Loading...
HomeMy WebLinkAbout03.0 Binder 2 - Appendix A• S PRI N G VALLEY RANCH PUD PHASE I FINAL PLAT REPORT CONCERNING LEGAL WATER SUPPLY • • • This report summarizes the legal water supply plan for the Spring Valley Ranch PUD, Phase I. The water supply will be diverted under existing and proposed wells and springs located on the SVR property, and from surface water diverted under senior decreed irrigation water rights in Landis Creek. The water supply for the development is authorized by Water Court decrees approving water rights, changes of water rights and two plans for augmentation. These existing decrees provide a legally adequate water supply for the entire residential development, commercial uses, golf course, and related potable and agricultural open space irrigation, as shown in the project plans. The Garfield County Subdivision Resolution, Section 5:22.G., sets forth the requirement for demonstrating an adequate legal water supply. This section provides that if the State Engineer has issued a "no -injury" determination pursuant to C.R.S. § 30-28-136, the applicant shall provide: Written evidence of an adequate legal supply of water ... in a form consistent with the requirements of the resolution approving the Preliminary Plan, the report of the State Engineer submitted for consideration at Preliminary Plan review, and the requirements of this section. As part of Preliminary Plan approval, the Office of the State Engineer by letter dated May 26, 2000, provided a "no injury" determination, subject to the requirements that (1) the claimed water rights are dedicated to the project, and (2) the plan for augmentation is operated according to decreed terms and conditions. A copy of this letter is attached as Exhibit A. As demonstrated herein, at the time of recording of the final plat Spring Valley Holdings, LLC will convey and assign appropriate portions of the water rights, well permits, plan for augmentation and Basalt Water Conservancy District contract necessary to service Phase I to the Landis Creek Metropolitan District No. 1, the water provider to the development. The District will operate the water rights, permits and augmentation plan according to their terms. Additionally, the BOCC resolutions approving the PUD and Preliminary Plan (2005-83 and 2005-84), establish certain requirements regarding the project water supply. These specific conditions are addressed in this Report. Ownership of Water Rights Spring Valley Holdings owns senior water rights for irrigation, and numerous other water rights that will be used to supply both the potable and non -potable water requirements of the project. A copy of the deed by which Spring Valley Holdings acquired these water rights is attached as Exhibit B. 2 Summary of Legal Water Supply for Phase I The domestic water supply for the project will be derived from wells drilled into the Spring Valley Aquifer and into water bearing formations in the middle bench area of the project. Water pumped from these wells is tributary to the Roaring Fork River. These wells include the following: Spring Valley Well No. 1 Spring Valley Ranch Well No. 2-3 SVH Well Nos. 5-10 ASR Well Nos. 13-16 Up to 20 Additional Wells (SVR Wells 17-36) A list of all the water rights available for the total development are shown on Exhibit C attached hereto. Only a portion of the total water rights available for project development will be necessary for Phase I. Phase I will consist of 50 Golf Lots, clubhouse, fire station, metro district facility, sales center and gate house. Water service to Phase I will be provided through ASR Well Nos. 13 and 14. These wells were decreed in Case No. 98CW256, Water Division No. 5, attached as Exhibit D. These wells are also decreed as alternate points of diversion for the Basalt Conduit water right, and therefore will operate under the priority of that right as decreed in Case Nos. 84CW212 and 98CW255, Water Division No. 5, attached as Exhibit E. These decrees provide that the wells will operate under their own priorities as decreed; under the 1957 priority associated with the Basalt Conduit; and when neither of such priorities is in priority, under the augmentation plans decreed in Case No. 87CW155 and 98CW254, described below. There are no other water rights in the Spring Valley Aquifer with priorities senior to the 1957 priority date of the Basalt Conduit water right. Therefore, with this 1957 priority, the wells and springs serving the development are junior only to water rights located on the Roaring Fork and Colorado Rivers. The Office of the State Engineer issued well permits for these wells on September 25, 2007. Copies of these well permits are attached as Exhibit F. A summary of the water rights and permits for the wells serving Phase I is shown in Table 1 below. 3 • • • Table 1 — Summary of Water Rights and Permits for Phase I Well Decree Priority `A ell Permit Permitted Diversion ASR 13 98CW256 98CW254 98CW255 — Alt. Point for Basalt Conduit, Decreed 06/20/1958 in C.A. 4613 66298-F 100 gpm 50 af/yr ASR 14 98CW256 98CW254 98CW255 — Alt. Point for Basalt Conduit, Decreed 06/20/1958 in C.A. 4613 66299-F 100 gpm 50 af/yr • Total 200 gpm 100 af/yr The water rights decreed to ASR 13 and ASR 14 are included in the Plan for Augmentation decreed in Case No. 98CW254, Water Division No. 5. This decree will operate to ensure that the water supply for the project can be provided without causing material injury to any other water rights. The decree contemplates that water will be released from Ruedi Reservoir and/or Green Mountain Reservoir in an amount equal to the out -of -priority depletion to the Roaring Fork and Colorado Rivers by the in-house, pond evaporation and irrigation requirements of the project. This augmentation plan, together with the plan decreed in Case No. 87CW 155, contemplates water service for up to 577 residential units (91 of which would be on ISDS systems, and the remainder of which would be treated through the Spring Valley Sanitation District central system), and 420 acres of irrigation. The total annual water requirement covered under this augmentation plan is 1,457 acre-feet, with a total annual consumptive use of 974 acre- feet. A significant portion of the annual consumptive use will occur at times when there is no water rights call on the Roaring Fork River system. As a result, the overall augmentation requirement for the Spring Valley Ranch PUD is set in the augmentation plan at 420 acre-feet in a dry year. Based on calculations contained in Exhibit D-1 to the plan for augmentation for the project decreed in Case No. 98CW254, average diversions necessary to serve the needs of the entire development from the potable water system will be 472.9 acre-feet per year. Average depletions for the entire development from the potable water system are calculated in Exhibit D-1 to total 177.1 acre-feet per year. Augmentation water necessary to offset any out -of -priority depletions under the augmentation plans will be provided pursuant to contracts with the Basalt Water Conservancy District. Spring Valley Holdings, LLC holds contract rights with the Basalt Water Conservancy District under two water allotment contracts. These contracts allot a total of 6.0 c.f.s. of direct flow water rights under the Basalt Conduit water right (which 4 are decreed to the wells as alternate points of diversion), and a total of 420 acre-feet of storage water in Ruedi and Green Mountain Reservoirs. Copies of these contracts and the assignments of the contracts to Spring Valley Holdings, LLC are attached as Exhibit G. Development of Phase I will result in a diversion requirement of about 61 acre-feet per year, and a consumptive use of about 12 acre-feet per year. A letter from Wright Water Engineers providing the anticipated water requirements for Phase I is attached as Exhibit H. Therefore, the annual water diversion requirement for Phase I is within the limits of the permitted diversions for wells ASR 13 and ASR 14. The calculated annual consumptive use requirement for Phase I is well within the total allowable depletion augmented under the decree in Case No. 98CW254, Water Division No. 5. As phases are developed, water rights will be conveyed to the Landis Creek Metropolitan District No. 1, the water service provider for the development. A copy of an agreement to convey the water rights for Phase I to the District is attached as Exhibit I. This agreement provides for the conveyance of the water rights to wells ASR 13 and ASR 14 to the District. Additionally, Spring Valley Holdings will convey to the District a proportionate interest in the augmentation plan decreed in Case No. 98CW254, and in the Basalt Water Conservancy District Contracts, necessary to operate the wells for service to Phase I. The interest in the Basalt Water Conservancy District contracts and augmentation plan conveyed is proportionate to the total water supply needs of the project.I The form of deed conveying these water rights to the District, also attached as part of Exhibit I, will be recorded concurrently with the recording of the Final Plat for Phase I, together with appropriate assignments of the well permits and the Basalt Water Conservancy District Contracts. Garfield County PUD and Preliminary Plan Resolutions The PUD and Preliminary Plan Resolutions approving the Spring Valley Ranch PUD contain specific provisions regarding demonstration of an adequate legal water supply to the project. Below, each condition of the PUD and Preliminary Plan Resolutions is set forth, together with a response by the Applicant as to how such condition has been satisfied. PUD Resolution 2005-83 The conditions of PUD Resolution 2005-83 related to legal water supply, together with the Applicant's response, are set forth below. The Basalt Water Conservancy District Contracts total 420 acre-feet of augmentation water, which amount is incorporated into the augmentation plan decree in Case No. 98CW254 to provide for both potable and non -potable water requirements. Therefore, the proportionate interest conveyed to the District for the potable requirements for Phase I will bear the same relation as the calculated potable depletions for Phase I bear to the total calculated potable and non -potable depletions for the entire project. 5 • • • 10.0 Future use of additional wells (Gamba wells) requires the development of water • rights and well permits if required by the appropriate state agency. • • RESPONSE: The "Gamba Wells" were decreed in Case No. 98CW256, Water Division No. The "Gamba Wells" have been permitted as set forth above. 11.0 All conditions of the Division of Water Resources shall be met. Those conditions include but are not limited to: (1) the claimed water rights are dedicated to the project, and (2) the plan for augmentation is operated according to decreed terms and conditions. RESPONSE: As demonstrated herein, at the time of recording of the final plat Spring Valley Holdings, LLC will convey and assign the appropriate portions of the water rights, well permits, plan for augmentation and Basalt Water Conservancy District contract necessary to service Phase I to the Landis Creek Metropolitan District No. 1, the water provider to the development. Under the terms of the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached as Exhibit I, the District will operate the water rights, permits and augmentation plan according to their terms, including specifically the terms of all applicable stipulations and agreements with objectors. The District's agreement to assume the obligations specified in the agreement shall run to the benefit of the parties to any such agreements and stipulations, the parties specifically identified in the conditions of approval, and to Garfield County. Therefore, this condition will be fully satisfied with respect to Phase I. 12.0 Available surface water supplies shall be used to their fullest extent to provide the irrigation supply to the golf courses in order to minimize groundwater withdrawals. A groundwater monitoring plan shall be developed to monitor future water levels near the Spring Valley Ranch wells. The monitoring plan shall include water level measurements in the production wells and other wells at the PUD that can be used as monitoring holes. The monitoring plan shall include measurements made with enough frequency to observe seasonal groundwater fluctuations and long term groundwater trends. Results of the monitoring program shall be available to the public. RESPONSE: As part of the preliminary plan submittal, the project is committed to using available surface water supplies for golf course irrigation, and to use water from wells as supplemental to the surface supplies. Senior surface rights on Landis Creek will be used for golf course irrigation. The water rights dedication agreement and conveyance of the wells to the Landis Creek Metropolitan District No. 1 attached as Exhibit I, is subject to a reservation that any portion of the water 6 rights not then needed by the District for domestic water service to and within Phase I of the Spring Valley Ranch P.L.D., may be used for golf course irrigation purposes supplemental to surface water supplies owned and used by the Grantor for such purpose. This satisfies the first part of this condition. A groundwater monitoring plan prepared by Wright `Vater Engineers is attached as Exhibit J. In the water rights dedication agreement between Spring Valley Holdings, LLC and the Landis Creek Metropolitan District No. 1 attached as Exhibit I, the District agrees to operate and maintain this groundwater monitoring plan. This satisfies the balance of this condition. 12.1 There will be an additional monitoring well developed or identified that is at least 2000 feet from the production wells. Either a new well or an off- site well meeting those criteria could meet the criteria. All of the monitoring reports will be available to the public. RESPONSE: Attached as Exhibit K is a copy of a monitoring well permit application submitted to the Office of the State Engineer, together with a map illustrating that the monitoring well will be more than 2000 feet from wells ASR 13 and ASR 14. Since the wells will be owned by the Landis Creek Metropolitan District No. 1, the monitoring results will be public documents. 13.0 The domestic water system must be constructed and operated in accordance with the Colorado Department of Public Health and Environment regulations and standards. RESPONSE: Under the terms of the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached as Exhibit I, the District will agree to assume this obligation. The District's agreement to assume this obligation shall run to the benefit of Garfield County. Therefore, this condition will be fully satisfied. Preliminary Plan Resolution 2005-84 20.0 Owners of existing permitted domestic wells in use for a single-family residence as of October 29, 2001 that are located on the properties that are contiguous to the boundaries of the Districts and therefore within the service area of the Districts to connect to the central potable water supply system of the Districts in the following conditions: 20.1 Each dwelling unit served by an existing permitted well shall be entitled to one tap for the provision of one EQR from the central potable water system; 7 • • • • • 20.2 Such owners shall be subject to the same rules, regulations, and policies as all other residential users on such systems; 20.3 Such owners shall be charged in -District fees, charges, and rates even though they are out of the Districts; 20.4 In the event that such an owner's well becomes unable to produce the quantities required for permitted domestic well, such well owner shall not be required to pay a tap fee at the time of connection to the water supply system; 20.5 The main infrastructure and distribution systems for the water supply system have been installed and tested and operational; 20.6 Such owners may choose to connect to the water supply system at any time after the system is installed and operational and shall connect to such system on any appropriate primary distribution line and SVD shall use all reasonable efforts to locate such distribution lines in a manner that, to the extent feasible and practical, it will accommodate a connection by such owners; 20.7 Such owners shall be responsible for all costs associated with constructing and extending the necessary water lines to connect to the water supply system's primary distribution lines; 20.8 Such owners may keep their existing permitted well in operation, the water court decrees that will legally support such service must be issued in Case Nos. 98CW254 and 255 in Water Division No. 5; and 20.9 Such owners will be responsible for securing any necessary rights-of-way from their property to the district boundary and SVD or the District will provide the appropriate rights-of-way, within the District boundary. RESPONSE: The decree in 98CW254 provides that it can allow for water service not only to the Spring Valley Ranch PUD, but also to "any related development at or near the same location." This provision will allow properties such as the owners of the BR Hopkins Spring and contiguous properties served by domestic wells to be served from the development's water supply as necessary in accordance with the terms of the agreement in Case No. 98CW256 and Resolution 2005-84. Under the terms of the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached as Exhibit I, the District will agree to assume this obligation, and Spring Valley Holdings will agree to provide any water rights from existing decrees necessary for such service. The District's agreement to assume this obligation shall run to the benefit of the parties to any such agreements and stipulations, the parties specifically identified in this condition of approval, and to Garfield County. Therefore, this condition will be fully satisfied. 21.0 Individual well development shall be prohibited for new residential development. 8 RESPONSE: Under the terms of the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached as Exhibit L the District will agree to assume this obligation. The District's agreement to assume the obligations specified in the agreement shall run to the benefit of Garfield County. Therefore, this condition will be fully satisfied. 22.0 The Applicant shall work with the water district providing potable water service to the development to adopt a water usage rate structure that encourages conservation. RESPONSE: Under the terms of the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached as Exhibit I, the District will agree to assume this obligation. The District's agreement to assume the obligations specified in the agreement shall run to the benefit of Garfield County. Therefore, this condition will be fully satisfied. 23.0 Well water usage for agricultural and golf course purposes shall be allowed to supplement surface water sources in the event of a shortage of surface water supplies. RESPONSE: Under the terms of the water rights dedication agreement between Spring Valley Holdings, LLC and the District attached as Exhibit I, the District will agree to assume this obligation. The District's agreement to assume the obligations specified in the agreement shall run to the benefit of Garfield County. Therefore, this condition will be fully satisfied. 24.0 Valid well permits must be obtained for all of the wells included in the water supply plan and copies submitted to the Planning Department prior to Final Plat approval. RESPONSE: The Office of the State Engineer issued well permits for ASR Well Nos. 13 and 14 on September 25, 2007. Copies of these well permits are attached as Exhibit F. Therefore, this condition is fully satisfied. 9 • • EXHIBIT C Spring Valley Ranch PUD Water Rights Decrees 1. Kendall & Stricklett Ditch, decreed in C.A. 304 for 0.1 c.f.s. on April 18, 1890, with a priority date of May 15, 1882. 2. Landis No. 1 Ditch, decreed in C.A. 304 for 1.6 c.f.s. on April 18, 1890, with a priority date of June 1, 1882. 3. Landis No. 2 Ditch, decreed in C.A. 304 for 1.6 c.f.s on April 18, 1890, with a priority date of June 1, 1882. 4. O.K. Ditch, decreed in C.A. 304 for 1.2 c.f.s on April 18, 1890, with a priority date of May 15, 1884. 5. Forker & Gibson Ditch, decreed in C.A. 304 for 5.5 c.f.s on April 18, 1890, with a priority date of April 30, 1885. 6. Frank Chapman Ditch, decreed in C.A. 304 for 2 c.f.s on April 18, 1890, with a priority date of April 25, 1886. 7. Case No. 81CW193, October 4, 1982, which decreed a change in point of diversion for the Kendall & Stricklett Ditch, Landis Ditches 1 & 2, O.K. Ditch, Forker & Gibson Ditch, and Frank Chapman Ditch to a consolidated point of diversion on Landis Creek, for the irrigation of up to 300 acres. 8. Hopkins Reservoir, decreed for 119.6 acre-feet on April 30, 1910, with a priority date of May 18, 1909. 9. Hopkins Spring No. 1, decreed in W-3121 for 0.0614 c.f.s. on May 19, 1978, with a • priority date ofJune 30, 1900. 10. Hopkins Spring No. 2, decreed in W-3122 for 0.0924 c.f.s. on November 7, 1977, with a priority date ofJune 30, 1900. 11. Spring Valley Well No. 1, decreed in W-3298 for 0.67 c.f.s. on May 19, 1978, with a priority date of December 7, 1976. 12. Spring Valley Ranch Well No. 2, decreed in W-3549 for 0.033 c.f.s. on May 18, 1978, with a priority date of December 31, 1941. 13. Spring Valley Ranch Well No. 3, decreed in W-3702 for 0.088 c.f.s. on October 17, 1978, with a priority date of November 17, 1977. 14. Hopkins Ditch, decreed in W -3298-A for 3.00 c.f.s. on September 20, 1977, with a priority date of December 31, 1940. 15. SVH Well No. 5, decreed in 82CW390 for 300 g.p.m. on, with a priority date of December 15, 1982. 16. SVH Well No. 6, decreed in 82CW391 for 300 g.p.m. on October 7, 1985, with a priority date of December 15, 1982. 17. SVH Well No. 7, decreed in 82CW392 for 300 g.p.m. on October 7, 1985, with a priority date of December 15, 1982. 18. SVH Well No. 8, decreed in 82CW393 for 300 g.p.m. on October 7, 1985, with a priority date of December 15, 1982. 19. SVH Well No. 9, decreed in 82CW394 for 300 g.p.m. on October 7, 1985, with a priority date of December 15, 1982. 20. SVH Well No. 10, decreed in 82CW395 for 300 g.p.m. on October 7, 1985, with a • priority date of December 15, 1982. 10 21. Case No. 84CW212, which decreed alternate points of diversion for 6.0 c.fs. of the Basalt Conduit water right as decreed in C.A. 4613 on June 20, 1958, for 450 c.f.s. with a priority date of July 29, 1957. The alternate points of diversion are at the Hopkins Spring Nos. 1 and 2, Spring Valley Well No. 1, Spring Valley Ranch Well Nos. 2 and 3, and SVH Well Nos. 5-10. (See description of Case No. 98CW255, below) 22. Case No. 87CW155, July 7, 1989, which decreed a plan for augmentation for water service for up to 2642 residential units, and 150 acres of irrigation, for a total annual water requirement of 1371 acre-feet and a total annual consumptive use of 453.6 acre- feet. This augmentation plan contemplates water service to the Spring Valley Ranch from the following water rights: Hopkins Spring No. 1, Hopkins Spring No. 2, Spring Valley Well No. 1, Spring Valley Ranch Well Nos. 2-3, SVH Well Nos. 5-10. 23. Case No. 98CW255, Water Division No. 5, which amended the decree in Case No. 84CW212 to include the ASR Well No. 13-16, together with up to 20 Additional Wells that could be developed on the Spring Valley Ranch PUD, as additional alternate points of diversion for the Basalt Conduit water right. 24. Spring Valley Well No. 1 (300 g.p.m.), Spring Valley Ranch Well Nos. 2 and 3 (300 g.p.m.), SVH Well Nos. 5-10 (100 g.p.m.), ASR Well Nos. 13-16 (150 g.p.m. for 13-15 and 100 g.p.m. for 16), and 20 Additional Wells (100-300 g.p.m.), decreed in Case No. 98CW256, Water Division No. 5, for the uses described in the augmentation plan decreed in 98CW254. 25. ASR Ditch No. 1, decreed for 1 c.f.s. in Case No. 98CW256, Water Division No. 5, on October 30, 2002 with a priority date of December 14, 1998. 26. ASR Reservoir Nos. 1-3, decreed for 15, 30 and 20 acre-feet respectively in Case No. 98CW257, Water Division No. 5, with a priority date of December 14, 1998. 27. Case No. 98CW254, December 9, 2002, which decreed a plan for augmentation for water service for up to 695 EQR, 24 acres of pond surface area, and 420 acres of irrigation in conjunction with the augmentation plan in 87CW155, for a total annual water requirement of 1457 acre-feet and a total annual consumptive use of 974 acre- feet, up to a total augmentation requirement of 420 acre-feet per year. This augmentation plan contemplates water service to the Spring Valley Ranch from the following water rights: Hopkins Spring No. 1, Hopkins Spring No. 2, Spring Valley Well No. 1, Spring Valley Ranch Well Nos. 2-3, SVH Well Nos. 5-10, ASR Well Nos. 13-16, and up to 20 Additional Wells to be located anywhere on the Spring Valley Ranch PUD. 28. Water Allotment Contract with the Basalt Water Conservancy District, dated December 20, 1984, allotting 180 acre feet of water. 29. Water Allotment Contract with the Basalt Water Conservancy District, dated November 9, 1998, allotting 240 acre feet of water. 11 • Exhibit A • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER ion of Water Resources rtment of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589 May 26, 2000 httpJ/water.state.co.us/default.htm Jeff Laurien Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 Re: Spring Valley Ranch PUD Secs. 14, 15, 16, 20, 21, 22, 27, 28, 29, 32, 33 & 34, T6S, R88W, 6TH PM W. Division 5, W. District 38 • Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer Dear Mr. Laurien: We have reviewed additional information regarding the above referenced proposal to subdivide a site of approximately 5948 acres into parcels for 577 dwelling units, 20,000 square feet of commercial area, two eighteen hole golf courses, an equestrian center, and parks and open space. Ninety-one of the dwelling units will be on ranch lots averaging about 32 acres each. Water diversions are estimated at a maximum of 1,024 acre-feet, with a consumptive use of 621 acre-feet. The development will have two water systems: 1) a central potable water system which will use wells to serve in-house and commercial needs, 44 acres of lawn and garden irrigation, 46 acres of park and landscaping, and supplemental irrigation of up to 150 acres of the golf course, and 2) a non -potable system using surface diversions as the primary source to irrigate 181 acres comprised of the two golf courses and up to 119 acres of open space and agricultural land. This is to be accomplished pursuant to the Hopkins Reservoir storage right, the change in water rights decreed in Case No. 81CW193, the water rights decreed in Case No. 84CW212, and the augmentation plan decreed in Case No. 87CW155. Sewage disposal for the 91 ranch lots will be through advanced treatment individual sewage disposal systems. Sewage disposal for the remaining lots will be through a central system, with treatment provided by the Spring Valley Sanitation District. Based on the March 2, 2000, report by Wright Water Engineers, Inc. (WWE), it can be determined that the estimated maximum annual well diversions and consumptive use are 592 acre-feet and 283 acre-feet, respectively. These amounts are well within the 1371 acre-feet of diversions and 453.6 acre-feet of depletions contemplated under the augmentation plan decreed in Case No. 87CW155. The balance of the diversions and depletions are for irrigation, and will be supplied by the Landis Creek water rights, which were changed to a consolidated alternate point of diversion in Case No. 81 CW193, and the Hopkins Reservoir. Table 6 of the WWE report indicates that the maximum pumping from the Spring Valley aquifer wells is expected to be approximately 600 gpm. Testing conducted from February 29, 2000, to March 13, 2000, indicates that Spring Valley Ranch Well No. 6 produced from 230 to 250 gpm over a sixty-six hour period at the conclusion of the test. This well is in the vicinity of Spring Valley Ranch Well Nos. 1, 2 and 3, as well as S V H Well Ncs. 5, 6, 7 and 8. Testing conducted from February 14, 2000, to February 25, 2000, indicates that Gamba Well No. 1 produced 75 gpm for the duration of the test. This well is in the vicinity of S V H Well Nos. 8, 9 .and 10. If the additional wells have similar production rates the water supply should be physically adequate. 57 Garfield County Building and Planning May 26, 2000 Spring Valley Ranch PUD Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply can be provided without causing material injury to decreed water rights and is adequate so long as: (1) the claimed water rights are dedicated to the project, and (2) the plan for augmentation is operated according to its decreed terms and conditions. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, 2D:j 610-X— Kenneth W. Knox Assistant State Engineer KWK/CML/Spring Valley Ranch iv.doc cc: Orlyn Bell, Division Engineer Joe Berquist, Water Commissioner, District 38 c D • Exhibit B • • 1 11111111111 1111111 11 11111111 11111 11111 111 11111 1111 1111 686804 11/21/2005 09:55A B1747 P362 M ALSDORF 1 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED r.1.- I. • Spring Valley Development, Inc., a Colorado corporation ("Grantor"), having an address at c/o Lehman Brothers Holdings Inc., 399 Park Avenue, 8th Floor, New York, NY 10022, Attention: Carmine A. Visone, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid in hand to Grantor by Spring Valley Holdings, LLC, a Delaware limited liability company ("Grantee"), having an address at 14001 Dallas Parkway, Suite 1105, Dallas, TX 75240, Attention: J. Kenneth Dunn, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto Grantee that certain tract of land located in Garfield County, Colorado and more particularly described in Exhibit A attached hereto and incorporated herein by this reference, together with all buildings, improvements and fixtures located thereon and owned by Grantor as of the date hereof and all rights, privileges and appurtenances pertaining thereto including all of Grantor's right, title and interest in and to all rights-of-way, open or proposed streets, alleys, easements, strips or gores of land adjacent thereto (herein collectively called the "Real Property"). This conveyance is made by Grantor and accepted by Grantee subject to all covenants, conditions, restrictions, and other matters of record in the office of the Garfield County, Colorado, and all unpaid taxes and assessments, known or unknown (collectively, the "Permitted Exceptions"). TO HAVE AND TO HOLD the Real Property together with all improvements located thereon all and singular the rights and appurtenances thereto in anywise belonging, subject to the Permitted Exceptions, unto Grantee, its legal representatives, successors and assigns. Subject to the Permitted Exceptions, Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof by, through or under Grantor. This conveyance is made together with, but without warranty, water, water rights, water courses, ditches and ditch rights, reservoirs, reservoir rights and storage rights, wells and well rights, well permits, springs and spring rights, groundwater rights (whether tributary, nontributary or not- nontributary), water contracts, water allotments, water taps, stock certificates, shares in ditch or reservoir or water companies, and all other rights of any kind or nature in or to the use of water, whether or not adjudicated, which are appurtenant to, historically used on or in connection with, or located on or under the Real Property (collectively, "Water Rights"), together with any and all associated structures and facilities for the diversion, carriage, transmission, conveyance, measurement, storage or use of said Water Rights, and any and all easements, rights of way, fixtures, personal property, contract rights, licenses, permits or decrees associated with or used in Re+vin '1.0 LEGAL US_E # 70128665.3 C lege Ca vit o a i t.J�� (Y%uitsclt /4Rrd+ (ei' f g 3800 C,�co/,1l°/Rah Soo .v. Akk.,.d St {)a URS, 7X 75Z0/-- 665-y 1 imii 11111 IIlIIl 11 1111111111111111111111111 Il 1111 686804 11/21/2005 09:55A 61747 P363 M ALSDORF 2 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO connection with any such Water Rights or which may be necessary for the development, operation or maintenance of such Water Rights. [Signatures follow on next page] LEGAL US E # 70128665.3 • • i imu nm mail n uunu uui iinuu nunui IIF 686804 11/21/2005 09:55A B1747 P364 M ALSDORF 3 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO EXECUTED this /B -d-1' day of November, 2005, TO BE EFFECTIVE as of the day of November, 2005. SPRING VALLEY DEVELOPMENT, INC., a Color 4o corporation By: Name: !David $ roderick Title: Authonz igna ory New York STATE OF - § New York § COUNTY OF• § IIII'I IIIA IIIIIII 11 Villlil 11111 11111 III 11111 III IIII 686804 11/21/2005 09:55A B1747 P365 M ALSDORF 4 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO This instrument was acknowledged before me on November] 2005 by David S• Broderick authorized signatory of Spring Valley Development Inc., a C. •rado corporation, on behalf of said. My Commission Expires: ANGELA MARIGUANO NOTARY PUBLIC. State of New York No, 01MA613321/ Ouedtfled in New York County �{ss{on Exp lrss tSePtsmbet , 2009 AF FER RECORDING RETURN TO: Notary Public • • • 1111111 111111111 11 11111111 1111 11E111 1111 11111111 686804 11/21/2005 09:55A B1747 P366 M ALSDORF 5 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO • EXHIBIT A LEGAL DESCRIPTION • • Spring Valley Development, Inc. parcel: A parcel of land located in Section 14, 15, 16, 20, 21, 22, 27, 28, 29, 32, 33, and 34, Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described as follows: Beginning at the Northwest Corner of said Sectior. 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933) thence S 88°16'08" E 2627.19 feet along the north line of said Section 20 to the North Quarter Corner of said Section 20 being a 1-1/2 inch Aluminum Cap (L.S. 16835) found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S 88°15'48" E 2625.91 feet along the north line of said Section 20 to the Northeast Corner of said Section 20 being a 2-1/2 inch GLO Brass Cap found in place said corner also being on the west line of said Section 16; thence N 00°00'14" W 2631.77 feet along the west line of said Section 16 to the East Quarter Corner of Section 17, T. 6 S., R. 88 W., 6th P.M. being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°08'04" W 340.70 feet continuing along the west line of said Section 16 to the West Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'47" E. 1047.99 feet continuing along the west line of said Section 16 to the southwest corner of a parcel of land described in Book 448, Page 284 in the office of the Garfield County Clerk and Recorder; thence the following three courses along the boundary of said parcel described in Book 448, Page 284: 1. thence N 89°16'47" E 334.10 feet; 2. thence N 03°35'47" E 252.06 feet; 3. thence N 88°27'52" W 349.87 feet to a point on the west line of said Section 16: thence N 00°01'47" E 977.15 feet along the west line of said Section 16 to the Northeast Corner of said Section 17 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'20" W 344.80 feet continuing along the west line of said Section 16 to the Northwest Corner of said Section 16 being a 2- 1/2 inch GLO Brass Cap found in place; thence N 89°57'15" E 2703.26 feet along the north line of said Section 16 to the North Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'09" E 2637.87 feet continuing along the north line of said Section 16 to the Northeast Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°58'17" E 2638.56 feet along the north line of said Section 15 to the North Quarter Corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place; thence S 89°59'36" E 1318.31 feet continuing along the north line of said Section 15 to the west line of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place whence the northeast corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place bears S 89°59'36" E 137.8.31 feet; thence S 00°00'09" E 1312.36 feet along the west line of the NE1/4NE1/4 of said Section 15, to the southwest corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence N 89°55'46" East 1317.67 feet along the south line of the NE1/4NE1/4 of said Section 15 to the southeast corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S. 89°58'46" East 1320.64 feet along the north line of the SW1/4NW1/4 LEGAL_US_E # 70128665.3 1 111111 11111 1111111 11 VIII 11111 111 11111 1111 !III 686804 11/21/2005 09:55A 61747 P367 M ALSDORF 6 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO of said Section 14 to the northeast corner of the SW1/4NW1/4 of said Section 14 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 00°01'34" W 1312.94 feet along the east line of the SW1/4NW1/4 of said Section 14 to the southeast corner of the SW1/4NW1/4 of said Section 14; thence S 00°01'19" East 1667.58 feet along the east line of the W1/2SW1/4 of said Section 14; thence S 89°58'41" W a distance of 1319.21 feet to a point on the east line of Section 15; thence N 00°04'13" W a distance of 370.03 feet along the East line of Section 15; thence N 90°00'00" W a distance of 1360.33 feet; thence N 00°00'00" W a distance of 940.00 feet; thence N 90°00'00" W a distance of 1440.00 feet; thence S 00°00'00" W a distance of 150.00 feet; thence S 89°58'11" W a distance of 1158.63 feet to a point on the east line of the NW1/4SW1/4 of said Section 15; thence N 00°01'49" W a distance of 501.28 feet along said east line of the NWI/4SW1/4 of said Section 15 to the Northeast corner of said NW1/4SW1/4 of Section 15 being a 2 inch aluminum cap (P.E.L.S. 5933); thence S 89°51'07" W a distance of 1323.59 feet along the north line of said NW1/4SW1/4 of Section 15 to the W1/4 corner of said Section 15 being a 2-1/2 inch GLO Brass Cap; thence S 00°05'16" W a distance of 1535.19 feet along the west line of said Section 15 to the Southwest Corner of said NW1/4SW1/4 of Section 15 being a 2 inch aluminum cap (P.E.L.S. 5933); thence S 89°51'32" E 856.76 feet along the south line said NW1/4SW1/4 of Section 15; thence S 00°00'00" W a distance of 700.00 feet; thence N 60°11'19" E a distance of 1740.00 feet; thence S 44°04'32" E a distance of 720.00 feet; thence S 59°25'06" E a distance of 380.00 feet; thence S 04°18'14" W a distance of 1705.77 feet; thence S 52°00'40" W a distance of 570.00 feet; thence S 32°36'07" E a distance of 720.00 feet; thence N 55°19'58" E a distance of 662.28 feet; thence S 34°57'59" E a distance of 1160.00 feet; thence S 61°02'11" W a distance of 1510.00 feet; thence S 49°17'33" W a distance of 440.21 feet; thence S 67°46'01" W a distance of 2056.57 feet; thence S 33°43'34" E a distance of 2585.68 feet; thence S 57°12'11" E a distance of 1507.60 feet; thence S 25°57'07" East a distance of 1863.71 feet; thence S 08°45'36" E a distance of 1546.11 feet; thence S 00°45'01" W a distance of 425.99 feet; thence N 89°14'59" W a distance of 2048.85 feet along the south line of said Section 27 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°17'11" W 1319.72 feet along the north line of said Section 34 to the NE corner W1/2NW1/4 of said Section 34 whence the Northwest Corner of said Section 34 bears N 89°17'11" W 1319.72 feet; thence S 00°05'58" E 2466.04 feet along the east line of the W1/2NW1/4 of said Section 34 to the southeast corner of the W1/2NW1/4 of said Section 34; thence S 89°51'39" W 1389.27 feet along the south line of the W1/2NW1/4 of said Section 34 to the West Quarter Corner of said Section 34 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°27'45" W 2511.99 feet along the south line of the NE1/4 of said LEGAL US_E a 70128665.3 i iuiii uiii nuiii a iiimii uiii iini iii uiii iui iui 686804 11/21/2005 09:55A 61747 P368 M ALSDORF 7 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO • • • Section 33 to the Center Quarter of said Section 33 being a 3 inch Aluminum Cap (County Surveyor) found in place; thence N 88°27'28" W 1092.52 feet along the south line of Lot 6 of said Section 33 to the southwest corner of said Lot 6; thence N 00°19'52" E 821.58 feet along the west line of said Lot 6 to the southeast corner of Lot 5 of said Section 33; thence N 88°29'25" W 1065.30 feet along the south line of said Lot 5 to a point on the northerly right-of-way of Garfield County Road 119; thence the following seventeen (17) courses along the northerly right-of-way of said County Road 119; 1. thence along the arc of a non -tangent curve to the left having a radius of 190.00 feet, and a central angle of 40°11'43" for a distance along the curve of 133.29 feet; the chord of said curve bears N 69°42'36" W a distance of 130.58 feet; 2. thence N 89°48'27" W 335.07 feet to a point on the west line of said Section 33 whence the Northwest Corner of said Section 33 being a 3 -inch County Surveyor's Aluminum Cap found in place bears N 01°14'21" E 1729.72 feet; 3. thence N 89°48'27" W 746.63 feet 4. thence along the arc of a curve to the right having a radius of 9975.00 feet, and a central angle of 01°23'23" for a distance along the curve of 241.95 feet: the chord of said curve bears N 89°06'46" W a distance of 241.94 feet; 5. thence N 88°25'04" W 886.82 feet; 6. thence along the arc of a curve to the right having a radius of 30.00 feet, and a central angle of 101°43'17" for a distance along the curve of 53.26 feet; the chord of said curve bears N 37°33'26" W a distance of 46.54 feet; 7. thence 8. thence N 13°18'13" E 1531.48 feet; along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of 15°55'12" for a distance 198.67 feet; the chord of said curve bears N 05°20'37" E a distance of feet to a point on the south line of said Section 29 whence the Corner of said Section 29 bears S 89°03'23" E 1570.16 feet; 9. thence along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of 29°05'27" for 363.03 feet; the chord of said curve bears feet; 10. thence along the arc of a curve to the feet, and a central angle of 14°56'46" for 483.40 feet; the chord of said curve bears feet; 11. thence N 46°39'12" w 512.11 feet; 12. thence along the arc of a curve to the feet, and a central angle of 29°19'12" for 278.53 feet; the chord of said curve bears feet; 13. thence N 75°58'25" W 274.72 feet; 14. thence along the arc of a curve to the feet, and a central angle of 10°01'45" for 136.11 feet; the chord of said curve bears feet; 15. thence N 65°56'40" W 288.79 feet; 16. thence along the arc of a curve to the feet, and a central angle of 12°43'09" for along the curve of 198.03 Southeast LEGAL US E#70128665.3 a distance along the curve of N 17°09'43" W a distance of 359.14 left having a radius of 1853.11 a distance along the curve of N 39°10'49" W a distance of 482.03 left having a radius of 544.29 a distance along the curve of N 61°18'49" W a distance of 275.50 right having a radius of 777.56 a distance along the curve of N 70°57'32" W a distance of 135.93 right having a radius of 934.49 a distance along the curve of 1E111E1 1111111 11 1111111111111111 111 11111 1111 1111 686804 11/21/2005 09:55A 81747 P369 M ALSDORF 8 of 16 R 81.00 0 2500.00 GARFIELD COUNTY CO 207.45 feet; the chord of said curve bears N 59°35'05" W a distance of 207.03 feet; 17. thence N 53°13'30" W 363.38 feet to a point on the west line of Lot 26 of said Section 29; thence N 00°30'27" E 619.90 feet along the west line of said Lot 26 to the northwest corner of said Lot 26; thence N 90°00'00" W 65.41 feet to a fence post with a pk-nail in the top and accepted as the southwest corner of Lot 20 of said Section 29; thence N 00°34'26" E 2165.03 feet along the accepted west line of Lots 20, 16, and 8 of said Section 29 to a red plastic cap (P.L.S. 27929); thence N 00°32'35" E 431.30 feet to the southwest corner of a parcel of land described in Book 527, Page 951 in the office of the Garfield County Clerk and Recorder; thence along the southerly boundary of said parcel of land described in Book 527, Page 951 S 89°32'20" E 431.36 feet; thence the following two courses along the Southerly boundary of a parcel of land described in Book 872, Page 768 in the office of the Garfield County Clerk and Recorder: 1. thence S 50°51'48" E 497.50 feet; 2. thence S 57°58'21" E 57.39 feet to a point on the Southerly boundary of a parcel of land described in Book 915, Page 112 in the office of the Garfield County Clerk and Recorder; thence S 57°58'21" E 305.00 feet along the Southerly boundary of said parcel of land described in Book 915, Page 112; thence S 33°33'03" E 149.53 feet along the Southwesterly boundary of a parcel of land described in Book 621, Page 219 in the office of the Garfield County Clerk and Recorder; thence S 81°36'23" E 135.95 feet along the Southerly boundaries of parcels of land described in Book 621, Page 219 and Book 965, Page 509 in the office of the Garfield County Clerk and Recorder to a point on the boundary of said parcel of land described in Book 965, Page 509; thence the following three courses along the southeasterly boundary of said parcel described in Book 965, Page 509: 1. thence S 81°42'23" E 302.25 feet; 2. thence N 05°12'20" E 149.94 feet; 3. thence along the arc of a curve to the right having a radius of 55.23 feet, and a central angle of 40°33'24: for a distance along the curve of 39.09 feet; the chord of said curve bears N 25°28'41" E a distance of 38.28 feet to a point on the southerly boundary of a parcel of land described in Book 808, Page 803 in the office of the Garfield County Clerk and Recorder; thence the following three courses along the easterly boundary of said parcel described in Book 808, Page 803: 1. thence S 81°42'37" E 123.19 feet; 2. thence N 21°00'23" W 820.84 feet to a point on the south line of said Section 20 whence the South Quarter Corner of said Section 20 being a stone monument found in place and remonumented with a 2-inch Aluminum Cap (P.E.L.S. 5933) bears N 88°32'13" W 248.98 feet; 3. thence N 21°00'23" W 137.24 feet to a point on the northerly right-of-way of Garfield County Road 115; thence the following two courses along the northerly right-of-way of said County Road 115: 1. thence along the arc of a non-tangent curve to the right having a radius of 5288.82 feet, and a central angle of 02°43'04" for a distance along the curve of 250.87 feet; the chord of said curve bears N 73°59'48" W a distance of 250.84 feet; 2. thence N 72°38'16" W 1244.87 feet to a point on the accepted east line of Lot 4 of said Section 20 whence the southeast corner of a parcel of .land recorded under reception number 467225 in the office of the Garfield County Clerk and Recorder being a red plastic cap (P.L.S. 27613) found in place and accepted as a point on the east line of said Lot 4 bears S 01°51'02" W 9.41 LEGAL US E # 70128665.3 • • • 1 111111 11111 1111111 11 11111111 11 111111111111111111111111 686804 11/21/2005 09:55A B1747 P370 M ALSDORF 9 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO feet; thence N 01°51'02" E 490.79 feet along the accepted east line of said Lot 4 to the northeast corner of said Lot 4 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°18'52" W 1429.59 feet along the north line of said Lot 4 and Lot 3 of said Section 20 to the northwest corner of said Lot 3 whence the Southwest Corner of said Lot 20 being a 2-1/2 inch Aluminum Cap (P.L.S. 27929) found in place bears S 00°06'31" E 1008.11 feet; thence N 00°06'31" W 1630.93 feet along the west line of said Section 20 to the West Quarter Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 00°04'12" E 2632.88 feet along the west line of said Section 20 to the Northwest Corner of said Section 20 being the POINT OF BEGINNING. EXCEPTING THE FOLLOWING FIVE PARCELS: 1) MIDDLE EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in the West Half of Section 29 and Northwest Quarter of Section 28, Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at a point on the easterly line of said Section 29 whence the Northeast Corner of Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°09'28" E 1250.72 feet thence S 01°09'28" W 346.32 feet along the east line of said Section 29 to a point on the northerly line of a parcel of land described in Book 495, Page 596 in the office of the Garfield County Clerk and Recorder, whence the west Quarter Corner of said Section 28 being a 3 inch Aluminum Cap (County Surveyor) bears S 01°09'28" E 987.24 feet; thence S 88°09'03" E 557.11 feet along the northerly line of said parcel of land described in Book 495, Page 596 to a point on the southerly right-of-way line of Garfield County Road 115; thence along the arc of a curve to the left having a radius of 826.12 feet, and a central angle of 17°50'11" for a distance along the curve of 257.17 feet; the chord of said curve bears S64°07'08" E a distance of 256.14 feet along the southerly right-of-way of said County road 115; thence S 73°02'14" E 43.18 feet continuing along the southerly right-of-way line of said County Road 115 to a point in the easterly line of said parcel of land described in Book 495, Page 596; thence S 00°01'52" W 114.31 feet along the easterly boundary of said parcel of land described in Book 495, Page 596 to the southeast corner of said parcel of land described in Book 495, Page 596; thence the following four courses along the Southerly Boundary of said parcel of land described in Book 495, Page 596: 1. thence N 89°58'08" W 327.05 feet; 2. thence S 54°10'41" W 185.54 feet; 3. thence N 42°16'19" W 154.20 feet; 4. thence S 59°30'35" W 216.33 feet to a point on the boundary of a parcel of land described in Book 988, Page 802 in the office of the Garfield County Clerk and Recorder; thence the following six courses around the easterly, northerly, and southerly boundaries of said parcel of land described in Book 988, Page 802: 1. thence S 13°45'40" E 111.74 feet; 2. thence S 89°58'08" E 101.60 feet; 3. thence S 00°01'52" W 69.06 feet; 4. thence S 88°48'28" E 25.57 feet; 5. thence S 00°37'24" E 148.37 feet; 6. thence S 14°45'31" E 57.78; thence S 58°03'40" W 625.36 feet along the southerly boundaries of parcels of land described in Book 988, Page 802 and Book 736, Page 345 in the office of LEGAL US E # 70128665.3 1 111111 11111 IIIIlI 11 11111111 11111 11111 111 111111 11 111 686804 11/21/2005 09:55A B1747 P371 M ALSDORF 10 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO the Garfield County Clerk and Recorder to a point on the southerly boundary of said parcel of land described in Book 736, Page 345; thence along the southerly and westerly boundaries of said parcel of land described in Book 736, Page 345 the five (5) courses: 1. thence N 75°53'28" W 35.87 feet; 2. thence N 66°59'35" W 380.19 feet; 3. thence N 50°53'55" W 27.02 feet; 4. thence N 25°54'08" W 19.09 feet; 5. thence N 05°08'09" W 580.16 feet; to a point on the westerly boundary of a parcel of land described in Book 886, Page 329 in the office of the Garfield County Clerk and Recorder; thence along the westerly and northerly boundaries of said parcel of land described in Book 886, Page 329 the following (3) courses: 1. thence N 05°36'42" W 538.91 feet; 2. thence N 04°18'35" W 374.95 feet; 3. thence N 82°52'22" E 323. 76 feet to a point on the southerly right-of-way line of said Garfield County Road 115; thence along the said right-of-way line the following three (3) courses: 1. thence along the arc of a non -tangent curve to the left having a radius of 993.47 feet, and a central angle of 03°01'08" for a distance along the curve of 52.35 feet; the chord of which bears S 34°41'10" E a distance of 52.34 feet; 2. thence along the arc of a curve to the left having a radius of 480.00 feet, and a central angle of 36°06'40" for a distance along the curve of 302.52feet; the 1chord of said curve bears S 54°15'04 E a distance of 297.54 feet; 13. thence S 72°18'24" E 273.90 feet to the POINT OF BEGINNING. 2) EAST EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in Section 28, Township 6 South, Range 88 West, of the Sixth Principal Meridian being more particularly described as follows: Beginning at the South Quarter Corner of Section 28 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°33'15" W 1084.24 feet along the south line of Section 28 to a point on the westerly boundary of a parcel of land described in Book 938, Page 691 in the office of the Garfield County Clerk and Recorder; whence the Southwest Corner of Section 28 being a 3 -inch County Surveyor Aluminum Cap found in place bears S 88°33'15" E 1495.74 feet; thence N 01°00'28" E 2568.63 feet along the westerly boundary of said parcel of land described in Book 938, Page 691 to a point on the westerly boundary of a parcel of land described in Book 638, Page 941 in the office of the Garfield County Clerk and Recorder; thence N 01°01'12" E 691.65 feet along the westerly boundary of said parcel of land described in Book 638, 941 to a point on the southerly right-of-way line of said Garfield County Road 115; thence along the southerly right-of-way line of said County Road 115 the following seven (7) courses: 1. along the arc of a non -tangent curve to the right having a radius of 594.56 feet, and a central angle of 41°58'28" for a distance along the curve of 435.57 feet; the chord of said curve bears S 43°10'12" E a distance of 425.90 feet; 2. thence S 22°10'58" E 307.62 feet; 3. thence along the arc of a curve to the left having a radius of 1421.75 feet, and a central angle of 15°49'57" for a distance along the curve of 392.87 feet; the chord of said curve bears S 30°05'57" E a distance of 391.63 feet; 4. thence along the arc of a curve to the right having a radius of 370.00 LEGAL_US_E if 70128665.3 • • • 1111111 11111111111111 111111111111111111111111111 1111111 686804 11/21/2005 09:55A B1747 P372 M ALSDORF 11 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO feet, and a central angle of 32°43'14" for a distance along the curve of 211.30 feet; the chord of said curve bears S 21°39'19" E a distance of 208.44 feet; 5. thence along the arc of a curve to the left having a radius of 2437.42 feet, and a central angle of 28°42'24" for a distance along the curve of 1221.22 feet; the chord of said curve bears S 19°38'54" E a distance of 1208.48 feet; 6. thence S 34°00'06" E 1152.91 feet; 7. thence along the arc of a curve to the left having a radius of 430.00 feet, and a central angle of 23°03'17" for a distance along the curve of 173.02 feet; the chord of said curve bears S 45°31'45" E a distance of 171.86 feet to a point on the south line of Section 28; whence the Southeast Corner of Section 28 being a 2-1/2 inch GLO Brass Cap found in place bears S 86°11'17" E 1745.44 feet; thence N 86°11'17" W 829.99 feet along the south line of Section 28 to the POINT OF BEGINNING. 3) GARFIELD COUNTY ROAD 115 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in Sections 20, 29, 28, 33, and 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being a 60 foot wide right-of-way extending thirty feet on each side of the following described centerline for Garfield County Road 115, said centerline being further described as follows: Beginning at a point from whence the Southwest corner of said Section 20 bears S 89°59'26" W a distance of 2853.70 feet, said section corner being a 2-1/2 inch Aluminium Cap found in place; thence along the arc of a curve to the left having a radius of 5318.82 feet, and a central angle of 04°16'52: for a distance along the curve of 397.42 feet; the chord of said curve bears S 77°43'40" E a distance of 397.32 feet; thence S 79°52'05" E 121.04 feet to a point along the section line common to said Sections 20 and 29 from whence the Quarter corner common to said Sections 20 and 29 being a Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears N 88°32'13" W 720.55 feet; thence S 79°52'05" E 331.86 feet; thence along the arc of a curve to the right having a radius of 900.00 feet, and a central angle of 20029'08" for a distance along the curve of 321.79 feet; the chord of said curve bears S 69°37'31: E a distance of 320.08 feet; thence S 59°22'57" E 217.30 feet; thence along the arc of a curve to the right having a radius of 1081.34 feet, and a central angle of 35°38'00" for a distance along the curve of 672.50 feet; the chord of said curve bears S 41°33'57" E a distance of 661.72 feet; thence S 23°44'57" E 73.66 feet; thence along the arc of a curve to the left having a radius of 963.47 feet, and a central angle of 12°26'47" for a distance along the curve of 279.29 feet; the chord of said curve bears S 29°58'21" E a distance of 208.38 feet; LEGAL_US_E # 70128665.3 1111111 1111111 !11111111111111111111111111111111111 686804 11/21/2005 09:55R B1747 P373 M RLSDORF 12 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO thence along the arc of a curve to the left having radius of 450.00 feet, and a central angle of 36°06'40" for a distance along the curve of 283.62 feet; the chord of said curve bears S 54°15'04" E a distance of 278.95 feet; thence S 72°18'24: E 264.99 feet to a point along the section line common to said Sections 28 and 29 from whence the Northeast corner of said Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°09'28" E 1219.42 feet; thence S 72°18'24" E 167.61 feet; thence along the arc of a curve to the right having a radius of 377.41 feet, and a central angle of 25°33'14" for a distance along the curve of 168.32 feet; the chord of said curve bears S 59°31'47" E a distance of 166.93 feet; thence S 46°45'10" E 235.64 feet; thence along the arc of a curve to the left having a radius of 796.12 feet, and a central angle of 26°17'03" for a distance along the curve of 365.22 feet; the chord of said curve bears S 59°53'42" E a distance of 362.02 feet; thence S 73°02'14" E 636.67 feet; thence along the arc of a curve to the right having a radius of 624.56 feet, and a central angle 50°51'15" for a distance along the curve of 554.35 feet; the chord of said curve bears S 47°36'36" E a distance of 536.33 feet; thence S 22°10'58" E 307.62 feet; thence along the arc of a curve to the left having a radius of 1391.75 feet, and a central angle of 15°49'57" for a distance along the curve of 384.58 feet, the chord of said curve bears S 30'05'57" E a distance of 383.36 feet; thence along the arc of a curve to the right having a radius of 400.00 feet, and a central angle of 32°43'14" for a distance along the curve of 228.43 feet; the chord of said curve bears S 21°39'19" E a distance of 225.34 feet; thence along the arc of a curve to the left having a radius of 2407.42 feet, and a central angle of 28°42'24" for a distance along the curve of 1206.18 feet; the chord of said curve bears S 19°38'54" E a distance of 1193.61 feet; thence S 34°00'06" E 1152.91 feet; thence along the arc of a curve to the left having a radius of 400.00 feet, and a central angle of 25°53'11" for a distance along the curve of 180.72 feet; the chord of said curve bears S 46°56'42" E a distance of 179.19 feet; thence S 59°53'17" E 38.40 feet to a point along the section line common to said Sections 28 and 33 from whence the Quarter corner common to said Sections 28 and 33 being A Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears N 86°11'17" W 896.52 feet; thence S 59°53'17" E 421.00 feet; thence along the arc of a curve to the right having a radius of 779.79 feet, and a central angle of 35°42'49" for a distance along the curve of 486.06 feet; the chord of said curve bears S 42°01'52" E a distance of 478.23 feet; LEGAL US E # 70128665.3 • • • 1111111111111111111111111111111111111111111111111111111 686804 11/21/2005 09:55A 81747 P374 M ALSDORF 13 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO thence S 24°10'27" E 644.62 feet; thence along the arc of a curve to the right having a radius of 882.82 feet, and a central angle of 26°58'38" for a distance along the curve of 415.67 feet; the chord of said curve bears S 10°41'09" E a distance of 411.84 feet; thence S 02°48'10" W 238.01 feet; thence along the arc of a curve to the left having a radius of 729.53 feet, and a central angle of 37°41'54" for a distance along the curve of 480.00 feet; the chord of said curve bears S 16°02'47" E a distance of 471.39 feet; thence along the arc of a curve to the left having a radius of 200.00 feet, and a central angle of 53°37'43" for a distance along the curve of 187.20 feet; the chord of said curve bears S 61°42'35" E a distance of 180.44 feet; thence along the arc of a curve to the left having a radius of 2171.07 feet, and a central angle of 08°19'31" for a distance along the curve of 315.47 feet; the chord of said curve bears N 87°18'48" E a distance of 315.19 feet to a point along the section line common to said Sections 33 and 34 from whence the Northeast corner of said Section 33 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°30'32" E 2209.86 feet; thence along the arc of a curve to the left having a radius of 2171.07 feet, and a central angle of 15°20'11" for a distance along the curve of 581.13 feet; the chord of said curve bears N 75°28'57" E a distance of 579.40 feet; thence along the arc of a curve to the right having a radius of 280.00 feet, and a central angle of 55°26'50" for a distance along the curve of 270.97 feet; the chord of said curve bears S 84°27'44" E a distance of 260.52 feet; thence S 56°44'19" E 393.81 feet; thence along the arc of a curve to the left having a radius of 669.07 feet, and a central angle of 21°39'21" for a distance along the curve of 252.89 feet; the chord of said curve bears S 67°34'00" E a distance of 251.38 feet from whence the said Northeast corner of Section 33 bears N 28°52'13" W 2741.66 feet; Such parcel being a 60 foot right-of-way (30 feet on each side of the above described centerline). The right-of-way lines of said right-of-way shall be prolonged or shortened to begin and end on and conform to the property boundary lines. 4) GARFIELD COUNTY ROAD 114 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in the Northeast Quarter of Section 33, Township 6 South, Range 88 West, of. the Sixth Principal Meridian, said parcel being the right-of-way for Garfield County Road 114 and the intersection of Garfield County Road 114 with Garfield County Road 115, said parcel being further described as follows: Beginning at a point on the southern line of the Northeast Quarter of said Section 33 whence the East Quarter Corner of said Section 33 being a Stone LEGAL_US_E # 70128665.3 111111111111111111111111111111111111111 111111111 111 1111 686804 11/21/2005 09:55A 81747 P375 M ALSOORF 14 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO Monument found in place and remonumented with a 2 -inch Aluminum Cap bears S 88°27'45" E 551.40 feet said point also being a point on the easterly right-of-way of Garfield County Road 114; thence N 88°27'45" W 77.11 feet along said southern line of the Northeast Quarter to a point on the westerly boundary of said County Road 114, whence the Center Quarter for said Section 33 being a 2-1/2 inch Aluminum Cap found in place bears N 88°27'45" W 1883.48; thence the following two courses along the westerly right-of-way of said County Road 114: 1. N 40°27'03" E 99 05 feet; 2. thence along the arc of a curve to the left having a radius of 270.00 feet, and a central angle of 69°20'35" for a distance along the curve of 326.77 feet; the chord of said curve bears N 05°46'46" E a distance of 307.19 feet to a point on the southerly right-of-way of Garfield County Road 115; thence the following three courses along the southern right-of-way of County Road 115: 1. along the arc of a non -tangent curve to the left having a radius of 759.53 feet, and a central angle of 06°00'12" for a distance along the curve of 79.58 feet; the chord of said curve bears S 31°53'38" E a distance of 79.55 feet; 2. thence along the arc of a curve to the left having a radius of 230.00 feet, and a central angle of 53°37'43" for a distance along the curve of 215.28 feet; the chord of said curve bears S 61°42'35" E a distance of 207.51 feet; 3. thence along the arc of a curve to the left having a radius of 2201.07 feet, and a central angle of 03°41'58" for a distance along the curve of 142.12 feet; the chord of said curve bears N 89°37'34" E a distance of 142.09 feet to a point on the easterly right-of-way of Garfield County Road 114; thence the following two courses along the easterly right-of-way of County Road 114: 1. along the arc of a non -tangent curve to the left having a radius of 470.00 feet, and a central angle of 47°19'32" for a distance along the curve of 388.21 feet; the chord of said curve bears S 64°06'49" W a distance of 377.27 feet; 2. thence S 40°27'03" W 70.18 feet to the point of beginning. The right-of-way lines of said right-of-way shall be prolonged or shortened to begin and end on and conform to the property boundary lines. 5) A one-tenth (1/10) undivided interest in the "Metro District Director's Parcel", a parcel of Land within Section 33, Township 6 South, Range 88 West of the 6th Principal Meridian and being further described as: Commencing at the true point of beginning, whence the Center of Section 33, being a 2 -1/2 -inch aluminum cap, bears N 88°27'45" W a distance of 123.09 feet; thence N 00°00'00" E a distance of 1398.31 feet; thence S 90°00'00" E a distance of 942.50 feet; thence S 00°04'09" E a distance of 680.56 feet; thence S 34°36'11" E a distance of 919.80 feet to a point on the south line of the southeast quarter of the northeast quarter of said Section 33; thence N 88°27'45" W a distance of 333.30 feet along the said south line to the center east sixteenth corner of said Section 33 being a 2 -1/2 -inch LEGAL US E # 70128665.3 1111111 11111 1111111 11 111111 1E1 !EIII IIf1111111111 686804 11/21/2005 09:55A 81747 P376 M ALSDORF 15 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO • aluminum cap; thence N 88°27'45" W a distance of 1132.90 feet along the south line of the southwest quarter of the northeast quarter of said Section 33 to the point of beginning COUNTY OF GARFIELD STATE OF COLORADO Spring Valley Holding USA, Ltd. parcel: A PARCEL OF LAND LOCATED IN SECTIONS 14, 15, 22, 23, 26 AND 27, TOWNSHIP 6 SOUTH, RANGE 88 WEST, SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26 BEING A 2-1/2 INCH UNITED STATES GENERAL LAND OFFICE (GLO) BRASS CAP FOUND IN PLACE WHENCE THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 88 WEST, SIXTH PRINCIPAL MERIDIAN BEARS N 55°02'21" W A DISTANCE OF 19,017.18 FEET; THENCE N 89°14'59" W 598.59 FEET ALONG THE SOUTH LINE OF SAID SECTION 27; THENCE N 00°45'01" E A DISTANCE OF 425.99 FEET; THENCE N 08°45'36" W A DISTANCE OF 1546.11 FEET; THENCE N 25°57'07" W A DISTANCE OF 1863.71 FEET; THENCE N 57°12'11" W A DISTANCE OF 1507.60 FEET; THENCE N 33°43'34" W A DISTANCE OF 2585.68 FEET; THENCE N 67°46'01" E A DISTANCE OF 2056.57 FEET; THENCE N 49°17'33" E A DISTANCE OF 440.21 FEET; THENCE N 61°02'11" E A DISTANCE OF 1510.00 FEET; THENCE N 34°57'59" W A DISTANCE OF 1160.00 FEET; THENCE S 55°19'58" W A DISTANCE OF 662.28 FEET; THENCE N 32°36'07" W A DISTANCE OF 720.00 FEET; THENCE N 52°00'40" E A DISTANCE OF 570.00 FEET; THENCE N 04°18'14" E A DISTANCE OF 1705.77 FEET; THENCE N 59°25'06" W A DISTANCE OF 380.00 FEET; THENCE N 44°04'32" W A DISTANCE OF 720.00 FEET; THENCE S 60°11'19" W A DISTANCE OF 1740.00 FEET; THENCE N 00°00'00" E A DISTANCE OF 700.00 FEET TO A POINT ON THE SOUTH LINE OF THE NW1/4SW1/4 OF SAID SECTION 15; THENCE N 89°58'25" E A DISTANCE OF 470.00 FEET; ALONG THE SOUTH LINE OF THE NW1/4SW1/4 OF SAID SECTION 15 TO THE SOUTHEAST CORNER OF THE NW1/4SW1/4; THENCE N 00°01'49" W A DISTANCE OF 1039.21 FEET; ALONG THE EAST LINE OF THE NW1/4SW1/4 OF SAID SECTION 15; THENCE N 89°58'11" E A DISTANCE OF 1158.63 FEET; THENCE N 00°00'00" E A DISTANCE OF 150.00 FEET; THENCE S 90°00'00" E A DISTANCE OF 1440.00 FEET; THENCE S 00°00'00" W A DISTANCE OF 940.00 FEET; THENCE S 90°00'00" E A DISTANCE OF 1360.33 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 15; THENCE S 00°04'13" E A DISTANCE OF 370.03 FEET ALONG THE EAST LINE OF SAID SECTION 15; THENCE N 89°58'41" E A DISTANCE OF 1319.22 FEET TO A POINT ON THE EAST LINE OF THE W1/2SW1/4 OF SAID SECTION 14; THENCE S 00°01'19" E 980.00 FEET ALONG THE EAST LINE OF THE W1/2SW1/4 OF SAID LEGAL US_E # 70128665.3 11111111111111111111111111111I11I111111111111111BEI 686804 11/21/2005 09:55A 61747 P377 M ALSDORF 16 of 16 R 81.00 D 2500.00 GARFIELD COUNTY CO SECTION 14 TO THE SOUTHEAST CORNER OF THE W1/2SW1/4 OF SAID SECTION 14; THENCE S 89°59'40" E 1318.39 FEET ALONG THE NORTH LINE OF SAID SECTION 23 TO THE NORTH QUARTER CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 00°05'23" E 5277.46 FEET ALONG THE EAST LINE OF W1/2 OF SAID SECTION 23 TO THE SOUTH QUARTER CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 00°00'49" W 5529.94 FEET ALONG THE EAST LINE OF THE W1/2 OF SAID SECTION 26 TO THE SOUTH QUARTER CORNER OF SAID SECTION 26 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 84°59'30" W 31.37 FEET ALONG THE SOUTH LINE OF SAID SECTICN 26 TO THE NORTH QUARTER CORNER OF SECTION 35, T. 6 S., R. 88 W., 6TH P.M., BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 84°41'15" W 1292.34 FEET ALONG THE SOUTH LINE OF SAID SECTION 26 TO THE SOUTHEAST CORNER OF GLO LOT 14 OF SAID SECTION 26; THENCE N 00°21'37" E 372.49 FEET ALONG THE EAST LINE OF SAID LOT 14, TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE N 89°53'31" W 1611.72 FEET ALONG THE NORTH LINE OF SAID LOT 14 TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE S 00°00'14" W 525.17 FEET ALONG THE WEST LINE OF SAID LOT 14 TO THE SOUTHWEST CORNER OF SAID SECTION 26, BEING THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO LEGAL_US_E 1/ 70128665.3 • Exhibit C • • • EXHIBIT C Spring Valley Ranch PUD Water Rights Decrees 1. Kendall & Stricklett Ditch, decreed in C.A. 304 for 0.1 c.f.s. on April 18, 1890, with a priority date of May 15, 1882. 2. Landis No. 1 Ditch, decreed in C.A. 304 for 1.6 c.f.s. on April 18, 1890, with a priority date of June 1, 1882. 3. Landis No. 2 Ditch, decreed in C.A. 304 for 1.6 c.f.s on April 18, 1890, with a priority date of June 1, 1882. 4. O.K. Ditch, decreed in C.A. 304 for 1.2 c.f.s on April 18, 1890, with a priority date of May 15, 1884. 5. Forker & Gibson Ditch, decreed in C.A. 304 for 5.5 c.f.s on April 18, 1890, with a priority date of April 30, 1885. 6. Frank Chapman Ditch, decreed in C.A. 304 for 2 c.f.s on April 18, 1890, with a priority date of April 25, 1886. 7. Case No. 81CW193, October 4, 1982, which decreed a change in point of diversion for the Kendall & Stricklett Ditch, Landis Ditches 1 & 2, O.K. Ditch, Forker & Gibson Ditch, and Frank Chapman Ditch to a consolidated point of diversion on Landis Creek, for the irrigation of up to 300 acres. 8. Hopkins Reservoir, decreed for 119.6 acre-feet on April 30, 1910, with a priority date of May 18, 1909. 9. Hopkins Spring No. 1, decreed in W-3121 for 0.0614 c.f.s. on May 19, 1978, with a • priority date of June 30, 1900. 10. Hopkins Spring No. 2, decreed in W-3122 for 0.0924 c.f.s. on November 7, 1977, with a priority date of June 30, 1900. 11. Spring Valley Well No. 1, decreed in W-3298 for 0.67 c.f.s. on May 19, 1978, with a priority date of December 7, 1976. 12. Spring Valley Ranch Well No. 2, decreed in W-3549 for 0.033 c.f.s. on May 18, 1978, with a priority date of December 31, 1941. 13. Spring Valley Ranch Well No. 3, decreed in W-3702 for 0.088 c.f.s. on October 17, 1978, with a priority date of November 17, 1977. 14. Hopkins Ditch, decreed in W -3298-A for 3.00 c.f.s. on September 20, 1977, with a priority date of December 31, 1940. 15. SVH Well No. 5, decreed in 82CW390 for 300 g.p.m. on, with a priority date of December 15, 1982. 16. SVH Well No. 6, decreed in 82CW391 for 300 g.p.m. on October 7, 1985, with a priority date of December 15, 1982. 17. SVH Well No. 7, decreed in 82CW392 for 300 g.p.m. on October 7, 1985, with a priority date of December 15, 1982. 18. SVH Well No. 8, decreed in 82CW393 for 300 g.p.m. on October 7, 1985, with a priority date of December 15, 1982. 19. SVH Well No. 9, decreed in 82CW394 for 300 g.p.m. on October 7, 1985, with a priority date of December 15, 1982. 20. SVH Well No. 10, decreed in 82CW395 for 300 g.p.m. on October 7, 1985, with a • priority date of December 15, 1982. 10 21. Case No. 84CW212, which decreed alternate points of diversion for 6.0 c.f.s. of the Basalt Conduit water right as decreed in C.A. 4613 on June 20, 1958, for 450 c.f.s. with a priority date of July 29, 1957. The alternate points of diversion are at the Hopkins Spring Nos. 1 and 2, Spring Valley Well No. 1, Spring Valley Ranch Well Nos. 2 and 3, and SVH Well Nos. 5-10. (See description of Case No. 98CW255, below) 22. Case No. 87CW155, July 7, 1989, which decreed a plan for augmentation for water service for up to 2642 residential units, and 150 acres of irrigation, for a total annual water requirement of 1371 acre-feet and a total annual consumptive use of 453.6 acre- feet. This augmentation plan contemplates water service to the Spring Valley Ranch from the following water rights: Hopkins Spring No. 1, Hopkins Spring No. 2, Spring Valley Well No. 1, Spring Valley Ranch Well Nos. 2-3, SVH Well Nos. 5-10. 23. Case No. 98CW255, Water Division No. 5, which amended the decree in Case No. 84CW212 to include the ASR Well No. 13-16, together with up to 20 Additional Wells that could be developed on the Spring Valley Ranch PUD, as additional alternate points of diversion for the Basalt Conduit water right. 24. Spring Valley Well No. 1 (300 g.p.m.), Spring Valley Ranch Well Nos. 2 and 3 (300 g.p.m.), SVH Well Nos. 5-10 (100 g.p.m.), ASR Well Nos. 13-16 (150 g.p.m. for 13-15 and 100 g.p.m. for 16), and 20 Additional Wells (100-300 g.p.m.), decreed in Case No. 98CW256, Water Division No. 5, for the uses described in the augmentation plan decreed in 98CW254. 25. ASR Ditch No. 1, decreed for 1 c.f.s. in Case No. 98CW256, Water Division No. 5, on October 30, 2002 with a priority date of December 14, 1998. 26. ASR Reservoir Nos. 1-3, decreed for 15, 30 and 20 acre-feet respectively in Case No. 98CW257, Water Division No. 5, with a priority date of December 14, 1998. 27. Case No. 98CW254, December 9, 2002, which decreed a plan for augmentation for water service for up to 695 EQR, 24 acres of pond surface area, and 420 acres of irrigation in conjunction with the augmentation plan in 87CW155, for a total annual water requirement of 1457 acre-feet and a total annual consumptive use of 974 acre- feet, up to a total augmentation requirement of 420 acre-feet per year. This augmentation plan contemplates water service to the Spring Valley Ranch from the following water rights: Hopkins Spring No. 1, Hopkins Spring No. 2, Spring Valley Well No. 1, Spring Valley Ranch Well Nos. 2-3, SVH Well Nos. 5-10, ASR Well Nos. 13-16, and up to 20 Additional Wells to be located anywhere on the Spring Valley Ranch PUD. 28. Water Allotment Contract with the Basalt Water Conservancy District, dated December 20, 1984, allotting 180 acre feet of water. 29. Water Allotment Contract with the Basalt Water Conservancy District, dated November 9, 1998, allotting 240 acre feet of water. 11 • • • • Exhibit D • • VIII 11111 111111 111111 BHT" 111 111111111111 818498 12/11/2002 04:41P 81411 P2539 M ALSDORF 1 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO DISTRICT COURT, WATER DIVISION 5, COLORADO Court Address: Garfield County Courthouse 109 8`h Street, Suite 104 Glenwood Springs, CO 81601 • ♦ COURT USE ONLY ♦- CONCERNING THE APPLICATION FOR WATER RIGHTS OF SPRING VALLEY DEVELOPMENT, INC. IN GARFIELD COUNTY Case Number: 98CW256 Attorney or Party Without Attorney: Name: Anne J. Castle Address: 555 17th Street, Suite 3200 P.O. Box 8749 Denver, CO 80202 Phone Number: (303) 295-8000 Fax Number: (303) 295-8261 COMB;yED COVE •F„G RFI. GLENWOODAPRINC!y,' ? ��� Certified to be ., . I, tre d corr original in my.cus;ody. _o. Dated_— �' - AMr u13-.I•FOR• to f3 r •silo Y E-mail: acastle@hollandhart.com , • • Atty. Reg.#: 11202 FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT AND DECREI: 6 ADONTY gegpy of the _Clerk Deputy On December 29, 1998, Applicant Spring Valley Development, Inc. ("SVD”) filed the Application in this matter seeking confirmation of underground and surface water rights. In accordance with C.R.S. § 37-92-203(7), the Application was referred to the Water Referee for Water Division No. 5. By Motion filed on June 30, 1999, Applicant sought approval to amend the Application. By Order dated June 30, 1999, the Applicant's Motion to Amend Application was granted, and the First Amended Application for Amendment of Decree was accepted for filing (the "Amended Application"). The Water Court has made such investigations as are necessary to determine whether the statements in the Amended Application are true, is otherwise fully advised in this matter, and hereby makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. The Statements in the Amended Application are true. 2. The name, address and telephone number of Applicant is: ci -5 4.5 111111'111111111111111111111111111111111111111 I1111111 616498 12/11/2002 04:41P B141E 280 M ALSDORF 2 of 21 R 106.00 0 0.00 GARFIELD COUNTY CO Application Ot ,pring Valley Development Case No. 98CW256 Spring Valley Development, Inc. 411 E. Main Street, Suite 205 Aspen, CO 81611 970-920-9I03 3. Statements of Opposition were filed by the Colorado Mountain Junior College District, Berkeley Family Limited Partnership, and Los Amigos Ranch Partnership. A Motion to Intervene was filed on October 28, 1999 by Peter and Jackie Cabrina, Marvin L. and Sara L. Claridge, Louis M. and Donnalyne LaGiglia, Troy and Beck Land, Carol Rothrock, and Stanislaw and Gretchen Wroblewski. The motion was granted by Order dated November 17, 1999. A Motion to Intervene was filed on November 30, 1999 by James Austin, Lois Veltus, Robert and Ann Arrington, and Patty Fredick. The motion was granted by Order dated August 9, 2000. No other Statements of Opposition have been filed in this matter and the time for filing such statements has expired. Each of the objectors has stipulated to the entry of a proposed ruling or decree in this matter that is consistent with the decree entered herein. 4. The conditional underground and surface water rights sought in the Amended Application, along with conditional water storage rights (which are the subject of Case No. 98CW257), changes of water rights (Case No. 98CW255), and augmentation plan including exchange (Case No. 98CW254), are intended by Applicant to form an integrated water supply system to serve the Spring Valley Ranch P.U.D. property (the "Property"), and related development at that location. The legal description for the Property is attached hereto as Exhibit A. 5. The Amended Application seeks confirmation of the following underground water rights. a. Name of wells and permit, registration or denial numbers: 1. Spring Valley Well No. 1 (Well Permit No. 51362-F) 2. Spring Valley Ranch Well No. 2 (Well Permit No. 51363-F) 3. Spring Valley Ranch Well No. 3 (Well Permit No. 52185-F) 4. SVH Well No. 5 (Well Permit No. 51364-F) 5. SVH Well No. 6 (Well Permit No. 51365-F) 6. SVH Well No. 7 (Well Permit No. 51366-F) 7. SVH Well No. 8 (Well Permit No. 51367-F) 8. SVH Well No. 9 (Well Permit No. 51368-F) 2 • • • 11111111111111111111111111111111111!''4I1111111111111 616498 12/11/2002 04:41P B1416 P461 M ALSDORF 3 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO Application Of .,pring Valley Development Case No. 98CW256 9. SVH Well No. 10 (Well Permit No. 51369-F) 10. ASR Well No. 13* 11. ASR Well No. 14* 12. ASR Well No. 15* 13. ASR Well No. 16* 14. "Additional Wells" as described below, pursuant to Policy Memorandum 99-1 of the Colorado State Engineer's Office concerning Location of Conditional Ground Water Rights (Water Wells) in a Proposed Subdivision Within a Pending Plan for Augmentation ("SEO Policy"). The Additional Wells shall be denominated "SVR Well Nos. 17 through 36." * Well permit applications for these wells were submitted to the Colorado State Engineer's Office on June 18, 1999 (Receipt Nos. 447144-A, -B, -C, -D, and -E). The applications were returned by the State pending approval of the plan for augmentation proposed by Applicant in Case No. 98CW254. b. Legal description of wells: 1. Spring Valley Well No. 1 is located in the SW1/4NE1/4 of Section 29, T6S, R88W of the 6th P.M. at a point whence the Northeast Corner of said Section 29 bears N45°00'E 2,800 feet. 2. Spring Valley Ranch Well No. 2 is located in the SW'/4NE1/4 of Section 29, T6S, R88W of the 6th P.M. at a point whence the Northeast Corner of said Section 29 bears N51°30'E 2,050 feet. 3. Spring Valley Ranch Well No. 3 is located in the SE'/4NW'/4 of Section 29, T6S, R88W of the 6th P.M. at a point whence the NW Corner of Section 29 bears N54°01'16"W 3005.98 feet. 4. SVH Well No. 5 is located in the SW1/4NE1/4 of Section 29, T6S, R88W of the 6th P.M. at a point 1,600 feet South of the North line and 1,500 feet West of the East line of said Section 29. 3 1 1111 11 11111 1 11 1 1 1 111111 1 1 1 111111 II II'' ''11111111111111 816498 12/11/2002 04:41P 81418 P282 M ALSDORF 4 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO Application Of opring Valley Development Case No. 98CW256 5. SVH Well No. 6 is Iocated in the SW'/4NE1/4 of Section 29, T6S, R88W of the 6th P.M. at a point 2,200 feet South of the North line and 2,400 feet West of the East line of said Section 29. 6. SVH Well No. 7 is located in the NE1/4NE1/4 of Section 29, T6S, R88W of the 6th P.M. at a point 800 feet South of the North line and 1,200 feet West of the East line of said Section 29. 7. SVH Well No. 8 is located in the NW'/4NW1/4 of Section 27, T6S, R88W of the 6th P.M. at a point 800 feet South of the North line and 700 feet East of the West line of said Section 27. 8. SVH Well No. 9 is located in the NW'/4NW1/4 of Section 27, T6S, R88W of the 6th P.M. at a point 1,100 feet South of the North line and 1,050 feet East of the West line of said Section 27. 9. SVH Well No. 10 is Iocated in the SE'/<NW'/< of Section 27, T6S, R88W of the 6th P.M. at a point 1,600 feet South of the North line and 1,550 feet East of the West line of said Section 27. 10. ASR Well No. 13 is located in the NE1/4SE1/4 of Section 21, T6S, R88W of the 6th P.M. at a point 2,105 feet North of the South line and 500 feet West of the East line of said Section 21. ASR Well No. 14 is located in the SW1/4SW1/4 of Section 22, T6S, R88W of the 6th P.M. at a point 1,150 feet North of the South line and 670 feet East of the West line of said Section 22. 12. ASR Well No. 15 is located in the SW'/4NE'V4 of Section 27, T6S, R88W of the 6th P.M. at a point 1,865 feet South of the North line and 2,220 feet East of the West line of said Section 27. 13. ASR Well No. 16 is located in the NE'/4NE1/4 of Section 21, T6S, R88W of the 6th P.M. at a point 1,100 feet South of the North line and 1,200 feet West of the East line of said Section 21. 4 • • 111111111111111111111111111111111111�'` 1111 III II 11111111 616498 12/11/2002 04:41P B1416 P253 11 ALSDORF • 5 of 21 R 106.00 0 0.00 GARFIELD COUNTY CO • Application Of spring Valley Development Case No. 98CW256 14. lip to 20 additional wells (the "Additional Wells") to be located on the Property, SVR Well Nos. 17 through 36. As identified on Exhibit A, the Property includes all or portions of sections 14, 15, 16, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33 and 34, T6S, R88W of the 6th P.M. The precise locations for the Additional Wells have not yet been identified, however, no Additional Wells will be located in the portion of the Property that is tributary to Cattle Creek. A map showing the location of the area in which Additional Wells may be located is attached hereto as Exhibit B. c. For all wells: 1. Source: Spring Valley aquifer, tributary to the Roaring Fork River, for Spring Valley Well No. 1 and Spring Valley Ranch Well Nos. 2 and 3. Basalt and Maroon formations, tributary to Spring Valley aquifer, tributary to the Roaring Fork River, for SVH Well Nos. 5 - 10 and ASR Well Nos. 13 - 16. The source for all Additional Wells, SVR Well Nos. 17 — 36, shall be the Spring Valley Aquifer, or aquifers tributary thereto. 2. Depth: Spring Valley Well No. 1: 185 feet Spring Valley Ranch Well No. 2: 300 feet Spring Valley Ranch Well No. 3: 300 feet SVH Well Nos. 5-10: 350 feet ASR Well Nos. 13-16: 400 feet Additional Wells, SVR Well Nos. 17-36: 300-450 feet (est.) d. Appropriation Dates: December 14, 1998 e. Amounts: Spring Valley Well No. 1: 300 gpm conditional Spring Valley Ranch Well No. 2: 300 gpm conditional Spring Valley Ranch Well No. 3: 300 gpm conditional SVH Well Nos. 5-10: 100 gpm conditional ASR Well Nos. 13-15: 150 gpm conditional 5 164981111Ill III IIIIlI (11111111111111 " 111311111111 6i21iR/i 6?0000 04:41P 13/416 ,4 ALSDORF0 6 of.00 GARFIELD COUNTY CO Application Of opring Valley Development Case No. 98CW256 ASR Well No. 16: 100 gpm conditional 100 to Additional Wells, SVR Well Nos. 17 - 36 (individually): 300 gpm (est.) conditional f. Uses: Domestic, livestock, commercial, recreation, aesthetic, fish and wildlife, irrigation of lawns and gardens, shrubs, trees, and golf course and open space property, and fire protection associated with the Spring Valley Ranch water supply system. A detailed description of the uses intended for the water withdrawn from the subject wells is described in detail in the decree in Case No. 98CW254. Name and address of owner of land on which points of diversion and places of use are located: 1. Points of diversion: Applicant 2. Places of Use: (1) Applicant; and (2) Spring Valley Holding USA, Ltd., 177 Main Street, New London, NH 03257 6. Each of the underground water rights described above is included among the sources to be augmented in the plan for augmentation, including exchange, for which Applicant is seeking approval in Case No. 98CW254, Water Division No. 5. Spring Valley Well No. 1, Spring Valley Ranch Well Nos. 2 and 3, and SVH Well Nos. 5-10 are already included in the augmentation plan approved in Case No. 87CW155 by decree dated December 10, 1992. 7. The water rights sought by the Applicant for the Additional Wells, SVR Well Nos. 17-36, are consistent with the SEO Policy. 8. The wells described herein are the subject of decree dated March 28, 2002 in Case No. 98CW255, allowing the subject wells to be operated as alternative points of diversion for the water right associated with the Basalt Conduit. The subject wells will be operated in priority as follows: (1) under their own priorities as determined by the decree entered in this Case No. 98CW256; (2) as alternate points of diversion for the Basalt Conduit under its 1957 priority as allowed pursuant to the decree in Case No. 98CW255; or (3) when neither of the foregoing water rights are in priority, under the augmentation plan decreed in Case Nos. 87CW155 and 98CW254. The priority under which the subject wells are operating shall be determined in accordance with the delayed depletion methodology set forth in the decree dated December 10, 1992 in Case No. 87CW155. The decree in Case No. 98CW254 includes an accounting form for recording the operation in priority of the subject wells. g. 6 • 11111111111111111111111I1111111111111"111111111111111 618498 12/11/2002 04:41P B1416 35 M ALSDORF 7 of 21 R 106.00 0 0.00 GARFIELD COUNTY CO Application .Of opring Valley Development Case No. 98CW256 9. The Amended Application also seeks confirmation of the following surface water right. a. Name of structure: ASR Ditch No. 1 b. Legal description of point of diversion: The headgate for ASR Ditch No. 1 is located in the NW'/4SW1/4 of Section 21, T6S, R88W of the 6`h P.M. at a point 1,280 feet North of the South line and 780 feet East of the West line of said Section 21. c. Source: Landis Creek, tributary to the Roaring Fork River. d. Appropriation Date: December 14,' 1998 e. Amount: 1 cfs conditional f. Uses: Domestic, livestock, commercial, recreation, aesthetic, fish and wildlife, irrigation of lawns and gardens, shrubs, trees, and golf course and open space property, and fire protection associated with the Spring Valley Ranch water supply system. Name and address of owner of land on which point of diversion and places of use are located: 1. Point of diversion: Applicant 2. Places of Use: (1) Applicant; and (2) Spring Valley Holding USA, Ltd., 177 Main Street, New London, NH 03257. CONCLUSIONS OF LAW 10. A portion of the water supply produced by the conditional underground and surface water rights described herein will be used to supply residential and commercial development on the Property served by a central wastewater treatment system. Applicant intends to use treated effluent produced by the wastewater treatment system for irrigation on the Property, pursuant to applicable statutory and regulatory requirements. Applicant, therefore, claims the right to reuse water produced by the subject water rights under their own priorities, subject to proof of Applicant's maintenance of dominion and control over such water. g. 11. There is unappropriated water available for appropriation by the underground and surface water rights requested in the Amended Application. 12. Pursuant to C.R.S. § 37-92-305(9)(b), the waters associated with the water storage right requested in the Application can and will be diverted and stored, and will 7 1111111111111111111111111111111111111"'111111111111111 616498 12/11/2002 04:41P 81416 . .06 M ALSDORF Application Of opring Valley Development Case No. 98CW256 8 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO be beneficially used, and the Spring Valley Ranch water supply system can and will be completed with diligence, all within a reasonable time. 13. The Amended Application is complete, and covers all applicable matters required under C.R.S. § 37-92-302. 14. Timely and adequate notice of the Amended Application was given as required by law. 15. The Court has exclusive jurisdiction over the subject matter of this action pursuant to C.R.S. § 37-92-203, and over all persons who may be affected thereby, whether or not they have appeared. 16. The Amended Application is contemplated by law and the Court has authority to confirm the water rights requested in the Amended Application. JUDGMENT AND DECREE It is HEREBY ORDERED, ADJUDGED and DECREED; 17. The Findings of Fact and Conclusions of Law set forth above are incorporated by this reference. 18. The Amended Application herein is granted and the conditional underground and surface water rights claimed are confirmed. 19. The conditional underground and surface water rights approved herein, along with water storage rights (which are the subject of Case No. 98CW257), changes of water rights (Case No. 98CW255), augmentation plan, and rights of exchange (Case No. 98CW254), form an integrated water supply system to serve the Property, and related development at that location. Diligence with respect to one component of the integrated water supply system for the Property shall be deemed to constitute diligence with respect to the entirety of the system. 20. Pursuant to Colo. Rev. Stat. §37-92-305(8), the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. During periods of curtailment of water rights in the vicinity of the Property, the water rights which are the subject of this ruling will be operated pursuant to the terms and conditions of the decrees in Case No. 98CW254 and 98CW255. 21. The Additional Wells described above in paragraph 5.b.14 above shall only be developed pursuant to an appropriate permit issued by the State Engineer's Office. The Additional Wells shall not divert water from any source other than the Spring Valley aquifer, or an aquifer tributary thereto. 8 • • • 1111111111111311111 III 1111111T111111111111111 616498 12/11/2002 04:41P 81416 r267 M ALSDORF 9 of 21 R 108.00 D 0.00 GARFIELD COUNTY CO Application Ot .,pring Valley Development Case No. 98CW256 22. None of the Additional Wells shall be located closer than 600 feet from any permitted well owned by a third -party outside the boundary of the Spring Valley Ranch P.U.D. property, unless such party consents in writing. 23. At such time as Applicant is ready to construct the wells described herein, Applicant shall apply to the State Engineer's Office for the issuance of a well permit. Such permit shall be issued pursuant to Colo. Rev. Stat. §37-90-137(2), in accordance with the terms and conditions of the decree in this action. 24. Within 60 days of completion of construction of each of the Additional Wells pursuant to an appropriate well permit, SVD shall notify both the Court and the State Engineer's Office of the location of the well. • It is accordingly ORDERED that a copy of this Decree shall be filed with the Water Clerk subject to judicial review. It is further ORDERED that a copy of this ruling shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. It is further ORDERED that THE MONTH FOR FILING AN APPLICATION FOR A FINDING OF REASONABLE DILIGENCE FO H3 CONDITIONAL WATER RIGHTS DESCRIBED HEREIN SHALL BE2008. Dated: 23I9058_5.DOC Copy of the forego mailed to all Counsel of record—Water/ S , Div.ee State Engineer —Date %•"/� c Deputy Clerk Wats( ON. Na 6 BY THE COURT Thomas W. Ossola District Judge, Water Division No. 5 9 111111111111111111 "1a111111111111111111111111111111111 616498 12/11/20.4 04:41P 81416 P268 M ALSDORF SPRING VALLEY RANCH 10 of 21 R 108.00 D 0.00 GARFIELD COUNTY CO BOUNDARY LEGAL DESCRIPTION A parcel of land located in Sections 14, 15, 16, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33, and 34, Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described as follows: Beginning• at the Northwest Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S 88°16'08" E 2627.19 feet along the north line of said Section 20 to the North Quarter Corner of said Section 20 being a 1-1/2 inch Aluminum Cap (L.S. 16835) found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S 88°15'48" E 2625.91 feet along the north line of said Section 20 to the Northeast Corner of said Section 20 being a 2-1/2 inch GLO Brass Cap found in place said corner also being on the west line of said Section 16; thence N 00°00'14" W 2631.77 feet along the west line of said Section 16 to the East Quarter Corner of Section 17, T. 6 S., R. 88 W., 6th P.M. being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°08'04" W 340.70 feet continuing along the west line of said Section 16 to the West Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'47" E 1047.99 feet continuing along the west line of said Section 16 to the southwest corner of a parcel of land described. in Book 448, Page 284 in the office of the Garfield County Clerk and Recorder; thence the following three courses along the boundary of said parcel described in Book 448, Page 284: 1. thence N 89°16'47" E 334.10 feet; 2. thence N 03°35'47" E 252.06 feet; 3. thence N 88°27'52" W 349.87 feet to a point on the west line of said Section 16; thence N 00°01'47" E 977.15 feet along the west line of said Section 16 to the Northeast Corner of said Section 17 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'20" W 344.80 feet continuing along the west line of said Section 16 to the Northwest Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'15" E 2703.26 feet along the north line of said Section 16 to the North Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'09" E 2637.87 feet continuing along the north line of said Section 16 to the Northeast Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°58'17" E 2638.56 feet along the north line of said Section 15 to the North Quarter Corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place; thence S 89°59'36" E 1318.31 feet continuing along the north line of said Section 15 to the west line of the NE1/4NE1/4.of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place whence the northeast corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place bears S 89°59'36" E 1318.31 feet; thence S 00°00'09" E 1312.36 feet along the west line of the NE1/4NE1/4 of said Section 15 to the southwest corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence N 89°55'46" E 1317.67 feet along the south line of the NE 1/4NE 1/4 of said Section 15 to the southeast corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence N 00°01'32" E a distance of 1310.58 feet along the west line of the NW 1/4NW 1/4 of said Section 14 to the northwest Corner of said Section 14 being a 2 -1/2 -inch Government Land Office (GLO) Brass Cap found in place; thence N 89°55'05" E a distance of 1320.66 feet along the north line of said section 14 to the northeast corner of said NW1/4NWI/4 of Section 14 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 00°01'34" W a distance of 1312.94 feet along the east line of said NW 1/4NW 1/4 to the Southeast corner of said NW 1/4NW 1/4 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 00°01'34" W NM MM. EXHIBIT A • • 111111111111 11111111111 111 11111 jI 111111111111111 616498 12/11/2002 04:41P 61416 • 11 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO 1312.94 feet along the east line of the SW 1/4NW 1/4 of said Section 14 to the southeast corner of the SW 1/4NW1/4 of said Section 14; thence S 00°01'19" E 2647.58 feet along the east line of the W 1/2SW 1/4 of said Section 14 to the southeast corner of the W1/2SW 1/4 of said Section 14; thence S 89°59'40" E 1318.39 feet along the north line of said Section 23 to the North Quarter Corner of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence S 00°05'23" E 5277.46 feet along the east line of the W1/2 of said Section 23 to the South Quarter Corner of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence S 00°00'49" W 5529.94 feet along the east line of the W1/2 of said Section 26 to the South Quarter Corner of said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence S 84°59'30" W 31.37 feet along the south line of said Section 26 to the North Quarter Corner of Section 35, T. 6 S., R. 88 W., 6th P.M., being a 2-1/2 inch GLO Brass Cap found in place; thence S 84°41'15" W 1292.34 feet along the south line of said Section 26 to the southeast corner of Lot 14 of said Section 26; thence N 00°21'37" E 372.49 feet along the east line of said Lot 14, Section 26 to the northeast corner of said Lot 14; thence N 89°53'31" W 1611.72 feet along the north Line of said Lot 14 to the northwest corner of said Lot 14; thence S 00°00'14" W 525.17 feet along the west line of said Lot 14 to the Southwest Corner of said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°14'59" W 2647.44 feet along the south line of said Section 27 to the South Quarter Corner of said Section 27 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°17'11" W 1319.72 feet along the north line of said Section 34 to the northeast comer of the W 1/2NW 1/4 of said Section 34 whence the Northwest Corner of said Section 34 bears N 89°17'11" W 1319.72 feet; thence S 00°05'58" E 2466.04 feet along the east line of the W 1 /2NW 1/4 of said Section 34 to the southeast corner of the W 1/2NW 1 /4 of said Section 34; thence S 89°51'39" W 1389.27 feet along the south line of the W1/2NW1/4 of said Section 34 to the West Quarter Corner of said Section 34 being a stone monument found in place and remonumented with a 2-inch Aluminum Cap (P.E.L.S. 5933); thence N 88°27'45" W 2511.99 feet along the south line of the NE1/4 of said Section 33 to the Center Quarter of said Section 33 being a 3 inch Aluminum Cap (County Surveyor) found in place; thence N 88°27'28" W 1092.52 feet along the south line of Lot 6, of said Section 33 to the southwest corner of said Lot 6; thence N 00°19'52" E 821.58 feet along the west line of said Lot 6 to the southeast corner of Lot 5 of said Section 33; thence N 88°29'25" W 1065.30 feet along the south line of said Lot 5 to a point on the northerly right-of-way of Garfield County Road 119; thence the following seventeen courses along the northerly right-of-way of said County Road 119: 1. thence along the arc of a non-tangent curve to the left having a radius of 190.00 feet, and a central angle of 40°11'43" for a distance along the curve of 133.29 feet; the chord of said curve bears N 69°42'36" W a distance of 130.58 feet; 2. thence N 89°48'27" W 335.07 feet to a point on the west line of said Section 33 whence the Northwest Corner of said Section 33 being a 3-inch County Surveyor's Aluminum Cap found in place bears N 01°14'21" E 1729.72 feet; 3. thence N 89°48'27" W 746.63 feet 4. thence along the arc of a curve to the right having a radius of 9975.00 feet, and a central angle of 01°23'23" for a distance along the curve of 241.95 feet; the chord of said curve bears N 89°06'46" W a distance of 241.94 feet; 5. thence N 88°25'04" W 886.82 feet; 6. thence along the arc of a curve to the right having a radius of 30.00 feet, and a central angle of 11111111111111111111111111111111111111''111111111111111 616498 12/11/2002 04:41P 81416 h /0 M ALSDORF 12 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO 101°43'17" for a distance along the curve of 53.26 feet; the chord of said curve bears N 37°33'26" W a distance of 46.54 feet; 7. thence N 13°18'13" E 1531.48 feet; 8. thence along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of 15°55'12" for a distance along the curve of 198.67 feet; the chord of said curve bears N 05°20'37" E a distance of 198.03 feet to a point on the south line of said Section 29 whence the Southeast Corner of said Section 29 bears S 89°03'23" E 1570.16 feet; 9. thence along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of 29°05'27" for a distance along the curve of 363.03 feet; the chord of said curve bears N 17°09'43" W a distance of 359.14 feet; 10. thence along the arc of a curve to the left having a radius of 1853.11 feet, and a central angle of 14°56'46" for a distance along the curve of 483.40 feet; the chord of said curve bears N 39°10'49" W a distance of 482.03 feet; 11. thence N 46°39'12" W 512.11 feet; 12 thence along the arc of a curve to the left having a radius of 544.29 feet, and a central angle of 29°19'12" fora distance along the curve of 278.53 feet; the chord of said curve bears N 61°18'49" W a distance of 275.50 feet; 13. thence N 75°58'25" W 274.72 feet; 14. thence along the arc of a curve to the right having a radius of 777.56 feet, and a central angle of 10°01'45" for a distance along the curve of 136.11 feet; the chord of said curve bears N 70°57'32" W a distance of 135.93 feet; 15. thence N 65°56'40" W 288.79 feet; 16. thence along the arc of a curve to the right having a radius of 934.49 feet, and a central angle of 12°43'09" fora distance along the curve of 207.45 feet; the chord of said curve bears N 59°35'05" W a distance of 207.03 feet; 17. thence N 53°13'30" W 363.38 feet to a point on the west line of Lot 26 of said Section 29; thence N 00°30'27" E 619.90 feet along the west line of said Lot 26 to the northwest corner of said Lot 26; thence N 90°00'00" W 65.41 feet to a fence post with a pk-nail in the top and accepted as the southwest corner of Lot 20 of said Section 29; thence N 00°34'26" E 2165.03 feet along the accepted west line of Lots 20, 16, and 8 of said Section 29 to a red plastic cap (P.L.S. 27929); thence N 00°32'35" E 431.30 feet to the southwest corner of a parcel of land described in Book 527, Page 951 in the.office of the Garfield County Clerk and Recorder; thence along the southerly boundary of said parcel of land described in Book 527, Page 951 S 89°32'20" E 431.36 feet; thence the following two courses along the Southerly boundary of a parcel of land described in Book 872, Page 768 in the office of the Garfield County Clerk and Recorder: 1. thence S 50°51'48" E 497.50 feet; 2. thence S 57°58'21" E 57.39 feet to a point on the Southerly boundary of a parcel of land described in Book 915, Page 112 in the office of the Garfield County Clerk and Recorder; thence S 57°58'21" E 305.00 feet along the Southerly boundary of said parcel of land described in Book 915, Page 112; thence S 33°33'03" E 149.53 feet along the Southwesterly boundary of a parcel of land described in Book 621, Page 219 in the office of the Garfield County Clerk and Recorder; thence S 81°36'23" E 135.95 feet along the Southerly boundaries of parcels of land described in 3 • 1111111 11111 111111 11111 It 111111 111111 '1I 111111 III 111 616498 12/11/2002 04:41P 614 . 13 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO Book 621, Page 219 and Book 965, Page 509 rcel of land descnbedthe oce of the ainook 965, Page 509; field County Clerk and Recorder to a point on the boundary of said p thence the following three courses along the southeasterly boundary of said parcel described in Book 965, Page 509: 1. thence S 81°42'23" E 302.25 feet; 2. thence N 05°12'20" E 149.94 feet; 3. thence along the arc of a curve to the right having aradius chord 5o5.23dfeet, eurve and bearscentral angle of 40°33'24" for a distance along the curve of 39.09 feet; the N 25°28'41" E a distance of 38.28 feet to a point on the southerly boundary of a parcel of land thence described in Book 808, Page 803 in the lebounda Garfield the of aid parcel descnbed Recorder; ook 808, the following three courses along the easterly Page 803: 1. thence S 81°42'37" E 123.19 feet; 2. thence N 21°00'23" W 820.84 feet to a point on the south line of said Section 20 whence the South Quarter Corner of said Section 20 being a stone ment found bears N 88°n place and 248.98 feet; remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933) 3. thence N 21°00'23" W 137.24 feet to a point on the northerly right-of-way of Garfield County Road 115; thence the following two courses along the northerly right-of-way of said County Road 115: 1. thence along the arc of a non -tangent curve to the right having a radius of 5288.82 feet, and a central angle of 02°43'04" for a distance along the curve of 250.87 feet; the chord of said curve bears N 73°59'48" W a distance of 250.84 feet; 2. thence N 72°38'16" W 1244.87 feet to a point on the accepted east line of Lot 4 of said Section 20 whence the southeast corner of a parcel of' land recorded under reception number 467225 in the office of the Garfield County Clerk and Recorder being a red plastic cap (P.L.S. 27613) found in place and accepted as a point on the east line of said Lot 4 bears S 01°51'02" W 9.41 feet; thence N 01°51'02" E 490.79 feet along the accepted east line of said Lot 4 to the northeast corner of said Lot 4 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°18'52" W 1429.59 feet along the north line of said Lot 4 and Lot 3 of said Section 20 to the northwest corner of L S 27ot 3 whence the in place Southwest Corner of said Lot 20 being a 2-1/2 inch Aluminum Cap ( ) found bears S 00°06'31" E 1008.11 feet; thence N 00°06'31" W 1630.93 feet along the west line of said Section 20 to the West Quarter Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 00°04'12" E 2632.88 feet along the west line of said Section 20 to the Northwest Corner of said Section 20 being the POINT OF BEGINNING containing 6115.406 acres more or less, prior to the following five excepted parcels: EXCEPTING THE FOLLOWING FIVE PARCELS: 1) MIDDLE EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in the West Half of Section 29 and the Northwest Quarter of Section 28, 4 111111111111111111111111111111111111P111111111111111 616498 12/11/2002 04:41P 81416 1-L72 M ALSDORF 14 of 21 R 106.00 0 0.00 GARFIELD COUNTY CO Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at a point on the easterly line of said Section 29 whence the Northeast Corner of Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°09'28" E 1250.72 feet thence S 01°09'28" W 346.32 feet along the east line of said Section 29 to a point on the northerly line of a parcel of land described in Book 495, Page 596 in the office of the Garfield County Clerk and Recorder, whence the west Quarter Corner of said Section 28 being a 3 inch Aluminum Cap (County Surveyor) bears S 01°09'28" E 987.24 feet; thence S 88°09'03" E 557.11 feet along the northerly line of said parcel of land described in Book 495, Page 596 to a point on the southerly right-of-way line of Garfield County Road 115; thence along the arc of a curve to the left having a radius of 826.12 feet, and a central angle of 17°50'11" for a distance along the curve of 257.17 feet; the chord of said curve bears S 64°07'08" E a distance of 256.14 feet along the southerly right-of-way of said County Road 115; thence S 73°02'14" E 43.18 feet continuing along the southerly right-of-way line of said County Road 115 to a point in the easterly line of said parcel of land described in Book 495, Page 596; thence S 00°01'52" W 114.31 feet along the easterly boundary of said parcel of land described in Book 495, Page 596 to the southeast corner of said parcel of land described in Book 495, Page 596; thence the following four courses along the Southerly Boundary of said parcel of land described in Book 495, Page 596: 1. thence N 89°58'08" W 327.05 feet; 2. thence S 54°10'41" W 185.54 feet; 3. thence N 42°16'19" W 154.20 feet; 4. thence S 59°30'35" W 216.33 feet to a point on the boundary of a parcel of land described in Book 988, Page 802 in the office of the Garfield County Clerk and Recorder; thence the following six courses around the easterly, northerly, and southerly boundaries of said parcel of land described in Book 988, Page 802: 1. thence S 13°45'40" E 111.74 feet; 2. thence S 89°58'08" E 101.60 feet; 3. thence S 00°01'52" W 69.06 feet; 4. thence S 88°48'28" E 25.57 feet; 5. thence S 00°37'24" E 148.37 feet; 6. thence S 14°45'31" E 57.78 feet; thence S 58°03'40" W 625.36 feet along the southerly boundaries of parcels of land described in Book 988, Page 802 and Book 736, Page 345 in the office of the Garfield County Clerk and Recorder to a point on the southerly boundary of said parcel of land described in Book 736, Page 345; thence along the southerly and westerly boundaries of said parcel of land described in Book 736, Page 345 the following five courses: 1. thence N 74°53'28" W 35.87 feet; 2. thence N 66°59'35" W 380.19 feet; 3. thence N 50°53'55" W 27.02 feet; 4. thence N 25°54'08" W 19.09 feet; 5. thence N 05°08'09" W 580.16 feet to a point on the westerly boundary of a parcel of land described in Book 886, Page 329 in the office of the Garfield County Clerk and Recorder; thence along the westerly and northerly boundaries of said parcel of land described in Book 886, Page 329 the following three courses: 5 • 11111.11111111111f11111111111111111"1111 1111111111111 616498 12/11/2002 04:41P B1415 r273 11 ALSDORF 15 of 21 R 108.00 D 0.00 GARFIELD COUNTY CO • 1. thence N 05°36'42" W 538.91 feet 2. thence N 04°18'35" W 374.95 feet; 3. thence N 82°52'22" E 323.76 feet to a point on the herly right -ng ft-wayree oue of ssaid Garfield County Road 115; thence along the said right-of-way the es: 1. thence along the arc of anon -tangent curve to the left havin3 a5 feet;us e chord of said curve of 993.47 feet, and a central angle of 03°01'08" for a distance along the curve of 52 bears S 34°41'10" E a distance of 52.34 feet;e 2. thence along the arc of a curve to the left having a radius coo d of s0 feet, and aears S 54°15l of 36°06'40" for a distance along the curve of 302.52 feet; the E a distance of 297.54 feet; 3. thence S 72°18'24" E 273.90 feet to the POINT OF BEGINNING containing33.499 acres more or less. • 2) EAST EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in Section 28, Township 6 South, Range 88 West, of the Sixth Principal Meridian being more particularly described as follows: place Beginning at the South Quarter Corner of Section L.Sb59ein3 );a stone monument fond thence N 88 33'15° W 11 84 24 and remonumented with a 2 -inch Aluminum Cap (P feet along the south line of Section 28 to �point of thethe westerly Garfield County Clerk Recorderawhence described in Book 938, Page 691 in the o the Southwest Corner of Section 28 beingCounty Surveyor E 2568 63 feet alongthe westerly found in place bears S 88°33'15" E 1495.74 feet; thence N 01691 point on the westerly boundary of said parcel of land described in Book 938, Page to a boundary of a parcel of land described in Book 665 feet along the38, Page 941 in weshe ote�irly boundary oce fof the esaid parcel ld County Clerk and Recorder; thence N 01°01'12"E 91 of land described in Book 638, Page 941 toa point ht of -way line of said Ctounty Road 115line of Gche e!d County Road 115; thence along the southerly right-of-way following seven courses: 1. along the arc of a non -tangent curve to the right having a radius of 594.56 feet, and a central • angle of 41°58'28" for a distance along the curve of 435.57 feet; the chord of said curve bears S 43°10'12" E a distance of 425.90 feet; 2. thence S 22°10'58" E 307.62 feet; 3. thence along the arc of a curve to the left ha92 8� feed us the choof �d of said curve bears1.75 fet, and a r5 angle of 15°49'57" for a distance along the curve of 3 30°05'57" E a distance of 391.63 feet; 4. thence along the arc of a curve to the right 1'30 feet he�hord of saf 370.00 edtc curve bears Set, and a l angle of 32°43'14" for a distance along the curve o 21°39'19" E a distance of 208.44 feet; 5. thence along the arc of a curve to the left f 122 i Zradius of 2437 42 feet, the chord of said and bears central of 28°42'24" for a distance along the curve o 19°38'54" E a distance of 1208,48 feet; 1 I11IIF11111111111111111111111111111!'2111111111111 Illi 516498 12/11/2002 04:41P 31416 r74 P1 ALSDORF 16 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO 6. thence S 34°00'06" E 1152.91 feet; 7. thence along the arc of a curve to the left having a radius of 430.00 feet, and a central angle of 23°03'17" for a distance along the curve of 173.02 feet; the chord of said curve bears S 45°31'45" E a distance of 171.86 feet to a point on the south line of Section 28; whence the Southeast Corner of Section 28 being a 2-1/2 inch GLO Brass Cap found in place bears S 86°11'17" E 1745.44 feet; thence N 86°11'17" W 829.99 feet along the south line of Section 28 to the POINT OF BEGINNING containing 67.914 acres more or less. 3) SECTION 15 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land being the Northwest Quarter of the Southwest Quarter of Section 15, Township 6 South Range 88 West, of the Sixth Principal meridian, said parcel being further described as follows: Beginning at the West Quarter corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place, thence N 89°51'07" E 1323.59 feet along the North line of the NW1/4SW1/4 of said Section 15 to the northeast corner of the NW1/4SW1/4 of said Section 15; thence S 00°01'49" E 1540.50 feet along the East line of the NW1/4SW1/4 of said Section 15 to the Southeast Corner of the NW1/4SW1/4; thence S 89°58'25" W 1323.59 feet along the south line of the NW1/4SW1/4 of said Section 15 to the southwest corner of the NW1/4SW1/4 of said section 15; whence the Southwest Corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place bears S 00°01'49" E 1537.70 feet; thence N 00°01'49" W 1537.70 feet along the west line of the NW1/4SW1/4 of said section 15 to the northwest corner of the NW1/4SW1/4 of said section 15 being the POINT OF BEGINNING containing 46.766 acres more or less. 4) GARFIELD COUNTY ROAD 115 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in Sections 20,.29, 28, 33, and 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being a 60 foot wide right-of-way extending thirty feet on each side of the centerline for Garfield County Road 115, said centerline being further described as follows: Beginning at a point from whence the Southwest comer of said Section 20 bears S89°59'26"W a distance of 2853.70 feet, said section corner being a 2-1/2 inch Aluminum Cap found in place; thence along the arc of a curve to the left having a radius of 5318.82 feet, and a central angle of 04°16'52" for a distance along the curve of 397.42 feet; the chord of said curve bears S 77°43'40" E a distance of 397.32 feet; thence S 79°52'05" E 121.04 feet to a point along the section line common to said Sections 20 7 • '''!1 111111 III Ifll 1 111111 11111 111111 111111 III 11E11 11117 I of 1111 F • 76498 1281106.02 04 17 of 21 R 106.00 0 0.00 GARFIELD COUNTY CO tions 20 and 29 being a Stone and 29 from whence the Quarter cornermented with a 2 -inch cAluminum Cap bears N88°32'13"W Monument found in place and remo 720.55 feet; thence S 79°5T05" E 331.86 feet; le of thence along the arc of a curve to the right having aradius theof cho00.00 feet, and a central rd of said curve bears S 6937 31" 20°29'08" for a distance along the curve of 321.79 feet; E a distance of 320.08 feet; thence S 59°2T57" E 217.30 feet; ral le thence along the arc of a curve to the right having the chord of said curve bearsius of 1081,34 feet, and a tS 41°33'57" 35°38'00" for a distance along the curve of 672.50f, ee E a distance of 661.72 feet; thence S 23°44'57" E 73.66 feet; angle of thence along the arc of a curve to the left f 2092 99 feetuthe chord of said curve bears of 963.47 feet, and a s S 29°58'21" 12°26'47" for a distance along the curve o E a distance of 208.88 feet; thence along the arc of a curve to the left having a radius of 450.00 feet, and a central angle of 36°06'40" for a distance along the curve of 283.62 feet; the chord of said curve bears S 54°15'04" E a distance of 278.95 feet; thence S 72°18'24" E 264.99 feet to a point along the section line common to said Sections 28 and 29 from whence the Northeast corner of said Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears N01°09'28"E 1219.42 feet; thence S 72°18'24" E 167.61 feet; thence along the arc of a curve to the right having a radius of 377.41 feet, and a central angle of 25°33'14" for a distance along the curve of 168.32 feet; the chord of said curve bears S 59°31'47" E a distance of 166.93 feet; thence S 46°45'10" E 235.64 feet; thence along the arc of a curve to the left h 265 2 feetving a uthe chord of said curve bears of 796.12 feet, and a sS 59153'42" of 26°17'03" for a distance along the curve of E a distance of 362.02 feet; thence S 73°02'14" E 636.67 feet; thence along the arc of a curve to the right having a radius of 624.56 feet, and a central angle of 8 1 111111 11111 111111 111 111111 117.1111111 111 11111 186of8212R11/202 106000 Da:41P 131410 P6 M 0.00 GARFIELD'COUNTY SCORF 50°51'15" for a distance along the curve of 554.35 feet; the chord of said curve bears S 47°36'36" E a distance of 536.33 feet; thence S 22°10'58" E 307.62 feet; thence along the arc of a curve to the left having a radius of 1391.75 feet, and a central angle of 15°49'57" for a distance along the curve of 384.58 feet; the chord of said curve bears S 30°05'57" E a distance of 383.36 feet; thence along the arc of a curve to the right having a radius of 400.00 feet, and a central angle of 32°43'14" for a distance along the curve of 228.43 feet; the chord of said curve bears S 21°39'19" E a distance of 225.34 feet; thence along the arc of a curve to the left having a radius of 2407.42 feet, and a central angle of 28°42'24" for a distance along the curve of 1206.18 feet; the chord of said curve bears S 19°38'54" E a distance of 1193.61 feet; thence S 34°00'06" E 1152.91 feet; thence along the arc of a curve to the Left having a radius of 400.00 feet, and a central angle of 25°5311" for a distance along the curve of 180.72 feet; the chord of said curve bears S 46°56'42" E a distance of 179.19 feet; thence S 59°53'17" E 38.40 feet to a point along the section line common to said Sections 28 and 33 from whence the Quarter corner common to said Sections 28 and 33 being a Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears N86°11'17"W 896.52 feet; thence S 59°53'17" E 421.00 feet; thence along the arc of a curve to the right having a radius of 779.79 feet, and a central angle of 35°42'49" for a distance along the curve of 486.06 feet; the chord of said curve bears S 42°01'52" E a distance of 478.23 feet; thence S 24°10'27" E 644.62 feet; thence along the arc of a curve to the right having a radius of 882.82 feet, and a central angle of 26°58'38" for a distance along the curve of 415.67 feet; the chord of said curve bears S 10°41'09" E a distance of 411.84 feet; thence S 02°48'10" W 238.01 feet; thence along the arc of a curve to the left having a radius of 729.53 feet, and a central angle of 37°41'54" for a distance along the curve of 480.00 feet; the chord of said curve bears S 16°02'47" E a distance of 471.39 feet; 9 • 1111111 11111 111111 111111 III 111111 111111 616498 12/11/2002 04:41P 81416 P177 M ALSDORF . 19 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO thence along the arc of a curve to the left having a us of e 200.00 chorof safeet, e andury becentral S angle o 35" of 53°37'43" for a distance along the curve of 187.20feet; E a distance of 180.44 feet; e of thence along the arc of a curve to the left having feets of 2171.07 ; the chord of said 7°bears N 8and a central 7118'48" 08°19'31" for a distance along the curve of 315.47 E a distance of 315.19 feet to a point along the nnchsaid GLO Brass Cap found in from whence the Northeast corner of said Section 33 being a 2-1/2 place bears N01°30'32"E 2209.86 feet; d a central of thence along the arc of a curve to the left having a radifeet;s of 2171.07 thechord of said,cunrve bears N 7an528'S7" 15°20'11" for a distance along the curve of 581.13 E a distance of 579.40 feet; d a thence along the arc of a curve to the right having feeatus theof 20.00 cho8d of said,cu'rve bearsrS 84$27 44" le of 55°26'50" for a distance along the curve of 270.97 E a distance of 260.52 feet; thence S 56°44'19" E 393.81 feet; e of thence along the arc of a curve to the left having2 9 feeta us of 669.07 the chord ofeaid et, and bearsiS 671° 4 00" 21°39'21" for a distance along the curve of 2 E a distance of 251.38 feet from whence the said Northeast corner of Section 33 bears • N28°52' 13 "W 2741.66 feet; Such parcel being a 60 foot right-of-way (30 feet on each side of the above described centerline) contains 18.195 acres more or less. The right-of-way lines of said right-of-way shall be prolonged or shortened to begin and end on and conform to the property boundary lines. 5) GARFIELD COUNTY ROAD 114 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in the Northeast Quarter of Section 33, Township 6 South, Range 88 he right-of-way for Garfield County West, of the Sixth Principal Me idian, said parcel being Garfield County Roadt114 with Garfield County Road 114 and the intersection ofRoad 115, said parcel being further described as follows: Beginning at a point on the southern line of the Northeast Quarter of said Section 33 whence the East Quarter Corner for said Section 33 being a Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears S 88°27'45" E 551.40 feet said point also being a point on the easterly right-of-way of Garfield County Road 114; 10 1111111.1111111I111111111111111111111" 1111111 111111 616498 12/11/2002 04:41P 61416 .i78 M ALSDORF 20 of 21 R 106.00 D 0.00 GARFIELD COUNTY CO thence N 88°27'45" W 77.11 feet along said southern line of the Northeast Quarter to a point on the westerly boundary of said County Road 114, whence the Center Quarter for said Section 33 being a 2 -1/2 -inch Aluminum Cap found in place bears N 88°27'45" W 1883.48 feet; thence the following two courses along the westerly right-of-way of said County Road 114: 1. N 40°27'03" E 99.05 feet; 2. thence along the arc of a curve to the left having a radius of 270.00 feet, and a central angle of 69°20'35" for a distance along the curve of 326.77 feet; the chord of said curve bears N 05°46'46" E a distance of 307.19 feet to a point on the southerly right-of-way of Garfield County Road 115; thence the following three courses along the southern right-of-way of County Road 115: 1. along the arc of a non -tangent curve to the left having a radius of 759.53 feet, and a central angle of 06°00'12" for a distance along the curve of 79.58 feet; the chord of said curve bears S 31°53'38" E a distance of 79.55 feet; 2. thence along the arc of a curve to the left having a radius of230.00 feet, and a central angle of 53°37'43" for a distance along the curve of 215.28 feet; the chord of said curve bears S 61°42'35" E a distance of 207.51 feet; 3. thence along the arc of a curve to the left having a radius of 2201.07 feet, and a central angle of 03°4I'58" for a distance along the curve of 142.12 feet; the chord of said curve bears N 89°37'34" E a distance of 142.09 feet to a point on the easterly right-of-way of Garfield County Road 114; thence the following two courses along the easterly right-of-way of County Road 114: 1. along the arc of a non -tangent curve to the left having a radius of 470.00 feet, and a central angle of 47°19'32" for a distance along the curve of 388.21 feet; the chord of said curve bears S 64°06'49" W a distance of 377.27 feet; 2. thence S 40°27'03" W 70.18 feet to the point of beginning containing 0.755 acres more or less. The right-of-way lines of said right-of-way shall be prolonged or shortened to begin and end on and conform to the property boundary lines. The Spring Valley Ranch total area minus the five exceptions is 5948.277 acres more or less. 2778357 1.DOC (3/16101) 11 • 1 11111111111 111111 111111 111 111111 1111" 111 1111111 11 1111 616498 12/11/2002 04:41P B1416 ._79 M RLSDORF 21 of 21 R 10b.00 D 0.00 GARFIELD COUNTY CO tis Area within Spring Valley Ranch PUD where wells can be drilled,which are tributary to the Spring Valley Aquifer �v� �'' • 29 L L-/ (..ref /� ,may f Exhibit B Spring Valley Ranch Wright Water Engineers, Inc. P.O. Box219 818 Colorado Aver= /it—. --J w_____ M •./nw .44 Draw Ta. NOS CneeJc 3tid. Date: hiatfl: t • Exhibit E • • • • DISTRICT COURT, WATER DIVISION 5, COLORADO Court Address: Garfield County Courthouse 109 8th Street, Suite 104 Glenwood Springs, CO 81601 A COURT USE ONLY A. CONCERNING THE APPLICATION FOR WATER RIGHTS OF SPRING VALLEY DEVELOPMENT, INC. AND BASALT WATER CONSERVANCY DISTRICT IN PITKIN, EAGLE, AND GARFIELD COUNTIES Case Number: 98CW255 (84CW212) Attorney Name: Anne J. Castle Address: 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 Phone Number: (303) 295-8000 Fax Number: (303) 295-8261 E-mail: acastle@hollandhart.com Atty. Reg.#: 11202 RULING OF REFEREE On December 29, 1998, the Application in this matter was filed seeking approval of an amendment to the Decree dated October 7, 1985 in Case No. 84CW212 (the "Original Decree"). In accordance with C.R.S. § 37-92-203(7), the Application was referred to the Water Referee for Water Division No. 5. By Motion filed on June 30, 1999, Co -Applicants Spring Valley Development, Inc. ("SVD") and the Basalt Water Conservancy District (the "Basalt District") sought approval to amend the Application. By Order dated June 30, 1999, the Co -Applicants' Motion to Amend Application was granted, and the First Amended Application for Amendment of Decree was accepted for filing (the "Amended Application"). The Water Referee has made such investigations as are necessary to determine whether the statements in the Amended Application are true, is otherwise fully advised in this matter, and hereby makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. The Statements in the Amended Application are true. RECEIVED MAR - ZOO?. HOLLAND & HARI .ANNE J. CASTLE Application of Spring Valley Development, Inc. and Basalt Water Conservancy District Case No. 98C.W255 2. The names, addresses and telephone numbers of the Co -Applicants are: Basalt Water Conservancy District c/o Scott Balcomb, Esq. Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81602 970-945-6546 Spring Valley Development, Inc. 415 East Hyman Ave., Suite 101 Aspen, CO 81611 970-544-3738 3. Statements of Opposition were filed by the Colorado Mountain College District, Los Amigos Ranch Partnership, and Berkeley Family Limited Partnership. No other Statements of Opposition have been filed in this matter and the time for filing such statements has expired. 4. The Basalt District is the owner of the Basalt Conduit water right. The Basalt Conduit was originally decreed for 450 c.f.s., conditional, to be used for the generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial, and industrial uses, with an appropriation date of July 29, 1957, Project No. 511, Priority No. 718. The decree for the Basalt Conduit was entered on June 20, 1958 in Civil Action No. 4613, Garfield County District Court. 5. In Case No. 84CW212, the Basalt District's request was approved for eleven alternate points of diversion for up to 6.0 c.f.s. from the Basalt Conduit. 6. Through the Amended Application, Co -Applicants seek to add the following wells as alternate points of diversion for the same 6.0 c.f.s. in the Basalt Conduit for which alternate points of diversion were established in the Original Decree in Case No. 84CW212: a. ASR Well No. 13: Located in the NE%4SE'/ of Section 21, T6S, R88W of the 6th P.M. at a point 2,105 feet North of the South line and 500 feet West of the East line of said Section 21. b. ASR Well No. 14: Located in the SWV4SW1/4 of Section 22, T6S, R88W of the 6th P.M. at a point 1,150 feet North of the South line and 670 feet East of the West line of said Section 22. c. ASR Well No. 15: Located in the SW1/4NE'V4 of Section 27, T6S, R88W of the 6th P.M. at a point 1,865 feet South of the North line and 2,220 feet East of the West line of said Section 27. -2- • Application of Spring Valley Development, Inc. and Basalt Water Conservancy District Case No. 98CW255 d. ASR Well No. 16: Located in the NE'/4NEV4 of Section 21, T6S, R88W of the 6th P.M. at a point 1,100 feet South of the North line and 1,200 feet West of the East line of said Section 21. 7. Co -Applicants also seek to add as alternate points of diversion for the same 6.0 c.f.s. of the Basalt Conduit water right up to 20 additional wells (the "Additional Wells") to be Iocated on the Spring Valley Ranch P.U.D. property, the legal description for which is attached hereto as Exhibit A. The Spring Valley Ranch P.U.D. property (the "Property") includes portions or all of sections 14, 15, 16, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33 and 34, T6S, R88W of the 6th P.M. The Additional Wells shall be denominated "SVR Well Nos. 17 through 36." The precise locations for the Additional Wells have not yet been identified, however, no Additional Wells will be located in the portion of the Property that is tributary to Cattle Creek. A map showing the location of the area in which Additional Wells may be located is attached hereto as Exhibit B. 8. The wells described herein are the subject of an application for underground water rights in Case No. 98CW256. The subject wells will be operated in priority as follows: (1) under their own priorities as determined by any decree entered in Case No. 98CW256; (2) as alternate points of diversion for the Basalt Conduit under its 1957 priority as allowed pursuant to this decree; or (3) when neither of the foregoing water rights are in priority, under the augmentation plan decreed in Case Nos. 87CW155 and 98CW254. The priority under which the subject wells are operating shall be determined in accordance with the delayed depletion methodology set forth in the decree dated December 10, 1992 in Case No. 87CW155. The decree in Case No. 98CW254 includes an accounting form for recording the operation in priority of the subject wells. 9. The relief sought by the Co -Applicants with regard to the Additional Wells is consistent with Policy Memorandum 99-1 of the Colorado State Engineer's Office concerning "Location of Conditional Ground Water Rights (Water Wells) in a Proposed Subdivision Within a Pending Plan for Augmentation." 10. The requested change of water rights to amend the Original Decree to provide for the above described additional points of diversion for the Basalt Conduit will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. CONCLUSIONS OF LAW 11. The Amended Application is complete and covers all applicable matters required under C.R.S. § 37-92-302. 12. Timely and adequate notice of the Amended Application was given as required by law. -3- Application of Spring Valley Development, Inc. and Basalt Water Conservancy District Case No. 98CW255 13. The Court has exclusive jurisdiction over the subject matter of this action pursuant to C.R.S. § 37-92-203, and over all persons who may be affected thereby, whether or not they have appeared. 14. The Amended Application is such as is contemplated by law and the Court has authority to approve the change of water rights requested in the Amended Application. It is HEREBY ORDERED, ADJUDGED and DECREED: 15. The Findings of Fact and Conclusions of Law set forth above are incorporated by this reference. 16. The Amended Application herein is granted and the proposed amendment to the decree dated October 7, 1985 in Case No. 84CW212 is approved. 17. The points of diversion specified in paragraphs 6 and 7 above are approved as alternate points of diversion for 6.0 c.f.s. of the Basalt Conduit water right. 18. Combined diversions from all wells covered under the decree in Case No. 84CW212, as amended hereby, including the Additional Wells described above in paragraph 7, shall not exceed 6 c.f.s. 19. The Additional Wells shall only be developed pursuant to an appropriate permit issued by the State Engineer's Office pursuant to Colo. Rev. Stat. §37-90- 137(2). The Additional Wells shall not divert water from any source other than the Spring Valley aquifer, or an aquifer tributary thereto. 20. None of the Additional Wells shall be located closer than 600 feet from any permitted well owned by a third -party outside the boundary of the Property, unless such party consents in writing. 21. Within 60 days of completion of construction of each of the Additional Wells pursuant to an appropriate well permit, SVD shall notify both the Court and the State Engineer's Office of the location of the well. 22. Other than with regard to the well -to -well injury issues described in paragraph 23 below, the Court shall retain jurisdiction over this case pursuant to C.R.S. §37-92-304(6) for reconsideration of injury to the vested rights of others for a period of five years from the date of this decree. Any party desiring the Court to reconsider the question of injury must file a verified petition identifying the nature and cause of the claimed injury, and proposing a specific modification to the terms and conditions of approval set forth herein to redress such injury. The party lodging the petition (the "Petitioner") shall have the burden of going forward to establish the prima facie facts alleged in the petition. If the Court finds those facts to be established, SVD shall then -4- Application of Spring Valley Development, Inc. and Basalt Water Conservancy District Case No. 98CW255 have the burden to show: (a) that no modification is necessary to avoid injury to the Petitioner, or (b) that modification based on terms and conditions proposed by SVD in response to the petition will avoid injury to the Petitioner. If no petition for reconsideration is filed within a period of retained jurisdiction identified above, such period of retained jurisdiction shall expire automatically; provided, however, that the periods of retained jurisdiction may be extended upon further decision by the Court that the non-occurrence of injury shall not have been conclusively established pursuant to C.R.S. §37-92-304(6). 23. In addition to the general period of retained jurisdiction described in paragraph 22 above, the Water Court will retain jurisdiction over the issue of potential well -to -well injury caused by the wells that are the subject of this application until: (a) one year following the date of notification that the Spring Valley Ranch Development is 75 percent built out, or (b) 15 years from the date of entry of this decree, whichever occurs later. Applicant SVD will notify the Water Court and the Opposers in writing when the development that is the subject of this application is 75 percent built out. The retained jurisdiction of the Court on this issue may be invoked only by those Opposers with commercial or municipal wells withdrawing from the Spring Valley Aquifer, specifically Colorado Mountain Junior College District and Berkeley Family Limited Partnership (the "Spring Valley Opposers"). 24. Applicants and the Spring Valley Opposers intend to implement a ground water monitoring program to monitor water levels in the Spring Valley Aquifer. If and when these monitoring activities, or other reliable data and information, show a long term trend that indicates an inability of the Spring Valley Aquifer to satisfy expected demand associated with decreed water rights owned by parties to this action, these parties agree to cooperate with the Basalt Water Conservancy District to identify and implement necessary and appropriate corrective measures which may include: (a) implementation of water conservation measures and/or (b) evaluation of the opportunities for provision of a substitute water supply from a supplemental source. It is accordingly ORDERED that a copy of this Ruling shall be filed with the Water Clerk subject to judicial review. It is further ORDERED that a copy of this ruling shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. Dated: • BY THE WATER REFEREE Water Referee, Water Division No. 5 -5- Application of Spring4alley Development, Inc. and Basalt Water Conservancy District Case No. 98CW255 No Protest was filed in this matter. The foregoing Ruling of the Referee is confirmed and approved, and is made a Judgment and Decree of this Court. Dated: � � a 2343006_3. DOC BY THE COURT CThomas W. Ossola District Judge, Water Division No. 5 Copy of the forepot mall$d to all counsel of record ---Wates Reforee,--Div. EnJneer---a d State Enginisr: •k(?ate 2. 1 - 0 Z" Ll614d0 , ta/� SCA"' j Pad' , 4 c. i Khopj, 2 -6- SPRING VALLEY RANCH • BOUNDARY LEGAL DESCRIPTION A parcel of land located in Sections 14, 15, 16, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33, and 34, Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described as follows: Beginning at the Northwest Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S 88°16'08" E 2627.19 feet along the north line of said Section 20 to the North Quarter Corner of said Section 20 being a •1-1/2 inch Aluminum Cap (L.S. 16835) found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S 88°15'48" E 2625.91 feet along the north line of said Section 20 to the Northeast Corner of said Section 20 being a 2-1/2 inch GLO Brass Cap found in place said corner also being on the west line of said Section 16; thence N 00°00'14" W 2631.77 feet along the west line of said Section 16 to the East Quarter Corner of Section 17, T. 6 S., R. 88 W., 6th P.M. being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°08'04" W 340.70 feet continuing along the west line of said Section 16 to the West Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'47" E 1047.99 feet continuing along the west line of said Section 16 to the southwest corner of a parcel of land described in Book 448, Page 284 in the office of the Garfield County Clerk and Recorder; thence the following three courses along the boundary of said parcel described in Book 448, Page 284: 1. thence N 89°16'47" E 334.10 feet; 2. thence N 03°35'47" E 252.06 feet; 3. thence N 88°27'52" W 349.87 feet to a point on the west line of said Section 16; • thence N 00°01'47" E 977.15 feet along the west line of said Section 16 to the Northeast Corner of said Section 17 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'20" W 344.80 feet continuing along the west line of said Section 16 to the Northwest Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'15" E 2703.26 feet along the north line of said Section 16 to the North Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'09" E 2637.87 feet continuing along the north line of said Section 16 to the Northeast Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°58'17" E 2638.56 feet along the north line of said Section 15 to the North Quarter Corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place; thence S 89°59'36" E 1318.31 feet continuing along thenorth line of said Section 15 to the west line of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place whence the northeast corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place bears S 89°59'36" E 1318.31 feet; thence S 00°00'09" E 1312.36 feet along the west line of the NE 1/4NE 1/4 of said Section 15 to the southwest corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence N 89°55'46" E 1317.67 feet along the south line of the NE 1/4NE1/4 of said Section 15 to the southeast corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L. S. 15710) found in place; thence N 00°01'32" E a distance of 1310.58 feet along the west line of the NW1/4NW1/4 of said Section 14 to the northwest Corner of said Section 14 being a 2 -1/2 -inch Government Land Office (GLO) Brass Cap found in place; thence N 89°55'05" E a distance of 1320.66 feet along the north line of said section 14 to the northeast corner of said NW 1/4NW 1/4 of Section 14 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 00°01'34" W a • distance of 1312.94 feet along the east line of said NW 1/4NW 1/4 to the Southeast corner of said NW 1/4NW 1/4 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 00°01'34" W EOM EXHIBIT A 1312.94 feet along the east line of the SWI/4NW1/4 of said Section 14 to the southeast corner of the SW 1/4NW 1/4 of said Section 14, thence S 00°01'19" E 2647.58 feet along the east line of the W 1 /2SW I/4 of said Section 14 to the southeast corner of the W 1/2SW 1/4 of said Section 14; thence S 89°59'40" E 1318 39 feet along the north line of said Section 23 to the North Quarter Corner of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence S 00°05'23" E 5277.46 feet along the east line of the W1/2 of said Section 23 to the South Quarter Corner of said Section 23 being a 2-1/2 inch GLO Brass Cap found in place; thence S 00°00'49" W 5529.94 feet along the east line of the W1/2 of said Section 26 to the South Quarter Corner of said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence S 84°59'30" W 31.37 feet along the south line of said Section 26 to the North Quarter Corner of Section 35, T. 6 S., R. 88 W., 6th P.M., being a 2-1/2 inch GLO Brass Cap found in place; thence S 84°41'15" W 1292.34 feet along the south line of said Section 26 to the southeast corner of Lot 14 of said Section 26; thence N 00°21'37" E 372.49 feet along the east line of said Lot 14, Section 26 to the northeast corner of said Lot 14; thence N 89°53'31" W 1611.72 feet along the north line of said Lot 14 to the northwest corner of said Lot 14; thence S 00°00'14" W 525.17 feet along the west line of said Lot 14 to the Southwest Corner of said Section 26 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°14'59" W 2647.44 feet along the south line of said Section 27 to the South Quarter Corner of said Section 27 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°17'11" W 1319.72 feet along the north line of said Section 34 to the northeast corner of the W 1 /2NW 1 /4 of said Section 34 whence the Northwest Corner of said Section 34 bears N 89°17'11" W 1319.72 feet; thence S 00°05'58" E 2466.04 feet along the east line of the W 1 /2NW 1 /4 of said Section 34 to the southeast corner of the W 1/2NW 1/4 of said Section 34; thence S 89°51'39" W 1389.27 feet along the south line of the W 1/2NW 1/4 of said Section 34 to the West Quarter Corner of said Section 34 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°27'45" W 2511.99 feet along the south line of the NE 1/4 of said Section 33 to the Center Quarter of said Section 33 being a 3 inch Aluminum Cap (County Surveyor) found in place; thence N 88°27'28" W 1092.52 feet along the south line of Lot 6, of said Section 33 to the southwest corner of said Lot 6; thence N 00°19'52" E 821.58 feet along the west line of said Lot 6 to the southeast corner of Lot 5 of said Section 33; thence N 88°29'25" W 1065.30 feet along the south line of said Lot 5 to a point on the northerly right-of-way of Garfield County Road 119; thence the following seventeen courses along the northerly right-of-way of said County Road 119: 1. thence along the arc of a non -tangent curve to the left having a radius of 190.00 feet, and a central angle of 40°11'43" for a distance along the curve of 133.29 feet; the chord of said curve bears N 69°42'36" W a distance of 130.58 feet; 2. thence N 89°48'27" W 335.07 feet to a point on the west line of said Section 33 whence the Northwest Corner of said Section 33 being a 3 -inch County Surveyor's Aluminum Cap found in place bears N 01°14'21" E 1729.72 feet; 3. thence N 89°48'27" W 746.63 feet 4. thence along the arc of a curve to the right having a radius of 9975.00 feet, and a central angle of 01°23'23" for a distance along the curve of 241.95 feet; the chord of said curve bears N 89°06'46" W a distance of 241.94 feet; 5. thence N 88°25'04" W 886.82 feet; 6 thence along the arc of a curve to the right having a radius of 30.00 feet, and a central angle of 2 • 101°43'17" for a distance along the curve of 53.26 feet; the chord of said curve bears N 37°33'26" W a distance of 46.54 feet; 7 thence N 13°18'13" E 1531.48 feet; 8 thence along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of 15°55'12" for a distance along the curve of 198.67 feet; the chord of said curve bears N 05°20'37" E a distance of 198.03 feet to a point on the south line of said Section 29 whence the Southeast Corner of said Section 29 bears S 89°03'23" E 1570.16 feet; 9. thence along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of 29°05'27" for a distance along the curve of 363.03 feet; the chord of said curve bears N 17°09'43" W a distance of 3 59.14 feet; 10. thence along the arc of a curve to the left having a radius of 1853.11 feet, and a central angle of 14°56'46" for a distance along the curve of 483.40 feet; the chord of said curve bears N 39°10'49" W a distance of 482.03 feet; 11. thence N 46°39'12" W 512.11 feet; 12. thence along the arc of a curve to the left having a radius of 544.29 feet, and a central angle of 29°19'12" for a distance along the curve of 278.53 feet; the chord of said curve bears N 61°18'49" W a distance of 275.50 feet; 13. thence N 75°58'25" W 274.72 feet; 14. thence along the arc of a curve to the right having a radius of 777.56 feet, and a central angle of 10°01'45" for a distance along the curve of 136.11 feet; the chord of said curve bears N 70°57'32" W a distance of 135.93 feet; • 15. thence N 65°56'40" W 288.79 feet; 16. thence along the arc of a curve to the right having a radius of 934.49 feet, and a central angle of 12°43'09" for a distance along the curve of 207.45 feet; the chord of said curve bears N 59°35'05" W a distance of 207.03 feet; 17. thence N 53°13'30" W 363.38 feet to a point on the west line of Lot 26 of said Section 29; thence N 00°30'27" E 619.90 feet along the west line of said Lot 26 to the northwest corner of said Lot 26; thence N 90°00'00" W 65.41 feet to a fence post with a pk-nail in the top and accepted as the southwest corner of Lot 20 of said Section 29; thence N 00°34'26" E 2165.03 feet along the accepted west line of Lots 20, 16, and 8 of said Section 29 to a red plastic cap (P.L.S. 27929); thence N 00°32'35" E 431.30 feet to the southwest corner of a parcel of land described in Book 527, Page 951 in the office of the Garfield County Clerk and Recorder; thence along the southerly boundary of said parcel of land described in Book 527, Page 951 S 89°32'20" E 431.36 feet; thence the following two courses along the Southerly boundary of a parcel of land described in Book 872, Page 768 in the office of the Garfield County Clerk and Recorder: 1. thence S 50°51'48" E 497.50 feet; 2. thence S 57°58'21" E 57.39 feet to a point on the Southerly boundary of a parcel of land described in Book 915, Page 112 in the office of the Garfield County Clerk and Recorder; thence S 57°58'21" E 305.00 feet along the Southerly boundary of said parcel of land described in Book 915, Page 112; thence S 33°33'03" E 149.53 feet along the Southwesterly boundary of a parcel of land described in Book 621, Page 219 in the office of the Garfield County Clerk and Recorder; • thence S 81°36'23" E 135.95 feet along the Southerly boundaries of parcels of land described in 3 Book 621, Page 219 and Book 965, Page 509 in the office of the Garfield County Clerk and Recorder to a point on the boundary of said parcel of land described in Book 965, Page 509; thence the following three courses along the southeasterly boundary of said parcel described in Book 965, Page 509: 1. thence S 81°42'23" E 302.25 feet; 2. thence N 05°12'20" E 149.94 feet; 3. thence along the arc of a curve to the right having a radius of 55.23 feet, and a central angle of 40°33'24" for a distance along the curve of 39 09 feet; the chord of said curve bears N 25°28'41" E a distance of 38.28 feet to a point on the southerly boundary of a parcel of land described in Book 808, Page 803 in the office of the Garfield County Clerk and Recorder; thence the following three courses along the easterly boundary of said parcel described in Book 808, Page 803: 1. thence S 81°42'37" E 123.19 feet; 2. thence N 21°00'23" W 820.84 feet to a point on the south line of said Section 20 whence the South Quarter Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933) bears N 88°32'13" W 248.98 feet; 3. thence N 21°00'23" W 137.24 feet to a point on the northerly right-of-way of Garfield County Road 115; thence the following two courses along the northerly right-of-way of said County Road 115: 1. thence along the arc of a non -tangent curve to the right having a radius of 5288.82 feet, and a central angle of 02°43'04" for a distance along the curve of 250.87 feet; the chord of said curve bears N 73°59'48" W a distance of 250.84 feet; 2. thence N 72°38'16" W 1244.87 feet to a point on the accepted east line of Lot 4 of said Section 20 whence the southeast corner of a parcel of land recorded under reception number 467225 in the office of the Garfield County Clerk and Recorder being a red plastic cap (P.L.S. 27613) found in place and accepted as a point on the east line of said Lot 4 bears S 01°51'02" W 9.41 feet; thence N 01°51'02" E 490.79 feet along the accepted east line of said Lot 4 to the northeast corner of said Lot 4 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°18'52" W 1429.59 feet along the north line of said Lot 4 and Lot 3 of said Section 20 to the northwest corner of said Lot 3 whence the Southwest Corner of said Lot 20 being a 2-1/2 inch Aluminum Cap (P.L.S. 27929) found in place bears S 00°0631" E 1008.11 feet; thence N 00°06'31" W 1630.93 feet along the west line of said Section 20 to the West Quarter Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 00°04'12" E 2632.88 feet along the west line of said Section 20 to the Northwest Corner of said Section 20 being the POINT OF BEGINNING containing 6115.406 acres more or less, prior to the following five excepted parcels: EXCEPTING THE FOLLOWING FIVE PARCELS: 1) MIDDLE EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in the West Half of Section 29 and the Northwest Quarter of Section 28, 4 • • Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being further described as follows- Beginning at a point on the easterly line of said Section 29 whence the Northeast Corner of Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°09'28" E 1250.72 feet thence S 01°09'23" W 346.32 feet along the east line of said Section 29 to a point on the northerly line of a parcel of land described in Book 495, Page 596 in the office of the Garfield County Clerk and Recorder, whence the west Quarter Corner of said Section 28 being a 3 inch Aluminum Cap (County Surveyor) bears S 01°09'28" E 987.24 feet; thence S 88°09'03" E 557.11 feet along the northerly line of said parcel of land described in Book 495, Page 596 to a point on the southerly right-of-way line of Garfield County Road 115; thence along the arc of a curve to the left having a radius of 826.12 feet, and a central angle of 17°50'11" for a distance along the curve of 257.17 feet; the chord of said curve bears S 64°07'08" E a distance of 256.14 feet along the southerly right-of-way of said County Road 115; thence S 73°02'14" E 43.18 feet continuing along the southerly right-of-way line of said County Road 115 to a point in the easterly line of said parcel of land described in Book 495, Page 596; thence S 00°01'52" W 114.31 feet along the easterly boundary of said parcel of land described in Book 495, Page 596 to the southeast corner of said parcel of land described in Book 495, Page 596; thence the following four courses along the Southerly Boundary of said parcel of land described in Book 495, Page 596: 1. thence N 89°58'08" W 327.05 feet; 2. thence S 54°10'41" W 185.54 feet; 3. thence N 42°16'19" W 154.20 feet; 4. thence S 59°30'35" W 216.33 feet to a point on the boundary of a parcel of land described in • Book 988, Page 802 in the office of the Garfield County Clerk and Recorder; thence the following six courses around the easterly, northerly, and southerly boundaries of said parcel of land described in Book 988, Page 802: 1. thence S 13°45'40" E 111.74 feet; 2. thence S 89°58'08" E 101.60 feet; 3. thence S 00°01'52" W 69.06 feet; 4. thence S 88°48'28" E 25.57 feet; 5. thence S 00°37'24" E 148.37 feet; 6. thence S 14°45'31" E 57.78 feet; thence S 58°03'40" W 625.36 feet along the southerly boundaries of parcels of land described in Book 988, Page 802 and Book 736, Page 345 in the office of the Garfield County Clerk and Recorder to a point on the southerly boundary of said parcel of land described in Book 736, Page 345; thence along the southerly and westerly boundaries of said parcel of land described in Book 736, Page 345 the following five courses: 1. thence N 74°53'28" W 35.87 feet; 2. thence N 66°59'35" W 380.19 feet; 3. thence N 50°53'55" W 27.02 feet; 4. thence N 25°54'08" W 19,09 feet; 5. thence N 05°08'09" W 580.16 feet to a point on the westerly boundary of a parcel of land described in Book 886, Page 329 in the office of the Garfield County Clerk and Recorder; thence along the westerly and northerly boundaries of said parcel of land described in Book 886, Page • 329 the following three courses: 1. thence N 05°36'42" W 538.91 feet 2. thence N 04°18'35" W 374.95 feet, 3. thence N 82°52'22" E 323.76 feet to a point on the southerly right-of-way line of said Garfield County Road 115; thence along the said right-of-way line the following three courses: 1. thence along the arc of a non -tangent curve to the left having a radius of 993.47 feet, and a central angle of 03°01'08" for a distance along the curve of 52.35 feet; the chord of said curve bears S 34°41'10" E a distance of 52.34 feet; 2. thence along the arc of a curve to the left having a radius of 480.00 feet, and a central angle of 36°06'40" for a distance along the curve of 302.52 feet; the chord of said curve bears S 54°15'04" E a distance of 297.54 feet; 3. thence S 72°18'24" E 273.90 feet to the POINT OF BEGINNING containing 33.499 acres more or less. 2) EAST EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in Section 28, Township 6 South, Range 88 West, of the Sixth Principal Meridian being more particularly described as follows: Beginning at the South Quarter Corner of Section 28 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°33'15" W 1084.24 feet along the south line of Section 28 to a point on the westerly boundary of a parcel of land described in Book 938, Page 691 in the office of the Garfield County Clerk and Recorder; whence the Southwest Corner of Section 28 being a 3 inch County Surveyor Aluminum Cap found in place bears S 88°33'15" E 1495.74 feet; thence N 01°00'28" E 2568.63 feet along the westerly boundary of said parcel of land described in Book 938, Page 691 to a point on the westerly boundary of a parcel of land described in Book 638, Page 941 in the office of the Garfield County Clerk and Recorder; thence N 01°01'12" E 691.65 feet along the westerly boundary of said parcel of land described in Book 638, Page 941 to a point on the southerly right-of-way line of Garfield County Road 115; thence along the southerly right-of-way line of said County Road 115 the following seven courses: 1. along the arc of a non -tangent curve to the right having a radius of 594.56 feet, and a central angle of 41°58'28" for a distance along the curve of 435.57 feet; the chord of said curve bears S 43°10'12" E a distance of 425.90 feet; 2. thence S 22°10'58" E 307.62 feet; 3. thence along the arc of a curve to the left having a radius of 1421.75 feet, and a central angle of 15°49'57" for a distance along the curve of 392.87 feet; the chord of said curve bears S 30°05'57" E a distance of 391.63 feet; 4. thence along the arc of a curve to the right having a radius of 370.00 feet, and a central angle of 32°43'14" for a distance along the curve of 211.30 feet; the chord of said curve bears S 21°39'19" E a distance of 208.44 feet; 5. thence along the arc of a curve to the left having a radius of 2437.42 feet, and a central angle of 28°42'24" for a distance along the curve of 1221.22 feet; the chord of said curve bears S 19°38'54" E a distance of 1208.48 feet; 6 • 6. thence S 34°00'06" E 1152.91 feet; 7. thence along the arc of a curve to the left having a radius of 430.00 feet, and a central angle of 23°03'17" for a distance along the curve of 173.02 feet; the chord of said curve bears S 45°31'45" E a distance of 171.86 feet to a point on the south line of Section 28; whence the Southeast Corner of Section 28 being a 2-1/2 inch GLO Brass Cap found in place bears S 86°11'17" E 1745.44 feet; thence N 86°11'17" W 829.99 feet along the south line of Section 28 to the POINT OF BEGINNING containing 67.914 acres more or less. 3) SECTION 15 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land being the Northwest Quarter of the Southwest Quarter of Section 15, Township 6 South Range 88 West, of the Sixth Principal meridian, said parcel being further described as follows: Beginning at the West Quarter corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place, thence N 89°51'07" E 1323.59 feet along the North line of the NW1/4SW1/4 of said Section 15 to the northeast corner of the NW1/4SW1/4 of said Section 15; thence S 00°01'49" E 1540.50 feet along the East line of the NW1/4SW1/4 of said Section 15 to the Southeast Corner of the NW1/4SW1/4; thence S 89°58'25" W 1323.59 feet along the south line of the • NW1/4SW1/4 of said Section 15 to the southwest corner of the NW1/4SW1/4 of said section 15; whence the Southwest Corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place bears S 00°01'49" E 1537.70 feet; thence N 00°01'49" W 1537.70 feet along the west line of the NW1/4SW1/4 of said section 15 to the northwest corner of the NW1/4SW1/4 of said section 15 being the POINT OF BEGINNING containing 46.766 acres more or less. 4) GARFIELD COUNTY ROAD 115 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in Sections 20, 29, 28, 33, and 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being a 60 foot wide right-of-way extending thirty feet on each side of the centerline for Garfield County Road 115, said centerline being further described as follows: Beginning at a point from whence the Southwest corner of said Section 20 bears S89°59'26"W a distance of 2853.70 feet, said section corner being a 2-1/2 inch Aluminum Cap found in place; thence along the arc of a curve to the left having a radius of 5318.82 feet, and a central angle of 04°16'52" for a distance along the curve of 397.42 feet; the chord of said curve bears S 77°43'40" E a distance of 397 32 feet; • thence S 79°52'05" E 121.04 feet to a point along the section line common to said Sections 20 7 and 29 from whence the Quarter corner common to said Sections 20 and 29 being a Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears N88°32'13"W 720.55 feet; thence S 79°52'05" E 331.86 feet; thence along the arc of a curve to the right having a radius of 900.00 feet, and a central angle of 20°29'08" for a distance along the curve of 321.79 feet; the chord of said curve bears S 69°37'31" E a distance of 320.08 feet; thence S 59°22'57" E 217.30 feet; thence along the arc of a curve to the right having a radius of 1081.34 feet, and a central angle of 35°38'00" for a distance along the curve of 672.50 feet; the chord of said curve bears S 41°33'57" E a distance of 661.72 feet; thence S 23°44'57" E 73.66 feet; thence along the arc of a curve to the left having a radius of 963.47 feet, and a central angle of 12°26'47" for a distance along the curve of 209.29 feet; the chord of said curve bears S 29°58'21" E a distance of 208.88 feet; thence along the arc of a curve to the left having a radius of 450.00 feet, and a central angle of 36°06'40" for a distance along the curve of 283.62 feet; the chord of said curve bears S 54°15'04" E a distance of 278.95 feet; thence S 72°18'24" E 264.99 feet to a point along the section line common to said Sections 28 and 29 from whence the Northeast corner of said Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears N01°09'28"E 1219.42 feet; thence S 72°1824" E 167.61 feet; thence along the arc of a curve to the right having a radius of 377.41 feet, and a central angle of 25°33'14" for a distance along the curve of 168.32 feet; the chord of said curve bears S 59°31'47" E a distance of 166.93 feet; thence S 46°45'10" E 235 64 feet; thence along the arc of a curve to the left having a radius of 796.12 feet, and a central angle of 26°17'03" for a distance along the curve of 365.22 feet; the chord of said curve bears S 59°53'42" E a distance of 362.02 feet; thence S 73°02'14" E 636.67 feet; thence along the arc of a curve to the right having a radius of 624.56 feet, and a central angle of 8 • • • 50°51'15" for a distance along the curve of 554.35 feet; the chord of said curve bears S 47°36'36" E a distance of 536.33 feet; thence S 22°10'58" E 307.62 feet; thence along the arc of a curve to the left having a radius of 1391.75 feet, and a central angle of 15°49'57" for a distance along the curve of 384.58 feet; the chord of said curve bears S 30°05'57" E a distance of 383.36 feet; thence along the arc of a curve to the right having a radius of 400.00 feet, and a central angle of 32°43'14" for a distance along the curve of 228.43 feet; the chord of said curve bears S 21°39'19" E a distance of 225.34 feet; thence along the arc of a curve to the left having a radius of 2407.42 feet, and a central angle of 28°42'24" for a distance along the curve of 1206.18 feet; the chord of said curve bears S 19°38'54" E a distance of 1193.61 feet; thence S 34°00'06" E 1152.91 feet; thence along the arc of a curve to the left having a radius of 400.00 feet, and a central angle of 25053111" for a distance along the curve of 180.72 feet; the chord of said curve bears S 46°56'42" E a distance of 179.19 feet; thence S 59°53'17" E 38.40 feet to a point along the section line common to said Sections 28 and 33 from whence the Quarter corner common to said Sections 28 and 33 being a Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears N86°1 l'17"W 896.52 feet; thence S 59°53'17" E 421.00 feet; thence along the arc of a curve to the right having a radius of 779.79 feet, and a central angle of 35°42'49" for a distance along the curve of 486.06 feet; the chord of said curve bears S 42°01'52" E a distance of 478.23 feet; thence S 24°10'27" E 644.62 feet; thence along the arc of a curve to the right having a radius of 882.82 feet, and a central angle of 26°58'38" for a distance along the curve of 415.67 feet; the chord of said curve bears S 10°41'09" E a distance of 411.84 feet; thence S 02°48'10" W 238.01 feet; thence along the arc of a curve to the left having a radius of 729.53 feet, and a central angle of 37°41'54" for a distance along the curve of 480.00 feet; the chord of said curve bears S 16°02'47" E a distance of 471.39 feet; 9 thence along the arc of a curve to the Left having a radius of 200.00 feet, and a central angle of 53°37'43" for a distance along the curve of 187.20 feet; the chord of said curve bears S 61°42'35" E a distance of 180.44 feet; thence along the arc of a curve to the left having a radius of 2171.07 feet, and a central angle of 08°19'31" for a distance along the curve of 315.47 feet; the chord of said curve bears N 87°18'48" E a distance of 315.19 feet to a point along the section line common to said Sections 33 and 34 from whence the Northeast corner of said Section 33 being a 2-1/2 inch GLO Brass Cap found in place bears N0l°30'32"E 2209.86 feet; thence along the arc of a curve to the left having a radius of 2171.07 feet, and a central angle of 15°20'11'' for a distance along the curve of 581.13 feet; the chord of said curve bears N 75°28'57" E a distance of 579.40 feet; thence along the arc of a curve to the right having a radius of 280.00 feet, and a central angle of 55°26'50" for a distance along the curve of 270.97 feet; the chord of said curve bears S 84°27'44" E a distance of 260.52 feet; thence S 56°44'19" E 393.81 feet; thence along the arc of a curve to the left having a radius of 669.07 feet, and a central angle of 21°39'21" for a distance along the curve of 252.89 feet; the chord of said curve bears S 67°34'00" E a distance of 251.38 feet from whence the said Northeast corner of Section 33 bears N28°52' 13 "W 2741.66 feet; Such parcel being a 60 foot right-of-way (30 feet on each side of the above described centerline) contains 18.195 acres more or less. The right-of-way lines of said right-of-way shall be prolonged or shortened to begin and end on and conform to the property boundary lines. 5) GARFIELD COUNTY ROAD 114 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in the Northeast Quarter of Section 33, Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being the right-of-way for Garfield County Road 114 and the intersection of Garfield County Road 114 with Garfield County Road 115, said parcel being further described as follows: Beginning at a point on the southern line of the Northeast Quarter of said Section 33 whence the East Quarter Corner for said Section 33 being a Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears S 88°27'45" E 551.40 feet said point also being a point on the easterly right-of-way of Garfield County Road 114; 10 • • • thence N 88°27'45" W 77.11 feet along said southern line of the Northeast Quarter to a point on the westerly boundary of said County Road 114, whence the Center Quarter for said Section 33 being a 2 -1/2 -inch Aluminum Cap found in place bears N 88°27'45" W 1883.48 feet; thence the following two courses along the westerly right-of-way of said County Road 114. 1. N 40°27'03" E 99.05 feet; 2. thence along the arc of a curve to the left having a radius of 270.00 feet, and a central angle of 69°20'35" for a distance along the curve of 326.77 feet; the chord of said curve bears N 05°46'46" E a distance of 307.19 feet to a point on the southerly right-of-way of Garfield County Road 115; thence the following three courses along the southern right-of-way of County Road 115 1. along the arc of a non -tangent curve to the left having a radius of 759.53 feet, and a central angle of 06°00'12" for a distance along the curve of 79.58 feet; the chord of said curve bears S 31°53'38" E a distance of79.55 feet; 2. thence along the arc of a curve to the left having a radius of 230.00 feet, and a central angle of 53°37'43" for a distance along the curve of 215.28 feet; the chord of said curve bears S 61°42'35" E a distance of 207.51 feet; 3. thence along the arc of a curve to the left having a radius of 2201.07 feet, and a central angle of 03°41'58" for a distance along the curve of 142.12 feet; the chord of said curve bears N 89°37'34" E a distance of 142.09 feet to a point on the easterly right-of-way of Garfield County Road 114; thence the following two courses along the easterly right-of-way of County Road 114: 1. along the arc of a non -tangent curve to the left having a radius of 470.00 feet, and a central angle of 47°19'32" for a distance along the curve of 388.21 feet; the chord of said curve bears S 64°06'49" W a distance of 377.27 feet; 2. thence S 40°27'03" W 70.18 feet to the point of beginning containing 0.755 acres more or less. The right-of-way lines of said right-of-way shall be prolonged or shortened to begin and end on and conform to the property boundary lines. The Spring Valley Ranch total area minus the five exceptions is 5948.277 acres more or less. 2778357_1 DOC (3/16/01) 11 /1/ Area within Spring Valley Ranch PUD where wells can be drilled,which are tributary to the Spring Valley Aquifer Ircb '\! )• • 1. • ; ),,* .44 \ % (Of • .-• • -•i. 4t.;••"1,-• - • .14 • •• Wright Water Engineers, Inc. P.O. Box 219 818 Colorado Avenue Glenwood Springs, CO 81602 Phone: (970) 945-7755 Fax: (970) 945-9210 • 1.-• \. /-• t•••••• / :7 1 I • i?`": 74.r..71% 4' ,.4.44.44,7 4 .4• 1.t.)frt: \ I \ . ) Exhibit B Spring Valley Ranch 98CW255 Drawn: pRO/USGS Check: WLL Date: November 2.2001 Scale: NTS DISTRICT COURT, WATER DIVISION N0. 5, COLORADO ----------------------------------------------------------------- Application_Nod-84CW212-------------------------------------------------------- RULING OF REFEREE --------------------------CATION FOR WATER RIGHTS OF BASALT WATER CONSERVANCY DEGARFIELD IN THE MATTER OF THE ROAAPPRING DISTRICT, IN THE ROARING FORK RIVER, AND IRS TRIBUTARIES, IN EAGLE COUNTIES The above entitled Application was filed on June 29. 1984, and was Court on the 23rd day of July, 1984, in referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Re�e�eorhaving th�statementsde such VentthetAPPlication are ions as art necessary to determine whet true and having become fully advised owin de�rmination andto the JRulingtasrthe of the Application does hereby make the following Referee in this matter, to -wit: 1. The statements in the Application are true. 2. The naves of the structures involved hereare: (a) Basalt Conduit, vsc (b) -Hopkins Spring No. 1, a op` ✓ (c) - Hopkins Spring No. 2, o.47p2w 4.3 (d) Spring Valley Well No. 1, f.:.74,?! (e) Spring Valley Ranch Well No. 2,0.0!1 (f) Spring Valley Ranch Well No. 3, o,,ar „Lc S Y H Well No. 5, (h) S V H Well No. 6, (i) S Y H Well No. 7, (j) S V H Well No. 8, (k) S V H Well No. 9, and (1) S V H Well No. 10. 3. The naves and address of the Applicants: Basalt Water Conservancy District r Spring Palley Holding c/o Scott Balcomb Delaney and Balcomb, P.C. P. 0. Drawer 790 Glenwood Springs, Colorado • Basalt Water Conservancy Dist. 84CW212 Ruling of Referee Page No. 2 4. The sources of the water for the structures are: the (a) Basalt ConPanduit - River,the source of tributary to thee is Roaring Fork River. Frying (b) Hopkins Spring No. 1 - the source of the water is a spring tributary to an unnamed tributary of Spring Valley, tributary to Red Canyon, tributary to the Roaring Fork River. (c) Hopkins Spring Not2an unnamcdrce of the trlbutary ofter is Springa spring tributary to Palley, tributary to Red Canyon, tributary to the Roaring Fork River. (d) Spring Valley Well No. 1 - the source of the water is a well having a depth of 300 feet, and being tributary to Landis Creek, tributary to Red Canyon, tributary to the Roaring Fork River. (e) Spring Yalley Ranch Well No. 2 - the source of the water is a we l 1 having a depth of 32 feet and being tributary to Landis Creek, tributary to Spring Valley, tributary to Red Canyon, tributary to the Roaring Fork River. (f) Spring Yalley Ranch Well No. 3 - the source of the water is a well having a depth of 80 feet and being tributary to Spring Valley, tributary to Red Canyon, tributary to the Roaring Fork River. S V H Well No. 5 - the source of the water is a well having a depth of 350 feet, and being tributary to Spring Yalley, tributary to Red Canyon, tributary to the Roaring Fork River. (h)_ S Y H Well No. 6 - Same as S V H Well No. 5. (i) S Y H Well No. 7 - Same as S Y H Well No. 5. (g) (j) SYHWe11 No. 8 - having a depth of unnamed tributary Canyon, tributary (k) S Y H Well No. 9 - (1) S Y H Well No. 10 the source of the water is a well 350 feet and being tributary to an of Spring Yalley, tributary to Red to the Roaring Fork River. Same as 5 V H Well No. 8. - Same as S Y H Well No. 8. • • 3asalt Water Conservancy Dist. 84CW21Z Ruling of Referee Page No. 3 5. The legal descriptions of the locations of the structures are as follows: (a) Basalt Conduit - the headgatt and point of diversion is ocated on the left side of the Frying Pan River at the head of the outlet tube for the RuedR8Reser the rvoir whence the Southwest Corner of Section 7, TBS. bears N79'00' W at a distance of 2,017.1 feet. (b) Hookins Sprin No. 1 is located in the SW1/4NW1/4ofence f ection 22. 6 , W of the 6th P. M. at a point the Southwest Corner of said Section 22 bears S15'24'W 3,055.92 feet. (c) Hopkins Sorin: No. 2 is located in the NE1/4SW1/4 of ection 22, , SW of the 6th P. M. at a point whence the Southwest Corner of said Section 22 bears S49°36W 3,159.58 feet. (d) Sorin: Valle Hell No. 1 is located in the SKI/4NE1/4 of Te -Ft -1-071-1§88W Northeast Corner off said Sectthe 6th ion M. apoint on29bearsN45°00'E ce the 2,800 feet. (e) Sorin: Valle Ranch Well No. 2 is located in the pottiwh4 of thecNoortheastT6S, R88W Corner of f said e saidSection 29 bears point whence N51°30'E 2,050 feet. (f) Spring Valley Ranch Well No. 3 is located in the SE1/4NW1/4 of Section 29, T6S, R88W of the 6th P. M. at a point feestline of saidSection29 50fif�et SNnand 2,600 feet East o S V H Well No. 5 is located in the SWI/4NE1/4 of Section 29, T6S, R88W of the 6th P. M. at a point 1,600 feet South of the North_ line and 1,500 feet West of the East line of said -Section 29. (h) S V H Well No. 6 is located in the SW1/4NE1/4 offSeSection t onth 29, T6S, R88W of the 6th P. M. at a point of the North line and 2,400 feet West of the East line of said Section 29. (i) S V H Well No. 7 is located in the NE1/4NE114of ection on 29, T6S, R88W of the 6th P. M. at a pointfeet of the North line and 1,200 feet West of the East line of said Section 29. (9) Basalt Water Conservancy Dist. 84Cii212 Ruling of Referee Page No. 4 (j) S V H Well No. 8 is located in the NW1/411W1/4 of Section or the 6th P. M. at a point 800 feet South of the North line and 700 feet East of the West line of said Section 27. (k) S V H Well No. 9 is located in the KW1/4NW1/4 of Section ' Wline the and6th ,050 feettEasLpoint thel00 Westejlnet South of the North said Section 27. (1) S V H Well No. 10 is located in the SE1/4NW1/64 ofeSectionh on W o the 6th P. K. at a point of the North line and 1,550 feet East of the West line of said Section 27. 6. (a) Basalt Conduit - On June 20, 1958, in Civil Action No. 4613, the Garfield County District Court awarded to the Basalt Conduit as a part of the Basalt Project, Project No. 511, Priority No. 718, a conditional water right for 450 cubic feet of water per seconc of time, to be used for the generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial and industrial uses, with appropriation date of July 29, 1957. (b) Hopkins Spring No. 1 - On January 27, 1978, in Case No. W-3121, 'the Water Referee for Water Division No. 5 awarded to Hopkins Spring No. 1, an absolute water right for 0.0614 cubic foot of water per second of time, to be used for irrigation, livestock water and domestic purposes, with appropriation date of June 30, 1900. This Ruling of Referee was confirmed and made a Decree of the Court on May 19, 1978. (c) Hopkins Spring No. 2 - On August 22, 1977, in Case No. W-3122, the Water Referee for Water Division No. 5 awarded to Hopkins Spring No. 2, an absolute water right for 0.0924 cubic foot of water per second of time, to be used for irrigation nd twas confirmedwith andappropriation Decreedate of theJCourtOon 1900. This Ruling offReferee November 7, 1977. (d)_ Spring Palley Well No. 1 - On March 31, 1978, in Case No. W-3298, the Water Referee for Water Division No. 5 awarded to Spring Valley Well No. 1, a conditional water right for 0.67 cubic foot of water per second of time. to be used for irrigation, livestock water, domestic and municipal purposes, with appropriation date of December 7, 1976. This Ruling of Referee was confirmed and made a Decree of the Court on May 18, 1978. (e) Spring Palley Ranch Well No. 2 - On March 31, 1978, in Case No. W-3549, the Water Referee for Water Division No. 5 awarded to Spring Valley Ranch Well No. 2, an absolute water right for 0.033 cubic foot of water per second of time for irrigation, livestock water and domestic purposes, and a • Basalt Water Conservancy Dist. 84CW212 Ruling of Referee Page No. 5 conditional water right for the same water to be used for municipal purposes, with appropriation date of December C31, 1941. This Ruling of Referee was confirmed and made a Decree of the 8. (f) Spring Palley Ranch Well No. 3 - On August 10, 1978, in Case No. W-3702, the Water Referee for Water Division fNo. 050awardeict S foopringwValleyer Ranch Well No. 3, a conditional water rightpurposes, with second of time, to be used for domestic and Rulingno��feTee was confirmed appropriation date of November 17, and made a Decree of the Court on October 17, 1978. (g) On December 27, 1982, Spring Palley Holding Co., Ltd., filed Application Nos. 82CW390 through 82CW3395,j for underground unds aterprr ightsofor reS V H Well No. 5 through S V H Well No. I filed to these Applications, and on March 29, 1983, the Applications were re-referred by the Water Referee to the Water Judge for Water Division No. 5. These Applications are still pending in the Water Court for Water Division No. 5. 7. On June 29, 1984, the Applicants herein filed an Application for Change of Water Right in which 6.Qtcubicrequested feet of wateraperrsccondoofttime of the of diversion be established for water previously awarded to the Basalt Conduit under Priority No. 718, at the points of diversion of the two springs and nine wells as described in Paragraphs 5 and 6 above. 8. No Statements of Opposition have been filed in this Case, and the Statutory time for filing Statements of Opposition has expired. 9. The change of water rentitledrequested useherein water undernot vestedinjuriously water right affect the owner of or persons or decreed conditional water right, and the Applications should be granted pursuant to C.R.S. 37-92-305(3). The Referee does therefore conclude that the above -entitled Application for Change of Water Right should be granted and that alternate points diversion should be and hereby are established at the points of diversion of the two springs and nine wells as listed and described hereinabove, for 6.0 cubic feet of water per second of X18 infCivil Action No.e water ously 4b13;awarded to pT'ovided, the Basalt Conduit under Priority No. however, that the amount of water diverted instantaneously at any of the alternate points of diversion shall not exceed the amount of water decreed to that structure by the Water Court. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk, subject to Judicial review. • Basalt Water Conservancy Dist. 84CM21Z Ruling of Referee Page No. 6 It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated Af1�I��T BY THE REFEREE: eree Mater Division No. 5 State of Colorado No protest was filed in this ode L}�a j�dac�nentdandly the Decreef ofethi sgcourt�;g is confirmed and approved, and is mat provided however, that the approen��rthis Judge ongthef question oni oft injury to the shall be subject to reconsideration by Water commencing in the two calendar years vested rights of others during any hearing succeeding the year in which the change of wateright /is implemented. Dated c c-fcbe.i7/ s . �ater Judge \ • L �_t^ i:'.1. 5 • Exhibit F • • ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) and Case no. 98CW258 on the condition that this well is operated in accordance with the Augmentation Plan approved by the Division 5 Water Cow t in case no. 98CW254 and pursuant to Case no. 98CW255 as an alternate point of diversion to the Basalt Conduit . If this well is not operated in accordance with the terms of said decrees, it will be subject to administration including orders to cease diverting water. 4) The use of ground water from this well Is limited to domestic including inside single family dwellings, commercial, imgaiton of lawns and garden, shrubs, trees and golf course and open space and fire protection associated with the Spring Valley Ranch water supply system. A detailed description of the uses intended for the water withdrawn from the subject wells is described in detail in the decree in Case no. 98CW254. The well Is to be known as SVR 17. 5) The pumping rate of this well shall not exceed 75 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 60 acre-feet. The total annual diversions for this well and all other structures fisted in paragraph 5 of Case no. 98CW254 are limited such that the total estimated annual consumptive use resulting from the diversions from said structures must not exceed 974 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) This well shall be constructed at least 600 feet from any existing well, completed In the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 251755/y" Page 1 of 2 PROVED JV For State Engineer Receipt No. 9502537A DATE ISSUED ‘,/ 09-26-07 10:13AM FROM -Colo Div of Water Resources +3038663589 T-837 P.002/007 F-547 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 918 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303)868-3581 EXST WELL PERMIT NUMBER 66297 -F DIV. 5 WD 38 DES. BASIN MD SPRING VALLEY HOLDINGS LLC 1 CALIFONIA STREET 22ND FLOOR SAN FRANCISCO, CA 94111- (415) 568-9500 PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 33 Township 6 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 300 Ft. from North Section Line 400 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: 09-25-2007 EXPIRATIO DATE 09-25-2008 By u9 -Z5-07 10:13AM FROM -Colo Div of Water Resources +3038663589 T-837 P 003/007 F-547 Receipt No. 9502537A WELL PERMIT NUMBER 66297 -F Page 2 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL NOTE: Unless a completed Well Completion Report (GWS -31) anti Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional information or refer to the extension request form (GWS -64) available at: http://www.water.stiite.co.us/pubs/forms/gws-e4,pdf. NOTICE: This permit is not Issued for Industrial, municipal, construction, livestock, recreation, aesthetic, fish and wildlife uses as these uses were not augmented and/or not described in water court cases in the above paragraphs. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (50) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 108, C.R.S.). 1!"" • • 09-26-07 10:14AM FROM -Colo Div of Water Resources +3038663589 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.. 1313 Sherman St , Denver, Colorado 80203 (303)888.3581 T-837 P 004/007 F-547 EXST WELL PERMIT NUMBER 66298 -F DIV. 5 WD 38 DES, BASIN MO SPRING VALLEY HOLDINGS LLC 1 CALIFONIA STREET 22ND FLOOR SAN FRANCISCO, CA 94111- (415) 568-9500 PERMIT TO USE AN EXISTING WELL 1 APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 21 Township 6 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 2105 Ft. from South 500 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used In such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has bean granted by the State Board of Examiners 01 Water WeII Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) and Case no. 98CW256 un the condition that this well is operated in accordance with the Augmentation Plan approved by the Division 5 Water Couit in case no. 98CW254 and pursuant to Case no. 98CW255 as an alternate point of diversion to the Basalt Conduit . If this well is not operated in accordance with the terms of said decrees, it will be subject to administration including orders to cease diverting water. 4) The use of ground water from this well is limited to domestic including inside single family dwellings, commercial, irrigaiton of lawns and garden, shrubs, trees and golf course and open space and fire protection associated with the Spring Valley Ranch water supply system. A detailed description of the uses intended for the water withdrawn from the subject wells is described in detail in the decree in Case no. 98CW254. The well is to be known as ASR 13. 5) The pumping rate of this well shall not exceed 100 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 50 acre-feet. The total annual diversions for this well and all other structures listed in paragraph 5 of Case no. 98CW254 are limited such that the total estimated annual consumptive use resulting from the diversions from said structures must not exceed 874 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) This well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) This well was originally installed as a monitoring hole/well with a well permit number MH -3517 Page 1 of 2 IPPROVED JV For StatetUg er By Receipt No. 9502537B DATE ISSUED 09-25-2007 XPIRATION DATE 09-25-2008 , J -LU -UI IU:I4AM rmuM-Loco uiv of Water Resources +3038663589 T-837 P 005/007 F-547 Receipt No. 9502537B WELL PERMIT NUMBER 66298 -F Page 2 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL NOTE: Unless a completed Well Completion Report (GWS -31) and Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date, An extension of the expiration date may be available. Contact DWR for additional information or refer to the extension request form (GWS -64) available at: http://www.water.strife.co.us/pubs/forms/gws-84.pdf. NOTICE: This permit is not issued for industrial, municipal, constniction, livestock, recreation, aesthetic, fish and wildlife uses as these uses were not augmented and/or not described in water court cases in the above paragraphs. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.).7 J 09-26-07 10:14AM FROM -Colo Div of Water Resources Form No. GWS -25 APPLICANT +3038663589 T-837 P 006/007 F-547 OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.. Denver, Colorado 80203 (303) 966.3581 EXST WELL PERMIT NUMBER 66299 -F DIV. 5 WD 38 DES. BASIN MD SPRING VALLEY HOLDINGS LLC 1 CALIFONIA STREET 22ND FLOOR SAN FRANCISCO, CA 94111- (415) 568-9500 PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 22 Township 6 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 1150 Ft. from South Section Line 670 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of this permit does not ensure that no injury will occur to another vested water riciht or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402.2, unless approval of a variance has been granted by the State Board of Examiners or Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-80-137(2) and Case no. 98CW256 on the condition that this well is operated in accordance with the Augmentation Plan approved by the Division 5 Water Court in case no. 98CW254 and pursuant to Case no. 98CW255 as an alternate point of diversion to the Basalt Conduit . If this well is not operated in accordance with the terms of said decrees, it will be subject to administration including orders to cease diverting water. 4) The use of ground water from this well is limited to domestic Including inside single family dwellings, commercial, irrigaiton of lawns and garden, shrubs, trees and golf course and open space and fire protection associated with the Spring Valley Ranch water supply system. A detailed description of the uses intended for the water withdrawn from the subject wells is described in detail in the decree in Case no. 98CW254. The well is to be known as ASR 14. 5) The pumping rate of this well shall not exceed 100 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 50 acre-feet. The total annual diversions for this well and all other structures listed in paragraph 5 of Case no. 98CW254 are limited such that the total estimated annual consumptive use resulting from the diversions from said structures must not exceed 874 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. A totalizing flow meter must be installed on thls well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. This well shall be constructed at least 800 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. This well shall be constructed not more than 200 feet from the location specified on this permit. This well was originally installed as a monitoring hole/well with a well permit number MH -3517 Page 1 of 2 8) 9) 10) 11) r/t 8 C - 41( For State Engineer Recei.t No. 9502537C DATE ISSUED 09.25- ?007 EXPIRATION DATE 09-25-2008 , 1 09-Z6-07 10:14AM FROM -Colo Div of Water Resources +3038663589 T-837 P 007/007 F -54T [Receipt No. 9502537C WELL PERMIT NUMBER 66299 -F Page 2 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL NOTE: Unless a completed Well Completion Report (GWS -31) and Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact QWR for additional information or refer to the extension request form (GWS -64) available at: http://www.water.state.co.us/pubs/forms/gws-84.pdf. NOTICE: This permit Is not Issued for Industrial, municipal, construction, livestock, recreation, aesthetic, fish and wildlife uses as these uses were not augmented and/or not described in water court cases in the above paragraphs. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (80) days of the date of Issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 108, C.R,S.)•— / .' f s—lz-dm 7 • Exhibit G • • 1 • ASSIGNMENT OF ALLOTMENT CONTRACT NO. 43 BASALT WATER CONSERVANCY DISTRICT FOR VALUE RECEIVED, Spring Valley Development, Inc., a Colorado corporation (f/k/a spen Springs Ranch, Inc.) ("Assignor"), hereby sells, assigns, transfers, and sets over to Spring Valley Holdings, LLC, a Delaware limited liability company ("Assignee") all of Assignor's right, title, and interest in and to that certain Water Allotment Contract with the Basalt Water Conservancy District dated December 20,1984, which Contract allots 6.0 cubic feet of water per second from the District's direct flow rights and 180.00 acre feet of water per year of storage and/or other augmentation water owned or controlled by the District for use on that real property described in Exhibit A, attached hereto and incorporated herein by this reference. This Assignment is conditioned upon the consent thereto by the Basalt Water Conservancy District as hereinbelow provided. Assignee hereby assumes and agrees to pay and perform all of the obligations of the Allottee under said Contract. This Assignment shall be effective upon Assignor's conveyance of the above described property to Assignee. Dated this JLTh day of /i/aJ ,t hit. , 2005. Spring Valley Development, Inc., a Colorado corporation (f/k/a Aspen Springs. Ranch, Inc.), Assignor � By: Print Name: Title: Christopher McKenna Authorized Signatory Spring Valley Holdings, LLC, a Deleware limited liability company, Assignee By: Print Name: C--ho-it (es U. (-ice ��- Title: A v..4'1, a + i t, t..tj Occma- Assignee's Mailing Address: Spring Valley Holdings, LLC One California, 22nd Floof San Francisco, CA 94111 Telephone No. 415.568.9500 0 Iw0.0c.V(e18WCO.C:IFWISISCtN 1( 4141A.61.0m0M 171/. 11.17.03 d. -1- EXHIBIT A LEGAL DESCRIPTION Spring Valley Development, Inc. parcel: A parcel of land located in Section 14, 15, 16, 20, 21, 22, 27, 28, 29, 32, 33, and 34, Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described as follows: Beginning at the Northwest Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933) thence S 88°16'08" E 2627.19 feet along the north line of said Section 20 to the North Quarter Corner of said Section 20 being a 1-1/2 inch Aluminum Cap (L.S. 16835) found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S 88°15'48" E 2625.91 feet along the north line of said Section 20 to the Northeast Corner of said Section 20 being a 2-1/2 inch GLO Brass Cap found in place said corner also being on the west line of said Section 16; thence N 00°00'14" W 2631.77 feet along the west line of said Section 16 to the East Quarter Corner of Section 17, T. 6 S., R. 88 W., 6th P.M. being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°08'04" W 340.70 feet continuing along the west line of said Section 16 to the West Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'47" E. 1047.99 feet continuing along the west line of said Section 16 to the southwest corner of a parcel of land described in Book 448, Page 284 in the office of the Garfield County Clerk and Recorder; thence the following three courses along the boundary of said parcel described in Book 448, Page 284: 1. thence N 89°16'47" E 334.10 feet; 2. thence N 03°35'47" E 252.06 feet; 3. thence N 88°27'52" W 349.87 feet to a point on the west line of said Section 16: thence N 00°01'47" E 977.15 feet along the west line of said Section 16 to the Northeast Corner of said Section 17 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'20" W 344.80 feet continuing along the west line of said Section 16 to the Northwest Corner of said Section 16 being a 2- 1/2 inch GLO Brass Cap found in place; thence N 89°57'15" E 2703.26 feet along the north line of said Section 16 to the North Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'09" E 2637.87 feet continuing along the north line of said Section 16 to the Northeast Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°58'17" E 2638.56 feet along the north line of said Section 15 to the North Quarter Corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place; thence S 89°59'36" E 1318.31 feet continuing along the north line of said Section 15 to the west line of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place whence the northeast corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place bears S 89°59'36" E 1318.31 feet; thence S 00°00'09" E 1312.36 feet along the west line of the NE1/4NE1/4 of said Section 15, to the southwest corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence N 89°55'46" East 1317.67 feet along the south line of the NE1/4NE1/4 F yry n1p. Fnn.en. w0 -3- • • • • • • of said Section 15 to the southeast corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S. 89°58'46" East 1320.64 feet along the north line of the SW1/4NW1/4 of said Section 14 to the northeast corner of the SW1/4NW1/4 of said Section 14 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 00°01'34" W 1312.94 feet along the east line of the SW1/4NW1/4 of said Section 14 to the southeast corner of the SW1/4NW1/4 of said Section 14; thence S 00°01'19" East 1667.58 feet along the east line of the W1/2SW1/4 of said Section 14; thence S 89°58'41" W a distance of 1319.21 feet to a point on the east line of Section 15; thence N 00°04'13" W a distance of 370.03 feet along the East line of Section 15; thence N 90°00'00" W a distance of 1360.33 feet; thence N 00°00'00" W a distance of 940.00 feet; thence N 90°00'00" W a distance of 1440.00 feet; thence S 00°00'00" W a distance of 150.00 feet; thence S 89°58'11" W a distance of 1158.63 feet to a point on the east line of the NW1/4SW1/4 of said Section 15; thence N 00°01'49" W a distance of 501.28 feet along said east line of the NW1/4SW1/4 of said Section 15 to the Northeast corner of said NW1/4SW1/4 of Section 15 being a 2 inch aluminum cap (P.E.L.S. 5933); thence S 89°51'07" W a distance of 1323.59 feet along the north line of said NW1/4SW1/4 of Section 15 to the W1/4 corner of said Section 15 being a 2-1/2 inch GLO Brass Cap; thence S 00°05'16" W a distance of 1535.19 feet along the west line of said Section 15 to the Southwest Corner of said NW1/4SW1/4 of Section 15 being a 2 inch aluminum cap (P.E.L.S. 5933); thence S 89°51'32" E 856.76 feet along the south line said NW1/4SW1/4 of Section 15; thence S 00°00'00" W a distance of 700.00 feet; thence N 60°11'19" E a distance of 1740.00 feet; thence S 44°04'32" E a distance of 720.00 feet; thence S 59°25'06" E a distance of 380.00 feet; thence S 04°18'14" W a distance of 1705.77 feet; thence S 52°00'40" W a distance of 570.00 feet; thence S 32°36'07" E a distance of 720.00 feet; thence N 55°19'58" E a distance of 662.28 feet; thence S 34°57'59" E a distance of 1160.00 feet; thence S 61°02'11" W a distance of 1510.00 feet; thence S 49°17'33" W a distance of 440.21 feet; thence S 67°46'01" W a distance of 2056.57 feet; thence S 33°43'34" E a distance of 2585.68 feet; thence S 57°12'11" E a distance of 1507.60 feet; thence S 25°57'07" East a distance of 1863.71 feet; thence S 08°45'36" E a distance of 1546.11 feet; thence S 00°45'01" W a distance of 425.99 feet; thence N 89°14'59" W a distance of 2048.85 feet along the south line of said Section 27 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°17'11" W 1319.72 feet along the north line of said Section 34 to the NE corner W1/2NW1/4 of said Section 34 whence the Northwest Corner of said Section 34 bears N 89°17'11" W 1319.72 feet; LEGAL US E 70128665.3 °.aWp•UxA(1mN0.'C1XLIFVISSpnng Valk?"oldinga. LLC• K Ob. 11.l? 1t p.l -4- thence S 00°05'58° E 2466.04 feet along the east line of the W1/2NW1/4 of said Section 34 to the southeast corner of the W1/2NW1/4 of said Section 34; thence S 89°51'39" W 1389.27 feet along the south line of the W1/2NW1/4 of said Section 34 to the West Quarter Corner of said Section 34 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°27'45" W 2511.99 feet along the south line of Section 33 to the Center Quarter of said Section 33 being Cap (County Surveyor) found in place; thence N 88°27'28" W 1092.52 feet along the south Section 33 to the southwest corner of said Lot 6; thence N 00°19'52" E 821.58 feet along the west line southeast corner of Lot 5 of said Section 33; thence N 88°29'25" W 1065.30 feet along the south line point on the northerly right-of-way of Garfield County thence the following seventeen (17) courses along the northerly of said County Road 119; line the a 3 of Lot NE1/4 of said inch Aluminum 6 of of said Lot 6 said to the of said Lot 5 to a Road 119; right-of-way 1. thence along the arc of a non -tangent curve to the left having a radius of 190.00 feet, and a central angle of 40°11'43° for a distance along the curve of 133.29 feet; the chord of said curve bears N 69°42'36" W a distance of 130.58 feet; 2. thence N 89°48'27" W 335.07 feet to a point on the west line of said Section 33 whence the Northwest Corner of said Section 33 being a 3 -inch County Surveyor's Aluminum Cap found in place bears N 01°14'21" E 1729.72 feet; 3. thence N 89°48'27" W 746.63 feet 4. thence along the arc of a curve to the right having a radius of 9975.00 feet, and a central angle of 01°23'23" for a distance along the curve of 241.95 feet: the chord of said curve bears N 89°06'46" W a distance of 241.94 feet; 5. thence N 88°25'04" W 886.82 feet; 6. thence along the arc of a curve to the right having a radius of 30.00 feet, and a central angle of 101°43'17" for a distance along the curve of 53.26 feet; the chord of said curve bears N 37°33'26" W a distance of 46.54 feet; 7. thence N 13°18'13" E 1531.48 feet; 8. thence along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of 15°55'12" for a distance along the curve of 198.67 feet; the chord of said curve bears N 05°20'37" E a distance of 198.03 feet to a point on the south line of said Section 29 whence the Southeast Corner of said Section 29 bears S 89°03'23" E 1570.16 feet; 9. thence along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of 29°05'27" for a distance along the curve of 363.03 feet; the chord of said curve bears N 17°09'43" W a distance of 359.14 feet; 10. thence along the arc of a curve to the left having a radius of 1853.11 feet, and a central angle of 14°56'46" for a distance along the curve of 463.40 feet; the chord of said curve bears N 39°10'49" W a distance of 482.03 feet; 11. thence N 46°39'12" w 512.11 feet; 12. thence along the arc of a curve to the left having a radius of 544.29 L.EGAl._US E # 70128665.3 °Awp.QrNGnaWC°[LI[`pTSpnng Valley "aldmss. LLC. K OdAugnnwn, ab 11.I/05.wpd • • • • • • feet, and a central angle of 29°19'12" for a distance along the curve of 278.53 feet; the chord of said curve bears N 61°18'49" W a distance of 275.50 feet; 13. thence N 75°58'25" W 274.72 feet; 14. thence along the arc of a curve to the right having a radius of 777.56 feet, and a central angle of 10°01'45" for a distance along the curve of 136.11 feet; the chord of said curve bears N 70°57'32" W a distance of 135.93 feet; 15. thence N 65°56'40" W 288.79 feet; 16. thence along the arc of a curve to the right having a radius of 934.49 feet, and a central angle of 12°43'09" for a distance along the curve of 207.45 feet; the chord of said curve bears N 59°35'05" W a distance of 207.03 feet; 17. thence N 53°13'30" W 363.38 feet to a point on the west line of Lot 26 of said Section 29; thence N 00°30'27" E 619.90 feet along the west line of said Lot 26 to the northwest corner of said Lot 26; thence N 90°00'00" W 65.41 feet to a fence post with a pk-nail in the top and accepted as the southwest corner of Lot 20 of said Section 29; thence N 00°34'2611 E 2165.03 feet along the accepted west line of Lots 20, 16, and 8 of said Section 29 to a red plastic cap (P.L.S. 27929); thence N 00°32'3511 E 431.30 feet to the southwest corner of a parcel of land described in Book 527, Page 951 in the office of the Garfield County Clerk and Recorder; thence along the southerly boundary of said parcel of land described in Book 527, Page 951 S 89°32'20" E 431.36 feet; thence the following two courses along the Southerly boundary of a parcel of land described in Book 872, Page 768 in the office of the Garfield County Clerk and Recorder: 1. thence S 50°51'48" E 497.50 feet; 2. thence S 57058'21" E 57.39 feet to a point on the Southerly boundary of a parcel of land described in Book 915, Page 112 in the office of the Garfield County Clerk and Recorder; thence S 57°58'2111 E 305.00 feet along the Southerly boundary of said parcel of land described in Book 915, Page 112; thence S 33°33'03" E 149.53 feet along the Southwesterly boundary of a parcel of land described in Book 621, Page 219 in the office of the Garfield County Clerk and Recorder; thence S 81°36'2311 E 135.95 feet along the Southerly boundaries of parcels of land described in Book 621, Page 219 and Book 965, Page 509 in the office of the Garfield County Clerk and Recorder to a point on the boundary of said parcel of land described in Book 965, Page 509; thence the following three courses along the southeasterly boundary of said parcel described in Book 965, Page 509: 1. thence S 81°42'23" E 302.25 feet; 2. thence N 05°1212011 E 149.94 feet; 3. thence along the arc of a curve to the right having a radius of 55.23 feet, and a central angle of 40°33'24: for a distance along the curve of 39.09 feet; the chord of said curve bears N 25°28'4111 E a distance of 38.28 feet to a point on the southerly boundary of a parcel of land described in Book 808, Page 803 in the office of the Garfield County Clerk and Recorder; thence the following three courses along the easterly boundary of said parcel described in Book 808, Page 803: 1. thence S 81°42'37" E 123.19 feet; 2. thence N 21°00'23" W 820.84 feet to a point on the south line of said LEGAL_US_E # 70128665.3 °AWP.D.,K•n oAMC°CLIE+:SSPnn, Valley Iloldlnp.ILC • K 11MA..gnmen, Ob. 11.17 C6,,pd -6- Section 20 whence the South Quarter Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S 5933) bears N 88°32'13" W 248.98 feet; 3. thence N 21°00'23" W 137.24 feet to a point on the northerly right-of-way of Garfield County Road 115; thence the following two courses along the northerly right-of-way of said County Road 115: 1. thence along the arc of a non -tangent curve to the right having a radius of 5288.82 feet, and a central angle of 02°43'04" for a distance along the curve of 250.87 feet; the chord of said curve bears N 73°59'48" W a distance of 250.84 feet; 2. thence N 72°38'16" W 1244.87 feet to a point on the accepted east line of Lot 4 of said Section 20 whence the southeast corner of a parcel of land recorded under reception number 467225 in the office of the Garfield County Clerk and Recorder being a red plastic cap (P.L.S. 27613) found in place and accepted as a point on the east line of said Lot 4 bears S 01°51'02" W 9.41 feet; thence N 01°51'02" E 490.79 feet along the accepted east line of said Lot 4 to the northeast corner of said Lot 4 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°18'52" W 1429.59 feet along the north line of said Lot 4 and Lot 3 of said Section 20 to the northwest corner of said Lot 3 whence the Southwest Corner of said Lot 20 being a 2-1/2 inch Aluminum Cap (P.L.S. 27929) found in place bears S 00°06'31" E 1008.11 feet; thence N 00°06'31" W 1630.93 feet along the west line of said Section 20 to the West Quarter Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 00°04'12" E 2632.88 feet along the west line of said Section 20 to the Northwest Corner of said Section 20 being the POINT OF BEGINNING. EXCEPTING THE FOLLOWING FIVE PARCELS: 1) MIDDLE EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located' in the -West Half of Section 29 and Northwest Quarter of Section 28, Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at a point on the easterly line of said Section 29 whence the Northeast Corner of Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°09'28" E 1250.72 feet thence S 01°09'28" W 346.32 feet along the east line of said Section 29 to a point on the northerly line of a parcel of land described in Book 495, Page 596 in the office of the Garfield County Clerk and Recorder, whence the west Quarter Corner of said Section 28 being a 3 inch Aluminum Cap (County Surveyor) bears S 01009'28" E 987.24 feet; thence S 88°09'03" E 557.11 feet along the northerly line of said parcel of land described in Book 495, Page 596 to a point on the southerly right-of-way line of Garfield County Road 115; thence along the arc of a curve to the left having a radius of 826.12 feet, and a central angle of 17°50'11" for a distance along the curve of 257.17 feet; the chord of said curve bears S64°07'08" E a distance of 256.14 feet along the southerly right-of-way of said County road 115; thence S 73°02'14" E 43.18 feet continuing along the southerly right-of-way line of said County Road 115 to a point in the easterly line of said parcel of land described in Book 495, Page 596; thence S 00°01'52" W 114.31 feet along the easterly boundary of said parcel of land LEGAL US E# 70128665.3 °AVIP•U &JC,. AWCDCU€NfASpnng V.ILY IIW mg., U.C. . c uln...,gnm.ni 430 :3170'1,33 -7- • • • described in Book 495, Page 596 to the southeast corner of said parcel of land described in Book 495, Page 596; thence the following four courses along the Southerly Boundary of said parcel of land described in Book 495, Page 596: 1. thence N 89°58'08" W 327.05 feet; 2. thence S 54°10'41" W 185.54 feet; 3. thence N 42°16'19" W 154.20 feet; 4. thence S 59°30'35" W 216.33 feet to a point on the boundary of a parcel of land described in Book 988, Page 802 in the office of the Garfield County Clerk and Recorder; thence the following six courses around the easterly, northerly, and southerly boundaries of said parcel of land described in Book 988, Page 802: 1. thence S 13°45'40" E 111.74 feet; 2. thence S 89°58'08" E 101.60 feet; 3. thence S 00°01'52" W 69.06 feet; 4. thence S 88°48'28" E 25.57 feet; 5. thence S 00°37'24" E 148.37 feet; 6. thence S 14°45'31" E 57.78; thence S 58°03'40" W 625.36 feet along the southerly boundaries of parcels of land described in Book 988, Page 802 and Book 736, Page 345 in the office of the Garfield County Clerk and Recorder to a point on the southerly boundary of said parcel of land described in Book 736, Page 345; thence along the southerly and westerly boundaries of said parcel of land described in Book 736, Page 345 the five (5) courses: 1. thence N 75°53'28" W 35.87 feet; 2. thence N 66°59'35" W 380.19 feet; 3. thence N 50°53'55" W 27.02 feet; 4. thence N 25°54'08" W 19.09 feet; 5. thence N 05°08'09" W 580.16 feet; to a point on the westerly boundary of a parcel of land described in Book 886, Page 329 in the office of the Garfield County Clerk and Recorder; thence along the westerly and northerly boundaries of said parcel of land described in Book 886, Page 329 the following (3) courses: 1. thence N 05°36'42" W 538.91 feet; 2. thence N 04°18'35" W 374.95 feet; 3. thence N 82°52'22" E 323. 76 feet to a point on the southerly right-of-way line of said Garfield County Road 115; thence along the said right-of-way line the following three (3) courses: 1. thence along the arc of a non -tangent curve to the left having a radius of 993.47 feet, and a central angle of 03°01'08" for a distance along the curve of 52.35 feet; the chord of which bears S 34°41'10" E a distance of 52.34 feet; 2. thence along the arc of a curve to the left having a radius of 480.00 feet, and a central angle of 36°06'40" for a distance along the curve of 302.52feet; the 1chord of said curve bears S 54°15'04 E a distance of 297.54 feet; 13. thence S 72°18'24" E 273.90 feet to the POINT OF BEGINNING. 2) EAST EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in Section 28, Township 6 South, Range 88 West, of the Sixth Principal Meridian being more particularly described as follows: Beginning at the South Quarter Corner of Section 28 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); LEGAL USE q 70128665 3 O:\wr. Ux_KsiblI_VCJCLIEINTSSpNry, V.H.y He.np. LLC • K lkM.nRnm.n, 0b 11.1".OS.�µI -8- thence N 88°33'15" W 1084.24 feet along the south line of Section 28 to a point on the westerly boundary of a parcel of land described in Book 938, Page 691 in the office of the Garfield County Clerk and Recorder; whence the Southwest Corner of Section 28 being a 3 -inch County Surveyor Aluminum Cap found in place bears S 88°33'15" E 1495.74 feet; thence N 01°00'28" E 2568.63 feet along the westerly boundary of said parcel of land described in Book 938, Page 691 to a point on the westerly boundary of a parcel of land described in Book 638, Page 941 in the office of the Garfield County Clerk and Recorder; thence N 01°01'12" E 691.65 feet along the westerly boundary of said parcel of land described in Book 638, 941 to a point on the southerly right-of-way line of said Garfield County Road 115; thence along the southerly right-of-way line of said County Road 115 the following seven (7) courses: 1. along the arc of a non -tangent curve to the right having a radius of 594.56 feet, and a central angle of 41°58'28" for a distance along the curve of 435.57 feet; the chord of said curve bears S 43°10'12" E a distance of 425.90 feet; 2. thence S 22°10'58" E 307.62 feet; 3. thence along the arc of a curve to the left having a radius of 1421 75 feet, and a central angle of 15°49'57" for a distance along the curve of 392.87 feet; the chord of said curve bears S 30°05'57" E a distance of 391.63 feet; 4. thence along the arc of a curve to the right having a radius of 370.00 feet, and a central angle of 32°43'14" for a distance along the curve of 211.30 feet; the chord of said curve bears S 21°39'19" E a distance of 208.44 feet; 5. thence along the arc of a curve to the left having a radius of 2437.42 feet, and a central angle of 28°42'24" for a distance along the curve of 1221.22 feet; the chord of said curve bears S 19°38'54" E a distance of 1208.48 feet; 6. thence S 34°00'06" E 1152.91 feet; 7. thence along the arc of a curve to the left having a radius of 430.00 feet, and a central angle of 23°03'17" for a distance along the curve of 173.02 feet; the chord of said curve bears S 45°31'45" E a distance of 171.86 feet to a point on the south line of Section 28; whence the Southeast Corner of Section 28 being a 2-1/2 inch GLO Brass Cap found in place bears S 86°11'17" E 1745.44 feet; thence N 86°11'17" W 829.99 feet along the south line of Section 28 to the POINT OF BEGINNING. 3) GARFIELD COUNTY ROAD 115 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in Sections 20, 29, 28, 33, and 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being a 60 foot wide right-of-way extending thirty feet on each side of the following described centerline for Garfield County Road 115, said centerline being further described as follows: Beginning at a point from whence the Southwest corner of said Section 20 bears S 89°59'26" W a distance of 2853.70 feet, said section corner being a 2-1/2 inch Aluminium Cap found in place; LEGAL_US_E # 70128665.3 o:wrwrOgsnA vcocuevros„..,,;v.,.yiwu:...uc•KlwM..;K..,.im.w.IivOKwpd -9- • • • • • thence along the arc of a curve to the left having a radius of 5318.82 feet, and a central angle of 04°16'52: for a distance along the curve of 397.42 feet; the chord of said curve bears S 77°43'40" E a distance of 397.32 feet; thence S 79°52'05" E 121.04 feet to a point along the section line common to said Sections 20 and 29 from whence the Quarter corner common to said Sections 20 and 29 being a Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears N 88°32'13" W 720.55 feet; thence S 79°52'05" E 331.86 feet; thence along the arc of a curve to the right having a radius of 900.00 feet, and a central angle of 20°29'08" for a distance along the curve of 321.79 feet; the chord of said curve bears S 69°37'31: E a distance of 320.08 feet; thence S 59°22'57° E 217.30 feet; thence along the arc of a curve to the right having a radius of 1081.34 feet, and a central angle of 35°38'00" for a distance along the curve of 672.50 feet; the chord of said curve bears S 41°33'57" E a distance of 661.72 feet; thence S 23°44'57" E 73.66 feet; thence along the arc of a curve to the left having a radius of 963.47 feet, and a central angle of 12°26'47" for a distance along the curve of 209.29 feet; the chord of said curve bears S 29°58'21" E a distance of 208.88 feet; thence along the arc of a curve to the left having radius of 450.00 feet, and a central angle of 36°06'40" for a distance along the curve of 283.62 feet; the chord of said curve bears S 54°15'04" E a distance of 278.95 feet; thence S 72°18'24: E 264.99 feet to a point along the section line common to said Sections 28 and 29 from whence the Northeast corner of said Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°09'28" E 1219.42 feet; thence S 72°18'24" E 167.61 feet; thence along the arc of a curve to the right having a radius of 377.41 feet, and a central angle of 25°33'14" for a distance along the curve of 168.32 feet; the chord of said curve bears S 59°31'47" E a distance of 166.93 feet; thence S 46°45'10" E 235.64 feet; thence along the arc of a curve to the left having a radius of 796.12 feet, and a central angle of 26°17'03" for a distance along the curve of 365.22 feet; the chord of said curve bears S 59°53'42" E a distance of 362.02 feet; thence S 73°02'14" E 636.67 feet; thence along the arc of a curve to the right having a radius of 624.56 feet, and a central angle 50°51'15" for a distance along the curve of 554.35 feet; LEGAL_LJS_E # 70128665.3 O �wP GoW�mBWC°CU FNTS'S v.rr Whinµ ILC.KUmN»K.wm,°l. 11.,7 OS tn. -10- the chord of said curve bears S 47°36'36" E a distance of 536.33 feet; thence S 22°10'58" E 307.62 feet; thence along the arc of a curve to the left having a radius of 1391.75 feet, and a central angle of 15°49'57" for a distance along the curve of 384.58 feet, the chord of said curve bears S 30'05'57" E a distance of 383.36 feet; thence along the arc of a curve to the right having a radius of 400.00 feet, and a central angle of 32°43'14" for a distance along the curve of 228.43 feet; the chord of said curve bears S 21°39'19" E a distance of 225.34 feet; thence along the arc of a curve to the left having a radius of 2407.42 feet, and a central angle of 28°42'24" for a distance along the curve of 1206.18 feet; the chord of said curve bears S 19°38'54" E a distance of 1193.61 feet; thence S 34°00'06" E 1152.91 feet; thence along the arc of a curve to the left having a radius of 400.00 feet, and a central angle of 25°53'11" for a distance along the curve of 180.72 feet; the chord of said curve bears S 46°56'42" E a distance of 179.19 feet; thence S 59°53'17" E 38.40 feet to a point along the section line common to said Sections 28 and 33 from whence the Quarter corner common to said Sections 28 and 33 being A Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears N 86°11'17" W 896.52 feet; thence S 59°53'17" E 421.00 feet; thence along the arc of a curve to the right having a radius of 779.79 feet, and a central angle of 35°42'49" for a distance along the curve of 486.06 feet; the chord of said curve bears S 42°01'52" E a distance of 478.23 feet; thence S 24°10'27" E 644.62 feet; thence along the arc of a curve to the right having a radius of 882.82 feet, and a central angle of 26°58'38" for a distance along the curve of 415.67 feet; the chord of said curve bears S 10°41'09" E a distance of 411.84 feet; thence S 02°48'10" W 238.01 feet; thence along the arc of a curve to the left having a radius of 729.53 feet, and a central angle of 37°41'54" for a distance along the curve of 480.00 feet; the chord of said curve bears S 16°02'47" E a distance of 471.39 feet; thence along the arc of a curve to the left having a radius of 200.00 feet, and a central angle of 53°37'43" for a distance along the curve of 187.20 feet; the chord of said curve bears S 61°42'35" E a distance of 180.44 feet; thence along the arc of a curve to the left having a radius of 2171.07 feet, and a central angle of 08°19'31" for a distance along the curve of 315.47 feet; the chord of said curve bears N 87°18'48" E a distance of 315.19 feet to a point along the section line common to said Sections 33 and 34 from LEGAL_US_E # 70128665.3 OAWP.Doci,XtenVIWCD.CLIENTSSpnozNikylirkli,.1.1C . K,vMagnment U0. ll.17.00wpd • • • • whence the Northeast corner of said Section 33 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°30'32" E 2209.86 feet; • thence along the arc of a curve to the left having a radius of 2171.07 feet, and a central angle of 15°20'11" for a distance along the curve of 581.13 feet; the chord of said curve bears N 75°28'57" E a distance of 579.40 feet; thence along the arc of a curve to the right having a radius of 280.00 feet, and a central angle of 55°26'50" for a distance along the curve of 270.97 feet; the chord of said curve bears S 84°27'44" E a distance of 260.52 feet; thence S 56°44'19" E 393.81 feet; thence along the arc of a curve to the left having a radius of 669.07 feet, and a central angle of 21°39'21" for a distance along the curve of 252.89 feet; the chord of said curve bears S 67°34'00" E a distance of 251.38 feet from whence the said Northeast corner of Section 33 bears N 28°52'13" W 2741.66 feet; Such parcel being a 60 foot right-of-way (30 feet on each side of the above described centerline). The right-of-way lines of said right-of-way shall be prolonged or shortened to begin and end on and conform to the property boundary lines. 4) GARFIELD COUNTY ROAD 114 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in the Northeast Quarter of Section 33, Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being the right-of-way for Garfield County Road 114 and the intersection of Garfield County Road 114 with Garfield County Road 115, said parcel being further described as follows: Beginning at a point on the southern line of the Northeast Quarter of said Section 33 whence the East Quarter Corner of said Section 33 being a Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears S 88°27'45" E 551.40 feet said point also being a point on the easterly right-of-way of Garfield County Road 114; thence N 88°27'45" W 77.11 feet along said southern line of the Northeast Quarter to a point on the westerly boundary of said County Road 114, whence the Center Quarter for said Section 33 being a 2-1/2 inch Aluminum Cap found in place bears N 88°27'45" W 1883.48; thence the following two courses along the westerly right-of-way of said County Road 114: 1. N 40°27'03" E 99.05 feet; 2. thence along the arc of a curve to the left having a radius of 270 00 feet, and a central angle of 69°20'35" for a distance along the curve of 326.77 feet; the chord of said curve bears N 05°46'46" E a distance of 307.19 feet to a point on the southerly right-of-way of Garfield County Road 115; LEGAL_US_E # 70128665.3 °1W A>.\KIMBWCOCUFNTTtipnn6 V.Wy IltAmp. LLC • K lkNwRnmrni M.11.17113 wpd -12- thence the following three courses along the southern right-of-way of County Road 115: 1. along the arc of a non -tangent curve to the left having a radius of 759.53 feet, and a central angle of 06°00'12" for a distance along the curve of 79.58 feet; the chord of said curve bears S 31°53'38" E a distance of 79.55 feet; 2. thence along the arc of a curve to the left having a radius of 230.00 feet, and a central angle of 53°37'43" for a distance along the curve of 215.28 feet; the chord of said curve bears S 61°42'35" E a distance of 207.51 feet; 3. thence along the arc of a curve to the left having a radius of 2201.07 feet, and a central angle of 03°41'58" for a distance along the curve of 142.12 feet; the chord of said curve bears N 89°37'34" E a distance of 142.09 feet to a point on the easterly right-of-way of Garfield County Road 114; thence the following two courses along the easterly right-of-way of County Road 114: 1. along the arc of a non -tangent curve to the left having a radius of 470.00 feet, and a central angle of 47°19'32" for a distance along the curve of 388.21 feet; the chord of said curve bears S 64°06'49" W a distance of 377.27 feet; 2. thence S 40°27'03" W 70.18 feet to the point of beginning. The right-of-way lines of said right-of-way shall be prolonged or shortened to begin and end on and conform to the property boundary lines. 5) The "Metro District Director's Parcel", a parcel of Land within Section 33, Township 6 South, Range 88 West of the 6th Principal Meridian and being further described as: Commencing at the true point of beginning, whence the Center of Section 33, being a 2 -1/2 -inch aluminum cap, bears N 88°27'45" W a distance of 123.09 feet; thence N 00°00'00" E a distance of 1398.31 feet; thence S 90°00'00" E a distance of 942.50 feet; thence S 00°04'09" E a distance of 680.56 feet; thence S 34°36'11" E a distance of 919.80 feet to a point on the south line of the southeast quarter of the northeast quarter of said Section 33; thence N 88°27'45" W a distance of 333.30 feet along the said south line to the center east sixteenth corner of said Section 33 being a 2 -1/2 -inch aluminum cap; thence N 88°27'45" W a distance of 1132.90 feet along the south line of the southwest quarter of the northeast quarter of said Section 33 to the point of beginning COUNTY OF GARFIELD STATE OF COLORADO Spring Valley Holding USA. Ltd. parcel: A PARCEL OF LAND LOCATED IN SECTIONS 14, 15, 22, 23, 26 AND 27, TOWNSHIP 6 LEGALUS_E # 70128665.3 0,wP.°ocs43n• WCPiCLIENtSS.Synnxv.ltey HoLluµ. LLC • K ONA»ytnoMnt 1.M 111705...p1 - 13 - • • • • • • SOUTH, RANGE 88 WEST, SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26 BEING A 2-1/2 INCH UNITED STATES GENERAL LAND OFFICE (GLO) BRASS CAP FOUND IN PLACE WHENCE THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 88 WEST, SIXTH PRINCIPAL MERIDIAN BEARS N 55°02'21" W A DISTANCE OF 19,017.18 FEET; THENCE N 89°14'59" W 598.59 FEET ALONG THE SOUTH LINE OF SAID SECTION 27; THENCE N 00°45'01" E A DISTANCE OF 425.99 FEET; THENCE N 08°45'36" W A DISTANCE OF 1546.11 FEET; THENCE N 25°57'07" W A DISTANCE OF 1863.71 FEET; THENCE N 57°12'11" W A DISTANCE OF 1507.60 FEET; THENCE N 33°43'34" W A DISTANCE OF 2585.68 FEET; THENCE N 67°46'01" E A DISTANCE OF 2056.57 FEET; THENCE N 49°17'33" E A DISTANCE OF 440.21 FEET; THENCE N 61°02'11" E A DISTANCE OF 1510.00 FEET; THENCE N 34°57'59" W A DISTANCE OF 1160.00 FEET; THENCE S 55°19'58" W A DISTANCE OF 662.28 FEET; THENCE N 32°36'07" W A DISTANCE OF 720.00 FEET; THENCE N 52°00'40" E A DISTANCE OF 570.00 FEET; THENCE N 04°18'14" E A DISTANCE OF 1705.77 FEET; THENCE N 59°25'06" W A DISTANCE OF 380.00 FEET; THENCE N 44°04'32" W A DISTANCE OF 720.00 FEET; THENCE S 60°11'19" W A DISTANCE OF 1740.00 FEET; THENCE N 00°00'00" E A DISTANCE OF 700.00 FEET TO A POINT ON THE SOUTH LINE OF THE NW1/4SW1/4 OF SAID SECTION 15; THENCE N 89°58'25" E A DISTANCE OF 470.00 FEET; ALONG THE SOUTH LINE OF THE NW1/4SW1/4 OF SAID SECTION 15 TO THE SOUTHEAST CORNER OF THE NW1/4SW1/4; THENCE N 00°01'49" W A DISTANCE OF 1039.21 FEET; ALONG THE EAST LINE OF THE NW1/4SW1/4 OF SAID SECTION 15; THENCE N 89°58'11" E A DISTANCE OF 1158.63 FEET; THENCE N 00°00'00" E A DISTANCE OF 150.00 FEET; THENCE S 90°00'00" E A DISTANCE OF 1440.00 FEET; THENCE S 00°00'00" W A DISTANCE OF 940.00 FEET; THENCE S 90°00'00" E A DISTANCE OF 1360.33 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 15; THENCE S 00°04'13" E A DISTANCE OF 370.03 FEET ALONG THE EAST LINE OF SAID SECTION 15; THENCE N 89°58'41" E A DISTANCE OF 1319.22 FEET TO A POINT ON THE EAST LINE OF THE W1/2SW1/4 OF SAID SECTION 14; THENCE S 00°01'19" E 980.00 FEET ALONG THE EAST LINE OF THE W1/2SW1/4 OF SAID SECTION 14 TO THE SOUTHEAST CORNER OF THE W1/2SW1/4 OF SAID SECTION 14; THENCE S 89°59'40" E 1318.39 FEET ALONG THE NORTH LINE OF SAID SECTION 23 TO THE NORTH QUARTER CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 00°05'23" E 5277.46 FEET ALONG THE EAST LINE OF W1/2 OF SAID SECTION 23 TO THE SOUTH QUARTER CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 00°00'49" W 5529.94 FEET ALONG THE EAST LINE OF THE W1/2 OF SAID SECTION 26 TO THE SOUTH QUARTER CORNER OF SAID SECTION 26 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 84'59'30" W 31.37 FEET ALONG THE SOUTH LINE OF SAID SECTION 26 TO LEGAL_US_E # 70128665.3 O,WP•DWX,. aWCDCLIE1.TS,Sy.. Katy MWOmp. LLC • K IIOW..p.mfn, 41b. 11.I7ro - 14 - THE NORTH QUARTER CORNER OF SECTION 35, T. 6 S., R. 88 W., 6TH P.M., BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 84°41'15" W 1292.34 FEET ALONG THE SOUTH LINE OF SAID SECTION 26 TO THE SOUTHEAST CORNER OF GLO LOT 14 OF SAID SECTION 26; THENCE N 00°21'37" E 372.49 FEET ALONG THE EAST LINE OF SAID LOT 14, TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE N 89°53'31" W 1611.72 FEET ALONG THE NORTH LINE OF SAID LOT 14 TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE S 00°00'14" W 525.17 FEET ALONG THE WEST LINE OF SAID LOT 14 TO THE SOUTHWEST CORNER OF SAID SECTION 26, BEING THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO LEGAL. US E # 70128665.3 O.\WP.0.c,Wm'SWCDCUENTSSpnnt Valley l4AJ.n4.. LLC. 14 4b.loweemen1 430 11.))b wpd -15- • • • • CONSENT TO ASSIGNMENT The Basalt Water Conservancy District hereby consents to the foregoing Assignment subject to the terms of and conditions of said Contract and the District's receipt of all charges related thereto. The District's consent to this Assignment is subject to the additional conditions set forth on Exhibit B attached hereto. Dated this 17th day of November, 2005. 0,wv.0.140 awCD'.CLIBMA5a+1 v+wn ItW W. LLC K 4WA.. w... �N :L:),M.In• By: WATER CQNSERVNCY DISTRICT ' • Li Christopher L. Geiger, Attorney for Basalt Water Conservancy District -2- EXHIBIT B TO ASSIGNMENT OF BASALT WATER CONSERVANCY DISTRICT CONTRACT Tl ; Assignment to which this Exhibit is attached to and made a part of is ay.. •• )ved a i mad subject zo the following conditions: t • 1. Any and all conditions imposed upon the release and diversion • 'ater tted reunder in any water rights plan of augmentation or other water right:. a ree he W. ter Court for Water Division No. 5 shall be incorporated herein as a cone • tiGn of .)rova of tl-.i.s contract. Granting of this allotment contract does not consti :•A the strict':. ; epr',.:entation that the Assignee will receive a well permit or water rights ::,::tree • the L nd tc 5e benefitted hereby. 2. ..lieu of recording the Water Allotment Contract or this Assignment, a !mora Adur_-.of Water Allotment Contract will be recorded with the Garfield .2ounty frk anj Re-::-:,rder's Office. The costs of recording the Memorandum shall be paid by iignee. 3. F MENT: Assignee shall pay annually for the water service described herein i pric •: to .:: fixed annually by the Board of Directors of the District for such sevice. )f the <::,.nual fee shall be made, in full, within fifteen (15) days after the d:.,te of -om District that the payment is due. Said notice will advise the As s: ;nee, .Zer t::... of the water delivery year to which the payment shall a aply :, i the :h is icable to that year. If a payment is not made by the due da{te, ... fee uunt as the Board may set from time to time) will be assessed ::.. final e delinquent account and late fee assessment will be sent by the - :strict 'issignee's address set forth in the Assignment attached. If pay + ..ent is :iirty (30) days after said final written notice, the District ma' at its -::nate all of the Assignee's right, title, or interest under this Conerrct, in ter right allotted hereunder may be transferred, leased or otl:-> .wise district at the discretion of its Board of Directors. ;men .otice long {. ce wi $50 (c othe_ itten Mice the ? : ignee It ma; wit tion, ect tc lith e -nt t ;pose; of by 4 1,f` ast pr:. vide . ligate._ to de aintain a valid tforth in the ssignee inust c• vended, if ap .. . press conditic ble for an Assi ace with the F DocoKIe\ewCO'CI.IEI/rl •Smn v.Mr.. -• PERMIT: If Assignee intends to divert through a well, then ;. '.strict a copy of Assignee's valid well permit before the Di:: any water hereunder, and it is the Assignee':: continuous .. .; permit. Assignee shall also comply with all restrictions and lim: 1 permit obtained from the Colorado Division of Water Res' iy with the well -spacing requirements set forth d: i C.R.S. X37-9( • 51e. Compliance with said statutory well -spacing criteria shit the extension of service hereunder, and the Disb-ict shall in no s failure to comply. Assignee agrees to mark the well in a cons;; it number. .i 714%.JYM Ina II.O.OS.1.• -16- gnee • Act is Ey to tions :rtes. 17, as >e an -::y be aous 5. MEASURING DEVICE OR METER: Assignee agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Assignee's water right and the terms of this Contract. On or before November 15 of each year, Assignee will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Assignee acknowledges that failure to comply with this paragraph could result in legal action to terminate Assignee's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Assignee hereby specifically allows District, through its authorized agent, to enter upon Assignee's property during ordinary business hours for the purposes of determining Assignee's actual use of water. 6. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Assignee shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 7. CONTRACT TERMINATION: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Assignee. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Assignee threaten the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Assignee: 1. Assignee may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Assignee's liability for the next annual contract charge. 01WRDanXI*O'ACDtCLICNTS'S.. i vµ0, No1Wee.. LLC • K )SAU..Kemen T.L. 11 1703 len -17- • • • • ASSIGNMENT OF ALLOTMENT CONTRACT NO. 328 BASALT WATER CONSERVANCY DISTRICT FOR VALUE RECEIVED, Spring Valley Development, Inc., a Colorado corporation (f/k/a spen Springs Ranch, Inc.) ("Assignor"), hereby sells, assigns, transfers, and sets over to Spring Valley Holdings, LLC,a Delaware limited liability company ("Assignee") all of Assignor's right, title, and interest in and to that certain Water Allotment Contract with the Basalt Water Conservancy District dated Novmeber 9, 1998, which Contract allots 6.0 cubic feet of water per second from the District's direct flow rights and 240 acre feet of water per year of storage and/or other augmentation water owned or controlled by the District for use on that real property described in Exhibit A, attached hereto and incorporated herein by this reference. This Assignment is conditioned upon the consent thereto by the Basalt Water Conservancy District as hereinbelow provided. Assignee hereby assumes and agrees to pay and perform all of the obligations of the Allottee under said Contract. This Assignment shall be effective upon Assignor's conveyance of the above described property to Assignee. Dated this MI day of A/di/six , 2005. Spring Valley Development, Inc., a Colorado corporation (f/k/a Aspen Springs Ranch, Inc.), Assi By: Print Nam Title: Ch opher McKenna Authorized Sigfl ?tC)ry Spring Valley Holdings, LLC, a Deleware limited liability company, Assignee By: Print Name: C2 ,4- les CO. I- Title: ',LA-14sr;Led 0ceiter Assignee's Mailing Address: Spring Valley Holdings, LLC One California, . 22nd Floor San Francisco, CA 94111 Telephone No. 415.568.9500 0 V.VP.0a.•)(...11WCO.CUFXTS'S V. Ho .. U.0 • C )2&A., rsw UM II.ITAS.R. - 1 - EXHIBIT A LEGAL DESCRIPTION Spring Valley Development, Inc. parcel: A parcel of land located in Section 14, 15, 16, 20, 21, 22, 27, 28, 29, 32, 33, and 34, Township 6 South, Range 88 West, Sixth Principal Meridian being more particularly described as follows: Beginning at the Northwest Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933) thence S 88°16'08" E 2627.19 feet along the north line of said Section 20 to the North Quarter Corner of said Section 20 being a 1-1/2 inch Aluminum Cap (L.S. 16835) found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence S 88°15'48" E 2625.91 feet along the north line of said Section 20 to the Northeast Corner of said Section 20 being a 2-1/2 inch GLO Brass Cap found in place said corner also being on the west line of said Section 16; thence N 00°00'14" W 2631.77 feet along the west line of said Section 16 to the East Quarter Corner of Section 17, T. 6 S., R. 88 W., 6th P.M. being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°08'04" W 340.70 feet continuing along the west line of said Section 16 to the West Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'47" E. 1047.99 feet continuing along the west line of said Section 16 to the southwest corner of a parcel of land described in Book 448, Page 284 in the office of the Garfield County Clerk and Recorder; thence the following three courses along the boundary of said parcel described in Book 448, Page 284: 1. thence N 89°16'47" E 334.10 feet; 2. thence N 03°35'47" E 252.06 feet; 3. thence N 88°27'52" W 349.87 feet to a point on the west line of said Section 16: thence N 00°01'47" E 977.15 feet along the west line of said Section 16 to the Northeast Corner of said Section 17 being a 2-1/2 inch GLO Brass Cap found in place; thence N 00°01'20" W 344.80 feet continuing along the west line of said Section 16 to the Northwest Corner of said Section 16 being a 2 1/2 inch GLO Brass Cap found in place; thence N 89°57'15" E 2703.26 feet along the north line of said Section 16 to the North Quarter Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°57'09" E 2637.87 feet continuing along the north line of said Section 16 to the Northeast Corner of said Section 16 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°58'17" E 2638.56 feet along the north line of said Section 15 to the North Quarter Corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place; thence S 89°59'36" E 1318.31 feet continuing along the north line of said Section 15 to the west line of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place whence the northeast corner of said Section 15 being a 2-1/2 inch GLO Brass Cap found in place bears S 89°59'36" E 1318.31 feet; thence S 00°00'09" E 1312.36 feet along the west line of the NE1/4NEi/4 of said Section 15, to the southwest corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence N 89°55'46" East 1317.67 feet along the south line of the NE1/4NE1/4 ),401. `11 k 4 701 2�a65.3 Iw 1lMT'�L pn..Rv.Yvl1,�4�niF., l.f.,-X�N•N..�;rv�r•... b. 11 • • • • • • of said Section 15 to the southeast corner of the NE1/4NE1/4 of said Section 15 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S. 89°58'46" East 1320.64 feet along the north line of the SW1/4NW1/4 of said Section 14 to the northeast corner of the SW1/4NW1/4 of said Section 14 being a 3 -inch Aluminum Cap (L.S. 15710) found in place; thence S 00°01'34" W 1312.94 feet along the east line of the SW1/4NW1/4 of said Section 14 to the southeast corner of the SW1/4NW1/4 of said Section 14; thence S 00°01'19" East 1667.58 feet along the east line of the W1/2SW1/4 of said Section 14; thence S 89°58'41" W a distance of 1319.21 feet to a point on the east line of Section 15; thence N 00°04'13" W a distance of 370.03 feet along the East line of Section 15; thence N 90°00'00" W a distance of 1360.33 feet; thence N 00°00'00" W a distance of 940.00 feet; thence N 90°00'00" W a distance of 1440.00 feet; thence S 00°00'00" W a distance of 150.00 feet; thence S 89°58'11" W a distance of 1158.63 feet to a point on the east line of the NW1/4SW1/4 of said Section 15; thence N 00°01'49" W a distance of 501.28 feet along said east line of the NW1/4SW1/4 of said Section 15 to the Northeast corner of said NW1/4SW1/4 of Section 15 being a 2 inch aluminum cap (P.E.L.S. 5933); thence S 89°51'07" W a distance of 1323.59 feet along the north line of said NW1/4SW1/4 of Section 15 to the W1/4 corner of said Section 15 being a 2-1/2 inch GLO Brass Cap; thence S 00°05'16" W a distance of 1535.19 feet along the west line of said Section 15 to the Southwest Corner of said NW1/4SW1/4 of Section 15 being a 2 inch aluminum cap (P.E.L.S. 5933); thence S 89°51'32" E 856.76 feet along the south line said NW1/4SW1/4 of Section 15; thence S 00°00'00" W a distance of 700 00 feet; thence thence thence thence thence thence thence thence thence thence thence N 60°11'19" S 44°04'32" S 59°25'06" S 04°18'14" S 52°00'40" S 32°36'07" N 55°19'58" S 34°57'59" S 61°02'11" S 49°17'33" S 67°46'01" E a E a E a W a W a E a distance distance distance distance distance distance E a distance E a distance W a distance W a distance W a distance of 1740.00 feet; of 720.00 feet; of 380.00 feet; of 1705.77 feet; of 570.00 feet; of 720.00 feet; of 662.28 feet; of 1160.00 feet; of 1510.00 feet; of 440.21 feet; of 2056.57 feet; thence S 33°43'34" E a distance of 2585.68 feet; thence S 57°12'11" E a distance of 1507.60 feet; thence S 25°57'07" East a distance of 1863.71 feet; thence S 08°45'36" E a distance of 1546.11 feet; thence S 00°45'01" W a distance of 425.99 feet; thence N 89°14'59" W a distance of 2048.85 feet along the south line of said Section 27 being a 2-1/2 inch GLO Brass Cap found in place; thence N 89°17'11" W 1319.72 feet along the north line of said Section 34 to the NE corner W1/2NW1/4 of said Section 34 whence the Northwest Corner of said Section 34 bears N 89°17'11" W 1319.72 feet; F(;Ai. l;s F # 770128665 3 4M Rnm M.N 11 I I • WI' I ...fk.n.4.WC Ifi I.III' ,KI<ynnO V.II.Y 14.W 1ny . I.l f:IJ -4- thence S 00°05'58" E 2466.04 feet along the east line of the W1/2NW1/4 of said Section 34 to the southeast corner of the W1/2NW1/4 of said Section 34; thence S 89°51'39" W 1389.27 feet along the south line of the W1/2NW1/4 of said Section 34 to the West Quarter Corner of said Section 34 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°27'45" W 2511.99 feet along the south line of the NE1/4 of said Section 33 to the Center Quarter of said Section 33 being a 3 inch Aluminum Cap (County Surveyor) found in place; thence N 88°27'28" W 1092.52 feet along the south line of Lot 6 of said Section 33 to the southwest corner of said Lot 6; thence N 00°19'52" E 821.58 feet along the west line of said Lot 6 to the southeast corner of Lot 5 of said Section 33; thence N 88°29'25" W 1065.30 feet along the south line of said Lot 5 to a point on the northerly right-of-way of Garfield County Road 119; thence the following seventeen (17) courses along the northerly right-of-way of said County Road 119; 1. thence along the arc of a non -tangent curve to the left having a radius of 190.00 feet, and a central angle of 40°11'43" for a distance along the curve of 133.29 feet; the chord of said curve bears N 69°42'36" W a distance of 130.58 feet; 2. thence N 89°48'27" W 335.07 feet to a point on the west line of said Section 33 whence the Northwest Corner of said Section 33 being a 3 -inch County Surveyor's Aluminum Cap found in place bears N 01°14'21" E 1729.72 feet; 3. thence N 89°48'27" W 746.63 feet 4. thence along the arc of a curve to the right having a radius of 9975.00 feet, and a central angle of 01°23'23" for a distance along the curve of 241.95 feet: the chord of said curve bears N 89°06'46" W a distance of 241.94 feet; 5. thence N 88°25'04" W 886.82 feet; 6. thence along the arc of a curve to the right having a radius of 30.00 feet, and a central angle of 101°43'17" for a distance along the curve of 53.26 feet; the chord of said curve bears N 37°33'26" W a distance of 46.54 feet; 7. thence N 13°18'13" E 1531.48 feet; 8. thence along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of 15°55'12" for a distance along the curve of 198.67 feet; the chord of said curve bears N 05020'37" E a distance of 198.03 feet to a point on the south line of said Section 29 whence the Southeast Corner of said Section 29 bears S 89°03'23" E 1570.16 feet; 9. thence along the arc of a curve to the left having a radius of 715.00 feet, and a central angle of 29°05'27" for a distance along the curve of 363.03 feet; the chord of said curve bears N 17°09'43" W a distance of 359.14 feet; 10. thence along the arc of a curve to the left having a radius of 1853.11 feet, and a central angle cf 14°56'46" for a distance along the curve of 483.40 feet; the chord of said curve bears N 39°10'49" W a distance of 482.03 feet; 11. thence N 46°39'12" w 512.11 feet; 12. thence along the arc cf a curve to the left having a radius of 544.29 I EGA I IS is a 7Q1 23665.3 "tWP.U.I•1:m1•EN 1'{M I.IF.N .Sp.mK tle K t]0. 11 - 5 - • • • • • • feet, and a central angle of 29°19'12" for a distance along the curve of 278.53 feet; the chord of said curve bears N 61°18'4911 W a distance of 275.50 feet; 13. thence N 75°58'25" W 274.72 feet; 14. thence along the arc of a curve to the right having a radius of 777.56 feet, and a central angle of 10°01'4511 for a distance along the curve of 136.11 feet; the chord of said curve bears N 70°57'3211 W a distance of 135.93 feet 15. thence N 65°56'40" W 288.79 feet; 16. thence along the arc of a curve to the right having a radius of 934.49 feet, and a central angle of 12°43'09" for a distance along the curve of 207.45 feet; the chord of said curve bears N 59°35'05" W a distance of 207.03 feet; 17. thence N 53°13'30" W 363.38 feet to a point on the west line of said Section 29; thence N 00°30'27" E 619.90 feet along the west line of said Lot 26 northwest corner of said Lot 26; thence N 90°00'00" W 65.41 feet to post with a pk-nail in the top and accepted as the southwest corner of said Section 29; thence N 00°34'26" E 2165.03 feet along the accepted line of Lots 20, 16, and 8 of said Section 29 to a red plastic cap (P.L.S. 27929); thence N 00°32'35" E 431.30 feet to the southwest corner of a of land described in Book 527, Page 951 in the office of the Garfield Clerk and Recorder; thence along the southerly boundary of said land described in Book 527, Page thence the following two courses land described in Book 872, Page Clerk and Recorder: 1. thence S 50°51'48" E 497.50 feet; 2. thence S 57°58'21" E 57.39 feet to parcel of land described in Book 915, County Clerk and Recorder; thence S 57°58'21" E 305.00 feet along the of land described in Book 915, Page 112; thence S 33°33'03" E 149.53 feet along the of land described in Book 621, Page 219 in Clerk and Recorder; thence S 81°36'23" E 135.95 feet land described in Book 621, Page the Garfield County Clerk and Recorder to a point on the boundary parcel of land described in Book 965, Page 509; thence the following described in Lot 26 of to the a fence of Lot 20 west parcel parcel County of 951 S 89°32'2011 E 431.36 feet; along the Southerly boundary of a parcel of 768 in the office of the Garfield County a point on the Southerly boundary of a Page 112 in the office of the Garfield along the Southerly boundary of said parcel Southwesterly boundary of a parcel the office of the Garfield County Southerly boundaries of parcels of 219 and Book 965, Page 509 in the office of of said three courses along the southeasterly boundary of said parcel Book 965, Page 509: 1. thence S 81°42'23" E 302.25 feet; 2. thence N 05°12'20" E 149.94 feet; 3. thence along the arc of a curve to the right having a radius of 55.23 feet, and a central angle of 40°33'24: for a distance along the curve of 39.09 feet; the chord of said curve bears N 25°28'41" E a distance of 38.28 feet to a point on the southerly boundary of a parcel of land described in Book 808, Page 803 in the office of the Garfield County Clerk and Recorder; thence the following three courses along the easterly boundary of said parcel described in Bock 808, Page 803: 1. thence S 81°42'37" E 123.19 feet; 2. thence N 21°00'2311 W 820.84 feet to a point on the south lire of said I a 70128665.3 °.WP1,r.pc..NM'K"CLIt.>liS'pnng'v.1Mv I4ulnp. LI.0 1.1.4M.vynnv.v tTh II.1]IMn-pd -6- Section 20 whence the South Quarter Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933) bears N 88°32'13" 'W 248.98 feet; 3. thence N 21°00'23" W 137.24 feet to a point on the northerly right-of-way of Garfield County Road 115; thence the following two courses along the northerly right-of-way of said County Road 115: 1. thence along the arc of a non -tangent curve to the right having a radius of 5288.82 feet, and a central angle of 02°43'04" for a distance along the curve of 250.87 feet; the chord of said curve bears N 73°59'48" W a distance of 250.84 feet; 2. thence N 72°38'16" W 1244.87 feet to a point on the accepted east line of Lot 4 of said Section 20 whence the southeast corner of a parcel of land recorded under reception number 467225 in the office of the Garfield County Clerk and Recorder being a red plastic cap (P.L.S. 27613) found in place and accepted as a point on the east line of said Lot 4 bears S 01°51'02" W 9.41 feet; thence N 01°51'02" E 490.79 feet along the accepted east line of said Lot 4 to the northeast corner of said Lot 4 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 88°18'52" W 1429.59 feet along the north line of said Lot 4 and Lot 3 of said Section 20 to the northwest corner of said Lot 3 whence the Southwest Corner of said Lot 20 being a 2-1/2 inch Aluminum Cap (P.L.S. 27929) found in place bears S 00°06'31" E 1008.11 feet; thence N 00°06'31" W 1630.93 feet along the west line of said Section 20 to the West Quarter Corner of said Section 20 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); thence N 00°04'12" E 2632.88 feet along the west line of said Section 20 to the Northwest Corner of said Section 20 being the POINT OF BEGINNING. EXCEPTING THE FOLLOWING FIVE PARCELS: 1) MIDDLE EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located -in -the -West Half of Section 29 and Northwest Quarter of Section 28, Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at a point on the easterly line of said Section 29 whence the Northeast Corner of Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°09'28" E 1250.72 feet thence S 01°09'28" W 346.32 feet along the east line of said Section 29 to a point on the northerly line of a parcel of land described in Book 495, Page 596 in the office of the Garfield County Clerk and Recorder, whence the west Quarter Corner of said Section 28 being a 3 inch Aluminum Cap (County Surveyor) bears S 01°09'28" E 987.24 feet; thence S 88°09'03" E 557.11 feet along the northerly line of said parcel of land described in Book 495, Page 596 to a point on the southerly right-of-way line of Garfield County Road 115; thence along the arc of a curve to the left having a radius of 826.12 feet, and a central angle of 17°50'11" for a distance along the curve of 257.17 feet; the chord of said curve bears S64°07'08" E a distance of 256.14 feet along the southerly right-of-way of said County road 115; thence S 73°02'14" E 43.18 feet continuing along the southerly right-of-way line of said County Road 115 to a point in the easterly line of said parcel of land described in Book 495, Page 596; thence S 00°01'52" W 114.31 feet along the easterly boundary of said parcel of land LEGAL (:5 L # ,"0123665.3 • "Mir 1}.rAsg+PWi)l'4YNA.ymryg vnNr 1..4•nR•:1 Ka•VN wRn.�•.n. ail. ;l.l)U.in -%- • • • • • • described in Book 495, Page 596 to the southeast corner of said parcel cf land described in Book 495, Page 596; thence the following four courses along the Southerly Boundary of said parcel of land described in Book 495, Page 596: 1. thence N 89°58'08" W 327.05 feet; 2. thence S 54°10'41" W 185.54 feet; 3. thence N 42°16'19" W 154.20 feet; 4. thence S 59°30'35" W 216.33 feet to a point on the boundary of a parcel of land described in Book 988, Page 802 in the office of the Garfield County Clerk and Recorder; thence the following six courses around the easterly, northerly, and southerly boundaries of said parcel of land described in Book 988, Page 802: 1. thence S 13°45'40" E 111.74 feet; 2. thence S 89°58'08" E 101.60 feet; 3. thence S 00°01'52" W 69.06 feet; 4. thence S 88°48'28" E 25.57 feet; 5. thence S 00°37'24" E 148.37 feet; 6. thence S 14°45'31" E 57.78; thence S 58°03'40" W 625.36 feet along the southerly boundaries of parcels of land described in Book 988, Page 802 and Book 736, Page 345 in the office of the Garfield County Clerk and Recorder to a point on the southerly boundary of said parcel of land described in Book 736, Page 345; thence along the southerly and westerly boundaries of said parcel of land described in Book 736, Page 345 the five (5) courses: 1. thence N 75°53'28" W 35.87 feet; 2. thence N 66°59'35" W 380.19 feet; 3. thence N 50°53'55" W 27.02 feet; 4. thence N 25°54'08" W 19.09 feet; 5. thence N 05°08'09" W 580.16 feet; to a point on the westerly boundary of a parcel of land described in Book 886, Page 329 in the office of the Garfield County Clerk and Recorder; thence along the westerly and northerly boundaries of said parcel of land described in Book 886, Page 329 the following (3) courses: 1. thence N 05°36'42" W 538.91 feet; 2. thence N 04°18'35" W 374.95 feet; 3. thence N 82°52'22" E 323. 76 feet to a point on the southerly right-of-way line of said Garfield County Road 115; thence along the said right-of-way line the following three (3) courses: 1. thence along the arc of a non -tangent curve to the left having a radius of 993.47 feet, and a central angle of 03°01'08" for a distance along the curve of 52.35 feet; the chord of which bears S 34°41'10" E a distance of 52.34 feet; 2. thence along the arc of a curve to the left having a radius of 480.00 feet, and a central angle of 36°06'40" for a distance along the curve of 302.52feet; the Ichord of said curve bears S 54°15'04 E a distance of 297.54 feet; 13. thence S 72°18'24" E 273.90 feet to the POINT OF BEGINNING. 2) EAST EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in Section 28, Township 6 South, Range 88 West, of the Sixth Principal Meridian being more particularly described as follows: Beginning at the South Quarter Cerner of Section 28 being a stone monument found in place and remonumented with a 2 -inch Aluminum Cap (P.E.L.S. 5933); [F.(i:11 JS li # 70128665 3 1) LwF 1,..9C.e.uwiDCUt M.NwIncv.... w.un+n. u.c-It 0.......gnm..w Ob -8- thence N 88°33'15" W 1084.24 feet along the south line of Section 28 to a point on the westerly boundary of a parcel of land described in Book 938, Page 691 in the office of the Garfield County Clerk and Recorder; whence the Southwest Corner of Section 28 being a 3 -inch County Surveyor Aluminum Cap found in place bears S 88°33'15" E 1495.74 feet; thence N 01°00'28" E 2568.63 feet along the westerly boundary of said parcel of land described in Book 938, Page 691 to a point on the westerly boundary of a parcel of land described in Book 638, Page 941 in the office of the Garfield County Clerk and Recorder; thence N 01°01'12" E 691.65 feet along the westerly boundary of said parcel of land described in Book 638, 941 to a point on the southerly right-of-way line of said Garfield County Road 115; thence along the southerly right-of-way line of said County Road 115 the following seven (7) courses: 1. along the arc of a non -tangent curve to the right having a radius of 594.56 feet, and a central angle of 41°58'28" for a distance along the curve of 435.57 feet; the chord of said curve bears S 43°10'12" E a distance of 425.90 feet; 2. thence S 22°10'58" E 307.62 feet; 3. thence along the arc of a curve to the left having a radius of 1421.75 feet, and a central angle of 15°49'57" for a distance along the curve of 392.87 feet; the chord of said curve bears S 30°05'57" E a distance of 391.63 feet; 4. thence along the arc of a curve to the right having a radius of 370.00 feet, and a central angle of 32°43'14" for a distance along the curve of 211.30 feet; the chord of said curve bears S 21°39'19" E a distance of 208.44 feet; 5. thence along the arc of a curve to the left having a radius of 2437.42 feet, and a central angle of 28°42'24" for a distance along the curve of 1221.22 feet; the chord of said curve bears S 19°38'54" E a distance of 1208.48 feet; 6. thence S 34°00'06" E 1152.91 feet; 7. thence along the arc of a curve to the left having a radius of 430.00 feet, and a central angle of 23°03'17" for a distance along the curve of 173.02 feet; the chord of said curve bears S 45°31'45" E a distance of 171.86 feet to a point on the south line of Section 28; whence the Southeast Corner of Section 28 being a 2-1/2 inch GLO Brass Cap found in place bears S 86°11'17" E 1745.44 feet; thence N 86°11'17" W 829.99 feet along the south line of Section 28 to the POINT OF BEGINNING. 3) GARFIELD COUNTY ROAD 115 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in Sections 20, 29, 28, 33, and 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being a 60 foot wide right-of-way extending thirty feet on each side of the following described centerline for Garfield County Road 115, said centerline being further described as follows: Beginning at a point from whence the Southwest corner of said Section 20 bears S 89°59'26" W a distance of 2853.70 feet, said section corner being a 2-1/2 inch Aluminium Cap found in place; 1 LK; A I._f 1S Ii # 70128665.3 0'.WI'L,w0V.i.n',wWC04.7I,II,Pi.•$„wrng V.by I Www, I.I4 • 411,,,nrewl.W 111''7 m v., 1 _ 9 _ • • • • • thence along the arc of a curve to the left having a radius of 5318.82 feet, and a central angle of 04°16'52: for a distance along the curve of 397.42 feet; the chord of said curve bears S 77°43'40" E a distance of 397.32 feet; thence S 79°52'05" E 121.04 feet to a point along the section line common to said Sections 20 and 29 from whence the Quarter corner common to said Sections 20 and 29 being a Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears N 88°32'13" W 720.55 feet; thence S 79°52'05" E 331.86 feet; thence along the arc of a curve to the right having a radius of 900.00 feet, and a central angle of 20°29'08" for a distance along the curve of 321.79 feet; the chord of said curve bears S 69°37'31: E a distance of 320.08 feet; thence S 59°22'57" E 217.30 feet; thence along the arc of a curve to the right having a radius of 1081.34 feet, and a central angle of 35°38'00" for a distance along the curve of 672.50 feet; the chord of said curve bears S 41°33'57" E a distance of 661.72 feet; thence S 23°44'57" E 73.66 feet; thence along the arc of a curve to the left having a radius of 963.47 feet, and a central angle of 12°26'47" for a distance along the curve of 209.29 feet; the chord of said curve bears S 29°58'21" E a distance of 208.88 feet; thence along the arc of a curve to the left having radius of 450.00 feet, and a central angle of 36°06'40" for a distance along the curve of 283.62 feet; the chord of said curve bears S 54°15'04" E a distance of 278.95 feet; thence S 72°18'24: E 264.99 feet to a point along the section line common to said Sections 28 and 29 from whence the Northeast corner of said Section 29 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°09'28" E 1219.42 feet; thence S 72°18'24" E 167.61 feet; thence along the arc of a curve to the right having a radius of 377.41 feet, and a central angle of 25°33'14" for a distance along the curve of 168.32 feet; the chord of said curve bears S 59°31'47" E a distance of 166.93 feet; thence S 46°45'10" E 235.64 feet; thence along the arc of a curve to the left having a radius of 796.12 feet, and a central angle of 26°17'03" for a distance along the curve of 365.22 feet; the chord of said curve bears S 59°53'42" E a distance of 362.02 feet; thence S 73°02'14" E 636.67 feet; thence along the arc of a curve to the right having a radius of 624.56 feet, and a central angle 50°51'15" for a distance along the curve of 554.35 feet; LEGAL LSE tt 70128665.3 °NWh. G.,V4,n:BW1:[:ft.ICNo'.*.,nt V.4.., H.d.n,f. W..X .IVM-p ,.,, .lF :1 IT try wp1 -10- the chord of said curve bears S 47°36'36" E a distance of 536.33 feet; thence S 22°10'58" E 307.62 feet; thence along the arc of a curve to the left having a radius of 1391.75 feet, and a central angle of 15°49'57" for a distance along the curve of 384.58 feet, the chord of said curve bears S 30'05'57" E a distance of 383.36 feet; thence along the arc of a curve to the right having a radius of 400.00 feet, and a central angle of 32°43'14" for a distance along the curve of 228.43 feet; the chord of said curve bears S 21°39'19" E a distance of 225.34 feet; thence along the arc of a curve to the left having a radius of 2407.42 feet, and a central angle of 28°42'24" for a distance along the curve of 1206.18 feet; the chord of said curve bears S 19°38'54" E a distance of 1193.61 feet; thence S 34°00'06" E 1152.91 feet; thence along the arc of a curve to the left having a radius of 400.00 feet, and a central angle of 25°53'11" for a distance along the curve of 180.72 feet; the chord of said curve bears S 46°56'42" E a distance of 179.19 feet; thence S 59°53'17" E 38.40 feet to a point along the section line common to said Sections 28 and 33 from whence the Quarter corner common to said Sections 28 and 33 being A Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears N 86°11'17" W 896.52 feet; thence S 59°53'17" E 421.00 feet; thence along the arc of a curve to the right having a radius of 779.79 feet, and a central angle of 35°42'49" for a distance along the curve of 486.06 feet; the chord of said curve bears S 42°01'52" E a distance of 478.23 feet; thence S 24°10'27" E 644.62 feet; thence along the arc of a curve to the right having a radius of 882.82 feet, and a central angle of 26°58'38" for a distance along the curve of 415.67 feet; the chord of said curve bears S 10°41'09" E a distance of 411.84 feet; thence S 02°48'10" W 238.01 feet; thence along the arc of a curve to the left having a radius of 729.53 feet, and a central angle of 37°41'54° for a distance along the curve of 480.00 feet; the chord of said curve bears S 16°02'47° E a distance of 471.39 feet; thence along the arc of a curve to the left having a radius of 200.00 feet, and a central angle of 53°37'43" for a distance along the curve cf 187.20 feet; the chord of said curve bears S 61°42'35" E a distance of 180.44 feet; thence along the arc of a curve to the left having a radius of 2171.07 feet, and a central angle of 08°19'31" for a distance along the curve cf 315.47 feet; the chord of said curve bears N 87°18'49" E a distance cf 315.19 feet to a point along the section line commcn to said Sections 33 and 34 from i.EGAL. LS.E4701.86,53 'WI'.I;..v'RIm IIW,IN:UEN: SYnng VNMy•kI A.n$rxrwnr•W. Iv.,. - 11- • • • • • • whence the Northeast corner of said Section 33 being a 2-1/2 inch GLO Brass Cap found in place bears N 01°30'32" E 2209.86 feet; thence along the arc of a curve to the left having a radius of 2171.07 feet, and a central angle of 15°20'11" for a distance along the curve of 581.13 feet; the chord of said curve bears N 75°28'57" E a distance of 579.40 feet; thence along the arc of a curve to the right having a radius of 280.00 feet, and a central angle of 55°26'50" for a distance along the curve of 270.97 feet; the chord of said curve bears S 84°27'44" E a distance of 260.52 feet; thence S 56°44'19" E 393.81 feet; thence along the arc of a curve to the left having a radius of 669.07 feet, and a central angle of 21°39'21" for a distance along the curve of 252.89 feet; the chord of said curve bears S 67°34'00" E a distance of 251.38 feet from whence the said Northeast corner of Section 33 bears N 28°52'13" W 2741.66 feet; Such parcel being a 60 foot right-of-way (30 feet on each side of the above described centerline). The right-of-way lines of said right-of-way shall be prolonged or shortened to begin and end on and conform to the property boundary lines. 4) GARFIELD COUNTY ROAD 114 EXCEPTION PARCEL LEGAL DESCRIPTION A parcel of land located in the Northeast Quarter of Section 33, Township 6 South, Range 88 West, of the Sixth Principal Meridian, said parcel being the right-of-way for Garfield County Road 114 and the intersection of Garfield County Road 114 with Garfield County Road 115, said parcel being further described as follows: Beginning at a point on the southern line of the Northeast Quarter of said Section 33 whence the East Quarter Corner of said Section 33 being a Stone Monument found in place and remonumented with a 2 -inch Aluminum Cap bears S 88°27'45" E 551.40 feet said point also being a point on the easterly right-of-way of Garfield County Road 114; thence N 88°27'45" W 77.11 feet along said southern line of the Northeast Quarter to a point on the westerly boundary of said County Road 114, whence the Center Quarter for said Section 33 being a 2-1/2 inch Aluminum Cap found in place bears N 88°27'45" W 1883.48; thence the following two courses along the westerly right-of-way of said County Road 114: 1. N 40°27'03" E 99.05 feet; 2. thence along the arc of a curve to the left having a radius of 270.00 feet, and a central angle of 69°20'35" for a distance along the curve of 326.77 feet; the chord of said curve bears N 05°46'46" E a distance of 307.19 feet to a point on the southerly right-of-way of Garfield County Road 115; It(;Ai t;5 f:#70123665.3 i:V.II. II Jin...1.Ll- X 41.N..Kniwvni 01. 11.17Iy..Vn - 12- thence the following three courses along the southern right-of-way of County Road 115: 1. along the arc of a non -tangent curve to the left having a radius of 759.53 feet, and a central angle of 06°00'12" for a distance along the curve of 79.58 feet; the chord of said curve bears S 31°53'38" E a distance of 79.55 feet; 2. thence along the arc of a curve to the left having a radius of 230.00 feet, and a central angle of 53°37'43" for a distance along the curve of 215.28 feet; the chord of said curve bears S 61°42'35" E a distance of 207.51 feet; 3. thence along the arc of a curve to the left having a radius of 2201.07 feet, and a central angle of 03°41'58" for• a distance along the curve of 142.12 feet; the chord of said curve bears N 89°37'34" E a distance of 142.09 feet to a point on the easterly right-of-way of Garfield County Road 114; thence the following two courses along the easterly right-of-way of County Road 114: 1. along the arc of a non -tangent curve to feet, and a central angle of 47°19'32" for 388.21 feet; the chord of said curve bears feet; 2. thence S 40027'03" W 70.18 feet to the point of beginning. The right-of-way lines of said right-of-way shall be prolonged to begin and end on and conform to the property boundary lines. 5) The "Metro District Director's Parcel", 33, Township 6 South, Range 88 West of the further described as; Commencing at the true point of being a 2 -1/2 -inch aluminum cap feet; thence N 00°00'00" E a distance thence S 90°00'00" E a distance thence S 00°04'09" E a distance thence S 34°36'11" E a distance of the southeast quarter of the thence N 88°27'45" W a distance the left having a radius of 470.00 a distance along the curve of S 64°06'49" W a distance of 377.27 or shortened a parcel of Land within Section 6th Principal Meridian and being beginning, whence the Center of Section 33, , bears N 88°27'45" W a distance of of 1398.31 feet; of 942.50 feet; of 680.56 feet; 123.09 of 919.80 feet to a point on the south line northeast quarter of said Section 33; of 333.30 feet along the said south line to the center east sixteenth corner of said Section 33 being a 2 -1/2 -inch aluminum cap; thence N 88°27'45" W a distance of 1132.90 feet along the south line of the southwest quarter of the northeast quarter of said Section 33 to the point of beginning COUNTY OF GARFIELD STATE OF COLORADO Spring Valley Ho!din�USA. Ltd. parcel. A PARCEL OF LAND LOCATED IN SECTIONS 14, 15, 22, 23, 26 AND 27, TOWNSHIP 6 1 EGAL USE # 70128665.3 �.1wr L77,7imWwr*IJLKIS%., .yV ALy If.iM.i.t , LLC. k a.t,..,,..010h ::.17 .94 -I3- • SOUTH, RANGE 88 WEST, SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26 BEING A 2-1/2 INCH (ThITED STATES GENERAL LAND OFFICE (GLO) BRASS CAP FOUND IN PLACE WHENCE THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 88 WEST, SIXTH PRINCIPAL MERIDIAN BEARS N 55002'21" W A DISTANCE OF 19,017.18 FEET; THENCE N 89°14'59" W 598.59 FEET ALONG THE SOUTH LINE OF SAID SECTION 27; THENCE N 00°45'01" E A DISTANCE OF 425.99 FEET; THENCE N 08°45'36" W A DISTANCE OF 1546.11 FEET; THENCE N 25'57'07" W A DISTANCE OF 1863.71 FEET; THENCE N 57°12'11" W A DISTANCE OF 1507.60 FEET; THENCE N 33043'34" W A DISTANCE OF 2585.68 FEET; THENCE N 67°46'01" E A DISTANCE OF 2056.57 FEET; THENCE N 49°17'33" E A DISTANCE OF 440.21 FEET; THENCE N 61°02'11" E A DISTANCE OF 1510.00 FEET; THENCE N 34°57'59" W A DISTANCE OF 1160.00 FEET; THENCE S 55°19'58" W A DISTANCE OF 662.28 FEET; THENCE N 32°36'07" W A DISTANCE OF 720.00 FEET; THENCE N 52°00'40" E A DISTANCE OF 570.00 FEET; THENCE N 04°18'14" E A DISTANCE OF 1705.77 FEET; THENCE N 59°25'06" W A DISTANCE OF 380.00 FEET; THENCE N 44°04'32" W A DISTANCE OF 720.00 FEET; THENCE S 60°11°19" W A DISTANCE OF 1740.00 FEET; THENCE N 00°00'00" E A DISTANCE OF 700.00 FEET TO A POINT ON THE SOUTH LINE OF THE NW1/45W1/4 OF SAID SECTION 15; THENCE N 89°58'25" E A DISTANCE OF 470.00 FEET; ALONG THE SOUTH LINE OF THE NW1/4SW1/4 OF SAID SECTION 15 TO THE SOUTHEAST CORNER OF THE NW1/4SW1/4; THENCE N 00°01'49" W A DISTANCE OF 1039.21 FEET; ALONG THE EAST LINE OF THE NW1/4SW1/4 OF SAID THENCE N 89°58'11" THENCE N 00°00'00" THENCE 5 90°00'00" THENCE S 00°00'00" THENCE 8 90°00'00" OF SAID SECTION 15; THENCE 5 00°04'13" E A DISTANCE OF 370.03 FEET ALONG THE EAST LINE OF SAID SECTION 15; THENCE N 89°58'41" E A DISTANCE OF 1319.22 FEET TO A POINT ON THE EAST LINE OF THE W1/2SW1/4 OF SAID SECTION 14; THENCE S 00'01'19" E 980.00 FEET ALONG THE EAST LINE OF THE W1/2SW1/4 OF SAID SECTION 14 TO THE SOUTHEAST CORNER OF THE W1/2SW1/4 OF SAID SECTION 14; THENCE S 89°59'40" E 1318.39 FEET ALONG THE NORTH LINE OF SAID SECTION 23 TO THE NORTH QUARTER CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 00°05'23" E 5277.46 FEET ALONG THE EAST LINE OF W1/2 OF SAID SECTION 23 TO THE SOUTH QUARTER CORNER OF SAID SECTION 23 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 00°00'49" W 5529.94 FEET ALONG THE EAST LINE OF THE W1/2 OF SAID SECTION 26 TO THE SOUTH QUARTER CORNER OF SAID SECTION 26 BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE 5 84°59'30" W 31.37 FEET ALONG THE SOUTH LINE OF SAID SECTION 26 TO SECTION 15; E A DISTANCE E A DISTANCE E A DISTANCE E A DISTANCE E A DISTANCE OF 1158.63 FEET; QF 150.00 FEET; OF 1440.00 FEET; OF 940.00 FEET; OF 1360.33 FEET TO A POINT ON THE EAST LINE C,E(,AL US_E # 70123665.3 0 ,WFr . KrxwW0011.1 °.1SSyn.1 Wnr :xw..g.. GIe. 11.6S...omen! - 14- THE NORTH QUARTER CORNER OF SECTION 35, T. 6 S., R. 88 W., 6TH F.M., BEING A 2-1/2 INCH GLO BRASS CAP FOUND IN PLACE; THENCE S 84°41'15" W 1292.34 FEET ALONG THE SOUTH LINE OF SAID SECTION 26 TO THE SOUTHEAST CORNER OF GLO LOT 14 OF SAID SECTION 26; THENCE N 00°21'37" E 372.49 FEET ALONG THE EAST LINE OF SAID LOT 14, TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE N 89°53'31" W 1611.72 FEET ALONG THE NORTH LINE OF SAID LOT 14 TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE S 00°00'14" W 525.17 FEET ALONG THE WEST LINE OF SAID LOT 14 TO THE SOUTHWEST CORNER OF SAID SECTION 26, BEING THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO i f :GA1. [;S E 7012R65 3 u10,1,1,e,XonviwcvoZLJENIVSpronK v.u.r LLC x 1 A,.!rin..!.w 311T. W,N - 15 - CONSENT TO ASSIGNMENT The Basalt Water Conservancy District hereby consents to the foregoing Assignment subject to the terms of and conditions of said Contract and the District's receipt of all charges related thereto. The District's consent to this Assignment is subject to the additional conditions set forth on Exhibit B attached hereto. Dated this 17th day of November, 2005. B S ATER CONSER ANCY DISTRICT By: p�,wa-O..ns,K un,BwC717:1.2MTASesue valley Iffl V. LLC • K }ytnuaaymwn liil- 66.1 Christopher L. Geiger, Attorney f• salt Water Conservancy District _2_ EXHIBIT B -0 AS ;LAMENT OF BASALT WATER CONSERVANCY DISTF. ICT CONTRACT Ti- : Assig:•• a 1 mad . subject ,ent to which this Exhibit is attached to and made a part of is a ved the following conditions: 1. An', .nd all conditions imposed upon the release and diversion iter is ,tted=reu.ade.- =n any water rights plan of augmentation or other water right : :ree r he W er C : u ` or Water Division No. 5 shall be incorporated herein as a core. 1 of jrova of ti s ._ ntract. Granting of this allotment contract does not consti . the trict't •epr Ln tion that the Assignee will receive a well permit or water right', . :ree + the 1: 1 d ti- )e enefitted hereby. 2. 11...l of recording the Water Allotment Contract or this Assign r.:.it, a :mor: •dur.- ,.)f 'Vater Allotment Contract will be recorded with the Garfield .. my :rk ar Re. ,•d '..-'s Office. The costs of recording the Memorandum shall be -3a;1 by ,ignef. 3. FENT: Assignee shall pay annually for the water service describe .. IR :rein [ pric . ,_o - =. . A annually by the Board of Directors of the District for such 'vice. 'mer :f t1- , ual fee shall be made, in full, within Fifteen (15) days after thi.. .. :e of entice orri . -'strict that the payment is due. Said notice will advise .-'le As. nee, :ong . ler • ., of the water delivery year to which the payment shall a -)ply [ the ce wl :h is Mable to that year. If a payment is not made by :he due d,.:•:e, :. fee 550 (c Zthi, runt as the Board may set from time to time) wiii be asses:- Final itten ,lice delinquent account and late fee assessment will be sent 17-, thc- strict the ilk. ,gne .- .ssignee's address set forth in the Assignment attached. . i pa\ int is t ma wi -irty (30) days after said final written notice, the District mi. it its tion, ect t i nate all of the Assignee's right, title, or interest r: nder this Cor :t, in Lich e -nt t .ter right allotted hereunder may be transferred. leased or of: ,vise ;pose )fl) District at the discretion of its Board of Directors. ist p: ride ligate -o di lin tai valic: t forth ri the signer: :lust c- Zendc if ap press i ;f'did( c ble for:.;nAssi ice with the �;.4nxiwf�wt{s�CL 4L' PERMIT: If Assignee intends to divert through Strict a copy of Assignee's valid well permit any water hereunder, and it is the Assignee permit. Assignee shall also comply w i th all restr: permit obtained from the Colorado Division y with the well -spacing requirements set forth le. Compliance with said statutory .veli-spaci he extension of service hereunder, and the Dis, s failure to comply. Assignee agrees to mark the :1 number. -1G- well, then , efore the G continuous tions and lira )f Water Re:- C.R.S. 537-9' criteria shi - ct shall in no yell in a cons: ;nee et is .y to cions rces. .7, as e an ybe [oils 5. MEASURING DEVICE OR METER: Assignee agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Assignee's water right and the terms of this Contract. On or before November 15 of each year, Assignee will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Assignee acknowledges that failure to comply with this paragraph could result in legal action to terminate Assignee's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Assignee hereby specifically allows District, through its authorized agent, to enter upon Assignee's property during ordinary business hours for the purposes of determining Assignee's actual use of water. 6. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Assignee shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 7. CONTRACT TERMINATION: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Assignee. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Assignee threaten the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Assignee: 1. Assignee may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Assignee's liability for the next annual contract charge. . ,+r...n,e, M.r•xweo� Frrts,sa,..s fu. ,, .17 •11 -17- • • AGREEKENT THIS AG I. is lade this i 3 7' dap of between the BASALT WATER CONSERVANC7 DIst IC' , r r. and a `gwai-municipal entity created pursuant to C.R.S. 1973, 37-45--101, et seq., (hereinafter referred to as the "District") and SPRING VALLEY HQLDINC, LTD., a corporation qualified to do busi- ness in Colorado, (hereinafter referred to as "Spring Valley"): WHE.s, Spring Valley is the owner of those certain parcels of real property described in Exhibit 1 attached hereto and incorporated herein by this reference. and has proceeded under the applicable procedures In Garfield County, Colorado, to have such property rezoned and planned for a P.D.D.: WHEREAS, in connection with the planning for said P.A.b.. it is necessary that Spring Valley acquire a dependable legal water supply to service the develop- ment contemplated for such property; and WHEREAS, the District routinely allots water rights held by it under decree. contract or otherwise, to provide a legal rater supply to rater users within the District's boundaries pursuant to an Operating Plan approved by the State Engi- neer. Division of Water Resources, State of Colorado, as said Paan 1s amended and updated from time to time; and WHEREAS. Spring Valley has, by even date herewith. submitted its application to the District for s Water Allotment Contract pursuant to said Operating Plan and there art certain aspects of Spring Valley's application which require additional agreements between the District and Spring Valley. NOl., THEREFORE, the parties hereto agree as follows: 1. Spring Valley recognizes that the District's agreement to mint a portion of its water rights to Sprint Valley's propertirr will probably re„ult in the District being required to file an Augmentation Plan in compliance with the conditions of the District's Operating Plan as approved by the State Engineer. in the event that an Augmentation Plan is so required, Spring Valley agrees to reimburse the District for ■evenry-five percent (75Z) of out-of-pocket costs incurred by the District for legal and engineering services in processing such Augmentation Plan to final decree. The District shall periodically, but not more frequently than monthly, provide Spring Valley a written 'statement setting forth the lege] and engineering costs incurred by the District in connection with such Augmentation Plan and Spring Valley's share thereof, and Spring Valley shall pay such reimbursement to the District within thirty (30) days following racsipt of such statement. 2. Such Augmentation Plan may. in the sole discretion of the District, encompass other areas within the District which are currently served under the 4111 District's Opersti.ng Plan; provided, however. to the extent opposition to District's Augmentation Plan is caused by or directed at such other service ureas and is not based on issues common to the Diatrict's service to Spring Valley's properties, the additional cost which the District determines to be attributable to the defense of such opposition shall be borne by the District andfor the owners of such other service areas. as the District may determine. 3. Decisions concerning the form of final decree of such Augmentation Plan and conditions, if any, to be included in the right of use of the water rights described therein ahal.l be in the sole discretion of the District; provided. however, that should such conditions. in the sole discretion of Spring Valley, render the Operating Plan inoperable or In any way limit Spring Valley's use of the property in compliance with the existing zoning and county approvals, Spring Valley has the right, within thirty (30) days after entry of such final decree. to elect to cancel the within Agreement; provided. in such event Spring Valley will pay its share of legal and engineering costs incurred to the date of such cancel- lation. Such cane llaticn, if it sours, shay_ be in writing to the District at the address shown below. • 4. The parties acknowledge that Spring Valley's development encompasses approximately 2.750 equivalent residential units and will be phased over a period of many years; accordingly, the District reserves the right to allocate water it currently owns to others waking application therefor; provided, however, that the District acknowledges its obligation to serve such units as may Erne rime to time be constructed on the Spring Valley properties in the itirnre and which need the District's service. 5. Spring Valley agrees, on the anniversary date of this Agreement until the subdivision is built out, to provide a written summary to the District of the [cumber of units actually receiving vete r service as of the dace of thnr notifi- cation and to project for the upcoming year the number of units likely to be constructed and to require nater service during the coming year. 6. Spring Valley acknowledges that the District charges a certain annual fee for the allotment of the use of its nater rights, which fee is net annually by the Hoard of Directors of the District. In canaideration of the District enteric into an Allotment Contract with Spring Valley pursuant to the tarn: of this Agreement. Spring Valley agrees to pay the District an shall be the greater of the following: annual service fee which (a) The sum of $2,000.00; or (b) The product of the amber of equivalent residential units receiving rater service pursuant to the District's operating plan or augmentation plan multiplied by the District's regular rate for such equivalent residential units; or (c) The product of the following formula: 130/500 x District's total payment to the United States Bureau of Reclamation or its successor under the District's contract for water from Ruedi Reservoir dated May 13. 1982 x 1.1 + (180/500 x District's overhead and operating costs in excess of the District's tart revenues). All service fees due from Spring Valley shall be paid in advance, all as more fully set forth in the District's nater allotment contract with Spring Valley and in the District's rules and regulations as may be adopted and amended from time to time. 7. The District reaervess the right to "audit" the number -nf units actually receiving District's service pursuant to the annual notification thereof to be provided by Spring Valley pursuant to paragraph 5 bereinabove. 8. Spring Valley acknowledges that a portion of its propertiee described in the Exhibit 1 attached hereto may not currently be within the boundaries of the District. Spring Valley agrees. prior to the date it requests District service within such , to petition the board of Directors of the District fnr annexation of such areas to the District. Actual prnviainn of District service r+' the area not included within the District shall has been completed. 9. The District acknowledges that Spring Valley may not occur unril much annexation assign this Agreement in whole or in part. provided, however that such assignment if it occurs shall only be in conjunction with a general assignment of the real property described in Exhibit I, or other assignments such as to a Homeowner's Association nr Water or Water and Sanitation District which will succeed to the obligations of Spring Valley hereunder; provided, however, any such assignment shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors, provided that such requirements uniformly apply to all a.11otees receiving District service. 10. This Agreement shall be binding upon the parties hereto and their *soigne. 11. All notices to be provided hereunder shall be provided at the follow addresses: Desalt Water Conaervsncy District c/o Dan Karst Schenk. Karst i deWianter 817 Colorado Avenue, Suite 201 Glenwood Springs. CO. 81601 Spring Valley Bolding. Ltd. 4000 115 Road Glenwood Springs, CO. 81601 BASALT WATER CONSERVANCY DISTRICT • ny: tcretary .%: SPRING VALLEY HOLDING. L . -44c.e By: ATTEST: Secretary • Parcel 1 Township 6 South, Rance 88 West, 6th P.M. Section 15: NW% Section 16: All Section 20: Lot 1, Lot 2. N1/2, N+sSWk, and SES. Section 21: All Section 22: Lot 1, W+NW+, and Nwk5W+ Section 22: Lots 1, 2, 4, 5, 10 and 15, and Els Section 29: Lots 1, 2, 3, 8, 9, 10, 13, 14, 15, 16, 20, 21, 22, 23, 26. 30, 31, 33, 34, and 35 Section 32: Lots 2 and 3. and WhNE: EXCEPTING prior conveyances of portions of the above described real property as described in deeds recorded as Document Nos. 230659, 250138, 239150, 239151, 239218, 239219, 238860, 259524, 259525, 259529, 286912, 293788, 293966 and 294722, of the records in the office of the Clerk and Recorder of Garfield County, Colorado. EXCEPTING also, a 30 -foot right-of-way for private use as described in Instrument recorded as Document No. 274946 of the records of Garfield County, Colorado. Parcel 2 Township 6 South, Range 88 West, 6th P.M. Section 14: Section 15: Section 22: Section 23: Section 26: Section 27: Section 28: Section 29: Section 32: Section 33: Section 34: w+s5W+ , SWIW S+sNE:, NW+:NE:, IJkSE:, NE:SW+, Lots 1. 2, 3 and 4 NE+, NEkSW ; , Lots 2, 3, and 4 E+Wh , Lots 1. 2, 3, and 4 E+NW., Lots 1. 2, 5, 6, 7, 8 and 13 All of Section 27 Lots 3, 6, 7, 8, 9, 11, 12, 13 and 14 Lots 11, 12, 24, 25 and 32 Lots 1 and 4 NE;, Lots 1, 2, 3, 4, 5 and 6 whNW4 , SEkNW EXCEPTING from the above described real property those portions thereof previously conveyed and described in deeds recorded as Document Nos. 109223, 109224. 281622, 221052, 281051, 201588, 289675, 282773, and 277987. EXCEPTING also, a 30 -foot right-of-way for private use as described in instrument recorded as Document No. 274946 of the records of Garfield County, Colorado. EXCEPTING also, that certain non-exclusive easement and right-of-way for roadway access purposes described and reserved unto the grantors in that certain Warranty Deed recorded as Document No. 277986 of the records of Garfield County, Colorado. EXCEPTING also, SEkNW', Section 34, Township 6 South, Range 68 West of the 6th P.M. =in B r a "A" RESOLUTION NO. 8.6 - BASALT WATER CONSERVANCY DISTRICT WHERE. spring Valley Holding, Ltd. made applicantion to the Basal40 t Water Conservancy District for a Water Allotment Contract to serve tercel property of the applicant located within the District; and WHEREAS, the for= and content of said application is in conformity with the current requirements of the District; and WHEREAS, the Board of Directors of the District has duly considered sold application at a regular meeting and has approved said application as being in the best interests of the District and its inhabitants. NOW, THEREFORE. BE Ii ELWLVm, by the Board of Directors of ,the Basalt Water Conservancy District that the application of Spring Valley Holding, Ltd. for an Allotment Contract in the form attached hereto and incorporated herein by this reference, and specifically subject to the provisions of that certain supplemental agreement attached thereto. shall be and the same hereby is approved and the officers of the Dixtrict are hereby directed to execute said Water Allotment Contract on behalf of the District. A TEST: Secretary STATE OF COLORADO COUNTY OF GARFIELD By: BASALT WATER CONSERVANCY DISTRICT r President r The undersigned secretary of the Basalt Water Conservancy District does hereby certify that the above and foregoing is a true, full and complete copy of a Reeclution adopted at a meeting of said Board an September 13, 1484, as will appear from the original minutes of said Board on file in the office of the District. Ito WXTNESS WHEREOF 1 have hereunto Ret my hand and cause the seal of the District at Glenwood Springs, Colorado this day of 1984. Secretary • 11.sAL7 ATElt' consrE A1.w7 D1S771C7 wATZh ALLd1lmr comm T (Yurauant to C.R.S. 1973. 37-&S-221) Tht undersignue Applicant has spelled to the =asa►lt 'Later Censer;snr-: (hereinafter the "District"), s 701_ical sued:vise= of the S:a_e of :clo^aoc. crran-zee _ rsue.= to and e_.-s'iaa h+ virtue of Celcrado Ret-iser S:btu:es. ic-1. .. _-r. c: sec.. err +Alco._..: =tree: err zentittial csc a:e r _ .� .t.=. ..Hirt:. 7. , cam__-- s: ;i. .. �_._ £:•:tom.. _. ..._i .. -., at:. rt .:r... .,a: r=r k`.: tt. Tr. tar . t7«;: +'ie; 1. v:.+:!_ 1: _e eenside-z.ion d7 the covenants net cendl tic ".r herti7. :C':._.. -.r: Art -litre: ;:ram pt c-:itlec tr' reieivr and egret' to �ent:iclel R r_ C=D17 , et • 04E7 &T7:7.7: -k:,..r .r-= ....:e:: f:rwi:t: 77.:." L-: _2111 .04.::: :T:. L. 5C7=7 07 ALLOT= = �1: ..i:er 71X0Ls allotted pvrsuzrrt tC L:LZi ceet:art scall be :rot the District's -ate: rights decreed to the r.=sal r Conduit. ;..antis Czna Etoci..z Ditch Zetension or DT.D07 decrees cr lege7 rl,ghts hercfi:er a:cL_rec h' tie 7lieerift. including the D Baric:'s cC::aC_s&_ .,T.I to rest::'t sterner -seer Ire= r t,s Reservoir. The District skal1 :.ave the rig :t tG per;.; .s'.e the .ate: right or Lester of the District Lr m vhic. the Applicant's allotter: rights shall he obtained. The Applicant's use of any o: she District's water rights shall he subject tr ane and ail teras and conditions izaesec by the Water Court on the use of the Districr's said rights. Exchengr relerses ape tree the District's sterner rights its %uedi keserveir DT other sharks and facilities of that District 'heal be delivered to the Aerlicaet a: the outlet L'ori.r, of said storage fasilary and release of water at such outlet weeks shall coesitute full performance of the District's delivery obligation. Delivery of water frac the District's storage rights in Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pc_sueer thereto. 3. PURPOSE AND LOCfTI0N 07 DES: Applicant will use the `eters herein granter', for beneficial purposes limited to the augmentation of existing and future wells and ocher water sources, within or through facilities or veep lands owned, operated or served by Applicant, which lands are more fully described on Exhibit "A" attached hereto, provided that the locatiac ani purpose cf Applicant's use of said tater s'nelr be le;all;' recta;- .zee and permitted by the aeelictzit governmental authority baring eerisdiction over the property served. Applicant's contemplated usage is for the tolloving use or uses: huaicipal: X Domestic: Agricultural: industrial: Other: Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant ohtalnanr or adjudicating, on its own, tht right to use certain waters. It ir• acknowledged that certain locations within the District nary not be suseeprible to Nervier spiel'• by the District's water rights allotted.hereunder or the Iiintrict's hard rater T rights may not satisfy Applicant's needs and purposes. To the extent that svr"ace cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant t.ay utilize such other water rights, be way of supplementing the District's water rights. or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands. facilities and areas served by water rights allotted hereunder shall be situated-vithin the boundaries o. the District. The District reserves the exclusive right to review and approve arty conditions which ray he attached to judicial approval of Applicant's use of the District's water r1Fhts allotted hereunder. Aprlieant eel to defray any out -o. -pocket expenses incurred by the District in connection with the allotment of Later rights hereunder, including, but not lighted to. reafsot-rsetaent o: legal and engineerin.. costs incurred in Connection with any water riehL - adjuC)Catit necessary to alio` Apt.Iicant's use of such allotted Later rights; provided. however, the event any such adj udlt:ation involves more of the District's Later rights gran tri allotted pursuant to this contract, Applicant 1. al.l bear only a pre -rata portaor of such expenses. Applicant shall be solely responsible for providing 'Jerks and facilities, if any, necessary re utilize the District's eater ri;hts allotted i.ereunocr for Applicant's benefiziel_ use. "lee ereviee erevieee UT in, eeetrict seal] be limited to the z=:.-'� - ' -.trr a=+i2aralr an °" priority et tier cri,ganal Avant el diversion o{ the ezr_rsc;-y arreicable water right and neither the District, nos :hoar enxitaed Li c- lLzr the IlistriLt's decrees, ma+ earll tits ene greater ameue: at ire=• or al:e=„::t vet=o ei d-versace. The Discreet iiieel ee-.1Ls: tee Coic;ado S: re rs::=a,tt stn coeve:-ante !rises hervtera twee eras.:.a3 point anti ane pre= ane such es:zytr siva!l be dedeast. Lr ucted item a�vnt ineach castate ref District, ar aeeonr using tht Its_-xtt's decrees. -e- €all on any a de:ione :ate- be i':i:,..,eele a: at. il:Et«.it. 3E=.et of .h: event :rpt :--.1acee: -.._encs to develce ae surmenta:ac 4ereitutt leeel ;aveceeeeees ier _tri ze rcea: c: suer- aueerezzezce r•ia- taxa_' ehe l:zee :,-___txr t aeee: i,_.-tt: heeeuner` :h eeeete.ee Gt...^S l:.. 8[ ..r.:- ler eelen . ere::: zee:: lee eve-: zee etee::: [-em»_2:tt": .x- .e uteeeee the vete; ; al.t:ttf hereunder, eplecant shtle not er oellgated LO 7CLT a: deerey er+a• )10;a11 07 eneeneer in= erpense el the District in:erred b?• the District for the purpose of develo-.in= ame .ad,udicagine a plan c` augmentation for the District. lr. any even„ the Diserece stall have :he -ishr to approve :Meeeice-''c Eur...ee emi : -lee and the £vulvar: ercrede Ler Itiserece ce':its cf ast^ tat:. enc tf plantings nae eehc—. papers tiled etzb :he :pier tour, en the ac, uGa cetarn thereof- _ {. PAYe h`'1. AFplieani sea= pat annually for the Late: ser—ice describes herein s: a prase re kb* fixed manually by ice such savvier. Fire � the Dtsard o1 Directors of the Distract icemen._ a t: .e_, payment shill be made. in full, wi:her le days alter the date of a notice err= the I►isteiet the: tiar iriteal payment is due. Said notice will advise .toe aprlicsat, among other things, of the tater delivery year to which the psyae•y: shall apply and -the price which is applicable to that year . Annual paymen_s for each year =hereat ter shall be lade by the Applicant an or before each March 1. If an.mn:ttcal parmen: esnot made b'- the due date, written notice thereat will be sent be the Dis:rice to the Aa_.71iceet at Appliczetes address see iorel below if payment isnot-made within ten OC)) days after safe written notice, the. District ray, at its option, elect to gamic.: t e all of the Applicant's right, title, or .interest under this contract, ist which event the eater right allotted hereunder may be transferred, leased or tethering', disposed of by the District at the discretion of its Board of Directors or otherwise disposer' of by the Dis:_ict at t`ne discre:los e; les Board cf Derec • of the I?isteamt. In the event Later deliveries hereunder are made by or pursuant. to agreesen: with some other person, corporation, quasi,municipal entity, or governeental entity, and in the event the Applicant fails to make payments es required hereuedtr the 'Distract uay. at its sole os:ian and request, authoreie Said per son ter entity to curtail the apolicanr's Later service pur:cant to oris contract, and is such event neither the District nor such person or entity =hall be liable for such curtai3.sent. 5. APPRDPRIATION Or FUNDS: The Applicant nerve.: t fur t ,:n iocrr c.r. 'hie contract is valid and en forte, Applicant Lill bueert visci epspeopt fate true t.utir sources of revenues es may be 1e!ally availaisle Le tin• Applicant the f ussds necessaryto sake the annual payments in advance of water delivery pursuant to this contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of rater pursuant to this contract. for discontinuance in service due to the failure of Aeplieant .© izaantain the payments herein reeuired on a current basis. 6. BENEFIT or CDh'TRAel: The Later right allotted hereunder shall be eenefieially used for the purposes and in the manner specified herein and this contract is far the e-r,clusit•e benefit of the ,'.uplizant and shill not inure bengalit o: ane suttetsor, art et. or lessee of said Applicant tithou,the et[` the eeicten approval of the Beard of Daretters of the District_ _ totic+ Its the event the water right allotted hereunder is to he used for the benefit of land r.'hech is noL or will hereafter be subdivided or otherwise held rr owned in separate ownership interests by tier (2) or taore users of the enter right allotted hereunder, the aeplecant eay assign the apnlecrttt's rights her tunder ogle tc t homed oars' cicada:acre. water da r :r: t t bI eater anO san::;Rt: garter c: eretierle tieeteteee 'rare L.: elr - utrdi: its' �•- r' -tui t i :10 la.• C= ta"' State of Color+de and then only if suer, association or -special d: :r:c' -Eaa:.lnshes to the sAtiiiac:ian of the basalt LaLeT Conservancy I'xs;r:e: .;_ . x. authority the ahilirp and authorlru' assure its performance of the +pr2s;17_'t r ail f gat: os =tier this contrat__ in no even: shall :irc owner o: .i r irts tri:, all. of the applicant's ` c _" lSst• �. praper:•r L4 Or served -tinder this tCT:rrc' rights hereunder, except as such ..� association r7 O, �aFhLs rime �.isr ti:rovFh i he*breG�'-1=-= _ specs.. district as abov. proraded. Any ass• -r. c: :h: -=. ._t Ger tats C=_:ret s.,i` +,. mei: �.-_... -r:-�- n -..t: eT circ t. ce at ��T�ts. :C a'•- -.S. C"', 1` -. _ t•c:. S�TTlesT_r -:C7:,aeT Tr.z: SLieh :-szt'r _..tet_ i:.cam .� eer-_ a.. ----=x t: service. ;he eds:arestrictions orassan._:h: tt herein cr rtim . ;1 nc: rrecrloe miss District crer holdint Tnt 1-'llesr:t_ Lr arc s-dere_.tr the er-Lozol e. :t,l+ ;r- -ht - z` e. sly "a: ....c:,:cL7tcT"F rt e 7. Li r. rr,r,icant's rights tinct- this the Water Sa.--i� �:=+ as adopted by :he t_s-, cr:'�:at_ sisali be ssab�ec: to provided Se such q .rid. and attended from time tO time; Water Service ler shie11 apply unifert2v thretphou: the Litt Loo sowa er;:se , red:.vnror_C th sant servi ire :ht g"'istrits. Appl_s=: 'nal:«-. Colorado, t M y.. _:.. LJ the alter Consaratcy A=t' c_ the .E`ri'e c'. a_ ::les and Frt:rlat.it•_t o: the b- - .the pl•=:~.:.pg •dr•isory, Board of Directors of the Distract. ;mta a • water Conservation. and staged curtailment regulations. r7l.icabie c-fti:ia tier_wenry in which the ,rater allotted hereunder is to be used, together with all amendments of and supplements to any of the irreBoig. e. CUETAILMEXT 07 t'5=: The water service provided hereunder is subject to the Pro iszaas of the; exp laton le ressly an file is the District Court in later Divisior.ho. es3 3 of the State which Stipulation provides, in part. for the possible cr_rtailm-nt of outiofshours zuniciapl and domestic ,:Atex de:aade -sob the *esti:once e: certain events Enid, the District giving notice of such curtailment, all as more fully seoforth in said Stipulation. 9. ' Ith� '711IX'I�TiANL;£ A . _ "Operationativa and lSaintenaace A rel. Applicant shall eater into an of errectors : ' emeat.. rite L+istrict if and when the Board Inds aria determines tna: such a: agreeneat is required b}. additional er special services requested by the annlirant and District o rtas�„ t•' r by reason of the delivery er use of water by provided for °` the one of the classesof service ►ahich.mre defined in the Rules and 1Regulativ so of the Board.of Directors of said District. Said a e to, provision for water deli.verr Lt c`seat mag contain. but not be lit:tt$ terms if standard at times or by smears not provided within the Consideration for extension ofment ntracts District services and for ,additional administration. the Distract As,d additional annual monetary oPeration mad maintenance costs, or for other costs to the Dintriet which may :.rise through a. r.ratao... services made available to the Applicant. 1QikNCr Qi *'. The District re errnc approve or disaporvvE any L},r r.srlersivu• riktiit rn rarorr: ane approveer, Any] proposed change in .usr Di Litt. Uw t et ra gilt allot L,.d hereuse other than that set forth ircreie or any pease or sale of the water or Later rights 'hotted hereunder without the prior written approval of clue District shall be deemed to be a material breach of this contract. '11. PRIOR RESOLUTION; to that cert 5 The meter service provided hereunder is e air, Resolution passed by the board of Directors of the expressly , September �. 1979. sc: let as the same exists upon the elate of this application Dzzrrict on contract. and allotment 17- : the A It is understood and agreed that nothing herein skull C_re Applicant any equlLablr it the Later ar Late, lc -a3 fee title interest er nwr, richt toer use r1ChLs of the District. but that Applicant isYhip entitledntoothe :he water right allotted bereunder, subject to the obligations and conditions of this contr ACL. lamitataons, • 13. COSSM7sAT1.0K ?RACTIC.ES: Applicant shall implement and use commonly accepted conservation practice with respect -to the nater and Later right allot- ted hereunder and shalt be bound by any conservation plan hereafter adept ed by the District, at the same any be amended frau time to time. 14'?C_S: Any notice to be provided hereunder shall be fi sailing the same by tinited States first class mail, postage prepaid. to rhe rernective parte as fa_lni.-s: less=. ;:perm Censervape- `?nye _r- lord. ?resins= -�+• ?Car Office Box 1 Z2 .ebe1, CO 81628 vera by addrec ill, Wit^ c_7m to: tar. Lerst Scheme, 3 cyst dei4nter 817 Colorado Avenue, Suite 201 Glenwood Springs. CO 81601 Spring Galley Ealdint, Ltd. LOOP road 315 Glenwood Springs. GO 81601 1S. :eDDITI0NAL PROt'TSIONSe (a) Prior to the District's provision of service to the applicant's property. the applicant shall provide the District proof that the proposed land use of the property to be benefited by the Later allotted hereunder diction over such land use. has been approved by the applicable governmental authorities having juris- (b) This contract is expressly subject to and supplemented by the provisions of that certain Agreement between the District and the applicant dated the � day of ` Lam. 1984, a cafe of which is attached hereto and inco rPora�trkd herein by this reference. DATES] this L`u^ day of . 1984. Secretary ATTEST: Secretary STATE OF COLORADO cowry OF BASALT WATERCChSF&vAxCY DISTRICT- • Presidett SPRING VALLEY HOLD/NC. LT11, By: Treticent Subscribed and svarr to before me this ..2L_day of Basalt Water Conservancy District. • rel �.ty 1984, by Fiord b Cranford as President and Barbara nick vs Secretary of the WITNESS my hand and official seal. ht commission expires: TA.., 120 tf16 • SITE OF COLORADO COUNTY QT 7 ) SS Subscribed and supra to before see this day of 1954, by as ?resident and as Secretary o. Spring Val] er bolding, Ltd. L7.7KEE! z- hang and o_ j9 c=aj seal. tir r =tss on a tzet: kotari Public Parcel 1 TaNt:shic 6 South, Rano` of tiest. Gtr p.': - Section Section Section Cy- Section Se -tion 15: 16 20: 29: - A11 Lot 1, Lot 2, lv=i, N%Si- , an! 5z 1,:ts 1, 7. 4. 5, 1rant 11 ,-�..Z. Lots 1. , E, 0 10. 13. 24, 1, 20, 21. 22, 23, 26. 30. 31, 11, 34, 35 Lets 7 3, Z: _...=TI1.G prior conveyances of portions described real property es described in as Document Nos. 230659, 25013E, 239150, 239214. 238e60, 259524, 259525, 259179 2575'66 and 294752, of the reroras in the Clerk and Recorder of Garfield County Cc of the above deeds recorded 235151, 239218, 2E66=12, 29378£, Ioffice e: tilr oradc. :EXCEPTING also, a 30 -foot right-of-way for private use as described in instrument recorded as Document No. 274946 of the records oft Ga=weld CoL,arl•, Colorado. Parcel 2 Township 6 South, Ramie 88 'hest. 6th P.h. Section 14: Section 15: Section 22: Section Section Section Section Section Section Section Section 23: 26: 27: 28: 29: 32: 33: 34: w1/2SWI;, NE:S ': 1 . Lots 1, 2. 3 and 4 NE:, N SE:, E►yNW1:, NE;SW;, Lots 2, 3, and 4 E1/2w1/4, Lots 1, 2, 3, and 4 E1/23='1/4, Lots 1, 2, 5, 6, 7, 8 and 13 All of Section 27 Lots 3, 6. 7, 8, 9, 11, 12, 13 end 14 Lots 11, 12, 24, 25 and 32 Lots 3 and 4 NE:, Lots 1. 2, 2, 4, 5 and 6 .:-yh':,I : , SZ ;NW EXCEPTING from the above described real property those portions thereof previously convoyed and described in deeds recorded es Document Nos. 109223, 109274, 281622, 281057, 281051, 281588, 289675, 262772, and 277967. EXCEPTING also, a 30 -foot right-of-way for private use as described in instrument recorded as Document No. 274946 of the records of Garfield County, Colorado. EXCEPTING also, that certain non-exclusive easement and right-of-way ,for roadway access purposes described and reserved unto the grantors in that certain Warranty Deed recorded as Document No. 277986 of the records of Garfield County, Colorado. EXCEPTING also, 5E. -1,W, , Section 34, Township C South. Range 68 West of the 6th P.H. EXHIBIT H BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 328 Pursuant to C.R.S. 1973, 37-45-131 Aspen Springs Ranch, Inc_ (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973,37-45-101, et for an allotment Contract for beneficial use of water rights owned, leased. or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. OUAN 11TY: In consideration of the covenants and conditions herein contained. Applicant shall be entitled to receive and apply to beneficial use 6.0 cubic feet of water per second from the District's direct flow rights and 240 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALLO 1-11 ED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit. Landis Canal. Stockman's Ditch Extension. or other decrees or water rights hereafter acquired by the District. including the District's contractual right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The Distirict shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained: provided. however. that delivery of water released from Green Mountain Reservoir shah be used to fulfill this Contract allotment only if. and to the extent. that such water may appropriately be used for the augmentation purposes described in Paragraph 3 below. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources. within or through facilities or upon lands owned. operated. or served by Applicant. which lands are described on Exhibit "A" attached hereto; provit;ed that the location and purpose of Appli- cant's use of said water shall be legally recognized and permitted by the applicable governmental authority having. jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: Domestic/Municipal: X Industrial/Cornrnercial: — Agricultural Other 1 Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to use certain waters. It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes_ To the extent that service cannot be achieved by use of the District's allotted water rights. or in the event said service is inadequate. Applicant may, utilize such other waxer rights. by way of supplementing the District's water rights, or otherwise. as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights: provided. however. in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract. Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities. if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District. nor those entitled to utilize the District's decrees. may call on any greater amount at new or alternate points or diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees. may call on any additional sources of supply that may be available at an alternate point of diversion. but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder. Applicant shall not be obligated to bear or defray anv legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event. the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. subject to the provisions of the Order attached to and made a part of this Contract. The District's contract year for purposes of the annuni water service fee shall commence each April 1st and end the next following March 31st. The annual fee charged to Applicant shall be at the same rate then being charged by the • • • District to other like allotment contractees pursuant to the District's rules and regulations. Payment of the annual fee shall be made, in full. within fifteen (15) days after the date of a notice from the District that the payment is due, Said notice will advise the Applicant, among other things. of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said written notice, the District may. at its option., elect to terminate all of the Applicant's right title. or interest under this Contract, in which event the water right allotted hereunder may be transferred,. leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity. or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request. authorize said person or entity to curtail the Applicant's water service pursuant to this Contract and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FLNDS: The Applicant agrees that so long as this Contract is valid and in force. Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract. for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign. or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association. golf course corporation water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado, or other entity acceptable to the District, and then only if such association, corporation, special district or other entity, establishes to the satisfaction of the District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all. of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association. corporation. special district. or other entity as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption ofContract obligations by assignees and successors. provided that such requirements shall uniforrnly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the 3 Applicant. responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OVER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shalt apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado. which Stipulation provides. in part.. for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment. all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain. but not be limited to. provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for exten- sion of District services and for additional administration. operation and maintenance costs. or for other costs to the District which may arise through services made available to the Applicant_ 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25. 1979. and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District. but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations. obligations and conditions of this Contract. 4 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 14. WELL SPACING REQUIREMEN'T'S: Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shalt be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 15. TERMINATION/REDUCTION BY APPLICANT: Applicant may terminate this Contact or reduce the quantity of water allotted hereunder effective on the April 1 commencement date of any District contract year by giving written notice of such termination or reduction to the District no later than the March I preceding the contract year for which such termination or reduction shall be effective. 16. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water :Allotment Contact will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. APPLICANT: Aspen Springs Ranch. Inc. Bv: Applicant's Address: c/o Christopher L. Thorne Holland & Hart LLP P.D. Box 8749 Denver, CO 80201 STATE OF ►rletack ss. COUNTY O } Subscribe and sworn to before me this day of ,i r\ z ' [:� WITNESS my hand and official seal. My commission expires: 1 UF= 'C:AL NOTARY [SEAL LSA';.% Z ASN'ti'CCR Nc;r,1.Rv 1 "3ZC STATE OF FLCKrDA 5 N otary'ub lic��� 1998, by 4 a".^...aai '-'"':C .;._' +.:si,.,= +i +. •.+ : eKa , r "X� �2=17..w•tr w. �.�' w =1,21F ....: CG4' = - `�",� 'ins s'•♦.� = Vii; = ;.: er = rZL r ...= .-r "' �-.^+'r .11 .4� + 234 �,r 4r :w..rrw w♦ •rfi.�.w.. *L4"` ,ZJ wr N�i•0.�•414-mrog.•m• 414 +=•i7W-4127 .:7a»r ----Tr; =e; .yiyavLLw -anJ 4;G e &".rll C. Czurzr : + !ion !r := a «inns .ze c nrz..n- ca _ ='"•'l = `:`.e ti741113 li ani .moi a' .'•...�'".l.Ri ri .._r,e Ir ori !CZ a ^ eaw. r ♦ ! .,.2„w -;-;-?Lu 2 zr rr�.• r%� we= .n2•:'c.t. -.�C+i. . a r,� ` i';�. r'.:d �•y♦ + tiw:i ; 2 .:-rt. �Srurvaistr, r1LT - Caz:-r�.♦e N•_r'e �' s -N w1.wVk "Z.L�sC�$ ri.=.-,re .w + f '.: te.� • e. 7.1; c=„7-2: '• "�WCa L..ai4Ce 1 a�aY.r • • 4a.r+Fie ."w.'. ESI �"�� =••� .j CE 'fM 4 �.•rioa�.a -=7,11.14 -w�.�ra�r.�w_ w .F♦/�':. r.: i ,_.r - 4i+A '40 2g~-::27 rl• ,C. air v-2 i Grie 1 :#.17: MrsiirC.4 4gMr+i •Zi; . alr. alga-Z174i•" ,a��� + rZe .fir ire /.,e -� R, ijLr �Irr 4 wviQi'i= +:i�.•- .r--. •� � +-+www ia: wr 3�1G .w^i.-Mr � Wi :.Cl�r .^� � �.+3w N _: 'r•.�"'�Yi-'_ - � 7- tan-% N i.�r-.i.443ie..r.� « `y�.'�.'.� a4=g zte ai-,. _, ss z -:-de ,` .►.� . ming a Mai= 71g racia �? waa ai,C. l ! G`..-. �� ;C' a C.1 --a':_ LSE -.7.1 +r -t:.. ♦a .=•-•-= zar z ...C-=.7 cif, == •mow ...+ -. - +-- �STe _ `�+� ��. pi4p., _ �i �+�s1i�w�i.�s!}►Q.w�u� ri +.. ��wJi,� C a . w"I C L �.-�t�''. .� brier he4•`^i .M4...� M• -� � ar_i� V ��rr f_ a # 4. . E s . 2';w:` aIC:'�C cs maw.. a czve ri :.� :$3.' ;.a,ia: a r,2 _ r. ''. r,�, � to 2= a C. .:i aT.a:$ :» � • tr ; i" ZL'� aiCT. "'r` C' sew �� "� ^.:.. ems- ' : za=,a i : 'f'C'=ti- •iil' '••+•.44i.= vim. '1'-•' �•� .+ -_ a- ���• ii r w i4. r.a r " tl.Y-+' = y .. .a.an-. tr.= to iir r s c. dE uaB ef: naifi ; ianitr .+ 7'4E1'1 'rt2 iai y d2 ' � ' !- a . rr Via., a; =41 ,.w =. r•.7w +� - .sel'n'f 31it'. a r_+, air .r r . r aiCrr ".ta ▪ tar w 4 ri �- i� "' �w. • r'4• -t ri r _ 'yfiT =en= i tib:. �t .r: ";'- _$.^".w` <r.:- r.2 = =.-4L-..1= r -_ . as".I:r ... yids a il�i'ti a •a;. .••arral•MI •:-".r is .: i2 ""1� �: y• _... "2a� ".'2 C -c: ai C:lJ2 =2== {� 7cra.. ! -. 'N 4 t"' �a.�"' w - .. '.:rt- TM �: 1.1" wew= C: "..2 !"'-- - •.a .•-1A- -.w ya •war r•±+Yi♦!w I�w.-rr s. ala -= .err 1i '•sf.� Qi Oi�.Tr-_ �r CL•. r • " :7. Via.':: N r. '.0 .•_. 2 a �r..., r.. -2 vel :..-.i< Nc +:. �r -... �.2^....`♦..: :. _ ,r, r•- ~ per+ r « r �2 •, .. r -.7V E rr.` �.r .:`• rev _w,.. wr. tr''+'er=didi - W.4:e"r_..▪ .. =M.1'.� =XIV.. an= ri>wr+' C.r. r4 ►-r•-. �... �' w. -' y yQ.iY� r.it.w.-.G,• ` :u Wirer. ▪ ar-= '. r :!ne «' . az=' ""67, rte- . - c :;ate_ _ : •- _. '; nen= • ▪ +.r �♦ moi.+iw•...:id :.2m-rrxr. {2± C aiww .••••=. c_... -•2.'-'d r:�.�cs J :: =1iC aas �p�rl. ��1f .,~ °� fir^� �:� 7'.--1^•V= :YC =���G rr Y'r wr71 =. i•..Z I �•+ a rCi ` _� � 4i •r Y.arrr.�G .- =---x ter. r F �4r�+r �r .Y z ra �'i.'ir' v! .+ne • CZ^L a= :. ter �"� ....:`=i'4E" -tis 5 ter 7 Tmr.. _ _; .17_-r a =r.iii it i.e C4:1 2"V -ruc :mss ▪ a a'.aaw' Cr tail: C24 =2�' :rI _r :+`C •7! C, a �m �::i, • :..•_._ .• ,_.341: ^ r�.•:Zisi.J `"" _ : _eR r »_ _ +e�... ...2,^.l .y, .. wry. +♦e_w.` r. .-•+.L.�si�:'.� �2 °�"'1cis: =-4.-J for:•a,== -- :ri .-� X 1E. . _c..a r� �.2•. ..- E :=2"' 2"' E _ .::...c♦ d :: 3 -,412-..r =' 4416... -��i� -=_X .. a�.e , .. '.YI 24 ':�k C17 -7;e =.1741 -.c= •+r.''r'.;aj �^�'- - �y ' , r + - � ..�e:�c/r�;,c z�.� .:.err: .: 3 r �+_Q_ � '.._._�y ter. �cr� . ie �rw4 pe�� Tie ryCyi� viii �i dr. C' !at% 4+.�_-.�.r .ii -�'.,...`{ .-..r,. ��.�L4 _•rte' an: '�r.l �_�. yA.C� s� ;11 y'`e z.1.Z2 �. r.� L.:w .,'d �.$.'' < ai ��: �2."._..:." ' .- 4 r.. .a �.:'••m 0...Q4.d w: r4 lab -� =' ... i•♦ ✓41_• 41 w rr. • 3-27:72 »'2 11c.ifin- ci=Z: -`9r CV=''T+f:.:;.nc 7 e`= • •L .r ice:. 3 i0Q=c '_ _ : _ _ r••• :,: !-_2 - �`�' f7.: _ e1= a+Ci: 2 a'. : i a 4.: `: 2 'C :: �.... ,�.-7.nn~. a + �s:::� :� LCe.r. sir =i +i.:7'2 ia .s.: a w'�ao+;.�. +aim.: ..= --ye 7:2^.Lsm•i^eI 41 ter' '- ... a :CI= +� -2 '.' 'q1^1-;::'.�::xi : :- s 7.2.1":2: Cr;ai. . :•2w� __' .r3. �3L� �yi r4f 2 �� .L.� . -tan- vtirrra .% Ca aL rte. z -an= •Lr•.�sf�4.y :nree C=•T=-� wC7 Teti '�`."d -_. - r.. r .. - 17-1--S .•:cI' �' :.:anis rs.`' ^��."w.=2'' �P'; ='�C tir' -� :.yam Zen= - - 'N gam"? = o' ..=:fii :.,:"@ er:.::� �ir;e c, -" Y"; 2' tier r.- -- r _-' _.. '.YZ'r2',:, max• - _ - . .-irri .�. ,��� r• :6Nq �. _ • r. :-- d ��.....' -� ;: �'-. ^rte - �� -`�.� - -- e-;_-' _ n r.rr..r-- -arc ..... _ .roc . _ - ..,. --'--....c..-.......:==: -.: �. Je-: ^�.".r z. tiJ "ter" • 2' N a G Wil.... G- wnar-r.. `�a rr+f..w .. -...774----4-- j--F7=5- �"' ..s ,.'��„= • .. �* � �-a+,... � � �a at: � ��..� ; :P, :%,��e�.r...... �" x � �r :iz L -.e ,•'....=-y �^ ����.rr �������� +���. ray _ ,.....:�� M'....�.rr+. r 9 SZTI ,.: .t",.....'z -z, C:a 1 .Z:= �.,� '°-..r..�. -Pi a , . ---err- - (` rw,. te r_, T aV .n aYL� a.� ��r� .+:.r . .w. r. :� r :y �p da Q r=T: r1 � CI a•- .Y. "• -4=d J rr�r :latI "Z: 'N . � :. `! 0rC1^ �•++w+ E Lim ,.a � .. .i '� t . �� :-.1_.,t1 .�f-.r� . 4a�.. � I r . fir.+ +s rse r w I L . '-�r''z. i w .�.. 2,=1; yie r+ •tAV+r= . :3L.liis w :.:-„,- t -.. '� Yr V a a==-e-=.--....''''''.7.a. ��+' d *rx.: 4 ti.M'w a..'r=aae ..m.. �r7ii�.+"�.. w .�a rz ,, ... c ' ' :T/iii a 2-`1=: #1;1/ r:+:.:• +.. (F ..-a].--2. ,r-::. NI U71 y+•r� , Q `►•'.1�^ '`:� �w . UP. �r!� f'/ r f.� �� 3ir..,��.1ia .�iC..iL �'I�. «�'w-iII I.:.-:rr .1 9.1 ra. gra .i a'°`.. .:J7.ttir �. wr+.....tha nc.r'.=w= =mar w .:riirr.. La - '#iie"w ::L '.. +.w. a, C. E' = t•••= w 1:1-..'"11.g.a r VZ'i .,.may a- 4.rn C.il, F:: .- Z c.-7r..lvwu-lc ui :'M.` .... +S. �1Li w r r :7-...,a CC • i :T-�w....r ~`T. :1 r 1rw . - mcna-- tie .ve r --- -i"-w -!Z .b 6 'r' .rnar w rte. r ...: =., `. '^ - ..: ja1pn + nfi,.a `.--...... a. wtr 1v ri.c�c... �.,.� a r�� a=7.,= -4,=.'`,7,-...a= :ii wi.-.-�°-ar.� arra...e.. rr'ia+3�'41i 3 2�:` !"fWr...'..r:r Car. F-.-7�, `er;C: M ....� _..ter. -, _ ,y .+ i a '�°!'"„r i � E. �C.� a� "Ale« Ina .t". =cw S �`I .�.� :., :i i$ NC�`X1mT, r-zma''y cid 'i '7•11 :.wa uaa :�.rrv1 r....- NINC ,ac.�[wa: EC w -. '4=-1-E. .r=e �4UlICC. _ f�+�cwing �--- ,�. :.�: ::NC ir �L:=1u[;+�G =!�PARC'-?-7.....":'AI ,) F_ : SCN t RC= L.SAL caZ3?- I iCN A r"'a -.`t'-i `..= ri'.'-!=.�; .ii aim to r . eif r.4'; anc to ?+� --,•fir C _ w..� ce A'��+. �� .+r �a�-r"�' M ri w 1 C1 w A'+�r+.►i 1. r .'-d11 �G a� �f Yc-.r r aLZ tial.ra F":I: a ,M..."'..,il,ym-�..aia=.' .a.' '.1; to -.zi'. ". .. -.' . tame' esx...%r_ al..s.... + 4.‘=. 17.1 .r7 ..= rte' -z'- =Ci :, ..•- .... w w �'=1:4 ':.`w a 2-;.;2 Inc � -r:TL....ra...="Z. C.a�.-±1 moi- t i 2.- •:-.=...7..-7. . e.."'i.i. r .:-...15,---2- w ::174:=.7.' .. a.-rC =2 a zee :1r:r. ' ..�w.. .. +r..a .=roan C.'1 w e `.c=a..rzu ine zr a -ir 2".--;. ?"-"-K •moo. --vim :n -a �2'.n" - } r.i ,-,..:alt an= � =.:c=:: Aim,- =n '+V'��`�.s•.-..3r �.... . ��••.•:,.r e . a ti : C .yl�ir 7::".wu* ^+'C`4.- r --.nisi ---,ve ic.-.. 1a, -- ' a MZ�i 7. E 24 ;ter '=wr.:4 ari1'...ywr - -. _ • ▪ ' "r :ii.r: na :: ,~m^3 'i1`2 -'z.,-..t. ..oar ;rs:.. -" :-�':7! -- ...f 4=. = -.. .ia},ff-ytir4rL.J��.��. •r.-� ��{41t inn.w .3i.aL`' rw��1.T .4 �+w C. r.G.� .'.ir.�r'_ - ti `� 3 ;.•.....-, .iiG ;'9TH i.arr� K ig�y-r;r Zia rw . .#i .'- �.�i. rr. - r .`.. -''~.-~ • ,����aa.. Va �zLa c.. -_.--e �.: Z2.'vOR� 7r.r �.�. 3F. � ��...rr •.� fr Z►w.= -.0 y.�..�� '�ll .t• =.r,• *.+waLV ..=c; i1C.. "...-:e.= .., ,7,1c.7- .1 rt rt. 1 .�fw.w wq/. a . s - ', are ya =C..:L=1! .,z�. ..� •. �..yu .y...r 3i\.r l.rG ;-�.. .aw°.�'i . .. r•� = _▪ . a:�-� ,. ... , ' SQA r a R) w: r a aim � � = � .,.. '.`re - �.:.�r ' ::w.: its' C ci 'ter : •••=. :."i w' •• -=�' -- '�^� ?e --+ ..� _ a+ _ _--t ' " s E: • i.... -m -.5.7.2-"N =..-.. 7. • -- - , d.. 4• . / Z'r_+`..- -T• ' w �. ,+ NI 4. {^'r -2...w■ • A/ - '`.....2=2=ter.`' r2::::=C.77.1 : + r ircai .r r-'.- a --ah.--Te. biw ,:3..�.. - :.'r.= -Er. r>*2 ...-rr"' . u rw =a ' r, ^ ...r' ,ri ... rs . L . _ '.-� �.'!'.rrr,� ca :---..:.-.-z= ai�'�� "` ;- ``.re^� �:,�: w� .�a^1 2-, .: a.�4 mar= C: 'a%r :at =".,-. 'r: -:i .S'.'C. '72+:e .. "'..-.r+" .- :7-C ars+ E':"7-...72- ...,,e7=3,..w w+ 'rrC : a. rY. ra�'!'..,.r.-� C•y� i r=11 .Ivro= lea". ar• -^7 a C'i",.- rrr --...=. ^fir' �x�. y-�.ra+'rJ �2.^"ir.:.r„di. r: r.:aiiw SSE rV.l .::Sir --a fti : G �i'y�•r^ii :-.2r y -. �` r" 4! ,�r�•-air .air..-. fIi :as.r ..2s-:..;••� Pi +p".�.i ••:.r =`�:2 1. y4:A.`r.."`"'w , • �i>r:,^.y "`nob r2 •C•=0 •••...=11/ 2."! iia"'. ;%ien7-.141c--1. ....�cti •••••." �' -:a, �. !a%: ' ,. r�CY i : -it :? �+=S `.2 aic.iirr"- die =.,:re-- i s dJ- -:+. -� : -- r . r. '" N .E= -F. -1.-'=.0V121.+ i1--=-7.-5..77 N .°rL. 1 =an--- N 1_ 'i. J.nw! . r.r N - W lam.,.. .r i J z,t '.71' - ::i Ian :es,=-... ' »": "'":[ 5,i7. :"s7.79 .M :^ 7n2 :" =2.':.a C..:.i .a.-. C.:-..7.7., r.e ▪ =.icnc, 7.2 •Aie„s".t-...taa.= .^ra.-.".^.Y :.~.r - -t + w___ r�=.. a- in ..=. :.ti-= �i�.':3 aim 'c.tory ..., it -',.---:tet^ mm . �'ee1-.. -r i A+ r ... : ▪ =.a..7--. 2222 r11 -- -.w .-7 ,sem, .a -�.'.'a _-, .r ` -"..7a"..?rrr .a-pl� ar/ine `.- :.aim'zi :�^Crrl'7% Tic= 11. r.r,'79 =r==.--747:1114a•y :are 7.p r.....-dv. z. rrctl -r.w :nen-. .--.=7:7, me �:rd �.-.-.,iY�. --ie .:~Q`i.� ; S1L.wrr '1; -ter 72.62.-.P 'l.0 � C= -.1777-;-R an -m, +�� �-`1lrnr- .- a -,;-, .7,:c::.;- -e =-ve =' _ .fie ^:7 =.a: =.:re -7 2222 a ,-_-."'"'ca` ai'.c e -. = Ta .., .. -.. a': ,.�aiV .� i. -=a1=-7:14.- r ,+.. .. ... .s 7.,--7,-, Z=7.; zis:.',� �e -.-..e � r�... � �`.� 2222 .. 'a :ear:- - L-Z3 • r. �: r. =47i,.l ..r .ai..: ' .�. .- •` Fu. r -7z- 'c CT.` - ' r. `,-r.Ji•;.�:r M .. --..r... Z.a,."-= Ner_. 'A 7'.r" ;;71-.=---1 !a = fir- •. �i Z7 CIFL_''==.,."Z ..,::'::: . 7= 7-r-. C.7.,`.=''...":' �ti..r-• y,. `- + - :3_ ..- may........ •--_.Z. .. =:a= 7,n- -e_�y.,-�e:':`,� •+lr'•; c _..L;_. -7r.,!•- -=. - -'- ._...• .-...- - 's' . - '..i .. '. mlic 72 .75 1tr • •G • WwY11 a.. ..a.a .. r..•.P. .N =W:.X+r 4 =.-.. bine '4:=: ♦YG? [!'Ye :` C 3 C:a c :.. :.za . {� •.�.:. 22•••:: - i ..: �ww:ar �.C.,aiJ� +a �.r + 'i9 . .� 'dr/.rL17:yr1a-r rz-4 .74.•••••••••= •"�..:. •••:1:mow: 1nia.ra=t... 21.41 2'"`="•.:141-•°. rr 2441G1172 ria +..rte va = is-''.w'r+�•• i� 1 « �t4 4PPIP. /WO w =:2 +� ..r +C. wwrw^ E'. � ': �J.:... r`7�: V � 1 .! _ ▪ "�'�"� s,r...` �2 Ve•.�...... grxw. =a - : `'ii 1.5 +.ti r..s. = .4 +..+s+ 1 cf;-r•y -0-7•-'raft �1 an: •L. Q ,.....'"4 r-. aa��F�s ii�'� R+.+'.��+lFep+ +•a�a rr� W �.i,►. �+. + III- C,� 4 •a.~.... a2 Fi.. . ..:::: r +�Ziiii+..a.: d. 1 _ ▪ 1 Y 'Cd,. rte," Ar :1 Sar. 1+ ~.2 'xi. --Tri ate. --,. r r . a �u 4� ai1:' "'� ii ..:.--„a ..'"--�.'� .:�'�. ::a ®.R"'"""w.. ".ra. " f >. + a �e�" i.Carr-�.i..F."-"%;�4L1iY wr- --:-`7;4C1 • mimli• m...r+a+.rte.. XI r� , F'L�-� .r.�+1�;�"+i�E..."s. +M� r.a +�+'��,Y.�i� SI •a�ti Z� � C :.y$r"T1C*-'N++�1�%s= r,: c ....--7--= ..-..':-.= ���.I� ..}.� } C_r'J rrt.. r=-.rr"r as ;ir�7Y� n .a r=a a7=---;7. a r= ~ -,.4= ..1 • r.� . .rs: .P^'+: Mm".. . N aa4ay.-. IVG . r r ram ,i�-i- fine• i as • . �.nr: 4.-,5,: .11a...= ==any z .^r of line - =id w.31Ii'1 CC>:4. 11.5 r"iae :•.-r..t' `C_ 'nave-: [ i) =. r" 1. rer= atC.n + `e =.«aaxle Z~S.17..=ins am...-te:-_-4.:.'t= a=: =.- +r''.'.�.`12 �..'-:::-c1:."-. • iaG^C Me =ve.r... n ?.e - -4w ;-ears -1-......" -'-7,..._.-- =.s -cr.-47.124 tile= .Ci fi��„'. r Tw" _ r:cY *I rft rim r ", • w 4a=. iJlr:•r w.W t6r... a �.. 4W r -.a :»:'. •.a:T a . ■'-• � ' ..w 147.....7a. .. L :,IIC 4 Ls . 2::=E '=; 1 Z2"C".T: .f" e a .'"Z: Z�:.� =a re ^' :177 V f'.:. e = r. �wr •mr... - - - - -- - - - - - - cezrz G r: Je :"«e. ! :.a I:C i:r: �• '• �'`:...i•..-...212.0.--- .. '� r rL . s +....4411 o•••- x_^-a:=Cent.* ~a C`. z4.` Q"ua- �C- -i r r ,.G. - Y 1+.��, .. .Lr.:7 Ey '2 :a.•r7= c .�.r..: ..1':::-.-" ' .y'a;C 4 ti'-sr'..lrQi aTa`.� �J:� .`.. a C*' `r..-1 .� ,..e �' :'8 .. , :ter. baa --: ` 1a c•7ie t"..7-1= 5 .E a,.'r".�s-.- -71.1x :C a .....1- .M . is ----: .'ne Ju: '.... -..:E ai57:: --e r =:�...::.`r. '.';::r= ..+,•".1 � .:: :1: :..+...*: •�.:daa•rr Z. '+7`, arc +:••s r-..'= -. Gwaa ~ zttte eaC=.7. GaiiC,' l:. !SC :=.24 l - •=4"4-.S.'w• - 5:1-= �..Y�..... ��."'.:ai1. : w.lH �:-1r�e-- �:. .a1er rr;�- �.ar wr=..- =..r eYAr-,K.. r'•..-er ..... r �: .ai. _ •- w.:. "�:t�: .. �. ..•... �� rte: �rrta .�. ..C. • • r ."`.: i ,r �!4 ..*"..rte. C�-4 .' +•.rr . i. ^`7C -- r C.�,..�. 'wi. ate..,.• : ;."' m• ..�::" i � ! a NC. w': c:"=a �+��iiiil i:��:' ":` y zm C..""r..r...-- '.. � 7.7e _ r'3.:,'..."".a.' :« 72 N ".Jtir��.� .� :iaaiti ties: 15: :Alle : v :•,6112:7.47 - r J.... t,�✓�: =i.4. C �'Z : e 'Z. -f.r V•4.4 .i.4.:•i I!'a' .+- I .fir = die rs...-.Y �� w.-.':ar :' a e Nus41J.:-To rJ4. .r ~�... r ic"r+w. -.�. `rY ..r-. -... �: ZI:. '.w 1:::1= c- YG : y� 1J 'lYi!^L: +r' si�: vGw'r.. ik -'"7.1"" « -- %rigr ti/.i 1J4 wri ep C ^a'1Rrt • C 2-'12 Car. .Qa= +zz. "em.I i2.1C: N !ea; we= .:i: ■�l�a.�J��rA..�. +�.�r iar.Y rl :i�. r. +..: .+..` 'l1 ,�+ {�C. •r. • -:. ��''� . �� ��-Ir- •a- . r:1Y 1 Cr Gti.�31'{ILYJ •V' r-.. �.. .-iaG� .. :1YM�f-+.r1tl "�•+ w � :' -' a w , PAPC�. �E'� !';ICN A ^ -1 771'. - r-. E .,.r te .L +::...sir a,,.r.' �T�;�:��.r .:..�_▪ ' :rt - :G.S ±. ..- -� ::.� _& 1 CwT....Y.0 �r• Z'Y.�� aE i ryrr 'y +.w y� i"pr'i�..Gi .41G .w4ai.. tY `.f �"+Ru - .iwaa tea' ru..14 r. •n"�M .Crr - #rLr• .+.ti .r.J-...w-r .1 fir••' 's f 'vii 11e r�i r...r r SL raid �-�` - - - l •+.• .r �:�'I� �yw ���i.~� r:�u.R� ""�w"�. ... �.L i a+r..��'. r.'- •�I "G.�'....�. w�r� •r-�i rr�. .'ii� /j'••-'�.L��"..ww: +=4C .�.r,.et=;::.: �� :a z-: -:.� �.4.r�.� a Y. YC; -. r �1a,.. r-- ~fir r.�.�'.. c - [/� .l ....a :-`11.. Y«i'ia."-a C46. . f.'-. .M.r.�r +i -'R . r w :. .r.. - - '~L G :Z .; aw. .;Ya` =ice ti a ..-':8' �w °:?;� .-.:2 u �w.�.:: F-11/2.2 Z1,73 fir• ►w�� 73 = Ci a. CL-;8 .r'"_ =:a�... `"`��= :'. � w: �~� � z ,"-�� '� � �^r :fid � � �� .c =c .ai .. ,rirc---•,.� . c- �,.�.� � �,,.. .,,,� a �- - w-t,-w'w � ma s �.,aa� �@' :'� ,..rte .r�".. .a »"K`;�• � ai��aC: Gaa.r.,.• L`. "J r :. ._ .'. 4. z•:: �P� s s.C,,Q a C.w.�aaxi. �' Ct�� Zai 'ice`' Ire=' '•"`' = a : .. ▪ a'u,.,";,r �x+a ,�.'..". + 2 .''�..'... ... ,mm. Cor:...� �.. �rpr��a _ _ yVl�,1 x .L .... .., _ . - � W . yr.+ ^' + ,�.w ... dK �a r� = .ii a 144 .i. `w� 40, C-az-- tiai. :a:w:a.• ..• -�--x '...es---.R. Z.4 • 71 �• `alill� a iaa,:,.��� ,:%, � �r ,. ....47:::".!E"74. :Cl.� i :� 'r',�"= =4.7. --le sir. :: a- =7.:e.'�e ......� .axe ==-.:-..= •.�'.caC ,^..., JZ+ 1�w �_�. � ".� a .�..g : .."-'71.(:"1:---'1:11:r1; a �"� �iII� ::7:2 �'.'l� :' -*•=7". �� rx ,.,.`-oiL,C,.`.2 =cr.' a =rue` = �r aEr.+L � -g. +. .ar � ''`- r$ a :aL .--.7a.in; i a5". r 17=cr.; =77-1:2 "r ma a ,'-'�."'r.+ ai,we " i01..�= a :_.--,: -� =.--:_+ .tea a ar• 7 ''1+ "�Z.. ,' twrf: 7,,tL'S c S.5': .t "......=! 7:a".=_.cs�i .72 am' :`� a �'~18 ; "..c .7 ;17 ... +...'47.-------...- _ r G _Iaa: C:•7I2 X24 Y 3 �'--" _ L air o a =rya T uae :: iZ':C ;.^'�•.e -+ .i �- T IVAr ► a di : faCa,_,:z4.14.= `:4.r• a =7' e-....,,.....,=-R. .w zoom- _ wwy r- 4 =AI= 74---"7-1-= i4.a--w-= 1.1, 11:21= :4-4=C .17a -517-3.-4-6ry IL = =a a..7.-., ..afCv e^_:_ '-air. yi : c=rile 177. e4.1-74" 24Q f , , •r+•� W ir. a3I�..L� + �g ar'�"�'s ra$ .d4T ..: a sr. !2 �kxe iwr a.•nY'ST= a .ati:,'.r� a `err' '-443 27 =,6 '-;... =ad L:."i2 .".�,j� � ie.v .��� _ as a..ra4aaa.r .:ate: ate --tie � .�., :_ .w"sc�� ;'.2 �._";'�, .. aCL- ��:� =a Z .7-." � �.rre � the � i :.__� � r� E. � a'Cir ...=,; -� . �� -�•�:� ��� = -.2C.7 fir• ya at=3 ..r .r r., 81 •�L .�. "."-=-17:.71- C zlzt .r." i ��`�...ti�^�r'-`aL .rri.Y3 r4�r� f aw _!4�r'` .'�•-°r _ -It.' ,ti': ,.= c dkra�i3rar r Jae =Tan 6.4----et j.::=r 4.-..- r•r a4a.. Amer= taeCLIaa... .�tL :*��. ▪ .= ai: w .-.10.L7.7.: 41 1:--: iC.7r7'. =.7.. i + .. y C. f4�aNE-E'7 .a.rA ._ +a C •mowC 4:....J. •• t .. - r7 a �� •. �' arm _ r:e J2 . : 74 ='. C .2 :? IL ' -1 - a Ca'•S4sr;� r s7 :r, 1r;`^.� "", w +tom.. + - !� • r `. to u.e ......'.aYii3C a .--i.O:.S .. '••••-Z' 1 fat., - i e . - aTG: ._',2 cir c �•.:.i2 "�"�'-i.'e •�...,,�' 'w' 47 de:. t... n.... . s S;w'$i.wi+.'�'r .>ai..:. :.'.e r:."�°�' �'xr C.+a 7 v ar -. :s 3 `�", :y'_-j :,r��..��,.. .72.17.= 41 +mo w,IN=~ •r r , �7.r•:�x'w-me am a= $`ar..�JIr� a .a:::.. :a►.a :--- r:c7e „ ��A. +,, �•.•'Z+7� 3.4 a --ie ~ -LEC.-73 — a r r ''''. ie r1a�r Z.:.E.-.._".....217.,t �._�.�a, • �'..i... 'i.".... •:,. .ax:�� i2 Z.= -7 :is cc. -1* -•�.• eli� '11,=ri _�.�a+r a =.".42 _.. , art t. : fCai'� ...,.= .0; :�:�'~T:'�x �'•••• .... r..a, r..rt .. �.a..-�riE %.... eq.* .;�sG::'+=i-7. Z S. ia=G :.� a 3:_7--.74.:777..7.72 ITC'a 127:6711173 a..-r i.i ;•- er--_ 7...'•7:.„--ca j -� i . moi: _ a r... ", r -7 ! 2 C ��"- ." .:aiC S=ore ` - �.. ��.: _ a .=.':: aia::._iaa ���.'.:i1:2 �• :r _r .:ti aai�..:,Q. ria..i':Yiie"'•"" '.: ,'�C.Z%.. - . '''' r ." C.rrr.•. t1":7 :w �l±C. ,*r Cr+�� ~ .,r. it r'.�� .. ;:aia: �,: Cr �'�r� y. ��i..:.....L::ii »c-* .^.tet :4i�1 iar - r: .i�e :�'� �a`{jxI`w a i�:i m ___ —'__.`.._-- . .. ij'".- -4�� ar . 3 Ia �r i • 4, �. a P I.J a an: 9 of ai:.'..az�� �� i. ��•. •y`,� =rie v: ..r .. -z rie v++C.". • a.aa - •. y^��.•3 :tea r...: �• : �. cr ^i ro•r�:, :le n My-- = .m-i •r: Je r'�. ! •-.i, ... F. a :=t_ ,r •.1-7:-...41 . Ger- r ee.. w 3i V+� 7:7e as larxl,y a.. .a i..ZIz74......1- w+,M.M . �e •"`'...: I�+ = 2,7C..77 . ,., Cr j �C •.. r:. w 1 � arm o C:-"=2; si. i:� r' .1:.="..72.."....7.7 w� � ti.._irr..ei ten �iC+'. r� - _-r .e i.. a!4 tic •.x C 'r w le _a.�-'-A-• S. C'4¢-7.z•X ��Qla= �ia..i t•P��ry.�. r ..^"•.y aia = ...1.31 ..1.3 i_'•> er-ri2.7=_.,_ ast:i.- � C.f a. J2 a !.3T :i3-ii ! a :a-�'� C' E',�.'�f tez ar:a a C ,d•"^ = srx+:- `.."=c:"'�.`w.i:� s:.:_ y`.`2 J2 �.`. _.9C • mar k y ..:.. �aia :'le 'a= I a.c- • w7 S i� A . o:� ._r'• .�¢ .: w.:.. ',Vii.@-+- r..y �... a •�—_ r ,.... .. eJ mortar iC.,,,.. ±.+•Z»r :r •`• :.i , _smart - r �' 1 ..i••. iii at= ...L1 a.+ M� r' w .C2iC `r'i�^I! 2r —_.. ,. w :. ',.... i.."4-_:�fod :4;: •r ..... s�� c.......Y: ,.� tZ ��:-.� _- arra! •.�? w a-m7e— Cr ::C.-itzt. � �. 2 :'r it :JI�a ,:ca..'`.,.-.a ieeJ �:cii `Tlf'C� : '� I - =mac.". 0111 ••a e,.'•: z i ui rd •,„"_.• •r .• ...... .w i :..._..•.-Qi ��•_. Cr. Lr1V i �5+�..n1.,, i 11.7. Z (C. yi,•,'� ^� �� . .. C' :.i ..`xC. �.�'1►^rr�r :17,...c,,,,-.7. _ f'Cr. =GAL ���.a'I�C' {C!J .•� ter-..# r..“-•77:: aiidi..c,,,T= 4 :-...c...-.. :.3..... ..7.___, zQ .v2w :::::7...= 't':=.• s Coa �iCL�::: --a =.,..-,i-'ifi� �aa:a�-.'.7111 :c,.Jiar=af;*�.rc=_r:::..»�_x„a:C ....at.. +n+Vi, '•+;x�^,tC `•.-ti-1f ��ar - -r� r'l-^w ^ar rp'-_tip 6rZ rii4Tr'•F...."i''lie .1.. _iri ,...,'.+�ia. CA La. ti•+��- - re s- -...t=• Nc.-e:.---' = .., w wren= 7:a� .''- iiaC: r+ `^ a .JfG:ri?'.: r._ ,.. - - -t -7.7: � : Cam ti. �:aT vc�� � � a : n •_^ �� ":cL..._ i, .. 'A1iC' wd� � '�.aaia •.� •....., - Y • fa_. �1r �.,..... �C Awa r••. a 7.4=47:.... '.."•e .���r+,l _ NE., .. _ CL:-.1,-:' , `w:.ac -. N C.:.=:=7'-=-N .:. '�' ;aa_• 5:4-: =IC.:: :ir:E C::ni' iC :. `a, •� . -�-.. _.aa --t-z-. .-._.._..:1 'mac �' ri--- - ..c- �R� ..a,- ���` +,. ...:1 a - ,~-�.- iii:.:...:,....' -_ :.. ^: 7.._3titi .'1 r�r:. '�•„ "rr'C--:.rZ,c a•Z. ---.a `.Vc---1" _7-''71 :rx:C - �- r � .� �- a a �-.st+c""•r .:.+� .: �_" i`ta...�.. a � � ..' :2w ::.2r^I �w - ��aJ V. lr.�. u�''-^. C.:.:=7 ^ 7 a /.� e 7&en 3-= I CT C"."4"..771 _ y+ _ ..*, �w.M+�il� rya GLS. N. r+aGM.Y• 4.i-+w.i17=7'ra. 1w. -'bra- � •G Wa� .� ti..-. ;}� r+�+ I++' y�Y.rr.tY /...� .41. i.�� d 1.. _ �W�..� .i+��p �,�611L. � 4.�wl+.i Qd r".f, iir'a� 1 C:=4- .C;.iIz�L/.'"rtt W a- e .+yyM i w�� {e tea- til .aWryr •Y�i 1C. ... 7 ��-��.- ra = ; -- I LG..�.� �d�a •lr r� ` }� _ a .��� �� w} '+.f r I+i +:w. -s • - iar a++w !� Ma 41, •••• y Q, (�• � a r `a Z 1....awl r Q 171=- W i�wti..i �w� m7 .1 4 L r 4a7' -+G ,C+ i .. s QLD`. -I aziZzla ria Z ITE =a--= �•-�: �: 1 ... i� 7i�:� :Ia�r'"C rat Sl, a : -le 7- =a !ell. r'inc a Iry-:..c, c '+ C~17274 ai.,* =aJY." r Y wt a u�. - �.. a 'C�a�"'i.L"� aaC'.`a2 �: r'2 �_i i= .� +:$ :.' .^.:►: _..:.2 �2=s� i ��'.i� -c �.+��r �• +st ^, r'n �.� .++ r+ r+ • •... 1 W Q CI Y.a Waw - • ! 1iW1 �a�1pV 6.4 y. ��d Z4.64r -Icon a :KC: ��,.y �:Cw;� ai '"'i � 7�=iso w """ �= 114: 4c== `3 its .. ""'�'�l .:a$"• :-Yin ia_'r.=f1.. Crt aii ar...r* aiiC.2 = • ► ""`�« mac. -II= driC= + s • �►+�.:� ` W 70.1a fl . r a �.wwr �I�� _ .mss 1..�. t� w +.f rr fll w 1� i� ..�.wtilaiy W .. M1• ii: �i iaGii wa+ �'w i+,.. r .! rv.. G .ni '�Y�C! i i i.+G !•"gr -Jim. '�r{i [in= w+ r -+'i r��/� �+ x+.: }���� � �� .�.T�+}!� �}�Q� �ix/�.a f y. � �+w� �yw�� Ci i4 �'^�...• .a.4 tha r-zalU tc-Tr=1" .in ha +Y.laa 44 /ate, . yf{.�. = Y.G3 ..a.i.z.. =® =72-153 .:.; : rr- LS_Nc:S c =mac .n g-��>*. .-mng I-1, 1E. ;:C. C ,+ i C.Vr'�:• i �� -» rail ' . +...dlaa. '..wa Via% � 'iV� rlT.a+G at= '' ,c i tcti ti +:: ;2 f=i=arin'C .mtnea .rt': wr ai i. _.n_ far a ;rii rn.. 8 ��"" 'ir'2 `r`.. Rat ra"S`.`.Y 7 =.1CYN= E .....r., p...s..a +.... wr r. rf =7:�", :�.�r w .+ w ' >r� A Z-1.1l.:a.+w. 111. i-'..lyirs.'. Cat �,.. r �. -r_ i.i..� .::4z = =Liz ==.7 �• ciai �'Zi�r"'_�_:Z `iii i�.•ir�....+; :'�4J-r +, - +'!7J�rrr E ,r ..5. .,.ti •=.4;7 rt :.. -x . r2r ""= NS: war � �i �i =7 : �_r '.-'.� N C= 1.'+ .'N -"'=".== . ! �r �+ k 2 •▪ z- ?� ?4 � . - i. N' .:77. 7w_+•+ •rte r�:,1r� +�� 3�4 -' •-. + -... i _-�+ - i7.:" � I� -.. N i d - 1 !� - 1`. ran= : G�..� + .�►rs uaa:wr i �� ti _ -.+.� • 172".= N Y1.46 I � 'y�y r 4 - 7,73•7? -- ..:3- '=.f:= .V •11 Jr.la-..� r 51-::23 '��. ���. :Y X6-1-7-==- r !-1.277 � "�;� :M �� y �♦ '-Cn 7. e:i:� *1 ...+:_ : �ar »+�r"� ,�i .vire .== N r~ '= ,== ▪ '.2.' L"r N -^t1 w- - CZ sr. '7.- 2r ▪ N 7E22.7 -w E s71.:4 ter 'ru+= y_ `• = i.,r-. i �a�r!� •-- ~ . -.. ...�. f r Y r'.� ▪ w�ti -r- r ~". y N �. ..� m-7: ` '= 7 -1 :�-.�'-•�• Ir - - =C �Wr Q1"."� 17'72' ... '�. �f c.7.• �. r �� r.r �4...�. ,M ..-r.. a :7.47.awn .a1 '� :• ., _ - . i - -.y." M - 1:4: yy NI Z� -21:°11.:=717'= = r +.e11-2��'�`. =.472'... moi."w' ;V ..'�� .-. _ --.-- r �2:� 1441:17.1F F. Yfi r .a.' ..` N 7.7E-1"12- i�4.i. . # .Gw .ia :� 1'9 ..r'r- s �wr ter. == N •••.-7..rrr..���2 rr- 1=..77 ' �:`s ;• 1-1,:�L•'� �! • - a 6y ,..�..r.pr.^ `r + .sn ` - . w�Ll .C'a'w ?e. . N N Yi 1i-� l i�. l� IL^.a 31G. .Y 1- �� +��a :`J� •% ++� ��yy�! *+'' /� a..w r �y� ten= N . yQ/'71-.N -r - "'--� = + 1 � rlG.i N VLi +� ly �r . d ,..1r !ee:: ten= N �/ !crm +� u 1 ,� 4.84 :i en^ N ;a..r yr�.,�� ��++ _ N Z� r.` -_ ��+.7- .. ��.'`'� Imo:., ��r� :l •YCy...' . �y ar ��+.� 1C . 1 Y.- r .` �. an y r_. �E +♦ --�y,... c: E-.. erza I'4 �. Vis' :.r� +- i 1..��- �r .�.r�` .. ..-ir ', r �.'..� 4r .+may � .r. - d `f1 #i.i � :�{ '-�� C+..r .- 1 .c faro,-�. ".� d 27:7:1 = +L�.. L .1s- 1 Cir .a. +� r .:.� _ r ,a . �.'. � .' C r r+ . Com` - - =c+.+_'�� `rte 1V .r'r �� Zgr. sir 5"'�. -.- f.,,=g FaCr +a�".� a`,.�rw. _ '�'r t=o- N ▪ i �= ' = -a N zr17. ".= ars Cir. --+ N "a o. - - - ^ - a w, Lam'-'1JY rr - -.� -- � ...,,. 1Y � r •fir �w".• �: � -Y -.ria- s- DIY -a . EE ��-... - = _� Wi�w ..+ '=,7.1.-7=z2'01" _ `1 �.,•� �dr ^4r- ti - tires* C. -• r ,r Arw`3 =�¢•i' rwr - - _ -� � wiJ f .. +4 ,._ w . _ r4rR. .G'�„r. -. e�;� :M -._ r . Lir _ A r. ^� :1 rr� •-� r�3r man-, ,{ _7 -y. -y.".":7- 144'. air �.� G N � .Lr �.G...+. :M �II ' � � +"'r+.��, -.Ra~s-r - �+. - -i..: - �a Jnr '-or-rx N ^.3-.+.a. =1- .. .. • - �= -- -t I .7E 'y'e' ti N -C7 � � y tia� C:'- ti `4 CUM W. Ir •��..Z":C:AIi ray. �L.ry1 ►4I 1• lu - %.' � � ��� :y■� /lT�� � r � �,r yaG� «i .� «i.r ,••G.+ N Li 1-41.11 ' t ,•.= V! °r+G -Z 4 :=•.41 .� wwr� 1i r9..Yrir+�+�r ' . �� ` e'. N 1a �.+ E jar -'1+' ��•. �,�. N ,fl ' « r. tY .:iG.....� Cy 'rt�tl:. •7Y rT� '�". ��.. y� �*Cqi•E.. n. ! --11==-1 411 Ezcz1 1 �+ r �r +r++r i.G/.••+�w, '' 11C -CE .+„ 7:7.&7=2 tl! �i,,•�a� t a 1 .lam•• :Y i..,l = 6.7= �y `� rr Wy .- # �• 7-: rq 1 N 1 rarer .rrr �y� ��. �/ y :7: 1 ill 'r�-. rr«Sr r -aw �s ti� �s�rf+± w , 14:271.177 =7.11 "�..r :S �� •rr r_ r ^.. �.�. �.. r1G.�r i� r.,„ 7-"=.4.4=14 � � tE" M :�' ; :=.121.6:2 'r`,$• N 3i �'�'i � E .��E �� ~ '2: i' 1S L.'C �+� G.: !! �, �*' ��s.-��. � ��.� a �/ `��"Z{,,�_ ...��.,,'.".�x i� .. ..� i �= `��C�'.,t ;�� '..''.�e':..,�� C►' r r ii� . 4+ ti:.r ri j! {r "* c� +G': i .� w �i+..�l r 11e.'':C-1 81:24ZEZ" r. ,+�� �����,����� ▪ Z l S 1 ww�� I� r+..r.. =a N �I=rr y� a l --117 � �' _� N 74-131:6"=" +3! r`+ : +F SG:...: y E d/- Z 1777-3E .+fir. r�i E �•�� Er 2.. � C :.:.t ",?rte„' :..Lat= .: 6773-16---7= . a= .:!! •'arr-= 115 a. ^I S iL"�• �.�L :1I� ^��-"'„ 'fi=r F. 'la `.Eit--* N a" =77rr E ,r ._� `>� ,���'. '.L +rR*`+f4L'r i dam.. -4. +q ZZr = ___ + +G.•� ti r l�r'r.' r +. i'� ft•_ �% ,r z4.-../Ed0y1 •. ./ C _ N E _ +� F. aE ��M :`� � �r� ` it r Mr - r ��.� .Y Q�yL.a tir � �. i.rw r_ _ =� :�•�2.7 -r�r,•:- _ :.4� :fir ��.";•-''.� ;�� J, . .ice r.-,.r� �r*iG.s : Y ' i. �'r 4 r + E -i ...rrr 4ir••�� . �F 2% a WLia/•}My -,^��.�r ' "- �1A N (�', it • i rw�r ,�fr.-r e-.` Y 'Swt N Mr. � r� 54,x= •' �r raG. N „•i M+f I^� s r ri' ..1w• 1y� .p : .F+.� r= " ~rr G�•r••ayw. f++r 1 �'1 r of .« ° -• .Y -- , a - • r.: is '.vra'-"'� =72r �. �.': .'• '41 ;:eE N4-""--Tr'-!--a-,11 U71-7? _•' _ �'°°' c �_-,'-'==4•22.../47:7. { .i."'r r��'.4 E2r'.w - �y��— 1QQ ♦. �Q.:� ? =Z•. �.. .... ° C .if �,�T«r' ^' iC - miar «... r�iC1r �E=::;r';�C _ I. MC r -••s -,J e- rcl a.- _ 41 ac I: '2 :,.:. ;ire C.r r:� n r.. , '�Ilr.�.^C =a ecu ..24E ter •*•+ 1 :Q fee▪ = a�...f�11 c (,fa C �� f .fr .• Y 1V r..•i� �,` f* .0 4 ,�:�:t an the A' 1, Z1=71 L: Ame the Nc,-, ".IivE� —:.8r ^.. +� frxth4+L1�:�ic ,.ri �-� w \I 2 � _ r' :r�.'+i .:L��� rt +.�w;:�' 4 :-1/1". .1'ii_�r`�eJ .-..4w7 CZ: a SIS'. ~pe 1 C �'• !.: = .� "j'"� ill �:i'�r ,; �viC -.6;'?.. ter .= a` ;Cw:. �I1 '.`.2 :mar r.rii _ = n ..a` vz4 7.rt S: wre = � .:: �:-ec r: �;: ',�,:-� Sig• -a :'. cnur-arr. illi ? .02 N ' �rC,_� * - a :rM .r the ^c.' fine ai d . =1., ; wn �'r,C-.«+ . fir ti : i�L,,�������fa:. �,1� r..-`•..• 4r , Ca i�. `.:.�.r :off '.x,' .:11 E :. A r"''« �• w ..r . rW.rr_we w :!re16 '-^= Vc` r.:.&" c' '.:'.yrznr. r7•1,a7C2 of rr.sirr•4Z1..Ma._mi. :an= CrV� ,�`•+"L: tra.l 1" 7:4 r '''"' '�� er+r.. (F Err `� a� ��� ..fir^ . is iCN An 3",`.`ar.: f.s=ma :"7 } '.`T ur+rT �.- vr• rte•,.. ' .•,r �r 7.-„c:'w.. ���Y+xT ,��p� way +� 7 Vis•. fMa {r.Gi � er.t.Cl., =Vy=i G.-.+. a/G.. r ��S..i% .. r aC . Rr.y rI ° Y . r r ,s_c.-r �. , �. G w �O r lCi W l rw. r � =4'a r „ o" .fir ° e '� per- p en♦ �rl tll ...w+ii�,Mj lr �•.y�ar, w- �• I. .L 4l 3 r.rw .a'f�ii G.�r•«'l ti e W C,:::...1 rie'!C.'.TL':' i1'di: ". - r_. ° " ^.. ' a a ..�+: .t.,..:;.... _ R4e, "2' :'r : : c "----- •�V _ a sem. • "y CZ -.47 . -..j'� �iY ` � `,. :N `C.r y•r-..y.' "2";:� Gaw wwQ..f'.,"'�. N N {!�� �1� y. ry4'�r�...A1 'Q -a�° .� �'r va,..°,=-; ,V +_I��•�ir •!V �.:�.� A� YI ¢�--.,'y�f �.� N .r max...•- 1 ...... .. .0= ->ti .j •�� NMS y Chic III 02= sa atrznurnwIEd With a 2 = Akira= Ca,- • • C C rtra. Z ?; Fairrrwita=3 T, est Cner Said Se== s 3hears S4 24`ry 17.122.7d: _mt= .. c:sW mithga,:41= C.draySit've!f= J341=tun11 G fz 'iain Oa= 2.=si r c -kr E. T:E45 f It int 716427S- c 24S: f it a Weft =rrIzzrry tine d at kart c oir E=x Face cal in 2:e =3= at C=Irm1 act's: mlirtRem-..rr, werenr:a the S=th Cxrtrm. cz sa 4 s $45.447-17E • c=. c 14=5.1 r =it p:iT : tuns ig a a"at iiicn trfTM+''t ItrailiIcdai= rern=in litth +i 2 in=�t= lur.�rn 5 C F �• f �n g 3) � =a tthat.r 5e=zit== Ci `-Yc 2! t S 244`43 i+r. Y'� l ` ._'. ' _ =mar a 3 in= � .!`.e?%I then= N __a crz 2Ta WeEtfpr mea c a r- cr as.. in a dc=2MIZT" Tr'*^Ed= ::e3. P 4e 41 az the dada d ttze C +�Cc r Cara :rta -w; wrtc:a r ',iii NCr'i.; CSP ..et M +=C S_r_ !! t l .i-'.�.'* :7= cf 241711 porrtag a z if in= G.= 9=s Con: fc=t1 in pa= 4) sclinningsi s ;tor:iiffle= the Nctlui :•t1 tears N € 47' r./,"j- W 1514.14 , • ori Cdr handi 2-1i2 in= LS. mance- VMS 41 pia= the Ncnt r =rner of .rd Se t t ,'Y.272F.47==Z tha=n= 71:113.22`f _ _ =ird '. hang a S�..ie Merman= ` nd i i ;.ice aril ram= with 2 r' , Car. Y.? rxurce' Z. "'; .mine a4 a prt wnm= the NcI C12zr i =me, d = std temm4y 1E°° ""44 W =id a :z =ner hang a St=e M:rra iri and c.^nsr; a warts i 241= A!'ur nuz Garr P. - f c : nater _.. the=S t '"...<..,"` 185.15 Tv= S C =El = or i'. a',..JI' zt valet= the Mart 't~:..a'�r" =am- r. rmd '.'wF'rtre c ulg tamG.:i7�_ew t N i • W a dis=n= 2247..M 1f the= N 4. 5 W a ri='1C07-21 ;:mnt =air= a Ettnedrffir: &Pr: :.:.. Ii ms`s z.rd. Pe:r.,.r.L" ehr= with ra 2 :rlr~ Alizhi ra= Czic • ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT ASPEN SPRINGS RANCH, INC. CONTRACT NO. 323 Application having been made by or on behalf of and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 6.0 cubic feet of water per second from the District's direct flow rights and 240 acre feet per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. In the event of the division of the property served by this Contract into two (2) or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable, such as a golf course corporation, to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. ry. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use. including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 3. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth. 4. The District's sole obligation under this Contract shall be to release the water allotted hereunder at the outlet works of the storage facility from which the District elects to release the allotted water or at the original point of diversion of any direct flow rights of the District, as applicable. Granting of this Contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. 5. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well - spacing requirements set forth in C.R.S. §37-90-137, as amended_ if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service 1411.041.001. c5.1} -1- hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 6. The Applicant has acknowledged that the land to be benefitted by the artached Contract is described an Exhibit "A" attached hereto and incorporated herein by this reference. 7. During the period preceding Water Court approval of Applicant's augmentation plan, the annual fee charged by the District sha11 be the rate charged by the District for allotment of storage water from Green Mountain Reservoir pursuant to District Resolution 1995-3 adopted November 13, 1995, (hereinafter the "Green Mountain, rate") regardless of the source of water actually released by the District under this Contract. The Contract fee shall continue on the basis of the Green Mountain rate until the commencement of the Contract year next following the first to occur of the following events: (a) The District's written notice to the Applicant on or before the October 1 preceding such contract year setting forth a determination by the Water Court or Bureau of Reclamation, or otherwise based on circumstances beyond the control of the District, that the District is unable to utilize water delivered from Green Mountain Reservoir to supply water to Applicant under this Contract. (b) Upon the Water Court entering a decree upon a plan for augznentation proposed by Applicant, which decree does not approve the use of water released from Green Mountain Reservoir for augmentation purposes pursuant to this Contract. Attest: By. Approved this -E day of rr ! c Barbara Mick - Secretary , 1998. BASALT WATER CONSERVANCY DISTRICT By:rj-t--- G -2- -�. s .-.,a+a mow.+ _ =. ...:.� ZM 'ir Z. l C'"+ ii•�" ' a s -- . ii ' er . ,!. ."�' ' • �wr.+ r - «" +••�++.:.�►, w` w4c! ".rteris =:w- i'.a".urrn aw �.F� I ii �.: r Er rr. �.+ir.a..it. .• .. "'M.b.•1..,1. ;:i +y.� �y ►.p� �,w r moi •i.�. ' Qey -+..M ' ..I �o}�i.�.w� i G�w•1i,Y:.Gi+/�l�r..4..,W•�a :�i...�.. t1..."' ...M..••• ....M. V...�. E f• �. �.4 +� .. , �{y....y �▪ 1a .a++vr.aa c: witiy .T-;.---: .ter IrT .1 iP. s`L Yy Mr'L a� 14,2 '.n= �:�•'•�w•}}I�-.� ' �'�it,Y►..�ii.a'.iwi 1r�W{ iLL. iL"r:LLi .4w.r .ani :'�`�i .y.r 4a2 fn, YF"'a Ge -- c:iC:. + :.... oi. *wY' �'r + �. --4..-:7; moi"+ ` : ��,r . "'t"` r r �:.i� C. `;I:•i,o iii r=i a=, == .�" r�w••a .r:.i :•r ¢ 1-;;Z:= �'.. ........... •+r ~ `• a �.2' -�•i �a ri�j�.... w..�'.. + .i.��.:! Vr i-' !Y -- C• az-- .2-7:2.r;C. ,� Gf�,� vis :..�t� 13 rw+...r..� :C� s G. "At ,�* r�L T ane v r.2,,t- �„..Wi . i� �w i'S �..+,•*� N �!.• r+•11 :C477 :''=•-":.=.1: 4i4... , tits '.. �w C^` C �` ��/ I+Y .� . T:11: ,rv= ,—EP 3 .•-•/ cr � ,c .... "�t 2=c • --s 22 • in u.z `_al cr-», ari Cant _ - •- iii$". it cce.,C'.— r M / • r^ . 3 Mar= y 4 J �.. r� c * --:. r z. T.a:c W c" 'C" W c + '.: fir r�ir ` i� 12ica � N �+pC•a ii = -1. W. r� "� ! P. r:.+4/� w• �� •� r.ti� tf • f .�...zit= t=we= 'Ina ��^. .�" C .- i2.r�wrw a► a4`•+.. , t w�. - L`!:iil= •��IaC+.tura..I ,.�"...:&7~% rni ' •/rii-20 «r '`G.r.... -., � • '"�' ra ..- t.r. 1'L • .'� �,""�- l =err: w :. ' •C ... • � C. .4: -caai ...m.o.. ' .., - �a C. :.• w Cr•�aC_ •: .0 1��; C........ -re., --m. in ' y.*.''i` N QCT ;� ''.k'.., a..:.� y2 .'.:. �a..«'!a ►ws ; A w. w ..�AiV • C -w i.�'•"' ..w r� iii... .: i 7- •�'..ei►• 1,,F a -a+. -� • �'. .!L :�C. �. ��. 'rC.� �iL'*++ ,.. r- .=Z�..Z! 'tea*...,..,.r. ma.- 2 f:.....• i am --.,. C� _ r. Y1 � .n.-.• • ...~ .4 ...MAI. ....-..rt ti -- . L ;,• ww . ....-r... ,+. ,iTi •Pw Liati y :�C7i� P. P. y-..- .- a .r'''':.r r.....• •.r. -:r. .. 7ri •^.aa'y ,1 "*"7.*' :.i reL'" ?.r,r`''- .'ii C +... . C ..ear-:...� . ++ i •.may ya =Is= -.:rid ,,...:....c: �+": ..A. yeL. '�rm.P r�aC ��i - • =a▪ i'r= :Sii,. wa =4::2.,A/ --▪ -. •= = _ ..�_ C a ..-+rl�: All=== +r1�.:-•��::G «em c••.•,--7 i -+r•:- _ Nw-- .•'•• ... f'17:: .Z .r.a1..�' i•1 w..•Z4 ..--==. ..•�Y '�`�._- 'C.:Yr" �Qe4re.w. ��I +•• . `'�... -a.B�e "..• Mob •"r.z.i+: ,.i =.3- a ...• mora .• •Cr • : r a• wr �.� -- -a we :Ina ca NE!JANE :.4 �-.� --r---.= •- Y1�'...•� :1 �•..-�7C • .... _YiV. '.. . r. r- . a •r-1-, a•• . ,` a - --. n. rrw w� _,.� 'r.. 1. s s� +� �/ W.r ,+4L -... r+.• • r• .Vya.- ea i ±�� - • - �.� .���Y LI ...tet 1:17 y yip fw...w� • ma a NE 11W4iE.� A !-r .r.« ..4*“ ..w' . +.5 ._.• .•. lE LUNE In -'_i."=' - --91±- " ti:. �..w., r. �_,.r;, _*•.6 a -R.N'• rfL••..:.r..:." rya;. . ��. ..• ••••=•� In -CPQ rrZ'" `- .:: ..=. -I =+.' 'mtee mo.;.- 2 :iL :Ina a t�Ir�4 .. ' .. :.�-= ' Mrv�� .•i C... v Vil r I ��ra+ T r r. • .., i,s-+r4• �r.L4. rm Q,�,..`.i i. w� /w .�.rf/l. rJ +� •y 1�..-y • ' r♦ .H �v -. �.0 rY r�il1 .r+O•s�-a !.e ..447:."=•7:W ..••4 ` -ice l 4i "'.„ ... 2V'1�•"3VV1i`.'. w -�ai- rte.—':' `iw•x = '-s^-•- `-' ..moi, rti�=.-: IQ.• •zw: c z,z i- ,+. - -0aL -..-�. 6 a ..... �~. � « �ri .• �r '14:11:711114. .......,.= , . � 1i ' Va �' - "y •••,..q.y� :a+'►:.or raQ':",—.mr:u".= .cru: ..• +.. r, 2'N C.:.• c =".= . ' .,a zma "i��= ..; a :/ err, c C ,s-�:. :�....� :i: =:: ,`.'"= :tI''-,.�. 3/1.•i r �. ii ,:•+•G YY+fes I▪ T: tile"..S.17:'.72.4.---74.11e ; 'Alla -,:= C-:.•�, CZ= .7.`.;•• C :w :12=•::e...= ..."177.7•14-7 'N '-- C--- c=a er �- _ .� _ f ��i+.''•'.r ��+.I 4 �' ; 7G r t L,. "+CI- f" -� r ▪ wti i rri '! "i +r .. �: �T 4tr. e� ma sr.= :4-:ar. ��i. Se==- L.�y: ,`•„"''�i'i •',71 � � .+r. r a- ''tea � -7 1= { . i c. "{_ 312 'N.. ;..`4... :.`^« : a `1.� .. .- 'r "c =1"'"'' =~�.r --1 .. ''''t' t -,y � 'tV y�`�?i. Imo �....:. =a'�r� r- �.4.+..��. �...,.. y:: 7.:`:e •-•`"- -- --+.-- +_ ..•a 4�J -.•moi t�sal..�� '.2 4••=t7 ::2 "' :.- .rte w. �.. �-r.�..'l�r n.•.:.`. `,.ri: �4T.:•••••••• . '..rry - -�• _. r. .. Yr@ -..••..r �''. ..'' �" '...� . ---•e ` �� '1M'7._ryyr.T,� _4'- +sgr=.L4.. -M' e=::*1 sill@':°:wow '-•1, c'—�`ri - J y C=4-,:-&• r..,.. a •ar ... _4 Zee,.,.L -' , -_ • .•• ;^M - C r .-i: : i �.: M 65.:.2, 1 . , ' r . - C -.. tan: a .� • rr:. L. � c� Ca: �a'.:.".� ::i �:ci�: •.I`.'$'_'..,�� :"1� r. ice, _ yi ir--,r�l1 ♦ Is r • '• QiL�' + r•'."••�^ .fie ::i •-",--: „ r,i,�.•...r .. _ y ,..- rr. i2 - '€ �. .-�..�;.� �-�� � i + -%.' •a.?. o•i.�. � '� s�� :'• !+Y " ry . w r.....i 11 ,� 1. , J ��.:: a ',(V I1V�Vi.'- ,: ,-. Z .:. _ er72 ..;7`_ ; .._ •IV - is -` • rte .~�'N'„a\ILV'J c = '..�.��� .: aaC::v V -7:z7-7--r.:-:::7-Er:: .Y_'At _ '-w.:.V a.�-� ,mo i 'Af. -'r:a � _.:"e.' - --'•'” :�'7'4'- ,,.-... a ,-_ :n =•ate Qi., .,r- ..•- 7,: _ _ ., i._ • 0 l0..-. _.�...' •+wr..Zy r • -. --am.. ...`a.`•—' :S`== •c_ .r. _::'C :CZ. : .^.rte. . .r• as a �.Z z.: -ww..� y- :: ! -_� -ai.c -�-c..�Y,. ��__-3 - ?-_- y7.--. . -' Ziff"-- ` 1-_ Z. _:'_ C :7.. ae:-.-._-r . .. _.-*.7, -L77'..727. .-. .._.ne-4���`.,..... ',arc :.'-z c:dr 7777'..7.1 - %io1 :: -•L-3.;:-: ..--. . - "?7- .. --. _�'. —.-.',z .s =2 7=7: 7.7,•:r - v - r. -7_1r -z_- - _ ,_ I • 'ri r��-.._-..r :1�. �c 'r 'iII °��.,,.,�., .,.; ,:ca4 C•}. _ . �. • rte.. __ �. . "••---ate. wens�aL W4+ u. ++4�.C�i w• a . G�.� ..a `" • +w - r : t"'�•' +.mow .�r sYr..r w -.a �".'^. w+G w „ a, .sr +-�.r Y �..w o. . .aiC1 arr:4x�^r .,... �=�r4,s ..:.:z:; C-- - ......•�...sc=.trC.IC -- 7ti►7r rr.4 y+•+ =.,.w 174. +-z.g . .71.= • .2 arii =rC !eta wr__y .`STT =re ..===..ar J ..===•.. .�ti... 4.r �� 7"'� '3 IN �: yn G.w N y ++� i.►Ii'! tar= Q ��r:.r• .+'r+.�tir y aw.S W ... •%.••.�.i�i :i4.. yi�� 2:74 AfR �°-° == - i�,a..� .7aC: 3� i �. a G '� .r.�2 .'"�.r::..�vII':C cs irc�.:�� �, II t~*••'•��. •' w i .. 4.0 .�.a*� xis�iiiti s Imr++r�+ ori ...Zi..rt.LJ y *Y"�" eS Zr: �� i ` i4µ aai 61•0 •4. ,. Ci r�.:r � +�= .z .-nre tra ==.7. N .... �.. 'Ai _ r 7. ii`er= y 1.7.-7",X1:- %4 i 'ta" 3-"7.7z a:= a czve w 7C2 +.r •a.J a .r. .. '•r .r 14:1 `� -. 1• ,+��� rr...a+.r.sy a' -ria o .xe :•:a :�: .+O G a i.7 -7 "K t.. '71c .�.1 fir. 3ixr a .A_=t irte. ,..+ - a G: -J- — -.2". ------�.. I 'W -L 4..E� ►i 1"ZrJa 0". rr-+ 4 .yi L �.G a �ii1.-..r raC r. -r . I� 'S�r*�I . �8� ,..0 �r r' .w �.si� mss. •i `.pie a. .' _ '�12 :.= ; �r • "►�I$."�"r_ N -'f* `� ;�' 77 : - =en= =-=.7...7 .L . '.a�Tfl", a i�� eaetzaa: a ..� ai, � "' t::E - s=r� !� : iaay. ~: a-:�wa:� .: - r.= . . ▪ _.-=‘--7.-z �r r ,silt .. C T.►T y; sA. �iiW erre _a te `r "� , -� -�-'- .-r..- -, ZQii.. ' -r "'._. yq.= .Y b/'r /�. r..l� arr-s r.= -Antes ▪ �y�.__• �r G tii L. it •lY n1`°'r� r ,.11r• i �.1°^~tCll. `a _ �e�,. +-_..fir �x �„r i v �.�a+'-'+.� � •r fir++..= .+,� .`4� _ :r. .7.ey e _ wa.c -. :; rlLa --. arm'- J.e ___t•.C.r. ..tr. r ' ;ai.� car - -- iia:-.r �ti.:'. - : z:=ar'J +r�. '.Z r}C . - 2• -c- ''`y' r2 ;'ir' .vc" _c �- ' ..._.::r _ a co.___ - me:'' _ w:-5.•• a- r= fle.-• - - _ 43 +ti rte~ r. a Y 'r5.. 4...c7.5.-:: ...�� .._ 4`G . i��* r ..rti �dT .4 4 r.rri� C'":11 '� wr`•' � __ ... r _ , r i2 �' -� - y a a r'w.2.^.V .L'..:.ai ! C a .` at!a'ii: c=. ra :r ..«_.c:{ SI.5.. sun i'i :iP ..'"e 7 - as .- s e Czun..i C. -...ars aia ze —..a- ��e_':= ..:=7"-'15:2:- E - _ _C ,:,.c a •tir4N M . ..+.max._ '"• . y •••r•_ _ -sem. s +did. rK.' 0 ..moi : .r -c...7......,- -^z ... _ cx,-.11c ._a - 7r G..�� 6 :74-;=::::.7.- _ 4.is `�-�. .ii, ,_ c......._._M -+ ti r �._r G -_ti..P�rf w..- _ ;r Q -� •�air.2=c r_.'-a:a ✓-C::.,z.ai ! c: +a .:Ram "'. r..� '..-:77.7'"' �. z=a .. r71.: . - :f '.',2 ,..i, i '.'.�. •• Can( airv: SFr .."2r.2" w aia.., -..' . mar C.1";:: '� �a-::`J Hie •rt,•.i,l , ,-... 4. -is Qir Cia. •� ti.w.l �,• �7t � _• 4A�V 1.w.r.1 '1. , :Vy w rr 'r I ,an M= - _. ti.: �:.. aa'...» .._e,-.7.—.......,2,...,- - __ In -.'.-K � _R --�. ,r, a ......': c '.. t. ..z=7; =72^ -' .f ,� "�`o rte•..' .:: ,.••••••=1 �•YD,r'�.�� �. � q r� � ew+..w .. w a ...-- �_� """wr �= w 6140* ••••• --tee r ' y} QaiC."": �. 11 Gr�'iw-z7, r :141.7',1'„,„:"N a ►1 Y +r}�jaw.w rte_ Ll L ! ..,YL •+.:l.a :�w�..1Yti:. ▪ a �'J'! -'.F dna `...:da..7 ^ ur J.ta;i�..^..� ..sae a ...... .. . "T.y ''• .r�.'.:r.'Z Q"'- 'S....i'"'aw �'r.� r'r:Y":cr'�3^ •VI ar. i :7-1IC r4=4":". +� .�� .��L-•- 4 .aa .Mi IG �..MIa1r .••• •r 44=4.M:.; ,- �. �:iYLw� L.""".. 2.r:�: .au..� WrI ~e.. :f'[.:.ri ,.," «zmiz mow. *"--"Ing si /�[�{l�w�+..w .r-. /'�Tii+ +4i^ yt��r �Y jr.�� 4~•-y ��.Tlw .r w r� Cr.y r . - 1.• .+- ��,.. ��' l fes. 4Li •+y /n�9 . L .. ! I �....�r .:.i .�...-. rl �� .:ai2 ~.. ...:W4 - . a :.+� JnL M•+Ts iisEl arr •+rte .w se.-- „- ---- Z-aa:•2' .'""�..:,`": .- 4-...:+^Z 7i as_.. L'.:.„'"ran. WiLi Zi .,:..I.= rii:.�:,�'...•• ��...1= ~-r-- N .....�� ' tr.�„7 . 1 w rN �+.. �2+':...- CI��'r*- I �..�,�. �.:sGw".:"le'+V:.I:2 w = ,!. 'r'._n = --1 '�e Nc .:.'w �:a,Z'.d i _.a.r---:. ..1 ".�'^.C�►$ i' _ --a^�- + r► zF=-.�:4NING ... E-L..w ..:s-.•. 7 at .r.e.! ...w.=7:,.2i�iir:r'R,+"r.+va '�' '-i-=.- yG t•=rr.�.�i�NG ir_ "CC ` it C/ZZ E(c CN tAi :r^ \ yIw- f +rt�.f w.. i�r te crY+.��il9'�r .�.�� aT%amii= v vM.rr,.. -i+yp -Z Vet: ---f �2' .:r.1+ P•r:r:=4Y M 1. 4ia. r4�14,rt.,-- ♦r�w. �-.,...,-.6.,= • +r.{jc-a+,.� nteYrn.~w ~ A 4 r + as±i..a. .al: � "- 'Ftr ~e Nc.u�r.r .a I +^.+�..� . w i .S-1:4."2- .rla. V.:-. E.. -.ma �^ �. .. in :c Vii-- N Q 1a -,2. - :-.=.7._ . .4-t„e-. _.. �.. , - .i. a-� = o''''''2-=:: ._..-.=.. a w.-- a [iiia • - :".11- 1=7---. .• aCi i. . _ -'r.17 Cat! a`i.lr,. 7t=...'".. Arii2. '2 '+iJ��. - �'.:-wi.Ye *_.=, .'armai. `'=a---- .--" t�.&-'.^= v .;-= .44:..- Cter. ,rC.::.,w1 :.rVe''ms•.. ■ - X1°11' .,' = r'.2:' �'r �r s. i. .YL~�� � ;,..,,L. ...=•.'r. in7 •••.! tial a.=.. ........••••• i= ..4« .Grd ,= .m. rY c..�. + .w -L ; _. C7.na ==^" ;irm -.1'; c.y-,.: .3 �. :lra r- rf e� .•+;ira ...==,,:: 4d4 =.-rr...i .� =...., r _� - � r`. y,� � .... rlw .a �a wai �r zincQs___ .+rte�r i`yI �lr �.� a .. C e.�ra...:.�.i r w,a..r.�rEti,- ,---wa.. 4. iii •r. »iems' —..,.,r" = "�.`. +"'.�.'�.' �. . inI►:+�� :. ; �,.� `•.�-. . ...fir r^+ Jrr � � [�:.0 •�-- .iai 'At moi.+i: s�:.+ 4'. :Y�'},^: ilia ..sx�� '�'i • _ :I;i =ia Com. ; r+ ar,. -e :. ,,.;..s r.=..• •f14�r viii4 +`�-Lr','� :sem` \!." x +...5`r I .+w.rY• �I{!� +iiaW 4+++rri+♦ slitA- 4... ,.r 4.M :::=FP4a �r.r.. M L.,= ry y+'iL,. !Tr. = 4 c-7,- ,._=.---t . 4aiE :X' C .�e.c.. file.. +r ..4 ; 'zr'al\ ._• =a ,41:7; _irre �--,=;..- -. r• ! r+.. 4ar� ____ �r --i Ina ,� •-•.7.2.1,_* ^ az ii +•:"`.:." tr.-wxr�. .1.,d-gal:::-.&.=NICC '15F C.'�U f .. =.s ..1t � r r C :.i .raC —,. '�.2. , r-^ a:. ;t0.--..- *mar. Zw.n r - .r --' , CZ E N Ct3°'_4'-- by 5.12. . �... '="7-44f"'� rr ."L' i.2'RV :Ina c .tea �;:= �K--- -� ::1 a+''... �++ .Ze --L'7te-ry 11, 4 rimer i ire..:� , :rnIII: .l 5 e 1-6- xarr? i ram! --a ^irsT- ane z'i. ' ..4.ci+ C « C .-+� a ti�.:i rr'@ " �', "."''`IiiiJ ,�.n� , s.a. +raL �C" �'�^. Z _ �•' a +�:tLE -' w~4 .-.,_...2. ax. -75. '1 w y . - :� � ci'.. a �•''."�ci aTe �:..2 r -. 4 -C .�'.. � ti.:..,.�6.e `. Ce7. r ?.e ==-..-. :. --..re a23 c -`-+ems s = 3 C,.�+..x .- 'C: , t �. 2. •� =2...c..1.=--- F. �r — 141:Z.:••.: .. � am= i _� . �i�' 'au.. 2 aT� C»�7 �:2 "�_''...6.--,-- ..... �aa �""'� w fw�r 1:2...:-.. ala - +a sir .=.7..----.'e 1:7:a '- =figtirLd aa::,;.� ..:a r LL'� ez:ca..-�171.."-‘71-v":. s +c;,:� s` �a r'~ :::-.2:1 _ _"�C liC Im , a_ a la.�___'"' `i.. w C.:., ,Y� � "' ''ti:.'.+r. =•-Err..1 -:�.-= a%,�2 " ~_'O=a. _ 'r ...a.' s "�`-2 .7:= '= �� 8 c .�" = I I -i46..1&"as -• .y --- a ��.rxr`" Q.• .4. y.a .'•i•.!►...� .,� +. .:ir •,:v 3 �:$ r a.z :w:�a.wriry a ,r—".L:`r.r� .:; '�:::.y i x Crrn +� Y � + Cr + . r .er ;II CPTe .aa4,i:r ::a ^7:e C: 7 a_.;_..:. .ter 2 == =n: r 1 •fir --.71.a..-- -.... Ai�I{ , - . =zyJ. yG,x.= ,+. -. i • .rave a w...7.w EE . I % .+.: a FG =c .= 'tee .•-- '' . y.fr' rw ..�2 '�' _•r rr.�'l+-r. w. ;fir -.� • s- y...'.. M wr"•..r� r G ' J• +N.r.Y me _....2.0... �.��. 4s w =a `+r� -;"-'-'-'77:77117. .ir►. ......Zi e♦ Cay+- -y "`..`i Ch •,. —..� a, �� w +2Y. r. wr: Lieua•i'r' . ..'.„ , Gi a.— w'.,.0 u. ._. r. rr.- . elm j �14r� ::C;y +1:.. ��. f '' �. L rr77CN y -y..:. --77C A, 7-AFC:= L r�•_-714 7.2.4 A :.� r: '-77.. ...=.t^= "� I'lc= rile r--•'^x''..•_+w:.:. .:.i':rrti � :yam.In e',2, x:4% -Te +W`E .-:.7-.:72 ..�-'C : ..r . •=11:7--:= rTE.^=Qe.te: �.�� '�*!' . .__'-' -. w: `-'� tee. ---w .�-r"' ,irC=y..--_� ._.`ZZ..L'"."-.7 :: Z r -:rd: -i .7--t.=7,:.-, " -7 e".7 N :_:7 •*- i tIT: Ci;4��.e `` ..r _ « y • a '�w r�:. .0 w -.:72..w1a_� -mar 72.Ve7:2-E4►1rr- .+a..C-ter .r.=vu;1+' ,C + .V.li1l+4 i -,=..: -ti erF- w 4a --2., -...eF ^i +tiMVYlf`}``i 1/�' —Er— =-.1 •st .Z -Z ▪ Irle r. +x''sy`l-! •ic: i.e � ,f �r.�� of S. yogi"" +.�l. .-y •:qf .I :=2_,- - te 4 �•r_� +r _�rt+ na.: 'i4 .^=•: ,++- =:-------, cz: r.+i.i. ..a :L. _ r.ei- w cr a,iC w�-. +r< r•.�� :':C''.7•1' -:.7..."'N i�'r.:..2"_'z ::'.:. .`.2'.we=::.:a �-::f..2 :NWi14.714 .: �'lr+y{ai� �.y r.�1.� 4.>. :e�i• /r a _�'..-iL ti�-� .. g. -�lr^ .a.e ::::INT Cr E��'.' �C�". � ;� }ry �.5::=• i ter.,=' r: •z:.: +. :'i r'r,'".'S ..�.. _F, ..,.. m'a:...:= /�e', .7. .2.r:_. - .`.: f 2 r". �`.e+','r'a=xi, .7au; :.i,�_'=-�r: = "...... -c2 .^.C.:. -:7- I yam- .=C r,`...,r ,.--a-o......- . .... iG :e....'".::;: �¢w��4 �.�' ,^,2 , .� �'. trl,2 = �.:::. i.. c�: .:aaC Com.'.; ... re %- t�C ,�.. ��7.2 x� - ,� r -r-" �.arle�C 3 iaa_...r z6-7,:: =- w,2tia',: � .z. •ti -1.. - rrla�.rr .:xi.: .iC �$ S. . -.4 :Se::y2. �....� _. ey d -•_-•S -- "- rax,. ,9„.......,1....-,::.r..., •,V�i.7A .'Li ..'=�r �.-ner .�- - r. 2.m.:.:."`�I.',r. C....-7. _: ►`rr e . a =a — .'r«``.2:'.: tea...', .c` zr.:..'�.0-..., 2..-+�`• ` - .:-.N7.n.zz. ....- fli .....'=r �- 7.2 "^ •• �='lf iia •�ti .. 4LJ l"r ..-. :72 �+_.r 'C'"� �--'r Iia , �•ar *` a '" -��s Cr• :�. `2 .i.,. "�"�o: ° _�'�_.Y _ :1Qi. 7 -.. x- _ .s7c7 . C ;..-7-.... :7.11 ✓'C -. .�� !=7.7. a. td.- 3 ..x-..— _. -a..... .r. ti Z =-'27-.77,-; .� -� _ :c. .�. 3 -;•----7,--f:-: - '---;e--...1-=.: _ r- w., ,.~C 'cv"., s- ti.,... Y ' _ �•--s. _ — —.�_ fid= 'e:'.� ,..:...,_ .:. �. - :;.4..r:_ _ /.rte 7..1Z. ra2y�r C rte. J$ �� am» - rt �! .. '...:� r.�'. Za....+r yr���+r ryy Cr; a M� Oi�.a Yi�a ...aC ■L a_ s a.4, `ri.Fm. we, :.�... — .r.... ....:•••••GGft ••..• r! t C i �..i4T L.��•_ =.7.4=1.•••C • W mea- er r 4r 'r m. rale � fr. r. ~ 1 r} �r Z. '�.�I�r .�r.ati...� riF�1L-� • �1. .►► err 4 i +�r. r :� r� ` .a.''.' ;..='; C: ? r+e' . zva= a i '� ` ". 'gam r - ,..., r. wa� Ct4 r. 4 3' ate^ 44rZ L I .i 1 r C Ri�riaQ.i Gi s+r.+.pi. TG•,..... Z.'4... C,Je •=i4=4=ice,. = s r'. : af"..L'�u.a 44,-. Q =lie u.� d �* .aeyil'.� a M. ltial :C 7 'I 43aL .1.1Z.- 21=5, �`�:�'>< "moi a moi.! .:r c �:.:"Ie m .4=ia =TIT= oT.L.'=e - � le -71'=. r� ^ [,a�aa�i7i Vi •41.1.110!..M. w •...r ^+. w 4C'......e'r' --e j..� �..1G'�� r �. 1�•�. arc cf. wr ria mac 2447-4::-: . z".:= a ==.-,.gra me.=-2..B%—i.....4.:` `•a --.--7.. -�-c►:r,..,-,:e l`-rE r 8 •r~_:.'ice +aiFzriCs+ *Ci- = aC07x±., ..=moi1r.&.. "4 L: :44.4":"F 17 Ir��1i . rac:74 'ate 1 'ems ' .rr .- - .�. ..ani1C; y a dsi`�'r� :a �..� :� si.�.' a '-'7.= +5i.+.r".�' .ten �,." r e � :i. _ r f .:�. i • r 4 r•"" 1'� :y =2. ! riE •....aw..a.a. .'r.. Fsr--' -- Citi �.r ..ti.:.', ',11;11 != '=aa C..�r.. =a.- w ----a ~'I'-.�.. n: '' Cm's a jw.;',1===t--;:::: iii tea= ai.= Z w`.r"...P 72.. "'�f3u, :a...'....441= niL' :.....• r" »,y.... �s +.• ..4 rG +^ '^'tee ---s cC-=.,.._....�.:. _ .::. .. i ii ". r cii`.ia"��i2� a..•+_.2 �i ....4 �:.i3 .iaai^"a ....,r'!"! . i � si. � r"JL.'E4ie, :.'�.' • .� -` • 'y` ''7a�•4= i..a.r 7tr. -�......� ... '44 rIm � r� ri:.. o 4� as ay.....ti teras s now.... • mem 1 - * .-.r.y �. --.... �.. 'r4.r W• f+42.4 r.:. ��r'w '�- r ' -rte +G aa6, w a :2 �`. °S7, ..71074:.; a' 4.144.•a.S.Fr�� .f7 -_•tea• £ • '4r +G �w� r •-• d{d-a �+ � ra 211.:•.12 • • =.i.... = e . � .:-. �+a7C X12 tear. N r."---::.77- i C_�.; r cf :7�.=•Q ter' re".•r''. aa:.:. � ..'E ai ti 4T a raa .^,C.:► =a J71'C a .a�:.� w:, :, °:c fes' anC a C,'=i ai. �.a •r `C: a �w'�w;� aiC.": iiia C l$ ..4.--715.7 + C "a =C.7:..rc ---ie ter= .. ��.'._ - '-;--,..-a-,.= } c:.. �aC :: .r:= �,..�n� g Qi1..4.� r si �. ...a b ---...a r r.G'Z :�� tZ Ytr,! 4 e4L.'.�� +w w.�d �r z{a.r. 4 .�.: ...e.. r as n 4:.�na. ar...w ri$ ----,re .'-='-'1" 3C+$ ^._r _.-re 131-� •...- 2:741.:-.-F, .w .--. ' na,...--- _ a an: Nc.... ter....�Zr r '-u—= team C`�^ ^'a.^'t'a;•'� waw. , a : �!;-_:imd !.i x'.Ca �'aii.�' r.�...r� ---anti" .r..a�ir:S..� : al.. _....'a,. The '".'..:-:.J :.CiY� ti-. ,.aiC ;7,2-:=-747[4.7'r ,....•---. cr .. — ..w '} r ,� �-•:�. AM 46.. .' r�.a Y/,.^. rT...... • ,• rG ..... • ...r+.r~ Y✓I 4iOW .w .-.] IC. -'F `. mC.=1c,. lid , .. :IC:S r-.!,.-- ' C :Z 1e : C':'.p-2+�^•c„--r.-_ .`' w. �... >+.:.4.�- - :.._.: c��r.�-c __ - -� .: Q 'rv�� cz �� fir.:: :=-7.= r=V.=y1:.-. Er: Cs=.re=1a'&..a1I.'� .'r: a .7.:=7.= a r:'J$ ... C. * "fir wa 441.4 Me! -+.a7. ziaG -- ' 64'.2-jr-Z" » , r ' .: •" - �'� °', �....-..,�i jr Edi y• .... ka! �r�..~'r �+. 241= w` .a"1T[S/'�Rr�. r••. �-=� �.�� `... •..� _ ZC�;, ���,-�s..:..:d.�. - .�":a +.� :w'� a3 wC+ii�' Ci.�.a.�r ,▪ ~ c. :....:,.'ter c `4112-1 ;�- C .- r . `.. ' _ c a yrf�: a _ .. '...aa.. .`... :.- �.. pr ,+� t .ter �+ r.saV 1 - • SSV - II Y it; Alt... -num C.= � ���� irr'J C ~� — -_ .. .air �'� -..'�. a±= .- r^- a - .. r- -+� CI -L7•47-72-7-7.-: a ,f..w' w -- - •-.-.�...J fi�tiTr 72 =IC ��.... 22 .`a _ - s Ar.1 _� •,::. .-- -r"o: rT,,-�= f ./•••,.�a � .r :�.•i8 . E '.-..+r' ..a rm a 1'a.- '� r 1:70 ar.Z. a aF - 'Fr •..= .1.., a .41,y ��iLlww JRG ��~1G 'i i t:.... -.-..r_, aM e ---c nr A=^ r 1 _. "' ""moi.. ` a-....... _=:-.....-..E7 Y::�:.w-....,--;--,-.Z;C: C.^.:r:l � .. +ril' .1L1: ;, _..».`. ca= .X s'"''."+ "+ ,.K =- ir,J hal R---, 17, 2- rim - er• aE r%. i 1 r. -m. ^.: - ��i `E i....-, k---. " �.a ••••,..... ��es .-� r'� =�" _ { � 4 1� W al, sat rm.. .. �i r..R +�R..r� N ....... r .� Q r�_ ^.'� - �sL:� :.$ am_ .:. 'a 1, `..= [ fir arinV1C 4 .3. .0.4 Ci rL� ccs. w a' .L....B - .wa" 4L4.+! .a ��•r� « s. •• r . ice. el i= r. rr".Wu ...re • errr 4.-.• l+ai .'L 4=7 =2P w ar,....f .9 Y Z. .4e.i z1.= ..... •iLw 4 Y. . r am ... •rsr .�.wi ..d1414r �'w1,S ...7''''.f.:1.:7 �+err K ... qy 47-.r.e � • µr''S1 r.F2 a i _ ri .1r = iiiw.+r rRG � •e .ri :=� .++ .+.��. �.2 �r.�.,.�. r '..i C kr _r ie .^.�� 1 fr1�. `�as.ry ::tii .R ..1 tiwr•i •••I CL ��++ �........� :VC , �-` _ .^fi r �..:- ,= 4� :: '=•r'r ;tom }'=-• :rc �•E mow:.• .a 4tes2r:'� .'K.y 4 lr_.ir wr. prlti.,r '-Lrre f _r •dm. di *M w .rte: +� �2 � :.ale '�'�'+��'� r�"+= N ,7et+'r^,=‘,. '.:+ :.7,77 7n_ la f-= u+e fL =et= C ("1"7:. 41‘. .....r a ^.+ a.c 1+ ���� L'*:L`�" v. a}�^, y�p� �+ a,.r: _41 • • .. ='+ rz=e! LAINCIE •1 ft -'a 1Yi; ="2:.-2. . =i~..�ri� =.ar ....,� _ =L� =�-: j qtr-�--•;r. r,,rrg =matte "'I..r"•s :SI :lye= =, •ete .. . r.,_..ai �r.�" �.�: •..: :� w :.•=k..v .. rte " czrz.-' .2 i ,===7.-..:=--= .7A1�. = :.=a='; rhe .!'4 C�i�+ . J�:CrV NE. 4' 7i! g N ��r+ q YY Y � 'f� �- �` �� a�.r� i'1 C.747.� W .w_�._.� tet �� `�'•�\ . i '17 2-n= �'y�� -`tom'-='�.• _":_' .� �""�" N ;'_"==, Li :27.71 �`'. .:N 't rapes+.... N�Y� .yr�r:r.� i Y� F S4�.rLs�, � � �+N l.i..r *�'ti� _...�� iamr �a�r 4E.n= N CC"? -77.2"_ .:� row,+a .A_ rrti _ _ ter �e:'w 11 r•Zr.r,. N-�+d-__��a r r. _-+�� 4 r:P.„1 • N 2.s►-rte:Y �3 + r r ..r ` N Or.:". - r r .-! `2�^ :� 7`11c:"=" ,= 4:.r t .c.�+ri .'mss,,.^".:r4I '7"__ _ w'�A^ t .� .•.•W • AkLz w�a: •a.i.r. ate. T r ..+_. :Ra....a l... .. • "•iW.�.f. rOFk. arr... J. .._r . �� a 1 -s _ +� •-. t� N raf/r-r• I S`.'y •fir =en= :N - _ �A! ��::-e _ '� z: Vie:-_..' !i 'iiL4"� . F. � r (..� NCN71:7 .C�+ti =an-, 1 r .rte i�r _r !=.12: �4 Ja� r�7r 1C_"= .� __ �7y11� 11E. Yi 1� 3L � N !- -� r MrC . ri4.r.• N pn �pnrl. a _ �.`.-". i�� ~JR•.G r'r N ::.. � Cd ��.» : �� ��';� ."'� �.0°� r �a � e �._ _ !e'er: .4, ",.�..,y -- 1 1 +4E.. r" rie- N rw'.p,:= -•a = :44 L".L7 ai .1 7..4r" _ - !i. .. E.r !se:: Jie:,r.� N � •J r C -15:177 -Ir r �.�.,,. lI� i�� � ISO"! ir•'A^' 1 1ai � te.... y�G.� � e �T�..r= , f �y: •G_�. .fl�+.• ti ,�{ +.�..-. J L� '�^Zi a -`j� rr..�i.. _ n �7ati ."rte � r��J �r '� 2c 2-2 rr . �T rG�� .Y �..'� .._. - �� fid, f r rr .. -t �� � �c�''$^=+ Nw a . • r- =err -% N 72'717 77..2g. J1�". N rr _w �� `tir �-' i ori. 8f7=2 N �C7/rw.wrr_� r'.r +.,.� .G--_."�. :4 Y�r ,. E _.s. .'4 4ter re., -.s N .C'3r ::.7,e7.=0.f .. - _ C,. - ;' `+V '`..�._.. ` '^ ^� :� :." •� yr '4V_.. �::72-r=" -r ry .•+_a -'. � r. !` - 71 ' r.yr= ,Y - .y'� .+ why X*fri ;�+i.. ae�-� � ��Z [ � .r ^ - .rte .�� •�C':� :y ��.:_• ,:i .�. ! '7`�.�. ��r._�,`L . Y. ' 0'.' 4-.. � �. _ __ 7 :11;"".." ��+.. r _.+ 77:. � N ... F RJ' �. ,..! ..� 1 .��� � �.�. :''� 4.. w�• �-='5, 4 -.,ter ..._ � pp Er A W µ ` �z -: - . o "1 _. .a ' �r w°.r :a,�r�I( ....�-�[•� . ,: ate•., �..,_ _fettr.V mss'• _� .• +Q,.� _ ..+ _ - - - yi._ • �.- � �L"`^� Ni — `� ��'� N�: .!7-77=•t—_ �.:c �� rte"..'."- N 1 ,� ..- _ • .. Q{.k em .4rA - V +,� r •Yrs : Cir '�.. •'• %Y - -•. Li. .tw�R•1+r. 1 i.i r s.. r ` ++ +•r.. ..r r l , , 'r+T•Av++��•wi .44 ty;;c ��-++rte�. ,- -=+.=i ;v G.-- k�� - _•, y _ � N E.:17_7=7. r :S _3-4 .i.y.•„r iY �r r� ,�-`ri: t ► R ■f �r .++ - •�G ++r L •i V - - I r - - i. i 4 4.r..17:."":' � `'ICS -: -3"W, I_ rte'. -A'• ...— - 41.....=a •.....- _ . -.: u t - N ��,--��r -fE� .,_..fes - �iN _ tar" --s. W �_ iii j -JAT-kY/.r•1 N-J�/RC'•r �. = '+--� :11 r 1 •r47 c..1y1:1�{ TY ki 1. �, 1a..►'i LG ry : E =Er= E �' yy rte. �/ '..f t'2 1 1 k - 4 17 -�� tan= N y fl'7�sr^! - 7E rr y= 1.14_41 A il�.krk «: i++G.yi. f �4 { - u .r.i #.tel int tar= C ■ .J+� .r++ .- rr. =a= ii !.G ,..,.� L,jj E ratmS aCi .r4%E _ 11r.. -tom' =en= +� • • 71 ...tip 1 = yl — �.�..� !i a%'r"4 u� ! M i,.�: : ��L 1 ■ " 't +r ... ,tiM a �sw•'^�a .44 ..en= 1 r r•s `� "fir+^ .• _.�w� if !•, ,,,� •'moi rT- � • rf r raG;r~ :7 �.f iii 1 ww + �. ,�fG. = :Y rti N •....,%=.44.4... -ss - '� r •� , � r+-...•�. •� - Q -••=1"--A • 1 C.Yt •Y- ; Z �••- • -..: �, •� •..y+.oi .1i: X41..r".'•lrr- .�'.` • V C : �: •,vr��. r -• "1LL iG '-•s . y.a W .4.4 _moi ,� i •--ti •+tii w.,.y Z." :ii Y1 w.•�,„ ti^-•} rr�r _ ' i�r +... - as-r.....rl { C � :4 '+ • ! i .i•:. ... { CZ-L-: ;,,-f-.•t�• ��.L.:i� iw��` W a_zy ri.i.S7L. .tl yS. -LE tar .Y,nwlr+ I C `C N rft:-=:"..;,1'a 447e :iii-i-y27,lfiw� trim=�}� }•� �{,� f r a� i Y4. '.1;Crr wr F.2T = Ci',�,�--� rr /� }►mors •./ .1 4 V.I,Q� t�-4'. 4 • i.�j��`�1i-ss _ V !- w "'N ,.•C.Si•. V � • \y ��� C -� T/ / i 1� a '��.� w�G�i.3 iy�4r ��r..;Y. rtirs a E :.;r~.; r; + 2!=i.:�4 .1714 rz— •f ',. .� „• := SIC tee?+—'; $; 2C= •.vtS&1t„� ,r, -t.. :�• w s : +::.:. Fume �..—•: �.;.�► c -?r :iC"+;s-�,^' i'+w:ii� r!'"r ..-..r.■, =rt -.r w *•`•.r':LL:a re- I' ,: w7'"�f "'� E 1111 u�•��� =Mete' M '4 �.. : r:.:t+<�: �e ^� first r .11 i G. 2 tte• 1•- r. T4 '•�.• •G. • `•,rL_•- •r. rr 'r1Yl IL wi y y G T. i -s. !re r. a'.C,jky 1r1yw •ti. -y n _ 1^-.r' �—�` �"'• —`car �4:. �.,-.:ri —'� '•�_ L I1 1 '+S--1. r+.,. • ..0 rZ-k y. '-'tea ++rrr �C��^� :y ,,,���•'�• .0 11/ �„r C -az '~iris �a�• w , �� ��•.. tat= N _ :•r =. r w '" .N U"!�`�: 'Np�— ,��-eater r " A� o W ,,,, , .r• • � � ^.. -4--�� Vie' .d7- •ar - a,... .,. Ez `iM�-+....r A4� ,...-il ,.., 4•. :a.o1 -_ _w:F_'C.N .An ��^-�^.: '�Cz •r •..r•,a Binning ;mint:Wm.= the Scz=lasc =lard said Sic= Zi tits= S. a254-24-4 1=-TE =na- erfg a .i i7= C.y aria702riarCa",7f=ridinOa= thm-=N r - E fim them= M 7T`.1 E 2 tam= z pint= ttte' " Eine at a a= i in a cis=numtrafi E:= Po4geEril irr lte =If= d the Gatetzt C. L rr ,r Ca* a R--tra-, wmerrca ttte cu.• ; rrer cf smn E4.744-2/"E mac:Aluntraun C Fc-- Li. E =3 F tits c'_.....i.* * :z ar" 4t=:=; tie= S Z4414111Nf 2214 =nor t re g : in= C�snry rrr errz in A M �.` . °. ` Z . fec N.="=...-7 E. 2C2._-7..th N .;"° E I...S cT fiaw b a qtr ctt stai Wins g iae ca . �. . _.:.c.. sic £ a. P =4T it Ina cal5= aaf themss := GrCatz q Corr Ti==r, 7itift7=M 4:113 Hl Laid" =h e r Cf SIC fA F' Z .e t E a G —q ci 2417-51 =n g a 2 1Z in= Gzr,.0 � C. ` 'tri (R 4) a vii-m= 5 u� =mar29 N €st7 W 121414 fem. mid err =raw team' :1- a. Alwrmin=C' F' . ruu — fcurzi in Oa= thezcaS 1E=.7' E ''R fry b : ccirrc alma the Nctrit ..,.-;tar of =iditscsN .77'w..471712 r CB..Z~_' ' a =int ung a arta Mcinpt2i= ,21Ct rarnont vra: a 2 Aur um Car. rusrrrerc+ Escrunn= .a a paint wile= the Nett C1121tEr =15ef d rat art ;:g o=rs N rzin n =mar terra with a 2 sit= Mime �r�.•irra in ;ft= =In re= � rurn C r c rrr rr e"---the= S .` M' ' E i $.rt.:$ ; the= r Z. E =Sr: t a err[ vine= the Nara C w __ Cn t* he ` 2=ring tagn 1. N.. s.m:nr .sta. : zta" a rurne^.. tur= ttZ arc ra'r,,.rx.: a 2 in= r" lLmtrozn C�.7 F.= r ,iL n—er 4r- • Exhibit H • • Wright Water Engineers, Inc. 818 Colorado Avenue, Suite 307, P.O. Box 219 Glenwood Springs, Colorado 81602 (970) 945-7755 TEL (970) 945-9210 FAX Via Hand Delivery James S. Lochhead, Esq. Brownstein, Hyatt & Farber, PC 818 Colorado Avenue, Suite 306 Glenwood Springs, CO 81601 October 8, 2007 Re: Spring Valley Ranch Water Supply -- Phase I Dear Mr. Lochhead: www.wrightwater,com e-mail: biorah@wrightwater.com DRAFT Wright Water Engineers, Inc. (WWE) has prepared this report summarizing the water supply plan for Phase I of the Spring Valley Ranch PUD (SVR) as approved on November 4, 2005 located in the Spring Valley area southeast of Glenwood Springs, Colorado as currently proposed by Spring Valley Holdings, LLC. The purpose of this report is to assure that a Phase I can be developed under the existing legal and physical water supply available to the project. WATER REQUIREMENTS Water requirements for the potable system are based on equivalent residential units (EQR) on projected square footage of irrigation. An EQR is equal to a water requirement of 350 gallons per day, 365 days per year. The proposed golf estate units are assumed to equal 2 EQRs, each with being allowed to irrigate 4,000 square feet. Phase I water requirements for the potable water system are based on the following development units: Type of Unit Total EQRs Total Irrigation (sq. ft.) 50 Golf Course Lots 100 200,000 Clubhouse 15 20,000 Sales Office 2 5,000 Fire Station 3 5,000 Metro District Office 5 5,000 Total 125 235,000 (5.4 ac) DENVER DURANGO (303) 480-1700 TEL (303) 480-1024 FAX (970) 259-7411 TEL (970) 259-8758 FAX James S. Lochhead, Esq. Brownstein, Hyatt & Farber, PC October 8, 2007 Page 2 DRAFT All of the development units will be served by a central wastewater treatment system with an estimated consumptive use of 5 percent of all delivered in-house water. Irrigation is expected to be 80 percent efficient. No non -potable water system is planned for Phase 1. Table 1 is a summary of the Phase 1 water requirements and depletions for the potable water system. Total annual diversions at build out will equal 64.14 acre-feet (AF). Total build out depletions are estimated at 11.36 AF/year. PHYSICAL WATER SUPPLY Phase 1 will receive its physical water supply from three existing wells; these wells are identified as follows Well Name Permit No., Receipt No. Permitted Diversion SVR 17 66297-F 75 gpm, 60 AF/yr ASR 13 66298-F 100 gpm, 50 AF/yr ASR 14 66299-F 100 gpm, 50 AF/yr 275 gpm, 160 AF/yr The maximum monthly water requirement is 6.79 AF in July (See Table 1). This equates to an average monthly demand of 50 gpm. The physical capacity of the four wells is greater by a factor of at least five. WATER RIGHTS All of the water right requirements for the project's domestic in-house, domestic irrigation, and commercial water use are covered by the existing augmentation plans decreed in Case Nos. 87CW155 and 98CW254, and other decrees incorporated in the augmentation plans. The primary water augmentation sources for the development are contracts with the Basalt Water Conservancy District for 420 AF. Excerpts from Water Court Case No. 98CW254 are quoted below. SVD is the owner, or contract purchaser, of the Property, which is sometimes known as Spring Valley Ranch. The Property comprises approximately 5,948 acres, located in Sections 14-16, 20-23, 26-29, and 32-34, Township 6 South, Range 88 West of the 6th P.M., in Garfield County, Colorado. The Board of County Commissioners for Garfield County has approved an amended Planned Unit Development ("PUD") application for the Property that will allow approximately 577 residential units including affordable housing units and cooperative ownership cabins, two golf courses of 18 holes each, and some limited commercial development. James S. Lochhead, Esq. Brownstein, Hyatt & Farber, PC October 8, 2007 Page 3 DRAFT The Property and any related development at or near the same location ("Spring Valley Ranch Development") will be served by an integrated water supply system with two primary components: (1) a central potable water supply system to serve the in-house domestic needs and a limited amount of irrigation water for lawns, gardens, and community areas; and (2) a non -potable system to irrigate the golf courses, open space areas, driving range, clubhouse areas, and agricultural land. The potable water system will deliver water diverted from several or all of the wells and springs described in paragraphs 5.a through 5.p above. The non -potable system will have the following sources: (1) surface water from SVD's senior water rights on Landis Creek; (2) ASR Reservoir Nos. 1 - 3 (Case No. 98CW257); and (3) water supplied by the wells and other water sources listed in paragraph 5 above. Based on the Garfield County PUD approval described above, SVD has estimated that no more than 695 single-family residential equivalent units ("EQRs") will be served by the central potable water supply system. This estimate assumes that some of the single- family dwellings will equate to more than one EQR. A listing of the types of residential lots and the associated EQRs and outside irrigation entitlement is attached as Exhibit C hereto. Water requirements for in-house domestic use associated with the development have been estimated at 350 gallons per day per EQR. Wastewater treatment service for the majority of the Spring Valley Ranch Development and surrounding areas will be provided by the existing Spring Valley Sanitation District ("Sanitation District"). The primary wastewater treatment system will include central collection and treatment at the Sanitation District's expanded wastewater treatment plant, planned for construction near Colorado Mountain College, for which site application approval from the Colorado Water Quality Control Division has been obtained. Treated effluent from the plant will be available to SVD for re -use as irrigation water for the golf course, open space, and agricultural areas on the Property. All re -use of treated effluent will be augmented in the same manner as first use water from other sources. Because the Existing Augmentation Plan (described in paragraph 8 above) is limited to the augmentation of a maximum of 150 acres of irrigation (in addition to 90 acres of irrigation associated with the residential and commercial development) and to the sources of water described in paragraphs 5.a through 5.k above, the purpose of the augmentation plan described herein is to expand the augmentation protection for the water supply to the remainder of the irrigated areas of golf courses, open space and agricultural areas on the Property (that in excess of 150 acres) and to allow for the augmentation of out -of priority depletions from the additional sources listed in paragraphs 5.a through 5.r above. The plan for augmentation described herein is supplemental to the Existing Augmentation Plan and will operate in conjunction with that plan to provide full augmentation for all of the irrigated acreage on the Property and to allow out -of -priority use of the additional sources described in paragraphs5.a through 5.r above. • James S. Lochhead, Esq. Brownstein, Hyatt & Farber, PC October 8, 2007 Page 4 DRAFT It is our opinion that the water rights currently associated with SVR are adequate to meet the proposed full build out needs of the Phase 1 development and, in addition, there is physical water available to be diverted by these rights, even in a dry year, to meet the project's Phase I needs. Please do not hesitate to call if you have any questions. Very truly yours, WRIGHT WATER ENGINEERS, INC. By William L. Lorah, P.E. Senior Consultant Attachments cc: Tom Gray, Spring Valley Holdings, LLC Mike Gamba, P.E., Gamba & Associates, Inc. Sean Morgan, Hart Howerton C:_ WORKIWWE931-0041040hrk'SVR WaterStipply.doe • • • • • TABLE 1 Spring Valley Ranch Potable Water System Requirements all values in acre-feet) DRAFT Month Diversions Depletions In -House (1) Irrigation (2) Total (3) Central Treatment (4) Irrigation (5) Total (6) January 4.16 0.00 4.16 0.21 0.00 0.21 February 3.76 0,00 3.76 0.19 9.00 0.19 March ' 4.16 0.00 4,16 0.21 0,00 0.21 Aril 4.03 0.94 4.97 0.20 0.75 0.95 May _ 4.16 1.50 5.66 0.21 1.20 1.41 June 4.03 2.31 6.34 0.20 1.85 2.05 July 4.16 2.63 6.79 0.21 2.10 2.31 August 4.16 2.19 6.35 0.21 1.75 1.96 September 4.03 1.38 5.41 0.20 1.10 1.30 October 4.16 0.19 _ 4.35 0.21 0.15 0,36 November 4.03 0.00 4.03 0.20 0.00 0.20 December 4.16 0.00 4.16 0.21 0.00 0.21 Total 49 11.14 60.14 2.46 8.90 11.36 Notes: (1) Based on 125 EQRs at 350 gallons per day per person. (2) Irrigation of 5.4 acres at 80% efficiency. (3) = Column (1) + Column (2) (4) = 5% of Column (1) (5) = 80% of Column (2) (6) = Column (4) + Column (5) E:\Projects\VWVE931-0041 04Qj awlPha se_1 _eq r_s ched u le Wright Water Engineers, Inc. Des.By: JAW Ckd.By: WLL 10/8/07 • Exhibit I • • EXHIBIT I MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING, entered into this day of , 2007, between SPRING VALLEY HOLDINGS, LLC, a Delaware Corporation. whose legal address is (hereinafter referred to as "Spring Valley") and LANDIS CREED. METROPOLITAN DISTRICT NO. 1, whose address is c/o Miller Rosenbluth, LLC, 700 17th Street, Suite 2200, Denver, Colorado 80202 (hereinafter referred to as the "District"), (collectively, the District and Spring Valley shall be referred to herein as "Parties" and individually as a "Party"). 1. Spring Valley is currently the owner of those water rights and contract rights identified in Exhibit 1, which are intended for potable municipal, domestic and irrigation water service to the Spring Valley Ranch P.U.D. Spring Valley hereby agrees to grant, bargain, sell, confirm, assign and convey to the District, its successors and assigns forever, appropriate interests in and to such water rights and contract rights owned by it necessary for potable municipal, domestic and irrigation water service to Phase I of the Spring Valley Ranch P.U.D., via the execution and proper recordation of a deed in the form attached hereto as Exhibit 2, and an appropriate assignment of the well permits and contract rights referenced therein (the "Water Rights"). Such conveyance shall occur upon and simultaneous with the recording of the Final Plat for Phase I of the Spring Valley Ranch P.U.D. Conveyance of contract rights to Basalt Water Conservancy District water shall be made by proper assignment on forms approved by said District. Spring Valley shall pay all fees associated with such assignment, and with the preparation and recording of said deed and assignments. 2. By acceptance of the Water Rights, the District shall assume and be bound by the terms and conditions of the water rights decrees, permits and contracts necessary for the operation of the water system to Phase I of the Spring Valley Ranch P.U.D., including all stipulations and agreements entered into between the applicant and objectors and imposed by the water court to which those decrees are subject. The District shall also be required, and hereby assumes the obligation, to comply with the applicable terms and conditions of Garfield County BOCC Resolutions 2005-83 and 2005-84, specifically. a. A groundwater monitoring plan shall be developed to monitor future water levels near the Spring Valley Ranch wells. The monitoring plan shall include water level measurements in the production wells and other wells at the PUD that can be used as monitoring holes. The monitoring plan shall include measurements made with enough frequency to observe seasonal groundwater fluctuations and long term groundwater trends. Results of the monitoring program shall be available to the public. There will be an additional monitoring well developed or identified that is at least 2000 feet from the production wells. Either a new well or an off-site well meeting those criteria could meet the criteria. All of the monitoring reports will be available to the public. A copy of the monitoring plan is attached hereto as Exhibit 3. 1 • Memorandum of Understanding Landis Creek Metropolitan District No. 1 b. The domestic water system must be constructed and operated in accordance with the Colorado Department of Public Health and Environment regulations and standards. 861.0018 c. Owners of existing permitted domestic wells in use for a single-family residence as of October 29, 2001 that are located on the properties that are contiguous to the boundaries of the District will be allowed to connect to the central potable water supply system of the District in the following conditions: 1. Each dwelling unit served by an existing permitted well shall be entitled to one tap for the provision of one EQR from the central potable water system; 2. Such owners shall be subject to the same rules, regulations, and policies as all other residential users on such systems; 3. Such owners shall be charged in -District fees, charges, and rates even though they are out of the Districts; 4. In the event that such an owner's well becomes unable to produce the quantities required for permitted domestic well, such well owner shall not be required to pay a tap fee at the time of connection to the water supply system; 5. The main infrastructure and distribution systems for the water supply system have been installed and tested and operational; 6. Such owners may choose to connect to the water supply system at any time after the system is installed and operational and shall connect to such system on any appropriate primary distribution line and the District shall use all reasonable efforts to locate such distribution lines in a manner that, to the extent feasible and practical, it will accommodate a connection by such owners; 7. Such owners shall be responsible for all costs associated with constructing and extending the necessary water lines to connect to the water supply system's primary distribution lines; 8. Such owners may keep their existing permitted well in operation, the water court decrees that will legally support such service must be issued in Case Nos. 98CW254 and 255 in Water Division No. 5; and 9. Such owners will be responsible for securing any necessary rights-of- way from their property to the district boundary and the District will provide the appropriate rights-of-way, within the District boundary. • Memorandum of Understanding Landis Creek Metropolitan District No. 1 d. Individual well development shall be prohibited for new residential development. e. The District shall work with Spring Valley to adopt a water usage rate structure that encourages conservation. f. Well water usage for agricultural and golf course purposes shall be allowed to supplement surface water sources in the event of a shortage of surface water supplies. 3. Upon the conveyance of the Water Rights, Spring Valley agrees it shall convey to the District by special warranty deed and appropriate assignment such interests in the water and contract rights identified in Exhibit 1 as may be necessary for water service from the District's water system to those persons identified in agreements and stipulations in the decree to such water rights, and to those persons identified in Paragraph 2.c. above, at the time and to the extent such service is provided by the District to such persons, and subject to such terms and conditions. 4. Upon the conveyance of the Water Rights, the District's agreement to assume the obligations specified in Paragraph 2 herein shall run to the benefit of the parties to any such agreements and stipulations, the parties specifically identified above, and to Garfield County. The District hereby agrees that upon such conveyance it shall assume such obligations unconditionally, and agrees to indemnify, defend and hold Spring Valley, its employees, agents, principals, officers, partners, and assigns harmless from and against any and all liability, cost, damage and expense arising from or in any way connected with such obligations. 5. The District shall re -convey all or part of the Water Rights, together with all and singular hereditaments and appurtenances thereto, back to Spring Valley in the event that development within the District boundaries does not occur at a level requiring all or any of the Water Rights, together with all hereditaments and appurtenances thereto. Such re -conveyance or re -conveyances shall occur, if they are to occur at all, by the 3151 day of December, , unless the Parties mutually agree otherwise. Re -conveyance of contract rights to Basalt Water Conservancy District water shall also be made by proper assignment on forms approved by said District. Spring Valley shall pay all fees associated with such assignment. 6. This Agreement shall expire and be null, void and of no further force or effect in the event that Spring Valley has not recorded a final plat to Phase I of the Spring Valley Ranch P.U.D on or before December 31, 2008. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding relating on the date first written above. By signature of its representative below, each Party affirms that it has taken all necessary action to authorize said representative to execute this Memorandum of Understanding. 861.0018 • • Memorandum of Understanding Landis Creek Metropolitan District No. 1 ATTEST: By: Title: ATTEST: By: Title: 861.0018 By: SPRING VALLEY HOLDINGS, LLC, a Delaware Corporation By: Its Authorized Representative LANDIS CREEK METROPOLITAN DISTRICT NO. 1 By: Its:President Memorandum of Understanding Landis Creek Metropolitan District No. 1 EXHIBIT 1 Spring Valley Ranch PUD Water Rights Decrees Necessary for Domestic and Municipal Water Service 1, Spring Valley Well No. 1, decreed in W-3298 for 0.67 c.f.s. on May 19, 1978, with a priority date of December 7, 1976. 2. Spring Valley Ranch Well No. 2, decreed in W-3549 for 0.033 c.f.s. on May 18, 1978, with a priority date of December 31, 1941. 3. Spring Valley Ranch Well No. 3, decreed in W-3702 for 0.088 c.f.s. on October 17, 1978, with a priority date of November 17, 1977. 4. SVH Well No. 5, decreed in 82CW390 for 300 g.p.m December 15, 1982. 5. SVH Well No. 6, decreed in 82CW391 for 300 g.p.m priority date of December 15, 1982. 6. SVH Well No. 7, decreed in 82CW392 for 300 g.p.m priority date of December 15, 1982. 7. SVH Well No. 8, decreed in 82CW393 for 300 g.p.m priority date of December 15, 1982. 8. SVH Well No. 9, decreed in 82CW394 for 300 g.p.m. on October 7, 1985, with a priority date of December 15, 1982. 9. SVH Well No. 10, decreed in 82CW395 for 300 g.p.m. on October 7, 1985, with a priority date of December 15, 1982. 10. Case No. 84CW212, which decreed alternate points of diversion for 6.0 c.f.s. of the Basalt Conduit water right as decreed in C.A. 4613 on June 20, 1958, for 450 c.f.s. with a priority date of July 29, 1957. The alternate points of diversion are at the Hopkins Spring Nos. 1 and 2, Spring Valley Well No. 1, Spring Valley Ranch Well Nos. 2 and 3, and SVH Well Nos. 5-10. (See description of Case No. 98CW255, below) 11. Case No. 87CW155, July 7, 1989, which decreed a plan for augmentation for water service for up to 2642 residential units, and 150 acres of irrigation, for a total annual water requirement of 1371 acre-feet and a total annual consumptive use of 453.6 acre- feet. This augmentation plan contemplates water service to the Spring Valley Ranch from the following water rights: Hopkins Spring No. 1, Hopkins Spring No. 2, Spring Valley Well No. 1, Spring Valley Ranch Well Nos. 2-3, SVH Well Nos. 5-10. 12. Case No. 98CW255, Water Division No. 5, which amended the decree in Case No. 84CW212 to include the ASR Well No. 13-16, together with up to 20 Additional Wells that could be developed on the Spring Valley Ranch PUD, as additional alternate points of diversion for the Basalt Conduit water right. 13. Spring Valley Well No. 1 (300 g.p.m.), Spring Valley Ranch Well Nos. 2 and 3 (300 g.p.m.), SVH Well Nos. 5-10 (100 g.p.m.), ASR Well Nos. 13-16 (150 g.p.m. for 13-15 and 100 g.p.m. for 16), and 20 Additional Wells (SVR Well Nos. 17-36) (100-300 g.p.m.), decreed in Case No. 98CW256, Water Division No. 5, for the uses described in the augmentation plan decreed in 98CW254. 14. Case No. 98CW254, December 9, 2002, which decreed a plan for augmentation for water service for up to 695 EQR, 24 acres of pond surface area, and 420 acres of • • • on, with a priority date of on October 7, 1985, with a on October 7, 1985, with a on October 7, 1985, with a 861 0.018 5 Memorandum of Understanding Landis Creek Metropolitan District No. 1 irrigation in conjunction with the augmentation plan in 87CW155. for a total annual water requirement of 1457 acre-feet and a total annual consumptive use of 974 acre- feet, up to a total augmentation requirement of 420 acre-feet per year. This augmentation plan contemplates water service to the Spring Valley Ranch from the following water rights: Hopkins Spring No. 1, Hopkins Spring No. 2, Spring Valley Well No. 1, Spring Valley Ranch Well Nos. 2-3, SVH Well Nos. 5-10, ASR Well Nos. 13-16, and up to 20 Additional Wells to be located anywhere on the Spring Valley Ranch PUD. 15. Water Allotment Contract with the Basalt Water Conservancy District, dated December 20, 1984, allotting 180 acre feet of water. 16. Water Allotment Contract with the Basalt Water Conservancy District, dated November 9, 1998, allotting 240 acre feet of water. 861.0018 6 • Memorandum of Understanding Landis Creek Metropolitan District No. I EXHIBIT 2 Form of Deed from Spring Valley Holdings, LLC to Landis Creek Metropolitan District No. 1 SPECIAL WARRANTY DEED WATER RIGHTS THIS SPECIAL WARRANTY DEED, made this day of , 2007, between SPRING VALLEY HOLDINGS, LLC, a Delaware Corporation, whose legal address is (hereinafter referred to as "Grantor") and LANDIS CREEK METROPOLITAN DISTRICT NO. 1, whose address is c/o Miller Rosenbluth, LLC, 700 17th Street, Suite 2200, Denver, Colorado 80202 (hereinafter referred to as "Grantee"). WITNESSETH that the Grantor, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, the following water, water rights, and rights to water in the County of Garfield, State of Colorado (the "Water Rights"), to be used for water service to and within Phase I of the Spring Valley Ranch P.U.D., Garfield County, Colorado: ASR Well No. 13, together with Well Permit No. 66298-F, decreed in Case No. 98CW256, Water Division No. 5, for the uses described in the augmentation plan decreed in 98CW254; 861.0018 ASR Well No. 14, together with Well Permit No. 66299-F, decreed in Case No. 98CW256, Water Division No. 5, for the uses described in the augmentation plan decreed in 98CW254; SVR Well No. 17, together with Well Permit No. 66297-F, decreed in Case No. 98CW256, Water Division No. 5, for the uses described in the augmentation plan decreed in 98CW254; Monitoring/Observation Well Permit No. ; An undivided 12/420 interest in and to the plan for augmentation decreed in Case No. 98CW254, Water Division No. 5, as and to the extent necessary to provide domestic and municipal water service to and within Phase I of the Spring Valley Ranch P.U.D., Garfield County, Colorado; and An undivided 12/420 interest in and to Water Allotment Contracts with the Basalt Water Conservancy District, dated December 20, 1984 and dated November 9, 1998, allotting a total of 420 acre feet of water and 6.0 c.f.s. of the water right decreed to the Basalt Conduit water right, as said water rights are changed and Memorandum of Understanding Landis Creek Metropolitan District No. 1 changed and incorporated into the decrees in Case Nos. 98CW254, 84CW212 and 98CW255, Water Division No. 5, with respect to the diversion of water under the water rights decreed to the ASR Well Nos. l3 and 14, and SVR Well No. 17 described above, and as and to the extent necessary to provide domestic and municipal water service to and within Phase I of the Spring Valley Ranch P.U.D., Garfield County, Colorado. RESERVING unto the Grantor, its successors and assigns forever, any portion of the Water Rights not then needed by the Grantee for domestic water service to and within Phase I of the Spring Valley Ranch P.U.D., for use by the Grantor for golf course and other open space irrigation purposes, construction water and revegetation water supplemental to surface water supplies owned and used by the Grantor for such purpose. The Water Rights are conveyed together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained water, water rights, and rights to water with the hereditaments and appurtenances thereto. TO HAVE AND TO HOLD the Water Rights, with the hereditaments and appurtenances thereto, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the Water Rights, with the hereditaments and appurtenances thereto, in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person and persons claiming the whole or any part thereof, by, through or under the Grantor, but not otherwise. Grantor hereby assigns to Grantee all warranties it has received as to the Water Rights, if any, from any other person, to the extent Grantor has received any such warranties. IN WITNESS WHEREOF, the Grantor and the Grantee have executed this Special Warranty Deed on the date set forth above. 861.0018 8 • Memorandum of Understanding Landis Creek Metropolitan District No. 1 STATE OF COUNTY OF ) ) GRANTOR: SPRING VALLEY HOLDINGS, LLC, a Delaware Corporation By: ss. The foregoing Special Warranty Deed was subscribed, sworn to and acknowledged before me by as of SPRING VALLEY HOLDINGS, LLC, a Delaware Corporation, this day of 2007. Witness my hand and official seal. [SEAL] My commission expires: 861.0018 Notary Public • Exhibit J • • 1 • • • Spring Valley Ranch P.U.D. Groundwater Monitoring Plan BACKGROUND The Spring Valley Ranch P.U.D. (SVR) water supply will, in part, rely upon the use of groundwater diversions from aquifers underlying the development. Other water users share some of these aquifers. 1t is important to SVR and these other users that the water level in these aquifers be monitored to determine long-term aquifer Ievel trends. MONITORING PLAN 1. Wells to be monitored by SVR are listed in Table 1 and shown in Figure I. Additional wells may be added at the discretion of SVR. 2. Water levels will be measured and recorded from the top of each well casing per the following schedule: a. Once every 3 months for wells that are not in use. b. Once a month for wells that are being used. c. Twice every month if water levels indicate a decline of more than 10 percent of the saturated depth over a 3 -month period until water levels stabilize and a satisfactory explanation of the decline is determined. 3. Data will be recorded on a data sheet similar to Table 1. All data will be sent to the Basalt Water Conservancy District (BWCD) annually or upon request. Data shall also be available to the public. 4. Well diversions will be monitored by recording totalizing flow meter readings at the time water levels are measured for all wells in Table 1 equipped with a flow meter. Well diversion data shall be made available to the Division Engineer each November or upon request. • • • TABLE 1 Wells To Be Monitored by Spring Valley Ranch Well Name permit No., Receipt No. Date Drilled Well Depth Static Water_ Saturated Thickness SVR 1 28959E Nov -79 305 18.8 286.2 SVR 352185 Jan -78 80 38.8 41.2 SVH 6 Rec. No. 95029098 Jan -00 400 5.4 394 .6 SVR 17 66297 NA NA NA NA SVR 18 Rec. No. 9502909C NA NA _ NA NA SVR 19 Rec. No. 9502909D NA NA NA NA SVR 20 Rec. No. 9502909E Dec -98 223 105 118 ASR 16 Rec. No. 9502909F Dec -02 260 23 237 Monitoring Hole Rec. No. 9502909A NA NA NA NA Gamba 1A MH 36760 Aug -99 221 105 116 SVH 10 56722F Jul -98 400 91 309 ASR 13 66298 Dec -98 200 136.8 63.2 ASR 14 66299 Dec -98 180 134.3 45.7 Notes: 1) Table 1 of Exhibit 3 - Spring Valley Ranch Groundwater Monitoring Plan 2) Reference Figure 1 - Spring Valley Ranch Weil Locations for the locations of wells listed above. Des. By. JAW E:1Projects\WWE1931-0041040jaw Clod By' WILL %Water Monitoring\Well_Data Sheet.xls Wright Water Engineers, Inc. 10(8107 ,• • ••• '-:'; • ; • • k•- -4: • / - • • • - • " .„4 - •••°7',', • ; 4) r I. -„••••':":! • ) • ; • 14, ‘r•;• 7,,2, J 111 • • 7. , .• • i',/ r. •.:1, :... r 1 ' r• ' _ - . . .A ) ,L :.....)," .•.] - -7-4- -- , , 1; : I , ,- • i - - - ---.• -.4,..,..,...- I' --'---' - • • • ; - ' • -- • . • ' --/ite-7...7.-L - • -- • '• , • ' • , ••• Ch. I 1 . I • 1:-.41t. 1 .... --", , „. „ . _ . . . , _ . .:•• ? I rr - . ....,:-:.-;?.•..4 . , 1,..1-7—...- - .-Y.';') :7 ',.' -.:„—,i;-..,---.=,.7..../..' ' ,•- ',.,,' •• , i; .', I: ... •., Z;--...-- 0 t4.'• --,.",,-L',' ..,y.L,,,, ."- • '''.;,,,, = -_, . , . ,«. •c.„ ti, , ii") s$.1;' 1 = ",-, — l"' S-,--•* • '; - 7.--',"•'..-:' 4-e.:,"" . i ce , .7 > { ,_ Lo - - I 0' • ,..- • - • - a 4: ; • • • . . • Ai --—„:-=-1.1 •-1--- • -.:;•• ' sr I - -•• 4 a E m c7 ASR 16 Tr re un u7 Q SVR 20 r > 1!1 SVR 18 SVR 17 Monitoring Hole z I CK > 1 i r > 0 _m 3 m Meter Readin Daplb to Weter Meter Reading m e m E R N y 15 o m 2- m ` o,x r n¢i r-� N `m n r' Rei &` c s o K C z Na. W y 84TJ a. x E4.-.• U N m m o r6 y m ,15 o E. a., cn cc 435 v m o 2 e x '1 Depin to Water Meter Readtn Depth to Wafer Meter Reacting Initials of Person Performing Measurement m a 1 0 0 m 0 m a � 0 0 C L• e, U 4 C {q • ° > O mq� ▪ E L7 > Q C C C E N • W fl E T. N 3 LL p O 4,r w O 0 m' C 71 t N Wright Hirer Engineers, Inc • • • m RS 9 C --s iVright Water Engineers Inc C I c L1: o in 4 r O LSD N cV (J) lanai ia1 M a C7 Lt 1 0 • • 0 0 0 0 0 0 c.f v co co 0 1— (4) ( ) siann Ja3e,, CO 9 0 c [D C C cs3 c CO CCI Wright Water Engineers Inc. r c o s C ii r • BACKGROUND EXHIBIT 3 Spring Valley Ranch P.U.D. Groundwater Monitoring Plan The Spring Valley Ranch P.U.Q. (SVR) water supply will, in part, rely upon the use of groundwater diversions from aquifers underlying the development. Other water users share some of these aquifers. It is important to SVR and these other users that the water level in these aquifers be monitored to determine long-term aquifer level trends. MONITORING PLAN 1. Wells to be monitored by SVR are listed in Table 1 and shown in Figure 1. Additional wells may be added at the discretion of SVR. 2. Water levels will be measured and recorded from the top of each well casing per the following schedule: a. Once every 3 months for wells that are not in use. b. Once a month for wells that are being used. c. Twice every month if water levels indicate a decline of more than 10 percent of the saturated depth over a 3 -month period until water levels stabilize and a satisfactory explanation of the decline is determined. 3. Data will be recorded on a data sheet similar to Table 1. All data will be sent to the Basalt Water Conservancy District (BWCD) annually or upon request. Data shall also be available to the public. 4. Well diversions will be monitored by recording totalizing flow meter readings at the time water levels are measured for all wells in Table l equipped with a flow meter. Well diversion data shall be made available to the Division Engineer each November or upon request. • • TABLE 1 Wells To Be Monitored by Spring Valley Ranch Well Name Permit No., Receipt No. Date Drilled Well Depth Static Water _ Saturated Thickness SVR 1 28959F Nov -79 305 18.8 286.2 SVR 3 52185 Jan -78 80 38.8 41.2 SVH 6 Rec. No. 9502909B Jan -00 400 5.4 394.6 SVR 17 66297 NA NA NA NA SVR 18 Rec. No. 9502909C NA NA NA NA SVR 19 Rec. No. 95029090 NA NA NA NA SVR 20 Rec. No. 9502909E Dec -98 223 105 118 ASR 16 Rec. No. 9502909F Dec -02 260 23 237 Monitoring Hole Rec. No. 9502909A NA NA NA NA Gamba 1A MH 36760 Aug -99 221 105 "16 SVH 10 56722F Jul -98 400 91 309 ASR 13 66298 Dec -98 200 136.8 63.2 ASR 14 66299 Dec -98 180 134.3 45.7 Notes: 1) Table 1 of Exhibit 3 - Spring Valley Ranch Groundwater Monitoring Plan 2) Reference Figure 1 - Spring Valley Ranch Well Locations for the locations of wells listed above. E:\Projects\W W E\ 931-004\040jaw \Water MonitoringlWell_Data_Sheet.xls Wright Water Engineers, Inc. Des.By: JAW Ckd.By: WLL 10/8/07 • 1. I 71,1 i .;•1 1. ) 1\4- 3." - - - - • • _ • - , ! • 1:;‘,2. ,• " (P'•-• •••• • ° ote:„.„• .•/„. ; t:rit •°-. 11/:///-2 „; f. !f ;1,,e , • f ) : ) Z)•3- r • 7 : „., • '—' '''''N . - '-- :r‘1!".‘. \ . . ,:,I,,-' - .. ......_: ' - - - , 1- -1---N. -` , . N.. ?"'"--) ' •.'. 1 '..1. 1.- ,•, --,;.... , ..: ; . ' ,..' 4.4 '7• .-1.;• }4i. . CC,(.: -'.. 14.'.1 .•-7 ,- -:/. "--,• -' '- .- •-••• 4 -'"-,-„-.. _ 4 •7 .,- 2-,i.::.‘-,: -,.. .J.„.,. • .., •- ..•_-•';', .K-.--' --" ' 7', :7.-'- .?,:-% , . -• •---'."'•---:'.,='--....:-,.:.l>i',• I.' ,, ' /../ ' ' 4 , ...— ••.-'f...•, , .•'• ;:'.'-..• . • • I ' ' ' --. :' - ' !.ill /...' /o *: 7 :.•.'-':;.LV: ',..••••- , , 7: ' _ • ...;!I ... . if --:-.:-: -'i'r .1'. ' / , °7°,..(:;°„:4- .....:-. ' ..`..-.•-•-::-.-..j':..-., ; -. ;.„../ •Nr..-: 2. .',-..11, 4-1 • 2 ,- - , ,. .;. ,•„„ . _ ,,i , -t I'le:712. - ' ' ' -.-- ' . ... ,.. ; ..„6,,, , - .... ,. - ,..... er-°,,,,,,-;,.• '-' - - , r.r.;°' '°...; • ' °'.. .' 7,I 1 r \ .-''',.....,:a."2 • • , • — ) -.:,.-.:4,..-•,-, 1 fr'• 2 . ,- '''-.''''' '°': '. ,'„,,#''• ....:, • , 1 1•'. % \ • -- + i;. /. (0, , ' -„.°'-f- 7--1 •,...., ,,,•,i , i....- . • , '= °°, °°)°,'' 11:f.v-.. - . • ." r ..-.- • . l'LH,11...-),,_ , -It .., -xl.,•-).....rt, (,..... ;... i. - . .7- ; ;'-''f 2 .4 'Y i - °. ' ': • "°•'--L.' : '.'. A'aiNV : '• ::.- ii))). - • 1L1m Ce .0 I • • ; ‘-‘• • ) • ; • 1. - ! t) , k (7 ASR 16 I ASR 14 [ ASR 13 SVR 20 04 > e >as 1 SVR 17 c /X 2 \ cr) k « , , i 2 Well Data d) — \\\!\!z!!!\! Depth to Water- Meter aterMeter Reading . k{{g.5]1 /1/.61 6. Depth to Water Meter Reading !Meter Reading }))})$k! jtk}\� !!!k\!ƒ! n I. Initials of Person Performing Measurement cua ions of wells listed ) j Wright Weter Engineers, Inc. c0 CD ca 0 0 C Co CNI Wright Water Engineers Inc 12X 0, +r O U1 = 6 al s y O Lf7 O 0 (4) lanai J WM Q '-fl (2000 - Present 1 ■ 1 4) 4) 4) 4) .y 4) O O o 0 0 (o 00 �7 N (14) sjanal Ja}eM �f) 0 0 (,) 0 v3 N 0 co m C3 Des By JAW Wright Water Engineers Inc. • Exhibit K • COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES lioti1313 SHERMAN ST., RM 818, DENVER CO 80203 phone - info: (303) 366-3587 main: (303) 866-3581 Fax 1303) 866-3589 http:+`iwww w iter state co us ©NITORING/OBSERVATION Water Well Permit Application Review instructions an reverse side prior to completing form. The form must be completed in black or blue ink or typed. Office Use Only Form GWS -46 (06/2006) 1. Well Owner Information "r.ir•e _? Nell .wrer Spring Valley lloldings. 1.1.0 I ('alitbrnia Street, Suite 2250 State Lip cede San Francisco CA 9411 Tt•lepfione # E•Mail lComai} (415)568-9500 6. Use Of Weil Use of this well is limited to monitoring water levels and/or water quality sampling 7. Well Data (proposed) r -t 11 depth 350 feet AellidOr Spring V,Illcr Aquifer 2. Type Of Application (check applicable boxes) 0 Use existing well 0 Replacement for existing monitoring well: Construct new well Permit no.: 0 Other: 3. Refer To (if applicable) Mon9cring hole acknowledgment MH - Well name or # 4. Location Of Proposed Well '7unty rfzeld NW tl4 of the SE Section Township N or 5 Range E or W Principal Meridian 29 6 88 6th Dislance of well from section Imes (section lines are typically not property lines) 1.9 1570 Ft. from 0 N ►4 S 1900 Ft. from E ❑ W For replacement wells only -distance and direction from old well to new well feet Well Iocatien address {include CO. State. Lip) . Check if weft address is same asltern 1 direction Optional: GPS well location information in. UTM format You must check GPS unit for required settings as follows: Format must be UTM o Zone 12 or 0 Zone 13 lint's must be Meters Datum must be NADA3 irnI must be -el Yr true rerrth GPS +ind obncffd for .:rGry?" vi 8. Consultant Information (if applicable) Name of ccntact person William L. Loral', P.E. Company name Wright Water Engineers. Inc. Mailing address PO Box 219 Gay Glenwood Springs Telephone # (970) 945-7755 State CO Zip Code 81602 9. Proposed Well Driller License {optional): 10. Signature Of Well Owner, Consultant Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Sign here (Must be original s+gnalure) rx Print name ' tale Jc- t r r. s- S r C;(/(j( Z t/G-1- (e4;41 t%4- I- Easting Northing Remember to set Datum to NAD83 5. Property Owner Information Mame raf property r/Amer Spring Valley Holdings. LLC Ma i h nq .-WJress alilbrnia Street, Sttitc 2250 111/ San Francisco 796-p hon. fr (415) 568.9500 Office Use Only USGS map name DWR moo na. Surface ele+r Receipt area only fs l`, `rift] EA Pett COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 Fax: (303) 866-3589 http:/Iwww.water.state.co.us IDNITQRINGI ]BSERVATION Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. Office Use Only Farm GWS -46 (06/2006) 1. Well Owner Information Vame ct well owner Spring Valley Holdings, LLC Marling address 1 California Street, State 2250 city Stale San Francisco Telephone # (415)568-9500 Zip code CA 9411I E -Mad IOptionalj 6. Use Of Well Use of this well is limited to monitoring water levels and/or water quality sampling 7. Well Data (proposed) Total depth 350 Feet Aquiler Spring Valley Aquifer 2. Type Of Application (check applicable boxes) 0 Use existing well 0 Replacement for existing monitoring well: wt Construct new well Permit no.: Other: 3. Refer To (if applicable Monitoring hole acknowledgment MH - Weil name or # 4. Location Of Proposed Well ...- ....._.... Courtly •rfield NW lid of the SE Section Township N or 5 Range E or W Principal Meridian 29 6 88 6th Distance of well from section lines (section lines are typically not property lines) tr4 1570 Ft. from ❑ N ®S 1900 Ft. from t: E ❑ W For replacement wells only - distance and direction from old well to new well feet direction Well location address {Include City. State, Zip) nCheckdwell address is same asltem 1 Optional: GPS well location information in UTM format You must check GPS unit for required settings as follows: Format must be UTM i J Zone 12 or Q Zone 13 1Jmts want be Meters Datum must be NAD83 Unit meal be Set to true Werth Was GPS unit checked for above" 0 YES 8. Consultant Information (if applicable) Name of contact person William L. Lorah, P.E. Company name Wright Water Engineers. Inc. Mailing address PO Box 219 ........_ _ ............ city Glenwood Springs CO 81602 Telephone # (970) 945-7755 State Zip Code 9. Proposed Well Driller License #(optional): 10. Signature Of Well Owner, Consultant Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C,R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge_ Sign here (Must be original 5rgn Flu e, Date S 1/t 12-t/10.7-* Print name & title les- 411-- Easting Northing Remember to set Datum to NAD83 L1I Property Owner Information me nl properly owner ring Valley Holdings, LLC iling address California Street, Suite 2250 Stale San Francisco CA Telephone # (415)568-9500 Zip Cone 94111 Office Use Only USGS map name DWR map no Surface elev Receipt area only DIV WD __. BA MD