such relocation or protection shall be at Licensee's expense.
8. Protection of Trail and Conservation Easement. Licensee acknowledges that the
Corridor is subject to and encumbered by conservation covenants running with the land held by
the State Board of the Great Outdoors Colorado Trust Fund for the protection of the
Conservation and Trail Values. The Licensee agrees not to undertake any additional construction
activity within the Corridor, not contemplated in this Private Way License, without first
obtaining the written approval of RFTA. The notice address for RFTA is as follows:
RFTA
c/o Corridor Manager
P.O. Box 1270
Carbondale, Colorado 81623
9. Any Future Work to Require Permit. The Licensee shall not enter upon the Corridor
except for the purpose of access or constructing the Private Way, or demolition of pre-existing
encroachments without a special written permit first had and obtained from RFTA, except in
cases of an emergency when work is necessary to avert injury to persons or loss or damage to
property. All work of maintenance, relocation or removal shall be done by the Licensee in such
manner as to cause no interference with the constant, continuous and uninterrupted use of the
tracks, trails, buildings or other improvements of RFTA now in place or as may be installed in
the future by RFTA in RFTA's discretion.
10. RFTA's Right to Alter, Relocate, or Remove. This License shall not be deemed to
give the Licensee exclusive possession of any part of the premises described, but RFTA shall
have the unimpaired right to construct, maintain, repair, relocate or remove track, trails,
buildings or appurtenant structures or other improvements deemed appropriate in RFTA's
discretion and nothing shall be done or suffered to be done by the Licensee at any time that shall
in any manner impair the usefulness or safety of any property of RFTA or of any track, trail,
building or appurtenant structure or other improvement to be hereafter constructed. RFTA shall
IRMW, LLC, Private Way License #273.80
Page 3 of 9
IRMW Minor Subdivision - Sec 5 33
111111111111111111111111111111111111111 111 11111 1111 1111
639704 10/30/2003 03:10P B1533 P713 M ALSDORF
4 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO
have the right at any and all times hereafter to construct, maintain and operate such additional
tracks, trails, buildings, appurtenant structures or other improvements on the Corridor, as RFTA
may from time to time elect.
11. Liens. Licensee shall pay in full all persons who perform labor or provide materials
on the Private Way for Licensee and will use his best efforts to prevent any mechanics' or
materialmen's liens to be enforced against RFTA' s Corridor or the Private Way for work done or
materials furnished at Licensee's instance or request. If any such liens are filed thereon, Licensee
agrees to remove the same at Licensee's own cost and expense and to pay any judgment, which
may be entered thereon or thereunder. Licensee may contest the lien at his own cost and expense
and provide a bond to RFTA during the proceedings. Should Licensee fail, neglect or refuse to
remove the lien , RFTA may pay any amount required to release any such lien or liens, or to
defend any action brought thereon, and to pay any judgment entered therein, and Licensee shall
be liable to RFTA for the payment of any such liens or judgment and any and all costs, expenses,
damages, attorneys' and consultants' fees and expenses, and any other amounts expended in
defending any such proceedings.
12. Licensee's Assumption of Liability. The Licensee assumes the entire burden and duty
of preventing the use of the Private Way by any persons, firms or corporations, other than those
mentioned herein for whose benefit the Private Way is licensed; and Licensee assumes all
liability for damage to or destruction of property, injury to or the death of persons resulting from
the use of the Private Way by persons other than those for whose benefit the Private Way is
licensed, or resulting from the failure on the part of the Licensee to maintain the Private Way in
safe condition.
13. Indemnification. The Licensee shall at all times protect, indemnify, defend and save
RFTA harmless from any and all claims, demands, judgments, cost, expenses, and all damage of
every kind and nature made, rendered or incurred by or in behalf of any person or corporation
whatsoever, in any manner due to or arising out of any claim for injury to or death of any person,
or any claim for damage to property of any person or persons whomsoever, including the parties
hereto and their officers, families, servants and employees, in any manner arising from or
growing out of the construction, maintenance, operation, repair, extension, renewal, existence,
use or removal of the Private Way, or the failure to properly construct, operate, maintain, renew
or remove the same by Licensee or Licensee's contractors, family, guests, invitees, employees or
agents pursuant to this Agreement, and from all costs and expenses, including attorneys' and
consultants' fees and expenses, connected in any way with the matters and things contained in
this License Agreement. Neither the right of supervision by RFTA of the location, installation,
operation and the maintenance of the Private Way, nor the exercise or failure to exercise the
right, nor the approval or failure to disapprove, by RFTA of the location, installation, operation
and maintenance of the Private Way, nor the election of RFTA to repair, construct, reconstruct or
remove the whole or any part of the Private Way, shall be deemed a waiver of the obligations of
the Licensee contained in this License Agreement, expressed or implied.
14. RFTA's Right to Terminate License. If the Licensee shall fail to operate, use,
IRMW, LLC, Private Way License #273.80
Page 4 of 9
IRMW Minor Subdivision - Sec 5 34
1 111111 11111 111111 11111 111111 11111 11111 111 11111 1111 1111
639704 10/30/2003 03:10P 61533 P714 M ALSDORF
5 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO
maintain or remove the Private Way in accordance with the terms of this License Agreement and
to the entire satisfaction of RFTA, or shall fail to pay to RFTA any License Fee or any other sum
of money for the construction, repair, extension, renewal, relocation or removal of the Private
Way, or shall fail to adjust the Private Way to any changes made by RFTA, or shall in any
respect fail to keep and perform any of the conditions, stipulations, covenants and provisions of
this License Agreement to be kept and performed by the Licensee, this License Agreement shall
at the option of RFTA be void and of no effect; and this License shall immediately cease and
terminate and RFTA shall have the right to remove the Private Way and restore the right of way
and premises of RFTA at any time thereafter at the sole expense of the Licensee. Any
termination hereunder shall be effective ten (10) days following notice delivered to Licensee.
Any notice herein provided for shall be deemed given and delivered if mailed in an envelope
properly stamped and addressed to the Licensee at Licensee' s last known address. Termination
of this License for the convenience of RFTA shall occur only if the RFTA Board votes by a 2/3
majority to do so, and only after notice delivered to Licensee six (6) months prior to planned
termination of the License.
15. Licensee's Duty to Remove Private Way Upon Termination. Within thirty days after
the abandonment or termination of this License, the Licensee, at Licensee's sole expense, shall, if
RFTA so desires the Licensee to do, remove the Private Way and all its appurtenances and
restore or construct the premises of RFTA, including all right-of-way fences and drains, to a
condition which will be satisfactory to RFTA, and if the Licensee fails to do so, RFTA may do
such work of removal, restoration and construction at the expense of the Licensee. In the event
of the removal of the Private Way as in this section provided, RFTA shall not be liable to the
Licensee for any damage sustained by Licensee for or on account of such removal, and such
removal shall not prejudice or impair any right of action for damages or otherwise which RFTA
may have against the Licensee.
16. License Assignability. The Licensee shall not assign this License or any interest
therein directly or indirectly, nor encumber the same without the written consent of RFTA first
had and obtained. RFTA shall not unreasonably withhold the assignment of this License by
Licensee, and may, at it's sole discretion, issue a new license rather than allowing the assignment
of this license, provided that the new license issued is consistent with the terms and conditions of
this License. The covenants, stipulations and conditions of this License shall extend to and be
binding upon RFTA and, if assigned , its successors and assigns, and shall extend to and be
binding upon the Licensee and the heirs, administrators, executors, successors and assigns of the
Licensee.
17. Headings. The section headings contained in this License Agreement are inserted for
convenience only and are not intended to in any way affect the meaning or interpretation of any such
section or provision of this License Agreement.
18. Governing Law. This License Agreement shall be governed and construed in
accordance with the laws of the State of Colorado.
IRMW, LLC, Private Way License #273.80
Page 5 of 9
IRMW Minor Subdivision - Sec 5 35
1 111111 11111 111111 11111 111111 11111 11111 111 11111 1111 1111
639704 10/30/2003 03:10P B1533 P715 M ALSDORF
6 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO
19. Amendments and Waivers. No amendment of any provision of this License
Agreement shall be valid unless the same shall be in writing and signed by RFTA. No waiver by
RFTA of any default or breach of any covenant or agreement hereunder shall be deemed to extend to
any prior or subsequent default or affect in any way any of RFTA's rights arising by virtue of any
prior or subsequent default.
20. Severability. Any term or provision of this License Agreement that is held by a court
of competent jurisdiction to be invalid or unenforceable shall not affect the validity or enforce ability
of the remaining terms and provisions of this License Agreement.
21. Basis of Rent Adjustment/Rental Revision. The Base Rent shall automatically and
without notice to Licensee be adjusted, upwards only, on each anniversary of the Effective Date, by
the CPI Factor. The "CPI Factor" is the percentage of adjustment stated in the Consumer Price Index
established during the last available twelve-month period immediately preceding each anniversary of
the Effective Date, adjusted to the nearest one-tenth of one percent. The CPI Factor will be used as
indicated on the Consumer Price Index, Urban Wage Earners and Clerical Workers, U.S. City
Average, All Items (1982-84 = 100), ("Index"), published by the United States Department of Labor,
Bureau of Labor Statistics, or any successor or substitute index published as a replacement for the
Index by any United States governmental agency; or the fair rental value of the Premises at the time
of said revision.
The Base Rent, as so increased, shall be effective as of each anniversary of the Effective Date
if increased by the CPI Factor and as of the effective date of any other increase, notwithstanding
RFTA's acceptance of a lesser amount and notwithstanding any billing by RFTA for a lesser amount.
22. Entire Agreement. This License Agreement constitutes the entire agreement
between the parties and supercedes all prior understandings, agreements or representations among
them, written or oral, that may have related in any way to the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement.
[Signatures follow on next page]
IRMW, LLC, Private Way License #273.80
Page 6 of 9
IRMW Minor Subdivision - Sec 5 36
1 11110 11111 111111 11111 111111 11111 11111 111 11111 1111 1111
639704 10/30/2003 03:10P B1533 P716 M RLSDORF
7 of 11 R 56.00 D 0.00 GRRFIELD COUNTY CO
LICENSOR:
ROARING FORK TRANSPORTATION AUTHORITY
By:
Mike Hermes, Corridor Manager
LICENSEE:
IRMW, LLC
By: A .,�..t�n
16.) t gr\ r -R E
(print name)
(title)
IRMW LLC, Private Way License #273.80
Page 7 of 9
IRMW Minor Subdivision - Sec 5 37
1 IIIIN 1111111111 IlN1111111111111111 III 1111111111111
639704 10/30/2003 03:10P B1533 P717 M ALSDORF
8 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO
NOTARY ACKNOWLEDGEMENT
STATE OF COLORADO
County of GagP'I L.b
The foregoing instrument was acknowledged before me this day of 0 Gibtogr " a .2043
by MIKE HERMES, CORRIDOR MANAGER OF ROARING FORK TRANSPORTAION AUTHORITY
My Commission expires
FalorcAla.r. s; aooS
Witness my hand and official seal.
......YftVo
Form NOTARY.ACK
IRMW Minor Subdivision - Sec 5 38
VIIINIINSKINOIRONIWWWWIWN
ELLEN M. LIPSCOMB
NOTARY PUBLIC
STATE OF COLORADO ,
11111111E111111 1011 1111011111 0111 III II" 11111111
639704 10/30/2003 03:10P B1533 P718 M ALSDORF
9 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO
NOTARY ACKNOWLEDGEMENT
STATE OF COLO
County of
The foregoing instrument was acknowledged before me this day of ?2, 2ZL3
by WILLIAM RICE, MANAGER OF IRMW, LLC
My Commission expires
witness my hand and official seal.
Form NOTARY.ACK
My Commission Expires Sept 21, 2006
Notary Public
IRMW Minor Subdivision - Sec 5
39
1111111111111111111111111111111111111111111111111111111
• 639704 10/30/2003 03:10P 01533 P719 M ALSDORF
10 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "A"
A 60 -foot wide area, to place a paved private road crossing at grade extending northerly
across the 100 -foot wide right-of-way of the Aspen Branch main track of the RFTA, at Mile Post
373.80 more or less, near Carbondale, Garfield County, Colorado, within the southwest quarter of
Section 34 Township 7 South, Range 88 West, Sixth Principal Meridian, as shown on the attached
map.
Said private road crossing is for the purposes of ingress and egress to the following land in
Garfield County, State of Colorado:
A parcel of land comprising all of Lot 14, and parts of Lots 11, 12, 13, 15, 16 and 17 in
Section 35, Township 7 South, Range 88 West of the 66 Principal Meridian and part of Lot 15 in
Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian and parts of Lot 1 and 2
in Section 2, Township 7 South, Range 88 West of the 6th Principal Meridian, as described more
fully in the Garfield County Index for Informational Land Survey Plats under Reception Number
a 397o'.
Licensee shall receive written permission with conditions from RFTA to place any new
improvements to this intersection at the location shown prior to initiation of construction.
IRMW, LLC, Private Way License #273.80
Page 8 of 9
IRMW Minor Subdivision - Sec 5 40
1111111111111111111111111111111111111111111111111111111
639704 10/30/2003 03:10P B1533 P720 M ALSDORF
11 of 11 R 56.00 D 0 00 GARFIELD COUNTY CO
NO. 17
I
LOT NO 9
��► Nb. to
John •
edasz �r
— i 1
! 'LOT NO. ,11
tro I_.. 1
N0 4 I -�
Ib
14
LOT NO. -3.7 _
-
•
-or
9= •
a
v
35 —
V'
O
e ate_ , ta 0. 0
r O
.toT:NO..'19 *.. q-1 .
th a
P
p
4.Ot NO. 16 "
R
a:
IRMW, LLC, Private Way License #273.80
Page 9 of 9
IRMW Minor Subdivision - Sec 5
41
111111111111111111111111111111111111111111111111111 IIII
639703 10/30/2003 02:58P 81533 P696 M ALSDORF
1 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
Contract No. 374.20
PRIVATE WAY LICENSE
This license cancels and supercedes contract 080101-374.20
THIS PRIVATE WAY LICENSE AGREEMENT ("Agreement") is made and entered into
October 1, 2003 by and between THE ROARING FORK TRANSPORTATION AUTHORITY,
hereinafter called the "RFTA", and 1RMW, LLC., of Carbondale, Colorado, hereinafter called the
"Licensee."
WITNESSETH, that RFTA, for and in consideration of the covenants and agreements of the
Licensee contained herein and upon the terms and conditions stated, hereby licenses and permits the
construction, maintenance and use of a non-exclusive Private Way ("Private Way") across its
property within the rail corridor ("Corridor") of RFTA, the Private Way being located in Garfield
County, Colorado, at approximate mile marker 374.20 on the Aspen Branch, and more particularly
described on the attached Exhibit "A".
THIS LICENSE is expressly conditioned upon the performance by the Licensee of all the
covenants and agreements hereinafter set forth, and it is also hereby stipulated that a waiver by
RFTA of any breach of any such covenant or agreement shall in no way impair the right of RFTA to
avail itself of any subsequent breach of the same or any other covenant or agreement.
"PRIVATE WAY" shall mean a non-exclusive way for travel for pedestrians, vehicles,
implements and livestock. It is expressly stipulated that the Private Way is to be a strictly private
one and is not intended for public use, its use shall be limited to the Licensee, its family, guests,
invitees, lessees, tenants, employees and those having business with the Licensee, its lessees or
tenants. The term "Private Way" shall include without limitation such grading, pavement, buildings,
approaches, planking, ditches, drains, drain boxes, culverts, cattle guards, wing fences and fences (if
present), gates, poles for the raising of overhead wires for proper clearance, and such signals, bells,
sign posts and signs and other safety devices on the Private Way as shall be as reasonably required by
RFTA, or which may at any time be required by any Local, State or Federal law, or by any order of
any Local, State or Federal officer or regulatory board having jurisdiction over such matters.
1. Maintenance and Repair. The Licensee shall, at the sole cost and expense of the
Licensee, maintain the Private Way in a safe manner that prevents damage to RFTA' s property
and improvements. The right of RFTA to relocate or remove the Private Way shall in no
manner or degree relieve the Licensee's responsibility to RFTA or to other persons or
corporations for the failure of the Licensee to properly maintain, relocate or remove the Private
Way.
Under the terms of the superceded License (no. 080101-374.20), RFTA has been provided
with a re -vegetation plan and financial assurance to guarantee the success of the re -vegetation plan as
&Lyn-% Tb
HARTERT & WILSON
210 TENTH STREET
GLENWOOD SPRINGS, CO 81601
IRMW, LLC, Private Way License #274.20
Page 1 of 12
IRMW Minor Subdivision - Sec 5
1E111 111111 111111111111111! 11111111 11111 11111111
639703 10/30/2003 02:58P B1533 P697 M ALSDORF
2 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
described in Exhibit "B." Licensee agrees to assume the obligations in the re -vegetation plan.
2. Limitations on Rights Granted. This License is without covenant of title or quiet
enjoyment and is subject and subordinate to a reservation of the prior and continuing right of
RFTA to all other uses of the Corridor, including the right to construct, use, maintain, repair,
relocate and renew in RFTA's sole discretion any and all improvements, including without
limitation tracks, overhead lines, pipelines, busways, trails and other facilities upon, along, over,
under or across any or all parts of the Corridor, all of which may be done at any time by RFTA
without prior notice and without liability to Licensee or to any other party for compensation or
damages. This License is subject and subordinate to all existing leases, licenses, easements,
permits, claims of title or other interests and as may in the future be modified, renewed or
extended by RFTA, including but not limited to any fiber optic cable.
3. License Fee. The Licensee agrees to pay to RFTA, in advance, the sum of $1000.00,
for the License herein granted. Unless this License is sooner terminated as hereinafter set forth,
the Licensee agrees to pay the License Fee on the first anniversary of this License Agreement and
annually thereafter in the same amount or such greater amount based on the Consumer Price
Index (CPI) Factor (see paragraph 21) as may be fixed by RFTA, at RFTA's discretion.
4. No Interference with RFTA's Uses. The Licensee at the Licensee's expense, shall
keep any track, busway, trail or other improvement constructed at the Private Way clean and free
from dirt, rocks and other material, and shall not damage or permit the damaging of any track,
busway, trail or other improvement on the corridor, or permit any condition which RFTA
determines in its discretion may interfere with the safe operation of locomotives, railcars, trains
or other vehicles or the use of any trail over the railroad corridor.
5. Protection of Drainage. Any and all cuts and fills, excavations or embankments
necessary in the maintenance for Licensee's use of the Private Way shall be made and
maintained in such manner, form and extent as will provide adequate drainage of the Private
Way, the Corridor, and adjoining lands. Wherever any fill or embankment may obstruct the
natural and pre-existing drainage from such lands, Licensee shall construct and maintain
sufficient culverts or drains as may be required to accommodate and preserve such natural and
pre-existing drainage.
6. Environmental Protection. Licensee shall, at its expense, comply with all applicable
laws, regulations, rules and orders regardless of when they become or became effective,
including, without limitation, those relating to health, safety, noise, environmental protection,
waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance
upon request of RFTA with regard to activities of Licensee or his agents on the Private Way.
Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise
from the Private Way as a result of Licensee's use, presence, operations or exercise of the rights
granted hereunder, Licensee shall immediately notify RFTA and shall, at Licensee's expense,
clean all property affected thereby, to the reasonable satisfaction of RFTA (insofar as the
property owned or controlled by RFTA is concerned) and any governmental body having
IRMW, LLC, Private Way License #274.20
Page 2 of 12
IRMW Minor Subdivision - Sec 5
43
1 11 1111 11111 11111111111111111111111!111 111 111111111 1111
639703 10/30/2003 02:58P 81533 P698 11 ALSDORF
3 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
jurisdiction in the matter. RFTA may, at its option, clean RFTA's property of such discharge
referred to above, and Licensee shall indemnify, defend and hold RFTA harmless from and
against all claims, liability, costs and expenses (including without limitation, any fines, penalties,
judgments, litigation costs and attorneys' and consultants' fees and expenses) incurred by RFTA
as a result of any such discharge, leakage, spillage, emission or pollution by Licensee.
7. Protection of Underground Cable. Licensee acknowledges that Qwest
Communications Corporation or its successor has an easement for underground cable along the
Corridor and that fiber optic cable is buried through the Corridor and possibly under the Private
Way. Licensee, at least five (5) days prior to performing any excavation activities on the
Corridor or Private Way, shall notify RFTA at (970) 704-9282 and shall notify Qwest at 1 -800 -
AT -FIBER (a 24-hour number) to receive a Qwest Communications Corporation control number.
Prior to beginning any work on the Private Way, Licensee shall determine where any
telecommunications system is buried on or about the Private Way, the names of the
telecommunications company(ies) involved, arrange for a cable locator, determine whether
arrangements for relocation or other protection of the fiber optic cable is required and shall so
notify RFTA. Any such relocation or protection shall be at Licensee's expense.
8. Protection of Trail and Conservation Easement. Licensee acknowledges that the
Corridor is subject to and encumbered by conservation covenants running with the land held by
the State Board of the Great Outdoors Colorado Trust Fund for the protection of the
Conservation and Trail Values. The Licensee agrees not to undertake any additional construction
activity within the Corridor, not contemplated in this Private Way License, without first
obtaining the written approval of RFTA. The notice address for RFTA is as follows:
RFTA
c/o Corridor Manager
P.O. Box 1270
Carbondale, Colorado 81623
9. Any Future Work to Require Permit. The Licensee shall not enter upon the Corridor
except for the purpose of access or constructing the Private Way, or demolition of pre-existing
encroachments without a special written permit first had and obtained from RFTA, except in
cases of an emergency when work is necessary to avert injury to persons or loss or damage to
property. All work of maintenance, relocation or removal shall be done by the Licensee in such
manner as to cause no interference with the constant, continuous and uninterrupted use of the
tracks, trails, buildings or other improvements of RFTA now in place or as may be installed in
the future by RFTA in RFTA's discretion.
10. RFTA's Right to Alter, Relocate, or Remove. This License shall not be deemed to
give the Licensee exclusive possession of any part of the premises described, but RFTA shall
have the unimpaired right to construct, maintain, repair, relocate or remove track, trails,
buildings or appurtenant structures or other improvements deemed appropriate in RFTA's
discretion and nothing shall be done or suffered to be done by the Licensee at any time that shall
IRMW, LLC, Private Way License #274.20
Page 3 of 12
IRMW Minor Subdivision - Sec 5
44
1111111 111111 11111 11111111111 NEIII 1111111111111
839703 10/30/2003 02:58P 81533 P699 M ALSDORF
4 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
in any manner impair the usefulness or safety of any property of RFTA or of any track, trail,
building or appurtenant structure or other improvement to be hereafter constructed. RFTA shall
have the right at any and all times hereafter to construct, maintain and operate such additional
tracks, trails, buildings, appurtenant structures or other improvements on the Corridor, as RFTA
may from time to time elect.
1 1 . Liens. Licensee shall pay in full all persons who perform labor or provide materials
on the Private Way for Licensee and will use his best efforts to prevent any mechanics' or
mated almen's liens to be enforced against RFTA's Corridor or the Private Way for work done or
materials furnished at Licensee's instance or request. If any such liens are filed thereon, Licensee
agrees to remove the same at Licensee's own cost and expense and to pay any judgment, which
may be entered thereon or thereunder. Licensee may contest the lien at his own cost and expense
and provide a bond to RFTA during the proceedings. Should Licensee fail, neglect or refuse to
remove the lien , RFTA may pay any amount required to release any such lien or liens, or to
defend any action brought thereon, and to pay any judgment entered therein, and Licensee shall
be liable to RFTA for the payment of any such liens or judgment and any and all costs, expenses,
damages, attorneys' and consultants' fees and expenses, and any other amounts expended in
defending any such proceedings.
12. Licensee's Assumption of Liability. The Licensee assumes the entire burden and duty
of preventing the use of the Private Way by any persons, firms or corporations, other than those
mentioned herein for whose benefit the Private Way is licensed; and Licensee assumes all
liability for damage to or destruction of property, injury to or the death of persons resulting from
the use of the Private Way by persons other than those for whose benefit the Private Way is
licensed, or resulting from the failure on the part of the Licensee to maintain the Private Way in
safe condition.
13. Indemnification. The Licensee shall at all times protect, indemnify, defend and save
RFTA harmless from any and all claims, demands, judgments, cost, expenses, and all damage of
every kind and nature made, rendered or incurred by or in behalf of any person or corporation
whatsoever, in any manner due to or arising out of any claim for injury to or death of any person,
or any claim for damage to property of any person or persons whomsoever, including the parties
hereto and their officers, families, servants and employees, in any manner arising from or
growing out of the construction, maintenance, operation, repair, extension, renewal, existence,
use or removal of the Private Way, or the failure to properly construct, operate, maintain, renew
or remove the same by Licensee or Licensee's contractors, family, guests, invitees, employees or
agents pursuant to this Agreement, and from all costs and expenses, including attorneys' and
consultants' fees and expenses, connected in any way with the matters and things contained in
this License Agreement. Neither the right of supervision by RFTA of the location, installation,
operation and the maintenance of the Private Way, nor the exercise or failure to exercise the
right, nor the approval or failure to disapprove, by RFTA of the location, installation, operation
and maintenance of the Private Way, nor the election of RFTA to repair, construct, reconstruct or
remove the whole or any part of the Private Way, shall be deemed a waiver of the obligations of
the Licensee contained in this License Agreement, expressed or implied.
IRMW, LLC, Private Way License #274.20
Page 4 of 12
IRMW Minor Subdivision - Sec 5
45
Atli III 111(11111(1111111111I111111111 1111 11111111
639703 10/30/2003 02:58P 91533 P700 M RLSDORF
5 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
14. RFTA's Right to Terminate License. If the Licensee shall fail to operate, use,
maintain or remove the Private Way in accordance with the terms of this License Agreement and
to the entire satisfaction of RFTA, or shall fail to pay to RFTA any License Fee or any other sum
of money for the construction, repair, extension, renewal, relocation or removal of the Private
Way, or shall fail to adjust the Private Way to any changes made by RFTA, or shall in any
respect fail to keep and perform any of the conditions, stipulations, covenants and provisions of
this License Agreement to be kept and performed by the Licensee, this License Agreement shall
at the option of RFTA be void and of no effect; and this License shall immediately cease and
terminate and RFTA shall have the right to remove the Private Way and restore the right of way
and premises of RFTA at any time thereafter at the sole expense of the Licensee. Any
termination hereunder shall be effective ten (10) days following notice delivered to Licensee.
Any notice herein provided for shall be deemed given and delivered if mailed in an envelope
properly stamped and addressed to the Licensee at Licensee's last known address. Termination
of this License for the convenience of RFTA shall occur only if the RFTA Board votes by a 2/3
majority to do so, and only after notice delivered to Licensee six (6) months prior to planned
termination of the License.
15. Licensee's Duty to Remove Private Wav Upon Termination. Within thirty days after
the abandonment or termination of this License, the Licensee, at Licensee's sole expense, shall, if
RFTA so desires the Licensee to do, remove the Private Way and all its appurtenances and
restore or construct the premises of RFTA, including all right-of-way fences and drains, to a
condition which will be satisfactory to RFTA, and if the Licensee fails to do so, RFTA may do
such work of removal, restoration and construction at the expense of the Licensee. In the event
of the removal of the Private Way as in this section provided, RFTA shall not be liable to the
Licensee for any damage sustained by Licensee for or on account of such removal, and such
removal shall not prejudice or impair any right of action for damages or otherwise which RFTA
may have against the Licensee.
16. License Assignability. The Licensee shall not assign this License or any interest
therein directly or indirectly, nor encumber the same without the written consent of RFTA first
had and obtained. RFTA shall not unreasonably withhold the assignment of this License by
Licensee, and may, at it's sole discretion, issue a new license rather than allowing the assignment
of this license, provided that the new license issued is consistent with the terms and conditions of
this License. The covenants, stipulations and conditions of this License shall extend to and be
binding upon RFTA and, if assigned , its successors and assigns, and shall extend to and be
binding upon the Licensee and the heirs, administrators, executors, successors and assigns of the
Licensee.
17. Headings. The section headings contained in this License Agreement are inserted for
convenience only and are not intended to in any way affect the meaning or interpretation of any such
section or provision of this License Agreement.
IRMW, LLC, Private Way License #274.20
Page 5of12
IRMW Minor Subdivision - Sec 5 46
1111111111I1111I11111111111VIII11111III11111UAL
639703 10/30/2003 02:58P 81533 P701 M ALSDORF
6 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
18. Governing Law. This License Agreement shall be governed and construed in
accordance with the laws of the State of Colorado.
19. Amendments and Waivers. No amendment of any provision of this License
Agreement shall be valid unless the same shall be in writing and signed by RFTA. No waiver by
RFTA of any default or breach of any covenant or agreement hereunder shall be deemed to extend to
any prior or subsequent default or affect in any way any of RFTA's rights arising by virtue of any
prior or subsequent default.
20. Severability. Any term or provision of this License Agreement that is held by a court
of competent jurisdiction to be invalid or unenforceable shall not affect the validity or enforce ability
of the remaining terms and provisions of this License Agreement.
21. Basis of Rent Adjustment/Rental Revision. The Base Rent shall automatically and
without notice to Licensee be adjusted, upwards only, on each anniversary of the Effective Date, by
the CPI Factor. The "CPI Factor" is the percentage of adjustment stated in the Consumer Price Index
established during the last available twelve-month period immediately preceding each anniversary of
the Effective Date, adjusted to the nearest one-tenth of one percent. The CPI Factor will be used as
indicated on the Consumer Price Index, Urban Wage Earners and Clerical Workers, U.S. City
Average, All Items (1982-84 = 100), ("Index"), published by the United States Department of Labor,
Bureau of Labor Statistics, or any successor or substitute index published as a replacement for the
Index by any United States governmental agency; or the fair rental value of the Premises at the time
of said revision.
The Base Rent, as so increased, shall be effective as of each anniversary of the Effective Date
if increased by the CPI Factor and as of the effective date of any other increase, notwithstanding
RFTA's acceptance of a lesser amount and notwithstanding any billing by RFTA for a lesser amount.
22. Entire Agreement. This License Agreement constitutes the entire agreement
between the parties and supercedes all prior understandings, agreements or representations among
them, written or oral, that may have related in any way to the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement.
[Signatures follow on next page]
IRMW, LLC, Private Way License #274.20
Page 6 of 12
IRMW Minor Subdivision - Sec 5 47
1 111111111111101111111111111111111111111111111 1111 1111
639703 10/30/2003 02:58P B1533 P702 M ALSDORF
7 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
LICENSOR:
ROARING FORK TRANSPORTATION AUTHORITY
By: �a
Mike Hermes, Corridor Manager
LICENSEE:
IRMW, LLC
,I
By
` t,
(print name)
(title)
1RMW, LLC, Private Way License #274.20
Page 7 of 12
IRMW Minor Subdivision - Sec 5
48
1 IIII1111111111111 11111 111111 011111111111111111 ill ID
639703 10/30/2003 02:58P 81533 P703 M ALSDORF
8 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
NOTARY ACKNOWLEDGEMENT
STATE OF COLORADO
County of GiAR F # E L.L.
The foregoing instrument was acknowledged before me this day of DC,D'OQf 22,,2003
by MIKE HERMES, CORRIDOR MANAGER OF ROARING FORK TRANSPORTAION AUTHORITY
My Commission expires Pe•,,._�.....r aao5
Witness my hand and of
Form NOTARY.ACK
IRMW Minor Subdivision - Sec 5
49
111111 11111 111111111111111111111111111111 11111 1111 1111
639703 10/30/2003 02:58P B1533 P704 M ALSDORF
9 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
NOTARY ACKNOWLEDGEMENT
STATE OF COLO
County of
The foregoing instrument was acknowledged before me this day of6,/U62 Z003
by WILLIAM[ RICE, MANAGER OF IRMW, LLC
My Commission expires
Witness my hand and official seal.
Form NOTARY .ACK
ELLEN M. LIPSCOMB
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Sept. 21, 2006
Notary Public
IRMW Minor Subdivision - Sec 5
50
1111111111111111111111111IIIf 1111! 11111 III 1111111111111
639703 10/30/2003 02:58P 81533 P705 M ALSDORF
10 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "A"
A 60 -foot wide area, to place a paved private road crossing at grade extending northerly
across the 100 -foot wide right-of-way of the Aspen Branch main track of the RFTA, at Mile Post
374.20 more or less, near Carbondale, Garfield County, Colorado, within the southwest quarter of
Section 34 Township 7 South, Range 88 West, Sixth Principal Meridian, as shown on the attached
map.
Said private road crossing is for the purposes of ingress and egress to the following land in
Garfield County, State of Colorado:
A parcel of land comprising all of Lot 14, and parts of Lots 11, 12, 13, 15, 16 and 17 in
Section 35, Township 7 South, Range 88 West of the 6th Principal Meridian and part of Lot 15 in
Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian and parts of Lot 1 and 2
in Section 2, Township 7 South, Range 88 West of the 6th Principal Meridian, as described more
fully in the Garfield County Index for Informational Land Survey Plats under Reception Number
Licensee shall receive written permission with conditions from RFTA to place any new
improvements to this intersection at the location shown prior to initiation of construction.
1RMW, LLC, Private Way License #274.20
Page 8of12
IRMW Minor Subdivision - Sec 5
51
111111111111 IIIIII IIIII 1111111111111111111111111 111 1111
639703 10/30/2003 02:58P B1533 P706 M ALSDORF
11 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
%dl:�e h Idr Ce npb<.riP- -_
:... W. Ueed d 6.5_ -
-
i �
p ro
i'rivnrr Wry Lireiise
Page nf1.i
IRMW, LLC, Private Way License #274.20
Page 9 of 12
IRMW Minor Subdivision - Sec 5
52
1 111111 11111 11111111111 1111111111111111 111 1111111111111
639703 10/30/2003 02:58P B1533 P707 M ALSDORF
12 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "B"
Revegetation Plan. The Licensee shall be responsible for complete revegetation/reclamation
of the access site. Said revegetation/reclamation shall conform to the attached Landscape
Guidelines. Unless otherwise directed by RFTA, revegetation of the site shall be accomplished by
reseeding with a native grass mix comparable to those described within the Landscape Guidelines.
Preparatory to seeding, at least four (4) inches of native topsoil shall be placed and tilled to the
desired Iine and grade except where, at the discretion of RFTA, the existing site conditions will not
warrant topsoil coverage. In any case, the top four (4) inches of soil must be free of rocks and other
foreign matter before reseeding begins.
Hydraulic seeding shall be the preferred method employed by the Licensee. All seed shall be
furnished in bags or other containers clearly labeled to show the name and address of the supplier,
the seed name, the lot number, net weight, origin, the percent weed content, the guaranteed
percentage of purity and germination, and the pounds of pure live seed of each seed species in the
container. All brands furnished shall be free from such noxious weeds as Russian or Canadian
Thistle, European Bindweed, Johnson Grass and Leafy Spurge. The Licensee may be required to
submit to RFTA a signed statement certifying that the seed furnished is from a lot that has been
tested by a recognized laboratory for seed testing within six (6) months prior to the date of delivery.
Seed that has become wet, moldy, or otherwise damaged in transit or in storage will not be
acceptable.
Seed types and amount of pure live seed required per acre shall be in conformance with the
surrounding native grasses and be determined by the Licensee. RFTA may review the proposed seed
mix or its compatibility with the surrounding vegetation and approve it before use. The Licensee
shall also be responsible for assuring RFTA that the areas to be revegetated will grow and take root
to the soils in the disturbed areas. This will include any watering or fertilizing needed to insure or
otherwise promote this growth. To guarantee the revegetation, the Licensee will be required to
provide a bond, letter of credit, or other financial assurance suitable to RFTA. The assurance monies
will be equal to the costs of revegetation, and will be returned to the Licensee when it is determined
by RFTA that the revegetation of the disturbed areas has been successfully completed. Payment and
Performance Bond, letter of credit or cash payment for an amount set by RFRITA shall be provided
and secured unto RFTA, and, if the work is not completed as specified, any security shall be in
default and RFTA shall recover on the security, provided notice of non-compliance is given in
writing to the Licensee by RFTA. The surety executing any bond or deposit shall continue to be
firmly bound under a continuing obligation for the payment of all necessary costs and expenses that
may be incurred or expended by RFTA in causing any unsatisfactory work to be corrected or any
unfinished work to be completed. In the case of a cash deposit, said deposit or any unused portion
thereof shall be refunded. Securities other than a bond, such as cash payment or letter of credit, shall
be approved by RFTA prior to license issuance.
IRMW, LLC, Private Way License #274.20
Page 10 of 12
IRMW Minor Subdivision - Sec 5
53
1111111111111111111111111111i 11111 11111 111 111111 III 1111
639703 10/30/2003 02:58P B1533 P708 M ALSDORF
13 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
If within a one-year period from the revegetation effort a successful stand of native grasses
has not been accomplished, RFTA may, at its discretion, retain any and all of the assurance monies
necessary in order to attempt revegetation of the grounds. A successful stand of native grasses is
defined as being at a 75% germination rate and/or having a vegetation cover equal to or greater than
the surrounding vegetation cover. The success of the revegetation efforts will be measured at the end
ofthe summer growing season by RFTA who will approve or reject it between that time and the end
of the one-year assurance period.
Landscape Guidelines. Landscape design incorporates every aspect of planning and design
processes from establishing goals to completed working drawings showing planting design and
material selection to construction supervision. The design elements shall include landform, planting
design and material selection, structures, and maintenance. Each of these elements must be carefully
examined with regard to safety, economy, and aesthetics.
The landscape design should compliment rather than detract from the existing landform.
Sensitive grading can mesh the design with the existing topography and slope ofthe corridor. Severe
embankments and cuts should be avoided and slope tops and feet should be rounded to establish a
more natural appearance. Special grading effects should be used to emphasize scenic views or de-
emphasize unattractive areas.
All existing features should be studied in terms of the total corridor setting. These features
include existing vegetation, walls and fences, building, railroad features, and vistas. Preservation of
natural features and plant growth is a prime objective. Additional tree planting can aid in screening
where required.
In order for the corridor to be a linking element within the valley, it should have a continuity
of character. Basic planting patterns and similar plant materials should be used throughout the length
of the corridor. This does not preclude adapting certain areas to different ecological zones in order to
conform with existing conditions. Urban, suburban, rural and wild areas along the corridor would
call for very different landscape treatments although basic materials would remain the same.
Plants to be introduced must be horticulturally appropriate; this is, they should have been
proven themselves adaptable to the climate, soils and topographical conditions of the designated
area. The use of native plants is encouraged because it provides broad biological diversity and helps
keep Colorado looking like Colorado with a unique regional landscape that sets us apart from other
parts of the country.
Plants selected are expected to be healthy, vigorous, and pest free. Plant material should be
drought resistant, heat tolerant, not soil sensitive, and preferably fast growing, although the designer
must recognize the advantage of both fast and slow growing plants and choose accordingly. Tree
planting should blend with the surrounding natural environment and provide adequate sight distance
and view planes.
IRMW, LLC, Private Way License #274.20
Page 11 of 12
IRMW Minor Subdivision - Sec 5 54
111111111111 11111111111 111111 1111111111 1111111111111111
639703 10/30/2003 02:58P B1533 P709 M ALSDORF
14 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
RECOMMENDED PLANT LIST
Trees:
River and Creek Bottoms:
Colorado Blue Spruce
Douglass Fir
Narrowleaf Cottonwood
Rocky Mountain Maple
Flats and Mesas:
Scrub Oak
Irrigation Ditches:
Narrowleaf Cottonwood
Douglas Fir
North Slope:
Douglas Fir
Lodgepole Pine
South Slope:
Western Juniper
Scrub Oak
Shrubs:
Aspen
Ponderosa Pine
Lodgepole Pine
Western Juniper
Aspen
Ponderosa Pine
Aspen
Pinion Pine
Amelanchier alnifolia — Serviceberry
Artemesia frigida — Fringed Sage
Artemesia tridentate "Vaseyana" — Mountain Sage
Cercocarpus mountanus — Mountain Mahogany
Purshia tridentata --- Antelope bitterbrush
Seeding: The following seed mix has been formulated specifically for revegetation work on
the rail corridor. Any deviation from this recommendation must be compatible with the Landscaping
Guidelines and authorized by RFTA prior to placement.
Native Seed Mix
Common Name
Scientific Name
Pure Live Seed
LBS/Acre
Western Wheatgrass
Mountain Brome
Slender Wheatgrass
Thickspike Wheatgrass
Indian Ricegrass
Blue Flax
Rocky Mt. Penstemon
Agropyron
Bromus marginatus
Agropyron trachycaulum
Agropyron dasystachum
Oryzopsis hymenoidcs
Linum lewisii
Penstemon strictus
Total pounds live seed per acre (broadcast)
10
6
6
6
4
.5
1
33.5
IRMW, LLC, Private Way License #274.20
Page 12 of 12
IRMW Minor Subdivision - Sec 5
55
ACCESS EASEMENTS
• Rec # 237727. Between Roger Nixon and Mid- Continent Coal and Coke
• Rec # 304903. 60 ft. wide Ute to Electric Line Roadway Access
IRMW Minor Subdivision - Sec 5 56
Page 558
Itearedednt J.c_.?. o'Clocic....� �.M., 1`i]J�l� 24t.1967.
ReceptionN.257727. ...Cha3....5.....Keegan.
Recorder.
THIS DEED, Made this 20th day of April
our Lord, one thousand nine hundred and sixty—seven between
of the
ROGER L. DIXON
in the year of
SOUTII CAROLINA
County of BEAUFORT , and State of Xtilth ]fdb, of the first part, and
MID-CONTINENT COAL & COKE COMPANY
a corporation duly organized and existing under and by virtue of the laws of the State of DELAWARE
of the second part;
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
---TEN DOLLARS AND OTFIER GOOD AND VALUABLE CONSIDERATIONS-170/7=m--
to
ONSIDERATIONS--ZnnT,ARs,-
to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever,
MI of Lhe following described or parcel of land, situate, lying aml bei lig in the
County of Garfield , and State of Colorado, to -wit:
A parcel of land situate in Lot 17, Section 35, Tp. 7
R. 88 W., of the 6th P.M., situated south of and parallelling
the Denver & Rio Grande Western Railroad right-of-way, more
particularly described as follows:
From the witness quarter corner located and in place on
the north -south line between Lots 11 and 12, Section 35,
Tp. 7 S., R. 88 W., of the 6th P.M., thence west 2112.5
feet, thence north to the south line of the said
D.& R.G.W.R.R. right-of-way to the point of beginning,
thence southerly 150 feet at a right angle to the
south line of said D.& R.G.W.R.R. right-of-way;
thence easterly approximately 1300 feet more or
less, on a curve to the left and parallel to the
south line of said D.& R.G.W.R.R. right-of-way
150 feet therefrom to the east line of said Lot
17, the east line of said Lot 17 being 812.46 feet
west of the said Witness Quarter Corner; thence
north along the east line of said Lot 17 to the
south line of said D.& R.G.W.R.R. right-of-way;
thence westerly and on a curve to the right along
and upon the south right-of-way line of the said
D.& R.G.W.R.R. to the point of beginning, said
parcel contains 4.48 acres of land, more or less.
Reserving unto the grantor, his heirs, personal repre-
sentatives, successors and assigns an easement for joint
roadway purpose and use over and across the westerly end
of the above-described parcel, provided, said easement
shall not exceed 35 feet in width'.'
IRMW Minor Subdivision - Sec 5 57
!`Y
Book 333
�,$ Page 559
'I'OGEI'Illilt with all and singular the hereditaments and appurtenances thereunto belonging,'or in anywise
appertaining, and the reversion and reversions, remainder 'Mil remainders, rcntst issues and profits thereof; and all
the estate, right, title, interest, claim and demand whutaover of the said part .y of the first part, either in
law or equity, of, In and to the above bargained promises, with the hereditaments and appurtenances.
TO HAVE ANL) '1'0 HOLD the said prcrnlses,above burgained and described)) with the appurtenances unto tho '
said party of the second part, its successors and assigns forever, And the said
ROGER L. DIXON
part y' of the first part, for hiltisel f his
heirs, executors and administrators, do es covenant, grant; bargainand agree to and with the acid party of the
second pail, its successors and assigns, that at the, time of the ensealing and delivery of these presents he is
well seized of the premises above conveyed, as of good, sure, perfect, absolute and Indefeasible estate;,
of inheritance, in law, In fee simple, and hu s good right, .fultpower and lawful authority to grunt, bargain, sell'
and convey the same in manner and form aforesaid,. and that the 'Same are free and clear from all 'former and
other grants, bargains, sales, liens, taxes, assessments and incumbrancei of whatever kind or nature soover.
except taxes, and easements and rights of way now in existence,
taxes for 1967 payable in 1968, patent reservations
and the above bargained premises in the quiet and peaceable posaession,of the said party of the second part, its
successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part
thereof, the said part y of the.flrst part shall and wfll,'WAItRAN'l' ANL) FOREVER DEFEND.
IN WITNESS WHEREOF, The said part y of the first part ha 5 hereunto set his
hand and seal the day and yea• first above written,
Signed, Sealed and Delivered in Presence of
Jn
:t.
Roger..: Dixon .
(SEAL)
(SEAL)
....(SEAL)
(SEAL)
(SEAL)
IRMW Minor Subdivision - Sec 5
58
"ores d c, e ‘" o Flo k M, •►!IN 2 i 198N�•, .,., , LR' � TAL S UUSTA i 10N
P 304903 MILDRED ALSDORF, RECORDER BOOK 550 Pe¢E45
3
Race fico No.
COLORADO -UTE ELECTRIC ASSOC:IA 110N, INC. O
ACCESS EASEMENT
M:D—CONTINENT RESOURCES, INC.d/b/a
1. KNOW ALL MEN BY THESE PRESENTS that the undersigned
whose address is
Mid -Continent Coal and Coke Company
of the county o1 Gar.ti.elsl State of ...Colorado
Box 158, Carbondale, Colorado 81623
hereafter referred to as Grantor,
for the sum of Two Hundred Fifty and 00/100 ($250.00) dollars ---
does hereby grant unto Colorado•Ute Electric Association, Inc., whose address is Post Office Box 1149,
Montrose, Colorado 81401, hereafter referred to as Grantee, and to its successors or assigns, the right, privilege and easement to
utilize a road over and across the following described property. situated in the County of Garfield
State of Colorado• ,
•
A roadway easement, for purposes of ingress and egress to the Crystal Substation located in
Lot 17 of•Section 35. Township 7 South, Range 83 West of the 6th Principal Meridian, Garfield
County, Colorado. Said roadway easement being 60 feet in width and located 30 feet on each
srde'of the following described centerline:
Beginning at a point on the South right-of-way line of the Denver and Rio Grande Railroad
from whence the witness corner to the Sh of said Section 35 bears S. 80°39'44" E., 1922.86
feet; thence S. 2°26'12" E., 92.32 feet; thence S. 19°52'37" E., 27.94 feet; thence 36.86
feet, along the arc of a curve to the right with a radius of 75.0 feet, the chord of whicr.
bears S. 5°47'48" F._. 36.50 feet from whence the said above witness corner bears
S. 85°13'19" E., 1886.83 feet. Said parcel contains .35 acres more or les;.
2. That the purpose of this easement is to insure the right of ingress 'and egress to an electric substation which the Grantee will
construct, reconstruct, operate, repair, maintain and If necessary replace on Lot 17 of Section 35 t Township 7
South, Range 88 West of the 6th P.M. Garfield County, Colorado.
The Grantee agrees that its use of the above described property shall be limited to such purpose. Further. Grantor and Grantee
agree that the term of this access easement shall be for as long as the said subs:etion is operated and rneirained on said nearby
• lands.
3. The Grantee shall pay for any and all physical damages that may be caused in the use of said a=ass road over and acroe
the property of the Grantor.
4. The Grantor convenants and warrants that he is the owner of the above described land, subject to sum defects, outstanding
interests, Hens or encumbrances as may now appear of record.
5. The provisions of License Agreement from the DSRG Railroad,
attached Exhibit "A" are incorporated herein, to the extent
that use, termination, relocation and assignment coincide
with conditions imposed by the Railroad.
IN WITNESS WHEREOF, the Grantor has set his hand and seal this Vv"- day of May 19....E G......
MID—;'ONTINENT RESOURCES, INC. d/b/a
ormer.r' MID-CONTINENT COAL AND COKE COMPANY
• C�pTARy = By: president
,,n
STA1 E OF COLORADO
COUNTY OF
GARFIELD
ATTEST:.
Secretary
ACKNOWLEDGEMENT
On this day of MAY 198n...., before me. a Notary Public, personally appeared.... -.._.1—....
Reeves as President and Robert
Delaney....as.Sear.e.tar.}...a£..tdiContinentwn to Resources,ilsl and I{i.. aeDelawarexacuted the going
ccrporatio.
instrument, and acknowledged to me that t hey executed the same as ..�„l nfree act and deed.
IRMW Minor Subdivisior 1t0
My Commission expires Jury, 2Z 1961
My commission expires
NOTARY PUGLIC
Gar.g,1e d„State of I.47.06.1.S
zero 550 ?f455
LOT 17 SECTION 35 T.7S., R. 88 W. 6TH PM.
Norm RDW, tine
NT?
333
-1°1111141 0 424
S.zonow c 923
I
I !
a IP°sp.37•� 2794.' I
CA.*3° E 3830
c` •-
• DENVER a RIO GRANDE RR.
S/41.6137 $
TIE To
34:1013-39"4"
4 ���-r:.
MIDCONTINENT v AL a
COKE-COMPA$ . 't
Raps ••.
\`VJ/
•COLORN.BO°� 1e88.8��
2 W.
A -,pp .,
inE
ASSOC/ N ECTR/C
1'STAL .SITE
•
—The- p rpase`ab i.y• to do cribsnierl tiff oT ifik oofewc�menf 10 -Pp rposes of
Ingress.and Egress to the Crystal Substation 'located in Lot 17 of Section 35, T.7 5„ .
R.88 W. 6th P.M., Garfield County, Colorado, more particularly described as foliars:
Beginning at• a point on. the South right-of-way line of the Denver and Rio Grande
'Railroad from whence +he witness corner to the Sj4of Section 35 bears-'S.60°39'47'E.,
-1922.86 feet; thence.S.2•26'12"E., 92.32 feet; thence 5.19•52'37"E., 27.94 feet; -
.thence 36.86 feet, along the arc of a curve to the right with a radius"of 75.0 feat,
the 'chord of which bears S.5°47'48"E., 36.50 feet flan whence the said above wifness
corner bears 5.85°13'19"E.. 1886.83 feet. Said parcel 'contains .35 acres more Dr less:•
LEGAL: tESQIIPricev
100 0 loo • 200 MIDCONTINENT COAL a COKE COMPANY
ROAD EASEMENTS• .
SCALE IN FFET
REGISTERED LAND SURVEYOR
N
11980
'ff
A,,ro o*p`c ..
of eu�u
.l.%Ief.145%'rU S
COLORADO -UTE ELECTRIC • ASSOC.. INC.
MONTROSE.'COLORADO
R.O.W. PLAT
' CRYSTAL SUBSTATION •
ACCESS ROAD
DRAM ��,. CHECKED
SCAI,E.�� GATE
PAPED PCR
OEPcRTMt TJT
8Y AIR PHOTO SURVEYS d
MAY 1 9 1070 Mme,
la
EXHIBIT "A"
Form 3362 (Rev. 2-6D, Contract No
PRIVATE WAY LICENSE
coop 550 n!456
281`
T}ll_ AGS__ ._: .:e6e an: en •i :ntr, any jul• .. L. 15 jy' ,
by and between THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY. a corporation. of the State o1
Delaware. nereinafter called the "Licensor" party of the first par,, and r(1Tn "TY1 1_71 �"Lra R C c'SCCT TTC•'
�...... L L.Z., . � �-�_ ��....,
DC., a Colorado corporation, P.O. Bc 1149 .•b-icrose, Colorado 61401
hereinafter called the "Licensee" c' the gerund part.
WITC= SSE E That the �cen<_:, fp: an: it. ensile:a:ien cf the covcnants enc atreeae-ts of the Licensee herein
contained ant. aY.. the ie:.^.:. s. C:'-3. .._.._ : dict rya=.-. sr _ serer .^.S�- .. : e:R L
:rye tins::uca t.
mamter.ance and use r' - ;V3€ :. a ::r r. -,,
..e wa+•s :.rra•r.after cescc?bet the-ei ane- colic_ ";:ivate way" • across
the right of wap ant true.: c.::ac.:s c: tae :._ease: as rere= a>erifiec, to wit:
A 6C—foot t11e _private roil top crossing at £T_"a ie extend ns
r` ..v er 1- across the ?. cfi ran " nc
no_ i.._st.._1 a �_s _at ofTie!: and �_�� o= �._
Licensor at Mile Post 373.S :.ear.Carbondale, Garfield County,
Cc1c_e o v _t i" the .goat -wast —.:=rte= of Section .35,T. 7c
as s •�i1o.' o 1:21-a,r
Dwz;:o. C-611.
This license is expressly conditioned upon the performance by the Licensee of all and singular the covenants and
agreements hereinafter set forth to be by said Licensee kept and performed. each of said covenants and agreements
being hereby made a condition: and it is also hereby stipulated thata waiver by the Licensor of an breach of any
., uEt .Z7tii3;iraie. a= +.._1 -_ _s`1n!_arxc-suitsssy�,tai.. -aa.>wt+t i..-p—
other onditon.
PRIVATE WAY as and wherever said term is employed herein. shall mean a way for travel for pedestrians. vehicles,
implements and live stock. It is expressly stipulated that the private way is to be is strictly private one and Is not in-
tended for public use. Licensee agrees to use said private for Ingress and egress
to its Crystal Substation and for no other purpose.
And said term shall include such grading, approaches. planking. ditches. drain, tiling. drain boxes, culverts, cattle
guards. wing fences and fences. gates with proper hinges and latches. raising of telegraph, telephone and signal wires
for proper clearance. and such signals, bells. sign post and signs and other safety devices as shall In the particular
instance be required by the Licensor. or which may now or hereafter be prescribed and required by any law, State or
Federal. or by any order of any officer or regulatory board. State or Federal. having jurisdiction over such matters.
The foregoing license is subject to all outstanding superior rights (including those in favor of telegraph and
telephone companies, -lessees of said right-of-way and others) and the right of the Licensor to renew and extend the
same.
1. 11 the Licensor shall elect to contruet said private way or • portion thereof, and shall so notify the Licensee.
the Licensee agrees to pay to the Licensor. in advance. such sum o1 money estimated to be 5 st as
shall be necessary to construct such portion or all of said private way, including the cost of all neceTsary material
and the transportation thereof and the cost of all labor and superintendence. If the Licensor shall elect not to construct
said private way. the Licensee shall furnish material for. and construct said private way at the sole cost and expense
of the Licensee. in such manner according to such plans as the Licensor may deem best for the safety and proper
protection of the track, roadbed and premises of the Licensor. If the amount to be advanced by the Licensee as
hereinbefore provided should be in excess of the amount required, the excess shall be returned to the Lirensee. L• such
amount should not be sufficient to cover the expense of work done by the Licensor. the Licensee shall pay such
additional amount to the Licensor on demand.
2. Ths. Licensee shalt. at the sole cost and expense of the Licensee. maintain. repair. and reconstruct. whenever
necessary and when is auir"f so to do by the Liccrso:. said private way and ali its appurtenances in accordance with
plans and n. marine: sat.;iactory to the Licensor; and at all times keep sold private way in a good state of repay::
IRMW Minor Subdivision - SeC 5 61
800K 550 PeCE457
the Licensor, however, thrill have the right, if it so elects, at any time. though 1t shall be under no obiigation whatever
to do so, to make necessary ur proper repairs ur to recunstruct said private way, notwithstanding the obligation of
the Licensee to maintain. repair and reconstruct, and in the event the Licensor at any Ume elects to repair or re-
construct said private way, the Licensee shall, upon presentation of estimates, advance such sum of rnoney as the
Licenser may deem necessary for such repair or reconstruction. or upon bill being rendered for work already done,
the Licensee shall reimburse the Licensor for the cost of such repair or constructior,. The optional right of the
Llcensur to make r_pairs or to reconstruct said private way shall in no manner or degree relieve the Licensee from
responsibility to the Licensor or to other persons or corporations for the failure of the Licensee to properly main-
tain nr reanstrucr said p•io.ate kd PC rim;, Stt'i t'r✓ whiCh tl'e Licensee agrees, ::5 a;er aic IC roe -May, c•. 1
construct.
3. The Licensee. at the Licensee's expense. shall keep the flangeways at said private way clean and free from
dirt. rocks and other material, and shalt not foul or permit the fouling of any track of the Licensor. nr permit any
condition which will interfere with the safe operation of locomotives, cars or trains over said private way.
4. The Licensee agrees to pay to the Licensor, in advance. the sum of $ 200.00 , as consideration for
license and permit herein granted.
S. It at any time after the installation o! said private way, any law, State or Federal, or any officer or regulatory
board or commission, State or Federal. having jurisdiction, shall require any alterations, changes or improvements of
sold private way and of its appurtenances, as herein defined. or any additional safeguards, protection, signals or
warnings, the same shall be constructed, maintained and operated at the sole expense of the Licensee, as herein
provided with respect to maintenance, repair, reconstruction, etc., in paragraph 2 hereof.
6. The Licensee shall not enter upon the premises for the purpose of constructing -said private way nor for the
purpose of repairing or renewing the same. without special written license or perrnft first had and obtained from the
Licensor. or the Licensor's duly authorized agent. except in cases of emergency when work is necessary to avert loss
or damage to property. All work of cc•,,struction, :maintenance, operation or reconstruction shall be done by the
Licensee in such manner as to cause no interference with the constant. continuous and uninte:rupted use of the tracks
and property of the Licensor as to operation, maintenance. renewals or possible new construction by the Licensor.
7. This license shall not be deemed to give the Licensee exclusive possession of any part of the premises
described. but the Licensor shall have unimpaired nght to retain its track or tracks as now owned and operated
at the place of construction of such private way. and nothing shall be done o: suffered to be done by the Licensee at
any time that shall in any manner impair the usefulness or safety of said track or tracks of the Licensor or any
track or improvement to be hereafter constructed. The Licensor shall have the right at any and all times hereafter
to construct. maintain and operate such additional tracks. structures and improvements where said private way
is to be constructed and across the same, es 11. may from time to time elect; and in case of any change at any time
In the arranvament, construction or plan of the Licensor's tracks. or in case of the construction o: any buildings or
improvements by the Licensor, said private way shall be altered or entirely removed by the Licensee at the sole
cost and expense of the Licensee. in such manner as may be necessary to conform to the tracks, buildings or
irnprovenients of the Licensor as so changed, altered or improved, and if the Licensee shall fail to do any of the
things in this paragraph enumerated, the Licensor may do or cause the same to be done at the cost of the Licensee.
. ane Licensee assumes .ae entice uuruen and 'Jut)* 01 Keeping Int gates at said private way locked when
not in use, and the sole duty and burden of preventing the use of said private way by any persons. firms or corpora-
tions, other than those mentioned herein for whose benefit said private way is licensed; and assumes al! liability
for damage to or destruction of property, injury to or the death of persons resulting from the use of said private
way by persons other than those for whose benefit said private way is licensed. or resulting from the failure on the
part of the Licensee to keep the gates closed and locked and the said private way and all of its appurtenances in
sale condition.
9. The Licensee shall at all times protect, indemnify and save harmless the Licensor from any and all claims,
demands. judgments, cost. expenses, and. all damage of every kind and nature made. rendered or incurred by or in
.,, behalf -of -tri person ar- cerporatiott- wxatoonv'ar, in- any- tnlisetee..r41ue to or- at rs-.ng-eut-of an, in;ury cCLr -death of- -
any person, or damage to property of any person ur persons whomsoever, Including the parties hereto and their
officers, families, servants and employees, in any manner arising from or growing out of the construction, main-
tenance. operation, repair, extension. renewal, existence, use or removal of said private way, or the failure to prop-
erly construct. operate, maintain, renew or remove the same. and from all costs and expenses, Including attorneys'
fees connected in anywise with the matters and things contained in this agreement. Neither the right of supervision
by the Licensor of the loot tier, in'tallaUrn, Operation and the maintenance of said pnvate way, nor the exercise
or failure to exercise said right, nor the approval or failure to disapprove. by the Licensor of the location. installation,
operation and maintenance of said private way, nor the election of the Licensor to construct or reconstruct the whole
or any part or to repair said private way, shall be deemed a waiver of the obligations of the Licensee contained in this
paragraph or a release therefrom, or from any other obligation of this agreement resting upon said Licensee that Is
hereinbefore or hereinafter expressed or implied.
10. If the Licensee shall fall to locate, construct, operate. repair. extend. renew or remove said private way
in accordance with the terns of this agreement and to the entire satifaction of the Licensor. or shall fell to pay
to the Licensor any sum of money for the construction, repair. extension. renewal or removal of said private w•ay,
or shall tall to adjust the said private way to any changes made by the Licensor, or shall in any respect fail 10 keep
and perform any of the conditions stipulations, covenants and provisions of this agreement to be kept and performed
by the said Licensee, this agreement shall at the option of the Licensor be void and of no effect; and this license
shall cease and the Licensor shall have the right to remove said private way and restore the right of way and
premises of the Licensor at any time thereafter at the sole expense of the Licensee. Any forfeiture hereunder may
be claimed by the Licensor without notice to the Licensee, Any notice herein provided for shall be sufficiently given
and delivered it mailed in an envelope properly stamped and addressed to the licensee at the last known post office
address. or It no address is known, at the post office nearest to the place where the said private way is located.
ll. Non -user of such private way for the purpose for which It was originally constructed. continuing at anv
time for the period of one year, shall constitute an abandonment of this license. Unless so abandoned or terminated,
IRMW Minor Subdivision - Sec 5 62
BOOK 550 rNGE458
as hereinabove or herNnafter provided this license and agreement shall remain In full twee and effect until temli-
nated by written notice given by either party to the other party not less than sixty days in advance of the date of such
termination: but it is understood that if at any time the maini:nance and operation of said private way shall be incon•
statent with the use by the Licensor, of the right of way for railroad purposes. this license shall immediately cease
ipso facto.
12. Within thirty days after the termination of this agreement howsoever. the Licensee. at Licensee's sole expense.
shall. If the Licensor so desires the Licensee to do, remove the said private way (including all approaches, planking.
gates. and all other st-uotutes constructed in connection with sod private way) and restore the premises of the
Licensor Ineltrrtine nil richt-of-way fen zvs. t,^ : u•hi^h +.'i!' be sarisI ,,:. r t; ,h- '_c -ns.•:. a:•' i. _ivrn'c
iu:4 to to do. the :.i:ensu; ntwy dr, sa:ti vons. o- rc:norm and restoration at toe expense of the Licensee. In the event
of the removal of the private way as in this se=uon provided, the Licensor shall not be liable to the Licensee for the
damage sustained by Licensee for or on account of such removeal. and such removal shall not prejudice or impair
any right of action for damages or otherwise which the Licensor may have against the Licensee.
13.
Licensor_-erebv consents to Licensee subletting said private way
to the .Public Service Company of Colorado and Roly -Cross Electric
Association, Inc..ti-io ray either o.tn oriaintsir. faciliripc uaith n
the Licensee's substation r,rorerty= ho ever, this consent shall
not raleese the Licensee fro keepmg and performing all the terms
covenants and conditions of this aereerlent.
14. The covenants, stipulations and conditions of this agreement shall extend to and be binding upon the
Licensor, its successors and assigns, and shall extend to and be binding upon the Licensee and the heirs, administrators,
executors, successors and assigns of the Licensee as the context may admit). and the term "Licensee" used herein
shall be held to include such persons. copartnersnips or corporations as are mentioned herein as of the second part.
The Licensee shall not assign this license or any interest therein directly or indirectiy, nor incumber the same
without the written consent of the Licensor first had and obtained.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed the day and year
Drat hereinabove written.
ATTEST:
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY, Licensor
BY — —‘174)2/1
Chief l ngineer
.._.._.COLORADO-MT—EaCMIC• i SOCIAIial
Licensee
Ey
IRMW Minor Subdivision - Sec 5 63
Wavn JJ.xJ rititqkat,
CONTRAr,T Nn 2 818 7
WI Nb. 10
4
r — --
t�.
•
pod
11
Go 4
r '' •{% s s D«R.G.WR.R. Co.
...4 ripen
• 1- --g Near Cophoodolt 0.
.' :•4 , * Gerfm/eft°Jim.",Co/'redo --
f p 1 • ; b 7. ., r • p Jrl•I/t: /�„fes. ✓f/ y �� /9' Y
.•«--. r • .:: • ..t ,: .�. ” 1 — i c;e n.re Ay:
1"' LOT NO. 19 .s ` '�flT 1ia'14 �I N COLO.9ADO-UTEEL(C.ASS41 /NC
t 1 ! ... „ • Owy. Net C •6// • .1 f,,,: r-- (V;
✓ l
••••••� rpa
gp•A i. • . .t. is • VrT••
. 1
•
IRMW Minor Subdivision - Sec 5
64
t
1
PROPERTY DEEDS
• Rec # 639700. Original IRMW Property. Midcontinent Realty, LLC to
IRMW, LLC. 2003
• Rec # 819166. IRMW, LLC to IRMW II, LLC. 2012
• Present IRMW Legal Description
IRMW Minor Subdivision - Sec 5 65
1111111 fill 11111111111111111 III 111111111111111111111
639700 10/30/2003 02:45P 61533 P685 M PLSDORF
1 of 4 R 21.00 D 160.00 GARFIELD COUNTY CO
Recorder.
WARRANTY DEED
THJS DEED, Made this ZZytit day of October, 2003, between
MTDCON REALTY, LLC, a Limited Liability Company duly
organized and existing under and by virtue of the laws of the
State ofDelaware, grantor, and IRMW, LLC, a Limited Liability
Company duly organized and existing under and by virtue of the
laws of the State of Colorado, grantee, whose legal address its
P_O. Box 1252, Carbondale, Colorado 81623,
WJTN.ESSETH, That the grantor, for and in consideration of the sutra of Ten Dollars and other good and
valuable considerations, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained,
sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its
successors and assigns forever, all the real property together with improvements, if any, situate, lying and being
in the County of Garfield and ,State of Colorado, described as follows:
All of the real property described on Exhibit "A" hereto.
TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and
to the above bargained premises, with the hereditamonts and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto
the grantee, its successors and assigns forever, And the grantor for itself, its suceessors and assigns, does
covenant, grant, bargain and agree to and with the grantee, Its successors and assigns, that at the time of the
ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure_,
perfect, absolute and Indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and
lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same arc
Free and clear from all former and other grants, bargains_ sales, liens, taxes, assessments, incumbronces and
restrictions of whatever kind or nature soever, except taxes for 2003, due in 2004, and except existing
easements and rights of way of record; reservations and exceptions contained in United States patents; and
existing leases and tenancies listed and described on Exhibit "B" hereto, The grantor shall and will
WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of
the grantee, its successors and assigns, against all and every person or persons lawfully claiming or In claim the
whole or any part thereof'.
IN WITNESS WHEREOF, The grantor has caused its name to he hereunto subscribed by its
Manager the day and year first above written,
MTDCON REALTY, LLC
By: v'L I
qty i.a�'
STATE OF COLORADO
COUNTY OFGARFIET..D
Tho oregmninstrument was acknowledged before me thisGL l day of QrC: �- • _
2003, by ,rli/j as 7)1A-j(_IZ of MIDCON REALTY,
LLC, a Delaware Limited Liabt(Ity Company,
Witness my hand
itNi: LIPSCOMB
NOTARY PUBLIC
STATE OF COLORADO
My commission expires: MAjrW111161kI+El 9 21. 2006
Notary Public
Sopris Engineering — LLC. 502 MTJn Street Suite A3 Carbondale, CO 81623
Name and Address of Person Creating Newly CresIcd Legal Description It 38.35.15.5, C,R.S,)
Rekur et to
[Ais rI;In r @. WILSON
10TENTH STREET
1LEN WOOD SPRINGS. CO 81601
IRMW Minor Subdivision - Sec 5
rPay
fib,
66
EXHrBIT A
TO WARRANTY DEED FROM MIDCON REALTY. LLC
TO IRMW, LLC
A parcel of land situated in the 5 '/, of Section 33, Township 7 South, Range 88 West of the 6'h Principal
Meridian, the SW '/= of Section 36, Township 7 South, Range 88 West of the 6th Principal Meridian, the
NW '/. of Section 1, Township 8 South, Range 88 West of the 6'h Principal Meridian rind the N' 1i of
Sections 2, Township 8 South, Range 88 Wast of the 6"` Principal Meridian, Oarfleld County, Colorado.
Said parcel of, land being mare particularly described es follows;
Beginning at the S to Corner of Section 35 a rebar with an aluminum cap found in place and marked LS.
415710; thence along the southerly boundary of said Section 35, N,89°32'26"W.. a distance of 810.37 feet
to the easterly boundary of a parcel of land described in Book 829 at Page 41 of the C;,arfield County
records; thence along said easterly boundary of said parcel N.00° 13'16"W., a distance of 64'1.20 fent to a
point being 150.00 feet southerly of the southerly Right -of -Way line of the maim line of the G.&R..OG.
Railroad; thence along the northerly line of said parcel 408,16 feet along a non -tangent curve to the right,
having a radius of 6,019.95 feet, a central angle of 03°53'05", (chord bears.N.82°34'52"W. is distance of
408.08 feet ; thence continuing along said northerly boundary N•80°40`46"W., a distance of 642.23 feet to
a found 4 6 rebar with being the northwesterly corner of said parcel described. in Book 829:►t Page 41;
thence N.80°44`48"W., a distance of 94.30 feet to a found rebar with cap marked L.S. it 1.5710 and being on
the easterly boundary of a parcel of landdescribed in Book 905 at Page 347; theme along laid easterly
boundary N,0813'40E., a distance of. 150.42 fact to a point being on the southerly Right -or -Way line and
being 50.00 feet southerly of the centerline of the D.&R.G. railroad; thence continuing ort said southerly
Right -of -Way line the .foilowinl; five (5) courses:
1) 5.80'44'38"E., n distance of 770.70 feet;
2) 688.96 feet along the arc of a curve to the left, having a radius of 5776.78 feet, a central ;/aisle of
06°50'00", (chord bears S 84°09'38" E, a distance of 6&8,55 feet); thence
3) S.87'34'38"E., a distance of 2237.00 fact;
4) 356.08 feat along the arc of a curve to the left, having a radius of 5774.17 feel„ a central :t0gle of
03°32'00", (eliord bears S 89°20'38" 15, a distance of 356.03 feet);
5) N.88°53'22"E., a distance of 1,314.26 feet; to a point being the northwesterly corner of a parcel of land
described in Book 913 at Page 635 of the Garfield County records; thence leaving said D.8R.CI. railroad
Right -of -Way and along said parcel of land described in Book 913 at Page 635 the following three (3)
courses
1) S.00°00'00"E., a distance of 300.70 feet to a found rebar with cap. L.S. #15710;
2) S.52°2.2'35"E., a distance of 708.14 feet; (said comer being monumepted with a'found witness corner
marked L.S. 419598, N.52°22'35"W a distance of 120.00 feet);
3) S.89°24'40"E., a distance of 56.36 feet to point being on the southerly boundary of said parcel
described in. Book 913 at Page 635 ; thence leaving said parcel and to the northeasterly corner of a parcel
of land described in Book 967 at Page 777 of the Garfield County records 5.00'435'14"E., a distance of
89.10 feat; thence along the northerly boundary of said parcel of land recorded in Book 967 at Page 777 of
the °arile1d County records the following four(4) courses:
1) S.89"37'11"W., a distance of 536,89 feet;
2) S.80°18'19"W., n distance of 1,201.68 feet;
3) N.88°26'42`W„ a distance of 1,198.34 feet;
111E1HUH 1111111111111
639700 10/30/2003 02.45P 51533 P586 M ALSDDRF
2 of 4 R 21.00 0 160.00 GARFIELD COUNTY CO
IRMW Minor Subdivision - Sec 5 67
4) N.72'45'55"W., a distance of 983.25 feet; to the southerly Lino of said Section 35 ;
thence along the sovthesly line of said Section 35 N.89°3226"W, a distance of 187,62
feet; to the point Of beginning Said parcel of land containing 95.313 acres, more or less-
Together
eanTogether with that certain casement for roadway access and utilities set forth and described in
Easement Agreement recorded as Reception No. 535309 of the records of Garfield County,
Colorado.
Together also with all water rights, well rights well permits and water service contracts with
Basalt Water Conservancy District in connection with plans of augmentation, provided that any
such water rights are conveyed by special warranty.
Any existing Private Way Licenses providing access to the above-described fends over and
across the railroad corridor adjoining the property are transferred without warranty whatsoever.
1111111 11111 111111 11111 111111IIII111111111 HE i1I11111
639700 10/30/2003 02:45P 61533 P687 M ALSDORF
3 of 4 R 21.00 D 160.00 GARFIELD COUNTY CO
IRMW Minor Subdivision - Sec 5
68
EXHIBIT B
'I'O WARRANTY DEED FROM MIDCON REALTY, LLC
TO IRMW, LLC
Leases/Tenancies to be Assi • ncd:
Lessee/Tenan4
Alpine Waste Service
Anderson, Erie
Baker, Patrick
Castine II, Phil
Duhn, Dick and Jo
Hughes, Larry
Jcwkes Concrete, Inc.
Johnson, Jeff
Kodiak Excavation, Inc.
IRMW, LLC
Matthews Plastering & Stucco
Peachblow Concrete Company
Powell, Dave
Propane Services, Inc.
Roaring Fork Properties
Thomas, Steve J.
Wally's Recycle Service, Inc.
Jack Wilkie Builder, Inc.
C:4My DacumentslatMW-Sxh, R in Wniy. eked . Midcun 10 YRM W.dac
1 111111 11111 111111 11111 111111 11111 11111 111 11111 1111 1111
639700 10/30/2003 02:45P 81533 P688 M AL5DORF
4 of 4 R 21.00 D 150.00 GARFIELD COUNTY CO
IRMW Minor Subdivision - Sec 5
69
1111 MIC1DIVialtn0.1114 11111
Reception#: 819166
0612512012 02:20.28 PM Jean Alberico
1 of 9 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO
WARRANTY DEED
UPON RECORDING, MAIL TO:
Timothy A. ThuLon, Esq.
Balcomb & Green, P.C.
P. O. Drawer 790
Glenwood Springs, CO 81602
THIS DEED, made this day of , 2012, between IRMW, LLC, a Colorado
Limited Liability Company, whose legal address is 10 County Road 100, Carbondale, Colorado 81623,
and IRMW II, LLC, a Colorado Limited Liability Company, whose legal address is 1058 County Road
100, Carbondale, CO 81623, (Grantee):
WITNESSETH, that the Grantor for and in consideration of the sum of Ten Dollars and Other
Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm, unto the Grantee, its successors and assigns forever, all the real property together with
improvements, if any, situate lying and being in the County of Garfield and State of Colorado described
as follows:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
Also known as: 1058 Catherine Store Road, Carbondale, CO 81623
Together with:
a. a non-exclusive easement for ingress and egress beginning on the southerly
boundary of Grantor's property and its intersection with the County Road 100
right-of-way and extending south east over and across the property of Grantor to
the western boundary of the property of Grantee, which non-exclusive easement
is identified as the "ACCESS EASEMENT ACROSS IRMW PARCEL I FOR
THE BENEFIT OF IRMW II PARCEL II" which is more particularly described
upon the Exhibit Map entitled IRMW LLC ACCESS EASEMENTS, attached
hereto as Exhibit A-1 and incorporated herein by this reference; and
b. a non-exclusive easement for the purpose of the installation, maintenance, repair
and replacement of four 20,000 gallon water tanks, feed lines and appurtenant
equipment on the property of the Grantor beginning on the southerly boundary
Grantor's property and extending south east west over and across the property of
Grantor to the location of the water tanks, which non-exclusive easement is
identified as the "Water Tanks Access Easement" and is more particularly
described upon the FIRE TANK STORAGE PLAN, attached hereto as Exhibit
AA2 and incorporated herein by this reference.
Reserving unto Grantor:
a. a non-exclusive easement for ingress and egress beginning on the western
boundary of Grantee's property and extending south east over and across the
property of Grantee, which non-exclusive easement is identified as the "30.0'
WIDE ACCESS EASEMENT ACROSS IRMW PARCEL II FOR THE
BENEFIT OF IRMW PARCEL I and is more particularly described within the
Exhibit Map entitled IRMW LLC ACCESS EASEMENTS, attached hereto as
Exhibit A-1; and
Warranty Deed Page 1 oft
IRMW Minor Subdivision - Sec 5
70
1111
Reception#; 819156
025of0961.00 DooF0
2Rec FFee:$012 02:0.28 PM eee:0.0n 1GARFIELD COUNTY GO
b, a non-exclusive easement installation, maintenance, repair and replacement of
power and telephone lines on the property of Grantee beginning on the southwest
portion of Grantee and extending south over and across the property of Grantee,
which non-exclusive easement is identified as the "IRMW
TELEPHONE/ELECTRICAL EASEMENT' and is more particularly described
within the Exhibit Map entitled, IRMW LLC ACCESS EASEMENT, attached
hereto as Exhibit A -I, and incorporated herein by this reference.
TOGE1'1JJ R with all and singular the hereditaments and appurtenances thereto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either
in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its
successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors
and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the
premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law,
in fee simple, and has .good right, full power and lawful authority to grant, bargain, sell. and convey the
same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature
soever, except and subject to real property taxes for the year 2012 due and payable in 2013, the
exceptions identified on Exhibit B attached hereto and made a part hereof, and all leases existing and in
place.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in
the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person
or persons lawfully claiming the whole or any part thereof.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
IRMW, LLC
A Colorado Limited Liability Company
>�y (A,).
William Rice
Managing Member
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this a/414- day of
by William Rice as Managing Member of IRMW II, LLC, a Colorado Limited Liability Comp
Witness my hand and official seal.
My commission expires:
SAII B iAGNEUR
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 05/07/2013
, 2012,
otary Public
IRMW Minor Subdivision - Sec 5
71
11111h7111%1111101.011/5070',IirWilii Pi NI!!
Reception#: 219166
05!25/2012 02.20:28 PM Jean R1berico
3 of 9 Ree Fee:$51.00 Doc Fae:0.00 GRRFIELD COUNTY GO
EXHIBIT A
LEGAL DESCRIPTION
IRMW PARCEL II -
A PARCEL OF LAND SITUATED IN LOTS I2, 14 & 15 OF SECTION 35, TOWNSHIP 7 SOUTH,
RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, LOTS 15 & 24 OF SECTION 36,
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, LOT 4 OF SECTION
1, TOWSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN AND LOTS I & 2
OF SECTION 2, TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN,
GARFIELD COUNTY, COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST BOUNDARY CORNER OF GOVERNMENT LOT 4, SECTION 1,
TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN; MONUMENTED BY A
#6 REBAR AND 2' ALUMINUM CAP L.S. #28643 PROPERLY MARKED AND FOUND IN PLACE;
THENCE SOUTH 02 DEGREES 14 MINUTES 44 SECONDS EAST ALONG THE EASTERLY BOUNDARY
OF SAID GOVERNMENT LOT 4, A DISTANCE OF 8629 FEET TO A POINT BEING THE
NORTHEASTERLY BOUNDARY CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK 967 AT
PAGE 777 OF THE GARFIELD COUNTY RECORDS;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL OF LAND RECORDED IN BOOK 967
AT PAGE 777 THE FOLLOWING THREE (3) COURSES:
1) SOUTH 89 DEGREES 36 MINUTES 52 SECONDS WEST. A DISTANCE OF 525.68 FEET;
2) SOUTH 80 DEGREES 18 MINUTES 00 SECONDS WEST, A DISTANCE OF 1,201.66 FEET; 3)
NORTH 88 DEGREES 27 MINUTES 01 SECONDS WEST, A DISTANCE OF 360.00 FEET; THENCE
LEAVING SAID NORTHERLY BOUNDARY OF SAID PARCEL OF LAND RECORDED IN BOOK 967 AT
PAGE 777 THENCE NORTH 38 DEGREES 15 MINUTES 00 SECONDS EAST, A DISTANCE OF
830,00 FEET; THENCE NORTH 86 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
444.00 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
50.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
60.00 FEET; THENCE NORTH 78 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
150.00 FEET; THENCE NORTH 83 DEGREES 30 MINUTES 00 SECONDS WEST, A DISTANCE OF
130.00 FEET; THENCE NORTH 78 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
100.00 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 00 SECONDS WEST, A DISTANCE OF
100.00 FEET; THENCE NORTH 72 DEGREES 30 MINUTES 00 SECONDS WEST, A DISTANCE OF
125.00 FEET; THENCE NORTH 15 DEGREES 15 MINUTES 00 SECONDS EAST, A DISTANCE OF
75.00 FEET; THENCE NORTH 70 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
75.00 FEET; THENCE NORTH 77 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF
190.00 FEET; THENCE NORTH 44 DEGREES 55 MINUTES 59 SECONDS WEST, A DISTANCE OF
54.45 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE DENVER & RIO GRANDE
RAILROAD -ASPEN BRANCH AS DEFINED ON THE CARBONDALE SEGMENT RAILROAD
RIGHT-OF-WAY SURVEY PERFORMED BY FARNSWORTH GROUP FOR THE ROARING FORK TRANSIT
AUTHORITY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY SOUTH 87 DEGREES 34 MINUTES
42 SECONDS EAST, A DISTANCE OE 675.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY
LINE OF A PORTION OF THE J.W. CAMPBELL & M.D. CAMPBELL CLAIMS (INCLUDING LOTS
12 & 13 OF SECTION 35, AND LOT 15 OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH PRINCIPAL MERIDIAN) ALSO BEING A.POINT ON THE NORTHERLY
BOUNDARY OF GOVERNMENT LOT 14, SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF
THE 6TH PRINCIPAL MERIDIAN MONUMENTED BY A FOUND #6 REBAR AND 3 114 INCH
ALUMINUM (R.F.T.A. RIGHT-OF-WAY) CAP L.S. #16401; THENCE ALONG SAID SOUTHERLY
BOUNDARY OF SAID CLAIM LINES NORTH 89 DEGREES 17 MINUTES 55 SECONDS EAST, A
DISTANCE OF I,637.67 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY MONUMENTED
BY A FOUND #6 REBAR AND 3 1/4 INCH ALUMINUM (R.F.T.A. RIGHT-OF-WAY) CAP L.S.
IRMW Minor Subdivision - Sec 5
72
1111 Prd.100,1111.141i Pi 1110
Reception#: 819166
0512S/2012 02:20;28 PM Jean Albarico
4 of 9 Rec Fee:$81.09 Doc Fee:0.00 GARFIELD COUNTY CO
EYHIBIT A, cont d.
LEGAL DESCRIPTION
#16401; THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID CLAIM LINES NORTH 88
DEGREES 52 MINUTES 34 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY A
DISTANCE OF 40.48 FEET TO A POINT ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND
DESCRIBED IN BOOK 913 AT PAGE 635 OF THE GARFIELD COUNTY RECORDS; THENCE
LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 00 DEGREES 00 MINUTES 00 SECONDS
EAST, ALONG THE BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN BOOK 913 AT PAGE
635 A DISTANCE OF 299.23 FEET; THENCE CONTINUING ALONG THE BOUNDARY OF SAID
PARCEL OF LAND DESCRIBED IN BOOK 913 AT PAGE 635 SOUTH 52 DEGREES 22 MINUTES 35
SECONDS EAST, A DISTANCE OF 713.38 FEET TO A POINT BEING ON THE NORTHERLY
BOUNDARY OF GOVERNMENT LOT 4, SECTION 1, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE
6TH PRINCIPAL MERIDIAN; THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL OF
LAND DESCRIBED IN BOOK 913 AT PAGE 635 AND THE NORTHERLY BOUNDARY OF SAID
GOVERNMENT LOT 4, SOUTH 89 DEGREES 31 MINUTES 59 SECONDS EAST, A DISTANCE OF
38.08 FEET TO THE NORTHEAST BOUNDARY CORNER OF SAID GOVERNMENT LOT 4, THE POINT
OF BEGINNING.
LEGAL DESCRIPTION PREPARED BY;
SOPRIS ENGINEERING, LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUI1 E, A3
CARBONDALE, CO 81623
970 704-0311
IRMW Minor Subdivision - Sec 5
73
!O
c9
0w
m
0
m
0
LIJ
3S SECTION 35 -4,
as 45ECTI0N36 '''----7..o
rn
n n
--1 --1 r- w -ii
—I
0
..,,. 0. 0 !...,, a
z z rn E. or?0 i?"- wzc
416)
.7_,
-c
7a co
- I-. -n m S. > i--, 73 2
n 4.1,-. 0
- C r--) xi `4] o
o >
no 90
0 —I tri
N (A Itt
-1 tri 1-^4 7:) 4-4) rrr
Lon > Ca
n xi LW til m 77 >
r"));› mw
Tii >
120 1--' rs.) -1, 5 -1 /
VA.
/
CU al 70
0 v, n w -11' /IS 00°0(11 "
rts
-pp 01 29
tn 299.2:e
fro _i, 0
LO ...L1 4t (
C.ri 'n 0 •
In
00 CO fl ul c,, ,_(%)/
• - r- NJ Cri
(.0,
t„.3, P 1T1 co A.f
-r, co .-n >rr q
csb 1 \
\ NJ r- u
CICos,0 co c Li
xi
, Z co
AA liSSELT.68 N
X/
5-3
rn
TACS:"T.Id
V)
1111 Pra, FARAVIINgi 51110541illitilidrIA 11111
Reeqotion#: 819166
05/25/201 022028 PM Jean Plberi00
m -; 0 rm n-- r- -.m nn ,nocrm n ,AfMMV rn
IRMW Minor Subdivision - Sec 5 74
IRMW PARCEL 1 (PRE -ADJUSTMENT)
FATHERING PARCEL
A parcel of land described in that document recorded as Reception No. 639700 and excepting therefrom
a parcel described in that document recorded as Reception No. 819166, both of the Garfield County
Records and is further described as follows:
A parcel of land situated in Lots 11,12,14,15,16 & 17 of Section 35, Township 7 South, Range 88 West of
the 6th Principal Meridian and Lots 1 & 2 of Section 2, Township 8 South, Range 88 West of the 6th
Principal Meridian, Garfield County, Colorado. Said parcel of land being more particularly described as
follows:
Beginning at the S 1/4 Corner of Section 35 monumented by a #6 rebar and 2" aluminum cap L.S. #15710
properly marked and found in place; thence along the southerly boundary of said Section 35,
N.89°32'11"W., a distance of 807.78 feet to the easterly boundary of a parcel of land described in Book
829 at Page 41 of the Garfield County records; thence leaving said southerly boundary of Section 35
along the easterly boundary of said parcel of land described in Book 829 at Page 41 N.00°24'56"W., a
distance of 642.65 feet to a point being 150.00 feet southerly of the southerly Right -of -Way of the
Denver & Rio Grande Railroad -Aspen Branch as defined on the Carbondale Segment Railroad Right -of -
Way Survey preformed by Farnsworth Group for the Roaring Fork Transit Authority; thence leaving said
easterly boundary of said parcel described in Book 829 at Page 41 and along a boundary being 150.00
feet southerly and parallel to said southerly Right -of -Way 366.31 feet along a non -tangent curve to the
right, having a radius of 5,929.65 feet, a central angle of 03°32'22" and a chord which bears
N.82°34'15"W., 366.25 feet; thence continuing along said boundary being 150.00 feet southerly and
parallel to said southerly Right -of -Way N.80°48'03"W., a distance of 779.03 feet to a point on the
easterly boundary of a parcel of land described in Book 905 at Page 347 of the Garfield County Records;
thence leaving said boundary being 150.00 feet southerly and parallel to said southerly Right -of -Way
and along said easterly boundary of said parcel of land described in Book 905 at Page 347 N.08°06'01"E
150.03 feet to a point on said southerly Right -of -Way; thence leaving said easterly boundary of that
parcel of land described in Book 905 at Page 347 and along said southerly Right -of -Way 5.80°48'03"E., a
distance of 781.90 feet; thence continuing along said southerly Right -of -Way 683.66 feet along the arc
of a curve to the left, having a radius of 5779.65 feet, a central angle of 06°46'39", and a chord which
bears S 84°11'23" E, a distance of 683.26 feet; thence continuing along said southerly Right -of -Way
S.87°34'42"E., a distance of 1,548.97 feet; thence leaving said southerly Right -of -Way S.44°55'59"E., a
distance of 54.45 feet; thence 5.77°00'00"E., a distance of 190.00 feet; thence S.70°00'00"E., a distance
of 75.00 feet; thence 5.15°15'00"W., a distance of 75.00 feet; thence 5.72°30'00"E., a distance of
125.00 feet; thence 5.76°25'00"E., a distance of 100.00 feet; thence 5.78°00'00"E., a distance of 100.00
feet; thence 5.83°30'00"E., a distance of 130.00 feet; thence S.78°00'00"E., a distance of 150.00 feet;
thence S.90°00'00"E., a distance of 60.00 feet; thence 5.45°00'00"E., a distance of 50.00 feet; thence
S.86°00'00"E., a distance of 444.00 feet; thence 5.38°15'00"W., a distance of 830.00 feet to a point on
the northerly boundary of that parcel of land described in Book 967 at Page 777 of the Garfield County
records; thence along said northerly boundary of that parcel of land described in Book 967 at Page 777
the following two (2) courses:
1) N.88°27'01"W., a distance of 838.34 feet;
2) N.72°46'14"W., a distance of 982.54 feet; to the southerly boundary line of said Section 35;
IRMW Minor Subdivision - Sec 5 75
thence along the southerly line of said Section 35 N.89°32'08"W., a distance of 188.13 feet; to the point
of beginning.
Said parcel of land containing 60.019 acres, more or less.
COUNTY OF GARFIELD
STATE OF COLORADO
IRMW Minor Subdivision - Sec 5 76
April 19, 2016
Bill Rice
PO Box 1 252
Carbondale, CO, 81623
3799 HIGHWAY 82 • P.O. BOX 2150
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-5491 • FAX (970) 945-4081
RE: 1 058 County Road 100
Dear Mr. Rice:
The above mentioned development is within the certificated service area of Holy Cross Energy.
Holy Cross Energy has existing power facilities located on or near the above mentioned project. These
existing facilities have adequate capacity to provide electric power to the development, subject to the
tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions
necessary to deliver adequate power to and within the development will be undertaken by Holy Cross
Energy upon completion of appropriate contractual agreements and subject to necessary governmental
approvals.
Please advise when you wish to proceed with the development of the electric system for this project.
Sincerely,
Holy Cross Energy
Phyllis Wittet
Engineering Department
A Ii4k6I` norVi d itiBn``?tbec'--
77
Owners of interest
List of property owners within 200 feet (on the attached sheet)
Mineral Rights Owner (below)
U.S. Department of Interior
BLM Colorado State Office
2850 Youngfield Street
Lakewood, CO 80215 — 7093
Note: Mineral Rights owner identified in previous MRI Application for subject
property.
IRMW Minor Subdivision - Sec 5 78
Account Number OwnerName
R111427 UNITED STATES OF AMERICA
R112040 IRMW LLC
R111305 CARBONDALE, TOWN OF
R011905 CARBONDALE CORPORATION
R082513 NIESLANIK, PAUL R & CELIA R
R111908 P & C NIESLANIK LLLP
R011907 CARBONDALE CORPORATION
R111571 KENNEDY, MICHAEL R & JULIE R
R083226 IRMW II LLC
R011904 CARBONDALE CORPORATION
R111733 CARBONDALE CORPORATION
R111574 PUBLIC SERVICE COMPANY OF COLORADO
R007046 NIESLANIK, TIMOTHY M & LAURA
R112105 ROARING FORK TRANSPORTATION AUTHORITY
R011906 CARBONDALE CORPORATION
R111928 NIESLANIK, TIMOTHY M
R112041 CARBONDALE CORPORATION
In Care Of Address 2
P 0 BOX 1252
511 COLORADO AVENUE
45825 ULSTER STREET, SUITE 310
481 COUNTY ROAD 100
481 COUNTY ROAD 100
4582 S ULSTER STREET, SUITE 310
0045 WILLOW LANE
PO BOX 3075
45825 ULSTER STREET, SUITE 310
4582 S ULSTER STREET SUITE 310
PROPERTY & LOCAL TI 1225 17TH STREET, SUITE 400
0534 COUNTY ROAD 100
530 E MAIN STREET
4582 S ULSTER STREET, SUITE 310
534 COUNTY ROAD 100
4582 S ULSTER STREET SUITE 310
City State ZipCode Situs Hous Street Name Designatioi City Zip Code
CARBONDALE CO 81623
CARBONDALE CO 81623-2067
DENVER CO 80237-2565
CARBONDALE CO 81623-9547
CARBONDALE CO 81623-9547
DENVER CO 80237-2565
CARBONDALE CO 81623
GLENWOOD SPRINGS CO 81602
DENVER CO 80237-2565
DENVER CO 80237-2565
DENVER CO 80202-5534
CARBONDALE CO 81623
ASPEN CO 81611
DENVER CO 80237-2565
CARBONDALE CO 81623-9519
DENVER CO 80237-2565
1058 100 COUNTY RD
100 COUNTY RD
867 100 COUNTY RD
1058 100 COUNTY RD
534 100 COUNTY RD
RAILROAD R.O.W.
100 COUNTY RD
100 COUNTY RD
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
GLENWOOD SPRINGS
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
81623
81623
81623
81623
81623
81623
81601
81623
81623
81623
81623
81623
81623
81623
81623
81623
81623
IRMW Minor Subdivision - Sec 5 79
I 1 1 11 1111 1 1111 111111 11111 IIIIII 1111 I'll II ill 11111 11 1111
639699 10/30/2003 02:43P B1533 P684 M ALSDORF
1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO
Name of Entity:
Type of Entity:
Mailing Address:
Persons Authorized to Execute
Instruments Affecting Title to
Real Property:
Restrictions on Authority:
Date: October ZZ , 2003
State of Colorado )
) ss.
County of Garfield )
STATEMENT OF AUTHORITY
(C.R.S. 38-30-172)
IRMW, LLC
Colorado limited liability company
1058 County Road 100
P.O. Box 1252
Carbondale, CO 81623
John C. Martin, Manager and Member
Or
William Rice, Manager and Member
None
The following are all of the Managers and
Memb@rs of IRMW, LL
Y\ C_,
John C. Martin
William Rice
The foregoing instrument was acknowledged before me this(Ptd day of October, 2003,
by John C. Martin and William Rice as the sole Managers and Members of IRMW, LLC.
Witty----pi---4 Fr',,14,-.e
ELLEN M. LIPSCOMB
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Sept. 21, 2006
My commission expires:
/11-6t4
Notary Public
/.)
f ,c i i/.Y,'7
po ep#7 St G't�,E76)(
6/e 7 ,} 2
IRMW Minor Subdivision - Sec 5