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HomeMy WebLinkAboutEx 02 - Proof of OwnershipExhibit 2 I Proof of Ownership Documentation Lake Springs Ranch Filing 2 Final Plat Application April 2018 /F Fiecordod at �,�_— n ..:��+, }� ' i SEP Pflq RsoeptIon No._445 y C.1_ ! • :. C rCO,^,DER Br.f. 763 F.E. 9i SEP 15 1589 State Documentary Fee $ i7.p0 WARRANTY DEED KANE ENTERPRISES, a general partnership, whose address is P. O. Box 729, Bartlesville, OK 74005, for the consideration of One Hundred Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to MICHAEL E. BERKELEY and MIRIAM M. BERKELEY, as joint tenants, whose address is 1695 Silverking Drive, Aspen, CO 81611, the following real property in the County of Garfield, State of Colorado, to wit: Township 6 South. Range 88 West 6th P.M. Section 32: Lots 5 and 6 Section 33: Lots 7 through 17 inclusive, Lots 20 through 23 inclusive, and NE?SE's Section 34: SW4SWk Township 7 South. Range 88 West 6th P.M. Section 4: Lots 2, 3 and 9 EXCEPTING therefrom the above those portions conveyed to the Board of County Commissioners of Garfield County for road purposes by documents recorded June 3, 1929 in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No. 104498, with all its appurtenances and warrants title to the same, subject to reservations, easements, rights of way, and restrictions of record or of use, including, but not limited to, the following: The effect of ,inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area; All existing roads, highways, ditches, utilities, canals, pipelines, powerlines, telephone lines, water lines, and rights of way and easements therefor established and/or existing, as same may cross subject property; Reservations as contained in the United States Patent recorded in Book 12 at Page 376, Book 12 at Page 378, Book 263 at Page 239, Book 263 at Page 289, and Book 459 at Page 525 of the Garfield County records; Terms, conditions and effects of instruments recorded in Book 2 at Page 11 and Book 2 at Page 86 of the Garfield County records; County Zoning Resolution No. 79-64 recorded in Book 530 at Page 93 of the Garfield County records; General taxes for 1989, due and payable in 1990. SIGNED this 26'1-4, day of Cu.,A,q F , 1989. 4 KANE ENTERPRISES C By: i (( 1.L,11 Henry . Kane General Partner STATE OF OKLAHOMA COUNTY OF ti-21-1-k-1247--- SS. i-2°a `7 - ss. 87'r 763 pau 92 ..i/The foregoing Warranty Deed was acknowledged before me this ;S day of (1c4C,„ , 1989, by Henry F. Kane as General Partner of Kane Enterprises, a general partnership. Witness my hand and official seal. Notary Piiiilic my coiamitsion expires: 71 7� / r RECORDED I/2} O'CLDCKf% M. REC + 482134 RO,;XO899:�erc 19 APR 2 2 1994 APR 221994 MILORED ALSDORF, GARFIELD COUNTY CLERK GARFi[Ip SPECIAL WARRANTY DEED State Doc. Fee g �.e1L Michael E. Berkeley and Miriam M. Berkeley, Grantors, for consideration of Ten v Dollars and other good and valuable consideration, in hand paid, hereby sell and convey to The Berkeley Family Limited Partnership, a Colorado limited partnership, Grantee, whose legal address is 3961 County Road 114, Glenwood Springs, CO 81601, the following real property in the County of Garfield and State of Colorado, to -wit: Township 6 South. Range 88 West of the 6th P M Section 32: Lots 5 and 6 Section 33: Lots 7 through 17 inclusive, Lot 20 through 23, inclusive, and NE'/.SE'% Section 34: SWIASW''% Township 7 South. Range 88 West of the 6111 P.M. Section 4: Lots 2, 3, and 9 EXCEPTING Therefrom that parcel of land described on Deed recorded as Reception No. 419600 in Book 795 at Page 72 of the Garfield County records. AND EXCEPTING therefrom the above, those portions conveyed to the Board of County Commissioners of Garfield County for road purposes by documents recorded June 3, 1929, in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No. 104498. with all its appurtenances, and warrant the title to the same against all persons claiming under the Grantors. SIGNED this 15th day of April , 1994. Michael E. 13e"rkeley STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. Miriam M. Berkeley The foregoing instrument was acknowledged before me this 15th day of April , 1994 by Michael E. Berkeley and Miriam M. Berkeley. WITNESS my hand and official seal. My commission expires: 9/13/94 Notary Public _ Barbara C. Keller -I- 1111Iii?i11:hliVJllMli IYII OFRIli4 hile1,11ti51,+l 1rH1,1I(» 11111 Receptiond: 778209 11/24/2009 12.36 32 PM Jean Alber{co I of 2 Rec Fee $16.00 Doc Fee 0.00 GARFIELD COLtIIY CO SPECIAL WARRANTY DEED Miriam M. Berkeley and Michael E. Berkeley, Grantors, for good and valuable consideration, in hand paid, hereby sell and convey to The Berkeley Family LLLP, a Colorado limited liability limited partnership, Grantee, whose legal address is 4001 County Road 114, Glenwood Springs, Colorado 81601, the following real property in the County of Garfield and State of Colorado, to wit: That parcel of land described on Exhibit "A" attached hereto and incorporated herein by this reference, with all its appurtenances, and warrant the title to the same against all persons claiming under the Grantors. NO DOCUMENTARY FEE REQUIRED: Consideration less than $500.00. SIGNED this /3 day of 1Vr) Ury City- 2009. STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 13 'day of 4Q,tu ntA. , 2009, by Miriam M. Berkeley and Michael E. Berkeley. Miriam M. Berkeley SS. Michael E. erkeley WITNESS my hand and official seal. My commission expires: l Z—t i- lZ (i u12 - Public e+,.bbit :rsno•74 After recording return to: Dan Kerst, P.C. 823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601 kI 2 1111 ?sMirtirici Nsli+r.«,1:tiNc':Welilf ui 1!JIi ReceAtionft: 778209 11/24/2009 12 36:32 PM Jean 9lberico 2 of 2 Rec fee $16 0D Doc Fee. 0 CO GARFIELD COUNTY CO EXHIBIT "A" COUNTY OF GARFIELD STATE OF COLORADO A parcel of land situated in Section 33, Township 6 South, Range 88 West of the Sixth Principal Meridian, and Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at the South 1/4 corner of said Section 33; thence S 68°50'25" E 222.96 feet; thence N 72°30'00" E 300.00 feet; thence N 35°00'00" E 500.00 feet; thence S 17°30'00" E 1850.00 feet to the southeast corner of the NW1/4NE1/4 of said Section 4; thence N 89°49'27" W along the south line of said NW1/4NE1/4 1330.86 feet to the southwest corner of said NW1/4NE1/4; thence N 00°16'06" W along the west line of said NW1/4NE1/4 1341.00 feet to the South 1/4 corner of said Section 33, the point of beginning; Said parcel contains 36.20 acres, more or less. This Deed is given to correct the unintended omission of the above-described parcel of land from the Grantors' Deed to the Grantee recorded in Book 899 at Page 796 as Reception No. 462134 in the records of the Clerk and Recorder of Garfield County, Colorado. EXHIBIT "A" Page 1 of 1 11111 FA 1N"! 11111 111 /24n/2009 112:36 i2l0 PM Jean nlber tco I of 2 Rec Fee $11 00 Doc Fee 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED Miriam M. Berkeley, Grantor, for good and valuable consideration, in hand paid, hereby sells and conveys to The Berkeley Family LLLP, a Colorado limited liability limited partnership, Grantee, whose legal address is 4001 County Road 114, Glenwood Springs, Colorado 81601, the following real property in the County of Garfield and State of Colorado, to wit: A PARCEL OF LAND SITUATED IN SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 33 WHENCE THE EAST 1/4 CORNER OF SAID SECTION 33 BEARS S88°25'59"E (DEED EQUALS 888°28'37"E) 565.00 FEET: THENCE S43°02'38"W (DEED EQUALS S43°00'00"W) 780.00 FEET; THENCE S48°02'38"W (DEED EQUALS S48°00'00"W) 330.00 FEET; THENCE S40°02'38"W (DEED EQUALS S40°00'00"W) 160.00 FEET; THENCE S44°02'38"W (DEED EQUALS S44°00'00"W) 104.80 FEET; THENCE N88°25'59"W (DEED EQUALS N88°28'37"W) 1078.78 FEET; THENCE N01 °34'01 "E (DEED EQUALS N01 °31'23"E) 1014.20 FEET TO A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 33; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 33 S88°25'59"E (DEED EQUALS S88°28'37"E) 2005.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 35.999 ACRES, MORE OR LESS, also known as 4001 County Road 114, Glenwood Springs, Colorado 81601; with all its appurtenances, and warrants the title to the same against all persons claiming under the Grantor. NO DOCUMENTARY FEE REQUIRED: Consideration less than $500.00. SIGNED this day of Ave,v, h CN , 2009. 0wzw4v.Ps91 y, /714 Miriamm M. Berkeley After recording return to: Dan Kerst. P.C. 823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601 uIII Fi111:ANILhh��h4ltl�h:lilti In'4'�1+{I�+iIINI! �I III Reception 0: 778210 II/2412009 12:35 32 PM Jean Albarico 2 of 2 Rep Gee $11 00 000 Fee.O 00 GARFIELD COU!TY CO STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Th s foregoing instrument was acknowledged i�ts�r4nw.2�� , 2009, by Miriam M. Berkeley. WITNESS my hand and official seal. My commission expires: I z-- —12— before me this 1 ' day of Notary Pu is After recording return to: Dan Kerst, P.C. 823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601 IIIWriliaIrMlidittr.l ISMVIl4.lit1 11111 Receptiontt: 828747 12/19/2012 02:41:22 PM Jean Plberico 1 of 12 Rec Fee:$66.00 Doc Fee:0.00 GPRFIELD COUNTY CO TO: Garfield County Clerk and Recorder FROM: The Berkeley Family Limited Partnership ("Berkeley") Colorado Mountain Junior College District ("CMC") RE: Boundary Line Adjustment Following the Garfield County Boundary Line Adjustment Procedure, this is a letter of explanation describing in simple terms the requested boundary line adjustment. Berkeley and CMC entered into a Contract in 2002 whereby the parties agreed to exchange the properties described herein for equal value. Berkeley and CMC will be adjusting the boundary between the two parcels as described on the exhibits to the Boundary Line Adjustment Affidavit. Attached to this letter, and recorded in the Garfield County Clerk and Recorder's office, is an Affidavit signed by Berkeley and CMC creating the boundary line adjustment and Exhibits A, B and C to the Affidavit. Recorded concurrently with the Affidavit are two quit claim deeds conveying the properties to the other party. Very truly yours, The Berkeley Family Limited Partnership Colorado Mountain Junior College District By: en ilei Its: IPtes16 tii h NTYCEFit i,i Wr fiw IN 11111 Receptiont: 828747 12/19/2012 02:41:22 PM Jean Rlberico 2 of 12 Rea Fee:$66.00 Doo Fee:0.00 GPRFIELO COUNTY CO BOUNDARY LINE ADJUSTMENT AFFIDAVIT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit "A" which is attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our parcels and have attached in Exhibit B the "metes and bounds" description of the area being adjusted and in Exhibit C the new legal descriptions of our parcels after the adjustment has been made. We sign this Affidavit in accordance with the Garfield County Unified Land Use Resolution of 2008, as amended. 3. We hereby represent that no new parcels or lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing parcels. 4. We hereby represent that none of the parcels involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel involved. 6. We hereby represent that the boundary line adjustment being made will not result in any of the parcels involved being Tess than the minimum lot size in their applicable zone district allowed as a result of the boundary line adjustment or create any non- conforming setbacks for any existing structures. 7. We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT'�,^ DONE this �0 day of c k(.btr , 2012. The Berkeley Family Limited Partnership Colorado Mountain Junior College District 1 1111 ILIA 1'' i tip'' '1 ���i' L'r i i I:T11 � 1� IL -171,1 ' .II''l ®I III Reception#: 828747 12/19/2012 02:41:22 PM Jean Alberico 3 of 12 Reo Fee:$66.00 Doo Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing document was subscribed and sworn to before me in the County of ;r` +�+++i,naon�' , a Garfield, State of Colorado this Lb"- day of Asic+sf' 2012 by • N•• "•• ..... - ,� fn+z ..+ I$ar' ct zy as 0. b e.---- of The Berkeley Family Limited .',`.. ...�� • •. ‘' ' Partnership. a z' ®� p° i ix r 11 . ') .'� U �~ My commission Expires: P �v - ly Notary Public ''�V0� 1V� f-.‘-}, ?v •,�•s�•.,''••...••••...............0...... STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. The foregoing document was subscribed and sworn to before mein the County of field, State of Colorado this (p day of `/ _,;,,<< 012 fa,i, f €1.,,Iticstplas ae5cd of Colorado Mold stain Junior +Ileg _ Dist ' t. My commission Expires: 7 LI DEBBIE NOVAK NOTARY PUBLIC Ali E OF COLORADO e•.:<:x July 26, 2.0161 1111 iWd.10,1%'l,1161Wti Nhrli)i liNCIInt 110 NIA 11111 Recepllonil: 828747 12/19/2012 02:41:22 PM Jean Rlberioo 4 of 12 Reo Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Existing Property — Colorado Mountain Junior College District A tract or parcel of land in the NW 1/4SW 1/4 of Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the west line of Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, from which point the SW comer of said Section 34 bears S. 4°07E., a distance of 1,236.0 feet; 1. Thence N. 4°07' W., along the west line of said Section 34, a distance of 1,236.0 feet, to the west 1/4 corner of said Section 34; 2. Thence S. 89°57' E., along the north line of the NW 1/4SW 1/4 of said Section 34, a distance of 376.7 feet; 3. Thence S. 2°00' E., a distance of 1,230.4 feet, to the south line of the NW1 /4SW 1/4 of said Section 34; 4. Thence S. 89°30'30" W, along the south line of the NW1/4SWI/4 of said Section 34, a distance of 330.9 feet, more or less, to the Point of Beginning. County of Garfield State of Colorado Such property was conveyed to Colorado Mountain Junior College District by a Deed dated December 20, 1968 and Recorded July 15, 1969 at Reception No. 243857 in Book 403 at Page 243 and Deed dated February 5, 1969 and Recorded July 15, 1969 at Reception No. 243858 in Book 403 at Page 245. AND The N1/2SW1/4, SE1/4SW1/4, Section 34, Township 6 South, Range 88 West of the 6th Principal Meridian. County of Garfield State of Colorado Such property was conveyed to Colorado Mountain Junior College District by a Deed dated October 9, 1973 and Recorded April 21, 1977 at Reception No. 278031 in Book 495 at Page 687. Existing Property— The Berkeley Family Limited Partnership Township 6 South, Range 88 West of the 6" P.M. Section 32: Lots 5 and 6 Section 33: Lots 7 through 17 inclusive, Lot 20 through 23, inclusive and NE1/4SE1/4 Section 34: SW1/4SW1/4 VIII Fs 1%:),FD 511 1111?? 11111114 11111 Receptiontt: 828747 12/19/2012 02:41:22 PM Jean Rlberlco 5 o/ 12 Rec Fee:$66.00 Doc Fee:0.00 GRRFIELD COUNTY CO Township 7 South, Range 88 West of the 6ih P.M. Section 4: Lots 2, 3, and 9 EXCEPTING therefrom that parcel of land described to the Board of County Commissioners of Garfield County for road purposes by documents recorded June 3, 1929, in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No. 104498 County of Garfield State of Colorado Such property was conveyed to The Berkeley Family Limited Partnership by Special Warranty Deed dated April 15, 1994 and Recorded April 22, 1994 at Reception No. 462134 in Book 0899 at Page 796. 11111?". 4 I���JL��Nhd lr�� r i rw w�1u�E �,< 1I II I Receptionti: 828747 12/19/2012 02:41:22 PM Jean Rlberico 6 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B Colorado Mountain Junior College District to The Berkeley Fancily Limited Partnership Parcel A: A Parcel of land situated in the NW1/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993 found in place, the Point of Beginning; thence N 89°51'50" E along the Northerly Line of the NW1/4SW 1/4 Section 34 a distance of 201.90 feet; thence leaving said Northerly Line S 03°53'31" E a distance of 1233.02 feet, to a point on the Southerly Line of said NW1/4SW1/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56 feet, to S1/16 of Section 34 and 33, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of 1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less, said parcel to be merged with a tract of land presently identified by Deed Recorded July 15, 1969 at Reception No. 243857 in Book 403 at Page 243, by Deed Recorded July 15, 1969 at Reception No. 243858 in Book 403 at Page 245 and by Deed Recorded April 21, 1977 at Reception No. 278031 in Book 495 at Page 687in the records of the Clerk and Recorder of Garfield County. County of Garfield State of Colorado Parcel B: A Parcel of Land situated in the NE'/ Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the N1/4 corner of Section 4; thence S 45°03'03"E a distance of 1905.62 feet to the northeast sixteenth corner of said Section 4, also being the southeast corner of that property described in Reception No. 419600 in the Garfield County Clerk and Recorder's Office, the Point of Beginning; thence N00° 18'44"W along the westerly line of said Reception No. 419600 a distance of 514.40 feet to the northwest corner; thence S89°46'50"E along the northerly line of said Reception No. 419600 a distance of 285.66 feet to a point in an existing fence; thence leaving said northerly line S 10°53'01 "E along said existing fence a distance of 541.23; thence continuing along said existing fence N89°15"38"W a distance of 1728.64 feet to a point on the north -south centerline of said Section 4; thence leaving said existing fence N00°13'22"W along said north -south centerline a distance of 1.04 feet to a point on the northerly line of that property described 1111 AnPriirle), 'il Ll4l!lli,ki Nli'L V, 11111 Receptlonl: 828747 12/19/2012 02:41:22 PM Jean Alberico 7 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence leaving said north -south centerline S89°46'50"E along said northerly line a distance of 1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less, said parcel to be merged with a tract of land presently identified by Deed Recorded July 15, 1969 at Reception No. 243857 in Book 403 at Page 243, by. Deed Recorded July 15, 1969 at Reception No. 243858 in Book 403 at Page 245 and by Deed Recorded April 21, 1977 at Reception No. 278031 in Book 495 at Page 687in the records of the Clerk and Recorder of Garfield County. County of Garfield State of Colorado The Berkeley Family Limited Partnership to Colorado Mountain Junior College District A Parcel of land situated in the SWI/4S W 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 88°10'28" E along the Southerly Line of said Section 34 a distance of 984.24 feet, to the Point of Beginning; thence leavings said Southerly line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the S W 1/4S W 1 /4 of said Section 34; thence N 89°02'17" E along said Northerly Line a distance of 358.19 feet to Southwest Sixteenth Corner of said Section 34; thence 5 02°50'09" E a distance of 1215.09 feet to the West Sixteenth corner of said Section 34 and Section 3, Township 7 South, Range 88 West of the Sixth Principal Meridian; thence S 88°10'28" W along the Southerly Line of said Section 34 a distance of 358.06 feet, to the Point of Beginning; said Parcel containing 10.008 acres, more or less said parcel to be merged with a tract of land presently identified as Reception No. 518315, Book No. 1047, Page No. 914 in the records of the Clerk and Recorder of Garfield County. County of Garfield State of Colorado IWC P14,110,11t'I0I NIfS lhnll a R IT''.Ii Ila 11111 Recept iont: 828747 12/19/2012 02:41:22 PM Jean Alberico 8 of 12 Rec Fee:$66.00 Doc Fee:0.00 GPRFIELD COUNTY CO EXHIBIT C Resulting Legal Description — Colorado Mountain Junior College District A tract or parcel of land in the NW I/4SW 1/4 of Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the west line of Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, from which point the SW corner of said Section 34 bears S. 4°071E., a distance of 1,236.0 feet; 1. Thence N. 4°07' W., along the west line of said Section 34, a distance of 1,236.0 feet, to the west 1/4 corner of said Section 34; 2. Thence S. 89°57' E., along the north line of the NW 1/4SW 1/4 of said Section 34, a distance of 376.7 feet; 3. Thence S. 2°00' E., a distance of 1,230.4 feet, to the south line of the NW 1/4SW 1/4 of said Section 34; 4. Thence S. 89°30'30" W, along the south line of the NW 1/4SW 1/4 of said Section 34, a distance of 330.9 feet, more or less, to the Point of Beginning. County of Garfield State of Colorado AND The N1/2SW1/4, SE1/4SW1/4, Section 34, Township 6 South, Range 88 West of the 6th Principal Meridian. County of Garfield State of Colorado AND A Parcel of land situated in the S W 1/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 88°10'28" E along the Southerly Line of said Section 34 a distance of 984.24 feet, to the Point of Beginning; thence leavings said Southerly line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the S W 1 /4SW 1 /4 of said Section 34; thence N 89°02'17" E along said Northerly Line a distance of 358.19 feet to Southwest Sixteenth Corner of said Section 34; thence S 02°50'09" E a distance of 1215.09 feet to the West Sixteenth corner of said Section 34 and Section 3, Township 7 South, Range 88 West of the Sixth Principal Meridian; thence S 88°10'28" W along the Southerly Line of said Section 34 a distance of 358.06 feet, to the Point of Begimiing; said Parcel containing 10.008 acres, more or less. 1111 N�� PL4,110,111.MICSKIO N t R KIM INN 11111 Recepflonp: 828747 12/19/2012 02:41:22 PM Jean Rlberico 9 of 12 Reo Fee:$66.00 Doc Fee:0.00 GRRFIELD COUNTY CO County of Garfield State of Colorado AND EXCEPTING THEREFROM Parcel A: A Parcel of land situated in the NW1/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993 found in place, the Point of Beginning; thence N 89°51'50" E along the Northerly Line of the NW1/4SW 1/4 Section 34 a distance of 201.90 feet; thence leaving said Northerly Line S 03°53'31" E a distance of 1233.02 feet, to a point on the Southerly Line of said NW1/4SW1/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56 feet, to S1/16 of Section 34 and 33, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of 1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less. County of Garfield State of Colorado Parcel B: A Parcel of Land situated in the NE'/ Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the NI/4 corner of Section 4; thence S 45°03'03"E a distance of 1905.62 feet to the northeast sixteenth corner of said Section 4, also being the southeast corner of that property described in Reception No. 419600 in the Garfield County Clerk and Recorder's Office, the Point of Beginning; thence N00° 18'44"W along the westerly line of said Reception No. 419600 a distance of 514.40 feet to the northwest corner; thence S89°46'50"E along the northerly line of said Reception No. 419600 a distance of 285.66 feet to a point in an existing fence; thence leaving said northerly line S 10°53'01"E along said existing fence a distance of 541.23; thence continuing along said existing fence N89°15"38"W a distance of 1728.64 feet to a point on the north -south centerline of said Section 4; thence leaving said existing fence N00°13'22"W along said north -south centerline a distance of 1.04 feet to a point on the northerly line of that property described in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence leaving said north -south centerline S89°46'S0"E along said northerly line a distance of 1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less. County of Garfield III Ar inVe'hdterrifilaVatall'«4ti"I gRilil Int Reoeptionll: 828747 12/19/2012 02:41:22 PM Jean Plberlco 10 of 12 Rec Fee:$66.00 Don Fee:0.00 GRRFIELD COUNTY CO State of Colorado Resulting Legal Description — The Berkeley Family Limited Partnership A Parcel of land situated in govermnent Lots 5 and 6, Section 32, Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23 and the NE1/4SE1/4 of Section 33, SW1/4SW1/4 and the NW 1/4SW 1/4 of Section 34 all in Township 6 South, Range 88 West of the 6th Principal Meridian, and also Lots 1, 2, 3 and 9 of Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the South Quarter Comer of said Section 33, A 2-1/2" brass cap L.S. No. 5933 found in place, the point of beginning; thence N. 89°40'02" W. along the sourtherly boundary of said Section 33 a distance of 2502.71 feet to the southwest corner of said Gov't Lot 20, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence N. 01°58'08" E. along the westerly boundary of said Gov't Lot 20 AND 17 a distance of 2,064.02 feet to the northwest corner of said Gov't Lot 17, a 3-1/4" aluminum cap 19598 found in place; thence N. 87°10'45" W. along the southerly boundary of said Gov't Lot 9 AND 6 a distance of 1382.36 feet to the southwest corner of said Gov't Lot 6; thence N. 01 °43'36" E. along the westerly boundary of said Gov't Lot 6 AND 5 a distance of 1290.42 feet to the northwest corner of said Gov't Lot 5 (whence a witness corner to the northwest corner of said Lot 5 bears N. 01°43'36" E. a distance of 29.83 feet); thence S. 89°05'51" E. along the northerly boundary of said Lot 5, a distance of 1166.84 feet to the northeast corner of said Lot 5, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence S. 89°12'41" E. along the northerly boundary of said Gov't Lot 8 AND 7 a distance of 1529.49 to the northeast corner of said Lot, a 2-1/2" Garfield County Surveyor aluminum cap found in place; thence S. 01°58'10" W. along the easterly boundary of said Lot 7 a distance of 838.23 feet to the southeast corner of said Lot 7, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence S. 88°25'59" E. along the northerly boundary of said Gov't Lot 11 a distance of 1113.33 feet to the center quarter corner of said Section 33, a 3-1/4" Garfield County Surveyor aluminum cap found in place; thence S. 88°25'59" E. along the northerly boundary of said Gov't Lot 12 a distance of 1255.38 feet to the center -east sixteenth corner of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence S. 88°25'59" E. along the northerly boundary of the NE1/4SEI/4 of said Section 33 a distance of 1255.38 feet to the east quarter corner of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence N. 89°59'25" E. along the northerly boundary of the NW I/4SW 1/4 of said Section 34 a distance of 201.90 feet; thence leaving said northerly boundary S. 03°45'23" E. a distance of 1233.01 feet to a point on the southerly boundary of said NWI/4SW1/4; thence N. 89°02'47" E. along said southerly boundary a distance of 807.09 feet; thence leaving said southerly boundary S. 02°50'09" E. a distance of 1220.54 feet to a point on the southerly boundary of the S W/I4S W1/4 of said Section 34; thence S. 88°10'28" W. along said southerly boundary a distance of 984. 24 feet to the southeast corner of Section 33, a 2" Bureau of Land Management aluminum cap found in place; thence; S. 16°39'59" W. a distance of 217.38 111111 IOW.6111 ) ! l,if V ii:M4 7141CAINVIIiii 11111 Receptiontt: 828747 12/19/2012 02:41:22 PM Jean Plberlco 11 of 12 Rec Fee:$66.00 Doc Fee:0.00 GPRFIELD COUNTY CO feet; thence S. 27°00'32" W. a distance of 277.20 feet; thence S. 48°11'02' W. a distance of 452.97 feet; thence N. 89°49'27" W. a distance of 293.51 feet; thence along the arc of a tangent curve to the right having a radius of 200.00 feet and central angle of 54°02'27", a distance of 188.64 feet (chord bears N. 62°47'31" W. a distance of 181.72 feet); thence N. 35°45'36" W. a distance of 8.96 feet; thence S. 57°47'34" W. a distance of 100.68 feet to a point in an existing fence; thence S. 10°53'01" E. along said fence a distance of 648.15 feet to an angle point in said fence; thence continuing along said fence N. 89°15'38" W. a distance of 1728.64 feet to a point in the westerly boundary of the S W 1/4NE1/4 of said Section 4; thence N. 00°13'22" W. along said westerly boundary a distance of 1342.18 feet to the point of beginning. AND INCLUDING Parcel A: A Parcel of land situated in the NW 1/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993 found in place, the Point of Beginning; thence N 89°51'50" E along the Northerly Line of the NW I/4SW 1/4 Section 34 a distance of 201.90 feet; thence leaving said Northerly Line S 03°53'31" E a distance of 1233.02 feet, to a point on the Southerly Line of said NW 1/4SW 1/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56 feet, to S1/16 of Section 34 and 33, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of 1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less. County of Garfield State of Colorado Parcel B: A Parcel of Land situated in the NE'/ Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the N1/4 corner of Section 4; thence S 45°03'03"E a distance of 1905.62 feet to the northeast sixteenth corner of said Section 4, also being the southeast corner of that property described in Reception No. 419600 in the Garfield County Clerk and Recorder's Office, the Point of Beginning; thence N00° 18'44"W along the westerly line of said Reception No. 419600 a distance of 514.40 feet to the northwest corner; thence S89°46'50"E along the northerly line of said Reception No. 419600 a distance of 285.66 feet to a point in an existing fence; thence leaving said northerly line S 10°53'01 "E along said existing fence a distance of 541.23; thence continuing along said existing fence N89° 15"38"W a distance of 1728.64 feet to a point on the north -south centerline of said 1111 IAIIGIhYJld4111T%CPidGMROAIE IAINfi Hli 11 11 1 Reception8: 828747 12/19/2012 02:41:22 PM Jean Rlberico 12 of 12 Rec Fee:$66.00 Doc Fee:0.00 GRRFIELD COUNTY CO Section 4; thence leaving said existing fence N00°13'22"W along said north -south centerline a distance of 1.04 feet to a point on the northerly line of that property described in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence leaving said north -south centerline S89°46'50"E along said northerly line a distance of 1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less. County of Garfield State of Colorado AND EXCEPTING THEREFROM A Parcel of land situated in the S W 1 /4S W 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 88°10'28" E along the Southerly Line of said Section 34 a distance of 984.24 feet, to the Point of Beginning; thence leavings said Southerly line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the S W 1 /4S W1/4 of said Section 34; thence N 89°02'17" E along said Northerly Line a distance of 358.19 feet to Southwest Sixteenth Corner of said Section 34; thence S 02°50'09" E a distance of 1215.09 feet to the West Sixteenth corner of said Section 34 and Section 3, Township 7 South, Range 88 West of the Sixth Principal Meridian; thence S 88°10'28" W along the Southerly Line of said Section 34 a distance of 358.06 feet, to the Point of Beginning; said Parcel containing 10.008 acres, more or less. County of Garfield State of Colorado ■III Pi'i11u1Jrl«`'IIHIVilhriliEN011111)51 1111VlAIIIIA [ 11111 Reception#: 828749 11 2 2 of 92Rec Fee:$16.00012 02:41:22 MDoc eFee:0.O0an 1Gni-WIELD COUNTY CO QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this 2 day of Ail sf' , 2012, between THE BERKELEY FAMILY LIMITED PARTNERSHIP of the County of Garfield and State of Colorado, Grantor, and COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT whose legal address is 4001 Road 114, Glenwood Springs, CO 81601, of the County of Garfield and State of Colorado, Grantee: WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, has remised, released, sold, conveyed, and QUITCLAIMED, and by these present does remise, release, sell, convey and QUITCLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: SEE EXHIBIT A ATTACHED HERETO also known by street number as: N/A TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or in equity, to the only proper use, benefit, and behoof of the Grantee, his heirs, successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. THE BERKELEY FAMILY LIMITED PARTNERSHIP Its: STATE OF COLORADO COUNTY OF GARFIELD ss. The foregoing instrument was acknowledged before me this ZS day of Avi , 2012, by M i Cha tl g eel el:ry as a 5 -e .f Family Limited Partnership. Witness my hand and official seal. My commission expires: 9-- 30 —1 j of The Berkeley Notary Public ���� `;isantyo� 111h 'J I?CAE NCIYIlrliVr li:I 1/2M101 IN°L 1111 Receptionlf: 828749 122 2 of g2012 02:41:22 Rec F e:$16 00NDoceFee:O 00i GPRFIELD COUNTY CO EXHIBIT A A Parcel of land situated in the SWI/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 88°10'28" E along the Southerly Line of said Section 34 a distance of 984.24 feet, to the Point of Beginning; thence leavings said Southerly line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the SWI/4SW1/4 of said Section 34; thence N 89°02'17" E along said Northerly Line a distance of 358.19 feet to a point on the Easterly Line of said SW 1/4S W I/4 Section 34; thence S 02°50'09" E along said Easterly Line a distance of 1215.09 feet to a point on the Southerly Line of said Section 34; thence S 88°10'28" W along said Southerly Line a distance of 358.6 feet, to the Point of Beginning; said Parcel containing 10.008 acres, more or Tess. County of Garfield State of Colorado Quit Claim Deet/ Page 2 When recorded, please return to: Beanie, Chadwick & Houpt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 ■111IMYri*PJ11MV'�M1RR1iI' I>i1 1t lTi:EtilrI',"/Jvi.1C'IY,1,i,,1114 [11II1 Reception#: 828748 12/19/2012 02:41:22 PM Jean Alberico 1 of 2 Reo Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this La day of Decerr.b er , 2012, between COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT, of the County of Garfield and State of Colorado, Grantor, and THE BERKELEY FAMILY LIMITED PARTNERSHIP whose legal address is 4001 County Road 114, Glenwood Springs, CO 81601, of the County of Garfield and State of Colorado, Grantee: WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, has remised, released, sold, conveyed, and QUITCLAIMED, and by these present does remise, release, sell, convey and QUITCLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: SEE EXHIBIT A ATTACHED HERETO also known by street number as: N/A TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or in equity, to the only proper use, benefit, and behoof of the Grantee, his heirs, successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT B w .. By: Its: GP/ecv� f STATE OF COLORADO SS. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this7 day of ,/ a.ta ar' , 2012, by 5 -MN /of/ C�-,,�(�<,,sept as �JI 5( tit.- of Colorado Mountain Junior College District. Witness my hand and official seal. My commission expires: 7-A7-1 IklYermeu ora NOVAY. NOTARY PUBLIC LII ACE OF COLORADO Exp!res: July 26, 2015 11111K Y: 1,111lA�{1,N1WrI+U�CTI1011 4710 Rill 11111 112/19R/2012 02:82824 PM Jean Rlberlco 2 of 2 Rec Fee:$16.00 Doc Fee:0.00 GRRFIELD COUNTY CO Parcel A: EXHIBIT A A Parcel of land situated in the N W 1/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993 found in place, the Point of Beginning; thence N 89°51'50" E along the Northerly Line of the N W 1 /4SW 1 /4 Section 34 a distance of 201.90 feet; thence leaving said Northerly Line S 03°53'31" E a distance of 1233.02 feet, to a point on the Southerly Line of said NW1/4SW1/4; thence along said Southerly Line S 8913'59" W a distance of 199.56 feet, to 81/16 of Section 34 and 33, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of 1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less. County of Garfield State of Colorado Parcel B: A Parcel of Land situated in the NE 1/4 Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the N1/4 corner of Section 4; thence S 45°03'03"E a distance of 1905.62 feet to the northeast sixteenth corner of said Section 4, also being the southeast corner of that property described in Reception No. 419600 in the Garfield County Clerk and Recorder's Office, the Point of BegimTing; thence N00°18'44"W along the westerly line of said Reception No. 419600 a distance of 514.40 feet to the northwest corner; thence S89°46'50"E along the northerly line of said Reception No. 419600 a distance of 285.66 feet to a point in an existing fence; thence leaving said northerly line S 10°53'01 "E along said existing fence a distance of 541.23; thence continuing along said existing fence N89° 15"38"W a distance of 1728.64 feet to a point on the north -south centerline of said Section 4; thence leaving said existing fence N00°13'22"W along said north -south centerline a distance of 1.04 feet to a point on the northerly line of that property described in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence leaving said north -south centerline S89°46'50"E along said northerly line a distance of 1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less. County of Garfield State of Colorado Quit Claim Deed Paget When recorded, please return to: Beattie, Chadwick & Hoapt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 1111 hY'I PJ} i/J4J415111, Pet lint/4141a0h40411I11111111 ' Receptiontt: 828750 12/19/2012 02:41:22 PM Jean alberico 1 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO TO: Garfield County Clerk and Recorder FROM: The Berkeley Family Limited Partnership ("Berkeley") J&S Nieslanik, LLLP ("Nieslanik") RE: Boundary Line Adjustment Following the Garfield County Boundary Line Adjustment Procedure, this is a letter of explanation describing in simple terms the requested boundary line adjustment. Berkeley and Nieslanik entered into a Contract in 2002 whereby the parties agreed to adjust the boundary line of their respective properties by a conveyance of approximately 17.809 acres from Nieslanik to Berkeley. Berkeley and Nieslanik will be adjusting the boundary between the two parcels as described on the exhibits to the Boundary Line Adjustment Affidavit. Attached to this letter, and recorded in the Garfield County Clerk and Recorder's office, is an Affidavit signed by Berkeley and Nieslanik creating the boundary line adjustment and Exhibits A, B and C to the Affidavit. Recorded concurrently with the Affidavit are two quit claim deeds conveying the properties to the other party. Very truly yours, The Berkeley Family Limited Partnership By: Its: i✓b,4 J&S Nieslanik, LLLP �, �, �✓ gid �Jy: James P. Nieslanik Its: General Partner 11111 iir VV+, 111 III Reception#: 828750 12/19/2012 02:41:22 PM Jean Rlberico 2 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO BOUNDARY LINE ADJUSTMENT AFFIDAVIT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit "A" which is attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our parcels and have attached in Exhibit B the "metes and bounds" description of the area being adjusted and in Exhibit C the new legal descriptions of our parcels after the adjustment has been made. We sign this Affidavit in accordance with the Garfield County Unified Land Use Resolution of 2008, as amended. 3. We hereby represent that no new parcels or lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing parcels. 4. We hereby represent that none of the parcels involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel involved. 6. We hereby represent that the boundary line adjustment being made will not result in any of the parcels involved being less than the minimum lot size in their applicable zone district allowed as a result of the boundary line adjustment or create any non- conforming setbacks for any existing structures. 7. We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this t`t ` day of IDeccr"b c , 2012. The Berkeley Family Limited Partnership J&S Nieslanik, LLLP BY: Its: ..0e.-57 4:41) AJ LIJames P. Nieslanik Its: General Partner 11111 linW ,�il+l��'!�Il�!ii I�til►I � «I�;����'I�' °[~ �►�I��lMll'' 11111 ' Reception#: 828750 12/19/2012 02:41:22 PM Jean Alberico 3 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado this Zf3-Nay of feast, 2012 by (rt; cha •e-‘ berY-el<y as A8 e.-3+ of The Berkeley Family Limited Partnership. •� 11 My commission Expires: �J u i S • R Notary Public STATE STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado this 14Th day of Mph 2012 by James P. Nieslanik as General Partner ofJ&S Nieslanik, LLLP. My commission Expires: 3./a. J5 2 Notary Public III WA FI ?iLLi4inf ill l4dl1146°GFili1'l'M1441i 11111 Reception!$: 828750 12/49/2012 02:41:22 PM Jean Alberto() 4 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Existing Property - J & S Nieslanik LLLP Horne Ranch Parcel: Township 6 South, Range 88 West, 6TH P.M. Section 35: NW1/4; N1/2SW1/4;SWI/4SW1/4; lying North of C.R. 115. Containing 23.87 acres. Section 34: NE1/4; E1/2SE1/4 Section 35: A tract in the SEI/4SW1/4 containing 5.65 acres, more or Tess, as more fully described in Book 930 at Page 490. Township 7 South, Range 88 West, 6TH P.M. Section 3: Lot 2 (40 acres); Lot 3 (40 acres); Lot 4 (40 Acres); SW1/4NE1/4; S1/2NW1/4 Section 4: Lot 1 (37.67 Acres) and a portion of SE1/4NE1/4 (15.81 Acres) which is described as lying East of the following line: Beginning at a point whence the NE Corner of Section 4 bears N33°20'30"E, 995.7 feet; thence S00°30'30"E, 1860.5 feet to the south line of the SE1/4NE1/4. LESS AND EXCEPTING a parcel of land situated in the NE1/4 of Section 4, T7S, R88W, 6th P.M. which is a parcel containing 17.861 acres and is described as a part of a lot boundary adjustment. Said legal description is attached and made a part of this legal description. The Home Ranch parcel is estimated to contain 856 acres, more or less, and is described on three different schedules including #0500167, #050191, and #111331. Mountain Parcel located in Garfield and Eagle County, Colorado Township 6 South, Range 87 West, 6TH P.M. Section 20: SE1/4SE1/4 Section 21: W1/2; SE1/4; S1/2NE1/4; NWI/4NE1/4 The schedule number for that portion of the property located in Garfield County is #050168 and the schedule number for that portion of this property located in Eagle County is #024160. This property contains 640 acres, more or less. IIINt+ 111,11/0,11) PrAtittiliVICIWIH+1.HIHI 11111 Reception#: 828750 12/19/2012 02:41:22 PM Jean Plberico 5 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO Such property was conveyed to J & S Neislanik LLLP by Special Warranty Deed dated December 24, 1997 and Recorded December 26, 1997 at Reception No. 518315 in Book 1047 at Page 914. Existing Property — The Berkeley Family Limited Partnership Township 6 South, Range 88 West of the 6th P.M. Section 32: Lots 5 and 6 Section 33: Lots 7 through 17 inclusive, Lot 20 through 23, inclusive and NE1/4SE1/4 Section 34: SW1/4SW1/4 Township 7 South, Range 88 West of the 6" P.M. Section 4: Lots 2, 3, and 9 EXCEPTING therefrom that parcel of land described to the Board of County Commissioners of Garfield County for road purposes by documents recorded June 3, 1929, in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No. 104498 Such property was conveyed to The Berkeley Family Limited Partnership by Special Warranty Deed dated April 15, 1994 and Recorded April 22, 1994 at Reception No. 462134 in Book 0899 at Page 796. sofirs P raiiktiilliilr 4CllNlCOMICUlii 11111 Receptionp: 828750 12119/2012 02:41:22 PM Jean Rlberico 6 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B J&S Nieslanik, LLLP to The Berkeley Fancily Limited Partnership A parcel of land situated in the NE1/4 of Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the northeast corner of said section 4, a BLM aluminum cap in place, the Point of Beginning; thence SI6°39'55"W 217.38 feet thence S27°00'32"W 277.20 feet; thence S48°1 1 '02"W 452.97 feet; thence N89°49'27"W 293.53 feet; thence along the arc of a curve to the right having a radius of 200.00 feet and a central angle of 54°02'08", a distance of 188.62 (chord bears N62°47'22"W 181.71 feet); thence N35°45'36"W 8.96 feet; thence along the arc of a non -tangent curve to the right having a radius of 330.00 feet and a central angle of 17°32'59", a distance of 101.08 feet (chord bears S57°47'34"W 100.68 feet); thence S10°53'01"E 106.92 feet; thence N89°46'50"W 285.66 feet to a point on the easterly boundary of that property described in Reception No. 462134 of the Garfield County Clerk and Recorder's Office; thence N00°18'44"W along said easterly boundary 336.70 feet; thence continuing along said easterly boundary N89°51'49"E 213.40 feet; thence continuing along said easterly boundary N00°16'49"W 489.84 feet to a point on the northerly boundary of said section 4; thence along said northerly boundary S89°49'20"E 1127.68 feet to the true point of beginning; said parcel containing 17.809 acres, more or less, said parcel to be merged with a tract of land presently identified as Reception No. 518315, Book No. 1047, Page No. 914 in the records of the Clerk and Recorder of Garfield County. County of Garfield State of Colorado 1111 i; Pi 11111 Recepf long: 828750 12/19/2012 02:41:22 PM Jean Plberico 7 or 9 Rec Fee:$51.00 Doc Fee:0.00 GPRFIELD COUNTY CO EXHIBIT C Resulting Legal Description — J&S Nieslanik, LLLP HOME RANCH PARCEL: TOWNSHIP 6 SOUTH, RANGE 88 WEST, 6111 P.M. Section 35: NW1/4; N1/2SW1/4; SW1/4SW1/4; lying North of C.R. 115. Containing 23.87 acres. Section 34: NE1/4; E1/2SE1/4 Section 35: A tract in the SE 1/4SW 1 /4 containing 5.65 acres, more or less, as more fully described in Book 930 at Page 490. TOWNSHIP 7 SOUTH, RANGE 88 WEST, 611 P.M. Section 3: Lot 2 (40 acres); Lot 3 (40 acres); Lot 4 (40 Acres); SW1/4NE1/4; S1/2NW1/4 Section 4: Lot 1 (37.67 Acres) and a portion of SE1/4NE1/4 (15.81 Acres) which is described as lying East of the following line: Beginning at a point whence the NE Corner of Section 4 bears N33°20'30"E, 995.7 feet; thence S00°30'30"E, 1860.5 feet to the south line of the SE1/4NE1/4. LESS AND EXCEPTING a parcel of land situated in the NE1/4 of Section 4, T7S, R88W, 6th P.M. which is a parcel containing 17.861 acres and is described as a part of a lot boundary adjustment. Said legal description is attached and made a part of this legal description. The Home Ranch parcel is estimated to contain 856 acres, more or less, and is described on three different schedules including #0500167, #050191, and #111331. MOUNTAIN PARCEL located in Garfield and Eagle County, Colorado TOWNSHIP 6 SOUTH, RANGE 87 WEST, 6TH P.M. Section 20: SEI/4SE1/4 Section 21: WI/2;SE1/4;S1/2NEI/4;NW1/4NE1/4 The schedule number for that portion of the property located in Garfield County is #050168 and the schedule number for that portion of this property located in Eagle County is #024160. This property contains 640 acres, more or less. 1111 EAP I iVI POLI?(GIi+iJFIDVlO'P4+Cifi.INii 11 111 Receptionti: 828750 12/19/2012 02:41:22 PM Jean Rlberlco 8 df 9 Reo Fee:$51.00 Doc Fee:0.00 GRRFIELD COUNTY CO EXCEPTING THEREFROM: A parcel of land situated in the NE 1/4 of Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the northeast corner of said section 4, a BLM aluminum cap in place, the Point of Beginning; thence S16°39'55"W 217.38 feet thence S27°00'32"W 277.20 feet; thence S48°11'02"W 452.97 feet; thence N89°49'27"W 293.53 feet; thence along the arc of a curve to the right having a radius of 200.00 feet and a central angle of 54°02'08", a distance of 188.62 (chord bears N62°47'22"W 181.71 feet); thence N35°45'36"W 8.96 feet; thence along the arc of a non -tangent curve to the right having a radius of 330.00 feet and a central angle of 17°32'59", a distance of 101.08 feet (chord bears S57°47'34"W 100.68 feet); thence S10°53'01"E 106.92 feet; thence N89°46'50"W 285.66 feet to a point on the easterly boundary of that property described in Reception No. 462134 of the Garfield County Clerk and Recorder's Office; thence N00°18'44"W along said easterly boundary 336.70 feet; thence continuing along said easterly boundary N89°51'49"E 213.40 feet; thence continuing along said easterly boundary N00°16'49"W 489.84 feet to a point on the northerly boundary of said section 4; thence along said northerly boundary S89°49'20"E 1127.68 feet to the true point of beginning; said parcel containing 17.809 acres, more or less. Resulting Legal Description — The Berkeley Family Limited Partnership A Parcel of land situated in government Lots 5 and 6, Section 32, Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23 and the NE1/4SE1/4 of Section 33, SWI/4SW1/4 and the NW 1/4S W 1/4 of Section 34 all in Township 6 South, Range 88 West of the 6th Principal Meridian, and also Lots 1, 2, 3 and 9 of Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the South Quarter Corner of said Section 33, A 2-1/2" brass cap L.S. No. 5933 found in place, the point of beginning; thence N. 89°40'02" W. along the sourtherly boundary of said Section 33 a distance of 2502.71 feet to the southwest corner of said Gov't Lot 20, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence N. 01°58'08" E. along the westerly boundary of said Gov't Lot 20 AND 17 a distance of 2,064.02 feet to the northwest corner of said Gov't Lot 17, a 3-1/4" aluminum cap 19598 found in place; thence N. 87°10'45" W. along the southerly boundary of said Gov't Lot 9 AND 6 a distance of 1382.36 feet to the southwest corner of said Gov't Lot 6; thence N. 01°43'36" E. along the westerly boundary of said Gov't Lot 6 AND 5 a distance of 1290.42 feet to the northwest corner of said Gov't Lot 5 (whence a witness corner to the northwest corner of said Lot 5 bears N. 01°43'36" E. a distance of 29.83 feet); thence S. 89°05'51" E. along the northerly boundary of said Lot 5, a distance of 1166.84 feet to the northeast corner of said Lot 5, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence S. 89°12'41" E. along the northerly boundary of said Gov't Lot 8 AND 7 a distance of 1529.49 to the northeast corner of said Lot, a 2-1/2" Garfield County Surveyor aluminum III ! '� <rhlU1J411M1+ EN11i1,111171 4�4,MAI INHI 11111 Reception#: 828750 ' 12/19/2012 02:41:22 PM Jean Rlberico 9 of'9 Rep Fee:$51.00 Doc Fee:0.00 GPRFIELD COUNTY CO cap found in place; thence S. 01°58'10" W. along the easterly boundary of said Lot 7 a distance of 838.23 feet to the southeast corner of said Lot 7, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence S. 88°25'59" E. along the northerly boundary of said Gov't Lot 11 a distance of 1113.33 feet to the center quarter corner of said Section 33, a 3-1/4" Garfield County Surveyor aluminum cap found in place; thence S. 88°25'59" E. along the northerly boundary of said Gov't Lot 12 a distance of 1255.38 feet to the center -east sixteenth corner of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence S. 88°25'59" E. along the northerly boundary of the NE1/4SE1/4 of said Section 33 a distance of 1255.38 feet to the east quarter corner of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence N. 89°59'25" E. along the northerly boundary of the NW 1/4SW 1/4 of said Section 34 a distance of 201.90 feet; thence leaving said northerly boundary S. 03°45'23" E. a distance of 1233.01 feet to a point on the southerly boundary of said NW 1/4SW 1/4; thence N. 89°02'47" E. along said southerly boundary a distance of 807.09 feet; thence leaving said southerly boundary S. 02°50'09" E. a distance of 1220.54 feet to a point on the southerly boundary of the SW/14SW1/4 of said Section 34; thence S. 88°10'28" W. along said southerly boundary a distance of 984. 24 feet to the southeast corner of Section 33, a 2" Bureau of Land Management aluminum cap found in place; thence; S. 16°39'59" W. a distance of 217.38 feet; thence S. 27°00'32" W. a distance of 277.20 feet; thence S. 48°11'02' W. a distance of 452.97 feet; thence N. 89°49'27" W. a distance of 293.51 feet; thence along the arc of a tangent curve to the right having a radius of 200.00 feet and central angle of 54°02'27", a distance of 188.64 feet (chord bears N. 62°47'31" W. a distance of 181.72 feet); thence N. 35°45'36" W. a distance of 8.96 feet; thence S. 57°47'34" W. a distance of 100.68 feet to a point in an existing fence; thence S. 10°53'01" E. along said fence a distance of 648.15 feet to an angle point in said fence; thence continuing along said fence N. 89°15'38" W. a distance of 1728.64 feet to a point in the westerly boundary of the S W 1/4NE 1 /4 of said Section 4; thence N. 00°13'22" W. along said westerly boundary a distance of 1342.18 feet to the point of beginning. Reception## : 8287131 12/19/2012 02411:22 AN Jean Alberico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this /'1'day of Pece.ns je/ , 2012, between J&S NIESLANIK, LLLP, of the County of Garfield and State of Colorado, Grantor, and THE BERKELEY FAMILY LIMITED PARTNERSHIP whose legal address is 4001 County Road 114, Glenwood Springs, CO 81601, of the County of Garfield and State of Colorado, Grantee: WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, has remised, released, sold, conveyed, and QUITCLAIMED, and by these present does remise, release, sell, convey and QUITCLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: SEE EXHIBIT A ATTACHED HERETO also known by street number as: N/A TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or in equity, to the only proper use, benefit, and behoof of the Grantee, his heirs, successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. 4 J&S NIESLAN K, ' LP n 1 By: James P. Nieslanik Its: General Partner STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 1401 day of 2012, by James P. Nieslanik as General Partner of J&S Nieslanik, LLLP. Witness my hand and official seal. My commission expires: 3. lc:D. /5 Notary Public II!I h'irillnii4),VP.NrR1i1FItMG1/2111 1~'IigIiiilliiI 11111 , Receptiontt: 828751 12/19/2012 02:41:22 PM Jean talberico 2 of 2 Ren Fee:$16.00 Doc Fee:0.00 GRRFIELD COUNTY CO EXHIBIT A A parcel of land situated in the NEI/4 of' Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the northeast corner of said section 4, a BLM aluminum cap in place, the Point of Beginning; thence S16°39'55"W 217.38 feet thence S27°00'32"W 277.20 feet; thence S48°11'02"W 452.97 feet; thence N89°49'27"W 293.53 feet; thence along the arc of a curve to the right having a radius of 200.00 feet and a central angle of 54°02'08", a distance of 188.62 (chord bears N62°47'22"W 181.71 feet); thence N35°45'36"W 8.96 feet; thence along the arc of a non -tangent curve to the right having a radius of 330.00 feet and a central angle of 17°32'59", a distance of 101.08 feet (chord bears S57°47'34"W 100.68 feet); thence S10°53'01"E 106.92 feet; thence N89°46'50"W 285.66 feet to a point on the easterly boundary of that property described in Reception No. 462134 of the Garfield County Clerk and Recorder's Office; thence N00° 18'44"W along said easterly boundary 336.70 feet; thence continuing along said easterly boundary N89°51'49"E 213.40 feet; thence continuing along said easterly boundary N00°16'49"W 489.84 feet to a point on the northerly boundary of said section 4; thence along said northerly boundary S89°49'20"E 1127.68 feet to the true point of beginning; said parcel containing 17.809 acres, more or Tess. County of Garfield State of Colorado Quit Claim Deed Page 2 When recorded, please return to: Beattie, Chadwick & Houpt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601