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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone : 970. 945. 821 2 F acsimi le: 970. 38 4.347 0 www.qa rfield-cou nty. com AMENDED AND GORRECTED PLATS APPLIGATION GENERAL INFORMATION (To be completed by the applicant.) ) Street Address / General Location of Property:_A portion of the Aspen Glen _--- Gotf Course, Garfield County, Colorado J_--- ) Legal Description: __Amended Plat of Golf Course Parcel 9, Aspen Glen,- Filino No. 1. recorded as Reception No. 507375 F Subdivision Namer ___-__-- ) Description of Proposal: Minor modification of exterior boundary line of Aspen Glen Golf Course Parcel-____ No. 9 to facilitate sale of adjacent real estate development parcel.- ) Name of Propertv Owner (Aoplicant):Aspen Glen Golf Club Management Company- } Address: _0545 Bald Eagle Way____ Telephone:704-1988___- ) City: Carbondate---- State: CO_-_- Zip Code: 81623- FAX: ---- ) Name of Owner's Representative. if anv (Planner. Attornev, etc): ) Address: 818 Colorado Avenue____ Telephone: 945-6546 ) City: Glenwood Springs___ State: CO---__ Zip Code: 81601_- FAX: 945-9769- STAFF USE ONLY ) Planner:_ __ Hearing Date: F Zone District: Lasf Revised; 11121102 5. 6. 4. Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed amended plat, mineral owners and lessees of mineral owners of record of the property to be a part of the amended plat, and tenants of any structure proposed for conversion. Evidence of the soil types and characteristics of each type. Proof of legal and adequate source of domestic water for each lot created (which may consist of proof described in Section 8:a2p) of the Subdivision Regulations), method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district. lf connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee with the application. (see attached fee schedule for amount) 9. Provide 2 copies of the Application. Staff will request additional copies once the application has been deemed technically complete. 7. 8. I have read the statements above correct and to R. Green, have provided the required attached information which is knowledge. 10t7t2004 Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGRBEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and AspenGlenGolfClubManasementCompany (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for 2nd Amended Plat of Golf Course Parcel g. Aspen Glen. Filing No. 1 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the fulI extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. Lawrence R Green Printed Name Mailing Address: Balcomb & Green. P.C. 818 Colorado Avenue Glenwood Sprines. CO 81601 Page 4 Nannq.rrvn Expr.ANATroN oF THE RnasoNS FoR THE SEcoNu AvrnNpnp Pr,ar or Gor.rCounsrc PaRcnl g, AspnN GlnN, Frr.rNc No. I The within Application requests the modification of a small portion of the exterior boundary line of Aspen Glen Golf Course Parcel No. 9. The property line being modified is at the southerly end of Golf Course Parcel No. 9. To facilitate your review of this Application, the proposed Amended Final Plat shows the existing property line as a dashed line, together with the new property line as a solid line. The purpose of this Application is to allow for an improved access into an adjacent parcel of real estate known as The Sages, which contains approximately four (4) acres. The Sages lies between Golf Course Parcel No. 9 and County Road 109, adjacent to the back entryway into Aspen Glen. By reconfiguring the property line of Golf Course Parcel No. 9 as shown on the proposed Second Amended Final Plat, the entryway into The Sages will be upon The Sages parcel, rather than an easement across Golf Course Parcel No. 9. In addition, the width of Golf Course Parcel No. 9 is being reduced slightly, which will increase the width of The Sages parcel in a corresponding amount, and will allow development of The Sages parcel to more easily satisff the required setback from County Road 109. As can be seen from the Application, the applicant, which is the owner of Golf Course Parcel No. 9, and Aspen Glen Golf Company, the owner of The Sages parcel, are both in support of the within Application. EDwARo MULHALL, JR Bar,cous & GnPPx, P.C. ATTORNEYS AT I,A.w l"i['i 3 ;r i:iil+P. O. DRAWER 79() 818 COI,ORA.DO A\rE}TUE GI.EI$WOOD SPRTNGS, COTTORADO 416()2Seorr BALCoMB LAWRENCE R. GREEN . TrMorHY A. THULSoN DavrD C. HALLFoRD CHRTSToPHER L. CoYLE THoMAS J. HARTERT CHRISToPHER L. GEIGER ANNE MARIE MCPHEE DEBoRAH DAVts* SARA M. OUNN GREGoRY A. GooDMAN ' ALso AoMrnEo ro PucrrqE rN NEw YoRK aND MrgsauRr VIA HAND DELIVERY TO: Jim Hardcastle Garfield County Building & Planning OF CouNsEL: KENNETH BaLcoMB JoHN A. THULSoN Telephone: 970.945.6546 Facsimile: 970.945.9769 www.balcomb0reen.com November 30,2004 Re:2"d Amended Plat of Golf Course Parcel g, Aspen Glen, Filing No. I Dear Jim: I have just delivered the original mylar of the 2nd Amended Plat of Golf Course Parcel 9, Aspen Glen, Filing No. I to the office of the Garfield County Surveyor. This mylar contains all the revisions previously requested by Mr. Aibner and is fully executed by the owner of the subject property and all the required agents of the owner. From our previous discussions it is my understanding that you will now place consideration of this 2nd Amended Plat on the County Commissioners' agenda for December 6, 2004. Please let me know at your first opportunity if this understanding is incorrect. Very truly yours, BALCOMB & GREEN, P.C. LRG/bc EDwARo MULHALL, JR Scorr BALCoMB LAWRENCE R. GREEN TrMorHY A. THULSoN DavrD C. HaLLFoRD CHRTSToPHER L. CoYLE THoMAS J. HARTERT CHRTSToPHER L. GETGER ANNE MARIE MCPHEE DEBoRAH Davrs* SARA M. DUNN GREGORY A. GOODMAN * A60 AoMrrEo ro PscrrcE rN NEw YoRK AND MtssouRt BAr,coMB & Gnppx, P.C. ATTORNEYS AT I]A.w P. O. DRAWER 79O 8I8 COI,ORADO A\.ENUE Gr,ElywooD SpRrNcs, CorroRADo 8 1602 Telephone: 970.945.6546 Facsimile: 970.945.9769 www.balcombgreen.com November 5,2004 OF COUN5EL: KENNETH BALCOMB JoHN A. THULSoN It"0cll,{vmD NOv 0 5 200+ . iiUNTY-.,.,, ..-;, f,r.,qFjfliNG Jim Hardcastle, Senior Planner Garfield County Building & Planning Department 108 8m Street, Suite 201 Glenwood Springs, CO 81601 Re: Amended Plat of Aspen Glen Golf Club Dear Jim: Pursuant to your meeting with Larry Green on today's date, please find enclosed a copy of the Amended Plat of Golf Course Parcel 9, Aspen Glen, Filing No. l. Please call Larry with any questions or comments regarding this matter. Very truly yours, BALCOMB & GREEN, P.C. lbc Encls. ritt Choatel Legal Assistant to Lawrence R. Green lU,?Ili[LllHlllll!!lllulillil,4,tI',t,1',I of 8 R .1.00 D too.oo cenriir-b'Ebunry co ,l:? SPECIAL WARRANTY DEED TIIIS DEED, Made thls 10{thyof June,2003, betwcen ASPBN GLEN GOLF COMPANY, a Colorado limited partrership, Grantor, and ASPEN GLEN GOLFCLUB MANAGEMENT COMPANY, a Colorado corporation whose legal address is P.O. Box tl9012-9012, Dallas, TX 75381 of the County of State of Tcxas, Grantee: WITNESSETH, That thc Grantori for and in consideration of the sum of trr Tcn and00/l00ths f tr DOLLARS ($10.00), thc receipt and sulliciency of which is hereby acknowledged, has granted, bargained, sold and conveyed, utd by these pr$ents docs grant, bargain, scll, convey, and confirm, unto the Grantee, its heirs and assigns forevcr, all the real propcrty, together with improvemcnts, if any, siluate, lying and being in the County ofGarfield, State of Colorado, dcscribed as follows: See Exhibit "A" attached hereto and made a part hereof. also known as: Aspn Glcn Golf Course, Carbondale, CO 81623 TOGETHER with all and singutar the heredilaments and appurtensnces thereto bclonging, or in anyrise appertaining, and the rcversion and reversions, rcmainder and remainders, rents, issucs and profits thcreof; and all the cstatc, right, title, interest claim and dcmand whatsoever of the Grantor, eilhcr in law or equity, o[, in and to the above bargaincd premises, with the hereditamcnts and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenanccs, unto lhe Grantee, its heirs, succcssors and assigns forcver. The Grantor, for itsel( ils succcssors urd assigns. does covenant and agree that it slull and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession ofthe Grantee, its heirs, successors and assigns, against alt and every person or persons claiming the wholc or any part thereofi by, through or under the Granlor, subject to those lnatters set forth gn Exhibit "8" attached hereto and made a part hereof. IN WITNESS WHEREOF, the Grantor has executed this decd on the date set forth above. STATE OFCOLORADO COI.,NTY OFGARFIELI) The foregoing instrument was acknowlcdged before me on th i"'j1!!aryof June, 2003, by Donald L. parris, vice President of Management Company for Aspen Oten, a Colorado corpor*ion, Cenerat partner of Aspen Cten Golf Company, a Colorado limitcd partncrship. Witness my hand and offrcial seal Whcn Rccordcd Rcturn ro: ) ) ss. ) 9tfqot E.rP.DOCAnrq tura!. (X.iDr1.l|l!XT 6:Llu ),5r1 uoiua --Vatrr',{,ttr€ l, lo?d'D"'6{HrrDd 'D c //"{,7'tr '7 5) t/ -42 / O ,-)il Lr2, ri) ASPEN GLEN GOLF COMPANY, /' Llz t,u:1r,,,".;ion Errii-.: 3b r ffir m[illl ltll llll lll]l lllllll ilm llll llll 630?292of8 06/3012g0, O4:37P ll4E? Pl39 ll ALSDORF R '[1.0O D IOO.OO GffiFIELD COUNTY CO EXHIBIT A GOLF COURSE PARCEIS I AND 2 ACCORDING TO THE AMENDED PLAT OF GOLF COURSE PARCEI,S 1 A}.ID 2, ASPEN GLEN FILING NO. I, RECORDED APRIL 23, 1997 AS RECEPTION NO. 507378 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO GOLF COURSE PARCEL 3 ACCORDING TO THE AI\,TENDED PI..AT OF GOLF COURSE PARCEL 3, ASPEN GIEN FILINO NO. I, RECORDED APRIL 23, IW ASRECEPTION NO. 507372 OF THE RECORDS OF THE CI.ERK AND RECORDER OF GAMIELD COUNTY, COI-oRADO. GOLF COURSE PARCEL 4 ACCORDING TO THE AMENDED PI..A,T OF GOLF COURSE PARCEL 4 AND OPEN SPACE, ASPEN GLEN FILING NO. I, RECORDED APRIL 23, IW7- AS RECEPTION NO. 5V1373 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO. GOLF COURSE PARCEL 5 ACCORDING TO TIIE 2ND AMENDED PLAT OF GOLF COURSE PARCEL 5, ASPEN GLEN FILING NO. I. RECORDED NOVEMBER 26,19!N AS RECEPTION NO. 5I6Y'4 OF THE RECoRDS OF THE CLERK AND RECORDER OF CARFIELD CoUNTY, CoLORADo. GOLF COURSE PARCELS 6 AND 7 ACCORDING TO Tl{E AI\,IENDED PLAT OF GOLF COURSE PARCELS 6 AND 7, ASPEN OI.EN FILINC NO. I, RECORDED APRIL 23,1997 AS RECEPTION NO. 5WI76 OF THE RECORDS OF THE CLERK AT.ID RECORDER OF GARFIELD COUNTY, I coLoMDo. GOLF COURSE PARCEL I ACCORDING To TI{E AIvTENDED PLAT OF GOLF COURsE pARCEL E, ASPEN GLEN FIIJNG NO. I, RECORDED APRIL 23,19y, AS RECEPTION NO. 507374 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO. GOLF COURSE PARCEL 9 ACCORDINGTO TIIE AMENDED PI^AT OF GOLF COURSE PARCEL 9, ASPEN GLEN FILING NO. I, RECORDED APRJL 23,19p,7 AS RECEPTION NO. 507t75 OF THE RECORDS OF TIIE CLENK AND RECORDER OF GARFIELD COU},TTY, COLORADO. GOLF COURSE PANCEL TO ACCORDING TO THE AMENDED PI.AT OF GOLF COURSE PARCEL IO AND OPEN SPACE, ASPEN GLEN FIUNO NO. I, RECORDED APRIL23, 1997 AS RECEPTION NO. 5tr1377 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTy, COLoRADO. COLF CLUBHOUSEPARCEL ACCORDING TO THE FINAL PLAT, ASPEN GLEN CLUBHOUSE AND CLUBLODGE RECORDEDNOVEMBER t9, 1999 AS nECEPTTON NO. 555595. COUNTY OF CARFIELD STATE OF COI-oRADO r nlttr unr uttr mnur nnr umr nriu uu rilt30?29 OAIIO/2OOI 0l:3?P Bll87 Plrt0 ll RLSERF3 of 8 R 41.00 D IOO,OO G0RFIELD C0UNW C0 EXIIIBIT Our Order No. GW23?636-3 THB EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANC1 , FIRB PROTBCTION, SOI CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMBNT AREA. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. RIGHT OF A PROPRIEI1OR OF A VEIN OR LODE TO EXTRACT OR REMOVE HIS ORE THEREFROM SHOULD THE SAMB BE FOI,'ND TO PBNETMTE OR INTERSECT THE PREMISES HEREBY GRANTED, AS RESERVED IN THE FOLLOWING UNITED STATES PATENTS: PATENT RECORDED MARCH 12,I892IN BOOK 12 AT PAGB II9. PATENT RECORDED APR.IL II, 1892IN BOOK 12AT PAGE I33. PATENT RECORDBD APRIL 16. IE92IN BOOK T2 AT PAGE I35. PATENT RECORDBD NOVEMBER 12,IEgzIN BOOK 12 AT PAGE I92. PATENT RECORDED OCTOBER 24,1893IN BOOK 12 AT PAGE 2,19. PATENT RECORDED NOVBMBER I, 1893 IN BOOK 12 AT PAGE 250. PATENT RECORDED NOVEMBER 18. 1893 IN BOOK 12 AT PAGE 255. PATENT RECORDED ruLY 25. 1894 IN BOOK 12 AT PAGE 329. PATENT RECORDED JULY 25, 1894 IN BOOK 12 AT PAGE 332. PATENT RECORDED JANUARY 19, IE95 IN BOOK 12AT PAGE 35I. PATENT RECORDED MAY 24, 1897 IN BOOK I2AT PAGE46I. PATENT RECORDED ruLY 25, I9IO IN BOOK 7I AT PACE 426. PATENT RECORDED JUNE24, 1893 IN BOOK 12 AT PAGE235. RJGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN THE FOLI'WING UNITED STATES PATBNTS: PATENT RECORDED OCTOBER 24, 1893IN BOOK 12 AT PAGE 249. PATENT RECORDED NOVEMBER I, 1893 IN BOOK 12 AT PAGE 250. PATENT RECOR.DED NOVEMBER 18, 1893 IN BOOK 12 AT PAGE 255, PATENT RE@RDED JULY 25, 1894IN BOOK 12 AT PAGE 329. PATENT RECORDED JULY 25, 1894 IN BOOK 12 AT PAGE 332. PATENT RECORDBD IANUARY 19, 1895 IN BOOK 12 AT PAGE 35I. PATENT RECORDED MAY 24, T897 IN BOOK 12 AT PAGE 46I. PATENT RECORDED JULY 25, I9IO IN BOOK 7I AT PAGE 426. PATENT RECORDBD JULY 28, 1952IN BOOK 265 AT PAGE 16I. PATENT RECCIRDBD MAY 4, 1956 IN BOOK 292 AT PAGE 508. PATENT RBCI}RDED MARCH II, 1957IN BOOK 298 AT PAGE I5O. PATENT RECORDED JUNE 24, 1893 IN BOOK 12 A'T PAGE 236. EXCEPTING AND RESERVING, ALSO, TO THE UNTTED STATES. PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST l, 1946 (60 STAT., 755) ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIAIJ, WHETHER OR NOT OF COMMERCIAL VALUE. TOGETHBR WITH THE RIGHT OF THE UNITED STATES THROUGH ITS AUTHORIZBD AGENTS OR REPRESENTATIVES AT ANY TIME TO ENTER UPON THE LAND AND PROSPECT FOR, MINE AND RBMOVE THB SAME. RESERVING TO THE UNITED STATES, ITS' PERMITTEE OR LICENSEE, TI.IE RIGHT TO ENTER UFON, OCCUPY AND USE, ANY PART OR ALL OF LOT 20 OF SAID SECTION 20, FOR THE PURFOSES PROVTDED IN THEACT OF JUNE IO, 1920 (4r STAT., 1063) AND SUBJBCT TO THE CONDTTIONS AND LIMTTATTONS OF SECTION 24 OF SAID AcT AS AMENDED BY THE ACT OF AUGUST ?fi,1935 (49 STAT., 846). ALL AS RESERVED IN THE UNTTBD STATES PATENT RECORDED JULY 28, 1952IN BOOK 2SS AT PAGE 16I. Llllilffilll illll ]il llll ililI ilLlt ml ffi lllt6s072s oat;,f,tzw3 otl:37p Blrt8? prit n it iobfi-{ of 8 R 41.00 D 100.00 cnRFtELD COUilTv CO EXIIIBIT Our 0rder No. GW237636-3 PRIOR RESBRVATTONS AND CONVEYANCES OF MINERALS, MINERAL RIGHTS, OIL, GAS AND OTHBR HYDROCARBONS, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THBREIN, AS MNTAINED AND DESCRIBED IN THE FOLIJOWING INSTRUMBT.ITS; A. AN UNDIVIDED ONE.FOURTH INTBREST INAND TO ALL OIL, GAS, HYDROCARBONS AND MINERAIJ OF EVERY KIND AND NATURE AS RBSERVED BY LEONTS P. CHUC IN WARMNTY DEBD RECORDED DECEMBER 26, I95E IN BOOK 314 AT PAGE 160. B. AN UNDIVIDED ONB.FOURTH TNTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERAIS OF EVERY KIND AND NATURE AS RESERVED BY CAESAR J. CIIUC IN WARMNTY DEED RE@RDED SEPTEMBER 26, 1961 IN BOOK 336 AT PAGE 570. C. RESERVATION OF A SEVEN PERCENT ROYALTY FROM AND OUT OIT ALLOF THE OIL, GAS AND OTHER MINERAIJ PRODUCED AND SAVED FROM SAID LANDS AS RESERVED BY LILLI,AN I. CORYELL, PERRY C. @RYELL AND PERRY L. CORYELL IN WARRANTY DEED RECORDED JANUARY 5, 1965 IN BOOK 363 AT PAGE 33. D. ALL OIL, GAS AND OTHER MINEMLS AS RESERVED BY WILLTAM WALTT]R CENTRY AND WILLIAM GENTRY IN DEED RECORDED MAY 8, I95O IN BOOK 250 AT PAGE 27I. E. AN UNDIVIDED I/50 INTBREST OF ALL OILAND GAS AS RBSERVED BY ELLA J. CHASE IN DEED RECORDED JUNE 12. I95I IN BOOK 258 AT PAGE 59{. F. AN UNDIVIDED ONE.HALF INTEREST OF ALL MINEMLS AS RESERVED BY T.M. SANDERS IN DEED RECORDED OCTOBER 13, 1964 IN BOOK 36I AT PAGE 275. G. AN UNDIVIDED 6 I/4 PERCENT ROYALTY INTEREST IN ALL OIL. GAS AND OTHER MINERALS PRODUCED AS CONVEYED TO T.M. SANDERS BY DEBD RE@RDED DECEMBER 17, 1964 tN BOOK 362 AT PAGE 445. RTGHTS OF WAY AND EASEMBNTS FOR ROADS, STREETS, HIGHWAYS, RAILROADS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONTAINED IN AND AS DESCRIBED IN THE FOLLOWING INSTRUMENTS: A. 'THE CRANE AND PEEBLES DITCH AS DESCRIBED TN STATBMENT RECORDED MAY 2, 1889 IN BOOK 9 AT PAGE 483, B. THE PEEBLESWASTE WATER DITCH AS DESCRJBED IN MAPAND STATEMENT RIiMRDED JANUARY 17. 1896 AS RECEPTION NO. I9OO5. C. RIGHT OF WAY 25.00 FEET IN WIDTH, BEING 12.50 FEET ON EACH SIDE OF THE CENTER LINE OF TIIE GLENWOOD SPRINGS DITCH AS CONVEYED TO THE GLENWOOD IRRICATION COMPANY IN INSTRUMENT RE@RDED JUNB 17, I9OI IN BOOK 44 AT PAGE 457. Mr I tllilr illl llllll llll llll llllll illl] ilfiI lil lll ?+,sazzg3of8 QBtrOlzOOg Ott:3?P ltlt? ?4m n RLSD0RF R {T.OO D IM.EO GRRFIELD COIJNTY CO EXHIBIT Our Orrler No. GW237636-3 D. PERMANENT EASEMENTS AS GRANTED TO THE STATE DEPARTMENT OF IIIGI{WAYS, DIVISION OF HIGHWAYS, STATE OF COLOMDO, tN INSTRUMENT RECORDED OCTOBER 2. 1968IN BOOK 397 AT PAGE IO4 AND RE@RDED MAY 19, T969IN BOOK 102 AT PAGE 54. E. RIGI{T OF WAY FOR THE @NTINUOUS, UNINTERRI,IPTED FLOW OF THE ROAzuNG I'ORK RIVER, AS SAME TRAVERSESAND BORDERS SUB'ECT PROPERTY. F. RIGHT OF WAY FOR TRANSMISSION LINB AS GMNTED TO J.F. SMITH IN INSTRUMENT RECORDED JANUARY 28, 1927 IN BOOK I55 AT PAGE 33I. C. EASEMENTS AND RJGI{TS OF WAY FOR TIIE CONSTRUCTION, OPERATION AND MAINTENANCE OF TELEPHONE AND TELECRAPH LINES AS GRANTBD TO THE MOUNTAIN STATES TELEPHONEAND TELEGRAPII COMPANY IN INSTRUMENTS RECORDED FEBRUARY 2,I936IN BOOK I83 AT PAGE 254 AND REMRDED SEPTEMBER I,I972IN BOOK 435 AT PAGE IO. H. EASEMENT AND RIGIIT OF WAY FOR THB DENVER AND RIO GRANDE W&STERN MILROAD AS CONSTRUCTED AND IN PLACE. I. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED JANUARY 30, I98I IN BOOK.564 AT PAGE 650. J. COUNTY ROAD VIEWERS REPORTS FILED APRJL 24, IE89 IN ROAD RECORDS BOOK I AT PAGE TO5 AND FILED APRIL 7, I89O IN ROAD RECORDS BOOK I AT PAGE n9. K. RJGHT OF WAY AS GMNTEDTO ROCKY MOUNTAIN NATURAL GAS IN INSTRUMENT RECORDED OCTOBER 19, 196I IN BOOK 33? AT PAGE246. I-. TERMS AND CONDITIONS OF LICENSE AGREEMENT BETWEEN THE MOUNTAIN STATES TELEPHONE AND TEI-EGRAPH COMPANY AND ROCX(Y MOUNTAIN NATURAL GAS COMPANY RECCIRDED JULY 5, I97I IN BOOK 132 AT PAGE 536. M. EASEMENT AND RIGTIT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND IJTILITY LINE ALONG PRBSENT ROADWAY AS GMNTED TO DAVID T. WHIDDON IN IN.STRI'MENT RECORDED SEPTEMBER 30, 1977 IN BOOK 5OI AT PAGE 263. N. EASEMENT FOR INGRESSAND EGRE.SS FOR ROAD AND UTILITY LINE PURPOSES AS CRANTED TO NEILS. MINCER TN INSTRUMENT RA@RDED FEBRUARY 2, I97O IN BOOK 407 AT PAGE 403. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS. EASEMENTS AND RIG}ITS OF WAY AS CONTAINED TN AGREEMENT BETWBEN ASPEN GLEN GOLF PARTNERS AND ROSS JEFFERY RECORDED JULY 5. 1994 IN BOOK 907 AT PAGE 80I. TERMS, CONDITIONS, PROVISIONS AND RESTRICTIONS AS CONTAINED IN EASEMENTS RBCORDED FEBRUARY IO. 1995 tN BOOK 93I AT PAGE 354. q' Lllttlltilt utttlilt llluur lltlllt rrltr ]il lllt63072e oa no / ziuas or, srF -a risiiFrib-lr - [sii*]-'8 0f 8 R .L.OO O ,;OO.@ cenriem-dourrv co F. 64. EXIITBIT Our Orrler No. GW237636-3 NOTE: AFFECTS PARCEL B ONLY TERMS AND CONDTTIONS OF RESOLUTIONS BY THE BOARD OF (PUNTY COMMISSIONER,S OF GARFIELD COUNTY, COLoRADO, CONCERNING THE ASPEN GLEN PI-ANNED UNIT DEVETOPMENT AND OTHER MATTERS, AS SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92456 RBOORDED JUNE 29, 1992 IN BOOK 835 AT PAGB 305. B. RESOLUTION NO. 93.I2I RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO.94.OO8 RECORDBD FEBRUARY 2,1991IN BOOK 89I AT PAGE 620. D. RESOLUTION NO. 94{89 RECORDED AUGUST 9,1994IN BOOK 9I I AT PAGB 791, E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13, 1994IN BOOK 925 AT PAGE 345. RESOLIJTION NO. 95-OO4 RECORDED JANUARY 17, I995IN BOOK 929 AT PAGE G. RESOLUTION NO.96-06 RECORDED FEBRUARY 9, 1996IN BOOK 966 AT PAGE 6E2. II. RESOLUTION NO.96.07 RACORDED FEBRUARY 9, 1996IN BOOK 966 AT PAGE 686. I. RESOLUTION NO. 96.26 RECORDED MAY 9, 1996 IN BOOK g77 AT PAGE 399. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED APRJL 12.1992IN BOOK 827 AT PAGE 636 AND RELTORDED JUNE 29, t993 tN BOOK 835 AT PAGE 364. TERMS. CONDITIoNS, PRoVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN AGREEMENTS BY AND BBf,WEEN UNION OIL COMPANY OF CALIFORNIA, ASPEN GLEN GoLF PARTNBRS, LTD., AND THE ASPEN GLEN SANITATION DISTRICT RBOORDED AUGUSI Ig,Iggl tN BOOK 9I2 AT PAGE 970AND RECORDED AUGUST 19, 1994IN BOOK 912 AT PAGE973. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTI{ ON THE PLAT OF ASPEN GLEN PI.ANNED UNIT DBVELOPMENT RECORDED APRIL 6, 1995 UNDER RECEPTION NO. 476330 AND PT-A.TS REOORDED APR.IL 23, IggT AS RECEPTION Nos. 50?3?2, 507373, sui74,507375, so7t76, sw377 nup sdtszg exp PLAT RECORDBD NOVEMBER ?fi, T997 AS RECEPTION NO. 5169?I, RECORDEDFEBRUARY IO, 1998 UNDER RECEPTION NO. 520208 AND RECORDED NOVEMBER9, 1999 UNDER RECEPTION NO.555595 AND PI-AT REMRDED MAY 8,2003 UNDER R.ECEPTION NO. 626949. RESTRICTIVE COVENANTS, WHICH DO NOT @NTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN MAS"IBR DECI.ARATTON OF COVENANTS, MNDITIONSAND RESTRJCTIONS FOR ASPEN GLEI.T RECORDED APRJL 06, 1995, IN BOOK 936AT PAGE 350, FIRST SUPPLEMENTAL DECLARATION RE@RDED JULY 15, 1997 IN rnurrirtt unr ltttnu ulll llnllt nilltrm tllt B3o?29 dd,l10l?l00it 0l:37P Bl{E? Pfi4 n RLSD0RF 7 of 8 R 41.00 D loO.OO GRRFIELD COINTY CO EXHIBIT Our Order No. cW237636-3 BOOK 1026 AT PAGE 16l, SECOND SUPPLEMENTAL DECIr{,RATION RECORDED NOVEMBER 26,1997IN BOOK IO43 AT PAGB 8JO, THIRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY IO, 1998IN BOOK IO53 AT PAGE8, FOURTH SUPPLEMENTAL DECI.AMTION RECORDED FEBRUARY IO, I99E IN BOOK IO53 AT PAGE 30, FIFTH SUPPLEMENTAL DECLARATION RECORDED MAY I, 1998 IN BOOK 1065 AT PAGE 8OO, SIXTH SUPPLEMENTAL DECLAMTION RE@RDED MAY 22, 1998 IN BOOK 1069 AT PAGB 58, SEYENTH SUPPLEMENTAL DECL{.RATION RECCIRDED AUGUST 24,1998IN BOOK IO84 AT PAGE 943, EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998IN BOOK IO94 AT PAGE 5I7, NINTH SI,'PPLEMENTAL DECLARATION RECORDED AUGUST 17. 1999 IN BOOK II45 AT PAGE680, TENTH SUPPLEMENTAL DECLARATTON RECORDED NOVEMBER 19, 1999 IN BOOK 116I AT PAGE 293, ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999IN BOOK II5I AT PAGE 87? AND TWELFTH SUPPLEMENTAL DECI c'RATtoN REooRDED DECEMBER 14, 1999lN BOoK I 164 AT PAGE ?55 AND TTIIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2OOO IN BOOK I I97 AT PAGE 740 AND FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 8, 2OO3 IN BOOK 1467 AT PAGE 9IO. TERMS, CONDITTONS, AND PROVISIONS OF SI'BDIVIDER'S AGREEMENT RECORDED April 06, 1995, IN BOOK 936 AT PAGE 444 AND AS AMBNDED tN INSTRUMBNT RECORDED November 19, 1995. IN BOOK t l6t AT PAGE 282 AND SEPTEMBER 23, 1990 IN BOOK I l5l AT PAGE 866. EASEMENTS AND RJGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 458. TERMS, CONDITIONS, PROVISTONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND R]GHTS OF WAY AS CONTAINED IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RT]CORDED APRIL 6, rees lN BooK 936 AT PAGE 314. TERMS, CONDITIONS AND PROVISIONS OF TP€NCH, CONDUIT AND VAULT AGREEMETNS RECORDED DECEMBER OI, 1995 IN BOOK 959 AT PAGE 968 AND RELURDED DECEMBER 12, 2OOO IN BOOK I22I AT PAGE 8OI. EASEMBNT AND RIGHT OF WAY AS GRANTED TO ROCKY MOUNTAIN NATURAL GASCOMPANY IN INSTRUMENT RECORDED APRIL30, 1996IN BOOK 976 AT PAGE 13. TERMS, CONDITIONS AND PROVISTONS OF WARMNTY DEED AND GRANT OF EASEMENT RBO0RDED Decembcr 31, 1996IN BooK 1005 AT pAcE 228. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDBR'S AGREEMENT RECORDED Julv 15, 1997, IN BooK 1026 AT PAGE r49 AND As AMENDED IN INSTRUMEN.T RECORDED Pebruary 10, 1998, tN BOOK t053 AT PAGE t7. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED Mav 20. 199E, IN BooK l06E AT PAGE693 AND As AMENDED IN INSTRUMENT RECORDED Augusr 24, 1998, IN BOOK t0g4 AT pAcE 953. TERMS. CONDITIONS AND PROVISIONS OF GRANT OF LANDSCAPING EASEMENTRECORDED February 13, 1998 tN BOOK t053 AT pAcE ?12. fi I rllttr rirtt ntttl ltn tlll lull llull tttft ffi [] 630?29 O6rcAl2OOt 0{:37P 81487 Pt}15 ll 0LSOORF 6 of 8 R {1.00 D 100.00 GRRFIEL0 COUNTY c0 EXIIIBIT Our Order No. GW237636-3 EASEMENTS, RJGIITS OF WAY, ENCROACHMENTS AND OTHER MATTEPS AS SHOWN ON THE SURVEY OF SUBJECT PROPERTY, DATED JUNE 26, 2OO3 PREPARED BY SCIIMUESER GORDON MEYER AS JOB NO, 93028. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION NO. 97-79 RECORDET) August 20.1997 tN BOOK 1030 AT PAGE7Z2. ANY QUESTION, DISPUTE OR ADVERSE CI.AIMS AS TO ENY I.C,SS OR GAIN OF LAND AS A RESULT OF ANY CIIANGE IN THE RJVBR BED LOCATION BY NATUML OR OTHER THAN NATUML CAUSES, OR. ALTBMTION THROUGH ANY CAUSE,NATUML OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARJNG FORK RIVER LYING WITIIIN SUBJBCT LAND: AND ANY QUESTION AS TO THE LOCATION OF SUCI{ CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJBCT LANDS. TERMS, MNDITIONS, PROVI$ONS, EASEMENTS AND RIGHTS OF WAY AS CJONTAINED IN EASEMENT RECORDBD JANUARY 17, 2OOO IN BOOK I169 A1'PAGE 5. il,r f [[?ry![ll!Ilt$I[!#ulilf il,4,'.,.,$,,H'I of I R .l.ga D loo.os aeniiir-b-iiuuy co SPECIAL WARRANTY DEED TIIIS DEED, Made *is 3O{rhyof June,2003, between ASPEN GLEN GOLF COMPANY, a Colorado limited partnership, Crantor, and ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY, a Colorado corporation whose legal address is P.O. Box tl9012-9012, Dallas, TX 75381 of the County of State of Tcxas, Grantee: WITNESSETH, That thc Grantorr for and in consideration of the sum of rr' Tcn and00/l00ths r'r DOLLARS ($10.00), the receipt and sulliciency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by thesc presents does grant, bargain, scll, convoy, and confirm, unto the Grantee, its heirs and assigns forevor.all the real propcrty, togetherwith improvements, if any, situate, lyingandbeing in thcCountyofcarlield, Srate of Colorado, dcscribed as follows: See Exhibit ",A" attachcd hereto and made a part hereof. also known as: Aspen Glcn Golf Course, Carbondale, CO 81623 TOGETHER with all and singular lhe hereditaments and appurtenances thereto belonging, or in anyrise appertaining, and thc rpvercion and reversions, rcmainder and remainders, rents, iosucs and profrts thereof; and all the estate, right, litle, interest, claim and demand whatsoever of the Grantorr eilhcr in law or equity, of, in and to the above bargaincd premises, wilh the herediuments and appurtenanceq TO HAVE AND TO HOLD the said premiscs abovo bargained and described with the appurtenanc€s, unto the Grantee, its heirs, successors and assigns forever. The Grantor, for itselfi, its succcssors and assigns. does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaccable possession oftho Crantee, its heirs, succcssors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, subject to those matters sct forlh gn Exhibit "B" attached hereto and made a part hereof. lN WITNESS WHEREOF, the Crantor has executed this decd on the datc sct forth abov€. ASPEN GLEN GOLF COMPANY. ,." a Colorado limited partnership By: Management a Panis, Vice President STATEOFCOLORADO ) cor.iNTY oF .ARF*LD ]" The foregoing instrument was acknowtedged before me on rhis : : l^rof June, 2003, by Donald L. parris, vice President of Management Company for Aspen Clen, a Colorado co.poration, Ceneral partner of Aspen Gten Golf Company, a Colorado limited partnership. Wilness my hand and ollicial seal My commision expires Wtcn Rccordcd Rcturn to: trm,t47 J,(,/oolii;;ih":?* g'n1,,{,,re b ,o E.ru.Oo(5lrqaid^FotirDof,ffilxnsrc-?rDttD.dr.tHtrra -)\ tj E ,t l, (r2, ri) 6;tu ),)rl ; ttiAIiGAttE'f R. JOyI Norn[ry puBLtcHIffi 3b 'D c//"{,7-tr'75)tl -42 / 0 ill]il l]il 1]l[ ]il llll lllllt illlll I I lil lllt 630?292of8 O6/3O/2UD3 Ofr37P B1f87 Pl39 r flLSDORFil {1.0O D TOO.OO GRRFIELD COUNTY CO EXHIBIT A GOLF COURSE PARCFLS I AND 2 ACCORDING TO THE AMENDED PLAT OF GOLF COURSE PARCEI,S 1 AI.ID 2, ASPEN GLEN FILINC NO. I, RECORDED APRIL 23, 1997 As RECEPTIoN NO. 507378 OFTHE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO GOLF COURSE PARCEL 3 ACCORDING TO THE AIVTENDED PI..AT OF GOLF COURsE PARcEL 3, ASPEN GLEN PILINO NO. I, RECORDED APRIL 23,1W7 AS RECEPTION NO. 507372OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COI.OMDO. GOLF COURSE PARCEL 4 ACCORDING TO THE AMENDED PT..A,T OF GOLF COURSE PARCEL 4 AND OPEN SPACE, ASPEN OLEN FILING NO. I, RECORDED APRIL 23. IW7 AS RECEPTION NO. 5V1373 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO. GOLF COURSE PARCEL 5 ACCORDING TO TITE 2ND AMENDED PLAT OF GOLF COURSE PARCEL 5, ASPEN GLEN FILING NO. I, RECORDED NOVEMBER 26,1W7 AS RECEPTION NO. 5rcN4 AF THE RECORDS OFTHECtsRI( AND RECORDER OF GARFIELD COUNTY, COL,TORADO. GOLF COURSE PARCEIJ 6 AND 7 ACCORDING TO THE AIUENDED PT.AT OF OOLF COURSE PARCEI.S 6 AND 7, ASPEN GLEN FILING NO. I, RECORDED APRIL 23, IggT AS RECEPTION NO. 5V1116 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFTELD COU}.ITY, I COLORADO. GOLF COUR.SE PARCEL 8 ACCORDTNG TO THE AMENDED PIAT OF GOI,F COURSE PARCEL 6, ASPEN GLEN FILTNG NO. I, RECORDED APRIL 23,I1YI AS RECEPTION NO. 507374 OF THE RECORDS OF TITE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO. GOLF COURSE PARCEL 9 ACCORDINO TO THB AMENDED PLAT OF GOLF COURSE PARCEL 9, ASPEN GLEN FILING NO. I, RECORDED APRIL 23,Ig9r. AS RECEPTION NO. 5O7}75OF'THE RECORDS OF THE CLENK AND RECORDER OF GARFIELD COUNTY, COLORADO. GOLF COURSE PARCEL TO ACCORDING TO THE AMENDED PIAT OF GOLF COURSE PARCEL IO AND OPEN SPACE, ASPEN GLEN FILING NO. I, RECORDED APRIL23, 1997 AS RECEPTION NO.5m377 oF THE REcoRDs OF THE CLERK AND RECORDER oF GARFIELD couriy, coLoRADo. GOLF CLUBHOUSE PARCEL ACCORDING TO TI{E FINAL PLAT, ASPEN GI.EN CLUBHOUSE AND CLUBLODGE RECORDEDNOVEMBER 19,.1999 AS RECEPTTON NO. 555595. COUNTY OF GARFIELD STATE OF COI-oRADO r nmnm mr ur mr ttnll urm nrfiu il tllrC30729 OAl3Ol20o,3 04:3?P Bll87 P4tt0 tt RLSDORF3 of E R {1.00 D 100.00 G0RFIELD COU]|W co EXTIIBIT Our Order No. GW23?636-3 THE EFFECT OF TNCLUSIONS IN ANY GENEML OR SPECIFIC WATER CONSERVANCY, FIRB PROTBCTION, SOIL CONSERVATION OROTHER DTSTRICT OR INCLU$ON IN ANY WATER SERVICB OR STREET MPROVEI\,IENT AREA. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. RIGHT OF A PROPRIETOR OF A VEIN OR LODE TO EXTRACT OR R.EMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PBNETRATE OR INTERSECT THE PREMISES I{EREBY GRANTED, AS RESERVED IN THE FOLLOWING UNITED STATES PATENTS: PATENT RECORDED MARCH 12,I89Z IN BOOK 12 AT PAGB II9. PATENT RE@RDED APRIL II, 1892IN BOOK 12AT PAGE I33. PATENT RECORDED APRIL 16, 1892IN BOOK 12 AT PAGE I35, PATENT RECORDED NOVBMBER 12,I892IN BOOK 12 AT PAGE I92. PATENT RECORDED OCTOBER 24,1893IN BOOK 12 AT PAGE2l,g, PATENT RBCORDED NOVEMBER I, 1893 IN BOOK 12 AT PAGE 250. PATENT RECORDED NOVEMBER 18, 1893 IN BOOK 12 AT PAGE 255. PATENT RECORDED ruLY 2J, 1894 IN BOOK 12 AT PAGE 329. PATENT RECORDED JULY 25, 1894 IN BOOK 12 AT PAGE 332. PATENT RECORDED JANUARY T9, 1895IN BOOK 12AT PAGE 35I. PATENT RECORDED MAY 24, 1897 IN BOOK I2AT PAGE46I. PATENT RECORDED JULY 25, I9lO IN BOOK 7I AT PAGE426 PATENT R.ECORDED 'UNE24. 1893 IN BOOK 12 AT PAGE235. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES. AS RESERVED IN THE FOLIOWING UNITED STATBS PATENTS: PATENT RECORDED OCTOBER 24, 1893 IN BOOK 12 AT PAGE 249. PATENT RECORDED NOVEMBER I, IE93 IN BOOK 12 AT PACE 250. PATENT RECORDED NOVEMBBR 18, 1893 IN BOOK 12 AT PAGB 255. PATENT RECORDED 'ULY 25, 1894IN BOOK 12 AT PAGE 329. PATENT RECORPEP IULY 25, IE94 IN BOOK 12 AT PAGE 332. PATENT RECORDBD TANUARY 19, 1895 IN BOOK 12 AT PAGE 35I. PATENT RECORDED MAY 24, 1897 IN BOOK 12 AT PAGE 46I. PATENT RBCORDED JULY 25, I9IO IN BOOK 7I AT PAGE 426. PATENT RECORDBD JULY 28, 1952IN BOOK 255 AT PAGE 16I. PATENT RECORDBD MAY 4. 1956 IN BOOK 292 AT PAGE 508. PATENT RBCORDED MARCH II, 1957IN BOOK 298 AT PAGE 150. PATENT RECORDED JUNE 24, 1893 IN BOOK 12 A'r PAGE 236. EXCEPTING AND RESERVING, ALSO, TO THE UNTTED STATES, PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST l, 1946 (60 STAT., 755) ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIAIS, WHETHER OR NOT OF COMMERCIAL VALUE. TOGEf,HBR WITH THE RIGHT OF THE UNITED STATES THROUGH ITS AUTHORIZED AGENTS OR REPRESENTATIVES AT ANY TIME TO ENTER UPON THE T.AND AND PROSPECT FOR, MINE AND RBMOVE THE SAME. RESERVING TO THE UNITED STATFS, ITS' PERMITTEE OR LICENSEE, TI{E RIGHT TO ENTER UPON, OCCUPY AND USB, ANY PART OR ALL OF LOT 20 OF SAID SECTION 20, FOR THE PURFOSES PROVTDED IN THE ACT OF JUNE IO, 1920 (4t STAT., 1063) AND SUBJBCT TO THE @NDITIONS AND LIMTTATTONS OF SECTION 24 OF SAID ACT AS AMENDED BY THE ACT OF AUGUST 26, 1935 (49 STAT.. 8.16), ALL AS RESERVED IN THE UNITED STATES PATENT RECORDED JULY 28, 1952IN BOOK 265 AT PAGE 16I. Ulllll lllllllllll llll llll llllll llllllllr, --,il llllllll630729 O6/u/20[,3 0{:37P Bt40? p{tl ,t nlSOOnF{ of 8 R 41.00 D 100.00 GRRFIELD COUflTv co EXTIIBIT Our Order No. GW237636'3 PRIOR RESERVATIONS AND CONVBYANCES OF MINERALS, MINERAL RIGHTS, OIL, GAS AND OTHBR HYDROCARBONS, ANY AND ALL ASSIGNMBNTS THEREOF OR INTERESTS THBREIN, AS CONTAINED AND DBSCRIBED IN TI{E FOLLOWING INSTRUMBNTS: A. AN UNDIVIDED ONE.FOURTH INTBREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERAI.S OF EVERY KIND AND NATURE AS RESERVED BY LEONTS P. CHUC IN WARRANTY DEBD RECORDED DECEMBER 26, I95E IN BOOK 3I4 AT PAGE 160. B. AN UNDIVIDED ONB.FOURTH TNTERESI IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERAIS OF EVERY KIND AND NATURE AS RESERVED BY CAESAR J. CIIUC IN WARRANTY DEED RECORDED SEPTEMBER 26, 196I IN tsOOK 336 AT PAGE 570. C. RESERVATION OF A SEVEN PERCENT ROYALTY FROM AND OUT OF ALLOF THE OIL, GAS AND OTHER MINERAI^S PRODUCED AND SAVED FROM SAID LANDS AS RBSERVED BY LILLI,AN I. CORYELL, PERRY C. @RYELL AND PERRY L. CORYELL IN WARRANTY DEED RECORDED JANUARY 5, 1965 IN BOOK 363 AT PAGE 33. D, ALL OIL, GAS AND OTHER MINERALS AS RFSERVED BY WILLTAM WALTER CENTRY AND WILLIAM GENTRY IN DEED RECORDED MAY 8, I95O IN BOOK 250 AT PAGE 27I. E. AN UNDIVIDED I/50 INTBRBST OF ALL OILAND GAS AS RBSERVED BY ELLA J. CHASE IN DEED RECORDED JUNE 12. I95I IN BOOK 258 AT PAGE 594. F. AN UNDIVIDED ONE.HALF INTEREST OF ALL MINEMLS AS RESERVED BY T.M. SANDERS IN DEED RECORDED OCTOBER 13, 1964 IN BOOK 36I AT PAGE 275. G. AN UNDIVIDED 6 I/4 PERCENT ROYALTY INTEREST IN ALL OIL. GAS AND O'I'HER MINERALS PRODUCED AS CONVEYED TO T.M. SANDERS BY DEED RE@RDED DECEMBER 17, 1964 IN BOOK 362 AT PAGE 445. RIGHTS OF WAY AND EASEMENTS FOR ROADS, STREETS, HIGHWAYS, RAILROADS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONTATNED IN AND AS DESCRIBED IN THE FOLLOWING TNSTRUMENTS: A. THE CRANE AND PEEBLES DITCH AS DESCRIBED IN STATEMENT RECORDED MAY 2, 1889 IN BOOK 9 AT PAGE 483. B. THE PEEBLES WASTE WATER DITCH AS DESCRIBED IN MAP AND STATEMENT RECORDED JANUARY 17. 1896 AS RECEPTION NO. I9OO5. C. RIGHT OF WAY 25.00 FEET IN WIDTH, BETNO 12.50 FEET ON EACH SIDE OF THE CENTER LINE OF TIIE GLET.IWOOD SPRINGS DITCH AS CONVEYED TO THE GLENWOOD IRRJGATION COMPANY IN INSTRUMENT RE@RDED JUNE 17, I9OI IN BOOK 44 AT PAGE 457. Mr I lillll lllll llllll llll llll llllll lllllll ilfi ffi ill fura7zg d6tEot2ool 0tt:3?P ttl!? P4{2 }l RLSDoRF 3 of I R f1.00 0 100.00 GRRFIELD cOJl{TY C0 EXIIIBTT Our 0rtler No. GW237636-3 D. PERMANENT EASEMENTS AS GRANTED TO THE STATE DEPARTMENT OF IIIGI{WAYS, DIVISION OF HIG}IWAYS, STATE OF COLORADO, IN INSTRUMENT RECORDED OCTOBER 2, 1968 tN BOOK 397 AT PAGE IO4 AND RECORDBD MAY 19, I969IN BOOK 402 AT PAGE 5'1. E, RIGI{T OF WAY FOR. THE CONTINUOUS, UNINTERRTIPTED FLOW OF THE ROARING TIORK RIVER, AS SAME TRAVBRSES AND BORDERS SUBIECT PROPERTY. F, RIGHT OF WAY FOR TRANSMISSION LINE AS GMNTED TO J.F. SMITH IN INSTRUMENT RECORDED JANUARY 28,1927 tN BOOK I55 AT PAGE 33I. G. EASEMENTS AND RJGHTS OF WAY FOR TI{E CONSTRUCTION, OPERATION AND MAINTENANCE OF TELEPHONE AND TELEGRAPH LINES AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPII COMPANY IN INSTRUMENTS RECORDED FEBRUAR.Y 2,I936IN BOOK I83 AT PAGE 254 AND RECORDED SEPTEMBER I.I972IN BOOK 435 AT PAGE IO. H. EASEMENT AND RIGIIT OF WAY FOR THE DENVER AND RIO GRANDE W&STERN MILROAD AS CONSTRUCTED AND IN PLACE. I. RIGHT OF WAY EASEMENT AS GRANTBD TO IIOLY CROSS ELECTRJC A.SSOCIATION, INC. IN INSTRUMENT RECORDED JANUARY 30, I98I IN BOOK 564 AT PAGE 650. J. COUNTY ROAD VIEWERS REPORTS FTLED APRIL 24, IEE9 IN ROAD RECORDS BOOK I AT PAGE IO5 AND FILED APRIL 7, I89O tN ROAD RECORDS BOOK I AT PAGE I19. K. RIGHT OF WAY AS GMNTED TO ROCKY MOUNTAIN NATUML GAS IN INSTRUMENT RECORDED OCTOBER 19, 196I IN BOOK I37 AT PAGE246. I.. TERMS AND CONDITIONS OF LICENSE AGREEMENT BETWEEN THB MOUNTAIN STATES TELEPHONEAND TEI-EGRAPH COMPANY AND ROCKY MOUNTAIN NATURAL GAS COMPANY RECORDED JULY 5, I97I IN BOOK 432 AT PAGE 536. M. EASEMENT AND RIGI{T OF WAY FOR INGRESS AND EGRESS FOR ROAD AND IJTILITY LINE ALONG PRESENT ROADWAY AS GRANTED TO DAVID T. WHIDDON IN IN.STRI'MENT RECORDED SEPTEMBER 30, 1977IN BOOK 5OI AT PAGE 263. N. BASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY LINE PURPOSES AS GRANTED TO NEIL S. MINCER IN TNSTRUMENT RE@RDED FEBRUARY 2, I9?O IN BOOK 407 AT PAGE 403. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS. EASEMENTS AND RIG}ITS OF WAY AS CONTAINED IN AGREEMENT BETWEEN ASPEN GLEN GOLF PARTNEPS AND ROSS 'EFFERY RECORDED JULY J, 1994 IN BOOK 907 AT PAGE 8OI. TERMS, CONDITIONS, PROVISIONS AND RESTRICTIONS AS CONTAINED IN EASEMENTS RECORDED FEBRUARY IO, T995IN BOOK 93I AT PAGE 354. Mr L[ll!-llltl llllltlll| lllulllll llllil rrtlf lil Ll630zze oa rco / 2@s 4 i rrF-ilie7Fiii-]t'Asitfii.6 0f 8 R 4r.00 D too.ua cnnriem-ibunrv co EXIIIBIT Our Order No. GW237636-3 NOTE: AFFECTS PARCEL B ONLY TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARPIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS, AS SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92.056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGB 30s. B. RFSOLUTION NO. 93.I2I RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO. 94-OO8 RE@RDBD FEBRUARY 2,1994IN BOOK 89I AT PAGE 620. D. RESOLUTION NO. 94.089 RECORDED AUGUST 9,1994IN BOOK 9I I AT PAGE 791, E. RESOLUTTON NO. 94-139 RECORDED DECEMBER 13, 1994IN BOOK 925 AT PAGE 345. F. RESOLIJTION NO. 95-OO4 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64. G. RESOLUTION NO.96-06 RECORDED FEBRUARY 9, 1996IN BOOK 966 AT PAGE 682. II. RESOLUTION NO. 96.07 RBCORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE 686. I. RESOLUTION NO.96.26 RECORDED MAY 9, 1996 IN BOOK g77 AT PAGE 399. TERMS, CONDITIONS, PROVISIONS AND OBUGATIONS AS CONTAINED IN AGREEMENTS RECORDED APRJL 12,I992IN BOOK 827 AT PACE 636 AND RECORDED JUNE 29, 1993 IN BOOK E35 AT PAGE 364. TERMS. CoNDITIONS, PROVISIONS, OBLIGATIONS, BASEMENTS AND RICHTS OFWAY AS CONTAINBD TN AGREEMENTS BY AND BETWEEN UNION OIL COMPANY OFCALIFORNIA, ASPEN GLEN GoI..F PARTNERS, LTD., AND THE ASPEN GLEN SANITATION DISTRICT RBOORDED AUGUST 19, 1994 IN BOOK 9I2 AT PAGE 970 AND RECORDED AUGUST 19, 1994IN BOOK 9I2 AT PAOE 973. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTI{ ON THE PLAT OFASPEN CLEN PI.ANNED UNIT DEVEIJ0PMENT RECORDED APRIL 6, 1995 UNDER RECEPTION NO. 476330 AND PLATS RECOR.DED APR.IL 23, Iggl AS RECEPTION NOS. 507372, 5Vt373, 507374, s07375, 507376, 5W377 AND 50737E ANDPLAT RECORDBD NOVEMBER 25, 1997 AS RECEPTION NO. 516977, RECORDED FEBRUARY IO, 1998 UNDER RECEPTION NO.52O2O8 AND RECORDED NOVEMBER9, 1999 UNDER RECEPTION NO.555595 AND PI.AT RECORDED MAY 8, 2OO3 UNDER RECEPTION NO. 626949. RESTRICTIVE COVENANTS. WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN MASTER DECTARATION OF COVENANTS, CONDITIONSAND RESTzuCTIONS FOR ASPEN GLEN RECORDED APRTL 06, 1995, IN BOOK 936AT PAGE 350. FIRST SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997IN r nnr nur llur lnt ml uut nttut tililr m ilt 630729 O6/3Ol2Oot 04:37P BtaE? Pfi4 ]l RLSDORF 7 of 8 R 11.00 O IOO.OO GRRFIELD COINTY C0 EXIIIBIT Our Order No. GW237636-3 BOOK 1026 AT PAGB 16I, SECOND SUPPLEMENTAL DECI-ARATION RECORDED NOVEMBER ?fi, 1997IN BOOK IM3 AT PAGE 850, TIIIRD SUPPLEMENTAL DECI..ARATION RECORDED FEBRUARY IO, 1998 IN BOOK IO53 AT PAGE E, FOURTH SUPPLEMENTAL DECI.ARATION RECORDED FEBRUARY IO, 1998 IN BOOK IO53 AT PAGE 30, FIFTH SUPPLEMENTAL DECLARATION RECORDED MAY I, 1998 tN BOOK 1065 AT PAGB 8OO, SIXTH SUPPLEMENTAL DECLAMTION RE@RDED MAY 22, 1998 IN BOOK 1069 AT PAGB 58, SEVENTH SUPPLEMENTAL DECI.AMTION RECORDED AUGUST U,I998IN BOOK IO84 AT PAGE 943, EIGHTH SUPPLEMENTAL DECLAMTION RECORDED OCTOBER 26,I998IN BOOK IO94 AT PAGE 5I7, NINTH SI'PPLEMENTAL DECLARATION RECORDED AUGUST 17. 1999 tN BOOK II45 AT PAGE680, TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 116I AT PAGE 293, ELEVENTH SUPPLEMENTAL DECT.ARATION RECORDED SEPTEMBER 23, 1999 IN BOOK I I5I AT PAGB 877 AND TWELFTH SUPPLEMENTAL DECI-AMTION RECORDED DECEMBER 14,I999IN BOOK I 164 AT PAGE 755 AND TTIIRTEENTH SUPPLEMBNTAL DECLARATION RECORDED JULY 17, 2OOO TN BOOK I I97 AT PAGE 740 AND FOURTEENTH SUPPLEMENTAL DECLARATION RECCIR,DED MAY 8, 2OO3 IN BOOK 1467 AT PAGE 9IO. TERMS, CONDITTONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED April 06, 1995, IN B@K 936 AT PAGE 444 AND AS AMBNDED IN INSTRUMBNT RECORDED November 19, 1995. IN BOOK t 16l AT PAGE 282 AND SEPTEMBER 23. I99O IN BOOK I I5I AT PAGE 866. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED APRIL 6. 1995 IN B@K 936 AT PAGE 45E. TERMS, CoNDlTIoNs, PRovlstoNs, oBLIGATIoNS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN DECLAMTION OF @LF FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RT]COR DED APRIL 6, 1995 IN BOOK 936 AT PAGE 3I4. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMETNS RECORDED DECEMBER OI, 1995 IN BOOK 959 AT PAGE 968 AND RELURDED DECEMBER 12,2OOO IN BOOK I22I AT PAGE 8OI. EASEMENT AND RIGHT OF WAY AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS COMPANY IN INSTRUMENT RECORDED APRIL 30, 1996 IN BOOK 976 AT PAGE 13. TERMS, CONDITIONS AND PROVISIONS OF WARMNTY DEED AND GMNT OF EASEMENT REC0RDED December 31, 1996IN BooK 1005 AT pAcE 228. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDEDJuly 15, 1997, IN BooK 1026 AT pA6E r49 AND AS AMENDED IN tNsTRUMtsN.r RECORDED February t0, 1998, IN tsOOK l0j3 AT PAGE t7. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED Mav 20, 199E, IN BooK 1068 AT pAcE 693 AND As AMENDED IN INSTRUMENT RECORDED Augusr 24, tgg9,lN BOOK t0g4 AT pAcE 9S3. TERMS. CONDITIONS AND PROVISIONS OF GRANT OF LANDSCAPING EASEMENTRECORDED February 13, l99E tN BOOK t053 AT PAGE 712. ffr' r tlrir nttt lun lut til lultl tltnlt nfil ffi ml 6s0?29 6/3012003 Ol:37P B1f67 P/t45 ll RLSD0RFI of 8 R /t1.00 D 100.00 GRRFIELO COJIITY c0 EXHIBIT Our Order No. GW237636-3 EASEMENTS, RIGIITS OF WAY, ENCROACHMENTS AND OTHER MATTERS AS SITOWN ON THE SURVEY OF SUBJECT PROPERTY, DATED JUNE 26, 2OO3 PREPARED BY SCIIMUESER @RDON MEYER AS JOB NO. 93028. TERMS, CONDITIONS AND PROVISTONS OF RESOLUTION NO. 97-79 RECORDED August 20,1997 tN BOOK 1030 AT PAGiETZZ. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED IOCATION BY NATUML OR OTHER THAN NATUML CAUSES, OR ALTBMTION THROUGH ANY CAUSE,NATUML OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARINGFORK RIVER LYINGWITTIIN sUB,EcT LAND: AND ANY QUESTION AS TO THE IJCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT ORMARKER FOR PURPOSES OFDESCR]BING OR LOCATING SUBJECT LANDS. TERMS, MNDITIONS, PROVISIONS, EASBMENTS AND RIGHTS OF WAY ASCONTAINED TN EASEMENT RECORDED JANUARY 17, 2OOO IN BOOK I169 A'I'PAGE 5. il,r 0S/30/2004 10:48 FAX 0728887301 CLTTBCORP PTIRCHASIN @ooz September22,2004 Garfie1d Corurty Building and Planning Deparhnent ATTN: Mark Bean, Director 108 8ft Steet, Suite 201 Glenwood Springs, CO 81601 'Re: ,4spen Glen Golf Course Parcel No' 9 DearN{r. Bcan: Aspen Glen Golf Club Managernent Company is now the owner of all of the parcals of real propeity which comprise the Aspen Gten Golf Cor.rse, including, withbut limitation, AsPen Ot"n Cof Loror Parcel No. 9. We have determined that it is appropriate to make a minor adjustmcnt of a portion of the exterior bouudary of Golf Course Parcel No. 9 in order to facilitate thi sale of an ^adjacent real estate development parcet. We therefore desire to submit an application for apfroval of a 2nd Amended Plat of Golf Parcel No. 9, Aspen Glen, Fiting No- 1, Cirfield County, -Colorado. $/e hereby authorize Lawrence R. Green and his firm Balcomb & Cneen, P.C. to r"Uott and prosecute an application for a 2nd A:nended Plat of Golf Coruse Parcel No. 9. Please correspond direcfly with Mr. Green on all matters regarding such application. Very truly yours, ASPEN GLEN 6OLF CLUB MANAGEMENT COMPA}IY, a Colorado colporation ocr. a.?aa4 2:38Pl,l RSPEN GLEN GOLF CO NO.818 P.?/? Aspr.x G.rnr Crorp Corupercy October 8,2004 Ga#eld Courty Building and Planning Department ATTN; Mark Bean, Director 108 8th SeeeL Suire 201 Glenwood Springs, CO 81501 Re: As?m Gln Golf Cornse Patcelhlo. 9 Dear Mr. Bean: Aspen Glen Golf Company is the owner of a parcel of real property located within the Aspen GIen P.U.D. whictr is adjacent to Aspen Glst Golf Course Parcel No, 9, We are aware that Aspen Glen Golf CIub Management Company, the owner of ttre Aspen GIen Golf Course, including, Golf Course Parcel No. 9, is submitting to Garfield County an AppHcation for approval of ttre Second Aurended Plat of C,oU Course Parcel No. 9, Aspen Glert, Filing No. 1 ("Amended Plaf'). We are aware that upon its approval and recordation the Amended Plat will modify fhe boundary lines of the ProPerty we own which is adjacent to Golf Course Parcel No, 9, We have reyiewed and approved the proposed Anrended Plat and we hereby join in the request that Garfield County aPProve the A:rrended Plat Finally, we hereby authorize Lawrence R. Green and his firm Balcomb & Green, P.C. to represent Aspen Glen Golf Company in fhis matter and to submit and process the Application for the Amended Plat, Please correspond directly with Mr, Green on all matters regarding the interests of Aspen Glen Golf Company with respect to this Application. ,tsPE!.t GLBN RBcBpTIoN GlsrEn: 9929 Snrm HrGHw y 82 . Cennoroer& CoreReoo 91623 . 9?0-963.4596 . l-EOU2774Sl6 Aspen Glea Gol/ Conpary is qt fftltatc of Club Corporurlon of Arnerica and the Malnav Compoty Very kuly yours, Donald L, Parris, Viee President EowARD MULHALL, JR. ScoTT BALCoMB LAWRENCE R. GREEN TIMoTHY A. THULSoN OAvrD C. HaLLFoRD CHRISToPHER L. CoYLE THoMA5.J. HARTERT CHR|SToPHER L. GETGER ANNE MARIE MCPHEE DEBoRAH DAvrs* SARA M. DUNN. AGo AoMmEo ro FrcTrcE ri NEw YoFK ND MraaouRr VIA HAND DELIVERY TO: BAlcoMg & Gnppx, P.C. ATTORNEYS AT IJAW P. O. DRA\^/ER ?9O 818 COI,ORADO A}IEIYUE GTJEIYWOOD SPRTNGS, COLORADO 41602 Telephone: 970.945.6546 Facsimile: 970.945.9769 w.balcomboreen.com October 8,2004 OF COUNSEL: KENNETH BALCoMB JoHN A. THULSoN Mark Bean, Director Garfield County Building and Planning Department 108 8ft Sheet, Suite 201 Glenwood Springs, CO 81601 Re: Aspen Glen Golf Course Parcel No. 9 Dear Mark: On behalf of the Aspen Glen Golf Club Management Company I am enclosing herewith an Application for a Second Amended Plat of Golf Course Parcel 9, Aspen Glen, Filing No. 1. This Application does not increase the number of dwelling units or lots within Aspen Glen, does not result in the major relocation of a road or the addition of any roads, and it does not result in the relocation ofproperty lines between more than two properties. Therefore, this Application is being submitted pursuant to procedure I of Garfield County's procedural requirements for an amended plat. The Application consists of the following: 1. Two copies of the completed Amended and Corrected Plats Application form; 2. Two copies of a narrative explanation of the reasons for this Application; . 3. Two copies of the proposed Amended Final Plat; 4. Two copies ofaletter fromAspenGlen GolfClub Management Company, theowner of the Aspen Glen Golf Course, authorizing me to submit and prosecute this Application on their behalf; RECfrI{V&D ocr 0 I 2A04 ft-rs,ii,-#-rof# BAr,coMB & Gnppx, P.C. ATTORNEYS A'I IIAW Mark Bean, Director October 8,2004 Page2 5. Two copies of a letter from Aspen Glen Golf Company, the owner of the parcel of land adjacent to a portion of Golf Course Parcel 9, indicating their knowledge and support of the within Application. 6. The signed Agreement for Payment form, together with our check in the amount of $100.00, which we understand to be the Application fee. I look forward to working with you to process this Application in a prompt manner. Very truly yours, BALCOMB & GREEN, P.C. LRG/bc Encls. xc: Donald L. Pa:ris (dout encls.)