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HomeMy WebLinkAbout1.0 ApplicationQ BRIKDR September 12, 2018 Patrick Waller, Senior Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Property Merge Amended Plat A-8 & A-9 Aspen Glen Filing No. 1 Patrick, I am requesting a waiver from the improvement submittal agreement requirement as I have also reviewed Article 7 Division 1, 2, 3 and nothing appears to be impacted with this application and plat amendment request. As a follow-up to our pre -application meeting please find the electronic documents you requested: 1. Application Form executed 2. Payment Agreement Form executed 3. DRC letter from Aspen Glen HOA approving the lot merge 4. Adjacent Property list for A-8 & A-9 5. A-8 Owner's title policy 6. A-9 Owner's title policy 7. A-8 & A-9 mineral chain document #1 8. A-8 & A-9 mineral chain document #2 It is important to note that Beverly Ebele at the Garfield County Recording Office and I worked on the mineral chain for close to two hours attempting to take back to patent and we could only get as far as the following: 417 River's Bend - Lot 8 880118 880117 874952 685466 980/277 921/661 779/484 970 923 3088 BRIK❑R ASSOCIATES 20 SUNSET DRIVE, UNIT 1 BASALT, COLORADO B1621 WWW.BRIK❑R.C❑M Q BRIKDR 703/121 846/615 835/305 904/724 918/408 375 River's Bend — Lot 9 910258 1021/204 470710 469407 464122 440895 436262 412740 377996 Please feel free to contract Beverly if you have any questions as she recommended that you call her if needed as she indicated this should satisfy the County's request. We are making the revisions to the ILC survey that we reviewed along with the proposed amended record plat. Once Tuttle Surveying is complete we will submit these documents electronically along with three hard copies for your review on the application request along with the $100 filing and review fee. Thanks again, Briston Peterson Property owner — Aspen Glen A-8 LLC of both properties Attachments Cc: Jeff Tuttle, Tuttle Survey Leslie Lamont, Aspen Glen 970 923 3088 BRIK❑R ASSOCIATES 20 SUNSET DRIVE, UNIT 1 BASALT, COLORADO B1621 WWW.BRIK❑R.C❑M Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY DATE: September 12, 2018 TAX PARCEL NUMBER: 239329201008 and 239329201009 OWNER: Aspen Glen A-8 LLC PRACTICAL LOCATION: 375 and 417 River's Ben, Carbondale, CO 81623 TYPE OF APPLICATION: Amended Final Plat I. GENERAL PROJECT DESCRIPTION The owner of Lots A-8 and A-9 wishes to merge the two lots together and combine the Building Envelopes. The amendment has been reviewed by the Aspen Glen HOA, who has indicated their approval of the request. The property is located within the 3/4 Acre PUD Residential Zone District, which does not require a maximum lot size. The proposal would eliminate a utility and drainage easement that is located between the two lots. Additionally, initial documentation indicated that Lot A-8 has mapped floodplain. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements III. REVIEW PROCESS The process to accommodate this request shall require submittal of an amended final plat processed by Administrative Review pursuant to the LUDC. • The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline). • Pre -Application meeting; • Submittal of Application (3 copies plus one electronic); • Completeness Review; • Submittal of additional materials (if needed) and copies for Referral agencies (21 day review), • Setting a date for the Directors Determination; • Public Notice 15 days prior to the Director's Determination to property owners within 200 feet and mineral rights owners on the subject property; • Directors Determination including any conditions; • A 10 day Call-up Period after Director's Decision is made; • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; • Recording the Plat with the County Clerk and Recorder. IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: ■ Application Form. ■ Project Description including the reason for the amendment, whether any nonconforming conditions currently or will exist. ■ Ownership Documentation (deed) and title information indicating if there are any lienholders and/or encumbrances (a title commitment may be necessary) ■ Statement of Authority (should the parcel be held by an LLC, trust, corporation or other partnership.) and Letter of Authorization, as necessary ■ Fee Payment and Payment Agreement Form ■ Pre -Application Conference Summary ■ Names and addresses of all property owners within 200 feet of subject parcels and all mineral owners of the subject parcels. ■ Vicinity Map ■ Improvements Agreement (may be waived upon request) ■ Final Plat (plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal, including any floodplain on the property) ■ Code, Covenants, Restrictions (needs to be referenced on the plat) ■ The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2 and 3. The Application should include, at a minimum, representations that the amendment will not result in any changes to drainage, access, utilities, and any other applicable Subdivision and Article 7 topics. In particular the applicant should provide additional details regarding the drainage easement, as the proposal would eliminate that easement. 2 V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _X_None (Director's Decision) Planning Commission Board of County Commissioners Board of Adjustment c. Referral Agencies: May include Aspen Glen HOA, Garfield County Designated Engineer, County Surveyor. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: c4:6 September 17, 2018 Patrick Waller, Senior Planner Date 3 raubrnittaI is. cornplctc ,pproximatck, '1 re Garfield County Amended Fina! Plat Review Process" (Section 5-305) Step 1: Pre. pplication Conference • Applicant has 6 months to submit application 5 tep 2 Application Submittal Step 3: Completeness ftetriew + 10 businrss trays t# r &view • I f incomplete, 60 days to rsrnedy defklencles Step A; Sdledrrhe Deerskin Date and Provida~ Notice. * Tailed to adjacent property owners within 200 feet and rninera 1 owners at least 15 days prior to decision date step 5: Referral • 21 day comment period Step 6: Eva lution by Director Step 7: Director's Decision + Call-up Period - within 10 days of Direcloes Decision *Final Plat must be signed by the 6OCC and be recorded within 10 business days of approval, 4 ACGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION O Minor Subdivision Major Subdivision O Sketch 0 Preliminary 0 Final Conservation Subdivision O Yield 0 Sketch 0 Preliminary 0 Final O Time Extension INVOLVED PARTIES Owner/Applicant Name: A5iaei/ Or 7 p yy —5`r-91 Cc) Phone: (9?O) 9 Z3 -3'6U ') Mailing Address: 20 Sime'‘ E7" 2) /mite" Jei/ City: 8 07 7- State: C'd Zip Code: s /6 i / E-mail; & 1-/ S o_ %?///./)/L . GO �'✓7 Representative (Authorization Required) 971 — GJI/k-s VIC Name: /372- /5-T7'1 Pe -7"---,45 Gv1/ Phone: ( 971) 17-3 3 PHI Mailing Address: 2-0 sfi/kr e -r +a ✓W e #/ City: 8 /1-tr- State: CeP Zip Code: /6 2-1 E-mail: / %L/ S770/ a 73TZ/IcO/2. co-,,,,, PROJECT NAME AND LOCATION Project Name: -S Perly (,n &7/ A-6 V A-- 9 '1-i14i/✓o4o Assessor's Parcel Number: Z 3_g_a - - "Lir ,1 2. 393 —24, Physical/Street Address: WI 91 3 7] 2/vhy_ j VP -9 Legal Description: Pi,47 4-0 f Sfto'/D #9.14411494-,o Pti lOJ"' P 1 4-kt> / f ,�/.NGS M Zone District: %L ES /.056"V,771/1 -t, Property Size (acres): 4 : 2- •1 ,4 2-.dar 2.o/ ql • Preliminary Plan Amendment ,Final Plat Amendment • Common Interest Community Subdivision • Public/County Road Split Exemption • Rural Land Development Exemption ACGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION O Minor Subdivision Major Subdivision O Sketch 0 Preliminary 0 Final Conservation Subdivision O Yield 0 Sketch 0 Preliminary 0 Final O Time Extension INVOLVED PARTIES Owner/Applicant Name: A5iaei/ Or 7 p yy —5`r-91 Cc) Phone: (9?O) 9 Z3 -3'6U ') Mailing Address: 20 Sime'‘ E7" 2) /mite" Jei/ City: 8 07 7- State: C'd Zip Code: s /6 i / E-mail; & 1-/ S o_ %?///./)/L . GO �'✓7 Representative (Authorization Required) 971 — GJI/k-s VIC Name: /372- /5-T7'1 Pe -7"---,45 Gv1/ Phone: ( 971) 17-3 3 PHI Mailing Address: 2-0 sfi/kr e -r +a ✓W e #/ City: 8 /1-tr- State: CeP Zip Code: /6 2-1 E-mail: / %L/ S770/ a 73TZ/IcO/2. co-,,,,, PROJECT NAME AND LOCATION Project Name: -S Perly (,n &7/ A-6 V A-- 9 '1-i14i/✓o4o Assessor's Parcel Number: Z 3_g_a - - "Lir ,1 2. 393 —24, Physical/Street Address: WI 91 3 7] 2/vhy_ j VP -9 Legal Description: Pi,47 4-0 f Sfto'/D #9.14411494-,o Pti lOJ"' P 1 4-kt> / f ,�/.NGS M Zone District: %L ES /.056"V,771/1 -t, Property Size (acres): 4 : 2- •1 ,4 2-.dar 2.o/ ql Project Description Existing Use: \/41 11i/p"- N i22• Ars' /Zt V77Q Proposed Use (From Use Table 3-403): S/'/k-Ge-- )A -/l/ L- /L7044-141 2k7251074/9 Description of Project: /P/ 71,67 -e LO k fr 9 r /moi /iv- a N, Netwevt.ee,- W / 777 1 77 �f7 N II 7r,- ■ r.17 C -y V"7 C.-'7 i v APrxf( ,11 wv�-k't 9" 1 c4Z"7¢?e- AV zv✓ 9V''.17 i f p -A/v rzA9Pe Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family / / 90 3r ail/ s,": - Duplex Multi -Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the state correct and accurate to have provided the required attached information which is knowledge. Signature of Property Owner Date OFFICIAL USE ONLY File Number: - Fee Fee Paid: $ FC Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") -®oiV v ,-v 1-1/6 agree as follows: 1. The Applicant has submitted to the County an application for thy. following Project: / f44 -W J10 /'C/A - f- 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: 7Z/ 5774/ / Thia �✓1/ 20 fv41f trl" ,2$/7/^/ Billing Contact Person: Billing Contact Address: '970 —91/1- CIV Phone: (.1') z 3 - ?d 7% City: State: Zip Code: /6 Billing Contact Email: S 724' ' J , /2,/ , °''. • Ca'i..-7 Printed Name of Pers n (Signature Sign: , t) -/f pate) Homeowners Association at Aspen Glen, Inc. Design Review Committee September 7, 2018 Mr. Glenn Hartman Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Lot Tie Lots A-08 & A-09 417 River's Bend & 375 River's Bend Dear Glenn, via email This letter is to confirm that the Aspen Glen Design Review Committee (DRC) reviewed the proposed plat amendment to combine Lots A-08 & A-09 (417 & 375 River's Bend) into one lot at their September 5, 2018 regular meeting. The plat amendment eliminates the building envelope for A-09 and adjusts the building envelope for Lot A-08. The DRC recommends approval to the Garfield County Board of County Commissioners with the following conditions: 1. A copy of the recorded amended plat shall be provided to the Aspen Glen DRC. 2. It is the responsibility of the property owner to ensure that this lot merge does not negatively affect the utility and drainage easement that are being eliminated between the two properties. 3. The DRC has only approved the lot tie. Any further improvements to property require DRC review and approval. The DRC noticed property owners within the vicinity of the project site and no objections were made to the proposed plat amendment. The Aspen Glen DRC recommends approval of the proposed plat amendment as proposed on the draft First Plat of Lot A8 & Second Amended Plat of Lot A9, Aspen Glen, Filing No. 1, County of Garfield, State of Colorado. The Aspen Glen DRC anticipates the opportunity to review the plat amendment application submitted to Garfield County. If you have any questions, please do not hesitate to contact me. Sincerely, Leslie Lamont, Administrator Aspen Glen Design Review Committee Cc: Mr. Briston Peterson DRC 0080 Bald Eagle Way Carbondale, CO 81623 Tel: (970) 963-3362 1 Email:leslielamont@aspenglenhoa.com TITLE COMPANY of the rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 www.titlecorockies.com Aspen Glen A-8 LLC, a Colorado limited liability company 20 Sunset Drive #1 Basalt, CO 81621 briston@brikor.com September 8, 2016 Commitment No.: Buyer's Name(s): Seller's Name(s): Property: Dear Customer: 0600381-C4 Aspen Glen A-8 LLC, a Colorado limited liability company Lynda F. Stokes 417 River's Bend, Carbondale, CO 81623 Lot A-8, Aspen Glen Filing 1, Garfield County, Colorado Enclosed please find your Owner's Policy of Title Insurance Number OP -6-4626393, issued by The Title Company of the Rockies, as authorized agent for Westcor Land Title Insurance Company. You should retain this policy for safe -keeping, as it represents an important part of your evidence of title to the above captioned property. We would suggest you keep it with any other valuable documents you have concerning your real estate. We appreciate the opportunity to participate with you in this transaction. Should you have any other need for real estate title or escrow services in the future, such as refinancing or second mortgage financing, please do not hesitate to give us a call. Your relationship with us through this transaction may entitle you to substantial savings on the various title insurance products we can offer. If you have any other questions or concerns, please feel free to contact me at the telephone number shown above, and thank you again for using The Title Company of the Rockies. With best regards, (Mary Scheurich Mary Scheurich Escrow Officer Enclosure: as stated Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations I n: Avon/Beaver Creek, Basalt, Breckenridge, Granby, and Winter Park. (Closing Services available in Aspen and Glenwood Springs). POLICY NO. OP -6-4626393 iikkWESTCOR LAND TITLE INSURANCE COMPANY ALTA OWNER'S POLICY (6-17-06) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS Continued on next page IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, Issued By: Title Company of the Rockies WESTCOR LAND TITLE INSURANCE COMPANY By: Attest: aA/1MM esident �c� J Secretary 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors ' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve- ment erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; OP -6 ALTA 6-17-06 Owner's Policy (b) not Known to the Company, not recorded in the Public Re- cords at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. (WLTIC Edition 3/5/10) CONDITIONS 1 td 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance ": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy ": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-- owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not construc tive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g)"Land" The land described in Schedule A, and affixed improve- ments that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other secu- rity instrument, including one evidenced by electronic means authorized by law. "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records ocae . (i) "Title": The estate or interest described in Schedule A. (j) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Condi- tions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company 's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will OP -6 ALTA 6-17-06 Owner's Policy (WLTIC Edition 3/5/10) of the clerk of the United States District Court for the district where the Land is (a) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropri ate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (b) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole dis- cretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or pro ceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company 's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OP -6 ALTA 6-17-06 Owner's Policy not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company 's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys ' fees, and expenses incurred in accordance with Sections 5 and 7 of these Condi- tions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged (WLTIC Edition 3/5/10) 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Com- pany or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final deter- mination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in set- tling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained OP -6 ALTA 6-17-06 Owner's Policy defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provi sions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing (b) (WLTIC Edition 3/5/10) in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or required to be given to the Company under this policy must be given to the Company at: Westcor Land Title Insurance Company, Attn.: Claims, 875 Concourse Parkway South, Ste. 200, Maitland, Florida 32751. OP -6 ALTA 6-17-06 Owner's Policy (WLTIC Edition 3/5/10) Owner's Policy - Schedule B Order No.: 0600381-0 Policy No.: OP -6-4626393 OWNER'S POLICY OF TITLE INSURANCE issued by TITLE COMPANY of the rockies as agent for WESTCOR LAND TITLE INSURANCE COMPANY SCHEDULE A Order No.: 0600381-0 Policy Number: OP -6-4626393 Amount of Insurance: $750,000.00 Premium: $1,851.00 Date of Policy: July 25, 2016 1. Name of Insured: Aspen Glen A-8, LLC, a Colorado limited liability company 2. The estate or interest in the Land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the Land is vested in: Aspen Glen A-8 LLC, a Colorado limited liability company 4. The Land referred to in this policy is located in the County of Garfield, State of Colorado, and described as follows: Lot A-8, ASPEN GLEN FILING NO. 1, according to the Plat thereof filed April 6, 1995, at Reception No. 476330. Countersigned By: 411E6)0 decoahito The Title Company of the Rockies Authorized Officer or Agent Page 1 of 3 Owner's Policy - Schedule B (continued) Order No.: 0600381-0 Policy No.: OP -6-4626393 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes and assessments for the year 2016 and subsequent years, a lien, not yet due and payable. 2. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded March 12, 1892 in Book 12 at Page 119, April 11, 1892, in Book 12 at Page 133 and recorded April 16, 1892, in Book 12 at Page 135. 3. An undivided one-fourth (1/4) interest in all oil, gas and other mineral rights, as reserved by Leonis P. Chuc in the Deed to Mary Lu F. Seeburg recorded December 26, 1958, in Book 314 at Page 160, and any and all assignments thereof or interests therein, together with the right to enter upon said lands and explore, drill, mine and produce, upon payment to the owner of the surface, for all damages occasioned in connection therewith, any of said described substances. 4. An undivided one-fourth (1/4) interest in all oil, gas and other mineral rights, as reserved by Caesar J. Chuc in the Deed to Mary Lu F. Seeburg recorded September 26, 1961, in Book 336 at Page 570, and any and all assignments thereof or interests therein, together with the right to enter upon said lands and explore, drill, mine and produce, upon payment to the owner of the surface, for all damages occasioned in connection therewith, any of said described substances. 5. Any and all minerals and mineral rights of any kind or character whatsoever, as may have been reserved, severed or retained by conveyances of record. 6. Restrictions, which do not contain a forfeiture or reverter clause, as contained in Master Declaration of Covenants, Conditions and Restrictions For Aspen Glen recorded April 6, 1995, in Book 936 in Book 350, and Supplemental Declarations thereto recorded July 15, 1997, in Book 1026 at Page 161, November 26, 1997, in Book 1043 at Page 850, February 10, 1998, in Book 1053 at Page 8, February 10, 1998 in Book 1053 at Page 30, May 1, 1998, in Book 1065 at Page 800, May 22, 1998 in Book 1069 at Page 58, August 24, 1998, in Book 1084 at Page 943, October 26, 1998, in Book 1094 at Page 517, August 17, 1999 in Book 1145 at Page 680, November 19, 1999, in Book 1161 at Page 293, September 23, 1999 in Book 1151 at Page 877, December 14, 1999, in Book 1164 at Page 755, July 17, 2000 in Book 1197 at Page 740 and May 8, 2003 in Book 1467 at Page 910. 7. Terms, agreements, provisions, conditions and obligations contained in Subdivision Improvements Agreement recorded April 6, 1995, in Book 936 at Page 444. 8. Easements and rights of way as contained in instrument recorded April 6, 1995 in Book 936 at Page 458. 9. Terms, conditions, provisions, obligations, restrictions, easements and rights of way as contained in Declaration of Golf Facilities Development, Construction and Operational easement recorded April 6, 1995, in Book 936 at Page 350. 10. Easement and right of way for access purposes, as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 354. Page 2 of 3 Owner's Policy - Schedule B (continued) Order No.: 0600381-0 Policy No.: OP -6-4626393 11. Easement as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995 in Book 931 at Page 374. 12. Utility Easement as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 393. 13. Easement and right of way for temporary construction purposes, as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 412. 14. Terms and conditions of Resolutions by the Board of County Commissioners of Garfield County, Colorado, concerning the Aspen Glen Planned Unit Development and other matters, as set forth as follows: A. Resolution No. 92-056 recorded June 29, 1992, in Book 835 at Page 305 and amended by Resolution No. 97-38 recorded April 16, 1997 in Book 1015 at Page 617. B. Resolution No. 93-121 recorded December 28, 1993, in Book 887 at Page 824. C. Resolution No. 94-008 recorded February 2, 1994, in Book 891 at Page 620. D. Resolution No. 94-089 recorded August 9, 1994, in Book 911 at Page 791. E. Resolution No. 94-139 recorded December 13, 1994, in Book 925 at Page 345. F. Resolution No. 95-004 recorded January 17, 1995, in Book 929 at Page 64. G. Resolution No. 96-06 recorded February 9, 1996, in Book 966 at Page 682. H. Resolution No. 96-07 recorded February 9, 1996, in Book 966 at Page 686. 15. Terms, conditions, provisions and obligations as contained in Agreements recorded April 12, 1992 in Book 827 at Page 636 and recorded June 29, 1993 in Book 835 at Page 364. 16. Terms, conditions,provisions, obligations, easements and rights of way as contained in Agreements by and between Union Oil Company of California, Aspen Glen Golf Partners, Ltd., and the Aspen Glen Sanitation District recorded August 19, 1994 in Book 912 at Page 970 and recorded August 19, 1994 in Book 912 at Page 973. 17. Easements, rights of way and all other matters as shown on the Plat of said Subdivision filed April 6, 1995 at Reception No. 476330. 18. Amendment to Agreement by and between Aspen Glen Golf Company and Glenwood Irrigation Company recorded November 7, 2002 in Book 1404 at Page 604. Page 3 of 3 Anti -Fraud Statement NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti -fraud statement is affixed to and made a part of this policy. TITLE COMPANY of the rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 www.tidecorockies.com Aspen Glen A-8 LLC, a Colorado limited liability company 20 Sunset Drive #1 Basalt, CO 81621 briston@brikor.com September 12, 2018 Commitment No.: Buyer's Name(s): Seller's Name(s): Property: Dear Customer: 0601567-C1 Aspen Glen A-8 LLC, a Colorado limited liability company John Phillips Thorsen and Connie P. Thorsen and Dolores Bowers 375 Rivers Bend, Carbondale, CO 81623 Lot A-9, Aspen Glen Filing 1, Garfield County, Colorado Enclosed please find your Owner's Policy of Title Insurance Number OP -6-6696114, issued by The Title Company of the Rockies, as authorized agent for Westcor Land Title Insurance Company. You should retain this policy for safe -keeping, as it represents an important part of your evidence of title to the above captioned property. We would suggest you keep it with any other valuable documents you have concerning your real estate. We appreciate the opportunity to participate with you in this transaction. Should you have any other need for real estate title or escrow services in the future, such as refinancing or second mortgage financing, please do not hesitate to give us a call. Your relationship with us through this transaction may entitle you to substantial savings on the various title insurance products we can offer. If you have any other questions or concerns, please feel free to contact me at the telephone number shown above, and thank you again for using The Title Company of the Rockies. With best regards, Mary Scheurich Mary Scheurich Escrow Officer Enclosure: as stated Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations I n: Avon/Beaver Creek, Basalt, Breckenridge, Granby, and Winter Park. (Closing Services available in Aspen and Glenwood Springs). WESTCOR LAND TITLE INSURANCE COMPANY POLICY NO. OP -6-6696114 ALTA OWNER'S POLICY (6-17-06) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS Continued on next page IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, Issued By: The Title Company of the Rockies WESTCOR LAND TITLE INSURANCE COMPANY *.:491 Attest: u"` OP -6 ALTA 6-17-06 Owner's Policy (WLTIC Edition 12/01/17) 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors ' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys ' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other mat- ters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors ' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien 011 the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance ": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g)"Land" The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company 's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or pro ceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys ' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys ' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company 's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: Westcor Land Title Insurance Company, Attn.: Claims, 875 Concourse Parkway South, Suite 200, Maitland, Florida 32751. Owner's Policy - Schedule B Order No.: 0601567-0 Policy No.: OP -6-6696114 OWNER'S POLICY OF TITLE INSURANCE issued by TITLE COMPANY of the rockies as agent for WESTCOR LAND TITLE INSURANCE COMPANY SCHEDULE A Order No.: 0601567-0 Policy Number: OP -6-6696114 Amount of Insurance: $630,000.00 Premium: $1,641.00 Date of Policy: : August 15, 2018 at the exact time of recording 1. Name of Insured: Aspen Glen A-8 LLC, a Colorado limited liability company 2. The estate or interest in the Land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the Land is vested in: Aspen Glen A-8 LLC, a Colorado limited liability company 4. The Land referred to in this policy is located in the County of Garfield, State of Colorado, and described as follows: Lot A-9, ASPEN GLEN FILING NO. 1, according to the Plat thereof filed April 6, 1995, at Reception No. 476330. Countersigned By: (VI The Title Company of the Rockies Authorized Officer or Agent Page 1 of 3 Owner's Policy - Schedule B (continued) Order No.: 0601567-0 Policy No.: OP -6-6696114 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes and assessments for the current year, and subsequent years, a lien not yet due and payable. 2. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded March 12, 1892 in Book 12 at Page 119, April 11, 1892, in Book 12 at Page 133 and recorded April 16, 1892, in Book 12 at Page 135. 3. An undivided one-fourth (1/4) interest in all oil, gas and other mineral rights, as reserved by Leonis P. Chuc in the Deed to Mary Lu F. Seeburg recorded December 26, 1958, in Book 314 at Page 160, and any and all assignments thereof or interests therein, together with the right to enter upon said lands and explore, drill, mine and produce, upon payment to the owner of the surface, for all damages occasioned in connection therewith, any of said described substances. 4. An undivided one-fourth (1/4) interest in all oil, gas and other mineral rights, as reserved by Caesar J. Chuc in the Deed to Mary Lu F. Seeburg recorded September 26, 1961, in Book 336 at Page 570, and any and all assignments thereof or interests therein, together with the right to enter upon said lands and explore, drill, mine and produce, upon payment to the owner of the surface, for all damages occasioned in connection therewith, any of said described substances. 5. Restrictions, which do not contain a forfeiture or reverter clause, as contained in Master Declaration of Covenants, Conditions and Restrictions For Aspen Glen recorded April 6, 1995, in Book 936 in Book 350, and Supplemental Declarations thereto recorded July 15, 1997, in Book 1026 at Page 161, November 26, 1997, in Book 1043 at Page 850, February 10, 1998, in Book 1053 at Page 8, February 10, 1998 in Book 1053 at Page 30, May 1, 1998, in Book 1065 at Page 800, May 22, 1998 in Book 1069 at Page 58, August 24, 1998, in Book 1084 at Page 943, October 26, 1998, in Book 1094 at Page 517, August 17, 1999 in Book 1145 at Page 680, November 19, 1999, in Book 1161 at Page 293, September 23, 1999 in Book 1151 at Page 877, December 14, 1999, in Book 1164 at Page 755, July 17, 2000 in Book 1197 at Page 740 and May 8, 2003 in Book 1467 at Page 910. 6. Terms, agreements, provisions, conditions and obligations contained in Subdivision Improvements Agreement recorded April 6, 1995, in Book 936 at Page 444. 7. Easements and rights of way as contained in instrument recorded April 6, 1995 in Book 936 at Page 458. 8. Terms, conditions, provisions, obligations, restrictions, easements and rights of way as contained in Declaration of Golf Facilities Development, Construction and Operational easement recorded April 6, 1995, in Book 936 at Page 350. 9. Easement and right of way for access purposes, as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 354. 10. Easement as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995 in Book 931 at Page 374. Page 2 of 3 Owner's Policy - Schedule B (continued) Order No.: 0601567-0 Policy No.: OP -6-6696114 11. Utility Easement as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 393. 12. Easement and right of way for temporary construction purposes, as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 412. 13. Terms and conditions of Resolutions by the Board of County Commissioners of Garfield County, Colorado, concerning the Aspen Glen Planned Unit Development and other matters, as set forth as follows: A. Resolution No. 92-056 recorded June 29, 1992, in Book 835 at Page 305 and amended by Resolution No. 97-38 recorded April 16, 1997 in Book 1015 at Page 617. B. Resolution No. 93-121 recorded December 28, 1993, in Book 887 at Page 824. C. Resolution No. 94-008 recorded February 2, 1994, in Book 891 at Page 620. D. Resolution No. 94-089 recorded August 9, 1994, in Book 911 at Page 791. E. Resolution No. 94-139 recorded December 13, 1994, in Book 925 at Page 345. F. Resolution No. 95-004 recorded January 17, 1995, in Book 929 at Page 64. G. Resolution No. 96-06 recorded February 9, 1996, in Book 966 at Page 682. H. Resolution No. 96-07 recorded February 9, 1996, in Book 966 at Page 686. 14. Terms, conditions, provisions and obligations as contained in Agreements recorded April 12, 1992 in Book 827 at Page 636 and recorded June 29, 1993 in Book 835 at Page 364. 15. Terms, conditions,provisions, obligations, easements and rights of way as contained in Agreements by and between Union Oil Company of California, Aspen Glen Golf Partners, Ltd., and the Aspen Glen Sanitation District recorded August 19, 1994 in Book 912 at Page 970 and recorded August 19, 1994 in Book 912 at Page 973. 16. Easements, rights of way and all other matters as shown on the Plat of Aspen Glen, Filing No. 1 filed April 6, 1995 at Reception No. 476330. 17. Amendment to Agreement by and between Aspen Glen Golf Company and Glenwood Irrigation Company recorded November 7, 2002 in Book 1404 at Page 604. 18. Easements, rights of way and all other matters as shown on the Plat of Amended Plat of Lot A9, Aspen Glen, Filing No. 1, filed June 17, 1997 at Reception No. 509682. Page 3 of 3 Anti -Fraud Statement NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti -fraud statement is affixed to and made a part of this policy. 880118 07/25/2016 09:47:19 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded STATEMENT OF AUTHORITY 1. This STATEMENT OF AUTHORITY relates to entity named ASPEN GLEN A-8 LLC, A COLORADO LIMITED LIABILITY COMPANY and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a : LIMITED LIABILITY COMPANY 3. The entity is formed under the laws of the state of COLORADO 4. The niailmg address of the entity is: 20 Sunset Drive #1 Basalt, CO 81621 5. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is/are: Briston Peterson. Manager 6. The atdh of each of the Foregoing person(s) to bind the entity is not limited (check one) D incited as follows: 7. Other matters concerning the manner in which the entity deals with interests in the property: Aspen Gle By: Br" rado limited liability company et'rson,, . :ger State of COLORADO County of: GARFIELD The foregoing instrument was acknowledged, subscribed and sworn to before me this 25th day of July, 2016 by Briston Peterson, Manager of Aspen Glen A-8 LL Ca a lorado ted flaby company. My commission expires_ / �/" Notary Public MARY L. SCHEURICH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19974007954 My Commission Expires May 22, 2017 Patrick Waller From: Danny Stewart <dannys@rfeng.biz> Sent: Wednesday, October 3, 2018 3:19 PM To: Briston Peterson; Patrick Waller Cc: 'Jeff Tuttle'; 'Diana ' Subject: Aspen Glen Lots A-8 and A-9 Follow Up Flag: Follow up Flag Status: Flagged Patrick, The designed drainage patterners associated with the improvements proposed for Aspen Glen Lots A-8 and A-9 have been designed to route stormwater runoff through a series of inlets, pipes and vegetated swales as well as sheet flow to adjacent areas away from the proposed structure. These proposed drainage patterns will increase times of concentration as well as treat and detain the stormwater runoff to mimic historical runoff rates and patterns. All runoff from the site flows directly into the Roaring Fork River or infiltrates into the ground. No runoff flows onto adjacent properties nor will the runoff created by the improvements on the lots disturb or negatively affect any downstream properties. Thanks, ge ROARING FORK ENGINEERING Danny Stewart, PE Principal 592 Highway 133 Carbondale, CO 81623 Office: 970.340.4130 Mobile: 970.629.5876 Fax: 866.876.5873 1 Patrick Waller From: Briston Peterson <briston@brikor.com> Sent: Wednesday, October 3, 2018 2:41 PM To: Patrick Waller Cc: 'Jeff Tuttle'; 'Diana '; 'Danny Stewart' Subject: RE: Aspen Glen Lots A-8 and A-9 Attachments: Peterson Final Plat - NTC - 10-1-18.pdf; Aspen Glen A-8 & A-9 200' property list.pdf; A-8 Commitment.pdf; A-9 Commitment.pdf Follow Up Flag: Follow up Flag Status: Completed Patrick, Thanks for the email. Please find my response to your attached letter dated 10/2/18: 1. Attached is list of property owners within 200' of our property. 2. Attached is the mineral research. No available addresses are provided. 3. Danny Stewart with Roaring Fork Engineers will provide you with a statement that our proposed drainage will not impact any adjacent properties. h€d title commitments oil the updated and send to all parties] 6. There are no lien holders on the property. I own the properties free and clear. Thanks, Briston Peterson BRI KO i 0 970-923-3088 C 970-948-5597 E BRISTON@BRIKOR.COM www.BRIKOR.com Confidentiality Statement: This message is intended only for the individual or entity to which it is addressed. It may contain privileged, confidential information which is exempt from disclosure under applicable laws. If you are not the intended recipient, please note that you are strictly prohibited from disseminating or distributing this information (other than to the intended recipient) or copying this information. If you have received this communication in error, please notify us immediately by e-mail or by telephone at (970) 923-3088. Thank you. From: Patrick Waller [mailto:pwaller@garfield-county.com] Sent: Tuesday, October 02, 2018 6:12 PM To: Briston Peterson Subject: Aspen Glen Lots A-8 and A-9 Hi Briston, Per our conversation this morning, attached is the NTC letter for your application for an Amended Final Plat. The County Attorney's Office and Community Development identified a couple of items that need to be addressed prior to scheduling a Director's Decision date. Once you have addressed those items, please supply 3 hard copies as well as an electronic copy of the supplemental information. COMMITMENT for TITLE INSURANCE issued by TITLE COMPANY of the rockies as agent for WESTCOR LAND TITLE INSURANCE COMPANY Reference: Commitment Number: 0600381-C Commitment Ordered By: Mike Elkins Woodbridge Realty of Colorado, LLC 9929 Hwy 82 Carbondale, CO 81623 Phone: 970-510-6088 Fax: email: melkins@woodbridgerealtyco.com Inquiries should be directed to: Mary Scheurich Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: MSchcurich@titlecorockies.com Reference Property Address: 417 River's Bend, Carbondale, CO 81623 SCHEDULE A 1, Effective Date: February 29, 2016, 7:00 am 2, Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Proposed Insured: Briston Peterson Issue Date: April 12, 2016 Policy Amount: Premium: $750,000.00 $1,776.00 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: E. Chester Stokes, Jr. and Lynda F. Stokes, in joint tenancy 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: Lot A-8, ASPEN GLEN FILING NO. 1, according to the Plat thereof filed April 6, 1995, at Reception No. 476330. Commitment No. 0600381-C Schedule B-1 Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 2. Duly acknowledged release by Bank of Louisville of Mortgage from Mark A. McCoy, Mortgagor, in favor of Bank of Louisville, Mortgagee, in the amount of $250,000.00, dated August 4, 2000, and recorded August 16, 2000 at Reception No. 567756 and rerecordedSeptember 18, 2000 at Reception No. 569533. 3. Duly acknowledged release by Bank of Louisville of Mortgage from Mark A. McCoy, Mortgagor, in favor of Bank of Louisville, Mortgagee, in the amount of $250,000.00, dated August 4, 2000, and recorded August 25, 2000 at Reception No. 568226. 4. Certificate of Satisfaction issued by the Clerk of the Court, of Judgment in favor of Branch Banking and Trust, against E. Chester Stokes, Jr., Eugene Chester Stokes, Jr., in the amount of $3,800,000.00 plus court costs, entered on June 28, 2012, in Civil Action No. 12CV-000115, District Court in and for Garfield County, Colorado, transcript of which was recorded September 26, 2012 at Reception No. 824750. 5. Deed from E. Chester Stokes, Jr. to Lynda F. Stokes. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 - C.R.S. 39-14-102. 6. Deed from Lynda F. Stokes to Briston Peterson. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 - CRA 39-14-102. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4 provided that: (A) The enclosed form, of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, and (B) The applicable scheduled charges in the amount of $65.00, are paid to the Company or its duly authorized agent. EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, Alia Cammiimeni - 2006 Schedule B -I Requirements Commitment No. 0600381-C Schedule B-1 Requirements (continued) PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. Alta Commitment -2006 Schedule B -I Requirements (continued) Commitment No. 0600381-C Schedule B -1I Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION ❑ EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records, 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded March 12, 1892 in Book 12 at Page 119, April 11, 1892, in Book 12 at Page 133 and recorded April 16, 1892, in Book 12 at Paee 135. 8. An undivided one-fourth (1/4) interest in all oil, gas and other mineral rights, as reserved by Leonis P. Chuc in the Deed to Mary Lu F. Seeburg recorded December 26, 1958, in Book 314 at Page 160 and any and all assignments thereof or interests therein, together with the right to enter upon said lands and explore, drill, mine and produce, upon payment to the owner of the surface, for all damages occasioned in connection therewith, any of said described substances. 9. An undivided one-fourth (1/4) interest in all oil, gas and other mineral rights, as reserved by Caesar J. Chuc in the Deed to Mary Lu F. Seeburg recorded September 26, 1961, in Book 336 at Page 570, and any and all assignments thereof or interests therein, together with the right to enter upon said lands and explore, drill, mine and produce, upon payment to the owner of the surface, for all damages occasioned in connection therewith, any of said described substances. 10. Any and all minerals and mineral rights of any kind or character whatsoever, as may have been reserved, severed or retained by conveyances of record. 11. Restrictions, which do not contain a forfeiture or reverter clause, as contained in Master Declaration of Covenants, Conditions and Restrictions For Aspen Glen recorded April 6, 1995, in Book 936 in Book 350, and Supplemental Declarations thereto recorded July 15, 1997, in Book 1026 at Paee 161, A(m Conndtment-2006 Schedule B-11 Exceptions Conunitment No. 0600381-C Schedule B -I1 Exceptions (continued) November 26, 1997, in Book 1043 at Page 850 February 10, 1998, in Book 1053 at Page 8, February 10, 1998 in Book 1053 at Page 30, May 1, 1998, in Book 1065 at Page 800 May 22, 1998 in Book 1069 at Page 58 August 24, 1998, in Book 1084 at Page 943, October 26, 1998, in Book 1094 at Page 517, August 17, 1999 in Book 1145 at Page 680, November 19, 1999, in Book 1161 at Page 293, September 23, 1999 in Book 1151 at Page 877 December 14, 1999, in Book 1164 at Page 755, July 17, 2000 in Book 1 197 at Page 740 and May 8, 2003 in Book 1467 at Page 910. 12. Terms, agreements, provisions, conditions and obligations contained in Subdivision Improvements Agreement recorded April 6, 1995, in Book 936 at Pane 444. 13. Easements and rights of way as contained in instrument recorded April 6, 1995 in Book 936 at Page 458, 14. Terms, conditions, provisions, obligations, restrictions, easements and rights of way as contained in Declaration of Golf Facilities Development, Construction and Operational easement recorded April 6, 1995 in Book 936 at Page 350. 15. Easement and right of way for access purposes, as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 354. 16, Easement as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995 in Book 931 at Page 374. 17. Utility Easement as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 393. 18. Easement and right of way for temporary construction purposes, as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 412. 19. Teens and conditions of Resolutions by the Board of County Commissioners of Garfield County, Colorado, concerning the Aspen Glen Planned Unit Development and other matters, as set forth as follows: A. Resolution No. 92-056 recorded June 29, 1992, in Book 835 at Pace 305 and amended by Resolution No. 97-38 recorded April 16, 1997 in Book 1015 at Page 617. B. Resolution No. 93-121 recorded December 28, 1993, in Book 887 at Page 824. C. Resolution No. 94-008 recorded February 2, 1994, in Book 891 at Pace 620. D. Resolution No. 94-089 recorded August 9, 1994, in Book 911 at Page 791. E. Resolution No. 94-139 recorded December 13, 1994, in Book 925 at Page 345. F. Resolution No. 95-004 recorded January 17, 1995, in Book 929 at Page 64. G. Resolution No, 96-06 recorded February 9, 1996, in Book 966 at Page 682. H. Resolution No. 96-07 recorded February 9, 1996, in Book 966 at Page 686. 20. Terms, conditions, provisions and obligations as contained in Agreements recorded April 12, 1992 in Book 827 at Pace 636 and recorded June 29, 1993 in Book 835 at Pace 364. 21. Terms, conditions,provisions, obligations, easements and rights of way as contained in Agreements by and between Union Oil Company of California, Aspen Glen Golf Partners, Ltd., and the Aspen Glen Sanitation District recorded August 19, 1994 in Book 912 at Page 970 and recorded August 19, 1994 in Book 912 at Page 973. 22. Easements, rights of way and all other matters as shown on the Plat of said Subdivision filed April 6, Alta Commitment -2006 Schedule B -II Exceptions (continued) Commitment No. 0600381-C Schedule B -II Exceptions (continued) 1995 at Reception No. 476330. 23. Amendment to Agreement by and between Aspen Glen Golf Company and Glenwood Irrigation Company recorded November 7, 2002 in Book 1404 at Page 604. Alta Commitment - 2006 Schedule B -IJ Exceptions (continued) Commitment No. 0600381-C Disclosure Statements DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of this conunitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materiatmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood thata third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that Disclosure Statements "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any titne.up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instmctions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: I. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section, If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party." TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of"Buyer" and "Seller" shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner's Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): $1,776.00 $25.00 $65.00 TOTAL CHARGES $1,866.00 Transaction Identification Data for reference only: Issuing Agent: The Title Company of the Rockies Issuing Office: Title Company of the Rockies Issuing Office's ALTA Registry ID: Loan ID Number: Commitment Number: 0601567-C Issuing Office File Number: 0601567 Property Address: 375 Rivers Bend Carbondale, CO 81623 COMMITMENT FOR TITLE INSURANCE Issued by 111 1111f TITrhe LErcckies PANY N as agent for Westcor Land Title Insurance Company SCHEDULE A Reference: Commitment Number: 0601567-C 1. Effective Date: July 23, 2018, 7:00 am 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Proposed Insured: Briston Peterson Issue Date: August 03, 2018 Policy Amount: $630,000.00 Premium: $1,641.00 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. The Title is, at the Commitment Date, vested in: John Phillips Thorsen and Connie P. Thorsen, and Dee Trujillo 5. The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE Countersigned The Title Company of the Rockies This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A All I RPCM4 LAME Tit LE LIMX Page 1 Commitment No: 0601567-C By: Mike Mulligan This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 2 Commitment No: 0601567-C LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: Lot A-9, ASPEN GLEN FILING NO. 1, according to the Plat thereof filed April 6, 1995, at Reception No. 476330. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A All I RPCM4 LAME Tit L• LIMX Page 3 Commitment No: 0601567-C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. 6. Deed from John Phillips Thorsen and Connie P. Thorsen, and Dee Trujillo to Briston Peterson. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 -CRA 39-14-102. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4 provided that: (A) The enclosed form, of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, and (B) The applicable scheduled charges in the amount of $75.00, are paid to the Company or its duly authorized agent. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II All 1 RPCM4 LAME Tit LE na.p.{ Page 4 Commitment No: 0601567-C EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part l -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part ll All 1 RPCM4 LAME Tit LE na.p.{ Page 5 Commitment No: 0601567-C taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded March 12, 1892 in Book 12 at Page 119, April 11, 1892, in Book 12 at Page 133 and recorded April 16, 1892, in Book 12 at Page 135. 8. An undivided one-fourth (1/4) interest in all oil, gas and other mineral rights, as reserved by Leonis P. Chuc in the Deed to Mary Lu F. Seeburg recorded December 26, 1958, in Book 314 at Page 160, and any and all assignments thereof or interests therein, together with the right to enter upon said lands and explore, drill, mine and produce, upon payment to the owner of the surface, for all damages occasioned in connection therewith, any of said described substances. 9. An undivided one-fourth (1/4) interest in all oil, gas and other mineral rights, as reserved by Caesar J. Chuc in the Deed to Mary Lu F. Seeburg recorded September 26, 1961, in Book 336 at Page 570, and any and all assignments thereof or interests therein, together with the right to enter upon said lands and explore, drill, mine and produce, upon payment to the owner of the surface, for all damages occasioned in connection therewith, any of said described substances. 10. Restrictions, which do not contain a forfeiture or reverter clause, as contained in Master Declaration of Covenants, Conditions and Restrictions For Aspen Glen recorded April 6, 1995, in Book 936 in Book 350, and Supplemental Declarations thereto recorded July 15, 1997, in Book 1026 at Page 161, November 26, 1997, in Book 1043 at Page 850, February 10, 1998, in Book 1053 at Page 8, February 10, 1998 in Book 1053 at Page 30, May 1, 1998, in Book 1065 at Page 800, May 22, 1998 in Book 1069 at Page 58, August 24, 1998, in Book 1084 at Page 943, October 26, 1998, in Book 1094 at Page 517, August 17, 1999 in Book 1145 at Page 680, November 19, 1999, in Book 1161 at Page 293, September 23, 1999 in Book 1151 at Page 877, December 14, 1999, in Book 1164 at Page 755, July 17, 2000 in Book 1197 at Page 740 and May 8, 2003 in Book 1467 at Page 910. 11. Terms, agreements, provisions, conditions and obligations contained in Subdivision Improvements Agreement recorded April 6, 1995, in Book 936 at Page 444. 12. Easements and rights of way as contained in instrument recorded April 6, 1995 in Book 936 at Page 458. 13. Terms, conditions, provisions, obligations, restrictions, easements and rights of way as contained in Declaration of Golf Facilities Development, Construction and Operational easement recorded April 6, 1995, in Book 936 at Page 350. 14. Easement and right of way for access purposes, as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 354. 15. Easement as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part l -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part ll All I RPCM4 L AID Tit L• LIMX Page 6 Commitment No: 0601567-C recorded February 10, 1995 in Book 931 at Page 374. 16. Utility Easement as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 393. 17. Easement and right of way for temporary construction purposes, as granted by Southern Pacific Transportation Company to Aspen Glen Golf Company by instrument recorded February 10, 1995, in Book 931 at Page 412. 18. Terms and conditions of Resolutions by the Board of County Commissioners of Garfield County, Colorado, concerning the Aspen Glen Planned Unit Development and other matters, as set forth as follows: A. Resolution No. 92-056 recorded June 29, 1992, in Book 835 at Page 305 and amended by Resolution No. 97-38 recorded April 16, 1997 in Book 1015 at Page 617. B. Resolution No. 93-121 recorded December 28, 1993, in Book 887 at Page 824. C. Resolution No. 94-008 recorded February 2, 1994, in Book 891 at Page 620. D. Resolution No. 94-089 recorded August 9, 1994, in Book 911 at Page 791. E. Resolution No. 94-139 recorded December 13, 1994, in Book 925 at Page 345. F. Resolution No. 95-004 recorded January 17, 1995, in Book 929 at Page 64. G. Resolution No. 96-06 recorded February 9, 1996, in Book 966 at Page 682. H. Resolution No. 96-07 recorded February 9, 1996, in Book 966 at Page 686. 19. Terms, conditions, provisions and obligations as contained in Agreements recorded April 12, 1992 in Book 827 at Page 636 and recorded June 29, 1993 in Book 835 at Page 364. 20. Terms, conditions,provisions, obligations, easements and rights of way as contained in Agreements by and between Union Oil Company of California, Aspen Glen Golf Partners, Ltd., and the Aspen Glen Sanitation District recorded August 19, 1994 in Book 912 at Page 970 and recorded August 19, 1994 in Book 912 at Page 973. 21. Easements, rights of way and all other matters as shown on the Plat of Aspen Glen, Filing No. 1 filed April 6, 1995 at Reception No. 476330. 22. Amendment to Agreement by and between Aspen Glen Golf Company and Glenwood Irrigation Company recorded November 7, 2002 in Book 1404 at Page 604. 23. Easements, rights of way and all other matters as shown on the Plat of Amended Plat of Lot A9, Aspen Glen, Filing No. 1, filed June 17, 1997 at Reception No. 509682. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part l -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II All I RPCM4 LAME Tit L• ...l i.nn« Page 7 Commitment No: 0601567-C Commitment No. 0601567-C Disclosure Statements DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unified mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. § 10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Page 8 Commitment No: 0601567-C Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party." Page 9 Commitment No: 0601567-C Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38- 35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six monthsrior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 10 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239320300385 239329101012 239329101013 239329101014 239329102030 239329200210 239329200211 239329201006 239329201007 )239329201308 239329201009 239329201015 239329201091 239329402031 ROW Not available CARBONDALE 241 RIVERS BEND CARBONDALE 223 RIVERS BEND CARBONDALE 20 WHISPERING WATER CARBONDALE Not available CARBONDALE 4988 109 COUNTY RD CARBONDALE 4990 109 COUNTY RD CARBONDALE 372 RIVERS BEND CARBONDALE 404 RIVER'S 3END CARBONDALE 417 RIVER'S 3END CARBONDALE 375 RIVERS BEND CARBONDALE 36 WHISPERING WATER CARBONDALE 40 WHISPERING WATER CIR CARBONDALE Not available CARBONDALE Not available null ASPEN GLEN GOLF CLUB MANAGEMENT COMPANY PINOVA INVESTMENTS LLC GLEASON, NANCY J APPOINTIVE GST EXEMPT TRUST URIS, JILL CORYELL RANCH COMPANY, LLC HOFER, CHARLES J TRUST U/A/D 10/3/91 HOBBY, DAN R MARLOW, KEITH E & MICHELLE R BEINSTE!N. JERRY & LESLIE ASPEN GLEN A-3 LLC ASPEN GLEN A-8 LLC LAWRENCE, DEBORAH A LIVING TRUST HOLTZE, ELIZABETH A HOMEOWNERS ASSOCIATION OF THE CORYELL RANCH R830192 R830012 R830013 R830014 R005965 RO10010 R010011 9830006 2330007 R333003 R830009 R830015 R083469 R005966 PO BOX 790830 SAN ANTONIO, TX 78279 14140 VENTURA BLVD SUITE 302 SHERMAN OAKS, CA 91423 503 MARINA DRIVE PORT ARANSAS, TX 78373 20 WHISPERING WATER CIRCLE CARBONDALE, CO 81623-9107 PO BOX 21307 HILTON HEAD ISLAND, SC 29925 13340 NORTH 9TH DRIVE PEORIA, AZ 85381 4990 COUNTY ROAD 109 CAR3ONDALE, CO 31623-2387 372 RIVERS BEND CARBONDALE, CO 81623 0404 RIVERS BEND CARBONDALE, CO 81623 20 SUNSET DRIVE #1 BASALT. CO 81621 20 SUNSET DRIVE #1 BASALT, CO 81621 36 WHISPERING WATER CIRCLE CARBONDALE, CO 81623 330 GILPIN STREET DENVER, CO 80218 PO BOX 21307 HILTON HEAD ISLAND, SC 29925 1/1 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239329101002 239329101003 239329101004 239329101005 239329101010 239329101011 239329101012 239329101013 239329101314 p39329132333 239329200211 239329201006 239329201007 239329201008 239329201009 239329201015 239329201091 298 RIVER'S BEND CARBONDALE 318 RIVER'S BEND CARBONDALE 340 RIVERS BEND CARBONDALE 360 RIVERS BEND CARBONDALE 303 RIVERS BEND CARBONDALE 263 RIVERS BEND CARBONDALE 241 RIVERS BEND CARBONDALE 223 RIVERS BEND CARBONDALE 20 WHISPERING WATER CARBONDALE Not available CARBONDALE 4990 109 COUNTY RD CARBONDALE 372 RIVERS BEND CARBONDALE 404 RIVER'S BEND CARBONDALE 417 RIVER'S BEND CARBONDALE 375 RIVERS BEND CARBONDALE 36 WHISPERING WATER CARBONDALE 40 WHISPERING WATER CIR CARBONDALE ROW Not available null MORGAN 1999 REVOCABLE TRUST MT SOPRIS, LLC LEVIN, BARTON J & NANCY M DAG ASPEN LLC BOMERSBACK, ALLAN MICHAEL & CHERYL LYNN ROOS, T BENJAMIN & ELIZABETH PINOVA INVESTMENTS LLC GLEASON, NANCY J APPOINTIVE GST EXEMPT TRUST URIS, JILL CORYELL RANCH COMPANY, LLC HOBBY, DAN R MARLOW, KEITH E & MICHELLE R BEINSTEIN, JERRY & LESLIE ASPEN GLEN A-8 LLC ASPEN GLEN A-8 LLC LAWRENCE, DEBORAH A LIVING TRUST HOLTZE, ELIZABETH A R830002 222 WEST AVENUE #1401 AUSTIN, TX 78701 65 CURLEW ROCKPORT, TX 78382 340 RIVERS BEND CARBONDALE, CO 81623 629 SADDLEBACK ROAD CARBONDALE, CO 81623 PO BOX 310 CARBONDALE, CO 81623 263 RIVERS BEND CARBONDALE, CO 81623 R830003 R830004 R830005 R830010 8830011 2830312 2830013 2830314 2005955 R010011 R830006 R830007 R830008 R830009 R830015 R083469 14140 VENTURA BLVD SUITE 302 SHERMAN OAKS, CA 91423 503 MARINA DRIVE PORT ARANSAS, TX 73373 20 WHISPERING WATER CIRCLE CAR3ONDALE. CO 81623-9107 PO 30X 21307 HILTON HEAD ISLAND. SC 29925 4990 COUNTY ROAD 109 CARBONDALE, CO 81623-2387 372 RIVERS BEND CARBONDALE, CO 81623 0404 RIVERS BEND CARBONDALE, CO 81623 20 SUNSET DRIVE #1 BASALT, CO 81621 20 SUNSET DRIVE #1 BASALT, CO 81621 36 WHISPERING WATER CIRCLE CARBONDALE, CO 81623 330 GILPIN STREET DENVER, CO 80218 1/1 Garfield County Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 97fl-384.3470 October 2, 2018 Briston Peterson 20 Sunset Drive #1 Basalt, CO 81621 Reference: Amended Final Plat — Lot A-8 and A-9 (File No. FPAA-09-18-8684) Dear Mr. Peterson; Thank you for your application provided for an Amended Final Plat Review on the Parcels located at 375 and 417 River's Bend in Aspen Glen. Our completeness review included input from the County Attorney's Office and has identified several items that need to be addressed or clarified prior to a determination of technical completeness. Please respond to the following items: Legal Issues: 1. Please provide a list of property owner's within 200' as well as their associated addresses and the pre -application conference summary in the electronic version of the submittal. 2. Thank you for the mineral research. Please provide a summary of who the mineral owner is for the subject properties, as well as any available addresses. Planning Issues: 3. Please provide a statement describing if any drainage improvements have been built in the Drainage Easement and a statement as to whether or not your proposal will impact drainage from adjacent properties. 4. The provided Title Commitments need to be referenced on the updated plat. 5. A reference to the Codes Covenants and Restrictions needs to be included on the plat. 6. Please provide a statement indicating if there are Lienholders on the property. Once the above topics are addressed, Community Development can finalize its completeness review and schedule a date for the Director's Decision. Please note, that the Garfield County Land Use and Development Code requires that any technical completeness issues be resolved within 60 -days of the date of this letter. If not resolved in that timeframe, the application will be deemed withdrawn, unless a request for extension is submitted and approved. Feel free to contact me with any questions on this review or if you would like to meet to discuss these issues. Sincerely, ckE LA;01,_ Patrick Waller Senior Planner 2 I Page Aspen 41Oil 1S Site Carb VicinityMap scale 1" =1000' 20.0' Cooun ty of Garfield Setback Line 75' Utility, Dranage & Utility Purposes Easemen t N 83°02'31 if 28120' Foun Reba CURVE TABLE CURVE RAD/US LENGTH TANGENT CHORD CHD BRG DELTA C1 166.50' 48.61' 24.48' 48.44' S 8840'41" W 1643'45" C2 386.50' 122.92' 61.98' 122.40' N 7350'48" W 18 73'18" C3 19.00' 21.79' 12.27' 20.61' N 3152'55" W 6542'28" C4 60.00' 190.36' 3860.21 119.98' N 8955'4" W 181'46'51" BUILDING ENVELOPE LINE TABLE LINE TABLE LINE LENGTH BEARING' LINE LENGTH BEARING BEL 1 156.86' S 8129'03" E L1 9798' N 82 57'27" W BEL2 48.48' N 8520'22" E L2 31.04' N 64'44'09" W BEL3 2770' S 6528'33" E L3 125.08' S 89'51'57" W BEL4 54.89' S 2337'32" E BEL5 36.20' N 662228" E BELE 10784' S 2337'32" E BEL7 4731' N 66'2228" E BEL8 66.54' S 2340'42" E BEL9 7776' S 66 2228" W BEL 10 44.82' S 2274'56" W Ball 43.36' S 7832'54" W BEL 12 259.62' N 0734'55" W BU/LD/NG ENVELOPE CURVE TABLE CURVE RAD/US LENGTH TANGENT CHORD CHD BRG DELTA BEC1 101.50' 79.42' 41.87 7741' N 843'13" W 4450'4" Found No. 5 Rebar with 1 1/4" Yellow Plastic Cap, LS 15710 No. 5 with no cap k BEL2 i LOT A8 J7 BU/LD/NG m Se ENV LINEaz- TO BE ABANDONED 20.0' Cooun ty of Garfield Setback Line Buil to • 5 \ this 15.0' Cooun ty of Garfield Setback Line of Garfield Line Notice: Lo e 218 7,474 Sq Ft 2.008 A c. LOT A8 BU/LD/NG ENV LINE TO BE ABANDONED i i 75' Utility, Dranage & Utility Purposes Easement First A S-c;n �2 P1,1 /')17 Z C Aspen Glen, Fiing No. 1, Co un ty of Garfield, State of Colora d o The purpose of this plat is to eliminate the property line and easements between Lot A8 and Lot AN creating one lot and amending the building envelope as shown hereon. LEGEND AND NOTES: - Q INDICATES FOUND NO.5 REBAR WITH A YELLOW PLASTIC CAP L.S. NO. 15710 - • INDICATES FOUND NO.5 REBAR NO CAP i i AREA ADD BUIL EN 1 i i TO BE TO ING OPE 617 SQ. FT. rri Im 8ui/ding env. line to be Created with this p/at BE 0\Fisherman's Easemen t i i E_11 11. y5' Ut ity Egserp = t \ L3 7. ' Utility, Dranage & Utility Purposes 15.0' Setback Easement Line GRAPHIC SCALE C1 River's Bend Drive ra round No. 5 Rebar with 1 1/4" Ye/%w Plastic Cap, LS 15710 0 20 40 80 180 According to Colorado law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the dale of the certification shown hereon. ( DT FEET ) 1 inch = 40 ft. N \\ DATE OF SURVEY JUNE 20, 2018 UNIT OF MEASUREMENT US SURVEY FOOT - BEAR/NGS ARE BASED UPON A FOUND NO.5 REBAR WITH A YELLOW PLASTIC CAP L.S. NO. 15710 FOUND AT THE NORTHWESTERLY AND SOUTHWESTERLY CORNERS OF LOT 61. US/NG A BEARING OF S 0374'04" W BETWEEN THE TWO DESCR/BED MONUMENTS. - THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY TH/S SURVEYOR TO DETERMINE OWNERSH/P OR TO DISCOVER EASEMENTS OR 0 THER ENCUMBRANCES OF RECORD. ALL INFORMA TION PERTAINING TO OWNERSH/P, EASEMENTS OR OTHER ENCUMBRANCES OF RECORD HAS BEEN TAKEN FROM TITLE COMPANY OF THE ROCK/ES COMMITMENT DATED JULY 25, 2016 AS ORDER NO. 0600381-C FOR LOT A -8 AND TI TLE COMPANY OF THE ROCKIES COMMITMENT DATED JULY 23, 2018 AS ORDER NO. 0601567-C FOR LOT A-9. This property is subject to the exceptions listed in said title commitment, including: Restrictions, which do not contain a forfeiture or reverter clause, as contained in Master Declaration of Covenants, Conditions and Restrictions For Aspen Glen recorded April 6, 1995, in Book 936 in Book 350, and Supplemental Declarations thereto recorded July 15, 1997, in Book 1026 at Page 161, November 26, 1997, in Book Book Book Book Book Book Book 1043 at Page 1053 at Page 1069 at Page 1094 at Page 1161 at Page 1164 at Page 1467 at Page 850, February 10, 1998, in Book 1053 at Page 8, February 10, 30, May 1, 1998, in Book 1065 at Page 800, May 22, 1998 in 58, August 24, 1998, in Book 1084 at Page 943, October 26, 1998, / ddress: 517, August 17, 1999 in Book 1145 at Page 680, November 19, 1999, in 293, September 23, 1999 in Book 1151 at Page 87Z December 14, 1999T -in. 755, July 17, 2000 in Book 1197 at Page 740 and May 8, 2003 in 910. Certificate of Dedication and Ownership The undersigned , being sole owner in fee simple of all that real property being more particularly described as follows: First Amended Plat Lot A8, and of Second Amended Plat of Lot A9, County of Garfield, State of Colorado, recorded as Reception No. containing 175,694 Sq Ft 4.033 Ac., more or less, has caused the described real property to be surveyed, /aid out, platted and subdivided into lots and blocks as shown on this First Amended Plat of Lot A8, ASPEN GLEN, FILING' NO. 1 and Second Amended Plat Lot A9 FILING' NO. 1, a subdivision in the County of Garfield. The Owners do hereby dedicate and set apart all of the streets and roads as shown on the accompanying plat to the use of the public forever, and hereby dedicate to the Public Utilities those portions of said real property which are are labelled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities, including, but not limited to, electric lines, gas lines, telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easements and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this day of - A.D. 2018. By 1998 in - BASE FLOOD ELEVA 770N LINE WAS TAKEN FROM FEMA MAP PANEL 1856 OF 1900. NO. 0802051856B, DATED JANUARY 3, 1986. Title Certificate cQ AREA TO BE REMOVED FROM LOT A9 AND LOT A8 BUILD/NG ENVELOPE - 41,025 SQ. FT s AREA TO BE ADDED TO BUILDING ENVELOPE - 17,617 SQ. FT z> c ve LOT A9 BUILDING ENV LINE TO BE ABANDONED C1 - an agent authorized by a title insurance company, do hereby certify that / have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: DATED this ___ day of -, A.D., 2018. TITLE COMPANY Agen t County Commissioner's Certificate Based upon the review and recommendation of the Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended Final Plat this ___ day of A.D. 2018, for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction, repair or maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATTEST. Surveyor's Certificate County Clerk /, Jeffrey Allen Tuttle, do hereby certify that / am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete Plat of the First Amended Plat Lot A8, and Second Amended Plat Lot A9 Aspen Glen Filing No. 1 as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of the First Amended P/at Lot A8, and Second Amended Plat Lot A9 Aspen Glen Filing No. 1 as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, / have set my hand and seal this ____ day of A.D., 2018. Professional Land Surveyor: Jeffrey Allen Tuttle, P.L.S. #33638 923 Cooper Avenue Glenwood Springs, CO 81601 STATE OF COUNTY OF ss. ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of -, A.D. 2018 by My commission expires: WITNESS my hand and official seal. STATE OF COUNTY OF ) ss. ) Notary Public The foregoing Certificate of Dedication and Ownership was acknow/edged before me this day of -, A.D. 2018 by My commission expires: W/TNESS my hand and official seal. Notary Public Certificate of Taxes Paid /, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of , upon all parcels of real estate described on this Plat are paid in full. DATED this ___ day of A.D., 2018. Treasurer of Garfield County County Surveyor's Certificate: Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq. Dated this day -, A.D., 2018. Garfield County Surveyor Clerk and Recorder's Certificate: This Plat was filed for record in the Office of the C/erk and Recorder of Garfie/d County, Co%rado, at o'c%ck M., on this day of -, A.D., 2018, and is duly recorded as Reception No. Clerk & Recorder By. Deputy vi 0 W u_ 5 UPt&A O O O 00 EN 0 0� L • Patrick Waller From: Briston Peterson <briston@brikor.com> Sent: Thursday, October 11, 2018 1:16 PM To: Patrick Waller Subject: Mineral Interest Research - 417 Rivers Bend, Aspen Glen Patrick, Pursuant to the Garfield County Land Use and Development Code of 2013, Section 4-101 (E)(1)(b)(4), I performed research of mineral interests of the subject property through the records in the office of the Clerk and Recorder and to my knowledge the last know party to own the mineral rights of subject property is Helen Bond of The Sievers Ranch and Development Company and I have no knowledge of their address or how to contact this party. I spent two hours with Beverly Ebele at the Garfield County Recording Office and this is the most information the two of us could gather attempting to take the mineral chain back to patent. Please let me know if you need additional information. Briston Peterson BRIKO 0 970-923-3088 C 970-948-5597 E BRISTON@BRIKOR.COM www.BRIKOR.com Confidentiality Statement: This message is intended only for the individual or entity to which it is addressed. It may contain privileged, confidential information which is exempt from disclosure under applicable laws. If you are not the intended recipient, please note that you are strictly prohibited from disseminating or distributing this information (other than to the intended recipient) or copying this information. If you have received this communication in error, please notify us immediately by e-mail or by telephone at (970) 923-3088. Thank you. I 874952 03/18/2016 11:35:58 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded RECORDING REQUESTED BY ASSURED TITLE AGENCY AND WHEN RECORDED MAIL TO: Lynda F. Stokes 25655 Marsh Landing Parkway Ponte Vedra Beach FL 32082 (Above space for Recorder's use only) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made on March /7 , 2016, between E. CHESTER STOKES, JR. and LYNDA F. STOKES ("Grantors") and LYNDA F. STOKES, individually ("Grantee") whose address is 25655 Marsh Landing Parkway, Ponte Vedra Beach, Florida 32082: WITNESSETH, that Grantors for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, and State of Colorado, described as follows: LOT A-8, ASPEN GLEN FILING NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330; 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 Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantors, for themselves, and their heirs, successors and assigns, do covenant, grant, bargain and agree to and with Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except: (i) taxes for the year 2016 and subsequent years, a lien not yet due or payable, and (ii) easements, reservations, restrictions, agreements and other documents of record in the Offices of the Clerk & Recorder of Garfield County, Colorado. 874952 03/18/2016 11:35:58 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded Grantors 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 Grantors. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, Grantors have caused their nal s t; b ereunto s bsctihed the day and year first above written. E. C = ESTER STOKES, JR. STATE OF FLORIDA ) ) ss. COUNTY OF ST. JOHNS ) .5 ONES The foregoing instrument was acknowledged before me on March l f; 2016, by E. Chester Stokes, Jr. and Lynda F. Stokes. Witness my hand and official seal. My commission expires: KATHLEEN FLOYD MORAN ,1 MY COMMISSION #FF188546 =; eo EXPIRES January 11, 2019 1407) 398.0153 FloridallotaryServico,com l� 1-ao\9 Notary Public 2 1 111111 11111 1111111 11111 1111 111111 11111 111 111111111 1111 685466 10/31/2005 03:45P 81740 P949 M RLSDORF 1 of 2 R 11.00 D 70.00 GRRFIELD COUNTY CO Filed for record the day of ,A.D. , at o'clock M. RECORDER. Reception M. 8y DEPUTY. WARRANTY DEED THIS DEED, Made on this day of October 24, 2005 , between MARK A. MCCOY of the County of and State of KENTUCKY , of the Grantor(s), and E. CHESTER STOKES, JR. AND LYNDA F. STOKES t whose legal address is : 4315 PABLO OAKS CT, SUITE JACKSONVILLE, FL 32224 of the County of and State of FLORIDA , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $700,000.00 *** Seven Hundred Thousand and 00/100 *** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, Lying and being in the County of GARFIELD and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF � also known as street number 0417 RIVERS BEND CARBONDALE CO 81623 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion end reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances) TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs and assigns forever. The Granter(s), for himself, his heirs and personal representatives, does covenant, grant,: bargain, and agree to and with the Grantee(a), their heirs and assigns, that et the time of the ensealing and delivery of these presents, he is welt seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible I, estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other 1, grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soevar, Subject to flare/ carer for the y..r 2505 and Ohms. ep.oitlo Yaa.ptioaa demos -Mod by referent Co r.enrd.d doaur.ac. . reflected In the reel. Doouaaeee ."nrpt.d by Orant..fet in accordance with ywetoa B. Mel* k.r1.r) of the Ceaerane to Buy and 4011 noel Maters relating to the above described property; dietributtem utility .ar.a.nt, (Incfediag 0.b2. Tr)/ rbn.e ap.aifi..Ily d.e.ribod rigbe* or third Gamier mut shown by the pnb13e x.eorda of wbiab Greet..(.) has antu.l knowledge and which wore wov.pted by aranta.(.) in aneord..oe rich action eh (Ratter. not shown by tb. Pnblie Record.) sod 6.oetnc to (6urvry Baylor) of ab. contract to May and 6.12 Brat Batata r.latinp to the abore d..nrdb.d real pr perry; 3nolaaiee of the Prnp.rty within any pee1a2 tax d3.tx2ut; and, tbo boned -ft end burden* of any d.o14raelee•.n0 party rat1 • agreement., If any and other Sour* The Grantee(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns] againsr all and every person or persons lawfully claiming the whale or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all ganders. IN WITNESS WHEREOF the Crantor(s) has executed this de�det toroth a Lj►�]Jj I STATE OF i r J�i /et rt_ .7/ , s.. county of I Tall'4,4 4 By: MARX A. MCCOY The foregoing instrument was acknowledged before me on this day of oetcb.r 24. 2005 by 1ARr 4. MCCOY My commission expires S'i').o6 7 Witness Pry hand and official seal. : • Notary Public Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.S.) Escrow# CB247514 When Recorded Return to: E. CHESTER STOKES, JR. AND LYNDA F. STOKES Title# GW247514 4315 PABLO OAKS CT, SUITE 1 JACKSONVILLE, FL 3222 08/29/04 WDJT1 WARRANTY DEED (Joint Tenants) Printed: October 2D, 2005 (2481818) �3L -10 i� z 1111111 11111 11E1E11 11111111111111111111111 AIM 665466 10/31/2095 03:45P 61740 P950 M ALSOORF 2 of 2 R 11.00 D 70.00 GRRFIELD COUNTY CO EXFIIBIT A LOT A-8 ASPEN GLEN FILING NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330. COUNTY OF GARFIELD STATE OF COLORADO Form EXHIBITA 01/17/03 GW247514 880117 07/25/2016 09:47:19 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $75.00 eRecorded WARRANTY DEED THIS DEED, made this 25th day of July, 2016, between LYNDA F. STOKES whose address is 25655 Marsh Landing Parkway, Foote Vedra Beach, FL 32082, GRANTOR(S), and ASPEN GLEN A-8 LLC, A COLORADO LIMITED LIABILITY COMPANY whose address is 20 Sunset Drive #1, Basalt, CO 81621, GRANTEE(S): WITNESS, that the grantor(s), for and in consideration of the sum of SEVEN HUNDRED FIFTY THOUSAND AND 00/100 DOLL.RS (8750,800.00). the receipt and sufficiency of which is hereby acknowledged, has granted. bargained, sold and conveyed, and by these presents dors grant, bargain, se!I, convey and confirm Unto the grantees, grantee's heirs and assigns forever. all the real property, together with improvements, if any, situate, lying and beteg in the County of Garfield and State of Colorado, described as follows: Lot A-8, ASPEN GLEN FILING NO. 1, according to the Plat thereof filed April 6, 1995, at Reception No. 476330. also known by sheet and number as: 417 River's Bend, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereunto beelonging, or iu anywise appertaining. and the revesioa and reversions, remainder and remainders, rents, issues and profits thereof and ail the estate. right, title, interest, claim and demand whatsoever of the grantor. either in taw or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. trnlo thc grantee, grantee's heirs and assigns forever. The grantor, for the grantor, gssutot's heirs, and personal representatives, does cavenanl, grant. bargain and agree to and with the grantee, grantees heirs and assigns, that at the time of the cnsraling and delivery of these presents, grantor is well selxed of the premises above conveyed, has good, sure, perfect, absolute and indaafeasibic estate of inheritance, in law, in fee simple, and bas good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and fiat the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature shover, except general taxes for the current and subsequent yenta, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in thc quiet and peaceable possession of the grantees, grantee's heirs and assigns, against al] and every person or persons Iawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. SS the for has executed this deed on the date set forth above. Lynda State of Colorado County of Garfield § The foregoing instrument was acknowledged, subscribed and swom to before me this 25th day of July, 2016 by Lynda F. Stokes My Commission Expires: WitnAssmy Haad Offici I Seal MARY I.r 601.1EurtieH Np'r AFW PURI -13 STATE OF COLORADO NOTARY ID #19974007954 My Commission Expires May 22, 2017 GENERAL WAaeo.rry DEED - PHOTGR vwc RECORD Notary Public f QIP° 4 �`e �a'� TITLE COMPANY 0600381 m7 493904 B-980 P-277 06/03/96 03:57P PG 1 OF 1 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 6.00 55.00 THIS DEED , Made this day of May 31, 1996 between ASPEN GEN GOLF COMPANY, A COLORADO MUTED PARTNERSEEM of the County of GARFIELD and State of Colorado, of :he First part, and MART{ A. MCCOY FILIIC STAMP P.O. 390fX 4023, whose legal address is ASPEN, CO 81612 of the County of PT= and State of Colorado, of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the sum of (***050,000.00) FIVE HUNDRED FIFTY THOUSAND DOLLARS AND O0/100THS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described Lot or parcel of Land, situate, lying and being in the C�iyAGARFIELD ELD and State of Colorado, to wit: ASPEN GLEN FILM NO. 1 ACCORDING TO THE PLAT =RAW RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330. COUNTY OF GARFIELD STATE OF C171,CRADO also known as street number VACANT LAND TOGETHER with all and singular and 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 said party of the first part, either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that et the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee siapLe, and has good right, full power and lawful authority to grant, bargain, sell end convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1996 AND SUBSEQUENT YEARS, ARD SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF SLILY OF RECORD, IF ANY; and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. 4.•• of o ewer ■s'r•15' WRADO COLIMITED 2ARMEiSHIP EY • MAlaGEMENT CCNiPANY FOR ASPEN MEN, A COLORADO air "sr . TTCM, ITS STATE OF COLORADO GENERAL PA 'R County of AdINAO GARFIELD ss. E' • :rel•its% t ma PRESIDENT The foregoing instrument was acknowledged before me on this day of May 31, 1996 , by GD3? R.. RATTL Y, JR., VICE PRESIDn T OF h�ISr CUMPANY FOR ASPEN GLEN, A COLORADO CORPORATION, GENERAL PARTNER OF ASPEN GLEN GOLF C MPANY, A COLORADO L]X . ART My. beieissiori•expires Deter 23, 1996 Ll,tness my.hand'and official seal. (SEAL) (SEAL) Form WD WARRANTY DEED - For Photographic Record CW120825.220825 CW220825 _ J No ary Public / l Aspen Glen Realty 9929 Highway 82 Carbondale, CO 81623 (SEAL) 017 493904 B-980 P-277 06/03/96 03:57P PG 1 OF 1 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 6.00 55.00 THIS DEED , Made this day of May 31, 1996 between ASPEN GLEN GOLF =PANIC, A COLORADO LIMITED PARMERIMMER of the County of GARFIELD and State of Colo. ada, of the first pert, and MARK A. iY FrT.TTLC STAMP P.Q. BOX 4023, whose legal address is ASPFN, co 81612 of the County of PIT and State of Colorado, of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the sum of (***$550,000.00) FIVE HUNDRED FIFTY THOUSAND DOLLARS AND 00/100THS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the C�iyAIELD off GARFand State of Colorado, to wit: ASPEN GLEN FILING NO. 1 ACCORDING TO THE PLAT TEEEEOF RECORDED APRIL 6, 1995 AS R1"rCN NO. 476330. COMITY OF GARFIELD STARE OF COLORADO also known as street nunber VACANT LAND TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining, end 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 said party of the first part, either in law or eq]ity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee siapLe, and has good right, full power and Lawful authority to grant, bargain, sell end convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, Liens, taxes, assessments and encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1996 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; and. the aboved bargained premises in the quiet and peaceable possession of said party of the second part, lite heirs and assigns against all and every person or persons Lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. STATE OF COLORADO County of GARFIELD e ss. •S9. 6' e1/r7% Ciel' Fa'r •1'' • GADO rL__T>w'rrRD EAT TNERSFIIP BY • BANAGidialT C CI IPANY FOR ASPEN- GLEN, SPSGLEN, A [ I IRA'DO u' . - a ' ON, ITS GENERAL PARTNER (SEAL) (SEAL) EY: GEORGE R. PRESIDENT The foregoing instrument was acknowLedged before me on this day of May 31, 1996 , by GEORGE R. fl7 1I .IR. , VICE PRmSIIlL2+TT OF ' TT' CCMRANY FOR ASPEN GLEN, A COLCRAD0 {N, GENERAL PARTNER OF ASPEN GLEN GOLF OCMPANY, A COLORADO LINECIED--FSP My,tasrnission'expires DE bar 23, 1996 Witnreo my•hard"ard official seal. Form WD WARRANTY DUD - For Photographic Record (W220825.220825 CW220825 //1(EP Ho ary Public (SEAL) i Aspen Glen Realty 9929 Highway 82 Carbondale, CO 81623 RECORDED AT REC. # 412740 O'CLOCK (-7 .M. MILDRED ALSDORF. COUNTY CLERK GARFIELD COUNTY. C0L0RADC AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT Hi'iLEN BOND as General Partner of SIEVF.RS RANCH AND DEVELOPMENT COMPANY and AUGUST T. ZANCAN131.LA, the undersigned Affiants being first duly sworn upon thereof, depose and state as follows: 1. The Sievers Ranch and Development Company is the owner of real property in the unincorporated area of Garlicld County, which is described in a Quit Claim Deed recorded on January 8, 1987, in Book 703 at Page 121 as Reception No. 377996 of the Garfield County records. August T. Zancanella is the owner of real property in the unincorporated arca of Garfield County which is described in a Warranty Deed recorded on May 8, 1950. in Boo!: 250 a! Page 271 as Reception No. 172106. 3. The respective owners are desirous ot•adjusting the boundary lines of our property and the Affiants sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 4. The respective owners have exchanged quit claim deeds with each other for the purpose of adjusting their boundaries, which deeds were recorded on February 26, 1990, as Reception Nos. 410221 and 4102222 in the records of Garfield County. 5. The Affiants hereby represent that no new lots will be created and therefore, than Garfield County will not be required to issue any building permits, other than what it would he required to issue for the already existing parcels. 6. The Affiants hereby represent that neither of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record. 7. The Affiants hereby represent that the boundary line adjustment made reference to herein will not cause the loss o► access by road or to utilities. to any parcel of property involved. 8. The Affiants hereby represent that a copy of this Affidavit will be recorded with the Garfield C:otrnty Clerk and Recorder. FURTHER AFFIANTS SAYJ:'fH NOT. DONE this 'day of , 1990. S1EVf?RS RANCH AND DE:Vf:LOl'111EN'F COMPANY Helen Bond as Cicnertl Partner &Ge-Teee,24- Augusecc. Zancanella • STATE OF COLORADO ) • " /I.R F/51 -D ) ss. COUNTY OF ASE ) BOOK 779 PArf 485 The foregoing document was sAascribed and s orn to before me in the County of Arapahoe, State of Colorado, this /r bday of • , 1990, by Helen Bond as General Partner of Sievers Ranch and Develop Company. t_ . f WITNESS my hand and official seal. 1:;;,?)' M Commission expires: /� /, 9 3 Notary Public STATE OF MONTANA ) • ) ss. COUNTY OF YELLOWSTONE ) The foregoing document was sub ibed and sworn to liefore me. in the County of Yellowstone, State of Montana, this ay of 6 by August T. Zancanella. WITNESS my hand and official seal. My commission expires: ate --75,4,.../ , /99t .. _ "iii , .�, , 1990, NOTARY P1.O!?I_I3 for Ise S:nta of Montana padding nt nillinr Montana My B6mrnIsslan Exn!ra: 07:tober 1, lei. Recorded at _ Reception ND JAN corder. QUIT CLAIM DEED j THIS DEED, 47ade ,his •a 3 da_ of , .1986 , between Dorothy Holmes Spratlin in Joint Tenaiiey with Car Olson and Helen Miller, Lee Holmes, Barleigh'R. Holmes, Jr., Harleigh R. Holmes; III, Deborah Ann Holmes; and Helen Bond of the *County of • and State of Colorado, grantor(s), and The Sievers Ranch and Development Company; a Colorado General Partnership - whose legal address is of the .7149 South Curice Street, Littleton, Colorado 80120 County of Arapahoe GARrIELD JAN 08 1987 State Doc. Fee and Statc of Colorado, grantee(tq, WITNESSETH, That the grantor(s), for and in consideration of the um -of Ten Dollars ($10.00) and other good and valuable consideration DOLLARS the receipt and sufficiemy bf Miles is hereby acknowledged, ha ve neinised, released, sold, conveyed arta QUIT CLA IED, aria6y these presents do remise, release. sell. convey and QUITCLAIM unto the kranteef4, Lts heirs, successors ant,! asigns. forever. all the right, title, interest, claim and demand which .the grantor(s) have in and to the real property, tugethcr with improvements, if any, situate, Tying and being In the County of Gar £leld and Stale of Colorado, described as follows: - f See attached Exhibit A TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging onto anywise diereadiaappertaining,and all the estate, right, titin, interest and claim whatsoever. of the grantor(s), either in law or equity, to the only proper use, benefit and•beltoof df rim granteefsa, its heirs and assigns forever. 1{vf�VITNF,SSS4VHEREOF. The grantor(%) have. executed this decd on date set forth above. Aor 't H 11111 men S,'/r in .' C41-1:710 on hJ-E�f2d /„ �°ap req .i en li r 1 Le H4 mes a� �a Woe V i ggPa: ea 1� l�almes, J + ILarI ei R�mes , III poo e.oraT/=an 'o mes STATE OF COLORADO, -' elen Bond j ss. - County of l�7 T he foregoing ire Tennent was acknowledged before me this of 3 .day of x ems..-L/^a ;1986 , by Dorothy Holmes Spratlin, Carol -,Olson, Iielen Miller, Lee Holmes, 1Iar1eih R. . Holmes ,...Jr., Harleigh R. Ilo.lmes, III, Deborah Ann Holmes, and Helen Bond. rtris_com;itss,ion expires 'If-iu Heaver, insert "City and" c(-1_0( j Lo g?:. ,19 . Witness my hand and official seal. din aa1�.� No. 933. Rev. 3-85. • QUIT CL.ALM DEED nndto:d 1`ublin:ing, 585 W 60h Ave.. Lakraood. CO 50211—(303) 233-6900 gnaw 03 P.cE.122 EXHIBIT "A" Lot Twenty-three (23), Lot Twenty-five (25), in Sectio„ numbered Twelve (12)1 Lot One: (1), Lot Three (3), Lat Four (4)r Lot Six (6), Lot Soren (7), Lot Eight !8), Lot Nine_: (9) Lat Ten (10), Lot Eloesn (11), Lot Twelve (12), Lot Thirteen (1))x, Lot Foutenn . (1b)_ Lot Fifteen (15), and Lot Steen (16) in Section numbered Thirteen (13); Lot One (1) and Lot Two (2) In Section numbered Twenty -tour (2b), except all of that land in Lot Two (2) Section Twenty -tour (24), Township Seven (7) Booth, Range Eighty -min. (89) float of the Sixth P.M. in Garfield County, lying and being Southerly of a line deecribed aa follower Beginning ata point whets the present Crystal River Ranch fence lire croeeee the Easterly boundary of said Lot Two (2), thence Meet, 33° North to the Westerly Bounder, of Lot.Two (2), containing approximately 11 acres, more or leas; All in Township Seven (7) South, Range Eighty-nine (89) West of the Sixth Pe.M. Lat 'Four (4) , Lot Nine (9) , Lot. Ten (10), Lot Eleven (11) , Lot Fourteen (14) , Lot Fifteen (15), Lot Sixteen (16), Lot Seventeen (17) and all that portion of the South One -Heft Southeast One -Quarter (sIsek) except as to the North 10 acres of the South- weet One -Quarter Southeast Onn-fluarter. (Sd SEk) , situate on the Weeterly and Southerly sides of the channel of the Roaring Fork River all in Sectionnu_+nber.d Eighteen (18), and Lot One (1), int Three (3)a Lot Pour (b), Lot !rive (5), Lot Six (6), Lot risen (7) and Lot Ton (10) , and a•11 that part of the Northeast Ons -Quarter Northsait One - Quarter (NEL E4) aitttate on the southwesterly side of the channel or the Roaring Fork River, and all that l trt of Lot numbered Eight (8) Lot Nino (9), Lot ruleven (LL), Lot Twelve (12), Lot.Fifteen (15)■ Lot Sixteen (16) and Lot Seventeen (17) situate Northeasterly of a line described ars beginning at the corner common tcScotian■ numbered Nineteen (19), Twenty (20), Twenty—nine (29) and Thirty (30) in Township Server[ (7) South, Range Eighty—night (88) West of the Sixth P.M.I 'thence Horth 605.9 feet; thence NoEt.h 32°311 [Went 12133 feet; thence Nort'; 47°201 West. 1561.8 feet and thence North SI 571 West to the Townaliip line between Rerng.i numbered Eighty—eight (Rd) and 'Eighty- nine (89) Weet, all in Section Nineteen (19), and all that part of Lot Eight (8), Lot Nine (9) and Lot Thirteen (13) in Section Twenty (20), lying Westerly of the center line of the Roaring Fork River, all in Township Seven (7) South, Range ISighty-eight. (88) West of the Sixth P.M. together with all •nri singular the rights therein, frtttures therrrm and appurtenance therrunto belonging or In enroise appertaining, whether now or hereafter scquirtd, which shall Include, without limiting the generality ad the fixer: tg. the following: All of the rents, issues and profits, includingell rents, royalties., banners or other income under any eructing or future oil, gas or mineror other leases; all saaernenta and rights of way; and all rights of homestead exemption, and All water, water rights. whether riparian, spprnpriative or otherwise and whether or not ap- purtenant. all ditch rights. and any.ehares of stock evidencing any such water or ditch right. and All leases, permits, allotments, licenses and privileges, whether or not appurtenant. from the United States or the State of Colorado, or any Department or outer agency of either for grazing, feeding, pasturing or agricultural purposes on tiny of the public lands of the United States or the State of Colorado, and All buildings and the plumbing, heating, ventilating and lighting assume end equipment therein; all barn equipment.; end all.pumpe, pumping etatinns, motor, switch !ward and trans- formers', engines, machinery, reservoirs, piles, flouted, and other equipment used fur the pro- duction of water nn nail premises is. kw the irrigation or drsi:»ae thereof, and arty such ay -stens or equipment shall I,e cunstrwrd and aoP_..Jersd as affixed t4 :;:end pert of the realty and subject to all provisions hereof. RECORDED :i1;.i; f O'CLOCK/7.M. NOV kms+ I'." MILDRED .4LSDORF, STATE OF COLORADO J )ss. COUNTY OF GARFIELD } 5 1992 COUNTY CLERK lMt 81 ) ph -..,F6:7. At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs on Monday the 2nd day of November, A.D., 1992, there were present: Arnold L. Mackley , Commissioner Chairman Marian I. Smith , Commissioner Elmer (Buckey) Arbaney , Commissioner Don K. DeFord , County Attorney Mildred Alsdorf , Clerk to the Board when the following proceedings, among others were had and to -wit: RESOLUTION NO. 92- 096 done, RESOLUTION CONCERNED WITH VACATING ANY PUBLIC RIGHTS IN A ROAD CROSSING SIEVERS RANCH, GENERALLY LOCATED IN PROXIMITY TO COUNTY ROAD 109 WHEREAS, the Board of County Commissioners of Garfield County has been requested to vacate and relinquish any claim of the public in a road crossing private property as described below; and WHEREAS, the road set forth below is no longer needed as a public right-of-way; and WHEREAS, the Board of County Commissioners of Garfield County is entitled to vacate the rights and claims of the public to any road pursuant to the provisions of Section 43-2-301(1)(b), C.R.S., as amended. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, as follows: 1. That to the extent Garfield County or the public may claim or hold any right in the road crossing Sievers Ranch as described in Exhibit A attached hereto, said road is hereby vacated as a public right-of-way. 2. That pursuant to the foregoing vacation, and to the extent that said road may be a public right-of-way, such right-of- way shall vest in title to the adjoining property as set forth under the provisions of Section 43-2-301, et seq., C.R.S., as amended. 1 3. That the foregoing vacation does not leave any property adjoining said road without an established road connecting said land with another established public road. 4. That the vacation of the foregoing road does not leave any public land without access to a public road. 5. That Garfield County hereby reserves the right for continued use of said road for public utility purposes to the extent that utilities are currently in place and utilizing said road. DATED this 2nd . V 1 ATTEST;• • day of November, 1992. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO F�• _ By -• lerk to the Board / Chairman • Upon motion:;duly made and seconded the foregoing Resolution was adopted by.the'following vote: Arnold L. Mackley Aye Marian I. Smith Aye Elmer (Huckey) Arbanev Aye Commissioners STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) I, Mildred Alsdorf, County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners •2 ,7 Gi)@K 84E; PM 6.L7 EXISTING PRIVATR ROAD DESCRIPTION ALONG APPROXIMATR C$sTERLIN$ OF ABANDON= MIDLAND RAILROAD A STRIP OF LAND BEING THE EXISTING PRIVATE ROAD OVER THE APPROXIMATE CENTERLINE OF THE ABANDONED MIDLAND RAILROAD BED, SITUATED IN LATS 5, 6, 7, 8, 11, AND 12 OF SECTION -13, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND IN LOTS 16 ANI) 17 OP SECTION 18, AND IN LOWS 3, 4, 5, 6, 7, AND 9 OF SECTION 19, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF TFtE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PRIVATE ROAD BEING APPROXIMATELY 12 FEET IN WIDTH, THE APPROXIMATE CENTERLINE OF SAID PRIVATE ROAD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS! COMMENCING AT TUE NORTH QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE; THENCE S 42445/12u E 2564.81 FET. TO A• POINT ON THE SOUTHERLY EDGE OP AN EXISTING GRAVEL ROAD REFEREED TO IN RECEPTION NO. 280985 OF THE GARFIELD COUNTY CLERK AND RECORDER'S RECORDS, ALSO BEING A POINT ON SAID CENTERLINE, 2E-- MIT. Q -BF- IS T THENCE S 03408'42" E ALONG SAID CENTERLINE 76.81 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 30423'57u E 1756.70 PEZT s THENCE CONTINTJING ALONG SAID CENTERLINES a0'37'18" E 2488.98 FEET; THENCE CONTINUING ALONG SAID CENTERLINE 5 30'08'45" $ 1152.27 FEET TO A POINT ON THE NORTHEASTERLY RIGHT -OF --WAY OF COUNTY ROAD NO. 209, la TE$ti j5; WHENCE THE NOUTI-I QUARTER CORNER OP SAID SECTLON 13 BEARS N 34 0.9'20" W 7982.58 FRET. 4/27/92 REV. 4/28/92 91042.001 (AFFECTING MOBIL PRE -MIX) EXHIBIT "A" RECORDED AT 4- O`CLOCK 0.fM. JUN 2 9 1992 FEC P 436262 MILDRED, ALSDORF, COUNTY CLERK STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) 4OOK 835 p,r3O5 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs on Monday, the 29th day of June, 1992, there were present: when the to -wit: Arnold L. Mackley , Commissioner Chairman Marian I. Smith , Commissioner Elmer.(Buckey) Arbaney , Commissioner Don R. DeFord , County Attorney Mildred Alsdorf , Clerk to the Board following proceedings, among others were had and done, RESOLUTION NO. 92-056 RESOLUTION CONCERNED WITH THE APPROVAL OF AN APPLICATION OF THE ASPEN GLEN COMPANY FOR THE ASPEN GLEN PLANNED UNIT DEVELOPMENT REZONING AND APPROVAL OF ITS PLAN WHEREAS, the Aspen Glen Company has filed an application with the Board of County Commissioners of Garfield County, Colorado, for approval of the Aspen Glen Planned United Development rezoning and its Planned Unit Development plan; WHEREAS, the Board of County Commissioners has now considered that application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, that based upon the evidence, sworn testimony, exhibits, study of the comprehensive plan for the unincorporated areas of Garfield County, comments from the Garfield County Department of Regulatory Offices and Personnel, and the Garfield County Planning Commission, and comments from all interested parties, this Board enters the following findings and conclusions: FINDINGS 1. The application was filed with the Regulatory Offices and Personnel Department of Garfield County on March 3, 1992, and referred to the Planning Commission on March 9, 1992. 1 DOCK CE C 6 2. The Garfield County Planning Commission reviewed the application and recommended approval of the application with certain conditions on May 7, 1992. 3. The Board of County Commissioners established a date for public hearing on the application to commence on June 1, 1992 at 2:00 p.m. 4. Pursuant to evidence produced at the public hearing on this application, the Board finds: a. All property owners adjacent to the property that is the subject of this application received notification of the date, time and location of the above referenced public hearing by certified mail, sent at least fifteen (15) days prior to the commencement of the hearing; b. Notification of the public hearing was published in a newspaper of general circulation at least thirty (30) days prior to the commencement of the hearing; c. The substance of the mailed and published notifications substantially informed interested parties of the subject matter and location of the requested rezoning. d. The Board of County Commissioners has jurisdiction to conduct the public hearing on the application and render a decision thereon. 5. The hearing before the Board was extensive and complete, that all pertinent facts, matters and issues were submitted, and that all interested parties were heard at the hearing. 6. Pursuant to Section 4.02 of the Garfield County Zoning Resolution of 1978, as amended: a. The PUD will provide necessary commercial and recreational facilities conveniently located to housing; b. The PUD zone district text and map direct the dwelling type, bulk, density and open space in a manner consistent with existing zoning laws; c. The PUD provides a variety of housing types in a layout allowing for open space ancillary to the buildings; d. The PUD will provide a more efficient sewage disposal system through the development of a regional wastewater treatment facility; 2 BOOK B35 p,eE3U7 e. The PUD will minimize the traffic burden through the development of an upgraded State Highway intersection and the improvement of County Road 109 at the partial expense of the developer; f. The PUD, if developed to its full extent, will result in an increased assessed valuation to the property; 'g. The PUD process was used to develop a plan for the area that preserves the site's relationship to the river, valley floor, and adjoining hillsides; h. The PUD will be developed in phases consistent with the ability of the infrastructure's capability to meet the development's needs. 7. The PUD, subject to strict compliance with conditions set worth herein, is in general conformity with the Garfield County Comprehensive Pian, pursuant to the provisions of Section 4.04 of the Garfield County Zoning Resolution of 1978, as amended, and Section 24-67-105(1), C.R.S., as amended. 8. Subject to Section 4.07.01 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners herein find that subject to strict compliance with the conditions set forth herein, the Aspen Glen Planned Unit Development will meet the standards and requirements of Section 4.00, et seq. of that Zoning Resolution. 9. The requirements of Section 4.07.03 of the Garfield County Zoning Resolution of 1978, as amended, are met as follows: a. Subject to the conditions set forth herein, the impacts of the PUD and its surrounding area are appropriate with all unreasonable adverse affects being minimized; b. The proposed PUD provides adequate internal street circulation fcr the traffic generated by the development. The private internal streets provide adequate access for fire and police protection, as well as bicycle traffic; c. Under the conditions set forth herein, the PUD provides adequate parking for all proposed uses; d. Under the terms and conditions set forth herein the Aspen Glen PUD provides common open space that is adequate both for the usage of its own residents, as well as members of the public. Through .use of dedicated public areas, as well 3 BOOK 835 PACE308 as common open space, the natural features of the terrain, including the Roaring Fork River, the wetlands, and wildlife habitats are preserved and incorporated within the development; e. Under the terms and conditions set forth herein, the Aspen Glen PUD provides for a variety of housing types including single family units on various lot sizes and multiple family units. Additionally, commercial and recreational facilities necessary for the enjoyment of the development are provided on site. The common open space provides a variety of recreational activities including golf, boating, fishing, hiking and horseback riding; f. Under the terms and conditions set forth herein, adequate privacy is provided between the dwelling units through lot sizing, building envelopes, and architectural control; and g. Under the terms and conditions set forth herein, the PUD provides pedestrian ways and trails abutting natural terrain features to and along recreational features including the golf course for internal pedestrian circulation. 10. Subject to the conditions set forth herein, and pursuant to the terms of Section 4.07.04 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners hereby waives and modifies the maximum building height limitations to allow an increase in heights for the following reasons: a. Under the conditions set forth herein, the increase allowed will have little affect on surrounding slopes and mountainous terrain; b. Under the terms and conditions set forth herein, and pursuant to agreements with adjacent landowners, the visual affects on adjacent sites will be minimal; c. There will be no extreme contrast or influence upon vistas and open spaces for the building heights allowed herein; and d. The uses of the buildings for which building height increases are sought are of a magnitude requiring increased height. 11. The proposed PUD, under the terms and conditions set forth herein, will allow clustering of development in some areas permitting the creation of additional open space. 4 BOOK 835 vi,,g3O9 12. The overall density of the development, under the terms and conditions set forth herein, and pursuant to the provisions of Section 4.07.06 of the Garfield County Zoning Resolution of 1978, as amended, will allow development of less than four (4) dwelling units per acre. However, no transfer of densities within the PUD shall be permitted from those zone districts and densities approved herein under the terms and conditions set forth herein. 13. The PUD exceeds the minimum number of acres required for PUD size. 14. More than 25% of the PUD is devoted to common open space. 15. Under the terms and conditions set forth herein and pursuant to the PUD Development Plan attached hereto as an exhibit, the PUD demonstrates the location and total acreage for each proposed use together with the limitations on lot size and total density within each use. 16. Pursuant to the conditions set forth below, all uses by right, conditional uses, minimum lot areas, minimum lot coverage, minimum set backs, maximum height of buildings, and all other use and occupancy restrictions applicable to this PUD are hereby approved by the Board of County Commissioners as set forth herein. 17. Pursuant to the provisions of Section 4.08.05 of the Garfield County Zoning Resolution of 1978, as amended, the applicant included in their written request for PUD rezoning all of the following: a. A statement of ownership interest and written consent of all property owners; b. A proposed plan indicating the maximum number of dwelling units, the minimum acreage, dedicated common open space, type of proposed uses and acreage devoted to uses, a proposed major internal circulation system, the acreage dedicated to school sites or payment in lieu thereof, the general location of commercial sites within the PUD, the manner in which provision for water, sewer, telephone, electric, and gas would exist, and other .necessary restrictions sought by the applicant; c. A regional location map showing the location of the proposed PUD in relationship to connecting roads and other public facilities; d. A site map indicating the boundaries of the PUD, its acreage, existing structures, and existing zoning; 5 tooK 835 ?wE3i O e. A site topographic map with five feet contour intervals was tendered. Additionally, a map indicating floodplains and wetlands was submitted; f. Under the conditions set forth below requiring amendment of the legal description, a legal description of the area which the applicant wished to include in the PUD was tendered; g. The applicant tendered a written statement setting forth the objectives to be achieved by the PUD, a development schedule, which subject to the conditions set forth below contained beginning and completion dates for construction, copies of covenants, conditions and restrictions, which have now been amplified as set forth herein, a list of property owners within three hundred feet (300 ft.) of the boundaries of the PUD, and a statement by a licensed engineer that provided information concerning the proposed source of water to the PUD, a proposed method of sewage treatment, which statement has now been modified pursuant to the conditions set forth herein, the general manner in which storm drainage will be handled, subject to the conditions set forth herein, and a general manner in which provision would be made for potential natural hazards, including landslide areas, floodplain areas, and unstable soils, all of which are subject to the conditions set forth herein; h. Easements, or the right to obtain easements for vested legal access for ingress and egress to a public road have been provided; and i. The PUD, subject to the conditions set forth herein, will be designed with the consideration of the natural environment of the site and surrounding area, and will not unreasonable destroy or displace wildlife, natural vegetation or unique feature of site. 18. Subject to the provisions of Section 4.08.06 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners find that no portion of the PUD conditionally approved herein may be occupied until appropriate final plats have been approved by this Board. CONDITIONS OF APPROVAL The foregoing findings are specifically entered subject to the adoption of and strict compliance with the conditions set forth 6 500K 835 e,1 E i_Li below. Such conditions are a result of consideration of all evidence, including extensive public comment. STATE HIGHWAY 82 1. Prior to consideration of a Preliminary Plan application as defined by the County Subdivision Regulations, the applicant will obtain necessary access permits for State Highway 82 (SH 82), the access to the equestrian facility, and the emergency access proposed south of the primary entrance point to the project. These plans shall include an assessment of a pedestrian crossing between the Equestrian Area and the primary portion of the development west of SH 82, as well as an assessment of the need for signalization at the intersection at some point during the course of development. The construction of the primary entrance from SH 82 will be constructed during Phase III of the project. 2. The applicant will submit a design for an at -grade crossing of the Denver and Rio Grande Railroad Right -of - Way consistent with Public Utilities Commission standards as a part of Preliminary Plan submittal. 3. At the time of Preliminary Plan submittal, the applicant, with the cooperation of the Roaring Fork Transit Agency (RFTA) and the Colorado Department of Transportation (CDOT), will identify sufficient easements to accommodate bus turnouts adjacent to the project on SH 82. COUNTY ROAD 109 (CR 109) 4. Access to CR 109 will be unrestricted, and allow for access and egress of the site by all residents, employees, and authorized visitors of the project. 5. The applicant and the County will improve CR 109 in the following manner: (A) Section 1 (End of existing pavement at the Gravel Pit entrance south to the southwest corner of the 1/4 acre Residential Zone District adjacent to CR 109). (1) The Applicant is responsible for 100 percent of the cost of design, engineering and construction costs associated with the improvements of this section of CR 109 to Garfield County Minor Collector Road Standards 7 rsnoK 835 paE3i2 if possible, including all engineering and construction costs for the necessary relocation or piping of ditches. The design will include 2" Asphalt surface with 4' shoulders. Furthermore, the applicant is responsible for realigning and other associated improvements to ditches impacted by improvements to this section of CR 109. These improvements will be completed no later than 12-1-1996. (2) The applicant will dedicate the necessary right-of-way (ROW) to Garfield County, currently shown as a 1.4 acre Open Space River District near Siever's Corner, to allow for the realignment of CR 109 through this section. The applicant is responsible for all design, engineering and construction costs associated with these improvements. (3) The applicant will, where necessary, dedicate to the County the necessary ROW along CR 109 sufficient to ensure a 60 foot ROW through the portion of roadway through this section. At an appropriate point in time, the County will consider a petition to vacate those portions of the currently existing public right-of-way no longer needed for use as a public road through this section of the project. (4) The applicant is responsible for the design and construction of a bike/pedestrian path on the west side of CR 109 through this section. The precise location and length of the bike/pedestrian path shall be defined at the time of Preliminary Plan submittal. The bike and pedestrian path will be 10 to 12 feet in width, paved, and separated from vehicular traffic. (5) Sufficient coordination will occur between the applicant's engineer and the County's Road and Bridge Department to ensure that the design and construction activities between the two efforts are compatible and ensure no scheduling conflicts. If construction is to commence prior to March of 1996, the County must be BOOK 835 P',CE3I 3 notified on or before August 15 of the preceding fiscal year to allow for the project to be consistent with County budget cycles. (6) The applicant is responsible for the application of dust control on the project site, in addition to CR 109 from the north end of the project to the beginning of the chip and seal surface south of the project on CR 109, approximately (3.2) miles. Prior to the beginning of construction, west of the Roaring Fork River, a Dust Control plan will be submitted to the Road and Bridge Department for approval. (7) If necessary, the County agrees to institute condemnation proceedings to obtain necessary right-of-way allowing conb.::ruction by the applicant through this portion of the project. All costs of such proceedings, including the cost of land acquisition, shall be borne by the applicant. (B) Section 2 (CR 109, From the southwest corner of the 1/4 acre Residential Zone District adjacent to CR 109 to the intersection CR 109 and CR 108). (1) Garfield County will be responsible for 100 percent of the cost of design engineering and earthwork costs associated with the improvements of the section of CR 109 to Garfield County Minor Collector Road Standards where physically possible and at the discretion of the Board of County Commissioners, including 2" Asphalt surface and 4' shoulders. The applicant is responsible for 50 percent of the cost of surfacing (2" asphalt) of this section of CR 109. These improvements will be completed no later than 12-1-1996. (2) If deemed physically possible during design and engineering, Garfield County is responsible for the design and construction of a bike path on the west side of CR 109 through this section. The specific location of the bikeway will be refined as engineering and design progresses. The bike and pedestrian path will be 10 to 12 feet in width, paved, and be separated from vehicular trafflc. 9 (3) LOOK 835 pAutiL JG1 The County shall be responsible for all costs of land acquisition for this portion of road reconstruction. (C) Ditching and Piping. The applicant will be responsible for all necessary engineering, design, construction and piping or other improvements of approximately one (1) mile of the Kaiser and Siever's Ditch, from approximately Siever's Corner south. BALD EAGLE NES'ING SITE (Buffer Zone) 6. An Eagle Nest Buffer Zone, as indicated on Exhibit F-16 submitted at public hearing, will be established around the nest where there will be no construction of dwelling units or human activities, except as established herein. The area of the Zone is described per a letter dated April 26, 1992 from Kevin Wright of the Colorado Division of Wildlife. .Any changes or modifications to the Zone will require approval from the Division of Wildlife. 7. Prior to submittal of a Preliminary Plan, the applicant will submit building envelopes, approved by the Division of Wildlife, for the nine (3/4) acre lots adjacent to the Buffer Zone east of the Roaring Fork River. 8. Prior to submittal of a Preliminary Plan, the applicant will submit landscaping plans, approved by the Division of Wildlife, for the vegetative screening along both sides of the entry road and the downstream side of the bridge and along the east (riverside) boundary of Club Villas, Clubhouse District, per Kevin Wright's April 26, 1992 letter. The screening will be planted immediately upon construction of the entrance road and the bridge crossing the Roaring Fork River. 9. A timing restriction will be placed on the 10th hole of the golf course. If Bald Eagles have abandoned the nest and no eagles are present, the hole may be played from April 1st to December 31. If eagles are present, the hole may be played July 1st to December 31st. It may be played earlier, if there is nest abandonment and young have fledged. Any alternative plans for the reconfiguration of the 10th hole to allow earlier play must be approved by the Division of Wildlife. 10 BOOK 835 PAA 315 10. There will be no construction or activity within the Buffer Zone, hole #10, entry road and bridge or facilities/units north of Hole #18 from January 1st to June 1st if the nest is active. Construction may begin earlier if there is nest failure and abandonment. 11. There will be no human entry within 100 yards of the nest except for nest management activities, activities related to the use of Hole #10, or normal ground and ditch maintenance activities. 12. No human entry will be allowed within 200 yards of the nest from January 1st to June 30th if eagles are present, except as allowed in condition #11. 13. There will be a seasonal closure of the Roaring Fork River to public fishing/hiking access and Open Space River Park Districts within 200 yards of the nesting site from January 1st to May 15th except for float -through: river traffic. Signs will be posted and maintained by the applicant alerting residents and the general public to this restriction. 14. The Homeowner's Covenants will be amended to restrict all dwelling units to one dog per dwelling unit. 15. Coordination will occur on an annual basis between the applicant and the Colorado Division of Wildlife concerning the monitoring of nesting activities occurring within the Buffer Zone. 16. At such time as the Division of Wildlife allows removal of the Eagle Nest Buffer Zone, the applicant may request the Board of County Commissioners to amend the PUD. If approved by the 'Commissioners, the amendment only removes the Overlying zoning (Buffer Zone), and the approved underlying zoning will become effective. SOILS/GEOLOGY/HYDROLOGY 17. The Preliminary Plan shall have a building envelope designated for every lot within the PUD. All building envelopes shall avoid sinkholes. Construction upon debris fans and young alluvial fans with debris flow potential shall be avoided unless properly mitigated. No lot shall be created that does not contain a geologically acceptable building envelope. No lot shall be created that is smaller than the minimum lot size allowed in that particular zone district, and any density 11 500K 83 mr3 .S reduction for a particular area due to a lack of buildable area will not be transferred to another district within the PUD. A11 building envelopes shown on a Final Plat shall be consistent with those shown at Preliminary Plan. Any amendments to the approved building envelopes will require a Public Hearing and an amendment to the Preliminary Plan. 18. At the time of Preliminary Plan submittal, applicant shall submit a detailed debris flow study for all lots on debris fans, with a proposed mitigation plan designed by a geotechnical engineer. 19. Additional soils investigation of the Moderate and High Hazard Depression Areas with a determination of suitability for building sites, utilities, and roadways shall be submitted with the Preliminary Plan. 20. An engineered foundation shall be required for all buildings erected within the PUD and submitted with building permit applications. Further, all final plats shall have a plat note, noting the engineered foundation requirement for all residential structures. 21. Any structure erected within the floodplain shall be required to obtain a floodplain special use permit as required by the Garfield County Zoning Resolution. 22. Water storage tanks shall be constructed in only geologically acceptable areas and as designed by a geotechnical engineer. 23. At the time of Preliminary Plan submittal, the applicant will submit a detailed Drainage Plan addressing the handling of all point and non -point pollution, including the method of treatment, location and adequacy of proposed detention ponds, the size and location of infrastructure, and golf course drainage. WASTEWATER 24: Prior to Preliminary Plan submittal, a Site Application for a domestic tertiary wastewater treatment plant shall be prepared and submitted to the Colorado Department of Health addressing the Aspen Glen regional wastewater treatment facility. The same site application will be submitted to Garfield County with the Preliminary Plan. Wastewater treatment plans submitted with the Preliminary Plan shall include easements or oversized lines with 12 COOK 835 GE 3 7 sufficient capacity to accommodate regional development deemed necessary by the Colorado Department of Health. If no determination has been received from the Colorado Department of Health on this issue at the time of Preliminary Plan the applicant must provide the Board of County Commissioners with a line and easement design appropriate for a regional wastewater facility. 25. No later than Preliminary Plan submittal, a draft or official Service Plan shall be submitted for the formation of a special district for the construction, maintenance and operation of a regional wastewater treatment facility. Further, the special district shall be in place prior to submittal of any final plats for the PUD. The Service Plan will include all infrastructure and facilities serving Aspen Glen residents. 26. The service area described in the draft Service Plan will be consistent with Colorado Department of Health recommendations. 27. The cost of all infrastructure and facilities serving Aspen Glen are the responsibility of the applicant. WATER SUPPLY 28. The applicant shall demonstrate the location and evidence of adequate water quantity and quality of the proposed well fields at Preliminary Plan. At least one test well shall be drilled and proved up. Additional test wells may be required as recommended by the applicant's engineer to provide the necessary evidence. 29. If filtration is necessary, the site and method of treatment shall be indicated at the time of Preliminary Plan submittal. WATER QUALITY 30. At the time of Preliminary Plan submittal, the applicant will submit a detailed description of a Water Quality Monitoring Plan for both surface water (Roaring Fork River) and ground water (on-site and off-site wells and springs). This plan shall describe the location, timing, analytical techniques, detection methods, and the method of interpreting the results of the tests. The tests will be performed at a regular interval extending past the first year until the project reaches 90 percent of buildout. The Service Plan for the Sanitation District 13 ennK 835 eiicr,31S shall include provisions for the Water Quality Testing Program. The cost associated with the Plan shall be the responsibility of the applicant, and subsequent costs associated with the testing program shall be the responsibility of the Sanitation District. The results of each test shall be sent to the County on a regular basis. UTILITIES 31. At the time of Preliminary Plan submittal, the applicant will submit to the County a detailed Utility Master Plan that indicates the easement size and location for gas, electric, and telephone. Wastewater and water treatment facilities, and drainage/erosion control systems shall include line and facility sizing, in addition to the size. and location of easements. WILDLIFE IMPACTS Equestrian Facility 32. The equestrian facility, as shown on the PUD Development Plan Map, will be relocated to the northwest end of the Open Space District. Furthermore, the Community Center proposed in the PUD application is deleted from the PUD. 33. Fencing will be 42" in height, four strand or less, with 12" kick space between the top two wires. If a rail fence is used, it shall be 48" high, three rail or less. No fencing will be allowed in areas not needed for grazing and existing fencing will be removed. 34. No grazing will be allowed in sagebrush. 35. All new utilities within the equestrian area will be buried. 36. Any access trail developed in the equestrian area will be closed December 1 through April 30th. 37. All dogs on trails in the equestrian area will be leashed. 38. All hay stored in connection with the operation of the equestrian facility will be protected by 8 foot fencing,. consistent with Division of Wildlife specifications. 14 BOOK 835 FAGE3j9 West of County Road 109 39. The applicant, at the time of Preliminary Plan submittal, will submit a map identifying the proposed "Wildlife Corridor" west of CR 109. The map will depict the building envelopes and mitigation measures proposed for the 2 acre Residential District. The Division of Wildlife will review the "Wildlife Corridor" plan prior to submittal to the County. 40. No perimeter fences willbe allowed in this District. 41. All utilities will be buried or raptor/eagle protected, per Division of Wildlife recommendations. General Wildlife Impacts 42. One dog will be allowed for each residential unit within the PUD. This requirement will be included in the Protective Covenants, and will be enforced by the Homeowner's Association. 43. Dead or dying Cottonwood Trees within the Open Space/River Parks will be preserved for cavity nesters and perches used by raptors/eagles. If such trees present a hazard, the Homeowner's Association may remove such trees at its discretion. FISHERMAN'S /PEDESTRIAN EASEMENT 44. The applicant shall provide a copy and plat of the fisherman/pedestrian easement, running from the open space/river park across the gravel pit lease to BLM Disposal Parcel 215 at the time of Preliminary Plan submittal. The recipient of the fisherman/pedestrian easement shall be the Division of Wildlife or the Aspen Glen Homeowner's Association. The easement grantee shall be responsible for maintenance and liability for the proposed easement. The easement shall be executed and recorded at the time of final plat approval. 45. To ensure continued use of the proposed easement, the applicant will submit plans at the time of Preliminary Plan to provide a pedestrian bridge across the Robertson Ditch. The cost associated with design and construction of the bridge is the responsibility of the applicant. 46. The applicant shall physically delineate that portion of the fisherman's/pedestrian easement that traverses the 15 Mg 835 gravel pit lease area. The method of delineation shall be set forth prior to the approval of the Preliminary Plan. 47. The applicant shall provide a draft of the proposed river recreation/boating easement overlaying the Roaring Fork River, from high water line to high water line excluding the islands, at the time of submittal of Preliminary Plan. Such easement shall name the Homeowner's Association as grantee and holder for the benefit and use of the public. Such easement shall be executed and recorded at the time of final plat approval. 48. The Fisherman's/Pedestrian and river recreation/boating Easement shall be identified on all subsequent Final Plats where applicable. EASEMENT/OPEN SPACE PARK 49. All Open Space/River Park areas shall be dedicated to appropriate grantees from the developer at the time of approval of an applicable Final Plat. 50. The forty foot (40') wide easement, extending from C.R. 109 to the Open Space/River Park, shall be dedicated to the Division of Wildlife or the Aspen Glen Homeowner's Association for use by the public and the appropriate instrument recorded prior to the approval of any Final Plat. The easement will be constructed with a gravel surface and a 20' minimum driving surface. The easement shall be executed and recorded at the time of Final Plat approval. 51. Fencing between the Aspen Glen River Park and the Miller residence shall be constructed in accordance with the agreement with Doug Miller. 52. All improvements and/or structures constructed in Open Space/River Park areas within regulated floodplain shall be constructed in accordance with the requirements of Section 6: Floodplains of the Garfield County Zoning Resolution. 53. The applicant shall provide a graveled parking area with adequate space for parking six (6) vehicles. 16 BOOK 835 nr.,E32i LANDSCAPING 54. At the time of Preliminary Plan, the applicant will submit a detailed landscaping plan for the proposed landscaping buffers along S.H. 82 and C.R. 109, and revegetation necessary to mitigate the water tank locations. The landscaping plan will demonstrate the following: (A) The plant pallet, size, and location of proposed plantings. This should be consistent with the graphic representations presented during the PUD hearings; (B) Irrigation systems necessary to ensure survival of the plantings; (C) Replacement/maintenance plan to ensure replacement of unsuccessful plantings; (D) The use of native species and adaptable species to encourage water conservation. (E) The color of water tanks shall be designated and subject to review and approval by the Board of County Commissioners as part of Preliminary Plan submittal. (F) Develop a program to eliminate or control noxious weeds as identified by the County. IRRIGATION DITCHES 55. At the time of Preliminary Plan, the applicant shall provide agreements from the affected ditch management organizations (Glenwood and Robertson) consenting to development affecting the ditches. 56. Engineering docuinents, addressing all ditch -related work, shall be provided at the time of Preliminary Plan submittal for the affected portion of the development. These improvements shall be included in the Subdivision Improvements Agreement. Adequate surety for all improvements shall be provided in conjunction with the Subdivision Improvements Agreement. 57. Adequate width easements for maintenance of ditches shall be depicted at Preliminary Plan and dedicated, where applicable, at time of first Final Plat. 17 BOOK 835 P;A0E3,�2 AIR OUAL I TT 58. No open hearth solid -fuel fireplaces will be allowed anywhere within Aspen Glen with the exception of four (4) fireplaces permitted in the clubhouse, as well as all fireplaces currently in place in existing residences. 59. All dwelling units will be allowed an unrestricted number of natural gas -burning fireplaces or appliances. 60. All dwelling units will be allowed one (1) new wood - burning stove as defined by C.R.S. 25-7-401, et. seq. and the regulations promulgated thereunder. 61. Conditions 58, 59, and 60 shall be included in the restrictive covenants and as a plat note on all Final Plats. 62. The applicant shall prepare a fugitive dust mitigation plan to address dust control during construction of roads, utilities, common facilities and the golf course. The plan shall be submitted at the time of Preliminary Plan. 63. All air emissions shall be in compliance with all applicable state and federal regulations. WETLANDS 64. At least forty-five (45) days prior to Preliminary Plan submittal, the applicant shall apply to the Corps of Engineers for a determination of the impacts upon wetlands of the full project, and the appropriate permits required therefor. The determination of the Corps of Engineers regarding the type of permits required must be made before Preliminary Plan approval. 65. All building envelopes shall be located on lots such that no wetlands will be impacted by foundation, accessory buildings, driveways or other accessory structures. These building envelopes will be submitted to the County at the time of Preliminary Plan submittal. 66. Covenants will be developed prohibiting the filling of wetlands contained within lots. 18 600K 835 p,j;E323 PLAT NOTES 67. The following plat notes shall be included on all Final Plats. (A) Certain building locations may be subject to geologic and hydrologic hazards. All structures shall require the submittal of an engineering report addressing soils and geology conditions, foundation design and drainage prepared by a registered professional engineer. All site development, including building construction, shall be conducted in accordance with engineer's stipulations. (B) (1) No open hearth solid -fuel burning fireplaces will be allowed anywhere within Aspen Glen with the exception of four (4) fireplaces in the clubhouse and fireplaces currently in place in existing residences; All dwelling units will be allowed an unrestricted number of natural gas -burning fireplaces or appliances; and All dwelling units will be allowed no more than one new wood -burning stove as defined by C.R.S. 25-7-401, et seq. and the regulations promulgated thereunder. (C) Lots may be located within the 100 year floodplain. Lots within regulated floodplain are subject to the regulations of Section 6: Floodplains of the Garfield County Zoning Resolution. (D) Only one dog is allowed for each dwelling unit. 68. The following plat notes shall be included on all Final Plat(s) with Lots on the west side of C.R. 109: (A) Lots are subject to debris flow. Mitigation measures shall be addressed in a report prepared by a registered professional engineer. Any mitigation required shall be constructed in accordance with engineering recommendations. (B) State Forest Service Wildfire Prevention Guidelines shall be followed for residential construction. 19 r BOOK 83,E p eE32 HOMEOWNER'S ASSOCIATION 69. A Homeowner's Association shall be established with bylaws, Articles of Incorporation and covenants, prior to the approval of the first Final Plat. All common facilities shall be transferred to the Homeowner's Association prior to the approval of any Final Plat. 70. The applicant will submit a list of responsibilities of the Homeowner's Association, at the time of Preliminary Plan submittal. Specific responsibilities to be addressed include the ownership and maintenance of open space, roads, parks, golf course, river easement, access road to recreation area, water rights, water utility easements and infrastructure, bridges and various permits and contracts (water, highway, railroad etc.). COVENANTS 71. A draft of the Covenants for the Aspen Glen Club will be submitted with the Preliminary Plan. The following list of changes from the draft Covenants submitted with the application shall be included at a minimum: (A) Covenant language will be included regarding restrictions regarding the prohibition of building envelopes within regulated wetlands. (B) The Covenants will not restrict the use or placement of solar collecting devices. Approval of the placement of these devices will be retained by the Aspen Glen Homeowner's Association. (C) Roofing material for lots on the west side of CR 109 will require the use of fire -retardant shingles. PUD ZONE DISTRICT TEXT 72. As conditions of approval, the Board herein adopts and approves both the district text and Planned Unit Development plan attached as exhibits hereto. OFF-SITE IMPACTS 73. That the applicant shall comply with all verbal representations made concerning its agreements with adjacent property owners. 20 9r,�►: 835 ,c,E325 REVISIONS TO PUD APPLICATION 74. The reference to Unit Transfer provisions (p. PUD Application), Golf Course Approval Process the PUD Application) and Subdivision Variance of the PUD Application) shall be deleted. 68 of the (p. 69 of #4 (p. 69 75. The location of the Club Villa District adjacent to the Chuc Property and SH 82 shall be relocated in order to minimize impacts on adjacent agricultural land to a point consistent with PUD Development Plan attached to this Resolution. The density within the relocated Club Villa District shall be consistent with the depiction on the Planned Unit Development Plan Map. The revised Club Villa District may have no more than 77 units, and the revised 1/4 acre District cannot exceed 16 units. SCHOOL IMPACT 76. The applicant shall pay School Impact Fees as designated by the appropriate school district prior to approval of any Final Plat. 77. At the time of Preliminary Plansubmittal, applicant shall designate all school bus loading sites requested by the appropriate school district. FIRE STATION SITE 78. A site must be identified for the proposed fire station site at the time of Preliminary Plan submittal. PHASING Phase I IA II III IV V 79. The following phasing amends the proposed included with the application (Phase II and combined into a single phase): Commencement Date March 7, 1992 June 30, 1992 January 1, 1994 May 15, 1995 July 1, 1995 August 15, 1995 21 phasing plan Iia have been Completion Date December 31, 1992 December 31, 1993 August 15, 1997 December 1, 1996 July 1, 1996 August 15, 1996 BnOK 835 ni)E326 Phase Commencement Date Completion Date VA March 15, 1996 March 15, 1997 VI March 15, 1997 March 15, 1998 VII August 15, 1997 August 15, 1998 VIII March 15, 1998 March 15, 1999 IX March 15, 1999 March 15, 2000 X August 15, 1999 August 15, 2000 XI March 15, 2000 March 14, 2001 80. A violation of the agreed phasing plan (described in condition #79) could result in the revocation of the PUD by the Board of County Commissioners. 81. No phase, subsequent to Phase II, shall commence without final plat approval. By Subdivision Improvements Agreement, the dates for construction commencement may be moved to an earlier date than that set forth in #79 above. Additionally, the completion dates may be altered by the Subdivision Improvements Agreement. Phase II may commence prior to January 1, 1994, and prior to approval of a Preliminary Plan, if the applicant submits a detailed drainage plan for the proposed golf course to the Board of County Commissioners and obtains approval of that plan prior to commencement of construction. Such approval shall indicate the date for commencement of Phase II. Any construction authorized or in place as part of Phase II must be consistent with any subsequently approved Preliminary Plan. 82. Phase IA. shall be defined to be the approval of a preliminary plan encompassing the entire project set forth in the Planned Unit Development and the Planned Unit Development Plan. Preliminary plan approval must encompass the development of all of the phases set forth in #79. VESTED RIGHTS 83. As a condition of approval and by agreement with the Aspen Glen Company, the Board of County Commissioners herein adopts a development agreement pursuant to the provisions of Section 24-68-104(2), C.R.S., as amended, providing that property rights shall vest commencing with the final conditional approval of the Aspen Glen PUD extending to March 14, 2001. With this approval, the Board of County Commissioners recognizes that this conditionally approved planned unit development, in its final conditional approval form, is a site specific 22 PAGE NO. 12 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION 000K 835 ptcE 58 NE1/2NW OF SAID SECTION 20; THENCE ALONG SAID WESTERLY LINE OF THE NE NWS OF SAID SECTION 20 N 00.05'52" E 173.26 FEET TO Xlaff TRUE iT _UF Irj nilit , SAID PARCEL CONTAINING 13.936 ACRES, MORE OR LESS. NET ACREAGE OF THE ABOVE DESCRIBED PROPERTY EQUALS 938.407 ACRES, MORE OR LESS. REVISED 2/18/92, 5/28/92 S35 EOc2K S35 P.CE339 EXHIBIT TO ASPEN GLEN RESOLUTION DEVELOPMENT AGREEMENT BOOK 835 pcE 36O DEVELOPMENT AGREEMENT WHEREAS, the Aspen Glen Company has tendered a proposed Planned Unit Development to the Board of County Commissioners of Garfield County, Colorado, requesting approval of that extensive development plan; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has determined that such plan should be granted subject to extensive conditions, specifically including a detailed phasing plan. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE ASPEN GLEN COMPANY AND THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, AS FOLLOWS: 1. The PUD plan submitted by the Aspen Glen Company, on or about March 3, 1992, and conditionally approved by the Board of County Commissioners on June 29, 1992, shall be deemed to be a site specific development plan entitling the developer to certain vested rights as set forth in Section 24-68-101, et seq., C.R.S., as amended. 2. The proposed PUD, as conditionally approved, contains a specific phasing plan at Paragraph 79 of that Resolution. Additionally, the magnitude of the proposed project, including a regionalized wastewater facility, development of a water treatment system, extensive on and off site road improvements, and development of over 600 housing units, requires that the Board of County Commissioners extend the period for vested rights attaching to that site specific development plan to and including the period of June 30, 1992 through and including March 14, 2001. 3. The approval of the Aspen Glen PUD, together with the extended period for vested rights is specifically conditioned upon strict compliance with all of the terms and conditions of the approval of that PUD as set forth in the Resolution of,June 29, 1992. The developer shall comply strictly with the terms of phasing set forth in Paragraph 79 of that Resolution. By specifically noting that strict compliance is needed with the terms of phasing, neither party herein diminishes the obligation of the developer, the Aspen Glen Company, to comply with all of the conditions set forth in the approval of that PUD. The parties to this agreement recognize that the failure of the applicant to comply with any of the terms and conditions of approval of the PUD as set forth by the Board of County Commissioners, shall subject the applicant to a forfeiture of the vested rights agreed to herein, as set forth in Section 24-68-103(1), C.R.S., as amended. DONE AND AGREED TO this ATTEST: Clerk .to the Bbard _ ATTEST: J. 796 2<,7 day of afOK 835 P?,UE361 , 1992. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Chairman ASPEN GEN—MPANY ti T Brown, President EXHIBIT TO ASPEN GLEN RESOLUTION PLANNED UNIT DEVELOPMENT PLAN MAP 50i -JK 833 1, F.362 -eooK 335 Pass 3e0 3 Ort. le wifk original lResot fiort. 1(1, Cjerks Q r�iCe BOOK 835 p? E3 ,27 development plan as set forth in Section 24-68-102(4), C.R.S., as amended. Therefore, during the time periods set forth herein, the applicant shall enjoy all of the vested rights set forth for such a development plan in Section 24-68-101, et. seq.; C.R.S., as amended. 84. Pursuant to the provisions of Section 24-68-103(1), C.R.S.; as amended, the Board of County Commissioners herein condition the grant of the vested rights set forth above upon all of the conditions of approval set forth in this conditional PUD approval. Such conditions specifically include, but are not limited to. strict compliance with the phasing plan set forth in #79 above. Failure of the applicant to comply with any element of that phasing plan or any of the conditions set forth in this resolution, will subject the applicant to forfeiture of vested rights, as such forfeiture is set forth in Section 24-68-103(1), C.R.S., as amended.. 85. In order to effectuate the conditions set forth under subtitle "Vested Rights", the applicant shall be required to execute a development agreement coincidental with the conditional approval of the Aspen Glen PUD. CONSULTANT FEES 86. The Board of County Commissioners may retain experts to assist in further review of: project applications and submittals.. Such experts shall ;be retained upon the recommendation of. the Staff of Regulatory Offices after consultation with the applicant and with the approval of the Board of County Commissioners. The Board of County Commissioners shall approve the retention of such experts when such assistance is deemed necessary for the evaluation of the applicant's submittals. Notice of retention shall be provided .to the applicant . Fees and costs of such experts shall be the responsibility of the applicant. All bills shall be paid within 30 days of invoice. LEGAL DESCRIPTION 87. The legal description shall be corrected to be consistent with the exhibit attached to this PUD Resolution. GENERAL 88. All representations of the applicant, either within the application or stated at the Public Hearings before the 23 Born( 835 P,1cE328 Planning Commission and the Board of County Commissioners, shall be considered conditions of approval to the extent that such representations are not inconsistent with the conditions of approval set forth herein. To the extent of any inconsistency between the conditions of approval set forth in this Resolution, and the statements and representations of the applicant, the conditions of approval set forth herein shall control. CONDITIONAL APPROVAL Pursuant to the foregoing findings and conditions, the Board of County Commissioners of Garfield County, Colorado, herein approves the requested rezoning of the Aspen Glen Company from A/R/RD to PUD subject to strict compliance with the terms and conditions set forth herein. Additionally, through this approval, the Board herein adopts the PUD Development Plan, revised PUD zone text, corrected legal description and Development Agreement attached hereto as exhibits. F7 -fit) day of June, 1992. DA EQ this ATTEST-: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO - �C erk to. the .Board Chairman Upon,notion duly made and seconded the foregoing Resolution was'gdopted by the following vote; Marian I. Smith Arnold L. Mackley Aye Aye Elmer jBuckevj Arbaney Aye Commissioners STATE OF COLORADO SS. COUNTY OF GARFIELD I, Mildred Alsdorf, County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. 24 pfOK 835 P 4329 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commigsioners 25 BOOK 8) 7 R';i]E33O EXHIBIT TO ASPEN GLEN RESOLUTION REVISED ZONE DISTRICT TEXT VI. PROPOSED ZONE REGULATIONS A. Applicability Statement rkncle To carry out the purposes and provisions of the Garfield County Zoning Regulations, as amended, The Aspen GIen Club Planned Unit Development Zone District is further divided into the following zone district classifications: 2 Acre Residential Zone District 1 Acre Residential Zone Dist;'ict 3/4 Acre Residential Zone District 1/2 Acre Residential Zone District 1/4 Acre Residential Zone District Duplex Residential Zone District Club Villa Residential Zone District Golf Course Zone District Golf Clubhouse Zone District Open Space/ River Parks Zone District B. PUD Zone District Rezulations The following subsections describe the proposed zoning districts for The Aspen Glen Club. It is intended that a preliminary plan and final plat will be submitted for the residential development areas that are consistent with the concept and development standards set forth in the following subsections. It is intended that, for the Zone Districts described in items enumerated as 1 through 10 of this Section B, in addition to the permitted uses listed in the descriptions for each such Zone District set forth below, permitted uses for each such Zone District will also include all uses by right permitted within the Garfield County Zone District known as AJR/RD, as such uses are described in the Zoning Regulations adopted and enacted by the Board of County Commissioners of Garfield County in effect from time to time. At such time, however. as any portion of the property comprising The Aspen Glen Club is subdivided, as evidenced by the recording with the Clerk and Recorder of Garfield County of a final, signed, approved subdivision plat for any such portion of the property, any right to use such platted portion of the property for any additional uses permitted by the AJR/RD zoning shall automatically terminate, and such platted property shall be zoned only for the permitted uses specifically described in items 1 through 10 following. -1- 1. 2 ACRE RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Single-family detached structures intended for individual lot ownership. BOOK` 835 PaCE332.. (a) :: Permitted Uses Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting. County Road 109 Minimum Front Yardif Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area. Ratio Minimum Rear Yard Minimum Each Side Yard (k) Corner Lot Minimum Side Yard Abutting Public/Private Street. Single-family residential plus accessory uses, including .guest and/or caretaker's ,quarters; home occupation; water storage. tank. 87,120 sq. ft. (2 acres) 32 ft. 50 ft from ROW line 35 ft~. from-, roadway easement/ROW 150 ft. -.(at building setback) 250 ft.. .25 35 ft. 10 ft. or 1/2 height of principal building whichever its greater 25 ft. from roadway, easement/ROW bbex 835 Pra3 (1) Minimum Off Street Parking per DU 4 spaces Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building setback, but no lot shall have less than 25 feet of width on public access right-of-way or easement. NOTE: Each estate lot will have a predetermined building envelope within which all structures will be confined. The remainder of the lot must be left in its natural state, a portion of which shall be designated as an "Area Prohibited for Development" on the PUD Development Plan. The building envelope shall be designated at time of preliminary plan. BffK 835 p1 334. 2. 1 ACRE RESIDENTIAL ZONE DISTRICT' DEVELOPMENT STANDARDS: Single-family detached structures intended for individual lot ownership. (a) Permitted Uses (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Yard Minimum Each Side Yard Corner Lot Minimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU Single-family residential plus accessory uses, including guest and/or caretaker's quarters; home occupation 43,560 sq.ft. (1 acre) 25 ft. 35 ft. from roadway easement/ROW 150 ft. (at building setback) 220 ft. .25 20 ft. 10 ft. or 1/2 height of principal building whichever is greater 25 ft. from roadway easement/ROW 4 spaces * Cul-de. sac, pie shaped and flag lots may have a less than minimum width measured at building setback line, but no lot shall have less than 25 feet of width on public access right-of-way or easement. 3/4 ACRE RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Single-family detached structures intended for individual lot ownership. BrIDX 535 p4R,E 3� (a) Permitted Uses Minimum Lot Size Maximum Building Height (d) Minimum Front Yard if Abutting Public/Private Street Minimum Lot. Width* Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Yard Minimum Each Side Yard (i) (j) Corner Lot Minimum Side Yard Abutting Public/Private Street Single-family; residential plus accessory uses except guest and/or caretaker's quarters; home occupation; existing main residence and guest house may be utilized as a Bed and Breakfast for no more than 10 beds and temporary clubhouse for the golf course. Temporary clubhouse uses shall_ be the same as a typical golf clubhouse facility: 32,670 sq.ft. 25 ft. 35 ,ft. from roadway. easement/ROW 140 ft. (at building setback) 175 ft. .25 20 ft. 10 ft. or 1/2 height of principal building whichever is greater 25 ft. from roadway easement/ROW (k) Minimum Off Street Parking per DU 4 spaces * Cul-de-sac, pie shaped lots may have a less than minimum width measured at building setback, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -5- BOK; 835 p,CE376 4. 1/2 ACRE RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Single-family detached structures intended for individual lot ownership. (a) Permitted Uses Single-family residential plus accessory uses except guest and/or caretaker's quarters; home occupation; water treatment facility (b) Minimum Lot Size 21,780 sq.ft. (c) Maximum Building Height 25 ft. (d) Minimum Front Yard if Abutting County Road 109 50 ft. from ROW line (e) Minimum Front Yard if Abutting 30 ft. from roadway Public/Private Street easement/ROW (f) Minimum Lot Width* 120 ft. (at building setback) (g) Minimum Lot Depth 150 ft. (h) Maximum Floor Area Ratio .25 (i) Minimum Rear Yard 20 ft. (j) Minimum Each Side Yard 10 ft. or 1/2 height of principal building whichever is greater (k) Corner Lot Minimum Side Yard 20 ft. from roadway Abutting Public/Private Street easement/ROW Minimum Off Street Parking per DU 4 spaces (1) Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building setback, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -6- Briilx 835 PirE,737 5. 1/4 ACRE RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Single-family detached structures intended for individual lot ownership. (a) Permitted Uses (b) (c) (d) (e) (f) (g) (h) (i) a) Minimum Lot Size Maxin::rm Building Height Minimum Front Yard if Abutting County Road X09 Minimum Front Yard if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Yard Minimum Each Side Yard (k) Corner Lot Minimum Side Yard Abutting Public/Private Street (1) Minimum Off Street Parking per DU Single-family residential plus accessory uses except guest and/or caretaker's quarters; home occupation 10,890 sq.ft. 25 ft. 50 ft. from ROW line 30 ft. from roadway easement/ROW 75 ft. (at building setback) 120 ft. .35 20 ft. 10 ft. or 1/2 height of principal building whichever is greater ;5 ft. from roadway easement/ROW 4 spaces * Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building setback, but no lot shall have less than 25 feet of width on public access right-of-way or easement. 6. DUPLEX RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: Two-family attached structures intended for individual lot ownership. i3iY.IK S35 PS+ E:`_ 3S (a) Permitted Uses (b) (c) (d) (e) r') (g) (h) (i) (1) (k) Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting State Highway 82 Minimum Front Yard if Abutting Public;/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Yard Minimum River Setback (from Normal High Water Line) Minimum Each Side Yard (1) Corner Lot Minimum Side Yard Abutting Public/Private Street (m) Minimum Off Street Parking per DU Single-family residential and two-family residential plus accessory uses except guest and/or caretaker's quarters; ; home occupation 15,625 sq.ft. 25 ft. 50 ft. from ROW line 30 ft. from roadway easement/ROW 125 ft. (at building setback) 125 ft. .30 20 ft. 50 ft. for buildings 25 ft. for fences 10 ft. or 1/2 height of principal building whichever is greater 15 ft. from roadway easement/ROW 4 spaces * Cul-de-sac, pic shane0 and flag lots may have a less than minimum width measured at building setback, but no lot shall have less than 25 feet of width on public access right-of-way or easement. -8- 7. CLUB VILLA RESIDENTIAL ZONE DISTRICT DEVELOPMENT STANDARDS: r Dark, S35 P, r' Single-family attached and single-family detached residential dwellings intended for individual lot ownership, which may include golf villas, townhomes, club villas, and duplexes Single -Family Attached: (a) Permitted Uses (b) (c) (d) (e) (f) (g) (h) (i) (1) (k) (1) (nn) Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio for Entire Development Tract Minimum Rear Yard Minimum Side Yards of Buildings Minimum Separation between Buildings Maximum Number of Attached Units (in a single structure) Minimum Off Street Parking per DU Minimum Open Space per each Villa Development Tract Single-family residential (attached) plus accessory uses excluding guest and/or caretaker's quarters; home occupation; water treatment facility 2,200 sq.ft. 25 ft. 20 ft. from roadway easement/ROW 22 ft. 'at building setback) 100 ft. 5 20 ft. 7.5 ft. 15 ft. 8 units 2 spaces 25% * Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building setback, but no lots shall have less than 16 ft. of width on public access right-of-way or easement. -9- 7. CLUB VILLA RESIDENTIAL ZONE DISTRICT (cont'd.) Du lex: (a) Permitted Uses Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Yard Minimum Each Side Yard aim!( 8,1 7 P!GE 4O Single-family residential and two-family residentia: plus accessory uses excluding guest and/or caretaker's quarters; home occupation; water treatment facility 15,625 sq.ft. 25 ft. 25 ft. from roadway easement/ROW 125 ft. (at building setback 125 ft. .30 20 ft. 10 ft. or 1/2 height of principal building whichever is greater (j) Corner Lot Minimum Side Yard 15 ft. from roadway Abutting Public/Private Street easement/ROW (k) Minimum Off Street Parking per DU 4 spaces Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building line, but no lot shall have less than 25 feet of width on public i;ccess right-of-way or easement. BOOK 835 7. CLUB VILLA RESIDENTIAL ZONE DISTRICT (coned.) Single -Family Detached: (a) Permitted Uses Sing; -family residential (detached) plus accessory uses excluding guest and/or caretaker's quarters; home occupation; water treatment facility (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting Public/Private Street Minimum Lot Width* Minimum Lot Depth Maximum Floor Area Ratio Minimum Rear Yard Minimum Each Side Yard Corner Lot Minimum Side Yard Abutting Public/Private Street Minimum Off Street Parking per DU 10,890 sq.ft. 25 ft. 25 ft. from roadway easement/ROW 75 ft. (at building setback) 120 ft. .25 20 ft. 10 ft. or 1/2 height of principal building whichever is greater 15 ft from roadway Pasement/ROW 4 spaces * Cul-de-sac, pie shaped and flag lots may have a less than minimum width measured at building line, but no lot shall have Less than 25 feet of width on public access right-of-way or easement. 8. GOLF COURSE ZONE DISTRICT DEVELOPMENT STANDARDS: (a) Permitted Uses (b) Golf Maintenance Building and Accessory buildings: BOOK 835 FA E342 Golf course, golf mainten- ance facility, related activities, fire/security station and accessory uses; water treatment facility (1) Maximum Building Height 25 ft. (2) Building setback from County Road 109 and any adjacent residential land uses 25 ft. 9. GOLF CLUBHOUSE ZONE DISTRICT DEVELOPMENT STANDARDS: (a) Permitted Uses Maximum Building Height Minimum Front Yard if Abutting Public/Private Street Maximum Floor Area Ratio Minimum Rear Yard Minimum Side Yard Minimum Off -Street Parking BOOK 835 P1cE343 Golf clubhouse (including but not limited to, pro shop, restaurant, lounge, exercise facility, child care facility, locker rooms, library and memorabilia rooms, meeting and special function rooms); Real estate sales office; Fishing tackle sales; Beauty salon and barber shop; Business services; Auto detailing, Reservation services; Recreational and related activities; Convenience store; Bed and Breakfast for no more than 10 beds 40 ft. 50 ft. .25 50 ft. 25 ft. 150 spaces plus one additional space per each bed in Bed and Breakfast facility 835 per 34.4 10. OPEN SPACE RIVER PARKS ZONE DISTRICT DEVELOPMENT STANDARDS: (a) Permitted Uses Passive and active recreational activities; park facilities; clubhouse with snack bar; fishing tackle sales; equestrian facilities; tack services; reservation services; water treatment facility; water storage tanks; and wastewater treatment facility. (b) Maximum building height 25 ft., provided that water storage tanks may exceed such height limitation (c) Building Setback From Residential Property Line or Road ROW 25 ft. C. General Provisions (1) 500K 835 P+,r.E '- Effect of Garfield County Zoning Resolution (adopted January 2, 1979). The provisions of the Garfield County Zoning Resolution and the successors thereof as now in effect and as hereafter amended, are by this reference incorporated herein as if set forth in full, to the extent not divergent from the provisions of the Aspen Glen Planned Unit Development Zone Regulations. (ii) Conflict. The provisions of the Zoning Regulations shall prevail and govern the development of Aspen Glen PUD provided, however, where the provisions of the Aspen Glen PUD Zone Regulations do not clearly address a specific subject, the ordinances, resolutions or regulations of Garfield County shall prevail. Definitions established herein shall take precedence over definitions established by the Subdivision Regulations of Garfield County, adopted April 23, 1984, whenever these regulations are applicable to the Aspen Glen PUD. By way of example, the floodplain regulations set forth at Section 6:00 of the Garfield County Zoning Regulations are fully applicable to this proposed PUD. D. Variance from Subdivision Regulations Except as defined below, all provisions of the Garfield County Subdivision Regulations shall be applicable to The Aspen Glen Club PUD. 1. Street Design: Standard street cross sections shall be as identified in Section V, D (p. 42), titled Typical Roadway Cross Sections. 2. If an emergency access point has not been provided, cul-de-sacs in excess of 600 feet will be allowed with the following design standards: (a) Right-of-way minimum radius: 62 feet (b) Driving surface minimum radius: 60 feet 3. Sidewalks are not required in the street right-of-way except as proposed in Section V, H (p. 46), titled Public and Private Trail System Plan. 4. In situations where topography or development tract orientation dictates, the offset between intersecting streets will be a minimum of 100 feet. [jc{rK 835 F E346 EXHIBIT TO ASPEN GLEN RESOLUTION CORRECTED LEGAL DESCRIPTION XI. APPENDIX A. LEGAL 1ESCRIPTIONS ASPEN GLEN CLUB P.U.D. .PROPERTY pE$CRIPTION A PARCEL OF LAND SITUATED IN LOTS 2.3 AND 25 OF SECTION 12, LOTS 1 AND 3 THROUGH 16 OF SECTION 13 AND LOTS 1 AND 2 OF SECTION 24, TOWNSHIP 7 SOUTH RANGE 89 WEST AND IN THE SWASE1/2, SE'SE1/4 AND LOTS 4, 6, 7, 9 THROUGH 11 AND 14 THROUGH 17 OF SECTION 18 AND THE NE;NE1/4 AND LOTS 1, 3 THROUGH 12 AND 15 THROUGH 17 OF SECTION 19 AND THE NE;NW1/4 AND IN LOTS 2, 4 THROUGH 16, 19, AND 20 OF SECTION 20 AND IN LOTS 2, 3, 4, 8, AND 9 OF SECTION 29, ALL IN 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: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 0001'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN PLACE); BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 20, A BLM ALUMINUM CAP FOUND IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S 00°12'30" E ALONG THE EASTERLY LINE OF SAID NE1/4NW' 1378.55 FEET TO THE SOUTHEAST CORNER OF SAID NE;NWII, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 89°38'40" E ALONG THE NORTHERLY LINE OF SAID LOT 19 1305.39 FEET TO THE NORTHEAST CORNER OF SAID LOT 19, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 00'05'56" E ALONG THE EASTERLY LINE OF SAID LOT 19, 1289.48 FEET TO THE SOUTHEAST CORNER OF SAID LOT 19, ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID LOT 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 88'36'52" E ALONG SAID NORTHERLY LINE 1304.01 FEET TO THE EAST QUARTER CORNER OF SECTION 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 01°23'50" E ALONG THE EASTERLY LINE OF SAID LOT 20, 1320.18 FEET TO THE SOUTHEAST CORNER OF SAID LOT 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE N 8935'53" W ALONG THE SOUTHERLY LINE OF SAID LOT 20, 684.04 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 16, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 01°30'51" W ALONG THE EASTERLY LINE OF SAID LOT 16 1262.19 FEET TO THE SOUTHEAST CORNER OF SAID LOT 16, ALSO BEING THE NORTHEAST CORNER OF LOT 2 OF SAID SECTION 29, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 01`21'57" W ALONG THE EASTERLY LINE OF SAID LOT 2, 917.83 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER; THENCE N 44'00'00" W ALONG SAID CENTERLINE 272.02 FEET; THENCE CONTINUING ALONG CENTERLINE N 57'00'00" CENTERLINE N 84'00'00" CENTERLINE S 72'00'00" 56'00'00" 39 00'00" 31'00'00" 50°00'00" 70'00'00" 48'00'00" 24'00'00" 11'00'00" CENTERLINE CENTERLINE CENTERLINE CENTERLINE CENTERLINE CENTERLINE CENTERLINE CENTERLINE S S S S S N N N W 238.00 FEET; W 240.00 FEET; W 277.00 FEET; W 290.00 FEET; W 300.00 FEET; W 352.00 FEET; W 220.00 FEET; W 297.00 FEET; W 375.00 FEET; W 268.00 FEET; THENCE CONTINUING ALONG THENCE CONTINUING ALONG THENCE CONTINUING ALONG THENCE CONTINUING ALONG THENCE CONTINUING ALONG THENCE CONTINUING ALONG THENCE CONTINUING ALONG THENCE CONTINUING ALONG THENCE CONTINUING ALONG THENCE CONTINUING ALONG SAID SAID SAID SAID SAID SAID SAID SAID SAID SAID SAID W 268.00 FEET; THENCE CONTINUING ALONG SAID A-1 PAGE NO. 2 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION f'0'iK 835 P:.iE ' S CENTERLINE N 17'00'00" W 238.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 48`00'00" W 547.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 31°00'00" W 203.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 60'00'00" W 224.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 65'30'00" W 220.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 69'00'00" W 350.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 59'30'00" W 316.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N 27'00'00" W 331.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 13 OF SAID SECTION 20; THENCE LEAVING SAID CENTERLINE OF RIVER AND ALONG THE SOUTHERLY LINE OF LOT 13 OF SAID SECTION 20 N 89'15'57" W 440.69 FEET TO THE SOUTHWEST CORNER OF LOT 13; THENCE ALONG THE WESTERLY LINE OF LOT 14 OF SAID SECTION 20 S 00'01'25" W 59.78 FEET; THENCE N 32'31'00" W 1283.00 FEET; THENCE N 47`20'00" W .156..1.80 FEET; THENCE N 81'57'00" W 1659.05 FEET TO THE EASTERLY LINE OF LOT 2 OF SAID SECTION 24; THENCE LEAVING SAID EASTERLY LINE N 78'07'04" W 1354.65 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 2; THENCE ALONG THE WESTERLY LINE OF SAID LOT 2 N 00'27'55" E 811.92 FEET TO THE SOUTHEAST CORNER OF LOT 14; THENCE ALONG THE SOUTHERLY LINE OF LOT 14 OF SAID SECTION 13 S 89`06'27" W 1335.68 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 13, BEING A GARFIELD COUNTY BRASS CAP FOUND IN PLACE; THENCE ALONG THE NORTH - SOUTH CENTERLINE OF SAID SECTION 13 N 00`52'56" E 5332.05 FEET TO THE NORTH ONE-QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE; THENCE N 00'11'14" W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 12, 458.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY FENCE OF GARFIELD COUNTY ROAD NO. 109, A REBAR AND CAP L.S. #19598 FOUND IN PLACE; THENCE S 13°28'04" E ALONG SAID RIGHT-OF-WAY FENCE 553.88 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 09`05'41" E 565.53 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY FENCE S 17'42'56" E 728.56 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 40°03'42" E 175.51 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 32'40'06" E 463.99 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FENCE AND FOLLOWING AN EXISTING FENCE N 89'53'09" E 882.14 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 81'50'40" E 60.36 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 01°30'12" E 729.75 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 01'43'30" E 1113.97 FEET; THENCE ALONG THE EASTERLY LINE OF LOT 24 OF SAID SECTION 12 N 01'21'44" E 320.88 FEET; THENCE N 47'43'00" E 590.67 FEET TO THE NORTHERLY LINE OF LOT 25 OF SAID SECTION 3.2; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25 S 89'40'00" E 75.86 FEET TO THE CENTERLINE OF THE ROARING FORK RIVER; THENCE ALONG THE CENTERLINE OF SAID RIVER S 17'43'01" E 163.46 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 30`45'18" E 163.28 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 51`43'05" E 662.76 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 44'35'57" E 175.65 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 13'33'31" E 255.65 FEET; THENCE A-2 PAGE NO. 3 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION BOOK B35 P,10E3'9 CONTINUING ALONG S?:ID CENTERLINE OF RIVER S 34`02'41" E 318.15 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 35°41'45" E 225.15 FEET; THENCE.CONTINUING ALONG SAID CENTERLINE OF RIVER S 55'38'18" E 196.47 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVERS 63'49'03" E 388.20 FEET; THENCE CONTINUING. ALONG SAID CENTERLINE OF RIVER S. 57'.51'22" E 449:02 FEET; THENCE CONTINUING. ALONG SAID CENTERLINE OF RIVERS 47'11'37" E 122.26 FEET TO A POINT ON THE .NORTHERLY. LINE OF LOT 12; THENCE LEAVING SAID CENTERLINE OF RIVER N 89'49'40" W 406.44_FEET TO THE NORTHEAST CORNER OF LOT 11 OF SAID SECTION 18; THENCE ALONG THE .EASTERLY LINE OF SAID LOTS 11 -AND 14 OF SAID SECTION 18 8 00'00'00" E 1336.51 FEET TO THE SOUTHEAST CORNER OF SAID LOT.14; -THENCE ALONG_THE SOUTHERLY -LINE OF SAID LOT 14 S .89'58'06" W 672.53 FEET TO THE SOUTH CENTER ONE-SIXTEENTH.CORNER, BEING A BLM ALUMINUM CAP' IN PLACE; THENCE ALONG THE'EASTERLY BOUNDARY OF LOT 15 OF SAID SECTION 18 S 00'36'33" W' 334.72 FEET;' THENCE N 89'55'05" E ALONG .THE SOUTHERLY LINE OF THEAN1/2N1/2S1ASE' 149.70.-FEET.TO THE CENTERLINE OF SAID ROARING FORK RIVER; THENCE-ALONG.SAID CENTERLINE OF RIVER S 25'46'54" W 106.22 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S`07'48'26" W 289.87 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S-16°19'15" E 186.82 FEET; -THENCE -CONTINUING ALONG SAID CENTERLINE OF RIVER 5°60'24'25" E 205.10 FEET;'THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER N 76`51'11" E 164.34 FEET; THENCE CONTINUING ALONG.SAID CENTERLINE OF RIVER . N 81'47'36" E 280.3.7 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER N 78`29'03" E. 233.93 FEET; THENCE CONTINUING ALONG SAID. CENTERLINE OF RIVER S 8-1°45'25" E 314.48 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER' S 61'08'27" E 374.17 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S. 46'48'37" E 211.62 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 07'22'34" E 113.14. FEET;.THENCE CONTINUING ALONG SAID.CENTERLINE OF RIVER S 25°51'48"-E 225.75 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 08'49'55" E 269.98 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 31'27'28" E 259.89 FEET; THENCE CONTINUING ALONG SAID CENTERLINE•OF RIVER S 46'16'00" .E 573.86 FEET;:THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 59'53'51" E'279.72.FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 41'56'37" E 388.06 FEET; THENCE CONTINUING ALONG SAID. CENTERLINE OF RIVER S 21'26'41 E 286.20 FEET; THENCE .CONTINUING ALONG SAID CENTERLINE OF RIVER S..08°56'52" E 81.11 FEET TO THE NORTHERLY LINE OF LOT 3 OF SAID SECTION 20; THENCE N 88'33'13" W ALONG THE NORTHERLY LINE OF SAID LOT 3 385.14 FEET TO THE NORTHWEST CORNER OF SAID,LOT 3; THENCE S 00'01'46" W ALONG THE WESTERLY LINE OF SAID LOT 3 425.16 FEET TO THE SOUTHWEST CORNER OF SAID: LOT 3; THENCE N 89'58'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 3 697.48 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE N 00'04'00" W ALONG THE EASTERLY LINE OF SAID LOT 3 407.22 FEET TO THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 20; THENCE CONTINUING ALONG SAID WESTERLY LINE N 00'04'00" W 151.69 FEET TO A POINT ON THE A-3 PAGE NO. 4 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION BOfK 835 Pir_, `7 j ? SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 314 PAGE 160 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N 84"49'54" E ALONG SAID SOUTHERLY LINE 35.88 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 85'29'12" E 47.40 FEET TO A REBAR AND CAP L.S. 114060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 85'49'41" E 103.69 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 88'22'30" E 88.83 FEET (WHENCE A REBAR AND CAP L.S. 114060 BEARS S 56`35'03" E 1.02 FEET); THENCE CONTINUING ALONG SAID SOUTHERLY. LINE N 80`42'21" E 29.94 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 64'50'54" E 99.58 FEET TO A REBAR AND CAP L.S. 114060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 70'51'54" E 37.92 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 84°32'22" E 37.12 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 59'18'15" E 53.70 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 40'58'58" E 62.22 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 28'48'44" E 153.29 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 33'50'49" E 107.91 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 63'05'54" E 298.19 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF THE DENVER & RIO GRANDE WESTERN RAILROAD; THENCE N 35'09'16" W ALONG SAID RIGHT-OF-WAY 583.96 FEET TO A POINT ON THE WESTERLY LINE OF SAID NE4NW14, (WHENCE A REBAR AND CAP L.S. 114060 BEARS S 20'19'49" E 4.66 FEET) ; THENCE N 00'05'52" E ALONG SAID WESTERLY LINE 1360.94 FEET TO THE NORTHWEST CORNER OF SAID NE'NW', A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 87'45'35" E ALONG THE NORTHERLY LINE OF SAID NEhNW' 1325.81 FEET TO TUE TRUE POINT 91 BEGINNING, SAID PARCEL CONTAINING 1123.830 ACRES, MORE OR LESS. EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY A LEASE AND AGREEMENT FOR THE SALE AND PURCHASE OF GRAVEL RECORDED IN RECEPTION NO. 305982 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE BEING DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN LOTS 1, 2, 5, 6, 7, 11 & 12 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND IN LOTS 4, 9, 10, 11, 14, 15, 16 & 17 AND IN THE SASE1/2 OF SECTION 18, 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: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 00`01'46" q BETWEEN THE NORTHWEST CORNER OF SAID SEC. 20 AND THE WEST QUARTER CORNER OF SAID SEC. 20, 1986 BLM ALUM. CAPS IN PLACE) A-4 PAGE NO. 6 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION Ea 835 pAilE252 THE WESTERLY BANK OF THE ROARING FORK RIVER; THENCE LEAVING SAID LOT LINE THE FOLLOWING FIVE (5) COURSES ALONG A LINE BEING FIVE FEET WESTERLY OF AND PARALLEL TO THE HIGH WATER LINE OF THE WESTERLY BANK OF THE ROARING FORK RIVER: 1, S 52°11'09" W 31.96 FEET 2, S 55°08'57" W 79.59 FEET 3. S 59°32'47" W 54.32 FEET 4. S 36°29'50" W 11.85 FEET 5. ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1033.63 FEET AND' A CENTRAL ANGLE OF 21°35'27", A DISTANCE OF 389.50 FEET (CHORD BEARS S 49°22'26" W 387.20 FEET) TO A POINT ON THE NORTHERLY LINE OF THE SASE; OF SAID SECTION 18; THENCE S 89°58'06" W ALONG SAID NORTHERLY LINE 234.22 FEET TO THE NORTHWEST CORNER OF SAID SASE;; THENCE S 00°36'33" W ALONG THE WESTERLY LINE OF SAID SASE; 334.72 FEET TO THE SOUTHWEST CORNER OF THE .NkN'SW'SE'; THENCE N 89955'05" E ALONG THE. SOUTHERLY LINE OF SAID N1/2N1/2SW3/4SE1/2 59.71 FEET TO A POINT WHICH IS FIVE FEET WESTERLY OF THE HIGH WATER LINE OF THE WESTERLY BANK OF THE ROARING FORK RIVER; THENCE ALONG A LINE BEING FIVE FEET WESTERLY OF AND PARALLEL TO THE HIGH WATER LINE OF THE WESTERLY BANK OF THE ROARING FORK RIVER ALONG THE ARC OF A NON - TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1033.63 FEET AND A CENTRAL ANGLE OF 16°13'19", A DISTANCEOF292.65 FEET (CHORD BEARS S 09°19'50" W 291.67 FEET); THENCE LEAVING SAID FIVE FOOT OFFSET LINE N 8923'42" W 15.53 FEET TO A POINT ON THE EASTERLY LINE OF LOT 17 OF SAID SECTION 18; THENCE S 00°36'18" W ALONG SAID EASTERLY LINE 716.59 FEET TO THE SOUTHEAST CORNER OF SAID LOT 17; THENCE S 89°46'00" W ALONG THE SOUTHERLY LINE OF SAID LOT 17, 289.11 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COLORADO MIDLAND RAILROAD; THENCE N 30°32'18" W ALONG SAID EASTERLY RIGHT-OF-WAY 1822.07 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 30°27'02" W 783.75 FEET TO A POINT ON THE SOUTHERLY LINE OF TELLER SPRINGS SUBDIVISION; THENCE N 81°50'40" E ALONG SAID SOUTHERLY LINE 5.57 FEET TO THE TRUE POINT' QF BEGINNING; SAID PARCEL CONTAINING 120.112 ACRES, MORE OR LESS. ALSO EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY A PARCEL OF LAND SITUATED IN LOT 1 AND 6 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND IN LOTS 4, 6 AND 9 OF SECTION 18, 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 NORTH QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE; THENCE S 80°09'24" E 2469.81 FEET TO A POINT ON THE EASTERLY LINE OF THE LEASE AND AGREEMENT FOR THE SALE AND PURCHASE OF GRAVEL PARCEL, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID A-6 PAGE NO. 7 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION 835 p?,!;E253 EASTERLY LINE S 86.54'40" E 90.38 FEET; THENCE N 83°12'17" E 112.38 FEET; THENCE N 48°46'15" E 165.45 FEET; THENCE S 44°59'32" E 246.06 FEET; THENCE S 82'13'10" E 210.86 FEET; THENCE S 40°56'54" E 296.12 FEET; THENCE S 37°16'31" E 360.84 FEET; THENCE S 44°29'49" W 47.14 FEET TO A POINT ON THE EASTERLY LINE OF SAID LEASE AND AGREEMENT PARCEL;.THENCE N 52.21'15" W 35.90 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 74°03'06" W 68.83 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 69°18'14" W 76.28 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 58°42'41" W 86.11 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 66°35'27" W 54.01 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 67.05'38" W 73.67 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 50°09'46" W 64.52 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 51°46'39" W 131.35 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 52°18'07" W 96.50 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 52°49'53" W 56.67 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 63°33'32" W 80.52 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 69°19'37" W 71.02 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 58°15'43" W 56.28 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 57°18'29" W 62.81 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 5930'17" W 68.30 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 65°43'26" W 93.55 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 54°12'24" W 91.37 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 5.417 ACRES, MORE OR LESS. THE ABOVE DESCRIBED PROPERTY IS ALSO SUBJECT TO THE GARFIELD COUNTY ROAD NO. 109 RIGHT-OF-WAY DESCRIBED AS FOLLOWS: A 60.00' WIDE PARCEL OF LAND SITUATED IN LOT 23 OF SECTION 12, LOTS 3, 4, 5, 8, 10, 12, 13, AND 16 OF SECTION 13, LOT 1 OF SECTION 24, ALL IN TOWNSHIP 7 SOUTH, RANGE 89 WEST, AND IN LOTS 8, 9, AND 17 OF SECTION 19, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 00°01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN PLACE) COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE; THENCE N 00°11'14" W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 12, 458.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY FENCE OF GARFIELD COUNTY ROAD NO. 109, A REBAR AND CAP L.S. #19598 FOUND IN PLACE, mg 'TRUE POINT ¢F' BEGINNING; THENCE S 13'28'04" E ALONG SAID RIGHT-OF-WAY FENCE 553.88 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE A-7 PAGE NO. 8 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION t :flr835 JK m=,2, 1 S 09'05'41" E 565.53 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY FENCE S 17'42'56" E 728.56 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 40°03'42" E 175.51 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 32°40'06" E 463.99 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FENCE AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD #109 S 32'40'06" E 25.66 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 20°26'02" E 562.19 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5287.84 FEET AND A CENTRAL ANGLE OF 05°52'29", A DISTANCE OF 542.18 FEET (CHORD BEARS S 23°22'16" E 541.94 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 26°18'31" E 854.10 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE 'r0 THE RIGHT HAVING A RADIUS OF 730.33 FEET, A CENTRAL ANGLE OF 19'45'06", A DISTANCE OF 251.77 FEET (CHORD SEARS S 16°25'57" E 250.53 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF -LAY S 06°33'24" E 156.75 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1635.67 FEET, A CENTRAL ANGLE OF 19°07'06", A DISTANCE OF 545.79 FEET (CHORD BEARS S 16606'57" E 543.26 FEET); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 20°41'20" E 11.95 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 29'02'45" E 367.48 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY • 29°19'46" E 501.69 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 32°15'50" E 38.79 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 34°46'46" E 649.59 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 46°01'35" E 38.04 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 57°35'29" E 479.98 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 57°36'01" E 517.80 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 77°49'23" E 107.47 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 78°59'34" E 402.07 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1001.79 FEET AND A CENTRAL ANGLE OF 11°53'43", A DISTANCE OF 207.98 FEET, (CHORD BEARS 5 84°56'26" E 207.61 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 89°06'43" E 181.02 FEET THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 190.10 FEET AND A CENTRAL ANGLE OF 62°50'04", A DISTANCE OF 208.48 FEET, (CHORD BEARS S 59°28'15" E 198.19 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 28°03'13" E 259.67 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1494.54 FEET AND A CENTRAL ANGLE OF 18°30'15", A DISTANCE OF 482.67 FEET, (CHORD BEARS S 37°18'21" E 480.58 FEET); THENCE CONTINUING ALONG SAID RIGHI-OF-WAY S 46°33'28" °E 453.89 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1024.62 FEET AND CENTRAL ANGLE OF 1q°52'05", A DISTANCE OF 355.30 FEET (CHORD BEARS S 36°37'26" E 353.52 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 26°41'23" E 161.91 A-8 PAGE NO. 9 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION S35 r.nv;; '�35 P��'E3 55 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1902.23 FEET AND A CENTRAL ANGLE OF 08°22'57", A DISTANCE OF 278.30 FEET, (CHORD BEARS S 30°52'52" E 278.05 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF- WAY S 35°04'20" E 518.24 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SIEVERS PARCEL; THENCE N 89°15'57" W ALONG SAID SOUTHERLY LINE 6.66 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 00°01'25" W 59.78 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 32°31'00" W 1283.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 47°20'00" W 761.88 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WA'.i OF SAID COUNTY ROAD NO. 109; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1554.54 FEET AND A CENTRAL ANGLE OF 09°36'39", A DISTANCE OF 260.76 FE.:1T, (CHORD BEARS N 32°51'33" W 260.45 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 28.03'13" W 259.67 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 130.10 FEET AND A CENTRAL ANGLE OF 62°50'04", A DISTANCE OF 142.68 FEET, (CHORD BEARS N 59°28'15" W 135.64 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF- WAY S 89°06'43" W 177.52 FEET TO A POINT ON THE SOUTHERLY LINE OF THE SIEVERS PARCEL; THENCE N 47°20'00" W ALONG SAID SOUTHERLY LINE 41.37 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N 81°57'00" W 723.48 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID GARFIELD COUNTY ROAD NO. 109; THENCE N 57°36'01" W ALONG SAID WESTERLY RIGHT-OF-WAY 513.47 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 57°35'29" W 486.06 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 46°01'35" W 50.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 34°46'46" W 656.82 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 32°15'50" W 41.64 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 29°19'46" W 503.37 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 29.02'45" W 372.01 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20°41'20" W 13.75 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1695.67 FEET AND A CENTRAL ANGLE OF 19°01'46", A DISTANCE OF 563.17 FEET (CHORD BEARS N 16°04'17" W 560.59 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 06°33'24" W 156.75 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 670.33 FEET AND A CENTRAL ANGLE OF 19°45'06", A DISTANCE OF 231.09 FEET (CHORD BEARS N 16°25'57" W 229.94 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 26°18'31" W 854.10 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5347.84 FEET AND A CENTRAL ANGLE OF 05°52'29", A DISTANCE OF 548.33 FEET (CHORD BEARS N 23°22'16" W 548.09 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20°26'02" W 555.76 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 32°40'06" W 479.34 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY A-9 PAGE NO. 10 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION r P t, inK S35 KE ,? -5E:, N 40°03'42" W 183.48 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 17°42'56" W 744.93 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 09'05'41" W 567.76 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 13°28'04" W 297.39 FEET TO A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 12; THENCE N 00°11'14" W 261.19 FEET TO THE TRUE POINT OF $EGINNING; SAID RIGH• -OF -WAY CONTAINING 14.169 ACRES, MORE OR LESS. THE ABOVE DESCRIBED PROPERTY IS ALSO SUBJECT TO THE COLORADO STATE HIGHWAY #82 RIGHT-OF-WAY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NEVA AND IN LOTS 5, 6, 7, 10, 11, 16, AND 20 OF SECTION 20 AND IN LOT 2 OF SECTION 29, ALL IN 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: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 00°01'46" W BETWEEN THE NORTHWEST CORNER OF S_tID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN PLACE) BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20; THENCE S 47'24'1" E 1785.35 FEET TO THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF WAY OF COLORADO STATE HIGHWAY #82 AND THE WESTERLY LINE OF SAID NE;NW', THE TRUE POINT OF BEGINNING; THENCE N 00'05'52" E 424.97 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID COLORADO STATE HIGHWAY #82; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY S 35°21'30" E 2312.28 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 18°39'30" E 104.40 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 35°21'30" E 1600.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 52°03'30" E 104.40 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 35°21'30" E 495.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5730.00 FEET AND A CENTRAL ANGLE OF 04°21'31", A DISTANCE OF 435.91 FEET (CHORD BEARS S 37°36'30" E 435.80 FEET); THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 39°51'30" E 455.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 5259'30" E 44.97 FEET TO A PuINT ON THE EASTERLY LINE OF SAID LOT 16; THENCE ALONG SAID EASTERLY LINE S 01°30'51" W 94.50 FEET TO THE SOUTHEAST CORNER OF LOT 16 OF SAID SECTION 20; THENCE ALONG THE EASTERLY LINE OF LOT A-10 PAGE NO. 11 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION ri•r BOOK 835 PAGE 35 2 OF SAID SECTION 29 S 01°21157" W 462.08 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID STATE HIGHWAY #82; THENCE ALONG SAID SOUTHERLY RIGHT=OF-WAY N 35°09'16" W 3904.20 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY S.88•33'59" E.62.27 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY N.35.°09'16" W 652.28 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY S 00°11'56" E 87.27. FEET;THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 35°09'16" W 1191.18 FEET TO THL,'i`EUE POINT OF BEGINNING, SAID PARCEL CONTAINING 31.789 ACRES MORE OR LESS. THE ABOVE DESCRIBED PROPERTY IS ALSO SUBJECT TO THE DENVER & RIO GRANDE WESTERN RAILROAD RIGHT-OF-WAY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN -THE NE4NW1/2 AND IN LOTS 5, 6, 7, 10, 11, 16, AND 20 OF SECTION 20. AND IN LOT 2 OF SECTION 29, ALL IN 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: (ALL BEARINGS CONTAINED HEREIN.ARE'.BASED'ON A BEARING OF S 00°01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN. PLACE) BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20; THENCE' S 47°24'11" E 1785.35 FEET TO: THE POINT OF INTERSECTION OF: THE NORTHERLY RIGHT-OF-WAY OF THE DENVER & RIO GRANDE WESTERN RAILROAD. - AND THE WESTERLY LINE OF SAID NE;NW1/4, THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY OF SAID RAILROAD S 35..09'16" E 1191.18 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RAILROAD RIGHT-OF-WAY N'00°11156" W 87.27 FEET; THENCE -CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 35°09'16".E 652.28. FEET; THENCE. - CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N 88°33'59."'W 62.27 ' FEET; THENCE. CONTINUING' ALONG. SAID NORTHERLY RIGHT-OF-WAY S 35'09116" E . 3904.20FEET TO .A POINT ON THE EASTERLY LINE OF -LOT - 2 F -LOT2 OF SAID SECTION 29; THENCE. ALONG THE EASTERLYLINE OF SAID LOT 2 SOUTH. 01'21'57" W 168.04 FEET 'TO A POINT OF INTERSECTION OF THE. SOUTHERLY RIGHT-OF-WAY LINE' OF SAID DENVER & :.RIO ' GRANDE WESTERN RAILROAD AND THE EASTERLY LINE OF SAID'LOT 2; THENCE ALONG SAID . SOUTHERLY RIGHT-OF-WAY LINEN 35.09/16"-W.411348 FEET; THENCE ' CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY.LINE N 88.T.33:'59" W 62.27 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY: RIGHT-OF-WAY.: LINE N 35°09'16" W 217.72 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 00°11'56" W 87.27 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF=WAY LINE N 35'09'16" W 608:79 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE S 35°09'16" W 583.96 FEET TO A POINT ON THE WESTERLY LINE OF THE A-11 PAGE NO. 5 ASPEN GLEN CLUB P.U.D. PROPERTY DESCRIPTION 835 1 1 - COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE, THENCE S 43°21'15" E 2540.23 FEET TO THE SOUTHEAST CORNER OF THE TELLER SPRINGS SUBDIVISION, THE TRUE POINT OF BEGIMNIIIG; THENCE N O1°30'12" E ALONG THE EASTERLY LINE OF SAID SUBDIVISION 729.75 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N 01°43'30" E 1113.97 FEET TO THE NW CORNER OF LOT 1 OF SAID SECTION 13; THENCE LEAVING SAID EASTEL.LY LINE S 89°52'09" E ALONG THE NORTHERLY LINE OF SAID LOT 1, 103.76 FEET TO A POINT BEING 5.0 FEET SOUTHWESTERLY OF THE ROBERTSON DITCH; THENCE THE FOLLOWING THIRTY FOUR (34) COURSES ALONG A LINE BEING FIVE FEET SOUTHWESTERLY OF AND PARALLEL TO SAID DITCH: 1. S 32'39'14" E 126.21 FEET 2. S 46°44'01" E 101.92 FEET 3. S 58°33'08" E 103.32 FEET 4. S 58'00'02" E 64.81 FEET 5. S 67°42'09" E 113.94 FEET 6. S 56°01'54" E 86.09 FEET 7. S 48°44'16" E 94.31 FEET 8. S 54°12'24" E 91.37 FEET 9. S 65°43'26" E 93.55 FEET 10. S 59°30'17" E 68.30 FEET 11. S 57°18'29" E 62.81 FEET 12. S 58°15'43" E 56.28 FEET 13. S 69°19'37" E 71.02 FEET 14. S 63°33'32" E 80.52 FEET 15. S 52'49153" E 56.67 FEET 16. S 52°18'07" E 96.50 FEET 17. S 51°46'39" E 131.35 FEET 18. S 50°09'46" E 64.52 FEET 19. S 67°05'38" E 73.67 FEET 20. S 66°35'27" E 54.01 FEET 21. S 58°42'41: E 86.11 FEET 22. S 69°18'14" E 76.28 FEET 23. S 74°03'06" E 68.83 FEET 24. S 52°21'15" E 35.90 FEET 25. S 49°04'22" E 61.97 FEET 26. S 41°07'16" E 105.82 FEET 27. S 33°43'47" E 107.86 FEET 28. S 31°39'54" E 78.81 FEET 29. S 44°00'03" E 113.96 FEET 30. S 52°24'20" E 86.50 FEET 31. S 35°41'35" E 43.48 FEET 32. S 18°54'25" E 62.55 FEET 33. S 26'48'20" E 139.55 FEET 34. S 23°50'33" E 101.77 FEET TO A POINT ON THE EASTERLY LINE OF LOT 11 OF SAID SECTION 18; THENCE S 00°00'00" E ALONG THE EASTERLY LINE OF SAID LOT 11 AND LOT 14 OF SAID SECTION 18 622.77 FEET TO A POINT BEING 5.0 FEET WESTERLY OF THE HIGH WATER LINE OF A-5 RECORDED F..36 O`CLOCK/% .M. REC a 464122 JUN B 6 ;;;gy MILDRED ALSDORF, GARF.CELDD COUNTY CLERK DISTRICT COURT, GARFIELD COUNTY, STATE OF COLORADO Case No. 94CV29 Boor.0904 724 ORDER -AND. DECREE CREATING. DISTRICT IN -RE:. THE ORGANIZATION OF THE ASPEN GLEN.WATER & SANITATION DISTRICT' THIS MATTER, coming before the Court upon the Motion for Order Declaring District Organized submitted by. the. Petitioners in support of the Aspen Glen Water & Sanitation District, and it appearing to the Court that theelection was held on May 3, 1994,.' in accordance with the Order .Calling -Election on Organization.. entered by this Court on April 6, 1994 (hereafter ''Order"); and IT FURTHER APPEARING that the aforesaid election was dulyheld at the time and place set forth_in the Order and that at said election there was submitted to -the eligible electors the question. of the organization of the Aspen Gieri Water &.Sanitation District, Garfield County, Colorado, and the election of the initial Board, of Directors for such District, together with all questions necessary to implement the provisions of Article . X, Section, 20, of :the. Colorado Constitution as specified in the Order; and`. IT FURTHER APPEARING that the required Notice of Election was.. dulypublished in compliance with the aforementioned Order -in: -the Valley Journal, .a newspaper -of general Circulation in the proposed District, one time, at least ten daysprior : to the election; that notice was duly mailed . pursuant to Article_ X, Section 20 of the Colorado Consttutionand the applicable :provisions-ofC.R.S.:1-5 206(2), C.R.S. 1-5-207, and C.R.S.`32-1-_1101-[°2), al'l'in cornp].iance.. with law and the Order; that all of the ballots which were cast at. said election were cast . by eligible :. electors. of ; the proposed District who were registered to, vote pursuant to _the --.Uniform Election Code of 1992 and who either had `-been`res `idents of --the proposed District for notlessthan:. twenty=:five.-.(25)-_-days, or;who. or whose spouse owns taxable real or personal property situated within the boundaries of the proposed District, whether said person resides within the proposed District or not, or who are obligated to pay taxes under a contract to purchase taxable property within the boundaries of the proposed District. �awu� 790 /� p (.�i . �, e..rp 49444z, . OD 0 /40.1_, BooK0904 r4cr 725 THE COURT FINDS that the following ballots were cast on the question of the proposed District: For the organization of the Aspen Glen Water & Sanitation District Against the organization of the Aspen Glen Water & Sanitation District Votes Cast 7 0 That the following qualified persons were duly elected as Directors of the District for the indicated terms set forth beside their name: Name John R. Elkins James A. Woods Terri Hart Jon T. Brown Michael W. Elkins 4 years 4 years 4 years 2 years 2 years Term (until regular (until regular (until regular (until regular (until regular election election election election election 1998) 1998) 1998) 1996) 1996) That the following ballot issues were approved as submitted at said election pursuant to C.R.S. 32-1-803(5) and Article X, Section 20, Colorado Constitution, receiving the votes indicated herein: #1 - SHALL ASPEN GLEN WATER & SANITATION DISTRICT TAXES BE INCREASED $120,000 ANNUALLY or by such lesser annual amount as may be necessary to pay the District's general costs or evidences of indebtedness; such taxes to consist of an ad valorem property tax mill levy imposed at the initial rate of 7.981 mills, or at such other rate and in amounts, without limitation, sufficient to produce the annual increase set forth above or such lesser amount as may be necessary; and shall the revenue from such taxes and any other monies used to pay such general costs or other evidences of indebtedness, and investment income thereon, be collected and spent by the District without regard to any expenditure, revenue -raising, or other limitation contained within Article X, Section 20 of the Colorado Constitution? YES NO 7 0 #2 - SHALL ASPEN GLEN WATER & SANITATION DISTRICT DEBT BE INCREASED $295,000 WITH A REPAYMENT COST OF $460,000; such debt to consist of a promissory note secured by the revenues of the District, or other evidences of indebtedness, issued for the purpose of acquiring real property, or otherwise acquiring, constructing, installing or completing any or all facilities necessary and related to providing -2- soox0904 P as: 726 and operating a sanitary sewage system and treatment plant, such promissory note or other evidences of indebtedness to be issued at a maximum net effective interest rate of 8% per annum, and to mature or be payable not more than twelve (12) years after issuance; and shall the proceeds of such evidences of indebtedness, and investment income thereon, be collected and spent by the District without regard to any expenditure, revenue raising, or other limitation contained within Article X, Section 20 of the Colorado Constitution? YES NO 7 0 #3 -SHALL ASPEN GLEN WATER & SANITATION DISTRICT collect and spend, without limitation (i) proceeds of debt incurred following voter approval after organization of the District (ii) proceeds of ad valorem taxes collected for the payment of such debt, and (iii) revenues from any other revenue source from which the debt is payable, all of which proceeds and revenues may be collected and spent without limitation or condition under Article X, Section 20 of the Constitution of the State of Colorado; and shall the collection and spending of the proceeds of such debt and revenues from the tax increase levy to pay debt (or other revenue source from which the debt is payable), not limit the District's collection and spending of other revenues or funds under Article X, Section 20 of the Constitution of the State of Colorado, which proceeds and revenues may be received and spent without any limitation or condition under Article X, Section 20, and which collection and spending of such debt proceeds and revenues will not affect the District's collection and spending of other revenues and funds under Article X, Section 20 of the Constitution of the State of Colorado? YES 7 NO 0 AND IT FURTHER APPEARING TO THE COURT that the aforesaid election was held in accordance with Part 8 of Article 1 of Title 32, C.R.S.; AND IT FURTHER APPEARING that all of the provisions of law, and more particularly all of the requirements of Title 32, Article 1, Part 3; Title 1, Parts 1-13, Colorado Revised Statutes, as Amended; and Article X, Section 20, Colorado Constitution, have been complied with, met and performed in the organization of the District; AND THE COURT, being fully advised in the premises hereby ORDERS AND DECREES that: -3- BooB0904 plc, 727 The District has been duly and regularly organized and shall be known as "Aspen Glen Water & Sanitation District" in Garfield County, Colorado. The organization of the Aspen Glen Water & Sanitation District shall be effective as of May 3, 1994. Said District shall be a quasi -municipal corporation and political subdivision of the State of Colorado with all the powers thereof. The facilities, services and financial arrangements of the District shall conform as far as practicable to the approved Service Plan and Resolution of Approval of the Board of County Commissioners of Garfield County, Colorado. The approved Service Plan and Resolution of Approval required by Title 32, Article 1, Part 2, Colorado Revised Statutes, previously filed in the within action shall be and the same are hereby incorporated by reference into this Order. In accordance with C.R.S. 32-1-305.5(5), the Clerk of the Court shall issue Certificates of Election for the Directors elected. The Aspen Glen Water & Sanitation District is located in Garfield County, Colorado, and is more particularly described as follows: A parcel of land situated in Lots 23 and 25 of Section 12, Lots 1 and 3 through 16 of Section 13 and Lots 1 and 2 of Section 24, Township 7 South, Range 89 West, and in the SW1/4SE1/4, SE1/4SE1/4 and Lots 4,6,7,9 through 11 and 14 through 17 of Section 18 and the NE1/4NE1/4 and Lots 1, 3 through 12 and 15 through 17 of Section 19 and the NEI/4NW1/4 and Lots 2,4 through 16,19,20 of Section 20, Lots 2,3,4,8, and 9 of Section 29 Township 7 South, Range 88 West of the 6th P.M., County of Garfield, State of Colorado being more particularly described as follows: Beginning at the North 1/4 Corner of said Section 13; thence North 00 degrees 11 minutes 14 seconds West (N 00°11'14" W) along the North-South Centerline of said Section 12, a distance of 458.62 feet to a point on the Easterly Right -of -Way fence of Garfield County Road No. 109, marked by a rebar and cap L.S. 19598; thence along said right-of-way fence the following five (5) courses: 1] South 13 degrees 28 minutes 04 seconds East (S 13'28'04" E), a distance of 553.88 feet; 2] South 09 degrees 05 minutes 41 seconds East (S 09°05'41" E), a distance of 565.53 feet: 3] South 17 degrees 42 minutes 56 seconds East (S 17°42'56" E), a distance of 728.56 feet; 4] South 40 degrees 03 minutes 42 seconds East (S 40°03'42" E), a distance of 175.51 feet; 5] South 32 degrees 40 minutes 06 seconds East (S 32°40'06" E), a distance of 463.99 feet; —4— _ BO0O904 728 thence leaving said right-of-way fence and following an existing fence the following four (4) courses: 1] North 89 degrees 53 minutes 09 seconds East (N 89°53'09" E), a distance of 882.14 feet; 2] North 81 degrees 50 minutes 40 seconds East (N 81°50'40" E), a distance of 60.36 feet; 3] North 01 degrees 30 minutes 12 seconds East (N 01°30'12" E), a distance of 729.75 feet; 4] North 01 degrees 43 minutes 30 seconds East (N 01°43'30" E), a distance of 1113.97 feet to a point on the Easterly line of Lot 24 of said Section 12; thence North 01 degrees 21 minutes 44 seconds East (N 01°21'44" E) along said Easterly line, a distance of 320.88 feet; thence North 47 degrees 43 minutes 00 seconds East (N 47°43'00" E), a distance of 590.67 feet to a point on the Northerly line of Lot 25 of said Section 25; thence South 89 degrees 40 minutes 00 seconds East (S 89°40'00" E) along said Northerly line, a distance of 75.86 fact to a point in the centerline of the Roaring Fork River; thence following said centerline of said Roaring Fork River the following eleven (11) courses: 1] South 17 degrees 43 minutes 01 seconds East (S 17°43'01" E), a distance of 163.46 feet; 2] South 30 degrees 45 minutes 18 seconds East (S 30°45'18" E), a distance of 163.28 feet; 3] South 51 degrees 43 minutes 05 seconds East (S 51°43'05" E), a distance of 662.76 feet; 4] South 44 degrees 35 minutes 57 seconds East (S 44°35'57" E), a distance of 175.65 feet; 5] South 13 degrees 33 minutes 31 seconds East (S 13°33'31" E), a distance of 255.65 feet; 6] South 34 degrees 02 minutes 41 seconds East (S 34°02'41" E), a distance of 318.15 feet; 7] South 35 degrees 41 minutes 45 seconds East (S 35°41'45" E), a distance of 225.15 feet; 8] South 55 degrees 38 minutes 18 seconds East (S 55°38'18" E), a distance of 196.47 feet; 9] South 63 degrees 49 minutes 03 seconds East (S 63°49'03" E), a distance of 388.19 feet; 10] South 57 degrees 51 minutes 22 seconds East (S 57°51'22" E), a distance of 449.02 feet; 11] South 47 degrees 11 minutes 37 seconds East (S 47°11'37" E), a distance of 122.26 feet to a point on the Northerly line of Lot 12 said Section 18; thence North 89 degrees 49 minutes 40 seconds West (N 89°49'40" W), a distance of 406.44 feet to the Northeast corner of said Lot 11 of said Section 18; thence South 00 degrees 00 minutes 00 seconds East (S 00°00'00" E) along the Easterly line of said Lots 11 and 14 of said Section 18, a distance of 1336.51 feet to the Southeast corner of said Lot 14; thence South 89 degrees 58 minutes 06 seconds West (S 89°58'06" W), a distance of 672.53 feet to the South Center 1/16 corner -5- Bocnt0904;1r.; 729 of said Section 18, marked by a BLM aluminum cap; thence South 00 degrees 36 minutes 33 seconds West (S 00°36'33" W) along the Easterly line of said Lot 15 of said Section 18, a distance of 334.72 feet; thence North 89 degrees 55 minutes 05 seconds East (N 89°55'05" E) along the South line of the N1/2N1/2SW1/4SE1/4 of said Section 18, a distance of 149.70 feet to said centerline of said Roaring Fork River; thence along said centerline of said Roaring Fork river the following nineteen (19) courses: 1] South 25 degrees 46 minutes 54 seconds West (S 25°46'54" W), a distance. of 106.22 feet; 2] South 07 degrees 48 minutes 26 seconds West (S 07°48'26" W), a distance of 289.87 feet; 3] South 16 degrees 19 minutes 15 seconds East (S 16°19'15" E), a distance of 186.82 feet; 4] South 60 degrees 24 minutes 25 seconds East (S 60°24'25" E), a distance of 205.10 feet; 5] North 76 degrees 51 minutes 11 seconds East (N 76°51`11" E), a distance of 164.34 feet; 6] North 81 degrees 47 minutes 36 seconds East (N 81°47'36" E), a distance of 280.37 feet; 7] North 78 degrees 29 minutes 03 seconds East (N 78°29'03" E), a distance of 233.93 feet; 8] South 81 degrees 45 minutes 25 seconds East (S 81°45'25" E), a distance of 314.48 feet; 9] South 61 degrees 08 minutes 27 seconds East (S 61°08'27" E), a distance of 374.17 feet; 10] South 46 degrees 48 minutes 37 seconds East (S 46°48'37" E), a distance of 211.62 feet: 11] South 07 degrees 22 minutes 34 seconds East (S 07°22'34" E), a distance of 113.14 feet; 12] South 25 degrees 51 minutes 48 seconds East (S 25°51'48" E), a distance of 225.75 feet; 13] South 08 degrees 49 minutes 55 seconds East (S 08°49'55" E), a distance of 269.98 feet; 14] South 31 degrees 27 minutes 28 seconds East (S 31°27'28" E), a distance of 259.89 feet; 15] South 46 degrees 16 minutes 00 seconds East (S 46°16'00" E), a distance of 573.86 feet; 16] South 59 degrees 53 minutes 51 seconds East (S 59°53'51" E), a distance of 279.72 feet; 17] South 41 degrees 56 minutes 37 seconds East (S 41°56'37" E), a distance of 388.06 feet; 18] South 21 degrees 26 minutes 41 seconds East (S 21°26'41" E), a distance of 286.20 feet; -6- Beo0.09O4 i':c: 730 19] South 08 degrees 56 minutes 52 seconds East (S 08°56'52" E), a distance of 81.11 feet to a point on the North line of said Lot 3 of said Section 20; thence North 88 degrees 33 minutes 13 seconds West (N 88°33'13" W) along said North line, a distance of 385.14 feet to the northwest corner of said Lot 3; thence South 00 degrees 01 minutes 46 seconds West (S 00°01'46" W) along the West line of said Lot 3, a distance of 425.16 feet to the Southwest corner of said Lot 3 marked by a BLM aluminum cap; thence North 89 degrees 58 minutes 19 seconds East (N 89°58'19" E) along the South line of said Lot 3 and along the North line of said Lot 8 of said Section 20, a distance of 697.48 feet to the Southeast corner of said Lot 3 marked by a BLM aluminum cap; thence North 00 degrees 04 minutes 00 seconds West (N 00°04'00" W) along the East line of said Lot 3, a distance of 407.22 feet to the northeast corner of said Lot 3; thence North 00 degrees 04 minutes 00 seconds West (N 00°04'00" W) along the West line of said Lot 4, said Section 20, a distance of 151.69 feet to a point on the South line of a parcel of land described in Book 314 at Page 160 of the Garfield County clerk and Recorder's Office; thence along said South line the following thirteen (13) courses; 1] North 84 degrees 49 minutes 54 seconds East (N 84°49'54" E), a distance of 35.88 feet; 2] North 85 degrees 29 minutes 12 seconds East (N 8.5°29'12" E), a distance of 47.40 feet; 3] South 85 degrees 49 minutes 41 seconas East (S 85°49'41" E), a distance of 103.69 feet; 4] South 88 degrees 22 minutes 30 seconds East (S 88°22'30" E), a distance of 88.83 feet; 5] North 80 degrees 42 minutes 21 seconds East (N 80°42'21" E), a distance of 29.94 feet; 6] North 64 degrees 50 minutes 54 seconds East (N 64°50'54" E), a distance of 99.58 feet; 7] North 70 degrees 51 minutes 54 seconds East (N 70°51'54" E), a distance of 37.92 feet; 8] South 84 degrees 32 minutes 22 seconds East (S 84°32'22" E), a distance of 37.12 feet; 9] South 59 degrees 18 minutes 15 seconds East (S 59°18'15" E), a distance of 53.70 feet; 10] South 40 degrees 58 minutes 58 seconds East (S 40°58'58" E), a distance of 62.22 feet; 11] South 28 degrees 48 minutes 44 seconds East (S 28°48'44" E), a distance of 153.29 feet; 12] South 33 degrees 50 minutes 49 seconds East (S 33°50'49" E), a distance of 107.91 feet; 13] North 63 degrees 05 minutes 54 seconds East (N 63°05'54" E), a distance of 298.19 feet to a point on the Southwesterly Right -of- Way of the Denver and Rio Grande Western Railroad; thence North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W) along said right-of-way, a distance of 583.96 feet to a point on the West line of said NE1/4NW1/4 of said Section 20; thence North 00 degrees 05 minutes 52 seconds East (N 00°05'52" E) along -7- BOOX0904 Pfr. 731 said West line, a distance of 1360.94 feet to the Northwest corner of said NE1/4NW1/4 marked by a BLM aluminum cap; thence South 87 degrees 45 minutes 35 seconds East (S 87°45'35" E) along the North line of said NE1/4NW1/4, a distance of 1325.81 feet to the North 1/4 corner of said Section 20 marked by a BLM aluminum cap; thence South 00 degrees 12 minutes 30 seconds East (S 00°12'30" E) along the East line of said NE1/4NW1/4, a distance of 1378.55 feet to the Southeast corner of said NE1/4NW1/4 marked by a BLM aluminum cap; thence South 89 degrees 38 minutes 40 seconds East (S 89°38'40" E) along the North line of Lot 19 of said Section 20, a distance of 1305.39 feet to the Northeast corner of said Lot 19 marked by a BLM aluminum cap; thence South 00 degrees 05 minutes 56 seconds East (S 00°05'56" E) along the East line of said Lot 19, a distance of 1289.48 feet to the Southeast corner of said Lot 19 being also a point on the north line of Lot 20 of said Section 20 marked by a BLM aluminum cap; thence South 88 degrees 36 minutes 52 seconds East (S 88°36'52" E) along said North line, a distance of 1304.01 feet to the East 1/4 corner of said Section 20 marked by a BLM aluminum cap; thence South 01 degrees 23 minutes 50 seconds East (S 01°23'50" E) along the East line of said Lot 20, a distance of 1320.18 feet to the Southeast corner of said Lot 20 marked by a BLM aluminum cap; thence North 89 degrees 35 minutes 53 seconds West (N 89°35'53" W) along the South line of said Lot 20, a distance of 684.04 feet to a point on the East line of said Lot 16 of said Section 20 marked by a BLM aluminum cap; thence South 01 degrees 30 minutes 51 seconds West (S 01830'51" W) along said East line of said Lot 16, a distance of 1262.19 feet to the Southeast corner of said Lot 16 being also the northeast corner of Lot 2 of said Section 29, marked by a BLM aluminum cap; thence South 01 degrees 21 minutes 57 seconds West (S 01 °21'57" W) along the East line of said Lot 2 , a distance of 917.83 feet to said centerline of said Roaring fork River; thence along said centerline the following twenty (20) courses: l ] North 44 degrees 00 minutes 00 seconds West (N 44°00'00" W), a distance of 272.02 feet; 2] North 57 degrees 00 minutes 00 seconds West (N 57°00'00" W), a distance of 238.00 feet; 3] North 84 degrees 00 minutes 00 seconds West (N 84°00'00" W), a distance of 240.00 feet; 4] South 72 degrees 00 minutes 00 seconds West (S 72°00'00" W), a distance of 277.00 feet; 5] South 56 degrees 00 minutes 00 seconds West (S 56°00'00" W), a distance of 290.00 feet; 6] South 39 degrees 00 minutes 00 seconds West (S 39°00'00" W), a distance of 300.00 feet; 7] South 31 degrees 00 minutes 00 seconds West (S 31°00'00" W), a distance of 352.00 feet; 8] South 50 degrees 00 minutes 00 seconds West (S 50°00'00" W), a distance of 220.00 feet; 9] South 70 degrees 00 minutes 00 seconds West (S 70°00'00" W), a distance of 297.00 feet; -8- BOORO904ptu732 10] North 48 degrees 00 minutes 00 seconds West (N 48°00'00" W), a distance of 375.00 feet; 11] North 24 degrees 00 minutes 00 seconds West (N 24°00'00" W), a distance of 268.00 feet; 12] North 11 degrees 00 minutes 00 seconds West (N 11°00'00" W), a distance of 268.00 feet; 13] North 17 degrees 00 minutes 00 seconds West (N 17°00'00" W), a distance of 238.00 feet; 14] North 48 degrees 00 minutes 00 seconds West (N 48°00'00" W), a distance of 547.00 feet; 15] North 31 degrees 00 minutes 00 seconds West (N 31°00'00" W), a distance of 203.00 feet; 16] North 60 degrees 00 minutes 00 seconds West (N 60°00'00" W), a distance of 224.00 feet; 17] North 65 degrees 30 minutes 00 seconds West (N 65°30'00" W), a distance of 220.00 feet; 18] North 69 degrees 00 minutes 00 seconds West (N 69°00'00" W), a distance of 350.00 feet; 19] North 59 degrees 30 minutes 00 seconds West (N 59°30'00" W), a distance of 316.00 feet; 20] North 27 degrees 00 minutes 00 seconds West (N 27°00'00" W), a distance of 331.00 feet to a point on the North line of Lot 14 of said Section 20; thence North 89 degrees 15 minutes 57 seconds West (N 89°15'57" W) along said North line, a distance of 440.69 feet to the Southwest corner of said Lot 13 of said Section 20; thence South 00 degrees 01 minutes 25 seconds West (S 00°01'25" W) along the West line of said Lot 14, a distance of 59.78 feet; thence North 32 degrees 31 minutes 00 seconds West (N 32°31'00" W), a distance of 1283.00 feet; thence North 47 degrees 20 minutes 00 seconds West (N 47°20'00" W), a distance of 1561.80 feet; thence North 81 degrees57 minutes 00 seconds West (N 81°57'00" W), a distance of 1659.05 feet to a point on the East line of Lot 2 of said Section 24; thence North 78 degrees 07 minutes 04 seconds West (N 78°07'04" W), a distance of 1354.65 feet to a point on the West line of said Lot 2; thence North 00 degrees 27 minutes 55 seconds East (N 00°27'55" E) along said West line of said Lot 2, a distance of 811.92 feet to the Southeast corner of Lot 14 of said Section 13; thence South 89 degrees 06 minutes 27 seconds West (S 89°06'27" W) along the South line of said Lot 14, a distance of 1335.68 feet to the South 1/4 Corner of said Section 13; thence North 00 degrees 52 minutes 56 seconds East (N 00°52'56" E) along the North-South Centerline of said Section 13, a distance of 5332.05 feet to the point of beginning. Excepting therefrom the Colorado Highway 82 Right -of -Way and the Garfield County Road 109 Right -of -Way. Excepting from the above described parcel a lease and agreement for the sale and purchase of gravel recorded in Reception No. 305982 of the Garfield County clerk and Recorder's office being described as follows: A parcel of ]and situated in Lots 1,2,5,6,7,11 and 12 of Section 13, Township 7 South, Range 89 West and in Lots 4,9,10,11,14,15,16, and 17 and in the SW1/4SE1/4 of Section 18, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of -9- 800.4904:,v:734 27] South 33 degrees 43 minutes 47 seconds East (S 33°43'47" E), a distance of 107.86 feet; 28] South 31 degrees 39 minutes 54 seconds East (S 31°39'54" E), a distance of 78.81 feet; 29] South 44 degrees 00 minutes 03 seconds East (S 44°00'03" E), a distance of 113.96 feet; 30] South 52 degrees 24 minutes 20 seconds East (S 52°24'20" E), a distance of 86.50 feet; 31] South 35 degrees 41 minutes 35 seconds East (S 35°41'35" E), a distance of 43.48 feet; 32] South 18 degrees 54 minutes 25 seconds East (S 18°54'25" E), a distance of 62.55 feet; 33] South 26 degrees 48 minutes 20 seconds East (S 26°48'20" E), a distance of 139.55 feet; 34] South 23 degrees 50 minutes 33 seconds East (S 23°50'33" E), a distance of 101.77 feet to a point on the Easterly line of said Lot 11 of said Section 18; thence South 00 degrees 00 minutes 00 seconds East (S 00°00'00" E), along the Easterly line of said Lot 11 and said Lot 14 of said Section 18a distance of 622.77 feet to a point being 5.0 feet Westerly of the high water line of the Westerly bank of the Roaring Fork River; thence leaving said Lot line the following five courses along a line being 5 feet Westerly of and parallel to the high water line of the Westerly bank of the Roaring Fork River 1] South 52 degrees 11 minutes 09 seconds West (S 52°11'09" W), a distance of 31.96 feet; thence 2] South 55 degrees 08 minutes 57 seconds West (S 55°08'57" W), a distance of 79.59 feet; thence 3] South 59 degrees 32 minutes 47 seconds West (S 59°32'47" W), a distance of 54.32 feet; thence 4] South 36 degrees 29 minutes 50 seconds West (S 36°29'50" W), a distance of 11.85 feet; thence 5] along a curve to the left having a radius of 1033.63 feet, arc length of 389.56 feet, delta angle of 21 degrees 35 minutes 39 seconds (21°35739"), a chord bearing of South 49 degrees 22 minutes 20 seconds West (S 49°2T20" W), and a chord length of 387.26 feet to a point on the Northerly line of the SW1/4SE1/4 of said Section 18; thence South 89 degrees 58 minutes 06 seconds West (S 89°58'06" W), along said Northerly line a distance of 234.18 feet to the Northwest corner of said SW1/4SE1/4; thence South 00 degrees 36 minutes 33 seconds West (S 00°36733" W), along the Westerly line of said SWI/4SE1/4 a distance of 334.72 feet; to the Southwest corner of the N1/2n1/2SW1/4SE1/4; thence North 89 degrees 55 minutes 05 seconds East (N 89°55'05" E), along the Southerly line of said N1/2N1/2SW1/4SE1/4 a distance of 59.71 feet to a point which is 5.0 feet Westerly of the high water line of the Westerly bank of the Roaring Fork River; thence along a line being 5.0 feet Westerly of and Parallel to the high water line of the Westerly bank of the Roaring Fork River along a curve to the left having a radius of 1033.63 feet, arc length of 292.65 feet, delta angle of 16 degrees 13 minutes 19 seconds (16°13'19"), a chord bearing of South 09 degrees 19 minutes 50 seconds West (S 09°19'50" W), and a chord length of 291.67 feet; thence leaving said 5.0 foot offset line North 89 degrees 23 minutes 42 seconds West (N 89°23'42" W), a distance of 15.53 feet to a point on the Easterly line of said Lot 17 of said Sectionl8; thence South 00 degrees 36 minutes 19 seconds West (S 00°36719" W), along said -11- B01W0904 ".r.i 135 Easterly line a distance of 716.59 feet to the Southeast corner of said Lot 17; thence South 89 degrees 46 minutes 00 seconds West (S 89°46'00" W), along the Southerly line of said Lot 17 a distance of 289.11 feet; to apoint on the Easterly Right -of -Way of Colorado Midland Railroad; thence North 30 degrees 32 minutes 18 seconds West (N 30°32'18" W), along said Easterly Right -of -Way a distance of 1822.07 feet; thence North 30 degrees 27 minutes 02 seconds West (N 30°27'02" W), along said Right -of -Way a distance of 783.75 feet to a point on the Southerly line of said Teller Springs Subdivision; thence North 81 degrees 50 minutes 40 seconds East (N 81°50'40" E), along said Southerly line a distance of 5.57 feet to the point of beginning; and containing 120.112 acres more or less. Garfield County Road #109 Right -of -Way A 60.00 foot wide parcel of land situated in Lot 23 of Section 12, Lots 3,4,5,8,10,12,13; and 16 of Section 13, Lot 1 of Section 24, all in Township 7 South, Range 89 West, and in Lots 8,9, and 17 of Section 19, Township 7 South, Range 88 West of the 6th P.M., county of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the North 1/4 Corner of said Section 13, an axle found in place, thence North 00 degrees 11 minutes 14 seconds West (N 00°11'14" W), along the North-South Centerline of said Section 12, a distance of 458.62 feet to a point on the Easterly Right -of -Way fence of Garfield county Road No. 109, marked by a rebar and cap marked L.S. 19598found in place, the TRUE POINT OF BEGINNING, thence along the Easterly Right -of -Way line of said Garfield County Road No 109 the following thirty-two (32) courses: 1] South 13 degrees 28 minutes 04 seconds East (S 13°28'04" E), along said Right -of -Way fence a distance of 553.88 feet; thence 2] South 09 degrees 05 minutes 41 seconds East (S 09°05'41" E), along said Right -of -Way fence a distance of 565.53 feet; thence 3] South 17 degrees 42 minutes 56 seconds East (S 17°42'56"E),along said Right -of -Way fence a distance of 728.56 feet; thence 4] South 40 degrees 03 minutes 42 seconds East (S 40°03'42" E), along said Right -of -Way fence a distance of 175.51 feet; thence 5] South 32 degrees 40 minutes 06 seconds East (S 32°40'06" E), along said Right -of -Way fence a distance of 463.99 feet; thence 6] South 32 degrees 40 minutes 06 seconds East (S 32°40'06" E), a distance of 25.66 feet; thence 7] South 20 degrees 26 minutes 02 seconds East (S 20°26'02" E), a distance of 562.19 feet; thence 8] along a curve to the left having a radius of 5287.84 feet, arc length of 542.18 feet, delta angle of 5 degrees 52 minutes 29 seconds (5°52'29"), a chord bearing of South 23 degrees 22 minutes 16 seconds East (5 2322'16" E), and a chord length of 541.94 feet; thence 9] South 26 degrees 18 minutes 31 seconds East (S 26°18'31" E), a distance of 854.10 feet; thence 10] along a curve to the right having a radius of 730.33 feet, arc length of 251.77 feet, delta angle of 19 degrees 45 minutes 26 seconds (19°45'06"), a chord bearing of South 16 - 12- B00x0904 nor: 736 degrees 25 minutes 57 seconds East (S 16°25'57" E), and a chord length of 250.53 feet; thence 11] South 06 degrees 33 minutes 24 seconds East (S 06°33'24" E), a distance of 156.75 feet; thence 12] along a curve to the left having a radius of 1635.67 feet, arc length of 545.79 feet, delta angle of 19 degrees 07 minutes 06 seconds (19°07'06"), a chord bearing of South 16 degrees 06 minutes 57 seconds East (S 16°06'57" E), and a chord length of 543.26 feet; thence 13] South 20 degrees 41 minutes 20 seconds East (S 20°41'20" E), a distance of 11.95 feet; thence 14] South 29 degrees 02 mimites 45 seconds East (S 29°02'45" E), a distance of 367.48 feet; thence 15] South 29 degrees 19 minutes 46 seconds East (S 29°19'46" E), a distance of 501.69 feet; thence 16] South 32 degrees 15 minutes 50 seconds East (S 32°15'50" E), a distance of 38.79 feet; thence 17] South 34 degrees 46 minutes 46 seconds East (S 34°46'46" E), a distance of 649.59 feet; thence 18] South 46 degrees 01 minutes 35 seconds East (S 46°01'35" E), a distance of 38.04 feet; thence 19) South 57 degrees 35 minutes 29 seconds East (S 57°35'29" E), a distance of 479.98 feet; thence 20] South 57 degrees 36 minutes 01 seconds East (S 57°36'01" E), a distance of 517.80 feet; thence 21 ] South 77 degrees 49 minutes 23 seconds East (S 77°49'23" E), a distance of 107.47 feet; thence 22] South 78 degrees 59 minutes 34 seconds East (S 78°59'34" E), a distance of 402.07 feet; thence 23] along a curve to the left having a radius of 1001.79 feet, arc length of 207.99 feet, delta angle of 11 degrees 53 minutes 43 seconds (11°53'43"), a chord bearing of South 84 degrees 56 minutes 26 seconds East (S 84°56'26" E), and a chord length of 207.61 feet; thence 24] North 89 degrees 06 minutes 43 seconds East (N 89°06'43" E), a distance of 181.02 feet; thence 25] along a curve to the right having a radius of 190.10 feet, arc length of 208.48 feet, delta angle of 62 degrees 50 minutes 04 seconds (62°50'04"), a chord bearing of South 59 degrees 28 minutes 15 seconds East (S 59°28'15" E), and a chord length of 198.19 feet; thence 26] South 28 degrees 03 minutes 13 seconds East (S 28°03'13" E), a distance of 259.67 feet; thence 27] along a curve to the left having a radius of 1494.54 feet, arc length of 482.67 feet, delta angle of 18 degrees 30 minutes 15 seconds (18°30'15"), a chord bearing of South 37 degrees 18 minutes 21 seconds East (S 37°18'21" E), and a chord length of 480.58 feet; thence -13- Bc0)00904 737 28] South 46 degrees 33 minutes 28 seconds East (S 46°33'28" E), a distance of 453.89 feet; thence 29] along a curve to the right having a radius of 1024.62 feet, arc length of 355.30 feet, delta angle of 19 degrees 52 minutes 05 seconds (19°52'05"), a chord bearing of South 36 degrees 37 minutes 26 seconds East (S 36°37'26" E), and a chord length of 353.52 feet; thence 30] South 26 degrees 41 minutes 23 seconds East (S 26°41'23" E), a distance of 161.91 feet; thence 31] along a curve to the left having a radius of 1902.23 feet, arc length of 278.30 feet, delta angle of 8 degrees 22 minutes 57 seconds (8°22'57"), a chord bearing of South 30 degrees 52 minutes 52 seconds East (S 30°52'52" E), and a chord length of 278.06 feet; thence 32] South 35 degrees 04 minutes 20 seconds East (S 35°04'20" E), a distance of 518.24 feet to a point on the Southerly line of the Sievers Parcel; thence along said Southerly line the following four (4) courses: 1] North 89 degrees 15 minutes 57 seconds West (N 89°15'57" W), a distance of 6.66 feet; thence 2] South 00 degrees 01 minutes 25 seconds West (S 00°01'25" W), a distance of 59.78 feet; thence 3] North 32 degrees 31 minutes 00 seconds West (N 32°31'00" W), a distance of 1283.00 feet; thence 41 North 47 degrees 20 minutes 00 seconds West (N 47°20'00" W), a distance of 761.88 feet to a point on the Westerly Right -of -Way line of said Garfield County Road No. 109; thence along said Westerly line the following four (4) courses: 1) along a curve to the right having a radius of 1554.54 feet, arc length of 260.76 feet, delta angle of 9 degrees 36 minutes 39 seconds (9°36'39"), a chord bearing of North 32 degrees 51 minutes 33 seconds West (N 32°51'33" W), and a chord length of 260.45 feet; thence 2] North 28 degrees 03 minutes 13 seconds West (N 28°03'13" W), a distance of 259.67 feet; thence 3] along a curve to the left having a radius of 130.10 feet, arc length of 142.68 feet, delta angle of 62 degrees 50 minutes 05 seconds (62°50'05"), a chord bearing of North 59 degrees 28 minutes 15 seconds West (N 59°28'15" W), and a chord length of 135.64 feet; thence 4] South 89 degrees 06 minutes 43 seconds West (S 89°06'43" W), a distance of 177.52 feet to a point on said Southerly line of the Sievers Parcel; thence North 47 degrees 20 minutes 00 seconds. West (N 47°20'00" W), along said Southerly line a distance of 41.37 feet; thence North 81 degrees 57 minutes 00 seconds West (N 81°57'00 W), along said Southerly line a distance of 723.48 feet to a point on said Westerly Right -of -Way line; thence along said Westerly line the following nineteen (19) courses: 1] North 57 degrees 36 minutes 01 seconds West (N 57°36'01" W), a distance of 513.47 feet; thence 2] North 57 degrees 35 minutes 29 seconds West (N 57°35'29" W), a distance of 486.06 feet; thence -14- BOO ]904Par:738 3] North 46 degrees 01 minutes 35 seconds West (N 46°01'35" W), a distance of 50.02 feet; thence 4] North 34 degrees 46 minutes 46 seconds West (N 34°46'46" W), a distance of 656.82 feet; thence 5] North 32 degrees 15 minutes 50 seconds West (N 32°15'50" W), a distance of 41.64 feet; thence 6] North 29 d degrees 19 minutes 46 seconds West (N 29°19'46" W), a distance of 503.37 feet; thence 7] North 29 degrees 02 minutes 45 seconds West (N 29°02'45" W), a distance of 372.01 feet; thence 8] North 20 degrees 41 minutes 20 seconds West (N 20°41'20" W), a distance of 13.75 feet; thence 9] along a curve to the right having a radius of 1695.67 feet, arc length of 563.17 feet, delta angle of 19 degrees 01 minutes 46 seconds (19°01'46"), a chord bearing of North 16 degrees 04 minutes 17 seconds West (N 16°04'17" W) , and a chord length of 560.60 feet; thence 10] North 06 degrees 33 minutes 24 seconds West (N 06°33'24" W), a distance of 156.75 feet; thence 11] along a curve to the left having a radius of 670.33 feet, arc length of 231.09 feet, delta angle of 19 degrees 45 minutes 06 seconds (19°45'06"), a chord bearing of North 16 degrees 25 minutes 57 seconds West (N 16°25'57" W), and a chord length of 229.94 feet; thence 12] North 26 degrees 18 minutes 31 seconds West (N 26°18'31" W), a distance of 854.10 feet; thence 13] along a curve to the right having a radius of 5347.84 feet, arc length of 548.33 feet, delta angle of 5 degrees 52 minutes 29 seconds (5°52'29"), a chord bearing of North 23 degrees 22 minutes 16 seconds West (N 23°22'16" W), and a chord length of 548.09 feet; thence 14] North 20 degrees 26 minutes 02 seconds West (N 20°26'02" W), a distance of 55..76 feet; thence 15] North 32 degrees 40 minutes 06 seconds West (N 32°40'06" W), a distance of 479.34 feet; thence 16] North 40 degrees 03 minutes 42 seconds We st (N 40°03'42" W), a distance of 183.48 feet; thence 17] North 17 degrees 42 minutes 56 seconds West (N 17°42'56" W), a distance of 744.93 feet; thence 18] North 09 degrees 05 minutes 41 seconds West (N 09°05'41" W), a distance of 567.76 feet; thence 19] North 13 degrees 28 minutes 04 seconds West (N 13°28'04" W), a distance of 297.39 feet to a point on said North-South Centerline of said Section 12; thence North 00 degrees 11 minutes 14 seconds West (N 00°11'14" W), a distance of 261.19 feet to the true point of beginning. -15- BnolR0904 ,'ec.. 739 Colorado Highway No. 82 Right -of -Way A parcel of land situated in the NE1/4NW1/4 and in Lots 5,6,7,10,11,16, and 20 of Section 20 and in Lot 2 of Section 29, all in township 7 South, Range 88 West of the 6th P.M., county of Garfield, State of Colorado, said parcel being more particularly described as follows: Beginning at a point on the Southerly Right -of -Way line of Colorado State Highway No. 82 and its intersection with the West line of Said NE1/4NW1/4 whence the Northwest corner of said Section 20 bears North 47 degrees 24 minutes 11 seconds West (N 47°24'11" W), a distance of 1785.35 feet; thence North 00 degrees 05 minutes 52 seconds East (N 00°05'52" E), a distance of 424.98 feet to a point on the Northerly Right -of -Way line of said Colorado State Highway No. 82; thence along said Northerly Right -of -Way line the following eight (8) courses 1] South 35 degrees 21 minutes 30 seconds East (S 35°21'30" E), a distance of 231228 feet; thence 2] South 18 degrees 39 minutes 30 seconds East (S 18°39'30" E), a distance of 104.40 feet; thence 3] South 35 degrees 21 minutes 30 seconds East (S 35°21'30" E), a distance of 1600.00 feet; thence 4] South 52 degrees 03 minutes 30 seconds East (S 52°03'30" E), a distance of 104.40 feet; thence 5] South 35 degrees 21 minutes 30 seconds East (S 35°21'30" E), a distance of 495.00 feet; thence 6] along a curve to the left having a radius of 5730 feet, arc length of 435.91 feet, delta angle of 04 degrees 21 minutes 31 seconds (04°21'31"), a chord bearing of South 37 degrees 36 minutes 30 seconds East. (S 37°36'30" E), and a chord length of 435.81 feet; thence 7] South 39 degrees 51 minutes 30 seconds East (S 39°51'30" E), a distance of 455.00 feet: thence 8] South 52 degrees 59 minutes 30 seconds East (S 52°59'30" E), a distance of 44.97 feet to a point on the East line of said Lot 16; thence South 01 degrees 30 minutes 51 seconds West (S 01°30'51" W), along said East line a distance of 94.50 feet to the Southeast corner of said Lot 16; thence South 01 degrees 21 minutes 57 seconds West (S 01°21'57" W), along the East line of said Lot 2 of said Section 29 a distance of 462.08 feet to a point on said Southerly Right -of -Way line; thence along said Southerly Right -of -Way line the following five (5) courses: 1] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), distance of 3904.20 feet; thence 2] South 88 degrees 33 minutes 59 seconds East (S 88°33'59" E), a distance of 62.27 feet; thence 3] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), a distance of 652.28 feet; thence 4] South 00 degrees 11 minutes 56 seconds East (S 00°11'56" E), a distance of 87.27 feet; thence 5] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), a distance of 1191.18 feet to the point of beginning. -16- BOOISLJ9O4,,:e, 74tJ Also excepting from the above described property A parcel of land situated in Lot 1 and 6 of Section 13, Township 7 South, Range 89 West and in Lots 4,6, and 9 of Section 18, 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: Beginning at a point on the Easterly line of the lease and agreement for the sale and purchase of Gravel; parcel whence the North 1/4 corner of said Section 13, an axle in place bears North 80 degrees 09 minutes 24 seconds West (N 80°09'24" W) a distance of 2469.81 feet; thence leaving said Easterly line South 86 degrees 54 minutes 40 seconds East (S 86°54'40" E), a distance of 90.38 feet; thence North 83 degrees 12 minutes 17 seconds East (N 83°12'17" E), a distance of 112.38 feet; thence North 48 degrees 46 minutes 15 seconds East (N 48°46'15" E), a distance of 165.45 feet; thence South 44 degrees 59 minutes 32 seconds East (S 44°59'32" E), a distance of 246.06 feet; thence South 82 degrees 13 minutes 10 seconds East (S 82°13'10" E), a distance of 210.86 feet; thence South 40 degrees 56 minutes 54 seconds East (S 40°56'54" E), a distance of 296.12 feet; thence South 37 degrees 16 minutes 31 seconds East (S 37°16'31" E), a distance of 360.84 feet; thence South 44 degrees 29 minutes 09 seconds West (S 44°29'09" W), a distance of 47.14 feet to a point on said Easterly line of said lease and agreement parcel; thence along said Easterly line the following seventeen (17) courses: 1] North 52 degrees 21 minutes 15 seconds West (N 52°21'15" W), a distance of 35.90 feet: thence _ 2] North 74 degrees 03 minutes 06 seconds West (N 74°03'06" W), a distance of 68.83 feet: thence 3] North 69 degrees 18 minutes 14 seconds West (N 69°18'14" W), a distance of 76.28 feet; thence 4] North 58 degrees 42 minutes 41 seconds West (N 58°42'41" W), a distance of 86.11 feet: thence 5] North 66 degrees 35 minutes 27 seconds West (N 66°35'27" W), a distance of 54.01 feet; thence 6] North 67 degrees 05 minutes 38 seconds West (N 67°05'38" W), a distance of 73.67 feet; thence 7] North 50 degrees 09 feet; thence 8] North 51 degrees 46 minutes feet; thence 9] North 52 degrees feet; thence 10] North 52 degrees feet; thence 11 ] North 63 degrees feet; thence 12] North 69 degrees feet; thence minutes 18 minutes 49 minutes 33 minutes 19 minutes 46 seconds West (N 50°09'46" W), a distance of 64.52 39 seconds West (N 51°46'39" W), a distance of 131.35 07 seconds West (N 52°18'07" W), a distance of 96.50 53 seconds West (N 52°49'53" W), a distance of 56.67 32 seconds West (N 63°33'32" W), a distance of 80.52 37 seconds West (N 69°19'37" W), a distance of 71.02 -17- IBOOKO904 PAGF 741 13] North 58 degrees 15 minutes 43 seconds West (N 58°15'43" W), a distance of 56.28 feet: thence 14] North 57 degrees 18 minutes 29 seconds West (N 57°18'29" W), a distance of 62.81 feet; thence 15] North 59 degrees 30 minutes 17 seconds West (N 59°30'17" W), a distance of 68.30 feet; thence 16] North 65 degrees 43 minutes 26 seconds West (N 65°43'26" W), a distance of 93.55 feet; thence 17] North 54 degrees 12 minutes 24 seconds West (N 54°12'24" W), a distance of 91.37 feet to the point of beginning; and containing 5.417 acres more or less. Excepting also the Denver and Rio Grande Western right-of-way being described as follows: A parcel of land situated in the NE1/4NW1/4 and in Lots 5,6,7,10,11,16, and 20 of Section 20 and in lot 2 of Section 29, all in 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: Beginning at a point on the Northerly Right -of -Way of the Denver and Rio Grande Western Railroad at its intersection with the Westerly line of said NE1/4NW1/4 whence the Northwest corner of said Section 20 bears North 47 degrees 24 minutes 11 seconds West (N 47°24'11" W), a distance of 1785.35 feet ; thence along said Right -of -Way the following five (5) courses: 1] South 35 degrees 09 minutes 16 seconds East (S 35°09'16" E), a distance of 1191.18 feet; thence 2] North 00 degrees 11 minutes 56 seconds West (N 00°11'56" W), a distance of 87.27 feet; thence 3] 4South 35 degrees 09 minut es 16 seconds East (S 35°09'16" E), a distance of 652.28 feet; thence 4] North 88 degrees 33 minutes 59 seconds West (N 88°33'59" W), a distance of 62.27 feet: thence 5] South 35 degrees 09 minutes 16 seconds East (S 35°09'16" E), a distance of 3904.20 feet to a point on the Easterly line of Lot 2 of said Section 20; thence along said Easterly line South 01 degrees 21 minutes 57 seconds West (S 01°21'57" W), a distance of 168.04 feet to a point of intersection of the Southerly Right -of -Way line of said Denver And Rio Grande Western Railroad and said Easterly line of Lot 2 ; thence along said Southerly Right -of -Way line the following five (5) courses: 1] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), a distance of 4113.48 feet; thence 2] North 88 degrees 33 minutes 59 seconds West (N 88°33'59" W), a distance of 62.27 feet; thence 3] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), a distance of 217,72 feet: thence 4] North 00 degrees 11 minutes 56 seconds West (N 00°11'56" W), a distance of 87.27 feet; thence -18- 000904 rAff742 5] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), a distance of 1192.75 feet to a point on said Westerly line of said NE1/4NW1/4 of Section 20; thence along said Westerly line North 00 degrees 05 minutes 52 seconds East (N 00°05'52" E), a distance of 173.26 feet; to the point of beginning; and containing 13.937 acres more or less. The Board of Directors shall take such steps and proceedings as the needs of the Aspen Glen Water & Sanitation District require. Within thirty (30) days after the date hereof, the District shall transmit to the County Clerk and Recorder of Garfield County, Colorado, to the Division of Local Government, and to the County Assessor of Garfield County, certified copies of this Order and Decree, together with the Resolution of Approval of the Board of County Commissioners of Garfield County which is incorporated herein. Done in open Court this ,j // day of May, 1994. District Court'Judge DISTRICT COURT OF GARFIELD COUNTY GLENWOOD SPRINGS, COLORADO • CeftiTIed to be a full, true 30 correct copy of the original in my -cu- ydY•.' I j� t f �`I LI: - Dated -Dated �vr r– ierk zf`� `� Deputy By -19- s.. I car, i.}f 311 for g r,l parties/Caunsc:l ::ecoi-d this day of 19Ji lJ ' RECORDED 3:// O'CLOCK P.M. RE'C x 4694i)7 OCT 67 1994 MILDRED ALSDORF, GARFIELD COUNTY CLERK DISTRICT COURT, GARFIELD COUNTY, COLORADO Case No. 94 CV , Division soox0918pAGI408 LIS PENDENS JOHN PAWLOWSKI INVESTMENTS, INC., a Colorado Corporation, Plaintiff v. ASPEN GLEN GOLF PARTNERS, a California Limited Partnership, and THE ASPEN GLEN COMPANY, a Colorado Corporation Defendants NOTICE IS HEREBY GIVEN that this action has been commenced to obtain an order requiring the defendants, or one of them, to enforce the terms of a contract whereby the plaintiff obtained subscription agreements and payments for limited partnership units in Aspen Glen Golf Partners by the terms of which the plaintiff is entitled to ane residential lot in the Aspen Glen Club PUD. Since the platting of the PUD is not yet complete, the relief sought by the plaintiff for specific performance is necessarily against the entire PUD until such time as the platting of the residential lots is completed. The Aspen Glen Club PUD is located in Garfield County Colorado in portions of the following lots and sections: In T7S, R89W of the 6th P.M.: Lots 23 and 25 of Section 12; Lots 1 and 3 through 16 of Section 13; Lots 1 and 2 of Section 24; And in T7S, R88W of the 6th P.M.: The SW}SE}, the SE}SEi, and Lots 4, 6, 7, 9 through 11 and 14 through 17 of Section 18; NEINE} and Lots 1., 3 through 12 and 15 through 17 of Section 19 NEINWI and Lots 2, 4 through 16, 19 and 20 of Section 20; Lots 2, 3, 4, 8 and 9 of Section 29; All as is more particularly described in Book 911 Pages 797 through 808 of the Garfield County Clerk and Recorder's records, a copy of which is attached hereto as Exhibit A, subject to those exclusions stated in the detailed legal description. 2 a S e--- (ir14444• , CD P63o�. Dated this j*lay of October, 1994. - Respectfully Submitted, WELLS, LOVE & SCOBY Attorneys for Plaintiff By: C-‘ BOOK0918 ?r,Gi'409 Te ry . Scoby, #/989 Edw: : L. Serr, # 16196 225 Canyon Blvd. Boulder, CO 80302 (303) 449-4400 R. LECAL_pE:.SCRIPT1ONa ..:., ASPEN_WN 1 N CI:l1Il P.U.1).• PROPF:N•1'Y .bESCRiT'TION A' PARCEL OF:LAND EITITATF:1.1 TN TOTS 2.l AND 75 of .nr.cr2oN 12, LOTS 1 •:•AND'.3 ,THROUGH 16 OF ::E:cTION 11 ANf' 1.r,'f S 1 ANO 2 OF SECTION 24, TOW'NSIITP 7• SOUTH RANGE 89 WEST ANI) IN THE : S+';:;E' , SE SE% AND LOTS • ;:f4, .6,:7,-.9.THROUGM 11 AND 14 THROUGH 17 OF SECTION -18 AND THE, ,''NEYNEj AND; TATS 1, 3 THROUGH 12 AND 15 THROUGH 17 OF SECTION 19. AND ' TI11; 'N1:}NWy ••AND. 1'N LOTS .2 , 4 THRQUGU 16, 19 , AND 20 OF SECTION 20 -AND•IN::'LOTS 2,' 3, 4, 8, AND 9 OF SECTION 29, AL.i, IN TOWNSHIP 7 ' 'SOUTH,' RANGE, 88 WEST OF THE SIXTH PRINCIPAL. MERIDIAN, COUNTY OF GARFIELbj: STATE OF COLORADO, :SAID PARCEL TIEING MORE PARTICULARLY' ':.-DESCRIBED AS FOLLOWS: (•AI.T.' fl1•:ARINGS CONTAINED HEREIN APE BASED ON A BEARING 1)F S 00'01'46^ W BETWEEN THE NORTIIWF,,T CORNER OF SAID SEC'fl011 20 AND THE WEST QUART:.R CORNER OF SAID S?CTTON 20,, 1986 BLM ALUMINUM CAPS IN PLACE.) : ;. • I1Kt;TNNINb AT THE NORTH ONE-QUARTER CORNER r;? SAID SECTION 20, A BLM ALli'17 Nl.M CAP FOUND IN PLACE, THE__TRVE_ 1 IN'L PF BEV.Mi .HJ; THENCE S 00.12'30"•E ALONG THE EASTERLY LINE OF SAID NEMNW'1♦ 1378.55 FEET TO THE .SOUTHEAST CORNER: OF SAID NE\NWsx, A BM ALUMINUM CAP FOUND IN PLACE; THENCE S 89'18'40" E ALONG THE NORTHERLY LINE OF SAID LOT 19 -1105.39 FEET TO THE NORTHEAST CORNER OF SAID LOT 19,4t BLM ALU1MINUM CAP FOUND 1N' PLACE; THENCE S 013.05'56" E ALONG THE. EASTERLY- LINE OF SAID LOT 19, 1289.48 FEET '1'O THE SOUTHEAST CORNER OF SAID LOT 19,' ALSO.BEING A POINT ON TUE NORTHERLY LINE OF SAID LOT 20, A BLM -ALUM.INUM,CAP FOUND IN PLACE: THENCE S 88'36'52". E ALONG .SAID NORTHERLY LINE 1304.01 FEET TO THE EAST QUARTER- CORNER OF SECTION A BLM ALUMINUM CAP FOUND IN PLACE; THENCE• S 01-'23'30" E ALONG THE : EASTERLY LINE OF SAID 'LOT 20, 1320.18 FEET TO THE SOUTHEAST CORNER OF SAID LOT 20, A BLM ALUMINUM CAP FOUND IN PLACE: THENCE N 89'35'53" W ALONG THE. SOUTHERLY LINE OF SAID LOT 20, 684.04 FEET'...;.�.� • TO A •POINT. Oh ,THE EASTERLY LINE OF SAID LOT. 16, A► BLM •ALUMINUM FOUND IN PLACE; THENCE S 01'30'51" W ALONG THE EASTERLY .LINE' OF''; SAID LOT 16 1262.19 FEET TO THE SOUTHEAST CORNER OF SAID LAT 16,:.;•,' ALO BEING -THE NORTHEAST CORNER OF LOT 2 OF SAID SECTION 29; A-BLM ALUMINUM CAP FOUND IN PLACE; THENCE S 01'21'57" W ALONG • THE :•'. EASTERLY LINE OF SAID LOT 2, 917.83 FEET ATO ' A 'POINT IN. THE CENTERLINE OF THE ROARING FORK RIVER; THENCE N 44'00'00".W ALONG -` ^A1D CENTERLINE 277.02 FEET,. THENCE CONTINUING ' ALONG. •'•SAID ,•.•,•. CENTERLINE N 57'00'00" W 238.00 FEET; THENCE CONTINUING ALONG SAID'.':s =� CENTERLINE N 84'00'00" W 240.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 72'00'00" W 277.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 56'00'00" W 290.00 FEET; THENCE CONTINUING ALONG SAID .CENTERLINE S 39'00'00" W 300.00 FEET; T11,ENCE CONTINUING ALONG SAID CENTERLINE S 31'00'00" W 352.00 .FEET; THENCE CONTYNUING ALONG SAID'• • CENTERLINE .'S 50'00'00" W 220.00 FEET; THENCE CONTINUING ALONG SAID '. . CENTERLINE S 70'00'00" W 297.00 FEET; THENCE CONTINU.i NC ALONG SAID' % ; CENTERLINE N 48'00'00" W 375.00 FEET; THENCE CONTINUING ALONG SAID . CENTERLINE 11 24'00'00" W 268.00 FEET; THENCE'CONTINUING ALONG SAID CENTERLINE N 11'00'00" W 268.00 FEET; THENCE CONTINUING ALONG SAID BOOK()918 Pe4i 410 or.rrl IfJ1 1'7f17 ' A-1 PAGENo. 2 ASPEN GLEN • CLt1I3 P.U.D. . rRot'ERTY,." DEGCRI ETI oN aoox0918nc1411 CF:!4'1'Ffi1.INE N 17'00'00" k 218.00 FEE THENCE CONTINUING ALOIiG SAID CENT1;R1.INE. }4 4R"00'00" W 547.00 FEF r: THENCE cONTINt}ING ALONG SAID `; t'F:hTERLINE H' 31'00'00" W 243.00 FEE,-.; THENCE CONTINUING ATAHG SAID CENTERLINE'N 60'00'00" W 224.00 FEET: THENCE CONTINUING ALONG SAI?;. CENTERLINE.N 65'10100" W 2217.00 FEET; THENCE CONTINUING• ALONG' SAID.. ,}.. CENTERLINE N 69.'00'04" •W 350.00 FEET: THENCE; CONTINUING ALONG SAID CENTERLINE,N 59'30'00" W 316.00 FEET; THENCE CONTINUING ALO,;G SAID . • NTt:Rt INE '}t •2i' Of'O0" W 331.00 FEET TO A, POINT ON THE SOUTHERLY' LINE OF .LOT' 1? OF SA11) SECTION 20; THENCE LEAVING 5:sID CENTERLINE • OF RIVER'AND ALONG THE EOUTIfF:Rt.Y LINE OF LOT 13 OF SAID SECTION 20 N 89'15'57" W 440.69 FEET TO THE SOUTHWEST CORNER 0F.•LOT 13; THENCE AL -ma THE WESTF;FLY LINE OF LOT 14 OF SAID SECTION 20 S 00'01"25“ W . 59.78:F01: THENCE N 32 31'00" w 1.:!83.00 FEET;• THENCE N 47`20'00" W 1 50.1 SO jFEE;T: THENCE N 81 .5'7 bi. " W 1659,05' FEET To THE EASTERLY • 1,I14E or LOT 2 OF •SAID SECTION 24; THENCE LEAVING SAID EASTERLY LIRE N 78.07'04":W 1354.65 FEET TO A 1OiNT ON THE WESTERLY LINE QF SAIDI. LOT 2; .THENCE ALONG THE WESTERLY LINE OF•SAID LOT 2 N 44'27"55" Ey, tafl .93 FF•.E'f TO TIIE SOUTHEAST CORNER OF LOT 14; THENCE ALONG-TTUE..' .SCUT}1ERI,Y LINE OF -LOT 14, CW +AID sEcTION 13 S 89'06121"• W. 1335.C8 PEET TO.THE SOUTH ONE-QUARTER CORNER OF SAID SECTION •13, BEING A; GARFI ELD •COUNTY BRASS CAP FOUND IN PLACE; THENCI; ALONG' THE NORTH SOUTH CENTERLINE OF SAID L ECTWH 13 N 00'52'50 E 5332.05' F£?T .TO • THE NORTH ONE-QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE;,;:! THENCE -N-00.!11114° W .ALAN:, THE NORTH -SOUTH CENTERLINE OF: SAID!;::. •SECTION ,12, • 45R . 62 FEET TO A P'SI1tT ON THE EASTERLY, RIGHT-OF-WAY.;';. . FENCE OF GARFIELD COUNTY 'ROAD HO. 109,.A R1 1AR AND CAP L.S. I19598 i.-FOUND'IN.PLACE; THENCE S 13'28'04" E ALONG SAID RIGHT-OF-WA1 FENCE; .• 'FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE • 5, D9'05'.41 "• E 565.53 FEET; THENCE CONTINUING 'ALONG SAID RIGIiT�OF- WAY, -•FENCE 5 17'42'560 E 728.56 FEET; THENCE CONTINUING ALONG SAXD :'' ' RIGHT-OF-WAY FENCE S 40'03'42" E 175.51 FEET; THENCE CONTINUING';: ALONG SAID' RIGHT-OF-WAY FENCE S 32'40'06" E 463.99 FEET; • THENCE !�:;;• LE. V1NG, SAID FLIGHT -OF -WAY FENCE AND FOLLOWING AN EXISTING FENCE' N 89'53'_09" E 882.14 FEET; THENCE CONTXNUING. ALONG SAID EXISTING FENCE N • 81'50'40" E 60.36 FEET: THENCE CONTINUING ALONG SAID 'EXISTING'FENCE N 01'30'12" E 729.75 FEET; THENCE CONTINIIING.ALONG' SAID. EXISTING .FENCE N 01'43'30" E 1113.97 FEET;'THENCE'A ONG THE ,-EASTERLY LII:E OF LOT 24 OF -SAID SECTION 12 N 01'21144"-E 320.88 FEET: TILE}4CE N 47'47'00" E 590.67 FEET TO THE NORTHERLY LINE OF LOT•'. 25 OF SAIL] SECTION 12: THENCE ALONG THE NORTHERLY- LINE.OF. SAID LOT•' 25 S 89 40'00" E 75:86 FEET TO THE CENTERLINE Or THE ROARING •FQR!(',:, R.IVER; THENCE ALONG THE CENTERLINE OF SAID RIVER 5 17'43'41" E. 153.46• FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER .-:.5.30.45'18".E 163.28 FEET; THENCE CONTINUING ALONG LAID CENTERLINE. RIVER 5 1'43'05" E 662.76 FEET:. THENCE CONTINUING •ALQNGSAIDW CENTERLINE OF RIVER 5 44'35'57" E 175.65 FEET; THENCE- CONTINUING'•,':: ALONG SAID CENTERLINE OF, RIVER S 13'33'31" E 255.65 FEET; THENCE '` A-2 • B00K0918 C.F412 PPM1911 -!, 799 ..PAGE NO. 3: •- .AsnEN (ZEN, WM' 13.11.n. • !,' PkiPERTY' OESOR rrioN • . • EXINTINDING ALONG SAN) (1 T}1 OF RIVER S 14.02'41" E 11815 FEET; THENCE CONTINUING ALONG SAIL CENTERLINE OF RIVER 'S 35.41'45" E 22.S.15 FEET; THENCE CONTINUING ALONG SAID CENTERLINE . or,R1VER 5518'18" E 196.47 FEET; THnNCE CONTINUING ALONG SAID'; CENTERLINE OF RIVER S 61.4910p" E 188.20 FEET; THENCE CONTINUIN11 G ...ALONG SAID CENTERLINE OF RIVER S 57'51'22" E 449.02 FEET; THENCE, A-70NT1NUING,ALONG SAID CENTERLINE L. RIVER'S 47'11157" F 122.26 FEET To A ROTNT ON THE NORTHEPLY ITNE OF LOT 12; THENCE LEAVING SAID 0. CENTERIANE OF RIVER N 9949'40" W 406.44 FEET TO THE NORTMEhST.:1. -CORNER 0F.LoT 11 OF SAID SECTION 19; THENCE ALONG THE'EASTERLY LINE OF .1T0 LT 11 AND 14 OF SAID SECTION 18 2 00400'00" E 1336.51 FFET TO THE SOUTHEAST CORNER OFSAID LOT 14; THENCE ALONG THE , • ' soOTHERLY LINE or SAID LOT 14 S 89. 59 06 '14 672.53FE? TO TH olITTI CENTER ONE -SIXTEENTH CORNER, BEING A BLH ALUMINUM CAP IU m.ACE; THFNCE,ALONG THE EASTERLY BOUNDARY OF LOT 15 OF SAID SECTION.:„ 19, 0016'31" W 334.72 FEET; THENCE N 89455'05" E ALONG,THE SOUTHENLY LINE OF THE WINk!SWI;SE14 149.70 FEET TO THE CENTERLINE OF ,wo0.ROARING FORE RIVER: 1HE4CE ALONG SAID CENTERLINE OF RIVER I.:: . • 25.46'54" W 10r 22 FEET; THENCE CONTINUING ALONG SAID CENTERLINE cE EIvER S 07448'26" W 289.87 FEET; THENCE CONTINUING ALONG SAID, CENTERT.INE OF RIVER S 1618'15" E 186.82 FEET; THENCE CONTINUING ALONG.sAID CENTERLINE OF RIVER 5 60424'25" E 205.10 FEET, THENCE CONTINUING :ALONG SAID CENTERLINE OF RIVER N 76451'11" 164.34 . .FEET: THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER , .) ' N st447'36" E 280.37 FEET; THENCE CONTINUING ALONG SAID CENTERLINE,„ .OF RIVER N 78.29'03" E 233.93 FEET; THENCE CONTINUING ALONG SAID 'CENTERLINE.OF RIVER 5 8145'25" E 314.48 FEET; THENCE CONTINUING Ar.ONG SAID CENTERLINE OF RIVER S 61408'27" E 374.17 FEET; THENCE, - • ,coNTINUING 'ALONG SAID CENTERLINE OF. RIVEP. 5 46448'37 ,E 211J1 FEET: THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER S 0722'34" E 113.14 FEET; THENCE CONTINUING ALONG SAID CENTERLINE:At. oF RIVER s.2545'48." E 225.75 FEET; THENCE CONTINUING ALONG SAID• CENTERLINE OF RIVER $ 0844955" E 269.98 FEET; THENCE CONTINUINGr ALONG SAID CENTERLINE OF RIVER S 1127'2E" E 259.89 FEET; THENCE CONTINUING.ALONG SAID CENTERLINE OF RIVER S 46416'00", E 573.86 • FEET; ,TRENcE CONTINUING ALONG SAID CENTERLINE OF RIVER: 5 5953'51" E 270.72 FEET; THENCE CONTINUING ALONG.SAID CENTERLINe. OF RIVER 5 41.'637" E 388.06 FEET; THENCE CONTINUING ALONG SAID • CENTERLINE OF RIVER S 21426'41 E 286.20 FEET; THENCE CONTINUING ALONG SAID CENTERLINE OF RIVER 5 08.56'52" E.81.11 FEET TO THE •' NORTHERLY LINE OF LOT 3 OF SAID SECTION 20;. THENCE N 88.33'13" W4i;,. ALONG THE NORTHERLY LINE OF SAID LOT 3 385.14 FEET TO THE NORTHWEST ,CORNER OF SAID LOT 3; THENCE 5 00.0146" W ALONG THE WESTERLY. LINE). OF SAID LOT 3 425.15 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE N 59'58'1.8" E ALONG THE SOUTHERLY LINE OF SAID,LOT 3 697.48.., FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE N 00.04'00" W.': ALONG THE EASTERLY LINE OF SAID LOT 3 407.22 FEET TO THE NORTHEAST! CORNER OF LOT 1 OF SAID SECTION 20; THENCE CONTINUING ALONG SAID12:: WESTERLY LINE N 0004'00" W 151.69 FEET TO A POINT ON THE A-3 VAL1: NU. v ASPEN,GLEN• CLUB P.0.0. :,PROPERTY'DESCRIPTION BooX0918 ptGi 413 Frov0911 501 rSOUT iER1,Y,' LINE OF THAT PARCEI, or LAND I]t;IC:R 111F:D IN BOOK 314 PAGE 160; r)P- TH1:-GAREIE1.T3 COUNTY CLERK AND UEi:(1llLER' S OFFICE; THENCE N. 84'49'54" E ALONG SAID SOUTHERLY I,INE 35.HP FEET TO A RF.fAR AND CAP 1,;S 114460 FIJUHD IN PLACE; THENCE CONTINUING ALOHG•SAID SOUTHERLY LINF: N• 85729'12" f~; 47.40 FEET TO A 1{EBAR AND CAP -L.S. /14080 FOUND') IN •PLACE#'THENCE CONTINUING ALONG SAID SOUTHERLY LINE S B5.49'41" /'E 10369iFEET7•THENCE, CONTINUING ALONG SAID SOUTHERLY LINE '588.22'30" •E 88.83 FEET (WHENCE A REHAR AND CAP L.S. /14060 BEARS E 1.02 FEET) ; THENCE CONTINUI'IG ALONG SAID SOUTHERLY .LINEN' 806 42' 2.1" E 29,94 FE:F:T TO A RF.nAR AND CAP L.S. 114060 FOUND • IN'PLACE;'THENCE CONTINUING ALONG SAID SOUTHERLY LINE H 84'50'54" E=99.58•FEET TO A REfA1t AND CAP L.S. 114060 'FOUND IN PLACE; THENCE CONTINUING ALONG -SAID SOUTHERLY LINE !l 70'51'54" E • 37.92 PEET TO A • ', REBAR AND CAP L.S. 114060 FOUND IN PLACE; THENCE'CONTINUING•ALONG .SAID 'SOUTHERLY LINE .5 84'32'22" E 37.12 FEET TO A REBAR AND CAP 1..5. .#14P60 FOUNT) IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY": •LINE OUTHERLY:•L'INE •S 59:19' 15-" E 53.70 FEET TO A R1.5AR AND CAP L.S. /14060 FOUND. IN PLACE;'THENCE CONTINUING3 ALONG SAID SOUTHERLY LINE S 40'58'58"': E62.22 • FEET : TO A PEW AND CAP L.S. /14060 FOUND IN PLACE; THENCE ._ CONTINUING ALONG SAID SOUTHERLY LINE S 28.481440 E 153.29 FEET TO •', A REI3AR AND CAP L.S. 1140.50. FOUND IN PLACE; WHENCE• CONTINUING •ALONG SAID SOUTHERLY.LINE S 33'50'49" E 107.91 FEET TO A'•REBAR AND CAP;, •L.S.'114060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY,. LINEN 6305'54" E 298.19 FEET TO A POINT ON THE SOUTHWESTERLY; RIGHT-OF-WAY OF THE DENVER 6 RIO GRANDE WESTERN RAILROAD; THENCE N. 35'09'16" W ALONG SAID RIGHT-OF-WAY '583.96 FEET TO A POINT ON. THE WESTERLY LINE OF SAID NE NW}, (WHENCE A REBAR'AHD CAP. L.S..114060:•t� BEARS:S:•20'19'49" •E 4.66 FEET); THENCE N 00'05'52" E -ALONG SAID WESTERLY LINE 1360.94 FEET TO THE NORTHWEST CORNER OF SAID NW1104,C A HLM ALUMINUM CAP FOUND IN PLACE; THENCE S 87745°35" E. ALONG THE:. NORTHERLY LINE OF SAID NEINW1/4 1325.8' FEET TO .THE TRUE POINT AEGIZ7pIl{G1,SAID PrRCEL CONTAINING 1123 .830 ACRES, MORE, OR LESS. • 'EXCEPTING ... FROM THE ABOVE DESCRIBEi) PROPERTY A LEASE AND AGREEMENT FOR .THE : SALE AND PURCHASE OF :'•:'►VEL RECORDED IN RECEPTION . NO; 305982 OF THE GARFIELD COUNTY •",ERK AND RECORDER'S OFFICE., BEING...'. DESCRIo'•:D AS FOLLOWS: • A PARCEL, OF LAND SITUATED IN LOTS 1, 2, 5,6, 7, 11 & 12 OF SECTION 13, 'TOWNSHIP 7•SOUTH, RANGE 89 WEST AND IN LOTS 4, 9,' 10, •11, 14, ' 15, 16 b 17 AND IN THE SWIASE' OF SECTION 18, TOWNSHIP 7 SOUTH,?' RANGE 88.WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,. STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY 'DESCRIBED,AS FOLLCWS: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF 5 00'01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SEC. 20 ANDTHE WEST QUARTER CORNER OF SAID SEC. 20, 1986 BM ALUM. CAPS IN PLACE) A-4 i ASPEN •GLEN -'C1 EJB pkOPERTYDESCRIET 1ON ,<:I ,• • COMMENCING AT THE NORTH{ QUARTER CORNER OF SAID SECTION 13, AN AXLt'• •iN''.'..ACE,:THENCE S 43621'15" E 2540.23 FEET TO THE SOUTHEAST•CORNER'`''`-':'; OF`'T8E-TEILLER SPRINGS SUBDIVISION, TI;E_TRII 1' '',THENCE -11.01630'12"'E ALONG THE EASTERLY LINE OF SAID SUPDIVISION ,_ x729.75 FEET; THENCE CONTINUING. ALONG SAID EASTERLY LINE :; 1i 01 43' 30". E 1117.97 FEET TO THE NW CORNER OF' LOT Off' '9AIC] • SECTION..13;' THENCE LEAVING SAID EASTERLY LINE S 8952'09" THE NORTHERLY LINE Ct' SAID LOT 1, 103.76 FEET TO A POINT BEING 5.0 .ji'EEI'': SOUTHWESTER'.Y .OF THE ROBERTSON DITCH THENCE THE FOLLOWING :• > • ,THIRTY FOUR (14) COURSES ALONG A LINE BEING I'IVE FEET SOUTHWESTERLY''' OF AND PARALLEL•TO SAID DITCH: 800K0918?ACf 414 1_.•.,. S 32639'14„ E 21„'• S 46'44'01" E 3, .'5 5e23'Oen E i 4..: S• 58600'02" E i 5. S 67642'09" E .,.. S. 56g01.54" E S 48644'16" E 8..:; 5 54'12'24" E 9. ; 5 65643'26" E 10... S •59630'17" E 'll . , 5 57618'29" E '12.'' S 58615'43' E 13...S 69619'37" E 14. S 63'33'32" E ' 15.'.. 5 52649'53" E '5 52'18'07" E 17.;': S 51.46'39" E 18.)'5.50609'46" E 19. S67605'38" E !• 20.x'': S '66 35'27" E 21:'+;-'S 58642'41: 22..•.5'6918'14" 23.;.• S 74603'06" 24.;.,5 52621'15" 5 49604'22" 26.`'S 41'07'16" 27'.5 3343'47"• 28.!e S 3139'54" 29. 5'44'00'03" 30. 1,:: S 52624'20" E 86.50 FEET 31. 5.35 41'35" E 43.48 FEET 32.,.S 18'54'25" E 62.55 FEET 33.; 5 2648'20" E 139.55 FEET 34. .5 23/50'33" E 101.77 FEET TO A. OF LOT 11 OF SAID SECTION 18; THENCE EASTERLY LINE OF SAID LOT 11 AND LOT 14 FEET TO A -,POINT BEING 5.0 FEET WESTERLY 126.21 FEET 101.92 FEET 103.32 FEET 64.81 FEET 113.94 FEET 86.09 FEET 94.31 FEET 91.37 FEET 93.55 FEET 68.30 FEET 62.81 FEET 56.28 FEET 71.02 FEET 80.52 FEET 56.67 FEET 96.50 FEET 131.35 FEET 64.52 FEET 73.67 FEET 54.01 FEET E 86.11 FEET E 76.28 FEET E 68.83 FEET E 35.90 FEET E 61.97 FEET E 105.82 FEET E 107.86 FEET E 78.81 FEET E 113.96 FEET A-5 POINT ON THE ASTERLY LINE' '5 00600'00" . E ' ALONG THE''' OF SAID SECTION18-.622.77';`' 'OF THE HIGH WATER' LINE OF;; PAGE NO. 6 ASPEN' GLEN CLUB PROPER'1'Y j' DESCRIPTION 800X0918P 415 • • • THE WESTERLY 3? NFC OF THE ROAR t NC YORE RIVER; THENCE LEAVING SAID Ll TA.INE . THE FOLLOWING FIVE (5 ) CftIRSTS ALONG A LINE BEING FIVE' ', 1= EET WESTERLY Of AND PARALLEL TO THE 1HIGH WATER LINE OF THE' WESTERLY . BANKOF THE ROARING I'ORX RIVER' l 1; S 52'11'09° W 31.96 FEET ' 2.:.. S 55'08'57" W 79.59 FEET 3. 0 59`32'47" W 54.32 FEET •4. S 36'29'50" W 11.85 FEET 5. ALONG THE ARC OF A NoN-TANGENT CURVE TO THE Lox HAVING A RADIUS OF 1033.63 FENT AND CENTRAL. ANGLE OF•;. ;''.21'35'27", A DISTANCE OF 389.50 I'EET (CHORD BEARS=:'• • S 49'22'26" W 387.20 FEET) TO A POINT ON THE NORTHERLY.: LINE 'OF THE SW'SE} OF SAID SECTION 18; THENCE S 89'58'06" W ALONG SAIb :NO*THERLY LINE 234.22 FEET TO THE NORTHWEST: CORNER' OF. SAID:.:,: SW145E\; THENCE S 00'36'33" W ALONG THE WESTERLY LINE OF SAID.SW'SEN';,,R, 334.72 FEET TO THE SOUTHWEST CORNER OF THE WjN'IISWIISE>jt THENCE::+1 N 89'55'05" E ALONG THE SOUTHERLY LINE OF SAID NIINI:SW14SE% 59.71',;; FEET -TO A POINT WHICH IS FIVE FEET WESTERLY OF THE HIGH WATER LINE,` OF THE WESTERLY BANK OF THE ROARING FORK RIVERt THENCE ALONG A LINE •BEING'FIVE FEET WESTERLY OF AND PARALLEL TO THE HIGH WATER LINE OF'�' THE WESTERLY BANK OF THE ROARING FORK RIVER ALONG THE ARC OF A NOW!' TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1033.63 FEET' AND CENTRAL ANGLE OF 16'13'19"' 6'13'19", A DISTANCE OF 292.65 FEET ; (CHORD 'SEARS , 5 09'19'50"- W 291.67 FEET); THENCE LEAVING SAID FIVE FOOT OFFSET''`:; LINE N 89'23'42"•.W 15.53 FEET TO A POINT ON THE. EASTERLY LINE OF;';! LOT 17 OF SAID SECTION 18; THENCE S 00'36'18".W•ALONG SAID EASTERLY LINE 716.59 FEET TO THE SOUTHEAST CORNER OF SAID LOT 17; THENCE S 89'46'00" W ALONG THE SOUTHERLY LINE OF SAID LOT 17, 289.11 FEETr • TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COLORADO • HIbLAND RAILROAD; THENCE N 30'32'18" W ALONG SAID EASTERLY RIGHT-OF-WAY`.. 1822.07.FEET; THENCE•CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 30427'02" W 783.75 FEET TO A POINT ON THE"SOUTHERLY LINE OF' TELLER SPRINGS SUBDIVISION; THENCE N 81'50'40" E ALONG'SAID..'1., SOUTHERLY LINE•5.57 FEET TO T1iE TRUE POINT OF JEGINNINQ; SAID`:: PARCEL CONTAINING 120.112 ACRES, MORE OR LESS.. ALSO EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY•A PARCEL OF LAND,:: SITUATED IN LOT 1 ;iND 6 OF SECTION 13,, TOWNSHIP 7 SOUTH, RANGE •89 '. WEST AND IN,LOTS 4, 6 AND 9 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE' BB WEST OF THE SIXTH PRINCIPAL MEP.IDIAN,.COUNTY OF GARFIELD, STATE OF' COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: •; . COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13,.AN'AXLE :: IN PLACE; •!THENCE S 80'09'24" E 2469.81 FEET TO 'A POINT OH' THE .r EASTERLY LINE OF THE LEASE AND AGREEMENT FOR THE SALE AND PURCHASE;,;.: OF'GRAVEL PARCEL, THE TRUE POINT CAE BEGINNING; THENCE LEAVING SAID A-6 PAGE•NO. 7 . ▪ ASPEN. GLEN' CLUB ▪ PROPERTY'S DFSCRI PTION FASTERLY' LINE S 86'54,40" F 90.18 FEET; THENCE H 83112'17" E 112.18 -'FEET;'•THENCE N 48'46'15" E 165.45 FEET; THENCE S 44'59'32" 5.246.06.-:.•' FEET;, THENCE S 82'11'10" E- 210.86 FEET; THENCE S.40156'54" B i!FEET;THENCE S 37116'31" E 360.84 FEET; THENCE S 44129'49" 14 47.14 FEET TO A POINT ON THE EASTERLY LINE OF SAID LEASE AND AGREEMENT PARCEL;`'THENCE N 52'21'15" W 35.90 FEETI THENCE CONTINUING ALONG.., .:.)SAID' EASTERLY LINE N 741C3'06" W 68.83 FEET1 THENCE CONTINUING';' 'ALONG SAID EASTERLY LINE N 69'18'14" H 76.28 FEET;•TI!ENCE .'CONTINUING ALONG- SAID EASTERLY LINE H 58141'41". 14 86.11 FEET: - THENCE; CONTIHUING.ALONG SAID EASTERLY LINE N 66'35'27" If '54.01 FEET: THENCE CON'T'INUING ALONG SAID EASTERLY LINE N 67105'38" H .'•,73.67. -FEET; THENCE CONTINUING ALONG SAID EASTERLY: LINE',•:•';;;,': ',N-50'09'46" 1464.52 FEET; THENCE CONTINUING • ALONG SAID EASTERLY. .% .:LINE N :.51'46'39" W 131.35 FEET;. THENCE CONTINUING ALONG SAID•. `EASTERLY LINE N 52'18'07" W 96.50 FEET: 'THENCE -CONTINUING ALONG,i SAID .EASTERLY LINE N 52149'53" W 56.67 FEET THENCE CONTINUING`•'3;', ALONG. SAID EASTERLY LINE N 63133'32" 0 80.52 FEET: _THENCE :CONTINUING .ALONG SAID EASTERLY LINE N 69119'37" W .71.02 FEET1 THENCE CONTINUING .ALONG SAID EASTERLY LINE N 58'15'43"'W 36.28.: ','FEES'; , THENCE CONTINUING ALONG' SAID EASTERLY LINE H 57118'29" 14 .62.81 FEET; ' • THENCE CONTINUING ALONG SAID EASTI RLY..-•LINE 4:4 591.30'17" W 68.30 FEET; THENCE CON'T'INUING ALONG SAID EASTERLY LINE N 65'43'26t,.14 93.55 FEET; THENCE -CONTINUING ALONG•' SAID EASTERLY.' LINE.'N 54112'24" W 91.37 FEET' TO THE TRUE POINT OF- Q1NNING: 5A7D PARCEL CONTAINI:'r 5.417 ACRES, MORE OR LESS. 800)(0918,-cl 416 Fnory /911 "'r: 893: THE ABOVE DESCRIBED PROPERTY IS ALSO SUBJECT TO THE GARFIELD COUNTY, ' ROAD NO. ,109•RIGHT-OF-WAY DESCRIBED AS FOLLOWS: A 60.00' WIDE PARCEL OF LAND SITUATED IN LOT 23 OF SECTION 12, LOTS. 3, 4, 5, 8, 10, 12, 13, AND 16 OF SECTION 13, LOT 1 OF SECTION 24, ALL IN TOWNSHIP 7 SOUTH, RANGE 89 WEST, AND IN LOTS 8, 9, AND 17 OF. SECTION 19, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL?F MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO,. BEING MORE:` PARTICULARLY DESCRIBED AS FOLLOWS: • (ALL BEARINGS CONTAINED HEREIN ARE BASED ON.A BEARING OF S 00'01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20'AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALU''TNUM CAPS: IN PLACE) . . COMMENCING AT THE NORTH ONE-QUARTER CORNER OF. SAID; SECTION 13, AN;. AXLE IN PLACE; THENCE N 00111'14" W. ALONG 'THE NORTH -SOUTH, •:i CENTERLINE OF SAID SECTION 12, 458:62 FEET TO A. POINT; ON,•THE-..'•:'•`� ;;EASTERLY RIGHT-OF-WAY FENCE OF GARFIELD COUNTY"ROAD NO: :109,:•. A' F • REBAR AND CAP L.S. 119598 FOUND IN PLACE, THE TRL)E„_PDINT 0 t ,; YYEGINNINQ:: THENCE S 13128'04" E ALONG SAID .RIGHT-OF-WAY FENCE k 553.88 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE A-7 RAGE NO. 8 ASPEN GLEN cum ..J.D. PROPERTY DEScRIPT/oN Boox0918W4 417 !n0911 pp: 804 s 0905'41" t 565.51 FEET; THENCE coNTINUING ALONG SAID kram-or- WAY FENCES 1742,56" E 728.56 FEET; THENCE CONTINUING ALONG SAID g RIGHT-OF-WAY PENCE S 400342" E 175.51 FEET; THENCE CONTINUING ALONG SAID RIGNTOF-nWAY FENCE S 3240'06" E 463.99 FEET; THENCE LEAVING SAID RIGHT-OF-WAY PENCE AND ALONG THE EASTERLY RIGHT7Or..HAY,, • LINE OF SAID COUNTY ROAD /109 S 3240°06" E 23.66 PEETI.THENCE CONTINUING ALONG SATO EASTERLY RIGHT-OF-WAY g 20.26'02" E 552119 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE: 1 ARC or A CURVE TO THE LEFT HAVING A RADIUS OF 5287.84 FEET AND A , CENTRAL ANGLE OF 05'52'29", A DISTANCE OF 542.18 FEET (CHORD BEARS 2322'16" E 541.94 FEET); THENCE CONTINUING ALONG SAID EASTERLY , RIGHT-OF-WAY 26618'31" E 854.10. FEET: THENCE CONTINUING ALONG • • SAID EASTERLY RICHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT , HAVING A RADIUS OF 730.33 FEET, A CENTRAL ANGLE or 19'45'06' A DISTANCE OF 251.77 FEET (CHORD BEARS 8 16'25'57" E 250.53 FEET): THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY 5 0633'24" E • ' ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1635.61:Hi, • 156.75 FEET; THENCE CONTINUING ALONG SAID EASTERLY'RIGHT-OF-WAY - it 4 FEET, A CENTRAL ANGLE OF 19'0706", A DISTANCE OF 545.79 raTib, (CHORD BARS 8 160657" E 543.26 FEET); THENCE CONTINUING ALONG:. SAIDEASTERLY RIGHT -Or -WAY 8 20.41'20" E 11.95 FEET/ THENCE. CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 29.02'45" E 367.48, FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY .2919'46" E 501.69 FEET: THENCE CONTINUING ALONG SAID EASTERLYY RiGHT-0E-WAY 8 32.15'50" E 38.79 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT -Or -WAY S 3e46146" E 649.59 FEET: THENCE CONTINUING 11 ;v ALONG SAIO.EASTERLY RIGHT-OF-WAY S 46.01'35" E 38.04 FEET k THENCE CONTINUING ALONG SAID EASTERLY RIGHTOF•.WAY S 57S35g29n:E1419.98,41 . FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY S 57636'01" E 517.80 FEET; THENCE CONTINUING ALONG SAID EASTERLY.! RIGHT-OF-WAY S 7749'23" E 107.47 FEET; THENCE CONTINUING ALONG bt I SAID RIGHT-OF-WAY S 78'59'34" E 402.07 'FEET; THENCE CONTINUING'0, ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING • • A RADIUS OF 1001.79 FEET AND A CENTRAL ANGLE OF 11'53'43" DISTANCE OF 207.98 FEET, (CHORD BEARS S 84'56'26" 5207.61 FEEFT):j THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 89'06'43" E 181.02 FEET - THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 190.10 FEET AND A CENTRAL ANGLE 6250,04“, A DISTANCE OF 208.48 FEET, (CHORD BEARS S 59'28'15" E• 198.19 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY • S 2803'13" E 259.67 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1494.54 FEET AND A CENTRAL ANGLE OF 18'30'15", A DISTANCE OF 482.67, FEET, (CHORD BEARS S 37.18'21n E 480.58 FEET); THENcE CONTINUING ALONG SAID RIGHT-OF-WAY S 46'33'28" E 453.89 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1024.62 FEET AND CENTRAL ANGLE OF 1952'05", A:•.; DISTANCE OF 355.30 FEET (CHORD BEARS S 3637'26" E 353.52 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAYS 2641'23" E 161.91 A-8 5AGE HO. 9 `ASPEN, G1,EN'CLUH P. u . D. n•PROPERTY: DESCRIPTION Bnax0918nc; 418 Wink 8 ,:`FER'Ti ;THENCE CONTINUING ALONG SAID RICfIT--OF-WAY ALONG THE ARC OF A ;t;,ICURVE ; TO •_THE LEFT HAVING A RADIUS OF 1902.23 FLET AND A CENTRAL •ANGLE.!OF 08'22'57", A DISTANCES OF 278.30 FEET, (CHORD BEARS S,30'52'52" E 279.05 FEET;1 THENCE CONTINUING ALONG SAID RIGHT -OF`--. WAY 5:35'04'20"-E 51.8.24 FEET TO A POINT ON THE SOUTHERLY LIHE!OF THE SIEVERS PARCEL„ THENCE N 89'15'57" W ALONG SAID SOUTHERLY LINE,: .6.66 FEET; .THENCE CONTINUING ALONG SAID SOUTHERLY LINE :8 '00'01125" PI 59.78 FEET; THENCE CONTINUING ALONG SAID' SOUTHERLY .LINE :N 32'31'00" W 1283.00 FEET; THENCE CONTINUING ALONG -SAD ':•SOUTHERLY•LINE'N 47'20'00" W 761.88 FELT TO A POINT ON -THE WESTERLY RIGHT-OF-WAY OF .SAID COUNTY ROAR NO. 1091 THENCE- ALONG: SAID. :.WESTERLY.RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO. THE RIGHT HAVING - A.RADIUS.OF 1554.54 FEET ANO A CENTRAL ANGLE OF 09'36'39" A DISTANCE,OF 260.76 FEET, (CHORD HEARS N 32`51'33" 14 260.43 FEET); .-THENCE CONTINUING ALONG SAID RIGHT-OF-WAY. N 28'03'13" H 259.67 •,'j FEET;: THEHCES' COHTINU211G ALONG SAID RIGHT-OF-WAY ALONG THE -ARC OP CURVE: TO 'THE LEFT HAVIHG -A RADIUS OF 130.10 FEET AND A . CENTRAL:'' ..,--ANGLE:OF,62'50'04", A DISTANCE OF 142.68 FEET, (CHORD BEARS''",.. -N 59'28'15" W 135.64 FEET); THENCE CONTINUING ALONG SAID RIGNt-OF WAY 5 89'06'43" W 177.52 FEET TO A POINT ON TIIE SOUTHERLY LIRE OF THE SIEVERS PARCEL;' THENCE N 47'20'00" W ALONG SAID SOUTHERLY I,INE -41.37 FEET;. THENCE CONTINUING ALONG SAID SOUTHERLY LINE . • N 81''57'00" W'723.48 FEET TO A POINT ON THE WESTERLY .RIGHT -0P -WAY OF'SAID GARFIELD •COUNTY ROAD NO. 109; THENCE N 57'36'01•" 1 ALONG ';'i SAID • WESTERLY RIGHT-OF-WAY 513.47 FEET; THEHCE 'CONTXNUINC SAID =WESTERLY RIGHT-OF-WAY N 57'35'29„ W•486.06 FEET;: -THENCE CONTINUING ALONG SAID WESTERLY RICHT-OF-WAY N 46'01'35".( 50.02 FEET;;THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY. N.34.4‘'46" W 656.82 FEET; THENCE CONTINUING ALONG SAID -WESTERLY .RIGHT-OF-WAY N 32'15'50" W 41.64 FEET; THENCE.CONTINUING ALONG SAID'. �._ 'WESTERLY'RIGHT-OF-WAY N 29'19'46" W 503.37 FEET; THENCE CONTINUING ALONG -SAID WESTERLY RIGHT-OF-WAY N 29'02'45" W 372.01.•FEET;'THENCE • CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20'41'20.11,W. 13.75',.:; - FEET;•.THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE,:. l. ARC OF. A. CURVE TO THE RIGHT HAVING A RADIUS OF 1695.57 FEET: AND;.!?'O :CENTRAL ANGLE OF 19'01'46", A DISTANCE OF 563.17 FEET' (CHORD•DEAR5•,n� N 16'04'17" W 560.59 FEET): THENCE CONTINUING ALONG SAID -WESTERLY:' RIGHT-OF-WAY N 06'33'24" W 156.75 FEET; • THENCE CONTINUING ALONG' =•'s' .SAID WESTERLY • RIGHT-OF-WAY ALONG THE ARC ,OF. A CURVE TO THE LEFT. HAVING A'RADIUS OF 670.33 FEET AND A CENTRAL ANGLE Of. 19.45'.06",.A: DISTANCE' OF 231.09 FEET (CHORD BEARS N 16'25'57" H 229.94 FEET] ; ,THENCE••:CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 26'18'.31" W. 854.10 '.FEET; THENCE CONTINUING ALONG SAID.WESTERLY RIGHT-OF=WAYl. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF•5347.84'' FEET AND A• CENTRAL ANGLE OF 05'52'29", A DISTANCE OF 548.33, FEET (CHORD BEARS.N 23'22'16" W 548.09 FEET): THENCE, CONTINUING ALONG'' SAID WESTERLY RIGHT-OF-WAY N 20'26'02". W 555.76 FEET: THENCE CONTINUING ALONG .SAID WESTERLY RIGHT-OF-WAY N 32'40'06" H 479.34 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY; . A-9 PAUb NU. 1u ASPEN GLEN CLUB 1-.J.D. PROPERTY DESCRIPTION 800)(0918 PGI 4.19 N-40.603'42" W 183.48 FEET) THT:NCE CONTINDINO ALONG SAID WESTERLY ' :RIGHT-OF-WAY N 1742'56" W 744.9 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT -Or -WAY N 09'05'41" W 567.76 FEET; THENCE'. CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 13'28'04" W 297,39 FEET TOA POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 12;.•' THENCE N 00'11'14" W 261.19 FEET TO x11 TRUE PQXH _QF_pj? .$ 1 SAID RIGHT-OF-WAY. CONTAINING 14.169 ACRES, MORE OR LESS: THE ABOVE DESCRIBED PROPERTY IS ALSO SUBJECT TO THE COLORADO STATE HIGHWAY 182 RIGHT-OF-WAY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NENNWN AND IN LOTS 5,:6, 7, 10,.•... 11, 16,: AND 20 OF SECTION 20 AND IN LOT 2 OF SECTION 29, ALL IN ••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: - (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 00'01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND'. THE WEST QUARTER CORNER. OF SAID SECTION 20, 1986'BLM ALUMINUM CAPS. IN PLACE) • • BEGINNING AT -THE NORTHWEST CORNER OF SAID SECTION 20; THENCE S 47'24'11" E 1785.35 FEET TO THE POINT OF INTERSECTION OF THE - SOUTHERLY.RIGHT: OF WAY OF COLORADO STATE HIGHWAY /82 AND: THE WESTERLY LINE OF SAID NE NW' , TIlE TRUE POINT _?F BEGINNING; THENCE N 00'05'.52" E 424.97 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY;' OF SAID COLORADO STATE HIGHWAY /82; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY S 35'21'30" E 2312.28 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY.MONUM£NT FOUND IN PLACE; THENCE CONTINUING: ALONG SAID NORTHERLY RIGHT-OF-WAY S 18'39'30" E 104.40 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT. FOUND IN PLACE; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S 35.21'30" E•;•.: 1600.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT. FOUND IN PLACE;•THENCE CONTINUING ALONG SAID NORTHERLY.';' RIGHT-OF-WA.Y S 52'03'30" E 104.40 FEET TO A COLORADO DEPARTMENT OF.. HIGHWAYS RICHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 35'21.'30" E 495.00 FEET. TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG'' THE ARC OF A CURVE -TO THE LEFT HAVING A RADIUS OF 5730.00 FEET AND':_-;.; A CENTRAL ANGLE OF 04'21'31", A DISTANCE OF 435.91 FEET (CHORD BEARS S 37'36'30" E 435.80 FEET); THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 39'51'30" E 455.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S 52'59'30"- E 44•.97 - FEE'1' TQ A POINT ON THE EASTERLY LINE OF SAID LOT 16; THENCE ALONG SAID EASTERLY LINE S 01'30'51" W 94.50 FEET TO THE SOUTHEAST CORNER OF LOT 16 OF SAID SECTION 20; THENCE ALONG THE EASTERLY LINE OF LOT, A-10 PAGE NO. 11 ;;JASPEN GLEN . CICU? ' ., PROPERTY DESCRI F'i l ON 800K0918 n..ci 420 8nrir(Uj11; v.807 2'OI''SAIC' SECTION 29 S n1'2.1'57" W 462.0fl PERT TO A POINT ON THE SOUTHERLY RIGHT -op -WAY or SAID STA'L'E HIGHWAY 182; THENCE ALONG SOU'T'HERLY RIGHT -O1' -WAY N 35'09'16" W 3904.20 FEET; ' THENCE ,' ';CONTINUING ALONG SAID so THERLY RIGA' -DF -WAY S 88.331591.E 62.27.; • ,FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY. N • 3509'-16" W 652.28 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY. ' :.RIGHT-OF-WAY S 00'11'56" E 87.27 FEET; THENCE CONTINUING ALONG SAID ,; -'SOUTHERLY RIGHT-OF-WAY LINE N 35'09,10 W 1191.19 FEET.TO zT' E -M,INT_DIPLAFSLUentiG, SAID PARCEL CONTAINING 31.789 ACRES MORE OR '. LESS. . THE ABOVE DESCRIBED PROPERTY 15 ALSO SUBJECT TO THE DENVER it RIO • '. GRANDE WESTERN RAILROAD RIGHT-OF-WAY DESCRIBED AS FOLLOWS: - A PARCEL •or LAND SITUATED IN THE NE' NW} AND IN LOTS' 5, .11;-16,. 'AND 20 DF SECTION 20 AND IN LOT 2 OF SECTION 29, ALL IN,' -' ,.: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: (ALL"BEATINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 00'01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND-. : THE WEST -QUARTER CORNER OF SAID SECTION 20, 1986 .RI. 4 ALUMINUM CAPS - IN PLACE) BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20; THENCE.••'_ • S. 47'24'11" E 1785.35 FEET TO THE POINT OF INTERSECTION OF •THE.,` NORTHERLY RIGHT• -OF -WAY OF THE DENVER & RIO GRANDE WESTERN RAILROAD...: AND THE WESTERLY•LINE OF SAID NE NW '� I{, �j.;E TRUE POINT ►�T BEGINNIHG,'•�.:j�' .-THENCE ALONG THE NORTHERLY RIGHT-OF-WAYOF SAID RAILROAD • S 35'09'16" E 1191.18 FEET; THENCE CONTINUING ALONG.SAID NORTHERLY'::; RAILROAD RIGHT-OF-WAY N 00b11'56" W 87.27 FEET; THENCE CONTINUING ALONG SAID NORTHERLY,RIGHT-OF-WAY S 35.09'16" E 652.28 .FEET; THENCE : CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY H 88'13'59":W 62.27 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY .s 35'09'16'° E 3904.20 FEET TO A POINT ON THE•EASTERLY LINE OF LOT:.,:': 2 OF SAID SECTION 29; THENCE ALONG THE EASTERLY LINE OF.SAID LOT 2 •` SOUTH 01.21157u W 168.04 FEET TO A POINT OF INTERSECTION OF THE': SOUTHERLY RIGHT-OF-WAY LINE OF RAID DENVER 6 RIO GRANDE WESTERN::'..!.' RAILROAD AND THE EASTERLY LINE OF SAID LOT 2; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 35'09'16" W.4113.48 FEET;•THENCE. CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 88'33'59" W. 62.27 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 35'09'16" W 217.72 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 00.11'56" W 87.27 FEET; THENCE'''. CONTINUING ALONG SAID RIGHT-OF-WAY LINE N 35'09'16" W 608.79 FEET; 'THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE : • N 35'09'16" W 583.96 FEET TO A POINT ON THE WESTERLY ,LINE A-11 r ASPEN -.GLEN CLUB PPPPERTYDESCRIPTION 13001(0918M 421 !nnOO11 808 • • • . . SAIb NtliNWVOVSAID 'SECTION -20; THENCE ALONG AWESTERLY LINE '. ,NE1/4NN1 OP 'pm SECII0t1 20 H 00'05'52" E 173,26 FEET TO Th&jmus .i'. POINT OF BEGIMHZEL.SAID PARCEL C'ITAINING ).3.9]6 ACRS, MORE OR 'NET -ACREAGE OF THE ABOVE MORE OR LESS', . • • .•• • REVISED 2/18/92, 5/28/92 . . , • . _ • . •.. • -r!': El, • . • •!'HI ": • - ....•:'1.•••::•L'•.:! • DESCRIBED PROPERTY EQUALS 938.407 ACRES • • • • •• • e'A . • , 1 . , . • ' • ;• • , • • - •••••.':.. 5 Ir • 16999 Form 668 (Y)(c) (Rev. February 2004) Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS/SELF EMPLOYED AREA #7 Lien Unit Phone: (800) 913-6050 Serial Number 317696718 For Optional Use by Recording As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer BC EXCAVATING, a Corporation Residence PO BOX 84 PARACHUTE, CO 81635-0084 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Kind of Tax (a) 941 941 941 941 941 941 941 Tax Period Ending (b) Identifying Number (c) Date of Assessment (d) Last Day for Relihng (e) a 0 0 } 0 oa -.0 00 00 ao cm me i -mm i Zm-7,6 ii :::: .� 8mo Unpaid Balanc.1w°- of ,Assessment (f) 12/31/2016 06/30/2017 06/30/2017 09/30/2017 09/30/2017 12/31/2017 03/31/2018 XX-XXX9148 XX-XXX9148 XX-XXX9148 XX-XXX9148 XX-XXX9148 XX-XXX9148 XX-XXX9148 04/17/2017 02/26/2018 05/28/2018 02/26/2018 05/28/2018 03/12/2018 07/16/2018 05/17/2027 03/27/2028 06/27/2028 03/27/2028 06/27/2028 04/11/2028 08/15/2028 500.33 12621.64 11269.25 5917.89 12293.60 Place of Filing CLERK AND RECORDER GARFIELD COUNTY GLENWOOD SPRINGS, CO 81601 Total $ 42602.71 This notice was prepared and signed at SEATTLE, WA the 30th day of July 2018 on this, Signature 0. . 3Ca i.Q_ for J Bae.ON Title REVENUE OFFICER (720) 956-4618 27-10-2310 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Form 668(Y)(c) (Rev. 2-2004) • Part 1 - Kept By Recording Office CAT. NO 60025X Filed for record the day of ,A.D. 19, at o'clock M. Reception No. THIS DEED , Made this day of May 30, 1997 between ASPEN GLEN GOLF 0CI4PANY, A COLORADO =OM) PP J ER. of the County of CARFIEL° and State of Colorado, of the firstp Pt and JOHN PRELIM'S T AND CCNNIE P. TIERSEST, AS JOINT AS TO AN UNDIVIDED CNE -HALF INTEREST AND DEE TRUMLO AS TO AN UNDIVIDED CNE -HALF INTEREST 8600 NW SIH RIVER. DRIVE, SUITE 101 whose legat address is MIAMI, FL 33166 of the County of and State of Colorado, of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the sum of (***$395,000.00 ) By RECORDER. DEPUTY. FILING STAMP THREE HUNDRED NINETY FIVE THOUSAND DOLLARS AND 00/100THS to the sail party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot or parte; of land, situate, lying and being in the County of GARFTE D and State of Colorado, to wit: IAT A9 ASPEN GLEN FILING NO. 1 AGINGTO THE PLAT THEREOF RECORDED APRIL 6, 1995 AS FiECEPTICN NO. 476330. COUNTY OF G RFIECD, STATE OF COLORADO also known as street nunber VACANT LAND TOGETHER with all and singular and 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 said party of the first part, either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree t� and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1997 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular nunber shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. ADO LIMITED PARTNERSHIP STATE OF COLORADO County of CARFIELD ss. roomei!Mia% .. • r ors . -ph. .L • yr era. h,..,4 The foregoing instrument was acknowledged before me on this day of (SEAL) May 30, 1997 , by DAVID A•. BURDEN, VICE PRESIDENT OF MANAGEKEMT COMPANY FOR ASPEN GUST, A =RAW CORKRATICN, GENERAL PAR= OF ASPEN GLEN GOLF OCKPANY, A ODEORADO Imo: P7.1ti1tiERSECEP My coirmis'si an expi res •. f y a3' Witncss:my hprd and official s al. frtteryAub r Form WD WARRANTY DEED - For Photographic Record CH 222026.222026 022026 Aspen Glen Realty, Inc. 9929 Highway 82 Carbondale, CO 81623 RECORDED 3: V2 u"CLOCK /'.M. Rs_C = 47O7"� NOV 08 1994 MILDREC ALSDORF, GJ RFI �LD CGUNT LL_:1K WARRANTY DEED B0Uk0921;',G; 661 NOV 08 1994 r GARFIELD State Doc. Fee $ . o0 THIS DEED made this 7th day of November, 1994, between ASPEN GLEN GOLF PARTNERS, a California Limited Partnership, doing business in the State of Colorado as ASPEN GLEN GOLF PARTNERS, LTD., Grantor, and ASPEN GLEN GOLF COMPANY, a Colorado Limited Partnership, Grantee, whose legal address is c/o The Melrose Company, P.O. Box 21307, Hilton Head Island, SC 29926. WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to the said Grantor in hand paid by the said Grantee, the receipt and sufficiency of which is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the following described real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: A11 of the real property described on Exhibit "A", attached hereto, and by reference made a part hereof, together with all mineral rights apurtenant thereto not previously reserved or conveyed, and together with the easements as set forth on Exhibit "B", attached hereto, and by reference made a part hereof. also known by street and number as: (1) 9929 Highway 82, Carbondale, Colorado; (2) 3794 County Road 109, Carbondale, Colorado; and (3) 2550 County Road 109, Carbondale, Colorado TOGETHER with all and singular the hereditaments and appurtenants thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenants. TO HAVE AND TO HOLD the said premises aboN a bargained and described, with the appurtenants, unto the said Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances of whatever kind or nature soever, EXCEPT taxes for the year 1994, due and payable in 1995, AND EXCEPT THE FOLLOWING: LIU tint Gw3115- LAND TITLE GUARANTEE COMPANY 817 COLORADO AVENUE, SUITE 102 GLENWOOD SPRINGS, CO 81601 ll61S 1. BOOK° 921 PAGE 662 THE E1 ECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER SPECIAL DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 2. RIGHT OF A PROPRIETOR OF A VEIN OR LODE TO EXTRACT OR REMOVE HIS ORE THEREFROM. SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AS RESERVED IN THE FOLLOWING UNITED STATES PATENTS: PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED MARCH 12, 1892 IN BOOK 12 AT PAGE 119. APRIL 11. 1892 IN BOOK 12 AT PAGE 133. • APRIL 16. 1892 IN BOOK 12 AT PAGE 135. NOVEMBER 12, 1892 IN BOOK 12 AT PAGE 192. OCTOBER 24, 1893 IN BOOK 12 AT PAGE 249. NOVEMBER 1, 1893 IN 1300K 12 AT PAGE 250. NOVEMBER 18, 1893 IN BOOK 12 AT PAGE 255. JULY 25. 1894 IN BOOK 12 AT PAGE 329. JULY 25. 1894 IN BOOK 12 AT PAGE 332. JANUARY 19, 1895 IN BOOK 12 AT PAGE 351. MAY 24, 1897 IN BOOK 12 AT PAGE 461. JULY 25. 1910 IN BOOK 71 AT PAGE 426. JUNE 24, 1893 IN BOOK 12 AT PAGE 235. 3. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN THE FOLLOWING UNITED STATES PATENTS: PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED OCTOBER 24. 1893 IN BOOK 12 AT PAGE 249. NOVEMBER 1, 1893 IN BOOK 12 AT PAGE 250. NOVEMBER 18, 1893 IN BOOK 12 AT PAGE 255. JULY 25, 1894 IN BOOK 12 AT PAGE 329. JULY 25, 1894 IN BOOK 12 AT PAGE 332. JANUARY 19, 1895 IN BOOK 12 AT PAGE 351. MAY 24, 1897 IN BOOK 12 AT PAGE 461. JULY 25. 1910 IN BOOK 71 AT PAGE 426. JULY 28, 1952 IN BOOK 265 AT PAGE 161. MAY 4. 1956 IN BOOK 292 AT PAGE 508. MARCH 11, 1957 IN 1300K 298 AT PAGE 150. JUNE 24, 1893 IN BOOK 12 AT PAGE 236. 4. EXCEPTING AND RESERVING. ALSO, TO THE UNITED STATES, PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST 1, 1946 (60 STAT., 755) ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, TOGETHER WITH THE RIGHT OF THE UNITED STATE THROUGH ITS AUTHORIZED AGENTS OR REPRESENTATIVES AT ANY TIME TO ENTER UPON THE LAND AND PROSPECT -FOR, MINE AND REMOVE THE SAME. RESERVING TO THE UNITED STATES, ITS' PERMI 1.1 LE OR LICENSEE, THE RIGHT TO ENTER UPON. OCCUPY AND USE, ANY PART OR ALL OF LOT 20 OF SAID SECTION 20, FOR THE PURPOSES PROVIDED IN THE ACT OF JUNE 10. 1920 (41 STAT., 1063) AND SUBJECT TO THE CONDITIONS AND LIMITATIONS OF SECTION 24 OF SAID ACT AS AMENDED BY THE ACT OF AUGUST 26, 1935 (49 STAT., 846), ALL AS RESERVED IN THE UNITED STATES PATENT RECORDED JULY 28, 1952 IN BOOK 265 AT PAGE 161. -2- Boo,0921 pnri[ 663 5. PRIOR RESERVATIONS AND CONVEYANCES OF MINERALS, MINERAL RIGHTS, OIL, GAS AND OTHER HYDROCARBONS, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN, AS CONTAINED AND DESCRIBED IN THE FOLLOWING INSTRUMENTS: A. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATURE AS RESERVED BY LEONIS P. CHUC IN WARRANTY DEED RECORDED DECEMBER 26, 1958 IN BOOK 314 AT PAGE 160. B. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATURE AS RESERVED BY CAESAR J. CHUC IN WARRANTY DEED RECORDED SEPTEMBER 26, 1961 IN BOOK 336 AT PAGE 570. C. RESERVATION OF A SEVEN PERCENT ROYALTY FROM AND OUT OF ALL OF THE OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM SAID LANDS AS RESERVED BY LILLIAN I. CORYELL, PERRY C. CORYELL AND PERRY L. CORYELL IN WARRANTY DEED RECORDED JANUARY 5, 1965 IN BOOK 363 AT PAGE 33. D. ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY WILLIAM WALTER GENTRY AND WILLIAM GENTRY 114 DEED RECORDED MAY 8, 1950 IN BOOK 250 AT PAGE 271. E. AN UNDIVIDED 1/50 INTEREST OF ALL OIL AND GAS AS RESERVED BY ELLA J. CHASE IN DEED RECORDED JUNE 12 1951 IN BOOK 258 AT PAGE 594. F. AN UNDIVIDED ONE-HALF INTEREST OF ALL MINERALS AS RESERVED BY T.M. SANDERS IN DEED RECORDED OCTOBER 13, 1964 IN BOOK 361 AT PAGE 275. G. AN UNDIVIDED. 6 1/4 PERCENT KOYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AS CONVEYED TO T.M. SANDERS BY DEED RECORDED DECEMBER 17, 1964 IN BOOK 362 AT PAGE 445. 6. TERMS AND CONDITIONS AS CONTAINED IN THE RIGHT OF WAY FROM THE DENVER AND RIO GRANDE WESTERN RAILROAD RECORDED AUGUST 19, 1982 IN BOOK 606 AT PAGE 706. 7. RIGHTS OF WAY AND EASEMENTS FOR ROADS, STREETS, HIGHWAYS, RAILROADS, DITCHES. CANALS, PIPELINES AND UTILITY LINES AS CONTAINED IN AND AS DESCRIBED IN THE FOLLOWING INSTRUMENTS: A. THE CRANE AND PEEBLES DITCH AS DESCRIBED IN STATEMENT RECORDED MAY 2, 1889 IN BOOK 9 AT PAGE 483. B. THE PEEBLES WASTE WATER DITCH AS DESCRIBED 114 MAP AND STATEMENT RECORDED JANUARY 17, 1896 AS RECEPTION NO. 19005. C. RIGHT OF WAY 25.00 FEET IN WIDTH, BEING 1250 FEET IN WIDTH ON EACH SIDE OF THE CENTER LINE OF THE GLENWOOD SPRINGS DITCH AS CONVEYED TO THE GLENWOOD IRRIGATION COMPANY IN INSTRUMENT RECORDED JUNE 17, 1901 IN BOOK 44 AT PAGE 457. D. PERMANENT EASEMENTS AS GRANTED TO THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, IN INSTRUMENT RECORDED OCTOBER 2 1968 IN BOOK 397 AT PAGE 104 AND RECORDED MAY 19, 1969 IN BOOK 402 AT PAGE 54. -3- BOOKO921 �',c� 664 E. RIGHT OF WAY FOR THE CONTINUOUS, UNINTERRUPTED FLOW OF THE ROARING FORK RIVER. AS SAME TRAVERSES AND BORDERS SUBJECT PROPERTY. F. RIGHT OF WAY FOR TRANSMISSION LINE AS GRANTED TO J.F. SMITH IN INSTRUMENT RECORDED JANUARY 28, 1927 IN BOOK 155 AT PAGE 331. G. EASEMENTS AND RIGHTS OF WAY FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF TELEPHONE AND TELEGRAPH LINES AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. IN INSTRUMENTS RECORDED FEBRUARY 2,1936 IN BOOK 183 AT PAGE 254 AND RECORDED SEPTEMBER 1, 1972 IN BOOK 435 AT PAGE 10. H. EASEMENT AND RIGHT OF WAY FOR THE DENVER AND RIO GRANDE WESTERN RAILROAD AS CONSTRUCTED AND IN PLACE. I. RIGHT OF WAY AND EASEMENT AS GRANTED TO HOLY CROSS ELEC I RIC ASSOCIATION IN INSTRUMENT RECORDED JANUARY 30, 1981 IN BOOK 564 AT PAGE 650. J. COUNTY ROAD VIEWERS REPORTS FILED APRIL 24, 1889 IN ROAD RECORDS BOOK 1 AT PAGE 105 AND FILED APRIL 7, 1890 IN ROAD RECORDS BOOK 1 AT PAGE 119. K. RIGHT OF WAY AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS IN INSTRUMENT RECORDED OCTOBER 19, 1961 IN BOOK 337 AT PAGE 246. L. TERMS AND CONDITIONS OF LICENSE AGREEMENT BETWEEN MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY AND ROCKY MOUNTAIN NATURAL GAS COMPANY RECORDED JULY 5, 1971 IN BOOK 432 AT PAGE 536. M. EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND UTILITY LINE ALONG PRESENT ROADWAY AS GRANTED TO DAVID T. WHIDDON IN INSTRUMENT RECORDED SEPTEMBER 30, 1977 IN BOOK 501 AT PAGE 263. N. EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY LINE PURPOSES AS GRANTED TO NEIL S. MINCER IN INSTRUMENT RECORDED FEBRUARY 2, 1970 IN BOOK 407 AT PAGE 403. 8. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN AGREEMENT BETWEEN ASPEN GLEN GOLF PARTNERS AND ROSS JEI--FERY RECORDED JULY 5, 1994 IN BOOK 907 AT PAGE 801. 9. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS, SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305. B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 2, 1994 IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94-089 RECORDED AUGUST 9, 1994 IN BOOK 911 AT PAGE 791. -4- B00K0921 P,Gi 665 10. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED SEPTEMBER 16. 1993 IN BOOK 875 AT PAGE 854, RECORDED DECEMBER 28, 1993 IN BOOK 886 AT PAGE 833, RECORDED APRIL 2, 1992 IN BOOK 827 AT PAGE 636, AND RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 364. 11. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN AGREEMENTS BY AND BETWEEN UNION OIL COMPANY OF CALIFORNIA, ASPEN. GLEN GOLF PARTNERS, LTD., AND THE ASPEN GLEN WATER AND SANITATION DISTRICT RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 970 AND RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 973. 12. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS ARESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT LAND: AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED. BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 13. A DEED OF TRUST DATED AUGUST 7, 1991 FROM THE ANSCHUTZ INVESTMENT COMPANY, A COLORADO GENERAL PARTNERSHIP TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF FIRST CITY, TEXAS -HOUSTON, N.A. TO SECURE THE SUM OF S19,000,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED AUGUST 15, 1991 IN BOOK 811 AT PAGE 459, AND AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT AND FIXTURES FINANCING STATEMENT RECORDED APRIL 2, 1992 IN BOOK 827 AT PAGE 556, AND RE-RECORDED APRIL 20, 1992 IN BOOK 829 AT PAGE 343. ASSUMPTION AGREEMENT RECORDED IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED APRIL 2, 1992 IN BOOK 827 AT PAGE 618. EXTENSION AGREEMENT RECORDED IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED AUGUST 24, 1992 IN BOOK 840 AT PAGE 88. MODIFICATION AND EXTENSION AGREEMENT RECORDED IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED SEPTEMBER 3, 1992 IN BOOK 840 AT PAGE 904. AMENDMENT TO MODIFICATION AND EXTENSION AGREEMENT RECORDED IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED FEBRUARY 4, 1993 IN BOOK 854 AT PAGE 81.AMENDMENT TO MODIFICATION AND EXTENSION AGREEMENT RECORDED IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED NOVEMBER 16,1993 IN BOOK 882 AT PAGE 153. 14. DEED OF TRUST DATED SEPTEMBER 8, 1994 FROM ASPEN GLEN GOLF PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, DOING BUSINESS IN THE STATE OF COLORADO AS ASPEN GLEN GOLF PARTNERS, LTD. TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ASPEN GLEN FUNDING I, LLC, A COLORADO LIMITED LIABILITY COMPANY TO SECURE THE SUM OF S2,550,000.00 AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED SEPTEMBER 22, 1994 IN BOOK 916 AT PAGE 577.. 15. FINANCING STATEMENT WITH ASPEN GLEN FUNDING I, A COLORADO LIMITED LIABILITY COMPANY, THE SECURED PARTY, RECORDED SEPTEMBER 22, 1994 IN BOOK 916 AT PAGE 616. -5- 8130x0921 nc► 665 16. DEED OF TRUST DATED SEPTEMBER 09, 1994, FROM ASPEN GLEN GOLF PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP DOING BUSINESS IN THE STATE OF COLORADO AS ASPEN GLEN GOLF PARTNERS LTD. TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ETHEL A. HEUSCHKEL TO SECURE THE SUM OF 5300,000.00 RECORDED SEPTEMBER 28, 1994 IN BOOK 917 AT PAGE 256 UNDER RECEPTION NO. 469011. 17. DEED OF TRUST DATED AUGUST 09, '1993, FROM ASPEN GLEN GOLF PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP DOING BUSINESS IN THE STATE OF. COLORADO AS ASPEN GLEN GOLF PARTNERS LTD. TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF INTEGRATED PROPERTY SERVICES, INC. TO SECURE THE SUM OF $650,000.00 RECORDED AUGUST 11, 1993, IN BOOK 872 AT PAGE 80 UNDER RECEPTION NO. 451133. The Grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the Grantee, its heirs and assigns, against all and every person or of persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. ASPEN GLEN GOLF PARTNERS, a California Limited Partnership doing business in the State of Colorado as ASPEN GLEN GOLF PARTNERS, LTD. By THE ASPEN GLEN COMPANY, a Colorad •• Corporation Its Gene ! Partner By Joh > R. Elkins, CEG STATE OF COLORADO COUNTY OF 800K0921 P4ci 667 The foregoing instrument was acknowledged before me this 7th day of November, 1994, by JOHN R. ELKINS, CEO of The Aspen Glen Company, General Partner of Aspen Glen Golf Partners, a California Limited Partnership. WITNESS my hand and official seal. My commission expires: "�' Address: My commission expires Mar -3 ;, \ S55 C, T t ull- 14' +/A NOT Boox0921 t,kc 668 EXHIBIT A Attached to and Forming a Part of WARRANTY DEED from Aspen Glen Golf Partners, Grantor, to Aspen Glen Golf Company, Grantee, dated November 7, 1994 THREE PARCELS OF LAND HEREIN CALLED THE ANCHUTZ RANCH PARCEL, SIEVERS RANCH PARCEL, AND THE MILLER PARCEL, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ANCHUTZ RANCH PARCEL PARCEL A A PARCEL OF LAND SITUATED IN THE NE 1/4 NW 1/4 AND IN LOTS 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 19, AND 20 OF SECTION 20 AND IN LOTS 2, 3, 4, 8 AND 9 OF SECTION 29, ALL IN 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: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S. 00 DEGREES 01' 46" W. BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAP IN PLACE); BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 20, A BLM ALUMINUM CAP FOUND IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S. 00 DEGREES 12' 30" E. ALONG THE EASTERLY. LINE OF SAID NE1/4NW1/4 1378.55 FEET TO THE SOUTHEAST CORNER OF SAID NE1/4NW1/4, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 89 DEGREES 38' 40" E. ALONG THE NORTHERLY LINE OF SAID LOT 19, 1305.39 FEET TO THE NORTHEAST CORNER OF SAID LOT 19, BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 00 DEGREES 05' 56" E. ALONG THE EASTERLY LINE OF SAID LOT 19, 1289.48 FEET TO THE SOUTHEAST CORNER OF SAID LOT 19, ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID LOT 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 88 DEGREES 36' 52" E. ALONG SAID NORTHERLY LINE 1304.01 FEET TO THE EAST QUARTER CORNER OF SECTION 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 01 DEGREES 23' 50" E. ALONG THE EASTERLY LINE OF SAID LOT 20, 1320.18 FEET TO THE SOUTHEAST CORNER OF SAID LOT 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE N. 89 DEGREES 35' 53" W. ALONG THE SOUTHERLY LINE OF SAID LOT 20, 684.04 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 16, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 01 DEGREES 30' 51" W. ALONG THE EASTERLY LINE OF SAID LOT16, 1262.19 FEET TO THE SOUTHEAST CORNER OF SAID LOT 16, ALSO BEING THE NORTHEAST CORNER OF LOT 2 OF SAID SECTION 29, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 01 DEGREES 21' 57" W. ALONG THE EASTERLY LINE OF SAID LOT 2, 917.83 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER; THENCE N. 44 DEGREES GO' 00" W. ALONG SAID CENTERLINE 272.02 FEET; THENCE CONTINUING W. 238.00 FEET; THENCE CONTINUING W. 240.00 FEET; THENCE CONTINUING W•. 277.00 FEET; THENCE CONTINUING W. 290.00 FEET; THENCE CONTINUING W. 300.00 FEET; THENCE CONTINUING W. 352.00 FEET; THENCE CONTINUING W. 220.00 FEET; THENCE CONTINUING W. 297.00 FEET; THENCE CONTINUING W. 375.00 FEET; THENCE CONTINUING W. 268.00 FEET; THENCE CONTINUING W. 268.00 FEET; THENCE CONTINUING W. 238.00 FEET; THENCE CONTINUING W. 547.00 FEET; THENCE CONTINUING W. 203.00 FEET; THENCE CONTINUING W. 224.00 FEET; THENCE CONTINUING W. 220.00 FEET; THENCE CONTINUING W. 350.00 FEET; THENCE CONTINUING W. 261.74 FEET TO 15; THENCE N. 01 DEGREES 57' 47" E SAID LOT 15 AND LOT 10, 319.98 OF LOT 13; THENCE N. 89 DEGREES 15' 57" W. ALONG SAID SOUTHERLY LINE 208.00 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER; THENCE N. 27 DEGREES 21' 37" W. ALONG SAID CENTERLINE 958.46 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 13; THENCE N. 00 DEGREES 01' 37" E. ALONG THE WESTERLY LINE OF SAID LOT 13 AND THE WESTERLY LINE OF LOT 9 OF SAID SECTION 20, 1138.64 FEET TO THE WEST QUARTER CORNER OF SECTION 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE N. 00 DEGREES 01''56" E. ALONG THE WESTERLY LINE OF LOT 8 OF SAID SECTION 20, 106.83 FEET TO THE CENTERLINE OF SAID RIVER, THENCE N. 56 DEGREES 36' 15" E. ALONG SAID CENTERLINE 426.72 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 8; THENCE N. 89 DEGREES 58' 18" E. ALONG SAID NORTHERLY LINE EXHIBIT A ALONG SAID CENTERLINE ALONG ALONG ALONG ALONG ALONG ALONG ALONG ALONG ALONG ALONG ALONG ALONG ALONG SAID CENTERLINE SAID CENTERLINE SAID CENTERLINE SAID CENTERLINE SAID CENTERLINE SAID CENTERLINE SAID SAID SAID SAID SAID' SAID SAID ALONG.SAID ALONG SAID ALONG SAID ALONG SAID A POINT ON CENTERLINE CENTERLINE CENTERLINE CENTERLINE CENTERLINE CENTERLINE CENTERLINE CENTERLINE CENTERLINE CENTERLINE BooxO 921 i'nc; 669 N. 57 DEGREES N. 84 DEGREES S. 72 DEGREES S. 56 DEGREES S. S. 39 DEGREES 31 DEGREES S. 50 DEGREES S. 70 DEGREES N. 48 DEGREES N. 24 DEGREES N. 11 DEGREES N. 17 DEGREES N. 48 DEGREES N. 31 DEGREES N. 60 DEGREES N. 65 DEGREES N. 69 DEGREES 00' 00" 00' 00" 00' 00" 00' 00" 00' 00" 00' 00" 00' 00" 00' 00" 00' 00" 00' 00" 00' 00" 00' 00" 00' 00" 00' 00" 00' 00" 30' 00" 00' 00" 00" CENTERLINE N. 59 DEGREES 30' THE WESTERLY LINE OF SAID LOT . ALONG THE WESTERLY LINE OF FEET TO THE SOUTHEAST CORNER eoox0921 P!c; 670 EXHIBIT A 341.44 FEET TO THE NORTHEAST CORNER OF SAID LOT 8, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE N. 00 DEGREES 04' 00" W. ALONG THE WESTERLY LINE OF LOT 4 OF SAID SECTION 20, 407.22 FEET TO THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 20; THENCE CONTINUING ALONG SAID WESTERLY LINE N. 00 DEGREES 04' 00" W. 151.69 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 314 AT PAGE 160 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N. 84 DEGREES 49' 54" E. ALONG SAID SOUTHERLY LINE 35.88 FEET TO A RLBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N. 85 DEGREES 29' 12" E. 47.40 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 85 DEGREES 49' 41" E. 103.69 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 88 DEGREES 22' 30" E. 88.83 FEET (WHENCE A REBAR AND CAP L.S. #14060 BEARS S. 56 DEGREES 35' 03" E. 1.02 FEET); THENCE CONTINUING ALONG SAID SOUTHERLY LINE N. 80 DEGREES 42' 21" E. 29.94 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N. 64 DEGREES 50' 54" E. 99.58 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N. 70 DEGREES 51' 54" E. 37.92 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 84 DEGREES 32' 22" E. 37.12 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 59 DEGREES 18' 15" E. 53.70 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 40 DEGREES 58' 58" E. 62.22 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 28 DEGREES 48' 44" E. 153.29 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 33 DEGREES 50' 49" E. 107.91 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N. 63 DEGREES 05' 54" E. 298.19 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF- WAY OF THE DENVER & RIO -GRANDE WESTERN RAILROAD; THENCE N. 35 DEGREES 09' 16" W, ALONG SAID RIGHT-OF-WAY 583.96 FEET TO A POINT ON THE WESTERLY LINE OF SAID NE1/4NW1/4, (WHENCE A REBAR AND CAP L.S. #14060 BEARS S. 20 DEGREES 19' 49".E. 4.66 FEET); THENCE N. 00 DEGREES 05' 52: E. ALONG SAID WESTERLY LINE 1360.94 FEET TO THE NORTHWEST CORNER OF SAID NE1/4NW1/4, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 87 DEGREES 45' 35" E. ALONG THE NORTHERLY LINE OF SAID NE1/4NW1/4 1325.81 FEET. TO THE TRUE POINT OF BEGINNING. EXHIBIT A PARCEL B BooX0921 nGi 671 • A PARCEL OF LAND BEING ALL THAT PORTION OF LOT 14, SECTION 20, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING NORTHEASTERLY OF THE CENTERLINE OF THE ROARING FORK RIVER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S. 00 DEGREES 01' 46" W. BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN PLACE). BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 14, THE TRUE POINT OF BEGINNING; THENCE S. 01 DEGREES 57' 47" W. ALONG THE EASTERLY LINE OF SAID LOT 14, 319.98 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER; THENCE N. 59 DEGREES 30' 00" W. ALONG SAID CENTERLINE 54.26 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N. 27 DEGREES 00' 00" W. 331.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 14; THENCE LEAVING SAID CENTERLINE S. 89 DEGREES 15' 57" E. ALONG SAID NORTHERLY LINE 208.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM PARCELS A AND B OF THE ANCHUTZ RANCH PARCEL DESCRIBED ABOVE: COLORADO STATE HIGHWAY #82 RIGHT-OF-WAY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NE1/4NW1/4 AND IN LOTS 5, 6, 7, 10, 11, 16, AND 20 OF SECTION 20 AND IN LOT 2 OF SECTION 29, ALL IN .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: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S. 00 DEGREES 01' 46" W. BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN PLACE). BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20; THENCE S. 47 DEGREES 24' 11" E. 1785.35 FEET TO THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF WAY OF COLORADO STATE HIGHWAY #82 AND THE WESTERLY LINE OF SAID NE1/4NW1/4, THE TRUE POINT OF BEGINNING; THENCE N. 00 DEGREES 05' 52" E. 424.97 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID COLORADO STATE HIGHWAY #82; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY S. 35 DEGREES 21' 30" E. 2312.28 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S. 18 DEGREES 39' 30" E. 104.40 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S. 35 DEGREES 21' 30" E. 1600.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; BOOK0921 i'Mci 672 EXHIBIT A THENCE CONTINUING ALONG SAID NORTHERLY RIGHT—OF-WAY S. 52 DEGREES 03' 30" E. 104.40 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT—OF—WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT—OF—WAY S. 35 DEGREES 21' 30" E. 495.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT—OF—WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT—OF—WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5730.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 21' 31", A DISTANCE OF 435.91 FEET (CHORD BEARS S. 37 DEGREES 36' 30" E. 435.80 FEET); THENCE CONTINUING ALONG SAID NORTHERLY RIGHT—OF—WAY S. 39 DEGREES 51' 30" E. 455.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT—OF—WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT—OF—WAY S. 52 DEGREES 59' 30" E. 44.97 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 16; THENCE ALONG SAID EASTERLY LINE S. 01 DEGREES 30' 51" W. 94.50 FEET TO THE SOUTHEAST CORNER OF LOT 16 OF SAID SECTION 20; THENCE ALONG THE EASTERLY LINE OF LOT 2 OF SAID SECTION 29 S. 01 DEGREES 21' 57" W. 462.08 FEET TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY OF SAID STATE HIGHWAY #82; THENCE ALONG SAID SOUTHERLY RIGHT—OF—WAY N. 35 DEGREES 09' 16" W. 3904.20 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT—OF—WAY S. 88 DEGREES 33' 59". E. 62.27 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT—OF—WAY N. 35 DEGREES 09' 16" W. 652.28 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT—OF—WAY S. 00 DEGREES 11' 56" E. 87.27 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE N. 35 DEGREES 09' 16" W. 1191.18 FEET TO THE TRUE POINT OF BEGINNING. AND ALSO EXCEPTING FROM PARCELS A AND B OF THE ANCHUTZ RANCH PARCEL DESCRIBED ABOVE: THOSE LANDS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, AND THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO UNDER RULE AND ORDER RECORDED AUGUST 14, 1969 IN BOOK 404 AT PAGE 67. SIEVERS RANCH PARCEL A PARCEL OF LAND SITUATED IN LOTS 23 AND 25 OF SECTION 12, LOTS 1 AND 3 THROUGH 16 OF SECTION 13 AND LOTS 1 AND 2 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND IN THE SW1/4SE1/4, SE1/4SE1/4 AND LOTS 4, 6, 7, 9 THROUGH 11 AND 14 THROUGH 17 OF SECTION 18 AND THE NE1/4NE1/4 AND LOTS 1, 3 THROUGH 12 AND 15 THROUGH 17 OF SECTION 19 AND LOTS 2, 8 AND 13 OF SECTION 20, 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: Boox0921 i)Nc� 673 EXHIBIT A (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 00 DEGREES 01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINIUM CAPS IN PLACE) COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE, THE TRUE POINT OF BEGINNING; THENCE N 00 DEGREES 11' 14" W ALONG THE NORTH -SOUTH CENTER LINE OF SAID SECTION 12, 458.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY FENCE OF GARFIELD COUNTY ROAD NO. 109, A REBAR AND CAP L.S. #19598 FOUND IN PLACE; THENCE S 13 DEGREES 28'04" E ALONG SAID RIGHT-OF-WAY FENCE 553.88 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 09 DEGREES 05'41" E 565.53 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 17 DEGREES 42'56" E 728.56 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 40 DEGREES 03'42" E 175.51 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 32 DEGREES 40'06" E 463.99 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FENCE AND FOLLOWING AN EXISTING FENCE N 89 DEGREES 53'09" E 882.14 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 81 DEGREES 50'40" E 60.36 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 01 DEGREES 30'12" E 729.75 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 01 DEGREES 43'30" E 1113.97 FEET; THENCE ALONG THE EASTERLY LINE OF LOT 24 OF SAID SECTION 12 N 01 DEGREES 21'44" E 320.88 FEET; THENCE N 47 DEGREES 43'00" E 590.67 FEET TO THE NORTHERLY LINE OF LOT 25 OF SAID SECTION 12; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25 S 89 DEGREES 40'00" E 75.86 FEET TO THE CENTER LINE OF THE ROARING FORK RIVER; THENCE ALONG THE CENTER LINE OF SAID RIVER S 17 DEGREES 43'01" E 163.46 FEET; THENCE CONTINUING ALONG DEGREES 45'18" E 163.28 THENCE CONTINUING ALONG DEGREES 43'05" E 662.76 THENCE CONTINUING ALONG DEGREES 35'57" E 175.65 THENCE CONTINUING ALONG DEGREES 33'31" E 255.65 THENCE CONTINUING ALONG DEGREES 02'41" E 318.15 THENCE CONTINUING ALONG DEGREES 41'45" E 225.15 THENCE CONTINUING ALONG DEGREES 38'18" E 196.47 THENCE CONTINUING ALONG DEGREES 49'03" E 388.20 THENCE CONTINUING ALONG DEGREES 51'22" E 449.02 SAID CENTER FEET; SAID CENTER FEET; SAID CENTER FEET; SAID CENTER FEET; SAID CENTER FEET; SAID CENTER FEET; SAID CENTER FEET; SAID CENTER. FEET; SAID CENTER FEET; LINE LINE LINE LINE LINE LINE LINE LINE LINE OF RIVER OF RIVER OF RIVER OF RIVER OF RIVER OF RIVER OF RIVER OF RIVER OF RIVER S 30 S 51 S 44 S 13 S 34 S 35 S 55 S 63 S 57 R0ox0921674 EXHIBIT A THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 47 DEGREES 11'37" E 122.26 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 12; THENCE LEAVING SAID CENTER LINE OF RIVER N 89 DEGREES 49'40" W 406.44 FEET TO THE NORTHEAST CORNER OF LOT 11 OF SAID SECTION 18; THENCE ALONG THE EASTERLY LINE OF SAID LOTS 11 AND 14 OF SAID SECTION 18 S 00 DEGREES 00'00" E 1336.51 FEET TO THE SOUTHEAST CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 14 S 89 DEGREES 58'06" W 672.53 FEET TO THE SOUTH CENTER ONE -SIXTEENTH CORNER, BEING A BLM ALUMINUM CAP IN PLACE; THENCE ALONG THE EASTERLY BOUNDARY OF LOT 15 OF SAID SECTION 18 S 00 DEGREES 36'33" W 334.72 FEET; THENCE N 89 DEGREES 55'05" E ALONG THE SOUTHERLY LINE OF THE N1/2N1/2SW1/4SE1/4 149.70 FEET TO THE CENTERLINE OF SAID ROARING FORK RIVER; THENCE ALONG SAID CENTER LINE OF RIVER S 25 DEGREES 46'54" W 106.22 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 07 DEGREES 48'26" W 289.87 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 16 DEGREES 19'15" E 186.82 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 60 DEGREES 24'25" E 205.10 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER N 76 DEGREES 51'11" E 164.34 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER N 81 DEGREES 47'36" E 280.37 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER N 78 DEGREES 29'03" E 233.93 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 81 DEGREES 45'25" E 314.48 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 61 DEGREES 08'27" E 374.17 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 46 DEGREES 48'37" E 211.62 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 07 DEGREES 22'34" E 113.14 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 25 DEGREES 51'48" E 225.75 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 08 DEGREES 49'55" E 269.98 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 31. DEGREES 27'28" E 259.89 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 46 DEGREES 16'00" E 573.86 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 59 DEGREES 53'51" E 279.72 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 41 DEGREES 56'37" E 388.06 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 21 DEGREES 26'41" E 286.20 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 08 DEGREES 56'52" E 81.11 FEET TO THE NORTHERLY LINE OF LOT 3 OF 800x0921 )v,;6'75 EXHIBIT A SAID SECTION 20; THENCE LEAVING SAID CENTER LINE OF RIVER AND ALONG THE NORTHERLY LINE OF SAID LOT 3 N 88 DEGREES 33'13" W 385.14 FEET TO THE NORTHWEST CORNER OF LOT 3, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE ALONG THE WESTERLY LINE OF SAID LOT 3 S 00 DEGREES 01'46" W 425.16 FEET TO THE SOUTHWEST CORNER OF LOT 3, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 N 89 DEGREES 58'18" E 356.04 FEET TO THE CENTER LINE OF SAID ROARING FORK RIVER; THENCE ALONG SAID CENTER LINE OF RIVER S 56 DEGREES 36'15" W 426.72 FEET TO A POINT ON THE WESTERLY LINE OF LOT 8; THENCE LEAVING SAID CENTER LINE OF RIVER S 00 DEGREES 01'56" W ALONG THE WESTERLY LINE OF LOT 8, 106.83 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 20, BEING A BLM ALUMINUM CAP FOUND IN PLACE; THENCE ALONG THE EASTERLY LINE OF LOTS 11 AND 16 OF SAID SECTION 19 S 00 DEGREES 01'37" W 1138.64 FEET TO THE CENTER LINE OF SAID ROARING. FORK RIVER; THENCE ALONG SAID CENTER LINE OF RIVER S 27 DEGREES 21'37" E 958.46 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 13; THENCE LEAVING SAID CENTER LINE OF RIVER AND ALONG THE SOUTHERLY LINE OF LOT 13 OF SAID SECTION 20 N 89 DEGREES 15'57" W 440.69 FEET TO THE SOUTHWEST CORNER OF LOT 13; THENCE ALONG THE WESTERLY LINE OF LOT 14 OF SAID SECTION 20 S 00 DEGREES 01'25" W 59.78 FEET; THENCE N 32 DEGREES 31'00" W 1283.00 FEET; THENCE N 47 DEGREES 20'00" W 1561.80 FEET; THENCE N 81 DEGREES 57'00" W 1659.05 FEET TO THE EASTERLY LINE OF LOT 2 OF SAID SECTION 24; THENCE LEAVING SAID EASTERLY LINE N 78 DEGREES 07'04" W 1354.65 FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE ALONG THE WESTERLY LINE OF SAID LOT 2 N 00 DEGREES 27'55" E 811.92 FEET TO THE SOUTHEAST CORNER OF LOT 14; THENCE ALONG THE SOUTHERLY LINE OF LOT 14 OF SAID SECTION 13 S 89 DEGREES 06'27" W 1335.68 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 13, BEING A GARFIELD COUNTY BRASS CAP FOUND IN PLACE; THENCE ALONG THE NORTH -SOUTH CENTER LINE OF SAID SECTION 13 N 00 DEGREES 52'56" E 5332.05 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM THE SIEVERS RANCH PARCEL DESCRIBED ABOVE: THE RIGHT OF WAY FOR GARFIELD COUNTY ROAD NO. 109, BEING 60.00 FEET IN WIDTH AND DESCRIBED ON EXHIBIT "B" OF WARRANTY DEED RECORDED DECEMBER 14, 1992 IN BOOK 849 AT PAGE 635. ALSO EXCEPTING FROM THE SIEVERS RANCH PARCEL DESCRIBED ABOVE: A PARCEL OF LAND SITUATED IN LOTS 1, 2, 5, 6, 7, 11 AND 12 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND IN LOTS 4, 9, 10, 11, 14, 15, 16, 17 AND IN THE SW1/4SE1/4 OF SECTION 18, TOWNSHIP 7 SOUTH RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BOOK0921PAGi 676 EXHIBIT A BEING GENERALLY DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF LOT 1, SECTION 13 (BEING THE NORTHWEST CORNER OF SAID PROPERTY); THENCE ALONG THE EAST BOUNDARY LINE OF SAID PARCEL SOUTHERLY ALONG A LINE WHICH IS 5 FEET WESTERLY OF, AND PARALLEL TO, THE WEST BANK OF THE ROBERTSON DITCH; THENCE CONTINUING ALONG THE EAST BOUNDARY OF SAID PARCEL, SOUTHERLY ALONG A LINE WHICH IS 5 FEET WESTERLY OF, AND PARALLEL TO, THE HIGH WATER LINE OF THE WEST BANK OF THE ROARING FORK RIVER TO THE INTERSECTION OF SAID LINE WITH THE EAST LINE OF LOT 17, OF SAID SECTION 18; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 17 TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID SECTION 18; THENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL, BEING THE SOUTH LINE OF SAID SECTION 18 TO THE INTERSECTION OF SAID LINE WITH THE EASTERLY RIGHT OF WAY LINE OF THE OLD COLORADO MIDLAND RAILROAD RIGHT OF WAY; THENCE NORTHERLY ALONG THE WEST BOUNDARY LINE OF SAID PARCEL, BEING THE EASTERLY RIGHT OF WAY LINE OF THE OLD COLORADO MIDLAND RAILROAD RIGHT OF WAY (NOW ABANDONED) TO THE SOUTHWEST CORNER OF LOT 6 OF SAID SECTION 13 (AS DEFINED BY THE LINE OF AN EXISTING FENCE ALONG THE WEST BOUNDARY OF SAID LOT 6); THENCE CONTINUING ALONG THE WESTERLY BOUNDARY OF SAID PARCEL NORTH ALONG SAID FENCE LINE TO ITS INTERSECTION WITH THE POINT OF BEGINNING; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE; THENCE S. 89 DEGREES 52' 10" E. ALONG THE NORTHERLY LINE OF SAID SECTION 13 1796.57 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, SAID POINT BEING IN AN EXISTING FENCE, THE TRUE POINT OF BEGINNING; THENCE S. 89 DEGREES 52' 09" E. ALONG THE NORTHERLY LINE OF SAID LOT 1 103.76 FEET TO A POINT BEING 5.00 FEET WESTERLY OF THE WESTERLY BANK OF THE ROBERTSON DITCH; THENCE THE FOLLOWING THIRTY-FOUR (34) COURSES ALONG A LINE BEING 5.00 FEET WESTERLY OF AND PARALLEL TO THE WESTERLY BANK OF THE ROBERTSON DITCH: 1. S. 32 DEGREES 39' 14'' E. 126.21 FEET; 2. S. 46 DEGREES 44' 01".E. 101.92 FEET; 3. S. 58 DEGREES 33' 08" E. 103.32 FEET; 4. S. 58 DEGREES 00' 02" E. 64.81 FEET; 5. S. 67 DEGREES 42' 09" E. 113.94 FEET; 6. S. 56 DEGREES 01' 54" E. 86.09 FEET; 7. S. 48 DEGREES 44' 16" E. 94.31 FEET; 8. S. 54 DEGREES 12' 24" E. 91.37 FEET; 9. S. 65 DEGREES 43' 26" E. 93.55 FEET; 10. S. 59 DEGREES 30' 17" E. 68.30 FEET; 11. S. 57 DEGREES 18' 29" E. 62.81 FEET; 12. S. 58 DEGREES 15' 43" E. 56.28 FEET; 13. S. 69 DEGREES 19' 37" E. 71.02 FEET; 14. S. 63 DEGREES 33' 32" E. 80.52 FEET; 15. S. 52 DEGREES 49' 53" E. 56.67 FEET.; BooX0921PACi6 77 EXHIBIT A 16. S. 52 DEGREES 18' 07" E. 96.50 FEET; 17. S. 51 DEGREES 46' 39" E. 131.35 FEET; 18. S. 50 DEGREES 09' 46" E. 64.52 FEET; 19. S. 67DEGREES 05' 38" E. 73.67 FEET; 20. S. 66 DEGREES 35' 27" E. 54.01 FEET; 21. S. 58 DEGREES 42' 41" E. 86.11 FEET; 22. S. 69 DEGREES 18' 14" E. 76.28 FEET; 23. S. 74 DEGREES 03' 06" E. 68.83 FEET; 24. S. 52 DEGREES 21' 15" E. 35.90 FEET; 25. S. 49 DEGREES 04' 22" E. 61.97 FEET; 26. S. 41 DEGREES 07' 16" E. 105.82 FEET; 27. S. 33 DEGREES 43' 47" E. 107.86 FEET; 28. S. 31 DEGREES 39' 54" E. 78.81 FEET; 29. S. 44 DEGREES 00' 03" E. 113.96 FEET; 30. S. 52 DEGREES 24' 20" E. 86.50 FEET; 31. S. 35 DEGREES 41' 35" E. 43.48 FEET; 32. S. 18 DEGREES 54' 25" E. 62.55 FEET; 33. S. 26 DEGREES 48' 20" E. 139.55 FEET; 34. S. 23 DEGREES 50' 33" E. 101.77 FEET TO A POINT ON THE EASTERLY LINE OF LOT 11 OF SECTION.18; THENCE S. 00 DEGREES 00' 00" E. ALONG THE EASTERLY LINE OF SAID LOT 1 AND THE EASTERLY LINE OF LOT 14 OF SECTION 18 622.77 FEET TO A POINT BEING 5.00 FEET WESTERLY OF THE WESTERLY BANK OF THE ROBERTSON DITCH; THENCE THE FOLLOWING FOUR (4) COURSES ALONG A LINE BEING 5.00 FEET WESTERLY OF AND PARALLEL TO THE WESTERLY BANK OF THE ROBERTSON DITCH: 1. S. 52 DEGREES 11' 09" W. 31.96 FEET; 2. S. 55 DEGREES 08' 57" W. 79.59 FEET; 3. S. 59 DEGREES 32' 47" W. 54.32 FEET; 4. S. 36 DEGREES 29' 50" W. 11.85 FEET TO A POINT BEING 5.00 FEET WESTERLY OF THE WESTERLY HIGH WATER. LINE OF THE ROARING FORK RIVER; THENCE ALONG A LINE BEING 5.00 FEET WESTERLY OF AND PARALLEL TO THE WESTERLY HIGH WATER LINE OF THE ROARING FORK RIVER ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1033.63 FEET AND A CENTRAL ANGLE OF 21 DEGREES 35' 27", A DISTANCE OF 389.50 FEET (CHORD BEARS S. 49 DEGREES 22' 26" W. 387.20 FEET) TO A POINT ON THE NORTHERLY LINE OF THE SW1/4SE1/4 OF SAID SECTION 18; THENCE S. 89 DEGREES 58' 06" W. ALONG SAID NORTHERLY LINE 234.22 FEET TO THE NORTHWEST CORNER OF SAID SW1/4SE1/4; THENCE S. 00 DEGREES 36' 33" W. ALONG THE WESTERLY LINE OF SAID SW1/4SE1/4 334.72 FEET TO THE SOUTHWEST CORNER OF THE N1/2N1/2SW1/4SE1/4 OF SAID SECTION 18; THENCE N. 89 DEGREES 55' 05" E. ALONG THE SOUTHERLY LINE OF SAID N1/2N1/2SW1/4SE1/4 59.71 FEET TO A POINT BEING 5.00 FEET WESTERLY OF THE WESTERLY HIGH WATER LINE OF THE ROARING FORK RIVER; THENCE ALONG A LINE BEING 5.00 FEET WESTERLY OF AND PARALLEL TO THE WESTERLY HIGH WATER LINE OF THE ROARING FORK RIVER ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1033.63 FEET AND A CENTRAL ANGLE OF 16 DEGREES 13' 19", A DISTANCE OF 292.65 FEET (CHORD BEARS S. 09 DEGREES 19' aoox0921 nGf 678 EXHIBIT A 50" W. 291.67 FEET); THENCE N. 89 DEGREES 23' 42" W. 15.48 FEET TO A POINT ON THE WESTERLY LINE OF SAID SW1/4SE1/4; THENCE S. 00 DEGREES 36' 33" W. ALONG SAID WESTERLY LINE 716.59 FEET TO THE SOUTH QUARTER CORNER OF SECTION 18; THENCE S. 89 DEGREES 46' 00" W. ALONG THE SOUTHERLY LINE OF SAID SECTION 18 289.11 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY OF THE OLD COLORADO MIDLAND RAILROAD (NOW ABANDONED); THENCE N. 30 DEGREES 32' 18" W. ALONG SAID EASTERLY RIGHT-OF- WAY 1822.07 FEET; THENCE N. 30 DEGREES 27' 02" W. ALONG SAID EASTERLY RIGHT-OF- WAY 783.75 FEET TO A POINT IN AN EXISTING FENCE; THENCE LEAVING SAID RIGHT-OF-WAY ALONG SAID EXISTING FENCE N. 81 DEGREES 50' 40" E. 5.57 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N. 01 DEGREES 30' 12" E. 729.75 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N. 01 DEGREES 43' 30" E. 1113.97 FEET TO THE TRUE POINT OF BEGINNING. MILLER PARCEL A TRACT OF LAND SITUATE IN LOT 25 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE NORTHWEST CORNER OF SAID LOT 25; THENCE N. 89 DEGREES 12'51" E. 425.00 FEET ALONG THE NORTH LINE OF SAID LOT 25; THENCE S. 46 DEGREES 17'16" W. 587.27 FEET TO A POINT ON THE WEST LINE OF SAID LOT 25; THENCE N. 00 DEGREES 04'00" W. 400.00 FEET ALONG SAID WEST LINE OF LOT 25 TO THE POINT OF BEGINNING. ALSO - A TRACT OF LAND SITUATED IN LOT 18 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING SOUTHWESTERLY OF THE CENTER LINE OF THE ROARING FORK RIVER, AND NORTHEASTERLY OF THE SOUTHERLY AND WESTERLY LINES OF SAID LOT 18, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF SAID RIVER, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID LOT 18, WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 12, BEARS S. 25 DEGREES 49'53" E. 811.45 FEET; THENCE S. 89 DEGREES 12'51" W. 500.00 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 18 TO THE SOUTHWEST CORNER OF SAID LOT 18; THENCE N. 00 DEGREES 04'00" W. 1097.29 FEET ALONG THE WESTERLY LINE OF SAID LOT 18 TO A POINT IN THE CENTER OF SAID RIVER; THENCE S. 22 DEGREES 11'50" E. 38.17 FEET ALONG THE CENTER OF eoDx0921 PAGi 679 EXHIBIT A SAID RIVER; THENCE S. 29 DEGREES 11'47" E. 548.58 FEET ALONG THE CENTER OF SAID RIVER; THENCE S. 28 DEGREES 19'57" E. 219.41 FEET ALONG THE CENTER OF SAID RIVER; THENCE S. 16 DEGREES 43'17" E. 400.00 FEET ALONG THE CENTER OF SAID RIVER TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 18, THE POINT OF BEGINNING. EXCEPTING FROM THE MILLER PARCEL DESCRIBED ABOVE: A PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A•POINT ON THE WESTERLY LINE OF SAID LOT 18 WHENCE THE SOUTHWEST CORNER OF SAID LOT 18, BEARS S. 00 DEGREES 04'00" E. 560 FEET AND A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 12 BEARS S. 00 DEGREES 04'00" E. 560 FEET, N. 89 DEGREES 12'51" E. 500.00 FEET AND S. 25 DEGREES 49'53" E. 811.45 FEET; THENCE N. 00 DEGREES 04'00" W. 537.29 FEET ALONG THE WESTERLY LINE OF SAID LOT 18 TO THE CENTER OF THE ROARING FORK RIVER; THENCE S. 22 DEGREES 11'50" E. 38.17 FEET ALONG THE CENTER OF SAID RIVER; THENCE S. 29 DEGREES 11'47" E. 548.58 FEET ALONG THE CENTER OF SAID RIVER; THENCE S. 28 DEGREES 19'57" E. 21.66 FEET ALONG THE CENTER OF SAID RIVER; AND THENCE S. 89 DEGREES 12'51" W. 291.70 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 18, THE POINT OF BEGINNING. ALL IN THE COUNTY OF GARFIELD STATE OF COLORADO =__ BDDK0921 680 EXHIBIT B Attached to and Forming a Part of WARRANTY DEED from Aspen Glen Golf Partners, Grantor, to Aspen Glen Golf Company, Grantee, dated November 7, 1994 This Exhibit B describes and sets forth the easements herein conveyed by Grantor to Grantee by Warranty Deed of which this Exhibit 'B is a part. 1. A permanent, non-exclusive easement for the following purposes: a. Construction, use, maintenance, repair and replacement of a roadway for public access purposes; b. Installation, construction, use, maintenance, repair and replacement of underground utility lines, including, without limitation, lines for storm sewer, sanitary sewer, cable television, telephone, electricity, water, gas and other utilities; and c. Construction, use, maintenance, repair and replacement of ditches, culverts, pipelines, water impoundment structures, water diversion structures, and other facilities necessary to provide drainage from the Aspen Glen PUD in accordance with the approved drainage plan therefor. on, along, over and across the following described premises, to -wit: A parcel of real property located in Lots 1, 6, and 5, Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows, to -wit: Beginning at the northwest corner of said Lot 1, thence S. 89°52'09" E. 103.76 feet along the north line of Lot 1 to a point being on a line five feet westerly of the west bank of the Robertson Ditch; thence following a line five feet westerly of the west bank of the Robertson Ditch S. 32°39'14" E. 126.21 feet; thence S. 46°44'01" E. 57.82 feet; thence leaving said west bank N. 70°02'14" W. 94.06 feet; thence S. 58°26'27" W. 53.98 feet; thence S. 09°32'34" W. 152.33 feet; thence S. 01°02'09" W. 243.11 feet; thence S. 13°27'35" W. 125.20 feet; thence S. 00°01'53" E. 524.04 feet; thence S. 08°13'18" W. 139.78 feet; thence S. 01°30'12" W. 571.82 feet; thence S. 89°53'09" W. 16.27 feet; thence N. 30°27'02" W. 55.23 feet; thence N. 81°50'40" E. 5.57 feet; thence N. 01°30'12" E. 729.75 feet; thence N. O1°43'30" E. 1113.97 feet from to northwest corner of Lot 1, the point of beginning. Said easement contains 2.48 acres, more or less. -1- B00x0921 081 2. A permanent, non-exclusive easement for the purpose of construction, use, maintenance, repair and replacement of ditches, pipelines, culverts, water impoundment structures, water diversion structures, and other facilities necessary to provide drainage from the Aspen Glen PUD in accordance with the approved drainage plan therefor, on, along, over and across the following described premises, to=wit: A parcel of real property located in Lots 6, 7, and 11, Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows, to -wit: Beginning at a point from which the northwest corner of Lot 1, Section 13 bears N. 00°54'53" E. 1891.61 feet distant; thence N. 89°53'09" E. 16.27 feet; thence N. 01°30'12" E. 571.82 feet; thence N. 08°13'18" E. 50.83 feet; thence S. 05°29'00" E. 261.77 feet; thence S. 48°07'35" E. 83.90 feet; thence S. 19°51'20" E. 71.42 feet; thence S. 03°01'29" W. 172.26 feet; thence S. 74°45'08" E. 43.74 feet; thence S. 61°54'21" E. 244.15 feet; thence S. 10°18'36" E. 105.17 feet; thence S. 41°38'53" W. 137.74 feet; thence S. 06°31'23" E. 59.96 feet; thence S. 30°58'36" E. 121.35 feet; thence S. 01°54'36" W. 76.91 feet; thence S. 33°32'36" E. 149.25 feet; thence S. 55°30'18" E. 128.98 feet; thence S. 14°37'41" E. 101.60 feet; thence S. 36°06'44" E. 126.71 feet; thence S. 08°25'52" W. 111.09 feet; thence S. 33°42'12" E. 101.21 feet; thence S. 05°34'30" W. 108.85 feet; thence N. 30°32'18" W. 673.01 feet; thence N. 30°27'02" W. 728.53 feet to the point of beginning. Said easement contains 5.49 acres, more or less. 3. A permanent, non-exclusive conservation and public fishing easement on, along, over and across the following described premises, to -wit: A parcel of real property located in Lots 11, 14, 15 and 17, Section 18, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado. Said easement being ten feet wide and lying northerly and westerly of the following described line: Beginning at a point from which the Northeast Corner of Lot 11, Section 18 bears N. 46°43'44" E. 158.60 feet distant; thence S. 82°17'27" W. 5.90 feet; thence S. 10°34'42" W. 19.99 feet; thence N. 54°25'52" W. 26.25 feet; thence S. 60°03'28" W. 2.79 feet; thence S. 19°24'09" E. 15.95 feet; thence S. 77°23'42" W. 16.12 feet; thence S. 32°33'49" E. 295.78 feet to a point on the east line of Lots 11 and 18, Section 18; thence along said east line S. 00°00'00" E. 605.65 feet to a point on the westerly bank of the Robertson Ditch; thence following said westerly bank the following four (4) courses: 800K0921PAGi682 1. S. 52°11'09" W. 28.21 feet; 2. S. 55°08'57" W. 79.91 feet; 3. S. 59°32'47" W. 53.49 feet; 4. S. 36°29'50" W. 11.88 feet to a point on the westerly high water line of the Roaring Fork River; thence along said westerly high water line 384.73 feet on the arc of a curve to the left having a radius of 1028.63 feet, a central angle of 21°25'47", the chord of which bears S. 49°30'46" W. 382.49 feet to a point on the south line of Lot 14, Section 18; thence along said south line S. 89°58'06" W. 240.62 feet to a BLM aluminum cap set of the Center South 1/16th corner of Section 18; thence S. 00°36'33" W. 186.30 feet along the east line of Lot 15, Section 18; thence leaving said east line S. 17°16'08" W. 156.21 feet; thence S. 04°52'37" W. 199.77 feet; thence S. 00°02'34" E. 248.25 feet; thence S. 10°47'54" E. 141.02 feet; thence S. 27°18'00" E. 61.76 feet to a point on the east line of Lot 17, Section 18, the point of terminus from which the southeast corner of said Lot 17 bears S. 00°36'33" W. 362.67 feet distant. The aforesaid conservation and public fishing easement shall be subject to the following terms and conditions: i. Public fishing upon the subject property shall be limited to pedestrian traffic during established fishing seasons. ii. No trash, litter, ashes, garbage, junk or other similar material shall be dumped, abandoned, or otherwise deposited on the subject property; and iii. No camping or camp fires shall be permitted on the subject property. 4. A permanent, non-exclusive easement for the purposes of construction, use, maintenance, repair and replacement of earth berms, depressions, and other landscape features, including the planting, care and replacement of vegetation within and upon such landscape features, on, along, over and across the following described premises, to -wit: A parcel of real property located in Lots 15, 16, and 17, Section 18, and in Lot 11, Section 13, T. 7 S., R. 88 W. of the 6th P.M., Garfield County, Colorado. Said easement being so wide as is necessary and reasonable to construct the landscape features allowed hereunder, but in no event more than 120 feet wide and lying northerly and easterly of the following described line: Beginning at a point from which the northwest corner of Lot 1, Section 13 bears N. 00°54'53" E. 1891.61 feet distant; thence S. 30°27'02" E. 783.75 feet; thence S. 30°32'18" E. a distance of 1,822.07 feet to a point on the southerly line of said Section 18; provided, however, -3- 800X0921 FIAGi 683 that upon completion of the construction of the landscape features allowed hereunder, Grantee shall provide Grantor, or its assigns, with an as -built survey of such landscape features and the parties shall execute and deliver such documents as are necessary to limit the landscape easement granted hereby to that real property actually occupied by the completed landscape features. Grantor and Grantee specifically acknowledge that the easements granted hereby are appurtenant to the real property described on Exhibit A which is attached to the within Deed (hereinafter Property). Grantor and Grantee further acknowledge that Grantee intends to develop the Aspen Glen Planned Unit Development on the Property and that the easements herein granted shall be utilized for all purposes necessary and appropriate to achieve the development of the Aspen Glen Planned Unit Development. The above acknowledgment shall not restrict the use of the easements granted hereby, it being the intent of the Grantor to grant easements which are unlimited in scope, subject to the uses set forth herein. Grantee shall be entitled to assign the aforesaid easements subject to the terms and conditions of said easements as set forth herein. The aforesaid easements shall be subject to the rights of the Lessee, if any, in and to the premises, as set forth in the existing leases referred to in Assignment of Leases recorded December 14, 1992, in .Book 849 at Page 713 of the records of Garfield County, Colorado. • The covenants, stipulations and conditions of the foregoing easements shall extend to and be binding upon the parties hereto, their heirs, administrators, executors, successors and assigns. The aforesaid easements shall run with and be binding upon the easements themselves and shall run with and benefit the Property. RECDROEO 3. S/2 .1.) -CLOCK P.M. 4 C 47O NOV 08 I904 MILDRcC ALSDORF, DARFI LO COUNT � L'=RK WARRANTY DEED BOOk0921;',G; 661 NOV 08 1994 GARFIELD State Doc. Fee $ /50.00 THIS DEED made this 7th' day of November, 1994, between ASPEN GLEN GOLF PARTNERS, a California Limited Partnership, doing business in the State of Colorado as ASPEN GLEN GOLF PARTNERS, LTD., Grantor, and ASPEN GLEN GOLF COMPANY, a Colorado Limited Partnership, Grantee, whose legal address is c/o The Melrose Company, P.O. Box 21307, Hilton Head Island, SC 29926. WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to the said Grantor in hand paid by the said Grantee, the receipt and sufficiency of which is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the following described real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: All of the real property described on Exhibit "A", attached hereto, and by reference made a part hereof, together with all mineral rights apurtenant thereto not previously reserved or conveyed, and together with the easements as set forth on Exhibit "B", attached hereto, and by reference made a part hereof. also known by street and number as: (1) 9929 Highway 82, Carbondale, Colorado; (2) 3794 County Road 109, Carbondale, Colorado; and (3) 2550 County Road 109, Carbondale, Colorado TOGETHER with all and singular the hereditaments and appurtenants thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenants. TO HAVE AND TO HOLD the said premises abor e bargained and described, with the appurtenants, unto the said Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances of whatever kind or nature soever, EXCEPT taxes for the year 1994, due and payable in 1995, AND EXCEPT THE FOLLOWING: LItalaTreca Gw 311S— LAND TITLE GUARANTEE COMPANY 817 COLORADO AVENUE, SUITE 102 GLENW00D SPRINGS, CO 81601 1. BOOX0921PAGi662 THE EITECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER SPECIAL DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 2. RIGHT OF A PROPRIETOR OF A VEIN OR LODE TO EXTRACT OR REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE P REM ISES HEREBY GRANTED, AS RESERVED IN THE FOLLOWING UNITED STATES PATENTS: PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED MARCH 12, 1892 IN BOOK 12 AT PAGE 119. APRIL 11, 1892 IN BOOK 12 AT PAGE 133. • APRIL 16, 1892 IN BOOK 12 AT PAGE 135. NOVEMBER 12, 1892 IN BOOK 12 AT PAGE 192. OCTOBER 24, 1893 IN BOOK 12 AT PAGE 249. NOVEMBER 1, 1893 IN BOOK 12 AT PAGE 250. NOVEMBER 18, 1893 IN BOOK 12 AT PAGE 255. JULY 25, 1894 IN BOOK 12 AT PAGE 329. JULY 25. 1894 IN BOOK 12 AT PAGE 332. JANUARY 19, 1895 IN BOOK 12 AT PAGE 351. MAY 24, 1897 IN BOOK 12 AT PAGE 461. JULY 25, 1910 IN BOOK 71 AT PAGE 426. JUNE 24, 1893 IN BOOK 12 AT PAGE 235. 3. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN THE FOLLOWING UNITED STATES PATENTS: PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED PATENT RECORDED OCTOBER 24. 1893 IN BOOK 12 AT PAGE 249. NOVEMBER 1, 1893 IN BOOK 12 AT PAGE 250. NOVEMBER 18, 1893 IN BOOK 12 AT PAGE 255. JULY 25, 1894 IN BOOK 12 AT PAGE 329. JULY 25. 1894 IN BOOK 12 AT PAGE 332. JANUARY 19, 1895 IN BOOK 12 AT PAGE 351. MAY 24, 1897 IN BOOK 12 AT PAGE 461. JULY 25. 1910 IN BOOK 71 AT PAGE 426. JULY 28, 1952 IN BOOK 265 AT PAGE 161. MAY 4. 1956 IN BOOK 292 AT PAGE 508. MARCH 11, 1957 IN BOOK 298 AT PAGE 150. JUNE 24, 1893 IN BOOK 12 AT PAGE 236. 4. EXCEPTING AND RESERVING. ALSO, TO THE UNITED STATES, PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST 1, 1946 (60 STAT., 755) ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DE i ERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, TOGETHER WITH THE RIGHT OF THE UNITED STATE THROUGH ITS AUTHORIZED AGENTS OR REPRESENTATIVES AT ANY TIME TO ENTER UPON THE LAND AND PROSPECT -FOR, MINE AND REMOVE THE SAME. RESERVING TO THE UNITED STATES, ITS' PERM11'1 EE OR LICENSEE, THE RIGHT TO ENTER UPON, OCCUPY AND USE, ANY PART OR ALL OF LOT 20 OF SAID SECTION 20, FOR THE PURPOSES PROVIDED IN THE ACT OF JUNE 10. 1920 (41 STAT., 1063) AND SUBJECT TO THE CONDITIONS AND LIMITATIONS OF SECTION 24 OF SAID ACT AS AMENDED BY THE ACT OF AUGUST 26, 1935 (49 STAT 846), ALL AS RESERVED IN THE UNITED STATES PATENT RECORDED JULY 28, 1952 IN BOOK 265 AT PAGE 161. -2- BOOKO921 P4c[ 663 5. PRIOR RESERVATIONS AND CONVEYANCES OF MINERALS, MINERAL RIGHTS, OIL, GAS AND OTHER HYDROCARBONS, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN, AS CONTAINED AND DESCRIBED IN THE FOLLOWING INSTRUMENTS: A. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATURE AS RESERVED BY LEON'S P. CHUC IN WARRANTY DEED RECORDED DECEMBER 26, 1958 IN BOOK 314 AT PAGE 160. B. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATURE AS RESERVED BY CAESAR J. CHUC IN WARRANTY DEED RECORDED SEPTEMBER 26, 1961 IN BOOK 336 AT PAGE 570. C. RESERVATION OF A SEVEN PERCENT ROYALTY FROM AND OUT OF ALL OF THE OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM SAID LANDS AS RESERVED BY LILLIAN I. CORYELL, PERRY C. CORYELL AND PERRY L. CORYELL IN WARRANTY DEED RECORDED JANUARY 5, 1965 IN BOOK 363 AT PAGE 33. D. ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY WILLIAM WALTER GENTRY AND WILLIAM GENTRY IN DEED RECORDED MAY 8, 1950 IN BOOK 250 AT PAGE 271. E. AN UNDIVIDED 1/50 INTEREST OF ALL OIL AND GAS AS RESERVED BY ELLA J. CHASE IN DEED RECORDED JUNE 12, 1951 IN BOOK 258 AT PAGE 594. F. AN UNDIVIDED ONE-HALF INTEREST OF ALL MINERALS AS RESERVED BY T.M. SANDERS IN DEED RECORDED OCTOBER 13, 1964 IN BOOK 361 AT PAGE 275. G. AN UNDIVIDED.6 1/4 PERCENT ROYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AS CONVEYED TO T.M. SANDERS BY DEED RECORDED DECEMBER 17, 1964 IN BOOK 362 AT PAGE 445. 6. TERMS AND CONDITIONS AS CONTAINED IN THE RIGHT OF WAY FROM THE DENVER AND RIO GRANDE WESTERN RAILROAD RECORDED AUGUST 19, 1982 IN BOOK 606 AT PAGE 706. 7. RIGHTS OF WAY AND EASEMENTS FOR ROADS, STREETS, HIGHWAYS, RAILROADS, DITCHES. CANALS, PIPELINES AND UTILITY LINES AS CONTAINED IN AND AS DESCRIBED IN THE FOLLOWING INSTRUMENTS: A. THE CRANE AND PEEBLES DITCH AS DESCRIBED IN STATEMENT RECORDED MAY 2, 1889 IN BOOK 9 AT PAGE 483. B. THE PEEBLES WASTE WATER DITCH AS DESCRIBED IN MAP AND STATEMENT RECORDED JANUARY 17, 1896 AS RECEPTION NO. 19005. C. RIGHT OF WAY 25.00 FEET IN WIDTH, BEING 1230 FEET IN WIDTH ON EACH SIDE OF THE CENTER LINE OF THE GLENWOOD SPRINGS DITCH AS CONVEYED TO THE GLENWOOD IRRIGATION COMPANY IN INSTRUMENT RECORDED JUNE 17, 1901 IN BOOK 44 AT PAGE 457. D. PERMANENT EASEMENTS AS GRANTED TO THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, IN INSTRUMENT RECORDED OCTOBER 2, 1968 IN BOOK 397 AT PAGE 104 AND RECORDED MAY 19, 1969 IN BOOK 402 AT PAGE 54. —3— BOOKO921 'Acs 664 E. RIGHT OF WAY FOR THE CONTINUOUS, UNINTERRUPTED FLOW OF THE ROARING FORK RIVER. AS SAME TRAVERSES AND BORDERS SUBJECT PROPERTY. F. RIGHT OF WAY FOR TRANSMISSION LINE AS GRANTED TO J.F. SMITH IN INSTRUMENT RECORDED JANUARY 28, 1927 IN BOOK 155 AT PAGE 331. G. EASEMENTS AND RIGHTS OF WAY FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF TELEPHONE AND TELEGRAPH LINES AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. IN INSTRUMENTS RECORDED FEBRUARY 2, 1936 IN BOOK 183 AT PAGE 254 AND RECORDED SEPTEMBER 1, 1972 IN BOOK 435 AT PAGE 10. H. EASEMENT AND RIGHT OF WAY FOR THE DENVER AND RIO GRANDE WESTERN RAILROAD AS CONSTRUCTED AND IN PLACE. I. RIGHT OF WAY AND EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION IN INSTRUMENT RECORDED JANUARY 30, 1981 IN BOOK 564 AT PAGE 650. J. COUNTY ROAD VIEWERS REPORTS FILED APRIL 24, 1889 IN ROAD RECORDS BOOK 1 AT PAGE 105 AND FILED APRIL 7, 1890 IN ROAD RECORDS BOOK 1 AT PAGE 119. K. RIGHT OF WAY AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS IN INSTRUMENT RECORDED OCTOBER 19, 1961 IN BOOK 337 AT PAGE 246. L. TERMS AND CONDITIONS OF LICENSE AGREEMENT BETWEEN MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY AND ROCKY MOUNTAIN NATURAL GAS COMPANY RECORDED JULY 5, 1971 IN BOOK 432 AT PAGE 536. M. EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND UTILITY LINE ALONG PRESENT ROADWAY AS GRANTED TO DAVID T. WHIDDON IN INSTRUMENT RECORDED SEPTEMBER 30, 1977 IN BOOK 501 AT PAGE 263. N. EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY LINE PURPOSES AS GRANTED TO NEIL S. MINCER IN INSTRUMENT RECORDED FEBRUARY 2, 1970 IN BOOK 407 AT PAGE 403. 8. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN AGREEMENT BETWEEN ASPEN GLEN GOLF PARTNERS AND ROSS JEI~FERY RECORDED JULY 5, 1994 IN BOOK 907 AT PAGE 801. 9. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY. COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS, SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305. B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 2, 1994 IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94-089 RECORDED AUGUST 9, 1994 IN BOOK 911 AT PAGE 791. —4— B00k0921 P',Gr 665 10. TERMS, CONDITIONS. PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED SEPTEMBER 16. 1993 IN BOOK 875 AT PAGE 854, RECORDED DECEMBER 28, 1993 IN BOOK 886 AT PAGE 833, RECORDED APRIL 2, 1992 IN BOOK 827 AT PAGE 636. AND RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 364. 11. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN AGREEMENTS BY AND BETWEEN UNION OIL COMPANY OF CALIFORNIA, ASPEN. GLEN GOLF PARTNERS, LTD., AND THE ASPEN GLEN WATER AND SANITATION DISTRICT RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 970 AND RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 973. 12. ANY QUESTION. DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS ARESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED. BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 13. A DEED OF TRUST DATED AUGUST 7,1991 FROM THE ANSCHUTZ INVESTMENT COMPANY, A COLORADO GENERAL PARTNERSHIP TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF FIRST CITY, TEXAS -HOUSTON, N.A. TO SECURE THE SUM OF S19,000,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED AUGUST 15, 1991 IN BOOK 811 AT PAGE 459, AND AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT AND FDCTURES FINANCING STATEMENT RECORDED APRIL 2, 1992 IN BOOK 827 AT PAGE 556, AND RE-RECORDED APRIL 20, 1992 IN BOOK 829 AT PAGE 343. ASSUMPTION AGREEMENT RECORDED IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED APRIL 2, 1992 IN BOOK 827 AT PAGE 618. EXTENSION AGREEMENT RECORDED IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED AUGUST 24, 1992 IN BOOK 840 AT PAGE 88. MODIFICATION AND EXTENSION AGREEMENT RECORDED IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED SEPTEMBER 3, 1992 IN BOOK 840 AT PAGE 904. AMENDMENT TO MODIFICATION AND EXTENSION AGREEMENT RECORDED IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED FEBRUARY 4, 1993 IN BOOK 854 AT PAGE 81.AMENDMENT TO MODIFICATION AND EXTENSION AGREEMENT RECORDED IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED NOVEMBER 16,1993 IN BOOK 882 AT PAGE 153. 14. DEED OF TRUST DATED SEPTEMBER 8, 1994 FROM ASPEN GLEN GOLF PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, DOING BUSINESS IN THE STATE OF COLORADO AS ASPEN GLEN GOLF PARTNERS, LTD. TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ASPEN GLEN FUNDING I, LLC, A COLORADO LIMITED LIABILITY COMPANY TO SECURE THE SUM OF 52,550,000.00 AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED SEPTEMBER 22, 1994 IN BOOK 916 AT PAGE 577, 15. FINANCING STATEMENT WITH ASPEN GLEN FUNDING I. A COLORADO LIMITED LIABILITY COMPANY, THE SECURED PARTY, RECORDED SEPTEMBER 22, 1994 IN BOOK 916 AT PAGE 616. -5- 800X0921 PAGi 66:6 16. DEED OF TRUST DATED SEPTEMBER 09, 1994, FROM ASPEN GLEN GOLF PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP DOING BUSINESS IN THE STATE OF COLORADO AS ASPEN GLEN GOLF PARTNERS LTD. TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ETHEL A. HEUSCHKEL TO SECURE THE SUM OF 5300,000.00 RECORDED SEPTEMBER 28, 1994 IN BOOK 917 AT PAGE 256 UNDER RECEPTION NO. 469011. 17. DEED OF TRUST DATED AUGUST 09, '1993,• FROM ASPEN GLEN GOLF PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP DOING BUSINESS IN THE STATE OF COLORADO AS ASPEN GLEN GOLF PARTNERS LTD. TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF INTEGRATED PROPERTY SERVICES, INC. TO SECURE THE SUM OF S650,000.00 RECORDED AUGUST 11, 1993, IN BOOK 872 AT PAGE 80 UNDER RECEPTION NO. 451133. The Grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the Grantee, its heirs and assigns, against all and every person or of persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. ASPEN GLEN GOLF PARTNERS, a California Limited Partnership doing business in the State of Colorado as ASPEN GLEN GOLF PARTNERS, LTD. By THE ASPEN GLEN COMPANY, a Calorad' Corporation Its Gene Partner %] By John R. Elkins, CEO STATE OF COLORADO ) ss. COUNTY OF BOO 800XO921 G 667.. The foregoing instrument was acknowledged before me this 7th day of November, 1994, by JOHN R. ELKINS, CEO of The Aspen Glen Company, General Partner of Aspen Glen Golf Partners, a California Limited Partnership. Wr NESS my hand and official seal. My Cgmmission expires Mar ; 1 My commission expires: 555 13t- /42? rA- cz, 1 (g NOT i' Y� UBLIC aooX0921 Pf",c; 668 EXHIBIT A Attached to and Forming a Part of WARRANTY DEED from Aspen Glen Golf Partners, Grantor, to Aspen Glen Golf Company, Grantee, dated November 7, 1994 THREE PARCELS OF LAND HEREIN CALLED THE ANCHUTZ RANCH PARCEL, SIEVERS RANCH PARCEL, AND THE MILLER PARCEL, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ANCHUTZ RANCH PARCEL PARCEL A A PARCEL OF LAND SITUATED IN THE NE 1/4 NW 1/4 AND IN LOTS 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 19, AND 20 OF SECTION 20 AND IN LOTS 2, 3, 4, 8 AND 9 OF SECTION 29, ALL IN 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: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S. 00 DEGREES 01' 46" W. BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAP IN PLACE); BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 20, A BLM ALUMINUM CAP FOUND IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S. 00 DEGREES 12' 30" E. ALONG THE EASTERLY. LINE OF SAID NE1/4NW1/4 1378.55 FEET TO THE SOUTHEAST CORNER OF SAID NE1/4NW1/4, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 89 DEGREES 38' 40" E. ALONG THE NORTHERLY LINE OF SAID LOT 19, 1305.39 FEET TO THE NORTHEAST CORNER OF SAID LOT 19, BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 00 DEGREES 05' 56" E. ALONG THE EASTERLY LINE OF SAID LOT 19, 1289.48 FEET TO THE SOUTHEAST CORNER OF SAID LOT 19, ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID LOT 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 88 DEGREES 36' 52" E. ALONG SAID NORTHERLY LINE 1304.01 FEET TO THE EAST QUARTER CORNER OF SECTION 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 01 DEGREES 23' 50" E. ALONG THE EASTERLY LINE OF SAID LOT 20, 1320.18 FEET TO THE SOUTHEAST CORNER OF SAID LOT 20, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE N. 89 DEGREES 35' 53" W. ALONG THE SOUTHERLY LINE OF SAID LOT 20, 684.04 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 16, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 01 DEGREES 30' 51" W. ALONG THE EASTERLY LINE OF SAID LOT16, 1262.19 FEET TO THE SOUTHEAST CORNER OF SAID LOT 16, ALSO BEING THE NORTHEAST CORNER OF LOT 2 OF SAID SECTION 29, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 01 DEGREES 21' 57" W. ALONG THE EASTERLY LINE OF SAID LOT 2, 917.83 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER; THENCE N. 44 DEGREES GO' 00" W. ALONG SAID CENTERLINE 272.02 FEET; THENCE CONTINUING W. 238.00 FEET; THENCE CONTINUING W. 240.00 FEET; THENCE CONTINUING W. 277.00 FEET; THENCE CONTINUING W. 290.00 FEET; THENCE CONTINUING W. 300.00 FEET; THENCE CONTINUING W. 352.00 FEET; THENCE CONTINUING W. 220.00 FEET; THENCE CONTINUING W..297.00 FEET; THENCE CONTINUING W. 375.00 FEET; THENCE CONTINUING W. 268.00 FEET; THENCE CONTINUING W. 268.00 FEET; THENCE CONTINUING W. 238.00 FEET; THENCE CONTINUING W. 547.00 FEET; THENCE CONTINUING W. 203.00 FEET; THENCE CONTINUING W. 224.00 FEET; THENCE CONTINUING W. 220.00 FEET; THENCE CONTINUING W. 350.00 FEET; THENCE CONTINUING W. 261.74 FEET TO 15; THENCE N. 01 DEGREES 57' 47" E SAID LOT 15 AND LOT 10, 319.98 OF LOT 13; THENCE N. 89 DEGREES 15' 57" W. ALONG 208.00 FEET TO A POINT IN THE CENTERLINE RIVER; THENCE N. 27 DEGREES 21' 37" W. ALONG SAID CENTERLINE FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 13; THENCE N. 00 DEGREES 01' 37" E. ALONG THE WESTERLY LINE OF SAID LOT 13 AND THE WESTERLY LINE OF LOT 9 OF SAID SECTION 20, 1138.64 FEET TO THE WEST QUARTER CORNER OF SECTION 20, BLM ALUMINUM CAP FOUND IN PLACE; THENCE N. 00 DEGREES 01''56" E. ALONG THE WESTERLY LINE OF LOT 8 OF SAID SECTION 20, 106.83 FEET TO THE CENTERLINE OF SAID RIVER, THENCE N. 56 DEGREES 36' 15" E. ALONG SAID CENTERLINE 426.72 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 8; THENCE N. 89 DEGREES 58' 18" E. ALONG SAID NORTHERLY LINE EXHIBIT A ALONG SAID CENTERLINE N. ALONG SAID CENTERLINE N. ALONG SAID CENTERLINE S. ALONG SAID CENTERLINE S. ALONG SAID CENTERLINE S. ALONG SAID CENTERLINE S. ALONG SAID CENTERLINE S. B00KO921 PAC; 669 57 DEGREES 00' 00" 84 DEGREES 00' 00" 72 DEGREES 00' 00" 56 DEGREES 00' 00" 39 DEGREES 00' 00" 31 DEGREES 00' 00" 50 DEGREES 00' 00" ALONG SAID CENTERLINE S. 70 DEGREES 00' 00" ALONG SAID CENTERLINE N. 48 DEGREES 00' 00" ALONG SAID CENTERLINE N. 24 DEGREES 00' 00" ALONG SAID CENTERLINE N. 11 DEGREES 00' 00" ALONG SAID CENTERLINE N. 17 DEGREES 00' 00" ALONG SAID CENTERLINE N. 48 DEGREES 00' 00" ALONG SAID ALONG.SAID ALONG SAID ALONG SAID CENTERLINE CENTERLINE CENTERLINE CENTERLINE N. N. N. N. 31 60 65 69 DEGREES DEGREES DEGREES DEGREES 00' 00' 30' 00' 00" 00" 00" 00" ALONG SAID CENTERLINE N. 59 DEGREES 30' 00" A POINT ON THE WESTERLY LINE OF SAID LOT . ALONG THE WESTERLY LINE OF FEET TO THE SOUTHEAST CORNER SAID SOUTHERLY LINE OF THE ROARING FORK 958.46 A BOOKO921 f)* 6 70 EXHIBIT A 341.44 FEET TO THE NORTHEAST CORNER OF SAID LOT 8, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE N. 00 DEGREES 04' 00" W. ALONG THE WESTERLY LINE OF LOT 4 OF SAID SECTION 20, 407.22 FEET TO THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 20; THENCE CONTINUING ALONG SAID WESTERLY LINE N. 00 DEGREES 04' 00" W. 151.69 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 314 AT PAGE 160 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N. 84 DEGREES 49' 54" E. ALONG SAID SOUTHERLY LINE 35.88 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N. 85 DEGREES 29' 12" E. 47.40 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 85 DEGREES 49' 41" E. 103.69 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S. 88 DEGREES 22' 30" E. 88.83 FEET (WHENCE A REBAR AND CAP L.S. #14060 BEARS S. 56 DEGREES 35' THENCE CONTINUING 21" E. 29.94 FEET PLACE; THENCE CONTINUING 54" E. 99.58 FEET PLACE; THENCE 54" E. PLACE; THENCE 22" E. PLACE; THENCE 15" E. PLACE; THENCE 58" E. PLACE; THENCE 44" E. PLACE; THENCE 49" E. PLACE; THENCE 54" E. 03" E. 1.02 FEET); ALONG SAID SOUTHERLY TO A REBAR AND CAP L. ALONG SAID SOUTHERLY TO A REBAR AND CAP L. LINEN. 80 DEGREES 42' S. #14060 FOUND IN LINE N. 64 DEGREES 50' S. #14060 FOUND IN CONTINUING ALONG SAID SOUTHERLY LINE N. 70 DEGREES 51' 37.92 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN CONTINUING ALONG SAID SOUTHERLY LINE S. 84 DEGREES 32' 37.12 FEET TO A REBAR AND CAP L.S. #14060 FOUND IN CONTINUING ALONG SAID SOUTHERLY 53.70 FEET TO A REBAR AND CAP L. CONTINUING ALONG SAID SOUTHERLY 62.22 FEET TO A REBAR AND CAP L. LINE S. 59 DEGREES 18' S. #14060 FOUND IN LINE S. 40 DEGREES 58' S. #14060 FOUND IN CONTINUING ALONG SAID SOUTHERLY LINE S. 28 153.29 FEET TO A REBAR AND CAP L.S. #14060 CONTINUING ALONG SAID SOUTHERLY LINE S. 33 107.91 FEET TO A REBAR AND CAP L.S. #14060 DEGREES 48' FOUND IN DEGREES 50' FOUND IN CONTINUING ALONG SAID SOUTHERLY LINE N. 63 DEGREES 05' 298.19 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF- WAY OF THE DENVER & RIO -GRANDE WESTERN RAILROAD; THENCE N. 35 DEGREES 09' 16" W, ALONG SAID RIGHT-OF-WAY 583.96 FEET TO A POINT ON THE WESTERLY LINE OF SAID NE1/4NW1/4, (WHENCE A REBAR AND CAP L.S. #14060 BEARS S. 20 DEGREES 19' 49".E. 4.66 FEET); THENCE N. 00 DEGREES 05' 52: E. ALONG SAID WESTERLY LINE 1360.94 FEET TO THE NORTHWEST CORNER OF SAID NE1/4NW1/4, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE S. 87 DEGREES 45' 35" E. ALONG THE NORTHERLY LINE OF SAID NE1/4NW1/4 1325.81 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT A PARCEL B B00X0921 rAGi 671 A PARCEL OF LAND BEING ALL THAT PORTION OF LOT 14, SECTION 20, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING NORTHEASTERLY OF THE CENTERLINE OF THE ROARING FORK RIVER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S. 00 DEGREES 01' 46" W. BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN PLACE). BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 14, THE TRUE POINT OF BEGINNING; THENCE S. 01 DEGREES 57' 47" W. ALONG THE EASTERLY LINE OF SAID LOT 14, 319.98 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER; THENCE N. 59 DEGREES 30' 00" W. ALONG SAID CENTERLINE 54.26 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N. 27 DEGREES 00' 00" W. 331.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 14; THENCE LEAVING SAID CENTERLINE S. 89 DEGREES 15' 57" E. ALONG SAID NORTHERLY LINE 208.00 FEET TO THE TRUE POINT OF BEGINNING. ' EXCEPTING FROM PARCELS A AND B OF THE ANCHUTZ RANCH PARCEL DESCRIBED ABOVE: COLORADO STATE HIGHWAY #82 RIGHT-OF-WAY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NE1/4NW1/4 AND IN LOTS 5, 6, 7, 10, 11, 16, AND 20 OF SECTION 20 AND IN LOT 2 OF SECTION 29, ALL IN .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: (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S. 00 DEGREES 01' 46" W. BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINUM CAPS IN PLACE). BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20; THENCE S. 47 DEGREES 24' 11" E. 1785.35 FEET TO THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF WAY OF COLORADO STATE HIGHWAY #82 AND THE WESTERLY LINE OF SAID NE1/4NW1/4, THE TRUE POINT OF BEGINNING; THENCE N. 00 DEGREES 05' 52" E. 424.97 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID COLORADO STATE HIGHWAY #82; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY S. 35 DEGREES 21' 30" E. 2312.28 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S. 18 DEGREES 39' 30" E. 104.40 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S. 35 DEGREES 21' 30" E. 1600.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; BOOK° 921 672 EXHIBIT A THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S. 52 DEGREES 03' 30" E. 104.40 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S. 35 DEGREES 21' 30" E. 495.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5730.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 21' 31", A DISTANCE OF 435.91 FEET (CHORD BEARS S. 37 DEGREES 36' 30" E. 435.80 FEET) ; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S. 39 DEGREES 51' 30" E. 455.00 FEET TO A COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY MONUMENT FOUND IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY S. 52 DEGREES 59' 30" E. 44.97 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 16; THENCE ALONG SAID EASTERLY LINE S. 01 DEGREES 30' 51" W. 94.50 FEET TO THE SOUTHEAST CORNER OF LOT 16 OF SAID SECTION 20; THENCE ALONG THE EASTERLY LINE OF LOT 2 OF SAID SECTION 29 S. 01 DEGREES 21' 57" W. 462.08 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID STATE HIGHWAY #82; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY N. 35 DEGREES 09' 16" W. 3904.20 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY S. 88 DEGREES 33' 59" E. 62.27 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY N. 35 DEGREES 09' 16" W. 652.28 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY S. 00 DEGREES 11' 56" E. 87.27 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N. 35 DEGREES 09' 16" W. 1191.18 FEET TO THE TRUE POINT OF BEGINNING. AND ALSO EXCEPTING FROM PARCELS A AND B OF THE ANCHUTZ RANCH PARCEL DESCRIBED ABOVE: THOSE LANDS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, AND THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO UNDER RULE AND ORDER RECORDED AUGUST 14, 1969 IN BOOK 404 AT PAGE 67. SIEVERS RANCH PARCEL A PARCEL OF LAND SITUATED IN LOTS 23 AND 25 OF SECTION 12, LOTS 1 AND 3 THROUGH 16 OF SECTION 13 AND LOTS 1 AND 2 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND IN THE SW1/4SE1/4, SE1/4SE1/4 AND LOTS 4, 6, 7, 9 THROUGH 11 AND 14 THROUGH 17 OF SECTION 18 AND THE NE1/4NE1/4 AND LOTS 1, 3 THROUGH 12 AND 15 THROUGH 17 OF SECTION 19 AND LOTS 2, 8 AND 13 OF SECTION 20, 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: BOoK0921 gGi 673 EXHIBIT A (ALL BEARINGS CONTAINED HEREIN ARE BASED ON A BEARING OF S 00 DEGREES 01'46" W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 20 AND THE WEST QUARTER CORNER OF SAID SECTION 20, 1986 BLM ALUMINIUM CAPS IN PLACE) COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE, THE TRUE POINT OF BEGINNING; THENCE N 00 DEGREES 11' 14" W ALONG THE NORTH -SOUTH CENTER LINE OF SAID SECTION 12, 458.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY FENCE OF GARFIELD COUNTY ROAD NO. 109, A REBAR AND CAP L.S. #19598 FOUND IN PLACE; THENCE S 13 DEGREES 28'04" E ALONG SAID RIGHT-OF-WAY FENCE 553.88 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY FENCE S 09 DEGREES 05'41" E 565.53 FEET; THENCE CONTINUING ALONG 42'56" E 728.56 FEET; THENCE CONTINUING ALONG 03'42" E 175.51 FEET; THENCE CONTINUING ALONG 40'06" E 463.99 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FENCE AND FOLLOWING AN EXISTING FENCE N 89 DEGREES 53'09" E 882.14 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 81 DEGREES 50'40" E 60.36 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N 01 DEGREES SAID RIGHT-OF-WAY FENCE S 17 DEGREES SAID RIGHT-OF-WAY FENCE S 40 DEGREES SAID RIGHT-OF-WAY FENCE S 32 DEGREES 30'12" THENCE 43'30" E 729.75 FEET; CONTINUING ALONG SAID EXISTING FENCE N 01 DEGREES E 1113.97 FEET; THENCE ALONG THE EASTERLY LINE OF LOT 24 OF SAID SECTION 12 01DEGREES 21'44" E 320.88 FEET; THENCE N 47 DEGREES 43'00" E 590.67 FEET TO THE NORTHERLY LINE OF LOT 25 OF SAID SECTION 12; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25 S 89 DEGREES 40'00" E 75.86 FEET TO THE CENTER LINE OF THE ROARING FORK RIVER; THENCE ALONG THE CENTER LINE OF SAID RIVER S 17 DEGREES 43'01" E 163.46 FEET; THENCE CONTINUING ALONG DEGREES 45'18" E 163.28 THENCE CONTINUING ALONG DEGREES 43'05" E 662.76 THENCE CONTINUING ALONG DEGREES 35'57" E 175.65 THENCE CONTINUING ALONG DEGREES 33'31" E 255.65 THENCE CONTINUING ALONG DEGREES 02'41" E 318.15 THENCE CONTINUING ALONG DEGREES 41'45" E 225.15 THENCE CONTINUING ALONG DEGREES 38'18" E 196.47 THENCE CONTINUING ALONG DEGREES 49'03" E 388.20 THENCE CONTINUING ALONG DEGREES 51'22" E 449.02 SAID CENTER FEET; SAID CENTER FEET; SAID CENTER FEET; SAID CENTER FEET; SAID CENTER FEET; SAID CENTER FEET; SAID CENTER FEET; SAID CENTER. FEET; SAID CENTER FEET; LINE LINE LINE LINE LINE LINE LINE LINE LINE OF RIVER S 30 OF RIVER S 51 OF RIVER S 44 OF RIVER S 13 OF RIVER S 34 OF RIVER S 35 OF RIVER S 55 OF RIVER S 63 OF RIVER S 57 N Boox0921 674 EXHIBIT A THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 47 DEGREES 11'37" E 122.26 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 12; THENCE LEAVING SAID CENTER LINE OF RIVER N 89 DEGREES 49'40" W 406.44 FEET TO THE NORTHEAST CORNER OF LOT 11 OF SAID SECTION 18; THENCE ALONG THE EASTERLY LINE OF SAID LOTS 11 AND 14 OF SAID SECTION 18 S 00 DEGREES 00'00" E 1336.51 FEET TO THE SOUTHEAST CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 14 S 89 DEGREES 58'06" W 672.53 FEET TO THE SOUTH CENTER ONE -SIXTEENTH CORNER, BEING A BLM ALUMINUM CAP IN PLACE; THENCE ALONG THE EASTERLY BOUNDARY OF LOT 15 OF SAID SECTION 18 S 00 DEGREES 36'33" W 334.72 FEET; THENCE N 89 DEGREES 55'05" E ALONG THE SOUTHERLY LINE OF THE N1/2N1/2SW1/4SE1/4 149.70 FEET TO THE CENTERLINE OF SAID ROARING FORK RIVER; THENCE ALONG SAID CENTER LINE OF RIVER S 25 DEGREES 46'54" W 106.22 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 07 DEGREES 48'26" W 289.87 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 16 DEGREES 19'15" E 186.82 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 60 DEGREES 24'25" E 205.10 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER N 76 DEGREES 51'11" E 164.34 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER N 81 DEGREES 47'36" E 280.37 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER N 78 DEGREES 29'03" E 233.93 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 81 DEGREES 45'25" E 314.48 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 61 DEGREES 08'27" E 374.17 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 46 DEGREES 48'37" E 211.62 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 07 DEGREES 22'34" E 113.14 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 25 DEGREES 51'48" E 225.75 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 08 DEGREES 49'55" E 269.98 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 31• DEGREES 27'28" E 259.89 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 46 DEGREES 16'00" E 573.86 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 59 DEGREES 53'51" E 279.72 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 41 DEGREES 56'37" E 388.06 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 21 DEGREES 26'41" E 286.20 FEET; THENCE CONTINUING ALONG SAID CENTER LINE OF RIVER S 08 DEGREES 56'52" E 81.11 FEET TO THE NORTHERLY LINE OF LOT 3 OF eoow092IP ;Ei5- EXHIBIT A SAID SECTION 20; THENCE LEAVING SAID CENTER LINE OF RIVER AND ALONG THE NORTHERLY LINE OF SAID LOT 3 N 88 DEGREES 33'13" W 385.14 FEET TO THE NORTHWEST CORNER OF LOT 3, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE ALONG THE WESTERLY LINE OF SAID LOT 3 S 00 DEGREES 01'46" W 425.16 FEET TO THE SOUTHWEST CORNER OF LOT 3, A BLM ALUMINUM CAP FOUND IN PLACE; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3 N 89 DEGREES 58'18" E 356.04 FEET TO THE CENTER LINE OF SAID ROARING FORK RIVER; THENCE ALONG SAID CENTER LINE OF RIVER S 56 DEGREES 36'15" W 426.72 FEET TO A POINT ON THE WESTERLY LINE OF LOT 8; THENCE LEAVING SAID CENTER LINE OF RIVER S 00 DEGREES 01'56" W ALONG THE WESTERLY LINE OF LOT 8, 106.83 FEET TO THE WEST ONE—QUARTER CORNER OF SAID SECTION 20, BEING A BLM ALUMINUM CAP FOUND IN PLACE; THENCE ALONG THE EASTERLY LINE OF LOTS 11 AND 16 OF SAID SECTION 19 S 00 DEGREES 01'37" W 1138.64 FEET TO THE CENTER LINE OF SAID ROARING. FORK RIVER; THENCE ALONG SAID CENTER LINE OF RIVER S 27 DEGREES 21'37" E 958.46 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 13; THENCE LEAVING SAID CENTER LINE OF RIVER AND ALONG THE SOUTHERLY LINE OF LOT 13 OF SAID SECTION 20 N 89 DEGREES 15'57" W 440.69 FEET TO THE SOUTHWEST CORNER OF LOT 13; THENCE ALONG THE WESTERLY LINE OF LOT 14 OF SAID SECTION 20 S 00 DEGREES 01'25" W 59.78 FEET; THENCE N 32 DEGREES 31'00" W 1283.00 FEET; THENCE N 47 DEGREES 20'00" W 1561.80 FEET; THENCE N 81 DEGREES 57'00" W 1659.05 FEET TO THE EASTERLY LINE OF LOT 2 OF SAID SECTION 24; THENCE LEAVING SAID EASTERLY LINE N 78 DEGREES 07'04" W 1354.65 FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE ALONG THE WESTERLY LINE OF SAID LOT 2 N 00 DEGREES 27'55" E 811.92 FEET TO THE SOUTHEAST CORNER OF LOT 14; THENCE ALONG THE SOUTHERLY LINE OF LOT 14 OF SAID SECTION 13 S 89 DEGREES 06'27" W 1335.68 FEET TO THE SOUTH ONE—QUARTER CORNER OF SAID SECTION 13, BEING A GARFIELD COUNTY BRASS CAP FOUND IN PLACE; THENCE ALONG THE NORTH—SOUTH CENTER.LINE OF SAID SECTION 13 N 00 DEGREES 52'56" E 5332.05 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM THE SIEVERS RANCH PARCEL DESCRIBED ABOVE: THE RIGHT OF WAY FOR GARFIELD COUNTY ROAD NO. 109, BEING 60.00 FEET IN WIDTH AND DESCRIBED ON EXHIBIT "B" OF WARRANTY DEED RECORDED DECEMBER 14, 1992 IN BOOK 849 AT PAGE 635. ALSO EXCEPTING FROM THE SIEVERS RANCH PARCEL DESCRIBED ABOVE: A PARCEL OF LAND SITUATED IN LOTS 1, 2, 5, 6, 7, 11 AND 12 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND IN LOTS 4, 9, 10, 11, 14, 15, 16, 17 AND IN THE SW1/4SE1/4 OF SECTION 18, TOWNSHIP 7 SOUTH RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL B00K0921PAGi676 EXHIBIT. A BEING GENERALLY DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF LOT 1, SECTION 13 (BEING THE NORTHWEST CORNER OF SAID PROPERTY); THENCE ALONG THE EAST BOUNDARY LINE OF SAID PARCEL SOUTHERLY ALONG A LINE WHICH IS 5 FEET WESTERLY OF, AND PARALLEL TO, THE WEST BANK OF THE ROBERTSON DITCH; THENCE CONTINUING ALONG THE EAST BOUNDARY OF SAID PARCEL, SOUTHERLY ALONG A LINE WHICH IS 5 FEET WESTERLY OF, AND PARALLEL TO, THE HIGH WATER LINE OF THE WEST BANK OF THE ROARING FORK RIVER TO THE INTERSECTION OF SAID LINE WITH THE EAST LINE OF LOT 17, OF SAID SECTION 18; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 17 TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID SECTION 18; THENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL, BEING THE SOUTH LINE OF SAID SECTION 18 TO THE INTERSECTION OF SAID LINE WITH THE EASTERLY RIGHT OF WAY LINE OF THE OLD COLORADO MIDLAND RAILROAD RIGHT OF WAY; THENCE NORTHERLY ALONG THE WEST BOUNDARY LINE OF SAID PARCEL, BEING THE EASTERLY RIGHT OF WAY LINE OF THE OLD COLORADO MIDLAND RAILROAD RIGHT OF WAY (NOW ABANDONED) TO THE SOUTHWEST CORNER OF LOT 6 OF SAID SECTION 13 (AS DEFINED BY THE LINE OF AN EXISTING FENCE ALONG THE WEST BOUNDARY OF SAID LOT 6) ; THENCE CONTINUING ALONG THE WESTERLY BOUNDARY OF SAID PARCEL NORTH ALONG SAID FENCE LINE TO ITS INTERSECTION WITH THE POINT OF BEGINNING; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13, AN AXLE IN PLACE; THENCE S. 89 DEGREES 52' 10" E. ALONG THE NORTHERLY LINE OF SAID SECTION 13 1796.57 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, SAID POINT BEING IN AN EXISTING FENCE, THE TRUE POINT OF BEGINNING; THENCE S. 89 DEGREES 52' 09" E. ALONG THE NORTHERLY LINE OF SAID LOT 1 103.76 FEET TO A POINT BEING 5.00 FEET WESTERLY OF THE WESTERLY BANK OF THE ROBERTSON DITCH; THENCE THE FOLLOWING THIRTY-FOUR (34) COURSES ALONG A LINE BEING 5.00 FEET WESTERLY OF AND PARALLEL TO THE WESTERLY BANK OF THE ROBERTSON DITCH: 1. S. 32 DEGREES 39' 14" E. 126.21 FEET; 2. S. 46 DEGREES 44' 01".E. 101.92 FEET; 3. S. 58 DEGREES 33' 08" E. 103.32 FEET; 4. S. 58 DEGREES 00' 02" E. 64.81 FEET; 5. S. 67 DEGREES 42' 09" E. 113.94 FEET; 6. S. 56 DEGREES 01' 54" E. 86.09 FEET; 7. S. 48 DEGREES 44' 16" E. 94.31 FEET; 8. S. 54 DEGREES 12' 24" E. 91.37 FEET; 9. S. 65 DEGREES 43' 26" E. 93.55 FEET; 10. S. 59 DEGREES 30' 17" E. 68.30 FEET; 11. S. 57 DEGREES 18' 29" E. 62.81 FEET; 12. S. 58 DEGREES 15' 43" E. 56.28 FEET; 13. S. 69 DEGREES 19' 37" E. 71.02 FEET; 14. S. 63 DEGREES 33' 32" E. 80.52 FEET; 15. S. 52 DEGREES 49' 53" E. 56.67 FEET.; 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. 52 51 50 67 66 58 69 74 52 49 41 33 31 44 DEGREES DEGREES DEGREES DEGREES DEGREES DEGREES DEGREES DEGREES DEGREES DEGREES DEGREES DEGREES DEGREES DEGREES 52 DEGREES 35 DEGREES 18 DEGREES 26 DEGREES 23 DEGREES EXHIBIT A 07" E. 96.50 FEET; 39" E. 131.35 FEET; 46" E. 64.52 FEET; 38" E. 73.67 FEET; 27" E. 54.01 FEET; 41" E. 86.11 FEET; 14" E. 76.28 FEET; 06" E. 68.83 FEET; 15" E. 35.90 FEET; 22" E. 61.97 FEET; 16" E. 105.82 FEET; 47" E. 107.86 FEET; 54" E. 78.81 FEET; 03" E. 113.96 FEET; 86.50 FEET; 43.48 FEET; 62.55 FEET; 139.55 FEET; 18' 46' 09' 05' 35' 42' 18' 03' 21' 04' 07' 43' 39' 00' 24' 20" E. 41' 35" E. 54' 25" E. 48' 20" E. 50' 33" E. BooK0921, Mc; 677 34. S. 101.77 FEET TO A POINT ON THE EASTERLY LINE OF LOT 11 OF SECTION.18; THENCE S. 00 DEGREES 00' 00" E. ALONG THE EASTERLY LINE OF SAID LOT 1 AND THE EASTERLY LINE OF LOT 14 OF SECTION 18 622.77 FEET TO A POINT BEING 5.00 FEET WESTERLY OF THE WESTERLY BANK OF THE ROBERTSON DITCH; THENCE THE FOLLOWING FOUR (4) COURSES ALONG A LINE BEING 5.00 FEET WESTERLY OF AND PARALLEL TO THE WESTERLY BANK OF THE ROBERTSON DITCH: 1. S. 52 DEGREES 2. S. 55 DEGREES 3. S. 59 DEGREES 4. S. 36 DEGREES FEET WESTERLY OF FORK RIVER; THENCE ALONG A LINE BEING 5.00 FEET WESTERLY OF AND PARALLEL TO THE WESTERLY HIGH WATER LINE OF THE ROARING FORK RIVER ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1033.63 FEET AND A CENTRAL ANGLE OF 21 DEGREES 35' 27", A DISTANCE OF 389.50 FEET (CHORD BEARS S. 49 DEGREES 22' 26" W. 387.20 FEET) TO A POINT ON THE NORTHERLY LINE OF THE SW1/4SE1/4 OF SAID SECTION 18; THENCE S. 89 DEGREES 58' 06" W. ALONG SAID NORTHERLY LINE 234.22 FEET TO THE NORTHWEST CORNER OF SAID SW1/4SE1/4; THENCE S. 00 DEGREES 36' 33" W. ALONG THE WESTERLY LINE OF SAID SW1/4SE1/4 334.72 FEET TO THE SOUTHWEST CORNER OF THE N1/2N1/2SW1/4SE1/4 OF SAID SECTION 18; THENCE N. 89 DEGREES 55' 05" E. ALONG THE SOUTHERLY LINE OF SAID N1/2N1/2SW1/4SE1/4 59.71 FEET TO A POINT BEING 5.00 FEET WESTERLY OF THE WESTERLY HIGH WATER LINE OF THE ROARING FORK RIVER; THENCE ALONG A LINE BEING 5.00 FEET WESTERLY OF AND PARALLEL TO THE WESTERLY HIGH WATER LINE OF THE ROARING FORK RIVER ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1033.63 FEET AND A CENTRAL ANGLE OF 16 DEGREES 13' 19", A DISTANCE OF 292.65 FEET (CHORD BEARS S. 09 DEGREES 19' 11' 09" W. 31.96 FEET; 08' 57" W. 79.59 FEET; 32' 47" W. 54.32 FEET; 29' 50" W. 11.85 FEET TO A POINT BEING 5.00 THE WESTERLY HIGH WATER. LINE OF THE ROARING 800X0921. i'HGi 6 18 EXHIBIT A 50" W. 291.67 FEET); THENCE N. 89 DEGREES 23' 42" W. 15.48 FEET TO A POINT ON THE WESTERLY LINE OF SAID SW1/4SE1/4; THENCE S. 00 DEGREES 36' 33" W. ALONG SAID WESTERLY LINE 716.59 FEET TO THE SOUTH QUARTER CORNER OF SECTION 18; THENCE S. 89 DEGREES 46' 00" W. ALONG THE SOUTHERLY LINE OF SAID SECTION 18 289.11 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY OF THE OLD COLORADO MIDLAND RAILROAD (NOW ABANDONED); THENCE N. 30 DEGREES 32' 18" W. ALONG SAID EASTERLY RIGHT-OF- WAY 1822.07 FEET; THENCE N. 30 DEGREES 27' 02" W. ALONG SAID EASTERLY RIGHT-OF- WAY 783.75 FEET TO A POINT IN AN EXISTING FENCE; THENCE LEAVING SAID RIGHT-OF-WAY ALONG SAID EXISTING FENCE N. 81 DEGREES 50' 40" E. 5.57 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N. 01 DEGREES 30' 12" E. 729.75 FEET; THENCE CONTINUING ALONG SAID EXISTING FENCE N. 01 DEGREES 43' 30" E. 1113.97 FEET TO THE TRUE POINT OF BEGINNING. MILLER PARCEL A TRACT OF LAND SITUATE IN LOT 25 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE NORTHWEST CORNER OF SAID LOT 25; THENCE N. 89 DEGREES 12'51" E. 425.00 FEET ALONG THE NORTH LINE OF SAID LOT 25; THENCE S. 46 DEGREES 17'16" W. 587.27 FEET TO A POINT ON THE WEST LINE OF SAID LOT 25; THENCE N. 00 DEGREES 04'00" W. 400.00 FEET ALONG SAID WEST LINE OF LOT 25 TO THE POINT OF BEGINNING. ALSO - A TRACT OF LAND SITUATED IN LOT 18 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING SOUTHWESTERLY OF THE CENTER LINE OF THE ROARING FORK RIVER, AND NORTHEASTERLY OF THE SOUTHERLY AND WESTERLY LINES OF SAID LOT 18, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF SAID RIVER, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID LOT 18, WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 12, BEARS S. 25 DEGREES 49'53" E. 811.45 FEET; THENCE S. 89 DEGREES 12'51" W. 500.00 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 18 TO THE SOUTHWEST CORNER OF SAID LOT 18; THENCE N. 00 DEGREES 04'00" W. 1097.29 FEET ALONG THE WESTERLY LINE OF SAID LOT 18 TO A POINT IN THE CENTER OF SAID RIVER, THENCE S. 22 DEGREES 11'50" E. 38.17 FEET ALONG THE CENTER OF 800KU921 pMci 679 EXHIBIT A SAID RIVER; THENCE S. 29 DEGREES 11'47" E. 548.58 FEET ALONG THE CENTER OF SAID RIVER; THENCE S. 28 DEGREES 19'57" E. 219.41 FEET ALONG THE CENTER OF SAID RIVER; THENCE S. 16 DEGREES 43'17" E. 400.00 FEET ALONG THE CENTER OF SAID RIVER TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 18, THE POINT OF BEGINNING. EXCEPTING FROM THE MILLER PARCEL DESCRIBED ABOVE: A PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 18 WHENCE THE SOUTHWEST CORNER OF SAID LOT 18, BEARS S. 00 DEGREES 04'00" E. 560 FEET AND A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 12 BEARS S. 00 DEGREES 04'00" E. 560 FEET, N. 89 DEGREES 12'51" E. 500.00 FEET AND S. 25 DEGREES 49'53" E. 811.45 FEET; THENCE N. 00 DEGREES 04'00" W. 537.29 FEET ALONG THE WESTERLY LINE OF SAID LOT 18 TO THE CENTER OF THE ROARING FORK RIVER; THENCE S. 22 DEGREES 11'50" E. 38.17 FEET ALONG THE CENTER OF SAID RIVER; THENCE S. 29 DEGREES 11'47" E. 548.58 FEET ALONG THE CENTER OF SAID RIVER; THENCE S. 28 DEGREES 19'57" E. 21.66 FEET ALONG THE CENTER OF SAID RIVER; AND THENCE S. 89 DEGREES 12'51" W. 291.70 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 18, THE POINT OF BEGINNING. ALL IN THE COUNTY OF GARFIELD STATE OF COLORADO =__ RODK0921,4`;680 EXHIBIT B Attached to and Forming a Part of WARRANTY DEED from Aspen Glen Golf Partners, Grantor, to Aspen Glen Golf Company, Grantee, dated November 7, 1994 This Exhibit B describes and sets forth the easements herein conveyed by Grantor to Grantee by Warranty Deed of which this Exhibit B is a part. 1. A permanent, non-exclusive easement for the following purposes: a. Construction, use, maintenance, repair and replacement of a roadway for public access purposes; b. Installation, construction, use, maintenance, repair and replacement of underground utility lines, including, without limitation, lines for storm sewer, sanitary sewer, cable television, telephone, electricity, water, gas and other utilities; and c. Construction, use, maintenance, repair and replacement of ditches, culverts, pipelines, water impoundment structures, water diversion structures, and other facilities necessary to provide drainage from the Aspen GIen PUD in accordance with the approved drainage plan therefor. on, along, over and across the following described premises, to -wit: A parcel of real property located in Lots 1, 6, and 5, Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows, to -wit: Beginning at the northwest corner of said Lot 1, thence S. 89°52'09" E. 103.76 feet along the north line of Lot 1 to a point being on a line five feet westerly of the west bank of the Robertson Ditch; thence following a line five feet westerly of the west bank of the Robertson Ditch S. 32°39'14" E. 126.21 feet; thence S. 46°44'01" E. 57.82 feet; thence leaving said west bank N. 70°02'14" W. 94.06 feet; thence S. 58°26'27" W. 53.98 feet; thence S. 09°32'34" W. 152.33 feet; thence S. 01502'09" W. 243.11 feet; thence S. 13°27'35" W. 125.20 feet; thence S. 00°01'53" E. 524.04 feet; thence S. 08°13'18" W. 139.78 feet; thence S. 01°30'12" W. 571.82 feet; thence S. 89°53'09" W. 16.27 feet; thence N. 30°27'02" W. 55.23 feet; thence N. 81°50'40" E. 5.57 feet; thence N. O1°30'12" E. 729.75 feet; thence N. O1°43'30" E. 1113.97 feet from to northwest corner of Lot 1, the point of beginning. Said easement contains 2.48 acres, more or less. -1- B00K0921 gGi 681 2. A permanent, non-exclusive easement for the purpose of construction, use, maintenance, repair and replacement of ditches, pipelines, culverts, water impoundment structures, water diversion structures, and other facilities necessary to provide drainage from the Aspen Glen PUD in accordance with the approved drainage plan therefor, on, along, over and across the following described premises, to -wit: A parcel of real property located in Lots 6, 7, and 11, Section 13, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, more particularly described as follows, to -wit: Beginning at a point from which the northwest corner of Lot 1, Section 13 bears N. 00°54'53" E. 1891.61 feetdistant; thence N. 89°53'09" E. 16.27 feet; thence N. 01°30'12" E. 571.82 feet; thence N. 08°13'18" E. 50.83 feet; thence S. 05°29'00" E. 261.77 feet; thence S. 48°07'35" E. 83.90 feet; thence S. 19°51'20" E. 71.42 feet; thence S. 03°01'29" W. 172.26 feet; thence S. 74°45'08" E. 43.74 feet; thence S. 61°54'21" E. 244.15 feet; thence S. 10°18'36" E. 105.17 feet; thence S. 41°38'53" W. 137.74 feet; thence S. 06°31'23" E. 59.96 feet; thence S. 30°58'36" E. 121.35 feet; thence S. 01°54'36" W. 76.91 feet; thence S. 33°32'36" E. 149.25 feet; thence S. 55°30'18" E. 128.98 feet; thence S. 14°37'41" E. 101.60 feet; thence S. 36°06'44" E. 126.71 feet; thence S. 08°25'52" W. 111.09 feet; thence S. 33°42'12" E. 101.21 feet; thence S. 05°34'30" W. 108.85 feet; thence N. 30°32'18" W. 673.01 feet; thence N. 30°27'02" W. 728.53 feet to the point of beginning. Said easement contains 5.49 acres, more or less. 3. A permanent, non-exclusive conservation and public fishing easement on, along, over and across the following described premises, to -wit: A parcel of real property located in Lots 11, 14, 15 and 17, Section 18, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado. Said easement being ten feet wide and lying northerly and westerly of the following described line: Beginning at a point from which the Northeast Corner of Lot 11, Section 18 bears N. 46°43'44" E. 158.60 feet distant; thence S. 82°17'27" W. 5.90 feet; thence S. 10°34'42" W. 19.99 feet; thence N. 54°25'52" W. 26.25 feet; thence S. 60°03'28" W. 2.79 feet; thence S. 19°24'09" E. 15.95 feet; thence S. 77°23'42" W. 16.12 feet; thence S. 32°33'49" E. 295.78 feet to a point on the east line of Lots 11 and 18, Section 18; thence along said east line S. 00°00'00" E. 605.65 feet to a point on the westerly bank of the Robertson Ditch; thence following said westerly bank the following four (4) courses: BOOK0921i'AG,i682 1. S. 52°11'09" W. 28.21 feet; 2. S. 55°08'57" W. 79.91 feet; 3. S. 59°32'47" W. 53.49 feet; 4. S. 36°29'50" W. 11.88 feet to a point on the westerly high water line of the Roaring Fork River; thence along said westerly high water line 384.73 feet on the arc of a curve to the left having a radius of 1028.63 feet, a central angle of 21°25'47", the chord of which bears S. 49°30'46" W. 382.49 feet to a point on the south line of Lot 14, Section 18; thence along said south line S. 89°58'06" W. 240.62 feet to a BLM aluminum cap set of the Center South 1/16th corner of Section 18; thence S. 00°36'33" W. 186.30 feet along the east line of Lot 15, Section 18; thence leaving said east line S. 17°16'08" W. 156.21 feet; thence S. 04°52'37" W. 199.77 feet; thence S. 00°02'34" E. 248.25 feet; thence S. 10°47'54" E. 141.02 feet; thence S. 27°18'00" E. 61.76 feet to a point on the east line of Lot 17, Section 18, the point of terminus from which the southeast corner of said Lot 17 bears S. 00°36'33" W. 362.67 feet distant. The aforesaid conservation and public fishing easement shall be subject to the following terms and conditions: i. Public fishing upon the subject property shall be limited to pedestrian traffic during established fishing seasons. ii. No trash, lifter; ashes, garbage, junk or other similar material shall be dumped, abandoned, or otherwise deposited on the subject property; and iii. No camping or camp fires shall be permitted on the subject property. 4. A permanent, non-exclusive easement for the purposes of construction, use, maintenance, repair and replacement of earth berms, depressions, and other landscape features, including the planting, care and replacement of vegetation within and upon such landscape features, on, along, over and across the following described premises, to -wit: A parcel of real property located in Lots 15, 16, and 17, Section 18, and in Lot 11, Section 13, T. 7 S., R. 88 W. of the 6th P.M., Garfield County, Colorado. Said easement being so wide as is necessary and reasonable to construct the landscape features allowed hereunder, but in no event more than 120 feet wide and lying northerly and easterly of the following described line: Beginning at a point from which the northwest corner of Lot 1, Section 13 bears N. 00°54'53" E. 1891.61 feet distant; thence S. 30°27'02" E. 783.75 feet; thence S. 30°32'18" E. a distance of 1,822.07 feet to a point on the southerly line of said Section 18; provided, however, -3- 800X0921 PHGi 683 that upon completion of the construction of the landscape features allowed hereunder, Grantee shall provide Grantor, or its assigns, with an as -built survey of such landscape features and the parties shall execute and deliver such documents as are necessary to limit the landscape easement granted hereby to that real property actually occupied by the completed landscape features. Grantor and Grantee specifically acknowledge that the easements granted hereby are appurtenant to the real property described on Exhibit A which is attached to the within Deed (hereinafter Property). Grantor and Grantee further acknowledge that Grantee intends to develop the Aspen Glen Planned Unit Development on the Property and that the easements herein granted shall be utilized for all purposes necessary and appropriate to achieve the development of the Aspen Glen Planned Unit Development. The above acknowledgment shall not restrict the use of the easements granted hereby, it being the intent of the Grantor to grant easements which are unlimited in scope, subject to the uses set forth herein. Grantee shall be entitled to assign the aforesaid easements subject to the terms and conditions of said easements as set forth herein. The aforesaid easements shall be subject to the rights of the Lessee, if any, in and to the premises, as set forth in the existing leases referred to in Assignment of Leases recorded December 14, 1992, in Book 849 at Page 713 of the records of Garfield County, Colorado. • The covenants, stipulations and conditions of the foregoing easements shall extend to and be binding upon the parties hereto, their heirs, administrators, executors, successors and assigns. The aforesaid easements shall run with and be binding upon the easements themselves and shall run with and benefit the Property. r: - RECORDED ' Jc) O'CLOCK/1.M. REC .. 464122 JUN 06 ;;;gra MILDRED ALSDORF, GARF.CELD COUNTY CLERK DISTRICT COURT., GARFIELD COUNTY, STATE OF COLORADO Case CV29 4)904,7 24 ORDER -AND. DECREE CREATING. DISTRICT IN .RE:. THE ORGANIZATION -.OF THE ASPEN GLEN WATER & SANITATION DISTRICT THIS MATTER, coming. before the Court upon the Motion for Order Declaring District Organized submitted by the petitioners in support of the Aspen Glen Water' S Sanitation District, and it appearing to the Court that the 1ection was held on May 3, 1994 in accordance with the Order Calling:Electibn. on Organization entered by this Court on April 6, 1994 (hereafter "Order"); and IT FURTHER APPEARING that the aforesaid: election was duly held at the time and place set forth in the Order and that 'at... said.. election there -was -submitted to the -eligible electors the question of the organization of the Aspen Glen Water & Sanitation District, Garfield . County, Colorado, and the -election of the initial Board of Directors for such District, together with all.=:questions :necessary'., to implement the provisions of Article . X, Section 20=, of the Colorado Constitution as specified in. the Order, and IT FURTHER APPEARING that the required Notice. of Election was... duly published in compliancewith the aforementioned Order -in _the Valley Journal, .a newspaper -of general .circulation= in the proposed District, one time; at :'least ten days -prior to the 'election;_ that notice was duly mailed pursuant to Article X, Section 20 of the Colorado Constitution; _`and the applicable.:. provisionsof. C.R.S. 1-5- 206(2), -5-206(2), C.R.S:: 1-5-207, and. C.R.S. 32 -1 -1101'{2) -,;al=l in -compliance with law and the Order; that all of the ballots which were cast at said election Were 'cast -by eligible electors of the proposed _ District who were registered to vote `:pursuant . to -the Uniform Election Code . of 1992 andwho either ::had been residents of :::.the proposed District for not. less than twenty-five::- (25)__ days,; or .who_: or whose spouse awns taxable real or personal property situated within the boundaries of the proposed District, whether said person resides within the proposed District or not, or who are obligated to pay taxes under a contract to purchase taxable property within the boundaries of the proposed District. Z1 awut- 790 b- , s, 1;r . eo (NOT. Boox0904 r r 725 THE COURT FINDS that the following ballots were cast on the question of the proposed District: For the organization of the Aspen Glen Water & Sanitation District Against the organization of the Aspen Glen Water & Sanitation District Votes Cast 7 0 That the following qualified persons were duly elected as Directors of the District for the indicated terms set forth beside their name: Name Term John R. Elkins James A. Woods Terri Hart Jon T. Brown Michael W. Elkins 4 years (until regular election 1998) 4 years (until regular election 1998) 4 years (until regular election 1998) 2 years (until regular election 1996) 2 years (until regular election 1996) That the following ballot issues were approved as submitted at said election pursuant to C.R.S. 32-1-803(5) and Article X, Section 20, Colorado Constitution, receiving the votes indicated herein: #1 - SHALL ASPEN GLEN WATER & SANITATION DISTRICT TAXES BE INCREASED $120,000 ANNUALLY or by such lesser annual amount as may be necessary to pay the District's general costs or evidences of indebtedness; such taxes to consist of an ad valorem property tax mill levy imposed at the initial rate of 7.981 mills, or at such other rate and in amounts, without limitation, sufficient to produce the annual increase set forth above or such lesser amount as may be necessary; and shall the revenue from such taxes and any other monies used to pay such general costs or other evidences of indebtedness, and investment income thereon, be collected and spent by the District without regard to any expenditure, revenue -raising, or other limitation contained within Article X, Section 20 of the Colorado Constitution? YES NO 7 0 #2 - SHALL ASPEN GLEN WATER & SANITATION DISTRICT DEBT BE INCREASED $295,000 WITH A REPAYMENT COST OF $460,000; such debt to consist of a promissory note secured by the revenues of the District, or other evidences of indebtedness, issued for the purpose of acquiring real property, or otherwise acquiring, constructing, installing or completing any or all facilities necessary and related to providing -2- sooK0904 PW 720 and operating a sanitary sewage system and treatment plant, such promissory note or other evidences of indebtedness to be issued at a maximum net effective interest rate of 8% per annum, and to mature or be payable not more than twelve (12) years after issuance; and shall the proceeds of such evidences of indebtedness, and investment income thereon, be collected and spent by the District without regard to any expenditure, revenue raising, or other limitation contained within Article X, Section 20 of the Colorado Constitution? YES NO 7 0 #3 -SHALL ASPEN GLEN WATER & SANITATION DISTRICT collect and spend, without limitation (i) proceeds of debt incurred following voter approval after organization of the District (ii) proceeds of ad valorem taxes collected for the payment of such debt, and (iii) revenues from any other revenue source from which the debt is payable, all of which proceeds and revenues may be collected and spent without limitation or condition under Article X, Section 20 of the Constitution of the State of Colorado; and shall the collection and spending of the proceeds of such debt and revenues from the tax increase levy to pay debt (or other revenue source from which the debt is payable), not limit the District's collection and spending of other revenues or funds under Article X, Section 20 of the Constitution of the State of Colorado, which proceeds and revenues may be received and, spent without any limitation or condition under Article X, Section 20, and which collection and spending of such debt proceeds and revenues will not affect the District's collection and spending of other revenues and funds under Article X, Section 20 of the Constitution of the State of Colorado? YES 7 NO 0 AND IT FURTHER APPEARING TO THE COURT that the aforesaid election was held in accordance with Part 8 of Article 1 of Title 32, C.R.S.; AND IT FURTHER APPEARING that all of the provisions of law, and more particularly all of the requirements of Title 32, Article 1, Part 3; Title 1, Parts 1-13, Colorado Revised Statutes, as Amended; and Article X, Section 20, Colorado Constitution, have been complied with, met and performed in the organization of the District; AND THE COURT, being fully advised in the premises hereby ORDERS AND DECREES that: -3- B001.0904 Plg 727 The District has been duly and regularly organized and shall be known as "Aspen Glen Water & Sanitation District" in Garfield County, Colorado. The organization of the Aspen Glen Water & Sanitation District shall be effective as of May 3, 1994. Said District shall be a quasi -municipal corporation and political subdivision of the State of Colorado with all the powers thereof. The facilities, services and financial arrangements of the District shall conform as far as practicable to the approved Service Plan and Resolution of Approval of the Board of County Commissioners of Garfield County, Colorado. The approved Service Plan and Resolution of Approval required. by Title 32, Article 1, Part 2, Colorado Revised Statutes, previously filed in the within action shall be and the same are hereby incorporated by reference into this Order. In accordance with C.R.S. 32-1-305.5(5), the Clerk of the Court shall issue Certificates of Election for the Directors elected. The Aspen Glen Water & Sanitation District is located in Garfield County, Colorado, and is more particularly described as follows: A parcel of land situated in Lots 23 and 25 of Section 12, Lots 1 and 3 through 16 of Section 13 and Lots 1 and 2 of Section 24, Township 7 South, Range 89 West, and in the SWI/4SE1/4, SE1/4SE1/4 and Lots 4,6,7,9 through 11 and 14 through 17 of Section 18 and the NEI/4NE1/4 and Lots 1, 3 through 12 and 15 through 17 of Section 19 and the NE1/4NW1/4 and Lots 2,4 through 16,19,20 of Section 20, Lots 2,3,4,8, and 9 of Section 29 Township 7 South, Range 88 West of the 6th P.M., County of Garfield, State of Colorado being more particularly described as follows: Beginning at the North 1/4 Corner of said Section 13; thence North 00 degrees 11 minutes 14 seconds West (N 00°11'14" W) along the North-South Centerline of said Section 12, a distance of 458.62 feet to a point on the Easterly Right -of -Way fence of Garfield County Road No. 109, marked by a rebar and cap L.S. 19598; thence along said right-of-way fence the following five (5) courses: 1] South 13 degrees 28 minutes 04 seconds East (S 13'28'04" E), a distance of 553.88 feet; 2] South 09 degrees 05 minutes 41 seconds East (S 09°05'41" E), a distance of 565.53 feet: 3] South 17 degrees 42 minutes 56 seconds East (S 17°42'56" E), a distance of 728.56 feet; 4] South 40 degrees 03 minutes 42 seconds East (S 40°03'42" E), a distance of 175.51 feet; 5] South 32 degrees 40 minutes 06 seconds East (S 32°40'06" E), a distance of 463.99 feet; -4— B001(0904 '.If;F 728 thence leaving said right-of-way fence and following an existing fence the following four (4) courses; 1] North 89 degrees 53 minutes 09 seconds East (N 89°53'09" E), a distance of 882.14 feet; 2] North 81 degrees 50 minutes 40 seconds East (N 81°50'40" E), a distance of 60.36 feet; 3] North 01 degrees 30 minutes 12 seconds East (N 01°30'12" E), a distance of 729.75 feet; 4] North 01 degrees 43 minutes 30 seconds East (N 01°43'30" E), a distance of 1113.97 feet to a point on the Easterly line of Lot 24 of said Section 12; thence North 01 degrees 21 minutes 44 seconds East (N 01°21'44" E) along said Easterly line, a distance of 320.88 feet; thence North 47 degrees 43 minutes 00 seconds East (N 47°43'00" E), a distance of 590.67 feet to a point on the Northerly line of Lot 25 of said Section 25; thence South 89 degrees 40 minutes 00 seconds East (S 89°40'00" E) along said Northerly Zine, a distance of 75.86 feet to a point in the centerline of the Roaring Fork River; thence following said centerline of said Roaring Fork River the following eleven (11) courses: South 17 degrees 43 minutes 01 seconds East (S 17°43'01" E), a distance of 163.46 1] feet; 2] feet; 3] feet; 4] feet; 5] feet; 6] feet; 7] feet; 8] feet; 9] feet; 10] feet; South 30 degrees 45 minutes 18 seconds East (S 30°45'18" South 51 degrees 43 minutes 05 seconds East (S 51°43'05" South 44 degrees 35 South 13 degrees 33 South 34 degrees 02 South 35 degrees 41 South 55 degrees 38 South 57 degrees 51 63 degrees 49 minutes 57 seconds East (S 44°35'57" minutes 31 seconds East (S 13°33'31" minutes 41 seconds East (S 34°02'41" minutes 45 seconds East (S 35°41'45" minutes 18 seconds East (S 55°38'18" E), a distance of 163.28 E), a distance of 662.76 E), a distance of 175.65 E), a distance of 255.65 E), a distance of 318.15 E), a distance of 225.15 E), a distance of 196.47 South minutes 03 seconds East (S 63°49'03" E), a distance of 388.19 minutes 22 seconds East (S 57°51'22" E), a distance of 449.02 11] South 47 degrees 11 minutes 37 seconds East (S 47°11'37" E), a distance of 122.26 feet to a point on the Northerly line of Lot 12 said Section 18; thence North 89 degrees 49 minutes 40 seconds West (N 89°49'40" W), a distance of 406.44 feet to the Northeast corner of said Lot 11 of said Section 18; thence South 00 degrees 00 minutes 00 seconds East (S 00°00'00" E) along the Easterly line of said Lots 11 and 14 of said Section 18, a distance of 1336.51 feet to the Southeast corner of said Lot 14; thence South 89 degrees 58 minutes 06 seconds West (S 89°58'06" W), a distance of 672.53 feet to the South Center 1/16 corner -5- 8004904 x; 729 of said Section 18, marked by a BLM aluminum cap; thence South 00 degrees 36 minutes 33 seconds West (S 00°36'33" W) along the Easterly line of said Lot 15 of said Section 18, a distance of 334.72 feet; thence North 89 degrees 55 minutes 05 seconds East (N 89°55'05" E) along the South line of the N1/2N1/2SW1/4SE1/4 of said Section 18, a distance of 149,70 feet to said centerline of said Roaring Fork River; thence along said centerline of said Roaring Fork river the following nineteen (19) courses: 1] South 25 degrees 46 minutes 54 seconds West (S 25°46'54" W), a distance of 106.22 feet; 2] South 07 degrees 48 minutes 26 seconds West (S 07°48'26" W), a distance of 289.87 feet; 3] South 16 degrees 19 minutes 15 seconds East (S 16°19'15" E), a distance of 186.82 feet; 4] South 60 degrees 24 minutes 25 seconds East (S 60°24'25" E), a distance of 205.10 feet; 5] North 76 degrees 51 minutes 11 seconds East (N 76°51'11" E), a distance of 164.34 feet; 6] North 81 degrees 47 minutes 36 seconds East (N 81°47'36" E), a distance of 280.37 feet; 7] North 78 degrees 29 minutes 03 seconds East (N 78°29'03" E), a distance of 233.93 feet; 8] South 81 degrees 45 minutes 25 seconds East (S 81°45'25" E), a distance of 314.48 feet; 9] South 61 degrees 08 minutes 27 seconds East (S 61°08'27" E), a distance of 374.17 feet; 10] South 46 degrees 48 minutes 37 seconds East (S 46°48'37" E), a distance of 211.62 feet: 11] South 07 degrees 22 minutes 34 seconds East (S 07°22'34" E), a distance of 113.14 feet: 12] South 25 degrees 51 minutes 48 seconds East (S 25°51'48" E), a distance of 225.75 feet; 13] South 08 degrees 49 minutes 55 seconds East (S 08°49'55" E), a distance of 269.98 feet; 14] South 31 degrees 27 minutes 28 seconds East (S 31°27'28" E), a distance of 259.89 feet; 15] South 46 degrees 16 minutes 00 seconds East (S 46°16'00" E), a distance of 573.86 feet; 16] South 59 degrees 53 minutes 51 seconds East (S 59°53'51" E), a distance of 279.72 feet; 17] South 41 degrees 56 minutes 37 seconds East (S 41°56'37" E), a distance of 388.06 feet; 18] South 21 degrees 26 minutes 41 seconds East (S 21°26'41" E), a distance of 286.20 feet; - 6- Beok0904:':c.730 19] Soutli 08 degrees 56 minutes 52 seconds East (S 08°56'52" E), a distance of 81.11 feet to a point on the North line of said Lot 3 of said Section 20; thence North 88 degrees 33 minutes 13 seconds West (N 88°33'13" W) along said North line, a distance of 385.14 feet to the northwest corner of said Lot 3; thence South 00 degrees 01 minutes 46 seconds West (S 00°01'46" W) along the West line of said Lot 3, a distance of 425.16 feet to the Southwest corner of said Lot 3 marked by a BLM aluminum cap; thence North 89 degrees 58 minutes 19 seconds East (N 89°58'19" E) along the South line of said Lot 3 and along the North line of said Lot 8 of said Section 20, a distance of 697.48 feet to the Southeast corner of said Lot 3 marked by a BLM aluminum cap; thence North 00 degrees 04 minutes 00 seconds West (N 00°04'00" W) along the East line of said Lot 3, a distance of 407.22 feet to the northeast corner of said Lot 3; thence North 00 degrees 04 minutes 00 seconds West (N 00°04'00" W) along the West line of said Lot 4, said Section 20, a distance of 151.69 feet to a point on the South line of a parcel of land described in Book 314 at Page 160 of the Garfield County clerk and Recorder's Office; thence along said South line the following thirteen (13) courses: 1] North 84 degrees 49 minutes 54 seconds East (N 84°49'54" E), a distance of 35.88 feet; 2] North 85 degrees 29 minutes 12 seconds East (N 85°29'12" E), a distance of 47.40 feet; 3] South 85 degrees 49 minutes 41 seconds East (S 85°49'41" E), a distance of 103.69 feet; 4] South 88 degrees 22 minutes 30 seconds East (S 88°22'30" E), a distance of 88.83 feet; 5] North 80 degrees 42 minutes 21 seconds East (N 80°42'21" E), a distance of 29.94 feet; 6] North 64 degrees 50 minutes 54 seconds East (N 64°50'54" E), a distance of 99.58 feet; 7] North 70 degrees 51 minutes 54 seconds East (N 70°51'54" E), a distance of 37.92 feet; 8] South 84 degrees 32 minutes 22 seconds East (S 84°32'22" E), a distance of 37.12 feet; 9] South 59 degrees 18 minutes 15 seconds East (S 59°18'15" E), a distance of 53.70 feet; 10] South 40 degrees 58 minutes 58 seconds East (S 40°58'58" E), a distance of 62.22 feet; 11] South 28 degrees 48 minutes 44 seconds East (S 28°48'44" E), a distance of 153.29 feet; 12] South 33 degrees 50 minutes 49 seconds East (S 33°50'49" E), a distance of 107.91 feet; 13] North 63 degrees 05 minutes 54 seconds East (N 63°05'54" E), a distance of 298.19 feet to a point on the Southwesterly Right -of- Way of the Denver and Rio Grande Western Railroad; thence North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W) along said right-of-way, a distance of 583.96 feet to a point on the West line of said NE1/4NW1/4 of said Section 20; thence North 00 degrees 05 minutes 52 seconds East (N 00°05'52" E) along -7- BOOK0904 f;; 731 said West line, a distance of 1360.94 feet to the Northwest corner of said NE1/4NW1/4 marked by a BLM aluminum cap; thence South 87 degrees 45 minutes 35 seconds East (S 87°45'3.5" E) along the North line of said NE1/4NW1/4, a distance of 1325.81 feet to the North 1/4 corner of said Section 20 marked by a BLM aluminum cap; thence South 00 degrees 12 minutes 30 seconds East (S 00°12'30" E) along the East line of said NE1/4NW1/4, a distance of 1378.55 feet to the Southeast corner of said NE1/4NW1/4 marked by a BLM aluminum cap; thence South 89 degrees 38 minutes 40 seconds East (S 89°38'40" E) along the North line of Lot 19 of said Section 20, a distance of 1305.39 feet to the Northeast corner of said Lot 19 marked by a BLM aluminum cap; thence South 00 degrees 05 minutes 56 seconds East (S 00°05'56" E) along the East line of said Lot 19, a distance of 1289.48 feet to the Southeast corner of said Lot 19 being also a point on the north line of Lot 20 of said Section 20 marked by a BLM aluminum cap; thence South 88 degrees 36 minutes 52 seconds East (S 88°36'52" E) along said North line, a distance of 1304.01 feet to the East 1/4 corner of said Section 20 marked by a BLM aluminum cap; thence South 01 degrees 23 minutes 50 seconds East (S 01°23'50" E) along the East line of said Lot 20, a distance of 1320.18 feet to the Southeast corner of said Lot 20 marked by a BLM aluminum cap; thence North 89 degrees 35 minutes 53 seconds West (N 89°35'53" W) along the South line of said Lot 20, a distance of 684.04 feet to a point on the East line of said Lot 16 of said Section 20 marked by a BLM aluminum cap; thence South 01 degrees 30 minutes 51 seconds West (S 01°30'51" W) along said East line of said Lot 16, a distance of 1262.19 feet to the Southeast corner of said Lot 16 being also the northeast corner of Lot 2 of said Section 29, marked by a BLM aluminum cap; thence South 01 degrees 21 minutes 57 seconds West (S 01°21'57" W) along the East line of said Lot 2 , a distance of 917.83 feet to said centerline of said Roaring fork River; thence along said centerline the following twenty (20) courses: 1] North 44 degrees 00 minutes 00 seconds West (N 44°00'00" W), a distance of 272.02 feet; 2] North 57 degrees 00 minutes 00 seconds West (N 57°00'00" W), a distance of 238.00 feet; 3] North 84 degrees 00 minutes 00 seconds West (N 84°00'00" W), a distance of 240.00 feet; 4] South 72 degrees 00 minutes 00 seconds West (S 72°00'00" W), a distance of 277.00 feet; 5] South 56 degrees 00 minutes 00 seconds West (S 56°00'00" W), a distance of 290.00 feet; 6) South 39 degrees 00 minutes 00 seconds West (S 39°00'00" W), a distance of 300.00 feet; 7] South 31 degrees 00 minutes 00 seconds West (S 31°00'00" W), a distance of 352.00 feet; 8] South 50 degrees 00 minutes 00 seconds West (S 50°00'00" W), a distance of 220.00 feet; 9] South 70 degrees 00 minutes 00 seconds West (S 70°00'00" W), a distance of 297.00 feet; -8- 800!!0904 =r: 732 10] North 48 degrees 00 minutes 00 seconds West (N 48°00'00" W), a distance of 375.00 feet; 11] North 24 degrees 00 minutes 00 seconds West (N 24°00'00" W), a distance of 268.00 feet; 12] North 11 degrees 00 minutes 00 seconds West (N 11°00'00" W), a distance of 268.00 feet; 13] North 17 degrees 00 minutes 00 seconds West (N 17°00'00" W), a distance of 238.00 feet; 14] North 48 degrees 00 minutes 00 seconds West (N 48°00'00" W), a distance of 547.00 feet; 15] North 31 degrees 00 minutes 00 seconds West (N 31°00'00" W), a distance of 203.00 feet; 16] North 60 degrees 00 minutes 00 seconds West (N 60°00'00" W), a distance of 224.00 feet; 17] North 65 degrees 30 minutes 00 seconds West (N 65°30'00" W), a distance of 220.00 feet; • 18] North 69 degrees 00 minutes 00 seconds West (N 69°00'00" W), a distance of 350.00 feet; 19] North 59 degrees 30 minutes 00 seconds West (N 59°30'00" W), a distance of 316.00 feet; 20] North 27 degrees 00 minutes 00 seconds West (N 27°00'00" W), a distance of 331.00 feet to a point on the North line of Lot 14 of said Section 20; thence North 89 degrees 15 minutes 57 seconds West (N 89°15'57" W) along said North line, a distance of 440.69 feet to the Southwest corner of said Lot 13 of said Section 20; thence South 00 degrees 01 minutes 25 seconds West (S 00°01'25" W) along the West line of said Lot 14, a distance of 59.78 feet; thence North 32 degrees 31 minutes 00 seconds West (N 32°31'00" W), a distance of 1283.00 feet: thence North 47 degrees 20 minutes 00 seconds West (N 47°20'00" W), a distance of 1561.80 feet; thence North 81 degrees 57 minutes 00 seconds West (N 81°57'00" W), a distance of 1659.05 feet to a point on the East line of Lot 2 of said Section 24; thence North 78 degrees 07 minutes 04 seconds West (N 78°07'04" W), a distance of 1354.65 feet to a point on the West line of said Lot 2; thence North 00 degrees 27 minutes 55 seconds East (N 00°27'55" E) along said West line of said Lot 2, a distance of 811.92 feet to the Southeast corner of Lot 14 of said Section 13; thence South 89 degrees 06 minutes 27 seconds West (S 89°06'27" W) along the South line of said Lot 14, a distance of 1335.68 feet to the South 1/4 Corner of said Section 13; thence North 00 degrees 52 minutes 56 seconds East (N 00°52'56" E) along the North-South Centerline of said Section 13, a distance of 5332.05 feet to the point of beginning. Excepting therefrom the Colorado Highway 82 Right -of -Way and the Garfield County Road 109 Right -of -Way. Excepting from the above described parcel a lease and agreement for the sale and purchase of gravel recorded in Reception No. 305982 of the Garfield County clerk and Recorder's office being described as follows: A parcel of land situated in Lots 1,2,5,6,7,11 and 12 of Section 13, Township 7 South, Range 89 West and in Lots 4,9,10,11,14,15,16, and 17 and in the SW1/4SE1/4 of Section 18, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of -9- sn0O9O4 734 27] South 33 degrees 43 minutes 47 seconds East (S 33°43'47" E), a distance of 107.86 feet; 28] South 31 degrees 39 minutes 54 seconds East (S 31°39'54" E), a distance of 78.81 feet; 29] South 44 degrees 00 minutes 03 seconds East (S 44°00'03" E), a distance of 113.96 feet; 30] South .52 degrees 24 minutes 20 seconds East (S 52°24'20" E), a distance of 86.50 feet; 31] South 35 degrees 41 minutes 35 seconds East (S 35°41'35" E), a distance of 43.48 feet; 32] South 18 degrees 54 minutes 25 seconds East (S 18°54'25" E), a distance of 62.55 feet; 33] South 26 degrees 48 minutes 20 seconds East (S 26°48'20" E), a distance of 139.55 feet; 34] South 23 degrees 50 minutes 33 seconds East (S 23°50'33" E), a distance of 101.77 feet to a point on the Easterly line of said Lot 11 of said Section 18; thence South 00 degrees 00 minutes 00 seconds East (S 00°00'00" E), along the Easterly line of said Lot 11 and said Lot 14 of said Section 18a distance of 622.77 feet to a point being 5.0 feet Westerly of the high water line of the Westerly bank of the Roaring Fork River; thence leaving said Lot line the following five courses along a line being 5 feet Westerly of and parallel to the high water line of the Westerly bank of the Roaring Fork River 1] South 52 degrees 11 minutes 09 seconds West (S 52°11'09" W), a distance of 31.96 feet; thence 2] South 55 degrees 08 minutes 57 seconds West (S 55°08'57" W), a distance of 79.59 feet; thence 3] South 59 degrees 32 minutes 47 seconds West (S 59°32'47" W), a distance of 54.32 feet; thence 4] South 36 degrees 29 minutes 50 seconds West (S 36°29'50" W), a distance of 11.85 feet; thence 5] along a curve to the left having a radius of 1033.63 feet, arc length of 389.56 feet, delta angle of 21 degrees 35 minutes 39 seconds (21°35'39"), a chord bearing of South 49 degrees 22 minutes 20 seconds West (S 49°22'20" W), and a chord length of 387.26 feet to a point on the. Northerly line of the SW1/4SE1/4 of said Section 18; thence South 89 degrees 58 minutes 06 seconds West (S 89°58'06" W), along said Northerly line a distance of 234.18 feet to the Northwest comer of said SW1/4SE1/4; thence South 00 degrees 36 minutes 33 seconds West (S 00°36'33" W), along the Westerly line of said SW1/4SE1/4 a distance of 334.72 feet; to the Southwest corner of the N1/2n1/2SW1/4SE1/4; thence North 89 degrees 55 minutes 05 seconds East (N 89°55'05" E), along the Southerly line of said N1/2N1/2SW1/4SE1/4 a distance of 59.71 feet to a point which is 5.0 feet Westerly of the high water line of the Westerly bank of the Roaring Fork River; thence along a line being 5.0 feet Westerly of and Parallel to the high water line of the Westerly bank of the Roaring Fork River along a curve to the left having a radius of 1033.63 feet, arc length of 292.65 feet, delta angle of 16 degrees 13 minutes 19 seconds (16°13'19"), a chord bearing of South 09 degrees 19 minutes 50 seconds West (S 09°19'50" W), and a chord length of 291.67 feet; thence leaving said 5.0 foot offset line North 89 degrees 23 minutes 42 seconds West (N 89°23'42" W), a distance of 15.53 feet to a point on the Easterly line of said Lot 17 of said Sectionl8; thence South 00 degrees 36 minutes 19 seconds West (S 00°36'19" W), along said -11- BOOK09O4 735 Easterly line a distance of 716.59 feet to the Southeast corner of said Lot 17; thence South 89 degrees 46 minutes 00 seconds West (S 89°46'00" W), along the Southerly line of said Lot 17 a distance of 289.11 feet; to apoint on the Easterly Right -of -Way of Colorado Midland Railroad; thence North 30 degrees 32 minutes 18 seconds West (N 30°32'18" W), along said Easterly Right -of -Way a distance of 1822.07 feet; thence North 30 degrees 27 minutes 02 seconds West (N 30°27'02" W), along said Right -of -Way a distance of 783.75 feet to a point on the Southerly line of said Teller Springs Subdivision; thence North 81 degrees 50 minutes 40 seconds East (N 81°50'40" E), along said Southerly line a distance of 5.57 feet to the point of beginning; and containing 120.112 acres more or less. Garfield County Road #109 Right -of -Way A 60.00 foot wide parcel of land situated in Lot 23 of Section 12, Lots 3,4,5,8,10,12,13, and 16 of Section 13, Lot 1 of Section 24, all in Township 7 South, Range 89 West, and in Lots 8,9, and 17 of Section 19, Township 7 South, Range 88 West of the 6th P.M., county of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the North 1/4 Corner of said Section 13, an axle found in place, thence North 00 degrees 11 minutes 14 seconds West (N 00°11'14" W), along the North-South Centerline of said Section 12, a distance of 458.62 feet to a point on the Easterly Right -of -Way fence of Garfield county Road No. 109, marked by a rebar and cap marked L.S. 19598 found in place, the TRUE POINT OF BEGINNING, thence along the Easterly Right -of -Way line of said Garfield County Road No 109 the following thirty-two (32) courses: 1] South 13 degrees 28 minutes 04 seconds East (S 13°28'04" E), along said Right -of -Way fence a distance of 553.88 feet; thence 2] South 09 degrees 05 minutes 41 seconds East (S 09°05'41" E), along said Right -of -Way fence a distance of 565.53 feet; thence 3] South 17 degrees 42 minutes 56 seconds East (S 17°42'56"E),along said Right -of -Way fence a distance of 728.56 feet; thence 4] South 40 degrees 03 minutes 42 seconds East (S 40°03'42" E), along said Right -of -Way fence a distance of 175.51 feet; thence 5] South 32 degrees 40 minutes 06 seconds East (S 32°40'06" E), along said Right -of -Way fence a distance of 463.99 feet; thence 6] South 32 degrees 40 minutes 06 seconds East (S 32°40'06" E), a distance of 25.66 feet; thence 7] South 20 degrees 26 minutes 02 seconds East (S 20°26'02" E), a distance of 562.19 feet; thence 8] along a curve to the left having a radius of 5287.84 feet, arc length of 542.18 feet, delta angle of 5 degrees 52 minutes 29 seconds (5°52'29"), a chord bearing of South 23 degrees 22 minutes 16 seconds East (S 23°22'16" E), and a chord length of 541.94 feet; thence 9] South 26 degrees 18 minutes 31 seconds East (S 26°18'31" E), a distance of 854.10 feet: thence 10] along a curve to the right having a radius of 730.33 feet, arc length of 251.77 feet, delta angle of 19 degrees 45 minutes 26 seconds (19°45'06"), a chord bearing of South 16 -12- B004904 ^:r; 736 degrees 25 minutes 57 seconds East (S 16°25'57" E), and a chord length of 250.53 feet; thence 11] South 06 degrees 33 minutes 24 seconds East (S 06°33'24" E), a distance of 156.75 feet; thence 12] along a curve to the ]eft having a radius of 1635.67 feet, arc length of 545.79 feet, delta angle of 19 degrees 07 minutes 06 seconds (19°07'06"), a chord bearing of South 16 degrees 06 minutes 57 seconds East (S 16°06'57" E), and a chord length of 543.26 feet; thence 13] South 20 degrees 41 minutes 20 seconds East (S 20°41'20" E), a distance of 11.95 feet; thence 14] South 29 degrees 02 min ;tes 45 seconds East -(S 29°02'45" E), a distance of 367.48 feet; thence 15] South 29 degrees 19 minutes 46 seconds East (S 29°19'46" E), a distance of 501.69 feet; thence 16] South 32 degrees 15 minutes 50 seconds East (S 32°15'50" E), a distance of 38.79 feet; thence 17] South 34 degrees 46 minutes 46 seconds East (S 34°46'46" E), a distance of 649.59 feet; thence 18] South 46 degrees 01 minutes 35 seconds East (S 46°01'35" E), a distance of 38.04 feet; thence 19] South 57 degrees 35 minutes 29 seconds East (S 57°35'29" E), a distance of 479.98 feet: thence 20] South 57 degrees 36 minutes 01 seconds East (S 57°36'01" E), a distance of 517.80 feet; thence 21] South 77 degrees 49 minutes 23 seconds East (S 77°49'23" E), a distance of 107.47 feet: thence 22] South 78 degrees 59 minutes' 34 seconds East (S 78°59'34" E), a distance of 402.07 feet: thence 23] along a curve to the left having a radius of 1001.79 feet, arc length of 207.99 feet, delta angle of 11 degrees 53 minutes 43 seconds (11°53'43"), a chord bearing of South 84 degrees 56 minutes 26 seconds East (S 84°56'26" E), and a chord length of 207.61 feet; thence 24] North 89 degrees 06 minutes 43 seconds East (N 89°06'43" E), a distance of 181.02 feet; thence 25] along a curve to the right having a radius of 190.10 feet, arc length of 208.48 feet, delta angle of 62 degrees 50 minutes 04 seconds (62°50'04"), a chord bearing of South 59 degrees 28 minutes 15 seconds East (S 59°28'15" E), and a chord length of 198.19 feet; thence 26] South 28 degrees 03 minutes 13 seconds East (S 28°03'13" E), a distance of 259.67 feet; thence 27] along a curve to the left having a radius of 1494.54 feet, arc length of 482.67 feet, delta angle of 18 degrees 30 minutes 15 seconds (18°30'15"), a chord bearing of South 37 degrees 18 minutes 21 seconds East (S 37°18'21" E), and a chord length of 480.58 feet; thence -13- BOOJ904.4.737 28] South 46 degrees 33 minutes 28 seconds East (S 46°33'28" E), a distance of 453.89 feet; thence 29] along a curve to the right having a radius of 1024.62 feet, arc length of 355.30 feet, delta angle of 19 degrees 52 minutes 05 seconds (19°52'05"), a chord bearing of South 36 degrees 37 minutes 26 seconds East (S 36°37'26" E), and a chord length of 353.52 feet; thence 30] South 26 degrees 41 minutes 23 seconds East (S 26°41'23" E), a distance of 161.91 feet; thence 31] along a curve to the left having a radius of 1902.23 feet, arc length of 278.30 feet, delta angle of 8 degrees 22 minutes 57 seconds (8°22'57"), a chord bearing of South 30 degrees 52 minutes 52 seconds East (S 30°52'52" E), and a chord length of 278.06 feet; thence 32] South 35 degrees 04 minutes 20 seconds East (S 35°04'20" E), a distance of 518.24 feet to a point on the Southerly line of the Sievers Parcel; thence along said Southerly line the following four (4) courses: 1 ] North 89 degrees 15 minutes 57 seconds West (N 89°15'57" W), a distance of 6.66 feet; thence 2] South 00 degrees 01 minutes 25 seconds West (S 00°01'25" W), a distance. of 59.78 feet; thence 3] North 32 degrees 31 minutes 00 seconds West (N 32°31'00" W), a distance of 1283.00 feet; thence 4] North 47 degrees 20 minutes 00 seconds West (N 47°20'00" W), a distance of 761.88 feet to a point on the Westerly Right -of -Way line of said Garfield County Road No. 109; thence along said Westerly line the following four (4) courses: 1) along a curve to the right having a radius of 1554.54 feet, arc length of 260.76 feet, delta angle of 9 degrees 36 minutes 39 seconds (9°36'39"), a chord bearing of North 32 degrees 51 minutes 33 seconds West (N 32°51'33" W), and a chord length of 260.45 feet; thence 2] North 28 degrees 03 minutes 13 seconds West (N 28°03'13" W), a distance of 259.67 feet; thence 3] along a curve to the left having a radius of 130.10 feet, arc length of 142.68 feet, delta angle of 62 degrees 50 minutes 05 seconds (62°50'05"), a chord bearing of North 59 degrees 28 minutes 15 seconds West (N 59°28'15" W), and a chord length of 135.64 feet; thence 4] South 89 degrees 06 minutes 43 seconds West (S 89°06'43" W), a distance of 177.52 feet to a point on said Southerly line of the Sievers Parcel; thence North 47 degrees 20 minutes 00 seconds West (N 47°20'00" W). along said Southerly line a distance of 41.37 feet; thence North 81 degrees 57 minutes 00 seconds West (N 81°57'00" W), along said Southerly line a distance of 723.48 feet to a point on said Westerly Right -of -Way line; thence along said Westerly line the following nineteen (19) courses: 1] North 57 degrees 36 minutes 01 seconds West (N 57°36'01" W), a distance of 513.47 feet; thence 2] North 57 degrees 35 minutes 29 seconds West (N 57°35'29" W), a distance of 486.06 feet; thence -14- 800]904:,738 3] North 46 degrees 01 minutes 35 seconds West (N 46°01'35" W), a distance of 50.02 feet; thence 4] North 34 degrees 46 minutes 46 seconds West (N 34°46'46" W), a distance of 656,82 feet; thence 5] North 32 degrees 15 minutes 50 seconds West (N 32°15'50" W), a distance of 41.64 fect; thence 6] North 29 d degrees 19 minutes 46 seconds West (N 29°19'46" W), a distance of 503.37 feet; thence 7] North 29 degrees 02 minutes 45 seconds West (N 29°02'45" W), a distance of 372.01 feet; thence 8] Norili 20 degrees 41 minutes 20 seconds West (N 20°41'20" W), a distance of 13.75 feet; thence 9] along a curve to the right having a radius of 1695.67 feet, arc length of 563.17 feet, delta angle of 19 degrees 01 minutes 46 seconds (19°01'46"), a chord bearing of North 16 degrees 04 minutes 17 seconds West (N 16°04'17" W) , and a chord length of 560.60 feet; thence 10] North 06 degrees 33 minutes 24 seconds West (N 06°33'24" W), a distance of 156.75 feet; thence 11 ] along a curve to the left having a radius of 670.33 feet, arc length of 231.09 feet, delta angle of 19 degrees 45 minutes 06 seconds (19°45'06"), a chord bearing of North 16 degrees 25 minutes 57 seconds West (N 16°25'57" W), and a chord length of 229.94 feet; thence 121 North 26 degrees 18 minutes 31 seconds West (N 26°18'31" W), a distance of 854.10 feet; thence 13] along a curve to the right having a radius of 5347.84 feet, arc length of 548.33 feet, delta angle of 5 degrees 52 minutes 29 seconds (5°52'29"), a chord bearing of North 23 degrees 22 minutes 16 seconds West (N 23°22'16" W), and a chord length of 548.09 feet; thence 14] North 20 degrees 26 minutes 02 seconds West (N 20°26'02" W), a distance of 55_`.76 feet; thence 15] North 32 degrees 40 minutes 06 seconds West (N 32°40'06" W), a distance of 479.34 feet; thence 16] North 40 degrees 03 minutes 42 seconds We st (N 40°03'42" W), a distance of 183.48 feet; thence 17] North 17 degrees 42 minutes 56 seconds West (N 17°42'56" W), a distance of 744.93 feet; thence 18] North 09 degrees 05 minutes 41 seconds West (N 09°05'41" W), a distance of 567.76 feet; thence 19] North 13 degrees 28 minutes 04 seconds West (N 13°28'04" W), a distance of 297.39 feet to a point on said North-South Centerline of said Section 12; thence North 00 degrees 11 minutes 14 seconds West (N 00°11'14" W), a distance of 261.19 feet to the true point of beginning. -15- Bno10904 i" u 739 Colorado Highway No. 82 Right -of -Way A parcel of land situated in the NE1/4NW1/4 and in Lots 5,6,7,10,11,16, and 20 of Section 20 and in Lot 2 of Section 29, all in township 7 South, Range 88 West of the 6th P.M., county of Garfield, State of Colorado, said parcel being more particularly described as follows: Beginning at a point on the Southerly Right -of -Way line of Colorado State I-Iighway No. 82 and its intersection with the West line of Said NE1/4NW1/4 whence the Northwest corner of said Section 20 bears North 47 degrees 24 minutes 11 seconds West (N 47°24'11" W), a distance of 1785.35 feet; thence North 00 degrees 05 minutes 52 seconds East (N 00°05'52" E), a distance of 424.98 feet to a point on the Northerly Right -of -Way line of said Colorado State Highway No. 82; thence along said Northerly -Right -of -Way line the following eight (8) courses 1] South 35 degrees 21 minutes 30 seconds East (S 35°21'30" E), a distance of 2312.28 feet; thence 2] South 18 degrees 39 minutes 30 seconds East (S 18°39'30" E), a distance of 104.40 feet; thence 3] South 35 degrees 21 minutes 30 seconds East (S 35°21'30" E), a distance of 1600.00 feet; thence 4] South 52 degrees 03 minutes 30 seconds East (S 52°03'30" E), a distance of 104.40 feet; thence 5] South 35 degrees 21 minutes 30 seconds East (S 35°21'30" E), a distance of 495.00 feet; thence 6] along a curve to the left having a radius of 5730 feet, arc length of 435.91 feet, delta angle of 04 degrees 21 minutes 31 seconds (04°21'31"), a chord bearing of South 37 degrees 36 minutes 30 seconds East (S 37°36'30" E), and a chord length of 435.81 feet; thence 7] South 39 degrees 51 minutes 30 seconds East (S 39°51'30" E), a distance of 455.00 feet: thence 8] South 52 degrees 59 minutes 30 seconds East (S 52°59'30" E), a distance of 44.97 feet to a point on the East line of said Lot 16; thence South 01 degrees 30 minutes 51 seconds West (S 01°30'51" W), along said East line a distance of 94.50 feet to the Southeast corner of said Lot 16; thence South 01 degrees 21 minutes 57 seconds West (S 01°21'57" W), along the East line of said Lot 2 of said Section 29 a distance of 462.08 feet to a point on said Southerly Right -of -Way line; thence along said Southerly Right -of -Way line the following five (5) courses: 1] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), distance of 3904.20 feet; thence 2] South 88 degrees 33 minutes 59 seconds East (S 88°33'59" E), a distance of 62.27 feet; thence 3] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), a distance of 652.28 feet; thence 4] South 00 degrees 11 minutes 56 seconds East (S 00°11'56" E), a distance of 87.27 feet; thence 5] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), a distance of 1191.18 feet to the point of beginning. -16- Beo►0904,v; (40 Also excepting from the above described property A parcel of land situated in Lot 1 and 6 of Section 13, Township 7 South, Range 89 West and in Lots 4,6, and 9 of Section 18, 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: Beginning at a point on the Easterly line of the lease and agreement for the sale and purchase of Gravel; parcel whence the North 1/4 corner of said Section 13, an axle in place bears North 80 degrees 09 minutes 24 seconds West (N 80°09'24" W) a distance of 2469.81 feet; thence leaving said Easterly line South 86 degrees 54 minutes 40 seconds East (S 86°54'40" E), a distance of 90.38 feet; thence North 83 degrees 12 minutes 17 seconds East (N 83°12'17" E), a distance of 112.38 feet; thence North 48 degrees 46 minutes 15 seconds East (N 48°46'15" E), a distance of 165.45 feet; thence South 44 degrees 59 minutes 32 seconds East (S 44°59'32" E), a distance of 246.06 feet; thence South 82 degrees 13 minutes 10 seconds East (S 82°13'10" E), a distance of 210.86 feet; thence South 40 degrees 56 minutes 54 seconds East (S 40°56'54" E), a distance of 296.12 feet; the.nce South 37 degrees 16 minutes 31 seconds East (S 37°16'31" E), a distance of 360.84 feet; thence South 44 degrees 29 minutes 09 seconds West (S 44°29'09" W), a distance of 47.14 feet to a point on said Easterly line of said lease and agreement parcel; thence along said Easterly line the following seventeen (17) courses: 1] North 52 degrees 21 minutes 15 seconds West (N 52°21'15" W), a distance of 35.90 feet: thence 2] North 74 degrees 03 minutes 06 seconds West (N 74°03'06" W), a distance of 68.83 feet; thence 3] North 69 degrees 18 minutes 14 seconds West (N 69°18'14" W), a distance of 76.28 feet; thence 4] North 58 degrees 42 minutes 41 seconds West (N 58°42'41" W), a distance of 86.11 feet: thence 5] North 66 degrees 35 minutes 27 seconds West (N 66°35'27" W), a distance of 54.01 feet; thence 6] North 67 degrees 05 minutes 38 seconds West (N 67°05'38" W), a distance of 73.67 feet; thence 7] North 50 degrees 09 minutes 46 seconds West (N 50°09'46" W), a distance of 64.52 feet; thence 8] North 51 degrees 46 minutes 39 seconds West (N 51°46'39" W), a distance of 131.35 feet; thence 9] North 52 degrees 18 minutes 07 seconds West (N 52°18'07" W), a distance of 96.50 feet; thence 10] North 52 degrees 49 minutes 53 seconds West (N 52°49'53" W), a distance of 56.67 feet; thence 11] North 63 degrees 33 minutes 32 seconds West (N 63°33'32" W), a distance of 80.52 feet; thence 12] North 69 degrees 19 minutes 37 seconds West (N 69°19'37" W), a distance of 71.02 feet; thence -17- B OK0904,'df,F741 13] North 58 degrees 15 minutes 43 seconds West (N 58°15'43" W), a distance of 56.28 feet; thence 14] North 57 degrees 18 minutes 29 seconds West (N 57°18'29" W), a distance of 62.81 feet; thence 15] North 59 degrees 30 minutes 17 seconds West (N 59°30'17" W), a distance of 68.30 feet; thence 16] North 65 degrees 43 minutes 26 seconds West (N 65°43'26" W), a distance of 93.55 feet; thence 17] North 54 degrees 12 minutes 24 seconds West (N 54°12'24" W), a distance of 91.37 feet to the point of beginning; and containing 5.417 acres more or less. Excepting also the Denver and Rio Grande Western right-of-way being described as follows: A parcel of land situated in the NEI/4NW1/4 and in Lots 5,6,7,10,11,16, and 20 of Section 20 and in lot 2 of Section 29, all in 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: Beginning at a point on the Northerly Right -of -Way of the Denver and Rio Grande Western Railroad at its intersection with the Westerly line of said NE1/4NW1/4 whence the Northwest corner of said Section 20 bears North 47 degrees 24 minutes 11 seconds West (N 47°24'11" W), a distance of 1785.35 feet ; thence along said Right -of -Way the following five (5) courses: 1] South 35 degrees 09 minutes 16 seconds East (S 35°09'16" E), a distance of 1191.18 feet; thence 2] North 00 degrees 11 minutes 56 seconds West (N 00°11'56" W), a distance of 87.27 feet; thence 3] 4South 35 degrees 09 minut es 16 seconds East (S 35°09'16" E), a distance of 652.28 feet; thence 4] North 88 degrees 33 minutes 59 seconds West (N 88°33'59" W), a distance of 62.27 feet; thence 5] South 35 degrees 09 minutes 16 seconds East (S 35°09'16" E), a distance of 3904.20 feet to a point on the Easterly line of Lot 2 of said Section 20; thence along said Easterly line South 01 degrees 21 minutes 57 seconds West (S 01°21'57" W), a distance of 168.04 feet to a point of intersection of the Southerly Right -of -Way line of said Denver And Rio Grande Western Railroad and said Easterly line of Lot 2 ; thence along said Southerly Right -of -Way line the following five (5) courses: 1] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), a distance of 4113.48 feet; thence 2] North 88 degrees 33 minutes 59 seconds West (N 88°33'59" W), a distance of 62.27 feet; thence 3] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), a distance of 217.72 feet; thence 4] North 00 degrees 11 minutes 56 seconds West (N 00°11'56" W), a distance of 87.27 feet; thence -18- 8b0009O4 ()AG!. 742 5] North 35 degrees 09 minutes 16 seconds West (N 35°09'16" W), a distance of 1192.75 feet to a point on said Westerly line of said NE1/4NW1/4 of Section 20; thence along said Westerly line North 00 degrees 05 minutes 52 seconds East (N 00°05'52" E), a distance of 173.26 feet; to the point of beginning; and containing 13,937 acres more or less. The Board of Directors shall tike such steps and proceedings as the needs of the Aspen Glen Water & Sanitation District require. Within thirty (30) days after the date hereof, the District shall transmit to the County Clerk and Recorder of Garfield County, Colorado, to the Division of Local Government, and to the County Assessor of Garfield County, certified copies of this Order and Decree, together with the Resolution of Approval of the Board of County Commissioners of Garfield County which is incorporated herein. Done in open Court this ,j // day of May, 1994. District Court' Judge DISTRICT COURT OF GA,RFIE•.COOROADNTY .3LENWOOD SPRINGS, Certified to be a f uII, true n9d correct copy of the original in my. ^u • . dy. C '"2. 6' 100.: Dated • . J.!rr nuc•— Clirk _1 Deputy ay -19- ' cE `..r L' l =L •.. :•-fTAG CER`1aC/V a; I certify ti,. ,,iall forec;c.,, , ,;� ti l .(,j Partici,/C� ouns this day of L� 20 RECORDED E.. " NOV 5 1997 REC i; ,;),j MILDRED .8LSDORF, COUNTY STATE OF COLORADO COUNTY OF GARFIELD ) )ss. At a regular Commissioners for Garfield County, in Glenwood Springs on Monday the there were present: when the to -wit: Arnold L. Mackley Marian I. Smith Elmer (Buckey) Arbaney Don K. DeFord Mildred Alsdorf CLERK meeting of the Board of County Colorado, held at the Courthouse 2nd day of November, A.D., 1992, , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk to the Board following proceedings, among others were had and RESOLUTION NO. 92- 096 done, RESOLUTION CONCERNED WITH VACATING ANY PUBLIC RIGHTS IN A ROAD CROSSING SIEVERS RANCH, GENERALLY LOCATED IN PROXIMITY TO COUNTY ROAD 109 WHEREAS, the Board of County Commissioners of Garfield County has been requested to vacate and relinquish any claim of the public in a road crossing private property as described below; and WHEREAS, the road set forth below is no longer needed as a public right-of-way; and WHEREAS, the Board of County Commissioners of Garfield County is entitled to vacate the rights and claims of the public to any road pursuant to the provisions of Section 43-2-301(1)(b), C.R.S., as amended. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, as follows: 1. That to the extent Garfield County or the public may claim or hold any right in the road crossing Sievers Ranch as described in Exhibit A attached hereto, said road is hereby vacated as a public right-of-way. 2. That pursuant to the foregoing vacation, and to the extent that said road may be a public right-of-way, such right-of- way shall vest in title to the adjoining property as set forth under the provisions of Section 43-2-301, et seq., C.R.S., as amended. 1 3. That the foregoing vacation does not leave any property adjoining said road without an established road connecting said land with another established public road. 4. That the vacation of the foregoing road does not leave any public land without access to a public road. 5. That Garfield County hereby reserves the right for continued use of said road for public utility purposes to the extent that utilities are currently in place and utilizing said road. DATED this 2nd ATTEST: day of November, 1992. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By lerk to the Boar. d-• Chairman • Lr Upon motioin';duly made and seconded the foregoing Resolution was adopted by..the'following vote: Arnold L. Mackley Marian I. Smith Elmer (Buckey) Arbaney STATE OF COLORADO COUNTY OF GARFIELD Commissioners ) ) ss. Aye Aye Aye I, Mildred Alsdorf, County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners '2 ,7 booK 4 F cE61? EXISTING PRIVATE ROAD DESCRIPTION ALQNG APPROXIMATE c YERLINE OF ABANDON I MIDLAND RAILROAD A STRIP OF LAND BEING THE EXISTING PRIVATE ROAD OVER TUE APPROXIMATE CENTERLINE OP THE ABANDONED MIDLAND RAILROAD BED, SITUATED IN LOTS 5, 6, 7, 8, 11, AND 12 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 89 WEST AND IN LOIS 16 AND 17 OF SECTION 18, AND IN LOTS 3, 4, 5, 6, 7, AND 9 OF SECTION 19, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF TOE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PRIVATE ROAD BEING APPROXIMATELY 12 FEET IN WIDTH, THE APPROXIMATE CENTERLINE OF SAID PRIVATE ROAD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13, AN AXLE TN PLACE; THENCE S 42'45'12" E 2564.81 FEET TO A POINT ON THE SOUTHERLY EDGE O' AN EXISTING GRAVEL ROAD REFEREED TO IN RECEPTION NO. 280985 OF THE GARFIELD COUNTY CLERit AND RECORDER'S RECORDS, ALSO BEING A POINT ON SAID CENTERLINE, E t THENCE S 03408'42" E ALONG SAID CENTERLINE 76.81 FEET THENCE CONTINUING ALONG SAID CENTERLINE S 30423'57" E 1756.70 FEET; THENCE CONTINUING ALONG SAID CENTERLINES 3.0'37'18" E 2488.98 FEE'S.'; THENCE CONTINUING ALONG SAID CENTERLINE S 30'08'45" B 1152.27 FEET TO A POINT ON THE NORTHEASTERLY RIGHT -OF --WAY OF COUNTY ROAD NO, 209, la IBEE4N112; WHENCE THE NORTE QUARTER CORNER OF SAID SECTION 13 BEM N 3.4 08'20" W 7962.68 FEET. 4/27/92 REV. 4/28/92 91042.001 (AFFECTING ?'MOBIL PRE -MIX) EXHIBIT "A" RECORDED AT • ='"' O'CLOCK t2 . M . .3 jfi%-v,, REC. fr 412740 MILDRED ALSDCRF• COUNTY CLERK CARFIELD COUNTY. COLORADC AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT HEi.EN BOND as General Partner of SIEVERS RANCH AND DEVELOPMENT COMPANY and AUGUST T. ZANCANEI.LA, the undersigned Aftianls being first duly sworn upon thereof', depose and state as follows: 1. The Sievers Ranch and Development Company is the owner of real property in the unincorporated area of Garfield County, -which is described in a Quit Claim Deed recorded on January 8, 1987, in Book 703 at Page 121 as Reception No. 377996 of the Garfield County records. August T. 7.ancanclla is the owner of real property in the unincorporated area of Garfield County which is described in a Warranty Deed recorded on May 8, 1950. in Book 250 a! Page 271 as Reception No. 172106. 3. The respective owners are de%irous of adjusting the boundary lines of our property and the Affiants sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 4. The respective owners have exchanged quit claim deeds with each other for the purpose of adjusting their boundaries, which deeds were recorded on February 26, 1990, as Reception Nos. 410221 and 410222 in the records of Garfield County. 5. The Affiants hereby represent that no new 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. 6. The Affiants hereby represent that neither of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record. 7. The Aftiants hereby represent that the boundary line adjustment made reference to herein will not cause the loss oi' access by road or to utilities, to any parcel of property involved. 8. The Affiants hereby represent that a copy of this Affidavit will be recorded with the Garfield Count C'!erk and Recorder. FURTHER AFFIANTS SAYJETH NOT. rJ DONE this ' `' "day of , 1990. SIEVERS RANCH ANI) DEVFLOI'MMEN'F COMPANY 13y:� Helen I3ond as General Partner Augu 1'. Zancanella STATE OF COLORADO • " G; A R F/1--'417 ). ss. COUNTY OF hRIEMEtriE ) &IOK 779 re.t485 The foregoing document was sujscribed and s orn to before me in the County of Arapahoe. State of Colorado, this / day of ', 199.0, by Helen Bond as General Partner of Sievers Ranch and. Develop pnt Company. • -). •-' WI'-114iESS my hand and official seal. -M cbmmission expires: / r �7 y r, STATE OF MONTANA ) ) ss. COUNTY OF YELLOWSTONE ) N vtary Public The foregoing document was sub ibed and sworn to Before me. in the County of Yellowstone, State of Montana, this ay of 6 by August T. Zancanella. . WITNESS my hand and official seal. My commission expires: az-294,A_/! /9q/. , 1990, NOTARY PL.'!=.i_i: for r.o of Montana Residing nt Elillinr;, Montana My 9ommIssion ratober i, iL Recorded at Reception No. QUIT CLAIM DEED THIS DEED, Made this a3 of � Qom. , 1986 hetwren, Dorothy Holmes Spratlin in Joint Tenancy 'lith Car 01son and Helen Miller, Lee Holmes, Harleigh R. Holmes, Jr., Harleigh R. Holmes; IIx, Deborah :,nn Holmes, and Helen Boncl of the • *County of • and State of Colorado, erantor(s), and The Sievers Ranch and Development Company; a•Colorado General Partnership whose legal address is of the 7149 South Curi:ice Street, Littleton, Colorado 80120 County of Arapahoe - GARFIELD JAN 0 8 1987 State Doc. Fee and State of Colorado, grantee(3q, WITNESSETH, That the grantor(s), for and in consideration of the um of Ten Dollars ($10.00) and other good and valuable consideration DOLLARS the receipt and sufficire.y of which is hereby acinawictiged, have remised, released, sold, consayed and QUIT CLAIMED, ants: uy these presents do remiss. release. sell. convey anti QUITCLAIM unto the grantee . its heirs, successors anrt:tistgns; forever, all the right. title. Interest, claim and demand which the grantor(s) have ht and to the real property, r.,igciher with impro ontenin, if any. situate, lying and befog in the County or Gar fa.eld arid Stated Colorado. described as follows: - 'nr�a k -,k -i See attached Exhibit 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(s), either in law or equity, to the only proper use, benefit and behoof of the grantec(s), its heirs and assign's forever. LN\VITNI SS W IEREOF, Thetgrta nr(a) have executed this deed on) date set forth above. f �f Dorot 9 roes S rat its : Carol O eJ,en »1 1, e ebora. 1 nn DA. o1ries (/ STATE OF COLORADO, County of The foregoing in: truntent wax acknowledged before me this by Dorothy Holmes Sp.ratlin, Carol Olson, Helen Miller, Lee Holmes, .Harleigh Holmes, :Jr.; Harleigh R. Holmes', III; Deborah Ann lIolmes, and Helen Bond. �WG1t2I/�I� p( Harei ifR,olmes, III 7 Helen Bond • • of 3 ,day of ,19 36 , r7yli.�omyr?i»ion expires , 19 . Witness n hand and official seal. 5 �ti�(g 9 ,y No. 933. Rev. 345. • QUIT CLAIM DEED nradro:d Pobliicing, 514'5 W 60, Are.. Iake,OOd, CO 8021 • Nalay I'�Elie —(303) '233.6900 Br( '7'O3 P!eE122 EXHIBIT "A" Lot Twenty` -three (23), Lot 'twenty -Alva (25), in Section numbered Twelve (12); Lot On. (1), Lot Three (3), Lot Four (4), Lat Six (6), Lot Seven (7), Lot Eight 18), Lot Nin.: (9) Lot Ten (10), Lot Elo,e7n (11), Lot 7welve (12), Lot Thirteen (13),, La Fourteen . (14). Lot Fifteen (15), and Lot Sixteen (16) in Section numbered Thirteen (13);'Lot One (1) and Lot Two (2) in Section nutmbereyd Twenty -four -(24), except all of that land In Lot Two (2) Section Twenty-four (21.), Township Seven (7) Soth, Range Eighty-nine (139) Wsat of the Sixth P.M. in Garfield County, lying and being Southerly of a line described ago follows' Beginning at a point where the praeent Cryetal River Ranch fence line croesee the Easterly boundary of said Lot Two (2), thence West,. 33° North to the Westerly Boundary of Lot Two (2), containing Approximately 11 acres, more or Les; All in Township Seven (7) South, Range Eighty-nine (89) Weet of the Sixth PA.H. Lot Four (4), Lot Hine (9), Lot. Ten (10), Lot Elven (11), Lot Fourteen (14), Lot Fifteen (15), Lot Sixteen (16), Lat Seventeen (17) and all that portion of the South One -Halt Svuthaaet ane -Quarter (S SEk) except as to the North 10 acres of the South - went One -Quarter Southeast Cin -Quarter (SW454), situate on the Westerly end Southerly sides of the channel or the Roaring Fork River, all in Section numbered Eighteen (18), and Lot One (1), Lat Throe (3),i Lot Four (y), Lot Five (5), Lot Six (6), Lot Seven (7) and Lat Ten (10) , and all that part of the Northeast One-quarter Northeast One- quarter (11ELHF,i) elttt+ate on the southwesterly aide of the channel of the Roaring Fork• River, and all that part of Lot numbered Light (8), Lot Nine (9), Lot Eleven (11), Lot Twelve (12), Lot•Fifteemn (15), Lot Sixteen (16) and Lot Seventeen (17) situate Northeasterly of a line described ar beginning at . th., corner common tc Section% numbered Nineteen (19), Twenty (20), Twenty -sine (29) and Thirty (30) in•Townahip Seven (7) South, Range Eighty -night (11) West of the sixth P.H.1 'thanc■ North 605.9. feet; thence Tia%th 32°31+ )':sat 1283 feet; thence Hart"; 47°20i West, 1561.8 fret and thong. North 91 571 West to the Township line between Rengem numbered Eighty --sight (88) and Eighty.. nine (89) West, all in Section Nineteen (19), and all that part of Lot Eight (8), Lat Nine (9) and Lat Thirteen (13) in Section Twenty .(20) , lying Westerly of the center line of the Roaring Fork River, all in Township Seven (7) South, !Range Eighty-eight (88) West of the Sixth P.M. tot,ethsr with ail anti sinwtsl"r the rights therein, fixtures thereon and appurtenances thereunto belonging or In anyrsise appertaining, whether now or hereafter acquirexl, which ahAU include, without limiting the generality of the foregoing, the fallowing: All of the rents, issues and profits, including e11 rent.; royalties, bonuses or other income under any existing or future oil, gas or mine or other leaver; all easernenta and rights of wry; and all rights of homestead exemption, and A11 water, water rights, whether riparian, approprlative or otherwise and whether or not ap- purtenant, all ditch rights, and any shares of stock evidencing any such water or ditch right, and All leases, permits, allotments, licenses and privileges, whether or not appurtenant, from the United States or the State of Colorado, or any Department or other a envy of either for g-raxint, feeding, pasturing or agricultural purposes un any of the public lands of the United States or the State of Colorado, and All buildings and the plumbing, heating, ventilating and lighting systems and equipment therein; all barn equipment; and all punips, pumping stations, muton, switch boxes end trttus- forretero; engines, macleinrry, reservoir., puree, titmice, and other cquiJment used fur tier pro- duciiun of realer rets navel ureuurm or for die trr►sstient or drv.:taxe thereof, end any such *intern ur enkuiprnnrit sluff l,r cumin cid and eaon•_:.lsrs+d as atoned 11 :1nd part ul Um realty and subject to ell provisions. hereof. Recorded at 4 :35 o'clock 1' Reception No. .2454 (.,, .._ February 2, 1970 Book 407 Ci}las . 8 .�f~egar Recorder. Page 399 THIS DEED, Made this 23rd day of April• - between • UNION OIL COMPANY OF CALIFORNIA, - 19 69 a corporation duly organizedtand existing under and by virtue of the laws of the State of. California of the first paft, and THE SIEVERS RANCH AND DEVELOPMENT COMPANY,- .• RECORDER'S' STAMP STATE AOCUMEHTAAY FEE FE,B2 :. 9 P/ U cC) a' corporation duly organized and existing under and bi virtue of the laws r of the state of •Colorado of the second part; • WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and,valuabla consideration >}ci.7:7CSti to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described lots or parcel s of land, situate, lying and being in the _ County of GarfLeld and State of Colorado, to -wit: it A tract of land situated in Lot 18 of Section 12, Township 7 South, Range . 89 West of the 6th Principal Meridian lying southwesterly of the center- rip f//r line of the RoaringFork River and northeaster 6"t northeasterly of the southerly and westerly lines of said Lot 18, said tract being described as follows: Beginning at a point in the center of said river, said point being on ;t, •-- �:r _' ._ _pec,J�y the southerly line of said Lot 18, whence a brass cap found in place and properly marked for the southeast .;�? corner of said Section 12 bears S. `f.; - .-' 25049153" E. 811.45 feet; thence S. 89°12'51" W. 500.00 feet along the southerly line of said Lot 18 to the southwest corner of said Lot 18; thence N. 00°04'00" W. 1097.29 feet along the westerly line of said Lot 18 to a point in the center'of said river; thence S. 22°11'50" E.. 38.17 feet along the center of said river; thence S. 29°11'47" E. 548.58 feet along the center of said river; thence S. 28°19'57" E. 219.41 feet along the center of said river; thence S. 16043'17" E. 400.00 feet along the center of said river to a point on the southerly line of said Lot 18,.the point of beginning, and containing 7.042 acres, more or less. A tract of land situated in Lot 6 of Section 18, Township 7 South, Range 88 West of the 6th Principal Meridian lying southwesterly of the centerline of the Roaring Fork River and northeasterly of the southerly and westerly lines of said Lot 6 said tract being described as follows: Beginning at a point in the center of said river, said point being on the southerly line of said Lot 6 whence an iron post with a brass cap found in place and properly sparked for the northeast corner of Section 13 being the same as the southeast corner of Section 12 in Township 7 South, Range 89 West of the 6th Principal Meridian bears N. 47°18'32" W. 936.72 feet; thence N. 89°39'51" W. 473.52 feet along the southerly line of said Lot 6 to the southwest corner of said Lot 6; thence N. 00°30'11" E. 619.60 feet along the westerly line of said Lot 6 to a point in the center of said river; thence S. 37°04'42" E. 616.06 feet along the center of said river; thence S. 36°27'02" E. 162.68 feet along the cen- ter of said river to a point on the southerly line of said Lot 6, the point of beginning, and containing 3.380 acres, more or less. A tract of land situated 'in Lot 7 of Section 18, Township 7 South, Range 88 West of the 6th Principal. Meridian lying southwesterly of the • centerline of the Roaring Fork River, said tract being described as fol- lows: Beginning at the southwest corner of said Lot 7, said corner being on. the east -west centerline of said Section 18 whence an iron post with a • brass cap found in place and properly marked for the northeast corner of Section 13 being the same as the southeast corner of Section 12 in Town- ship 7 South, Range 89 West of the 6th Principal Meridian bears N. 43°59'03" W. 1959.01 feet; thence N. 00°26'05" E. 231.33 feet along the westerly line of said Lot 7.to a point in the center of said river; thence S. 58°14'25" E. 273.30 feet along the center of said river; thence S. 34°51'52" E. 108.37 feet along the center of said river to a point on the southerly line of said Lot 7; thence N. 89°43'12" W. 296.08 feet along . the southerly line of said Lot 7 to the southwest corner of .said Lot 7, the point of beginning, and containing 0.920 acres, more or`1ess, Book 407 Rage 400 TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in Iaw or equity, of, in and to the above bargained prernises,'with the hereditaments and appurtenances. • - TO HAVE AND TO HOLD the. said premises above "bargained and described, with the appurtenances unto the said party- of the second part, its successors and assigns forever.:And the'said. UNION OIL COMPANY OF CALI- FORNIA, party of the first part, for itself, its successors and assigns, doth covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these pres- ents it is wellseized of the premises above conveyed, as of good, .sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and bath good• right, full power and lawful authority to grant,_ bargain, sell and convey the same in manner and form aforesaid, and that the same are free'and clear from all former and other - grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever; subject to any.existing easements and previous reservations of minerals, if any, and except .for 1969 taxes, and the above'bargained premises in the quiet and peaceable possession of the said party of the second part, its suc- cessors and assigns against all .and" every person or persona lawfully claiming or to claim the whole, or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto sub- scribed by its • •VICE E=president, and its corporate seal to be hereunto affixed, attested by its Asslstan' secretary, the day and year ffrst' abo re written: Attest: - - . • 'r,,, k, e. __ .. i.:r": • . r•!�y (--1---- . . P. secretary. VICE- Prenteent. •r 5TA• - (] TAse■ . The joregtfin i 19 49 fby ::� E. H. Golisoh " Union Oil Company: of Califorf18. CHARLES F. PARKER zfl. egged before me this 29 Jr*- day of sip. .r.fcen) Charles F. Parker as . jZt.eJt- President and as Assistant Secretary of 41F-0 ' ssoc►rial commission expires ► . � n r� P • Witness my hand and nFfi.' No. 767. WARRANTY DEED—Corporation to Corporation. ■ —8rndford•aobl.+on` .r• a corporation. Notary Pubtlo_ TARY PUBLIC -SLE. mixteR LiJIRAgtgygt, CALIFORNIA nrcr My Commission Expires April 7,1972' olorado R 45 Book 384 Page 358 Recorded at 1:30 P.M. May 19, 1967 Reception No. 237942 Chas.S.Keegan,Recorder. WARRANTY DEED THIS DEED, Made this 1st day of May in the year of our Lord one thousand nine hundred and sixty-seven between NEIL S. MINCER and ERVEN T. LARSON of the County of Garfield and State of Colorado, of the first part, and UNION OIL COMPANY OF CALIFORNIA, a corporation organized and existing under and by virtue of the laws of the State of California, of the second part: WITNESSETH, That the said parties of the first part, for and in consid- eration of the sum of Ten Dollars and other valuable considerations to the said parties of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all of the following described lots or parcels of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Parcel No. 1: Lots 6, 7, 8 and 9 of Section 7, Tp. 7 S., R. 88 W. of the 6th P.M.; Lot 31 of Section 1 and Lots 1 and 10 of Section 12, Tp. 7 S., R. 89 West of the 6th P.M. Lots 3 and 4 in Section 7 and Lots 2, 3, 6 and 7 in Section 18, Tp. 7 S., Range 88 W. of the- 6th P.M. and Lots 11, 17 and 18 in Section 12, Tp. 7 S., R. 89 W. of the 6th P.M., except an undivided 1 /50 of all oil and gas lying in and under said lands previously reserved in Document No. 176326, in Book 258 at Page 594 of the Garfield County Records. All that portion of Lot 5 inSection 7, Lot 1 in Section 18 and Lot 5 in Section 17, Tp. 7 S., R. 88 West of the 6th P.M. situate South and West of a line beginning at a point on the East line of said Lot 5 in said Section 17, South 61°2' East 927.45 feet from the Witness corner common to Sections 7, 8, 17 and 18 in said Township and Range; thence North 61°2' West 927.45 feet; thence North 47°5' West 631 feet; thence North 63°40' West 138 feet; thence North 86°15' West 403 feet, and thence North 13° West to the North line of said Lot 5 in said Section 7. Excepting the six and one-fourth per cent (64%) royalty from out of all the oil, gas and other minerals produced and saved from Book 384 the above-described lands conveyed to T. M. Sanders by Quit Page 359 Claim Deed recorded as Document No. 228037 in Book 362 at Page 445 of the Garfield County Records. Excepting all those portions of the above-described lands previously conveyed by deeds recorded as Document No. 28929 in Book 61 at Page 389, Document No. 30018 in Book 64 at Page 31, Document No. 37559 in Book 79 at Page 100, Document No. 161436 in Book 221 at Page 374, Document No. 161654 in Book 226 at Page 255, Document No. 161828 in Book 229 at Page 541, Document No. 225543 in Book 358 at Page 91, and Document No. 237215 in Book 382 at Page 317 of the Garfield County Records. Together with all water and water rights, ditches and ditch rights appurtenant to, used upon or in connection with any and all of the above-described lands and particularly, but not limited to, all of the Grantors' right, title and interest in the Staton Ditch, its enlargements and extensions and water priorities and water rights. Also, the Louis Walker spring and all rights granted in said spring by Document No. 41194 in Book 80 at Page 243 of the Garfield County records, and all water and water rights represented by 386 shares of the capital stock of the Glenwood Irrigation Company. Together with all reversionary rights or interests to which the first parties might become entitled by reason of relinquishment or abandonment of any and all easements or rights-of-way running through the lands above described, or any part thereof. Parcel No. 2: All of Lots numbered 12 and 13 in_Section 28, and all of Lots numbered 1, 8, 9, 10 and 11 in Section 29, Township 7 South, Range 88 West of the 6th P.M., excepting those portions con- veyed out by the following Documents as recorded in the Garfield County records, to -wit: Document No. 27427, recorded in Book 61 at Page 5; Document No. 35201, recorded in Book 75 at Page 123; Document No. 168799, recorded in Book 243 at Page 391; Document No. 226000, recorded in Book 359 at Page 7. All of that portion of Lots 12, 13 and 19 of Section 29, Township 7 South, Range 88 West of the 6th P.M. lying Northerly and Easterly of the following -described line: Beginning at a point whence the Quarter Corner between said Sections 28 and 29 bears N. 11°16'45" W. 2401.69 feet; thence S.89°44' W. 401.35 feet; thence S. 86°30' W. 156.73 feet; thence N. 70°03' W. 114.48 feet to a point on the Southerly line of said Lot 19; thence N. 70°03' W. 409.79 feet; thence N. 70°30' W. 354.28 feet; thence N. 69'10' W. 188.49 feet; thence S. 28°56' W. 305.48 feet; thence S. 29°10' W. 66.09 feet to a point on the Southerly line of said Lot 19; thence West 291.29 feet along the Southerly line of said Lot 19; thence N. 11°04' E. 308.89 feet; thence N. 14°00' W. 306.64 feet; thence N. 54°10' W. 258.35 feet; thence N. 66°09' W. 397.79 feet; thence N. 45°18' W. 884.34 feet; thence N. 71°35'30" W. 277.32 feet; thence N. 44°21' W. 273.84 feet; thence N. 39°08' W. 214.11 feet to a point on the Westerly line of said Lot 13. Together with all improvements thereon and all ditch and ditch rights, water and water rights used upon or in connection with all of the above-. 2 Book 384 Page 360 described lands, including all ditch and water rights in the Kaiser and Sievers Ditch and in the Southard and Cavanaugh Ditch, - and including the five cubic feet of water per second of time for which decree was entered in Civil Action No. 5967 of the District Court in and for the County of Garfield and State of Colorado for change of point of diversion to the headgate of the Southard and Cavanaugh Ditch, Together with all reversionary rights or interests to which the first parties might become entitled by reason of relinquishment or abandonment of any and all easements or rights-of-way running through the lands above described, or any part thereof. Together with 38 shares of the capital stock of the North Thompson - Four Mile Mineral and Land Corporation and a 28 -head cattle grazing permit on the White River National Forest. Subject to a reservation by Lillian I. Coryell, Perry C. Coryell and Perry L. Coryell, jointly, their heirs and assigns, in perpetuity, a seven per cent (7%) royalty from and out of all of the oil, gas and other minerals produced and saved from said lands, said royalty to be delivered and paid to them, their heirs or assigns, free of costs of production. Subject to a reservation by Lillian I. Coryell to herself, and to her heirs and assigns of -an easement or right-of-way in common with the above-named grantee, its successors and assigns, over and along the roadway now in use between the county road across said Lot s 12 and 13 in said Section 28 to the land of the said Lillian 1. Coryell described as Lot 25 in said Section 28. This conveyance is subject to all existing easements and rights- of-way for roads, ditches and utility lines across said lands, or any portion thereof; and is also subject to that certain deed of trust recorded in Book 363 at Page 35, Document No. 228222, of the Garfield County Records, which deed of trust, and the balance of the indebtedness secured thereby, the said party of the second part hereby assumes and agrees to pay. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, its successors 3 Sook 384 l'a ze 361 and assigns forever. And the said parties of the first Dart, for themselves, their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, That at the time of the enscaling and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee single, and have good right., full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the sante are free and clear front all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except the Deed of Trust above-described and except the taxes for 1967 due in 1908, all of which the grantee herein assumes and agrees to pay, and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its successors and assigns, against all and every -person or persons lawfully claim- ing or to claim the whole or any pari thereof, the said parties of the first part shall and will. WARRANT AND FOREVER DEFEND, IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written, 5ii 741 -40414 -44 -?' 41•4.s+ 't- � (SISAL) --Pt;h r.* J 77' 4 1 (SEAL) STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD Tim foregoing instrument was acknowledged before Die- this 19th day of i11 -Ly, 1967, by NEIL S. MINCER and ERVEN T. LARSON. ` q L. • WITNESS My hand and official seal. • 11V'y'comm'ssion expires August 18, 1970. Notary Public -4-