HomeMy WebLinkAbout08 Vesting Deed and Legal Description1111 Milli Pl'' IL 'I f1/211INIWIL �S1111
Reception#: 801662
04/22/2011 09:40:43 RM Jean Rlberico
1 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO
CONFORMED
COPY
[**NO DOCUMENTARY FEE PAYABLE PURSUANT TO COLORADO REVISED STATUTES SECTION
39-13-102(2)(a).]
After Recording Return To:
SPECIAL WARRANTY DEED
This Special Warranty Deed (this "Deed") is dated this 2.2- day of April, 2011, between
CARBONDALE INVESTMENTS, LLC, a Texas limited liability company ("Grantor")
whose, address is 5121 Park Lane, Dallas, Texas 75220 and CARBONDALE INVESTMENTS,
LLC, a Texas limited liability company ("Grantee") whose address is 5121 Park Lane, Dallas,
Texas 75220.
WITNESSETH, that : Grantor, for and in consideration of the sum of Ten and 00/100
Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which
is hereby confessed and acknowledged by Grantor, has granted, bargained, sold and conveyed,
and by these presents does grant, .bargain, sell, convey and confirm unto Grantee, all of that
certain real property, situate, lying and being in the County of Garfield, State of Colorado, and
more particularly described on Exhibit A attached hereto (the "Property");
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 Grantor, either in law or equity, of, in and to the Property;
SUBJECT TO all covenants, conditions, easements, exceptions, encumbrances,
reservations and restrictions of record, including, but not limited to, that certain conservation
easement granted to the Roaring Fork Conservancy, a Colorado nonprofit corporation, pursuant
to the Grant of Conservation Easement recorded in the records of the Clerk and Recorder of the
County of Garfield as Reception No. 559036, and the conservation easement plat recorded in the
records of the Clerk and Recorder of the County of Garfield as Reception No. 760751, and all
terms and conditions of the same are incorporated herein by this reference;
TO HAVE AND TO HOLD the Property above bargained and described unto Grantee
forever;
AND Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet
and peaceable possession of the Property, by Grantee, against every person who lawfully claims
the Property or any part thereof, by, through or under Grantor, subject to covenants, conditions,
easements, exceptions, encumbrances, reservations and restrictions of record and the covenants,
conditions, restrictions and reservations herein contained.
[Signature and acknowledgment pages follow.]
Special Warranty Deed
IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first
written above.
GRANTOR:
CARBONDALE INVESTMENTS, LLC,
a Texas limited liability co any
By:
Name: k.cs S
Its:
/61,51-46,4,,_,,,,,v,„
STA I'E OF COLORADO )
)s
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this a 2- day of April, 2011, by
?act Sas Aurf/d Sj,.440of Carbondale Investments, LLC, a Texas limited
liability company.
WITNESS my hand and official seal.•
My commission expires:
igat e - ;404,
cc
[Grantee's signature and acknowledgment page follows.]
.
Q�
',° toTE�Ot44%
Special Warranty Deed
Grantor Signature and Acknowledgment
Agreed to and Accepted:
GRANTEE:
CARBONDALE INVESTMENTS, LLC,
a Texas limited liability company
By: 4
Name: c wooc, Vveeard
Its: au-lbove. zel sly rim i Ci -
STATE OF COLORADO )
) ss.
COUNTY OF .GARFIELD )
The foregoing instrument was acknowledged before me this ?.1m/day of April, 2011, by
20 c kwc: SY! € 'c asotv- k xi skg 1c.—of Carbondale Investments, LLC, a Texas limited
liability company.
WITNESS my hand and official seal.
My commission expires: /t4 23, Zd/3
ublic
3
Special Warranty Deed
Grantee Signature and Acknowledgment
EXHIBIT A
to
Special Warranty Deed
Legal Description
Parcel A (South Parcel)
A tract of land situated in the east half of Section 12, Township 7 South, Range 89 West, and in the west
half of Section 7 and in the north half of Section 18, Township 7 South, Range 88 West of the 6th
Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows:
Beginning at a point on the westerly right of way line of Colorado State. Highway 82, whence a 2 1/2"
Brass Cap, found in place and correctly marked as the southeast corner of said Section 7, bears S
78°49'20" E a distance of 2150.14 feet;
thence, along said right of way line S 09°35°09 E a distance of 401.79 feet;
thence, S 09°35°09 E a distance of 1545.87 feet;
thence, 626.05 feet along the arc of a curve to the left having a radius of 1482.50 feet, a central angle of
24° 11'44" and subtending a chord bearing of S 21°41'02" E a distance of 621.41 feet;
thence, S 33°46°54 E a distance of 387.28 feet;
thence, 29432 feet along the arc of.a curve to the right, having a radius of 2815.00 feet, a central angle of
5°59'26" and subtending a chord bearing of S 30°47°11 E a distance of 294.19 feet;
thence, departing said right of way line N 89°53°16 W a distance of 218.07 feet;
thence, N 40°23°30 W a distance of 69.3.8 feet;
thence, S 87°28°29 W a distance of 36.35 feet;
thence, S 83°52°12 W a distance of 10.80 feet;
thence, N 58°27°19 W a distance of 41.45 feet;
thence, N 29°51°31 W a distance of 8.28 feet;
thence, N 24° 16°24 W a distance of 25.22 feet;
thence, N 69°00°53 W a distance of 9.87 feet;
thence, S 87°31°44 W a distance of 22.60 feet;
thence, N 57°25°01 W a distance of 17.28 feet;
thence, N 50°09°49 W a distance of 26.07 feet;
thence, N 46°21°12 W a distance of 9.99 feet;
A -.1
Special Warranty Deed
Legal Description of the Property
thence, N 44°28°05 W a distance of 21.45 feet;
thence, N 55°50°08 W a distance of 49.05 feet;
thence, N 56°25°40 W a distance of 49.94 feet;
thence, N 68°12°23 W a distance of 36.45 feet;
thence, N 46°54°04 W a distance of 55.18 feet;
thence, N 68°49°21 W a distance of 25.14 feet;
thence, N 47°41°50 W a distance of 78.78 feet;
thence, N 30°26°40 W a distance of 24.58 feet;
thence, N 25°47°01 W a distance of 30.08 feet;
thence, N 18°11°39 W a distance of 34.61 feet;
thence, N 30°58°21 W a distance of 29.32 feet;
thence, N 21°59°14 W a distance of 27.50 feet;
thence, N 30°16°07 W a distance of 22.97 feet;
thence, N 25°41°38 W a distance of 169.44 feet;
thence, N 41°17°39 E a distance of 82.61 feet;
thence, N 38°34°52 E a distance of 1.5.89 feet;
thence, N 34°26°44 W a distance of 262.40 feet;
thence, N 57°58°09 W a distance of 102.47 feet;
thence, N 53°43°31 W a distance of 105.38 feet;
thence, N 55°58°11 W a distance of 126.13 feet;
thence, N 56°14°57 W a distance of 118.42 feet;
thence, N 49°16°04 W a distance of 136.33 feet;
thence, N 44°30°51 W a distance of 150.05 feet;
thence, N 32°49°55 W a distance of 102.14 feet;
thence, N 37°44°19 W a distance of 552.12 feet;
thence, N 18°10°02 W a distance of 47.26 feet;
A-2
Special Warranty Deed
Legal Description of the Property
thence, N 27°58°19 W a distance of 109.20 feet;
thence, N 35°01°36 W a distance of 71.09 feet;
thence, N 41°32°47 W a distance of 152.23 feet;
thence, N 40°22°24 W a distance of 339.82 feet;
thence, N 64°20°53 W a distance of 34.06 feet;
thence, N 45°00°36 W a distance of 52.42 feet;
thence, N 44°53°41 W a distance of 154.66 feet;
thence, N 32°35°48 W a distance of 86.59 feet;
thence, N 57°01°32 W a distance of 44.89 feet;
thence, N 30°33°12 W a distance of 85.72 feet;
thence, N 37°39°02 W a distance of 79.09 feet;
thence, N 37°32°30 W a distance of 63.32 feet;
thence, N 20°02°15 W a distance of 33.98 feet;
thence, N 39°52°25 W a distance of 42.02 feet;
thence,•N 25°36°04 W a distance of 107.17 feet;
thence, N 30°34°08 W a distance of 164.72 feet;
thence, N 11°39°01 W a distance of 107.90 feet;
thence, N 24°56°06 E a distance of 163.60 feet;
thence, N 63°39°33 E a distance of 177.81 feet;
thence, N 83°14°43 E a distance. of 393.54 feet;
thence, N 07°15°26 W a distance of 21.79 feet;
thence, N 80°51°11 E a distance of 50.00 feet;
thence, N 89°15°06 E a distance of 65.56 feet;
thence, N 57°50°04 E a distance of 50.12 feet;
thence, S 84°51°15 E a distance of 33.08 feet;
thence, S 81°39°50 E a distance of 89.61 feet;
A-3
Special Warranty Deed
Legal Description of the Property
thence, N 56°07°00 E a distance of 26.86 feet;
thence, N 07°38°31 E a distance of 27.93 feet;
thence, N 37°41°57 W a distance of 28.06 feet;
thence, N 50°00°15 E a distance of 22.23 feet;
thence, N 82°02°30 E a distance of 36:49 feet;
thence, S 63°34°38 E a distance of 54.05 feet;
thence, S 45°59°58 E a distance of 20.95 feet;
thence, S 14°44°20 E a distance of 29.18 feet;
thence, S 11°11°17 W a distance of 26.42 feet;
thence, S 14°58°41 E a distance of 30.14 feet;
thence, S 43°42°10 E a distance of 69.77 feet;
thence, S 31°36°59 E a distance of 56.76 feet;
thence, S 49°38°46 E a distance of 40.12 feet;
thence, S 45°30°55 E a distance of 40.88 feet;
thence, S 60°16°38 E a distance of 43.39 feet;
thence, S 73°16°24 E a distance of 67.60 feet;
thence, S 53°05°15 E a distance of 15.86 feet;
thence, S 63°37°30 E a distance of 52.31 feet;
thence, S 83°28°21 E a distance of 46.95 feet;
thence, N 86°20°27 E a distance of 61.04 feet;
thence, N 31°59°09 E a distance of 47.07 feet;
thence, N 06°58°38 E a distance of 32.16 feet;
thence, N 72°08°07 E a distance of 7.98 feet;
thence, S 24°51°03 E a distance of 72.35 feet;
thence, S 41°52°47 E a distance of 50.71 feet;
thence, S 54°44°21 E a distance of 38.31 feet;
A-4
Special Warranty Deed
Legal Description of the Property
thence, S 83°39°39 E a distance of 87.15 feet;
thence, S 57°11°12 E a distance of 77.06 feet;
thence, S 41°51°16 E a distance of 88.65 feet;
thence, S 57°39°13 E a distance of 65.60 feet;
thence, S 49°55°38 E a distance of 74.96 feet;
thence, S 61°04°52 E a distance of 43.44 feet;
thence, S 71°46°03 E a distance of 55.45 feet to the point of beginning, containing an area of 85.924
acres, more or less.
Together with Parcel B (North Parcel)
A tract of land situated in the east half of Section 12, Township 7 South, Range 89 West, and in the west
half of Section 7, Township 7 South, Range 88 West of the 6th Principal Meridian, County of Garfield,
State of Colorado, being more particularly described as follows:
Beginning Garfield County Surveyor's 2 1/2" Brass, found in place, and correctly marked as the southeast
corner of said Section 7, thence S 49°22'15" E a distance of 5479.54 feet to the true point of beginning;.
thence, S 89°43°30" E a distance .of 1005.44 feet to a point on the westerly line of the Roaring Fork
Transit Authority Transportation Corridor Easement;
thence, along the westerly line of said Easement S 19°38°52" E a distance of 2644.53 feet;
thence, 494.34 feet along the arc of a curve to the right, having a radius of 2815.00 feet, a central angle of
10°03°42 and subtending a chord bearing of S 14°37°01" E a distance of 493.70 feet;
thence, S 09°35'09" E a distance of 120.78 feet;
thence, departing the westerly line of said Easement N 65°36'14" W a distance of 60.45 feet;
thence, N 49°54'10" W a distance of 64.72 feet;
thence, N 49°54'10" W a distance of 86.97 feet;
thence, N 48°11'10" W a distance of 54.30 feet;
thence, N 56°47'27" W a distance of 123.97 feet;
thence, N 83°47'24" W a distance of 93.00 feet;
thence, N 29°35'31" W a distance of 119.58 feet;
thence, N 78°00'43" W a distance of 33.84 feet;
thence, S 79°41'48" W a distance of 37.80 feet;
A-5
Special Warranty Deed
Legal Description of the Property
thence, S 22°57'52" W a distance of 56.05 feet;
thence, S 59°31'57" W a distance of 45.48 feet;
thence, N 82°32'35" W a distance of 28.23 feet;
thence, N 59°07'03" W a distance of 95.71. feet;
thence, N 71°20'44" W a distance of 85.73 feet;
thence, N 36°43'10" W a distance of 93.22 feet;
thence, N 25°39'22" W a distance of 181.92 feet;
thence, N 65°10'24" W a distance of 98.43 feet;
thence, S 85°0T33" W a distance of 52.20 feet;
thence, S 56°33'52" W a distance of 39.34 feet;
thence, S 20°49'33" W a distance of 42.96 feet;
thence, S 37°27'43" E a distance of 21.60 feet;
thence, N 77°02'57" W a distance of 89.66 feet;
thence, S 70°24'18" W a distance of 70.95. feet;
thence, N 88°59'39" W a distance of 55.55 feet;
thence, S 84°28'58" W a distance of 49.93 feet;
thence, N 14°22'48" E a distance of 68.20 feet;
thence, N 05°11'46" W a distance of 77.59 feet;
thence, N 18°20'05" E a distance of 10.82 feet;
thence, N 22°53'40" E a distance of 44.14 feet;
thence, N. 10°34'58" E a distance of 35.11 feet;
thence, N 08°59'51" E a distance of 47.16 feet;
thence, N 03°48'08" E a distance of 36.48 feet;
thence, N 04°40'52" E a distance, of 71.03 feet;
thence, N 07°37'51" E a distance of 54.66 feet.
thence, N 29°28'14" W a distance of 63.68 feet;
A-6
Special Warranty Deed
Legal Description of the Property
thence, N 32°00'44" W a distance of 61.05 feet;
thence, N 26°17'29" W a distance of 55.52 feet;
thence, N 38°14'36" W a distance of 44.36 feet;
thence, N 53°11'32" W a. distance of 37.73 feet;
thence, N 59°54'48" W a distance of 54.16 feet;
thence, N 87°51'35" W a distance of 36.97 feet;
thence, N 57°33'47 W a distance of 65.70 feet;
thence, N 81°56'22" W a distance of 85.02 feet;
thence, N 04°11'29" W a distance of 158.65 feet;
thence, N 35°50'41" W a distance of 41.30 feet;
thence, N 54°46'03" W a distance of 24.70 feet;
thence, N 28°51'45" W a distance of 209.99 feet;
thence, N 11°58'37" W a distance of 33.82 feet;
thence, N 41°03'46" E a distance of 78.19 feet;
thence, N 06°29'01" W a distance of 117.20 feet;
thence, N 20°05'27" W a distance of 94.24 feet;
thence, N 11°32'03" W a distance of 63.83 feet;
thence, N 07°57'46" W a distance of 141.45 feet;
thence, N 09°56'14" E a distance of 50.76 feet;
thence, N 19°1T44" W a distance of 91.04 feet;
thence, N 44°41'59" W a distance of 134.55 feet;
thence, N 19°23'49" W a distance of 74.18 feet;
thence, N 19°33'06" W a distance of 43.27 feet;
thence, N 21°30'01" W a distance of 72.23 feet;
thence, N 00°16'30" E a distance of 217.77 feet;
thence, N 00°16'30" E a distance of 312.94 feet to the point of beginning, containing an area of 73.003
acres, more or less.
A-7
Special Warranty Deed
Legal Description of the Property
Together with Parcel C:
A tract of land situated in the southwest quarter of Section 7, Township 7 South, Range 88 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as
follows:
Beginning at a point on the westerly right of way line of Colorado State Highway 82, whence a 2 1/2"
Brass Cap, found in place and properly marked as the southeast corner of said Section 7, bears S
78°01'43" E a distance of 2054.18 feet;
thence, along said westerly right of way line N 09°35'10" W a distance of 188.14
thence, 282.60 feet along the arc of a curve to the left having a radius of 2915.00 feet, a central angle of
5°33'17" and subtending a chord bearing of N 12°21'49" W a distance of 282.49 feet;
thence, departing said right of way line S 90°00'00" E a distance of 49.74 feet;
thence, S 06°01'00" E adistance of 202.70 feet;
thence, S 04°34'58" E a distance of 260.70 feet to .the point of beginning, containing an area of 0.234
acres, more or less.
13738\1\1529272.3
A - 8 . Special Warranty Deed
Legal Description of the Property
®111 ,61IhiTAVAI1At ildliVriiiilrhf'1ii3k ,N1111 ®1111
Reception#: 780809
01/19/2010 04:17:05 RM Jean Alberico
1 of 9 Rec Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO
PUBLIC TRUSTEE CONFIRMATION DEED
C'
Sale No. 09-214 ooAti��
THIS DEED is made
between
and
whose legal address is
the holder(s) of
WHEREAS,
WHEREAS,
January 19, 2010
GEORGIA CHAMBERLAIN, as the Public Trustee of Garfield County, Colorado
Carbondale Investments, LLC Grantee(s),
2801 Turtle Creek Blvd., Apt. 6E
Dallas, TX 75219
a Certificate of Purchase dated December 23, 2009 recorded in the office of the Garfield County Clerk and Recorder on
December 23, 2009 at Reception No. 779632.
River Bend Colorado, LLC by deed of trust dated December 28, 2006 and recorded in the records of the Garfield
County Clerk and Recorder on December 29, 2006 at Reception No. 714128 in Book 1878 at Page 155, did convey to
the Public Trustee, in Trust, the property hereinafter described to secure the payment of the indebtedness provided in
said Deed of `Frust; and
a violation was made in certain of the terms and covenants of said Deed of Trust as shown by the Notice of Election and
Demand for Sale filed with the Public Trustee and recorded in the office of the Garfield County Clerk and Recorder; the
said property was advertised for public sale at the place and in the manner provided by law and by said Deed of Trust;
Combined Notice of Sale and Right to Cure and Redeem was given as required by law; said property was sold
according to said Combined Notice and a Certificate of Purchase thereof was made and was recorded in the office of
said County Clerk and Recorder; and
WHEREAS, all periods of redemption have expired.
NOW, THEREFORE, the Public Trustee, pursuant to the power and authority vested by law and by the said Deed of Trust, confirms the
foreclosure sale and sells and conveys to Grantee the following described property located in the County of Garfield,
State of Colorado, to -wit:
SEE ATTACHED EXHIBIT A
also known by street and number as
TO HAVE AND TO HOLD the same, with all appurtenances, forever.
Executed on:
January 19, 2010
1
By
Ate4,44.4.• 0441.41-4144.144
Georgia Chamberlain
Public Trustee of Garfield County, State of Colorado
Robert A. Slade
Deputy Pubic Trustee of Garfield County, State of Colorado
Executed by Robert A. Slade as the Deputy Public Trustee of Garfield County, State of Colorado. Notarization
not required pursuant to §38-35-106(3), C.R.S.
After Recording Return To:
Carbondale Investments, LLC
2801 Turtle Creek Blvd., Apt. 6E
Dallas, TX 75219
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
A TRACT OF LAND SITUATE IN LOTS 4, 6, 7, 8 AND 9 OF SECTION 7, TOWNSHIP 7
SOUTH, RANGE 88 WEST OF THE 6TH- PRINCIPAL MERIDIAN AND IN OT 31 OF
SECTION I, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6T CIPAL
MERIDIAN, GARFIELD COUNTY, COLORADO LYING WEST OF TH 4),:d" Y
RIGHT OF WAY LINE FOR COLORADO STATE HIGHWAY NO. 82 AND L ' T
OF THE F.ASTER:LY RIGHT OF WAY LINE FOR THE SOUTHERN PACS`
TRANSPORTATION COMPANY RAILROAD (DENVER AND RIO GRANDE WESTER o
RAILROAD) ASPEN BRANCH, BEING MORE PARTICULARLY DESCRIBED AS
HOLLOWS:
COMMENCING ATA FOUND GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE
FOR THE WITNESS CORNER TO THE SOUTH 1/4 CORNER OF SAID SECTION 7,
WHENCE A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE FOR THE
SOUTHEAST CORNER OF SAID SECTION 7 BEARS S 89 DEGREES 29'47" E A
INSTANCE OF 2671.90 FEET, WITH ALL BEARINGS CONTAINP.D HEREIN BEING
RELATIVE THERETO;
THENCE N 27 DECREES 3924" E A DISTANCE OF 1134.15 FEET TO A ram ON THE
EASTERLY RIGHT OF WAY LINE FOR. THE SOUTHERN PACIFIC TRANSPORTATION
COMPANY RAILROAD ASPEN BRANCH AND THE TRUE POINT OF BEGINNING OF
THE TRACT DESCRIBED HEREIN;
THE ICE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING 2
COURSES;
(I) 79.82 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 2915.00 FEET AND WHOSE CHORD BEARS N 18 DEGREES 51'48" W A
DISTANCE OF 79.82 FEET;
(2) N 19 DEGREES 3E52' W A DISTANCE OF 3839.47 FEET TO A POINT ON THE
NORTH LINE OF LOT 31 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST;.
THENCE 5 89 DEGREES 43'30" 5 ALONG THE NORTH LINE OF SAID LOT 31 A
DISTANCE OF 100.90 FEET TO THE NORTHEAST CORNER OF SAID LOT 31;
THENCE S 00 DEGREES 10'00" W ALONG THE EAST LINE OF SAID LOT 31 A
DISTANCE OF 64.03 FEET TO THE NORTHWEST CORNER OF LOT 7 OF SECTION 7,
TOWNSHIP 7 SOUTH, RANGE 88 WEST;
THENCE 5 90 DEGREES 00'00" E ALONG THE NORTH LINE OF SAID LOT 7 A
DISTANCE OF 673.15 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY FOR
COLORADO STATE HIGHWAY Na 82;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING 9
COURSES;
(1) S 35 DEGREES 14W E A DISTANCE OF 126:88 FEET;
(2) 250.29 FEET ALONG THE ARC OF A CURVE CONCAVE TO TiiE WEER .
RADIUS OF 1840.00 FEET AND WHOSE CHORD BEARS S 28 DEG .
DISTANCE OF 250.10 FEET;
(3) S 11 DECREES 08'00' E ADISTANCE OF 97.90 FEET;
ENG A
4 OE A
Fp
(4) 346.52 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 1820.00 FEET AND WHOSE CHORD BEARS S 15 DEGREES 58'00" E A
DISTANCE OF 346.00 FEET;
(5) S 08 DEGREES 52'30" E A DISTANCE OF 313.00 FEET;
(6) 506 DEGREES 01'00" E A DISTANCE OF 700.90 FEET;
(7) 500 DEGREES 1830" E A DISTANCE OF 201.00 FEET;
(8) S 08 DEGRIII. 53'00" E A DISTANCE OF 20030 FEET;
(9) 8 06 DEGREES 01" E A DISTANCE OF 1467.90 FEET;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE S 90 DEGREES 00'00" W A
DISTANCE OF 73.94 FEET TO TIME POINT OF BEGINNING.
EXCEPTING FROM TI3E ABOVE PARCEL:
THE PROPERTY DESCRIBED IN DOCUMENT RECORDED AUGUST 2, 1999.IN BOOK
1142 AT PAGE 961 AND IN DOCUMEENT RECORDED JANUARY 24, 2001114 BOOK 1228
AT PAGE 600.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL B:
A TRACT OF LAND SITUATE IN LOTS 1, 2, 3, 4, 6, 7 AND 9 OF SECTION 18, LOTS 3, 4,
7, 8 AND 9 OF SECTION 7, TOWNSHIP 7 SOUTHI, RANGE 88 WEST OF THE SIXTH
PRINCIPAL MERIDIAN AND IN LOTS 1, 9, 10, 11, 17, 18 AND 25 OF SECTION 12, LOT
31 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, GARFIELD COUNTY, COLORADO LYING WEST OF THE WESTERLY
TIGHT OF WAY LINE FOR: THE SOUTIIEt1N PACIFIC TRANSPORTATION COMPANY
RAILROAD (DENVER AND RIO GRANDE WE55TERN RAILROAD) ASPEN BRANCH
AND LYING NORTH AND EAST OF THE CENTERLINE OF THE ROARING FORK
RIVER, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE
FOR THE WCflDSS CORNER TO TETE SOUTH 1/4 CORNER OF SAID CTION 7,
WHENCE A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP I;i+1 a R THE
SOUTHEAST CORNER FOR SAID SECTION 7 BEARS S 89 DE •*, • ; E A
DISTANCE OF 2671.90 FEET, WITH ALL BEARINGS CONTAINED 1E' G •
RELATIVE THERETO; 474
THENCE S 89 DEGREES 29'47" E ALONG THE SOUTH LINE OF SAID SECTION 7 A
DISTANCE OF 628.06 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE
FOR THE SOUTHERN PACIFIC TRANSPORTATION COMPANY RAILROAD (ASPEN
BRANCH) AND TRUE POINT OF BEGINNING FOR THE TRACT DESCRIBED HEREIN;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING 4
COURSES:
(1) S 09 DEGREES 3530" E A DISTANCE OF 1545.87 FEET;
(2) 626.05 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST,
HAVING A RADIUS OF 148230 fE.SI AND W114SE CHORD BEARS S 21 DEGREES
4102" E A DISTANCE OF 621.4.1 FEET;
(3) s 33 DEGREES 46'54" E A DISTANCE 0E38728 FEET;
(4) 294.32 FEET ALONG THE ARC OF A CURVE CONCAVE TO 'THE SOUTHWEST,
HAVING A RADIUS OF 2815.00 FEET AND WHOSE CHORD- BEARS S 30 DEGREES
47'11" E A DISTANCE OF 294.19 FEET TO A POINT ON THE CENTERLINE OF SECTION
18, TOWNSHIP 7 SOUTH, RANGE 88 WEST;
THENCE N 89 DEGREES S 5376" W A DISTANCE OF 407.83 FEET TO THE CENTF.RLINE
OF THE ROARING FORK RIVER;
THENCE ALONG THE CENT RUNE OF SAID ROARING FORK RIVER THE
FOLLOWING 15 COURSES:
(1) N 47 DEGREES 15'14" W A DISTANCE OF 122.26 FEET;
(2) N 57 DEGREES 5418" W A DISTANCE OF 449.02 FEET;
(3) N 63 DEGREES 5239" W A DISTANCE OF 388.20 FEET;
(4) N 55 DEGREES 41'54" W A DISTANCE OF 196.47 FEET;
(5) N 35 DEGREES 4521" W A DISTANCE OF 225.15 FF.ET;
(6) N 34 DEGREES 06'17" W A DISTANCE OF 318.15 FEET;
(7) N 13 DEGREES 37014 W A DISTANCE OF 255.65 FEET;
(8) N 44 DEGREES 3933" W A DISTANCE OF 175.65 FEET p��PX
(9)N 51 DEGREES W A DISTANCE Of 662.76 FEET;
�-®'r
vo
(10) N 30 DEGREES 48`54" W A DISTANCE OF 163.28 FST;
(I 1)1.1 17 DEGREES 46'37" W A DISTANCE OF 173.22 FEET;
(12) N 23 DEGREES 25'35" W A DISTANCE OF 153.14 FEET;
(13) N 19 DEGREES 31'W W A DISTANCE OF 246.38 FEET;
(14) N 29 DEGREES 13'16" W A DISTANCE OF 615.00 FEET;
(13) N 24 DEGREES 1018" W A DISTANCE OF 142.52 FEET TOA POINT ON THE WEST
LINE OF LOT 18 OF SECTION 12. TOWNSHIP 7 SOUTH, RANGE 89 WEST;
THENCE N 00 DEGREES 04'33" W ALONG THE WEST LINE OF SAID LOT 18 A
DISTANCE OF 323.93 FEET TO THE NORTHWEST CORNER OF SAID LOT 18;
THENCE 1d 00 DEGREES 21'30" W ALONG THE WEST LINE OF LOT 17 OF SAID
SECTION 12 A DISTANCE OF 553.42 FEET TO THE NORTHWEST CORNER OF SAID
LOT 17;
THENCE N 03 DEGREES 09'52" >r ALONG THE WEST LINE OF LOT 11 OF SAID
SECTION 12 A DISTANCE OF 741.05 FEET TO THE NORTHWEST CORNER OF SAID
LOT 11;
THENCE N 00 DEGREES 2417" W ALONG THE WEST LINE OF LOT 10 OF SAID
SECTION 12 A DISTANCE OF 1423.80 FEET TO THE NORTHWEST CORNER OP SAID
LOT 10;
THENCE N 86 DEGREES 34'38" W ALONG THE SOUTH LINE OF LOT 1 OF SAID
SECTION 12 AND EXISTING FENCE A DISTANCE OF 86.41 TO TIIE SOUTHWEST
CORNER OF SAID LOT I;
THENCE N 02 DEGREES 15'08" E ALONG THE WEST LINE OF SAID LOT 1 AND
EXISTING FENCE A DISTANCE OF 482.03 FEET TO THE NORTHWEST CORNER OF
SAID LOT 1;
THENCE N 02 DEGREES 15'08" E ALONG THE WEST LINE OF LOT 31 OF SECTION 1,
TOWNSHIP 7 SOUTH, RANGE 89 WEST AND EXISTING FE -NCH A DISTANCE fiF 75.91
FEET;
THENCE CONTINUING ALONG THE WEST LINE OF SAID LOT 31 AN 1STINIG
FENCE N 02 DEGREES 00'23" E A DISTANCE OF 590.77 FEET TO THE)4IWESr
CORNER OF SAID LOT 31; SAO
THENCE S 89 DEGREES 43'38" E ALONG Tim NORTH LINE OF SAID LOT 31 A
EXISTING FENCE A DISTANCE OF 683.95 FEET TO A POINT ON THE WESTE.RL.6
RIGHT OF WAY LINE OF SAID SOUTHERN PACIFIC TRANSPORTATION COMPANY
RAILROAD (ASPEN BRANCH);
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING 3
COURSES:
(1) S 19 DEGREES 38'52" E A DISTANCE OF 3865.72 FEET;
(2) 494.33 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 2815.00 FEET AND WHOSE CHORD BEARS S 14 DEGREES 37'01" E A
DISTANCE OF 493.70 FEET;
(3) S 09 DEGREES 3510" E A DISTANCE OF 582A3 Ft! TO THE POINT OF
BEGINNING.
TOGETHER WITH
ALL THAT PROPERTY OF PARCEL B (WHICH PARCEL B IS MORE PARTICULARLY
DESCRIBED IN THAT CERTAIN DEED RECORDED IN HOOK 511 AT PAGE 103 AS
RECEPTION NO. 286181 OF THE GARFIELD COUNTY, COLORADO, RECORDS) LYING
AND BEING ABOVE AND EASTERLY OF ME CENTERLINE OF TIIE GLENWOOD
DITCH AS NOW EXISTING AND IN PLACE.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL C:
A TRACT OF LAND SITUATE IN LOT 4 OF SECTION 7, TOWNSHIP 7 SOUTH, RAN.UB
18 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO,
LYING WEST OF THE WESTERLY RIGHT OF WAY LINE FOR COLORADO STATE
HIGHWAY NO. 82 AND LYINFN EAST OF THE EASTERLY RIGHT OF WAY UNE FOR
THE SOUTHERN PACIFIC TRANSPORTATION COMPANY RAILROAD (DENVER AND
RiO GRANDE WESTERN RAILROAD) ASPEN BRANCH, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE
FOR THE. WITNESS CORNER TO THE SOUTH 1/4 CORNER Of SAID SECTION 7,
WHENCE A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE FOR THE
SOUTHEAST CORNER OF SAID SECTION 7 BEARS S 89 DEGREES 2947" E A
DISTANCE OF 2671.90 FEET, WITH ALL BEARINGS CONTAINED HERFI HERBEING
RELATIVE THERETO;
THENCE N 33 DEGREES 27123" 5 A DISTANCE OF 3032.41 FET TO A PLQ p
EASTERLY RIGHT OF WAY LINE FOR THE SOUTHERN PACIFIC TRANSPO TA
COMPANY RAILROAD ASPEN BRANCH AND TRUE PONT OF BEGINNING OF
TRACT DESCRIBED HEREIN;
THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE N 90 DEGREES 00'007 Er A
DISTANCE OF 49.74 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE
FOR COLORADO STATE HIGHWAY NO. 82;
THENCE 8 06 DEGREES 01'00" E ALONG SAID WESTERLY RIGHT OF WAY LINE A
DISTANCE OF 202.70 FEET;
THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE 8 04
DEGREES 34'54" E A DISTANCE OF 260.70 FEET TO A POINT INTERSECTING THE
EASTERLY RIGHT OF WAY LINE OF SAID SOUTHERN PACIFIC TRANSPORTATION
COMPANY RAILROAD ASPEN BRANCH;
THENCE N 09 DEGREES 35'10' W ALONG SAID EASTERLY RIGHT OF WAY LINE A
DISTANCE OF 188.14 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 2915.00 FEET;
THENCE ALONG SAID MS 1 E1€LY RIGHT OF WAY LINE AND ARC OF SAID CURVE
282.60 FEET, THE CHORD OF WHICH BEARS N 12 DEGREES 21'4r W A DISTANCE OF
282.49 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL D:
A TRACT OF LAND SITUATED IN SECTION 7, TOWNSHIP 7 SOUTH, RANGE 88 WEST
OF THE 6111 PRINCIPAL MERIDIAN. SAID TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SE CORNER OF SECTION 1, T7S, R 89 W OF THE 6711 P.M.
(WITH ALL BEARING CONTAINED HEREIN BEING RELATIVE TO A BEARING OF N
00 DEGREES 10' o9" E BETWEEN THE SE CORNER AND THE E 1/4 CORNER OF SAID
SECTION 1); THENCE N 00 DEGREES W 09" E ALONG. SAID SECTION- LINE 627.10
FEET, TO A POINT ON THE NORTHERLY BOUNDARY LINE OF THAT PROPERTY
SURVEY RECORDED AS RECEPTION NO, 305 IN THE GARFIELD COUNTY INDEX
FOR INFORMATIONAL LAND SURVEY PLATS, THE TRUE POINT OF BEGINNING;
Ti ENCS CONTINUING ALONG SAID SECTION LINE N 00 DEGREES 10' 09" E 64.03
FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE LEAVING SAID SECTION
UNE S 89 DEGREES 36' 14" E ALONG AN EXISTING FENCE LINE 4..62 FEET;
niENNCE CONTINUING ALONG AN EXISTING FENCE CE LINE S 86 DE0 513.4 7' I F' E
118.36 FEET; THENCE CONTINUING ALONG SAID FENCE LINE S 30 D & , I' 43"
EN
E 64.28 FEET TO A POINT ON SAID NORTHERLY BOUNDARY; T '`
SAID EXISTING FENCE LINE Al 90 DEGREES 00 (IV W ALONG SAID NOR'
BOUNDARY 443.63 FEET TO THE POINT OF BEGINNING.
COUNTY OF GAItFIELD
STATE OF COLORADO
EXHIBIT B
DESCRIPTION OF WATER RIGHTS
a. 0.94 c.f& in the Staton Ditch, Priority No. 53, es decreed in Case No.
1889 with an appropriation date of Febntary 15,1883;
0.94 c.f.s. in the Staten Ditch, Priority No. 79, as decreed in Case No.
1889 with an appropriation date of March 1, 1884;
2.81 cfs. in the Stamm Ditch, Priority No. 299, as decreed in Case No.
25, 1936 with an appropriation date ofApril 15, 1890;
b.
c.
e.
132 on May ll,
pPe May I 1,
Lb
3082 on Au
7.83 c.f.s., Priority No_ 213BBBA, as decreed in Case No. 1338 on December 5, 1908
with an appropriation date of November 18, 1900, and 4.4 c.f.s., Priority No. 339, as
decreed in Case No. 3082 on August 25, 1936 with an appropriation date of November
18; 1901, in the Glenwood Ditch, represented by 367 shares of stock of the Glenwood
Irrigation Company;
Cattle Creek Well, as decreed in Case No. W-1610 on March 20, 1973 with an
appropriation date of March 24, 1965, for 0.033 c.f.s., Well Permit No. 23054; and
All right, title and interest as an _applicant in those certain water court cases currently
pending in the District Court, Water Division No. 5, Case Nos. 01 CW i 87, OI C W 1813 and
0l CW 189 and in and to any water rights or other rights set forth therein.
1111 ri PT1iN4Pni,wiiitrililr0rIONI 'I0/ 11 111
Reeeption#: 801638
1 04/21/2011 co
of9OODocFee 0.00
ec Fee4$542�PM en 1GRRFIELD COUNTY CO
SPECIAL WARRANTY DEED
CONFORMED
copy
This Special Warranty Deed (this "Deed") is dated this 13 day of APRIL, 2011, between
CARBONDALE INVESTMENTS, LLC, a Texas limited liability company ("Grantor")
whose address is 5121 Park Lane, Dallas, Texas 75220 and GARFIELD COUNTY
COMMERCIAL INVESTMENTS, LLC, a Texas limited liability company ("Grantee")
whose address is 1445 Ross Ave, Suite 3700, Dallas TX, 75202-2799.
WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 00/100
Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which
is hereby confessed and acknowledged by Grantor, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm unto Grantee, all of that
certain real property, situate, lying and being in the County of Garfield, State of Colorado, and
more particularly described on Exhibit A attached hereto (the "Property_");
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 Grantor, either in law or equity, of, in and to the Property;
SUBJECT TO all covenants, conditions, easements, exceptions, encumbrances,
reservations and restrictions of record;
AND SUBJECT FURTHER TO the covenants, conditions, restrictions and reservations
set forth in Article I of this Deed;
TO HAVE AND TO HOLD the Property above bargained and described unto Grantee
forever;
AND Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet
and peaceable possession of the Property, by Grantee, against every person who lawfully claims
the Property or any part thereof, by, through or under Grantor, subject to covenants, conditions,
easements, exceptions, encumbrances, reservations and restrictions of record and the covenants,
conditions, restrictions and reservations herein contained.
ARTICLE I
RESERVATIONS
1.1 Reservation of Water Rights. Grantor, for itself, its successors and assigns, hereby
reserves all right, title, and interest in and to all water and water rights associated with,
historically used on, or attached, allocable or appurtenant to the Property, including, but not
limited to, all adjudicated water rights and decrees and priorities therefor; unadjudicated water
rights and appropriations; rights in water from tributary and nontributary sources, whether
surface or underground; rights existing under well permits issued by the State Engineer; rights in
nontributary and not nontributary groundwater; all rights, shares or allotments of water in ditch
and reservoir companies, conservancy districts, irrigation districts, conservation districts, or other
water distribution organizations, and all shares of stock or other instruments evidencing a right to
such water; all rights to water not derived from state law; all water rights claimed under contract,
1
Special Warranty Deed
exchange, changes of water rights, or plans for augmentation; all pending water rights
applications; all ditches, canals, reservoirs, pipelines, tunnels, wells, pumps, sprinklers and other
structures for diverting, storing and conveying water, and all rights of way and easements
therefor.
1.2 Reservation of Oil, Gas and Mineral Rights. Grantor, for itself, its successors and
assigns, specifically reserves all right, title, and interest in and to all minerals and mineral rights,
and shall retain the right to develop and remove all minerals and mineral rights on, in or that may
be produced from the Property including, but not limited to, all gravel, sand, oil, gas, and other
liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal
resources, and all other naturally occurring elements, compounds and substances, whether
similar or dissimilar, organic or inorganic, metallic or nonmetallic in whatsoever form and
whether occurring, found, extracted or removed in solid, liquid or gaseous state or in
combination, association or solution with other mineral or non -mineral substances, regardless of
their intended use or current commercial value; provided that Grantor waives all rights to use the
surface of the Property to exercise the rights reserved in this Section 1.2 and, without limitation
of such waiver, Grantor's activities in extracting or otherwise dealing with the minerals and
mineral rights shall not cause disturbance or subsidence of the surface of the Property or any
improvements on the Property.
1.3 Non -Exclusive Access Easement. Grantor, for itself, its successors and assigns,
specifically reserves a perpetual, absolute, non-exclusive easement for access by people, vehicles
and equipment on, over, upon, across, under and above portions of the Property as may be
necessary, in Grantor's sole discretion, to enable Grantor and others to exercise the rights
described in Sections 1.1 and 1.2 above; provided that Grantor, in its exercise of these easement
rights, shall not unreasonably interfere with or unreasonably restrict the Grantee's use of the
Property. Notwithstanding the foregoing, at any time structures or buildings are under
construction or in existence on the Property, Grantor's right to use the surface of the Property
pursuant to this access easement shall extend only to those portions of the surface of the Property
that are then in use or designated for vehicular or pedestrian access to and from the
improvements on the Property or open space.
ARTICLE II
CONSERVATION EASEMENT
The Property is subject to a conservation easement granted to the Roaring Fork
Conservancy, a Colorado nonprofit corporation, pursuant to the Grant of Conservation Easement
recorded in the records of the Clerk and Recorder of the County of Garfield as Reception No.
559036, and the conservation easement plat recorded in the records of the Clerk and Recorder of
the County of Garfield as Reception No. 760751, and all terms and conditions of the same are
incorporated herein by this reference.
[Signature and acknowledgment pages follow.]
2
Special Warranty Deed
IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first
written above.
STATE OF
COUNTY OF
) ss.
GRANTOR:
CARBONDALE INVESTMENTS, LLC
a Texas *ted liability comp
The foregoing instrument was acknowledged before me this ,2/Sday of r'
20 /1, by /w/54/as AeAverd 41%6f Cify-hendf4 71,70.:5,46,71s: ,
7* Uv(1,a1 e .
WITNESS my hand and official seal.
My commission expires: /I/A-al 17.0/3 •
OCNICCril
'W
11.6r�
t+
cc E
ublic ill/ !NTS �`��•
[Grantee's signature and acknowledgment page follows.]
3
Special Warranty Deed
Grantor Signature and Acknowledgment
Agreed to and Accepted:
GRANTEE:
Garfield County Commercial Investments LLC,
a Texas limited liability company
By:
Name: Ted R. Sikora II
Title: Authorized Representative
STATE OF COLORADO )
) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this'`"/ day of April, 2011, by
Ted R. Sikora II as Authorized Representative of Garfield County Commercial Investments
LLC, a Texas limited liability company.
WITNESS my hand and official seal.
My commission expires:
My Consion Expires 01/2112013
n Uan j 2-112013
930 -tin
Notary Public
4
Special Warranty Deed
Grantee Signature and Acknowledgment
EXHIBIT A
to
Special Warranty Deed
Legal Description
Parcel No. 1 (East Parcel):
A tract of land situated in the southeasterly quarter of Section 1,
Township 7 South, Range 89 West, and in Section 7, Township 7 South, Range
88 West of the Sixth Principal Meridian, County of Garfield, State of
Colorado, being more particularly described as follows:
Beginning at a point on the westerly right of way line of Colorado State
Highway 82, whence a 2 1/2" Brass Cap, found in place, and correctly
marked as the southeast corner of said Section 7, bears S 63°31'48"E a
distance of 2312.55 feet; thence,
along the westerly right of way line of Colorado State
06°01'00" W a distance of 1467.90 feet;
thence, N 08°53'00" W a distance of 200.30
N 00°18'30" W a distance of 201.00 feet;
N 06°01'00" W a distance of 700.90 feet;
N 08°52'00" W a distance of 313.00 feet;
thence, 346.52 along the arc of a curve to
1820.00 feet, a central angle of 10°54'32"
of N 15°58'00" W a distance of 346.00 feet;
thence, N 11°08'00" W a distance of 97.90 feet;
thence, 250.29 along the arc of a curve to the left, having a radius of
1840.00 feet, a central angle of 7°47'38" and subtending a chord bearing
of N 28°19'00" W a distance of 250.10 feet;
thence, N
thence, N
thence, N
thence, S
thence, N
thence, N
thence, S
thence, N
thence,
thence,
feet;
thence, of
thence, of
thence, of
thence, of
thence, of
feet;
Highway 82 N
the left having a radius of
and subtending a chord bearing
35°14'00" W a
89°17'09" W a
35°17'56" W a
90°00'00" E a
35°14'00" W a
35°14'00" W a
89°12'00" W a
35°14'00" W a
N 34°45'30" W a
distance
distance
distance
distance
distance
distance
distance
distance
distance
of
of
of
of
of
of
of
of
of
departing said right of way
N 88°59'16" W a
N 02°47'56" E a
N 86°47'11" W a
N 89°36'12" W a
N 89°43'30" W a
distance
distance
distance
distance
distance
122.52 feet;
7.98 feet;
2.81 feet;
5.95 feet;
69.98 feet;
16.16 feet;
5.79 feet;
92.20 feet;
224.34 feet;
S 01°05'14" W
a distance
of 200.87
89.64 feet;
70.52 feet;
52.73 feet;
292.61 feet;
100.90 feet to a point on the easterly
right of way line of the Roaring Fork Transit Authority Transportation
Corridor Easement;
thence, along said easterly right of way line S 19°38'52" E a distance of
3829.47 feet;
thence, 79.82 along the arc of a curve to the right having a radius of
2915.00 feet, a central angle of 1°34'08" and subtending a chord bearing
of S 18°51'48" E a distance of 79.82 feet;
A-1
Special Warranty Deed
Legal Description of the Property
thence, departing said easterly right of way line N 89°59'59" E a distance
of 73.94 feet to a point of the westerly right of way line of Colorado
State Highway 82, also being the point of beginning.
Parcel 2 (West Parcel):
A tract of land situated in the southeast quarter of Section 1 and the
west half of Section 12, Township 7 South, Range 89 West, and in the
southwest quarter of Section 7 and the north half of Section 18, Township
7 South, Range 88 West of the Sixth Principal Meridian, County of
Garfield, State of Colorado, being more particularly described as follows:
Beginning at a point on the westerly right of way line of the Roaring Fork
Transit Authority Transportation Corridor Easement, whence a 2 1/2" Brass
Cap, found in place and correctly marked as the southeast corner of said
Section 7, bears S41°30'24"E a distance of 4758.08 feet;
thence, departing said right of way line N 19°38'52" W a distance of
1221.19 feet;
thence, N 89°43'30" W a distance of 683.95 feet;
thence, S 02°00'23" W a distance of 590.77 feet;
thence, S 02°15'08" W a distance of 557.94 feet;
thence, N 86°35'38" W a distance of 84.72 feet;
thence, S 43°10'35" E a distance of 251.44 feet;
thence, S 00°24'17" E a distance of 1250.60 feet to a point on the
westerly line of the Roaring Fork Conservancy Easement;
thence, along the said Easement line S 03°09'52" W a distance of 741.05
feet;
thence, S 00°21'30" E a distance of 553.42 feet;
thence, S 00°04'33" E a distance of 323.93 feet;
thence, S 24°10'18" E a distance of 142.52 feet;
thence, S 29°13'16' E a distance of 615.00 feet;
thence, S 19°31'50" E a distance of 246.38 feet;
thence, S 23°25'35" E a distance of 153.19 feet;
thence, S 17°46'37" E a distance of 173.22 feet;
thence, S 30°48'54" E a distance of 163.28 feet;
thence, S 51°46'41" E a distance of 662.76 feet;
thence, S 44°39'33" E a distance of 175.65 feet;
thence, S 13°37'07" E a distance of 255.65 feet;
thence, S 34°06'17" E a distance of 318.15 feet;
thence, S 35°45'21" E a distance of 225.15 feet;
thence, S 55°41'54" E a distance of 196.47 feet;
thence, S 63°52'39" E a distance of 388.20 feet;
thence, S 57°54'58" E a distance of 449.02 feet;
thence, S 47°15'14" E a distance of 122.26 feet;
thence, S 89°53'16" E a distance of 189.76 feet;
thence, N 40°23'30" W a distance of 69.38 feet;
thence, S 87°28'29" W a distance of 36.35 feet;
thence, S 83°52'12" W a distance of 10.80 feet;
thence, N 58°27'19" W a distance of 41.45 feet;
thence, N 29°51'31" W a distance.of 8.28 feet;
thence, N 24°16'24" W a distance of 25.22 feet;
thence, N 69°00'53" W a distance of 9.87 feet;
thence, S 87°31'44" W a distance of 22.60 feet;
thence, N 57°25'01" W a distance of 17.28 feet;
A-2
Special Warranty Deed
Legal Description of the Property
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thence, N 07°38'31" E a distance of 27.93 feet;
thence, N 37°41'57" W a distance of 28.06 feet;
thence, N 50°00'15" E a distance of 22.23 feet;
thence, N 82°02'30" E a distance of 36.49 feet;
thence, S 63°34'38" E a distance of 54.05 feet;
thence, S 45°59'58" E a distance of 20.95 feet;
thence, S 14°44'20" E a distance of 29.18 feet;
thence, S 11°11'17" W a distance of 26.42 feet;
thence, S 14°58'41" E a distance of 30.14 feet;
thence, S 43°42'10" E a distance of 69.77 feet;
thence, S 31°36'59" E a distance of 56.76 feet;
thence, S 49°38'46" E a distance of 40.12 feet;
thence, S 45°30'55" E a distance of 40.88 feet;
thence, S 60°16'38" E a distance of 43.39 feet;
thence, S 73°16'24" E a distance of 67.60 feet;
thence, S 53°05'15" E a distance of 15.86 feet;
thence, S 63°37'30" E a distance of 52.31 feet;
thence, S 83°28'21" E a distance of 46.95 feet;
thence, N 86°20'27" E a distance of 61.04 feet;
thence, N 31°59'09" E a distance of 47.07 feet;
thence, N 06°58'38" E a distance of 32.16 feet;
thence, N 72°08'07" E a distance of 7.98 feet;
thence, S 24°51'03" E a distance of 72.35 feet;
thence, S 41°52'47" E a distance of 50.71 feet;
thence, S 54°44'21" E a distance of 36.31 feet;
thence, S 83°39'39" E a distance of 87.15 feet;
thence, S 57°11'12" E a distance of 77.06 feet;
thence, S 41°51'16" E a distance of 88.65 feet;
thence, S 57°39'13" E a distance of 65.60 feet;
thence, S 49°55'38" E a distance of 74.96 feet;
thence, S 61°04'52" E a distance of 43.44 feet;
thence, S 71°46'03" E a distance of 55.45 feet;
thence, N 09°35'09" W a distance of 59.88 feet;
thence, N 65°36'14" W a distance of 60.45 feet;
thence, N 49°54'10" W a distance of 64.72 feet;
thence, N 49°54'10" W a distance of 86.97 feet;
thence, N 48°11'10" W a distance of 54.30 feet;
thence, N 56°47'27" W a distance of 123.97 feet;
thence, N 83°47'24" W a distance of 93.00 feet;
thence, N 29°35'31" W a distance of 119.58 feet;
thence, N 78°00'43" W a distance of 33.84 feet;
thence, S 79°41'48" W a distance of 37.80 feet;
thence, S 22°57'52" W a distance of 56.05 feet;
thence, S 59°31'57" W a distance of 45.48 feet;
thence, N 82°32'35" W a distance of 28.23 feet;
thence, N 59°07'03" W a distance of 95.71 feet;
thence, N 71°20'44" W a distance of 85.73 feet;
thence, N 36°43'10" W a distance of 93.22 feet;
thence, N 25°39'22" W a distance of 181.92 feet;
thence, N 65°10'24" W a distance of 98.43 feet;
thence, S 85°02'33" W a distance of 52.20 feet;
thence, S 56°33'52" W a distance of 39.34 feet;
thence, S 20°49'33" W a distance of 42.96 feet;
thence, S 37°27'43" E a distance of 21.60 feet;
A-4
Special Warranty Deed
Legal Description of the Property
thence, N 77°02'57" W a distance of 89.66 feet;
thence, S 70°24'18" W a distance of 70.95 feet;
thence, N 88°59'39" W a distance of 55.55 feet;
thence, S 84°28'58" W a distance of 49.93 feet;
thence, N 14°22'48" E a distance of 68.20 feet;
thence, N 05°11'46" W a distance of 77.59 feet;
thence, N 18°20'05" E a distance of 10.82 feet;
thence, N 22°53'40" E a distance of 44.14 feet;
thence, N 10°34'58" E a distance of 35.11 feet;
thence, N 08°59'51" E a distance of 47.16 feet;
thence, N 03°48'08" E a distance of 36.48 feet;
thence, N 04°40'52" E a distance of 71.03 feet;
thence, N 07°37'51" E a distance of 54.66 feet;
thence, N 29°28'14" W a distance of 63.68 feet;
thence, N 32°00'44" W a distance of 61.05 feet;
thence, N 26°17'29" W a distance of 55.52 feet;
thence, N 38°14'36" W a distance of 44.36 feet;
thence, N 53°11'32" W a distance of 37.73 feet;
thence, N 59°54'48" W a distance of 54.16 feet;
thence, N 87°51'35" W a distance of 36.97 feet;
thence, N 57°33'47" W a distance of 65.70 feet;
thence, N 81°56'22" W a distance of 85.02 feet;
thence, N 04°11'29" W a distance of 158.65 feet;
thence, N 35°50'41" W a distance of 41.30 feet;
thence, N 54°46'03" W a distance of 24.70 feet;
thence, N 28°51'45" W a distance of 209.99 feet;
thence, N 11°58'37" W a distance of 33.82 feet;
thence, N 41°03'46" E a distance of 78.19 feet;
thence, N 06°29'01" W a distance of 117.20 feet;
thence, N 20°05'27" W a distance of 94.24 feet;
thence, N 11°32'03" W a distance of 63.83 feet;
thence, N 07°57'46" W a distance of 141.45 feet;
thence, N 09°56'14" E a distance of 50.76 feet;
thence, N 19°17'44" W a distance of 91.04 feet;
thence, N 44°41'59" W a distance of 134.55 feet;
thence, N 19°23'49" W a distance of 74.18 feet;
thence, N 19°33'06" W a distance of 43.27 feet;
thence, N 21°30'01" W a distance of 72.23 feet;
thence, departing said Easement line N 00°16'30" E a distance of 217.77
feet;
thence, N 00°16'30" E a distance of 312.94 feet;
thence, S 89°43'30" E a distance of 1005.44 feet to a point on the
westerly right of way line of the Roaring Fork Transit Authority
Transportation Corridor Easement, also being the point of beginning.
The name and address of the person who created this legal description is:
Jeffrey Allen Tuttle, P.L.S. 33638
727 Blake Avenue
Glenwood Springs, Colorado 81601.
13738\1\1507524.1
A-5
Special Warranty Deed
Legal Description of the Property
River Edge Colorado PUD
Legal Description
Page 1 of 8
LEGAL DESCRIPTION OF RIVER EDGE COLORADO PUD
The legal boundaries of the area subject to this application for PUD (Rezoning) and Subdivision
(Preliminary Plan) are described below:
Parcel A (South Parcel)
A tract of land situated in the east half of Section 12, Township 7 South, Range 89 West, and in
the west half of Section 7 and in the north half of Section 18, Township 7 South, Range 88 West
of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly
described as follows:
Beginning at a point on the westerly right of way line of Colorado State Highway 82, whence a 2
1/2" Brass Cap, found in place and correctly marked as the southeast corner of said Section 7,
bears S 78°49'20" E a distance of 2150.14 feet;
thence, along said right of way line S 09°35°09 E a distance of 401.79 feet;
thence, S 09°35°09 E a distance of 1545.87 feet;
thence, 626.05 feet along the arc of a curve to the left having a radius of 1482.50 feet, a central
angle of 24°11'44" and subtending a chord bearing of S 21°41'02" E a distance of 621.41 feet;
thence, S 33°46°54 E a distance of 387.28 feet;
thence, 294.32 feet along the arc of a curve to the right, having a radius of 2815.00 feet, a
central angle of 5°59'26" and subtending a chord bearing of S 30°47°11 E a distance of 294.19
feet;
thence, departing said right of way line N 89°53°16 W a distance of 218.07 feet;
thence, N 40°23°30 W a distance of 69.38 feet;
thence, S 87°28°29 W a distance of 36.35 feet;
thence, S 83°52°12 W a distance of 10.80 feet;
thence, N 58°27°19 W a distance of 41.45 feet;
thence, N 29°51°31 W a distance of 8.28 feet;
thence, N 24°16°24 W a distance of 25.22 feet;
thence, N 69°00°53 W a distance of 9.87 feet;
thence, S 87°31°44 W a distance of 22.60 feet;
thence, N 57°25°01 W a distance of 17.28 feet;
River Edge Colorado PUD
Legal Description
Page 2 of 8
thence, N 50°09°49 W a distance of 26.07 feet;
thence, N 46°21°12 W a distance of 9.99 feet;
thence, N 44°28°05 W a distance of 21.45 feet;
thence, N 55°50°08 W a distance of 49.05 feet;
thence, N 56°25°40 W a distance of 49.94 feet;
thence, N 68°12°23 W a distance of 36.45 feet;
thence, N 46°54°04 W a distance of 55.18 feet;
thence, N 68°49°21 W a distance of 25.14 feet;
thence, N 47°41°50 W a distance of 78.78 feet;
thence, N 30°26°40 W a distance of 24.58 feet;
thence, N 25°47°01 W a distance of 30.08 feet;
thence, N 18°11°39 W a distance of 34.61 feet;
thence, N 30°58°21 W a distance of 29.32 feet;
thence, N 21°59°14 W a distance of 27.50 feet;
thence, N 30°16°07 W a distance of 22.97 feet;
thence, N 25°41°38 W a distance of 169.44 feet;
thence, N 41°17°39 E a distance of 82.61 feet;
thence, N 38°34°52 E a distance of 15.89 feet;
thence, N 34°26°44 W a distance of 262.40 feet;
thence, N 57°58°09 W a distance of 102.47 feet;
thence, N 53°43°31 W a distance of 105.38 feet;
thence, N 55°58°11 W a distance of 126.13 feet;
thence, N 56°14°57 W a distance of 118.42 feet;
thence, N 49°16°04 W a distance of 136.33 feet;
thence, N 44°30°51 W a distance of 150.05 feet;
River Edge Colorado PUD
Legal Description
Page 3 of 8
thence, N 32°49°55 W a distance of 102.14 feet;
thence, N 37°44°19 W a distance of 552.12 feet;
thence, N 18°10°02 W a distance of 47.26 feet;
thence, N 27°58°19 W a distance of 109.20 feet;
thence, N 35°01°36 W a distance of 71.09 feet;
thence, N 41°32°47 W a distance of 152.23 feet;
thence, N 40°22°24 W a distance of 339.82 feet;
thence, N 64°20°53 W a distance of 34.06 feet;
thence, N 45°00°36 W a distance of 52.42 feet;
thence, N 44°53°41 W a distance of 154.66 feet;
thence, N 32°35°48 W a distance of 86.59 feet;
thence, N 57°01°32 W a distance of 44.89 feet;
thence, N 30°33°12 W a distance of 85.72 feet;
thence, N 37°39°02 W a distance of 79.09 feet;
thence, N 37°32°30 W a distance of 63.32 feet;
thence, N 20°02°15 W a distance of 33.98 feet;
thence, N 39°52°25 W a distance of 42.02 feet;
thence, N 25°36°04 W a distance of 107.17 feet;
thence, N 30°34°08 W a distance of 164.72 feet;
thence, N 11°39°01 W a distance of 107.90 feet;
thence, N 24°56°06 E a distance of 163.60 feet;
thence, N 63°39°33 E a distance of 177.81 feet;
thence, N 83°14°43 E a distance of 393.54 feet;
thence, N 07°15°26 W a distance of 21.79 feet;
thence, N 80°51°11 E a distance of 50.00 feet;
River Edge Colorado PUD
Legal Description
Page 4 of 8
thence, N 89°15°06 E a distance of 65.56 feet;
thence, N 57°50°04 E a distance of 50.12 feet;
thence, S 84°51°15 E a distance of 33.08 feet;
thence, S 81°39°50 E a distance of 89.61 feet;
thence, N 56°07°00 E a distance of 26.86 feet;
thence, N 07°38°31 E a distance of 27.93 feet;
thence, N 37°41°57 W a distance of 28.06 feet;
thence, N 50°00°15 E a distance of 22.23 feet;
thence, N 82°02°30 E a distance of 36.49 feet;
thence, S 63°34°38 E a distance of 54.05 feet;
thence, S 45°59°58 E a distance of 20.95 feet;
thence, S 14°44°20 E a distance of 29.18 feet;
thence, S 11°11°17 W a distance of 26.42 feet;
thence, S 14°58°41 E a distance of 30.14 feet;
thence, S 43°42°10 E a distance of 69.77 feet;
thence, S 31°36°59 E a distance of 56.76 feet;
thence, S 49°38°46 E a distance of 40.12 feet;
thence, S 45°30°55 E a distance of 40.88 feet;
thence, S 60°16°38 E a distance of 43.39 feet;
thence, S 73°16°24 E a distance of 67.60 feet;
thence, S 53°05°15 E a distance of 15.86 feet;
thence, S 63°37°30 E a distance of 52.31 feet;
thence, S 83°28°21 E a distance of 46.95 feet;
thence, N 86°20°27 E a distance of 61.04 feet;
thence, N 31°59°09 E a distance of 47.07 feet;
River Edge Colorado PUD
Legal Description
Page 5 of 8
thence, N 06°58°38 E a distance of 32.16 feet;
thence, N 72°08°07 E a distance of 7.98 feet;
thence, S 24°51°03 E a distance of 72.35 feet;
thence, S 41°52°47 E a distance of 50.71 feet;
thence, S 54°44°21 E a distance of 38.31 feet;
thence, S 83°39°39 E a distance of 87.15 feet;
thence, S 57°11°12 E a distance of 77.06 feet;
thence, S 41°51°16 E a distance of 88.65 feet;
thence, S 57°39°13 E a distance of 65.60 feet;
thence, S 49°55°38 E a distance of 74.96 feet;
thence, S 61°04°52 E a distance of 43.44 feet;
thence, S 71°46°03 E a distance of 55.45 feet to the point of beginning, containing an area of
85.924 acres, more or less.
Together with Parcel B (North Parcel)
A tract of land situated in the east half of Section 12, Township 7 South, Range 89 West, and in
the west half of Section 7, Township 7 South, Range 88 West of the 6th Principal Meridian,
County of Garfield, State of Colorado, being more particularly described as follows:
Beginning Garfield County Surveyor's 2 1/2" Brass, found in place, and correctly marked as the
southeast corner of said Section 7, thence S 49°22'15" E a distance of 5479.54 feet to the true
point of beginning;
thence, S 89°43°30" E a distance of 1005.44 feet to a point on the westerly line of the Roaring
Fork Transit Authority Transportation Corridor Easement;
thence, along the westerly line of said Easement S 19°38°52" E a distance of 2644.53 feet;
thence, 494.34 feet along the arc of a curve to the right, having a radius of 2815.00 feet, a
central angle of 10°03°42 and subtending a chord bearing of S 14°37°01" E a distance of 493.70
feet;
thence, S 09°35'09" E a distance of 120.78 feet;
thence, departing the westerly line of said Easement N 65°36'14" W a distance of 60.45 feet;
thence, N 49°54'10" W a distance of 64.72 feet;
River Edge Colorado PUD
Legal Description
Page 6 of 8
thence, N 49°54'10" W a distance of 86.97 feet;
thence, N 48°11'10" W a distance of 54.30 feet;
thence, N 56°47'27" W a distance of 123.97 feet;
thence, N 83°47'24" W a distance of 93.00 feet;
thence, N 29°35'31" W a distance of 119.58 feet;
thence, N 78°00'43" W a distance of 33.84 feet;
thence, S 79°41'48" W a distance of 37.80 feet;
thence, S 22°57'52" W a distance of 56.05 feet;
thence, S 59°31'57" W a distance of 45.48 feet;
thence, N 82°32'35" W a distance of 28.23 feet;
thence, N 59°07'03" W a distance of 95.71 feet;
thence, N 71°20'44" W a distance of 85.73 feet;
thence, N 36°43'10" W a distance of 93.22 feet;
thence, N 25°39'22" W a distance of 181.92 feet;
thence, N 65°10'24" W a distance of 98.43 feet;
thence, S 85°02'33" W a distance of 52.20 feet;
thence, S 56°33'52" W a distance of 39.34 feet;
thence, S 20°49'33" W a distance of 42.96 feet;
thence, S 37°27'43" E a distance of 21.60 feet;
thence, N 77°02'57" W a distance of 89.66 feet;
thence, S 70°24'18" W a distance of 70.95 feet;
thence, N 88°59'39" W a distance of 55.55 feet;
thence, S 84°28'58" W a distance of 49.93 feet;
thence, N 14°22'48" E a distance of 68.20 feet;
thence, N 05°11'46" W a distance of 77.59 feet;
River Edge Colorado PUD
Legal Description
Page 7 of 8
thence, N 18°20'05" E a distance of 10.82 feet;
thence, N 22°53'40" E a distance of 44.14 feet;
thence, N 10°34'58" E a distance of 35.11 feet;
thence, N 08°59'51" E a distance of 47.16 feet;
thence, N 03°48'08" E a distance of 36.48 feet;
thence, N 04°40'52" E a distance of 71.03 feet;
thence, N 07°37'51" E a distance of 54.66 feet.
thence, N 29°28'14" W a distance of 63.68 feet;
thence, N 32°00'44" W a distance of 61.05 feet;
thence, N 26°17'29" W a distance of 55.52 feet;
thence, N 38°14'36" W a distance of 44.36 feet;
thence, N 53°11'32" W a distance of 37.73 feet;
thence, N 59°54'48" W a distance of 54.16 feet;
thence, N 87°51'35" W a distance of 36.97 feet;
thence, N 57°33'47" W a distance of 65.70 feet;
thence, N 81°56'22" W a distance of 85.02 feet;
thence, N 04°11'29" W a distance of 158.65 feet;
thence, N 35°50'41" W a distance of 41.30 feet;
thence, N 54°46'03" W a distance of 24.70 feet;
thence, N 28°51'45" W a distance of 209.99 feet;
thence, N 11°58'37" W a distance of 33.82 feet;
thence, N 41°03'46" E a distance of 78.19 feet;
thence, N 06°29'01" W a distance of 117.20 feet;
thence, N 20°05'27" W a distance of 94.24 feet;
thence, N 11°32'03" W a distance of 63.83 feet;
River Edge Colorado PUD
Legal Description
Page 8 of 8
thence, N 07°57'46" W a distance of 141.45 feet;
thence, N 09°56'14" E a distance of 50.76 feet;
thence, N 19°17'44" W a distance of 91.04 feet;
thence, N 44°41'59" W a distance of 134.55 feet;
thence, N 19°23'49" W a distance of 74.18 feet;
thence, N 19°33'06" W a distance of 43.27 feet;
thence, N 21°30'01" W a distance of 72.23 feet;
thence, N 00°16'30" E a distance of 217.77 feet;
thence, N 00°16'30" E a distance of 312.94 feet to the point of beginning, containing an area of
73.003 acres, more or less.
Together with, Parcel C:
A tract of land situated in the southwest quarter of Section 7, Township 7 South, Range 88 West
of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly
described as follows:
Beginning at a point on the westerly right of way line of Colorado State Highway 82, whence a 2
1/2" Brass Cap, found in place and properly marked as the southeast corner of said Section 7,
bears S 78°01'43" E a distance of 2054.18 feet;
thence, along said westerly right of way line N 09°35'10" W a distance of 188.14
thence, 282.60 feet along the arc of a curve to the left having a radius of 2915.00 feet, a central
angle of 5°33'17" and subtending a chord bearing of N 12°21'49" W a distance of 282.49 feet;
thence, departing said right of way line S 90°00'00" E a distance of 49.74 feet;
thence, S 06°01'00" E a distance of 202.70 feet;
thence, S 04°34'58" E a distance of 260.70 feet to the point of beginning, containing an area of
0.234 acres, more or less.