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HomeMy WebLinkAbout1.0 Exemption ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 i MAR 0 8 2007 BulLDlNG F' fVrV/IyG b Exemption from the Definition of Subdivision GENERAL INFORMATION (To be completed by the applicant.l p Street Address / General Location of Property: /JL $`i .3// R1 SLI; 816.5-.Z Legal Description of Parent Property: -7''S. 75D, 44,,'e , t Th /? ) SEcTv4 4' s5E SW ,S i/,1A4.,q/Z 7—AlrhRreFs‘%% sr44 a5T0 Size of Property (in acres) as of January 1, 1973: ./7/..S-7 j Current Size of Property to be Subdivided (in acres): j0/- /7 +/` Number of Tracts / Lots Created Including remainder of Parent Property: -Q.. Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: / containing _ f� acres Lot #: 2 containing /o0'~, acres • Lot #: containing acres • Lot #: containing acres o Lot #: containing acres Property's Zone District: 441e Name of Property Owner (Applican_.ta: Wes -1— t iVi De %v9,Uc// LLC • Address: a7g5 391 RI Telephone: $�6�' �/.T State: • City: 4.._ Zip Code: 8/63:2 FAX: fT7‘•-•d34/ • Name of Owners Representativejif any (Planner, Attorney: a W 'PF r Address: 4S iA A e V L City: State: Telephone: Zip Code: FAX: STAFF USE ONLY Doc No: Date Submitted: TC Date Ki3/1 a /1/4 -A4 0 -71/t..., /a7 5X i )7 11 )7V) 1 eJ5, 4•t.,'✓ i' D eej c f n/9/°Z1 c4,,' 1 2 1 1 1 1 1 1 6• V/d e.AJce or Sod laes VI d e ik e o f Ly 4z „mkt 0/ 9 — G,2// ei� *)fecci.gZ f Fe �;�7ccjic,J 1)/57;V/e% — v• / /rl /�Cd o FAi — -� Vii'!a�=5%� I: tvtl e % 4Ac rys 1-571,•)- F .Jrg b'. N.-- /40;165 bF- M-644-Wei°.5 .4,0d Le-sse�s 973 bi t/i dE 44CH (- L4 boLd i011, t",) e '4 joi y 27&5 3V1/ £/77 ? 11c I2&IA/7 bv- /0 g ".4(1)Oce (1 --C;;?.) Sik / - 6 30 i 44_1, g /4--s"/< 4"( e SO, vant-J, 7.4f- ifeSieltiice_ iS //oel 311 441, s,LT"- 4 . AoreATI d,t)s)573- off 4-44e /Tit 02 -t-/- 4e,4e.S. At A' ,/ -*A er14,,il .4- A Zi2; fe CAS e kr.)0-4177- A45 4 /Z 6/7/2,7e,s, 4::- e_ss, 4-dse ,(fr-vi 4-vd d-rj, 7tt (.4 cre./: cj") e .1) 7-4e, .ft.;vr kn•)/1:5' / i/ 3 71)e. 1°,,1e,4,71) I (A4r.sie-t45,,i) 74e A e 415 e e_ z4V.s A 4e -S) dtAx e ,411 /,-,1 4) ,J4 -ds 4.411e- 6:10 cdei th- /474(-11A(c. gilt/ 05;19/2005 15:41 FAX 19709419769 LARRY GREEN • 11111111111111111111111 II11N 11111111111111111111111111 57447'S 05/t8/20t 033(?P 81588 P650 11 ALSDORF 1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED ,-1A— THIS DEED, made this _ i ____ day of May, 2005, between DOW RIPPY and KATHARiNE RIPPY of the County of Garfield and State of Colorado, (Grantors), and WEST DIVIDE RANCH LLC, a Colorado Limited Liability Company, whose legal address is 2785 County Road 344, Sift, CO 81452, (Grantee): WITNESSETIL that the Grantors, for and in consideration of the sum of Ten Dollars and Other Gond 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 the 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: See Exhibit A attached hereto and made a part hereof. Also known as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the 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 the Grantee, its successors and assigns forever. The Grantors, for themselves, their heirs and personal representatives, do covenant and agree that they shall and will WARRANT AND FOREVER DPIEND the abovc- bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors. IN WITNESS WHEREOF, the Grantors have exeqedeed on the date set forth above. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) DOW RIPPY KA'HARINE RIPPY The foregoing instrument was acknowledged before me this ___ i 7S._�__ day of May, 2005, by DOW RIPPY and KA :,',., RIPPY. �issian`{biter [l\ i . -..C,c) ss ntlarod Ai (Alicia! seal. C._ tE, ",cr,_`' { Notary ' lic r5 �1'fCi cam'. Special Warranty De Rippy (Grantors)/ West Divide Ranch U.0 (Grantee) Page 1 Q14 05/19/2005 15:41 FAX 19709459769 LARRY GREEN 1 111111 111111 1111 111111 1111 111111 111 11111 1111 1111 674475 05/16/2005 03:30e 81688 ?651 M ALSDORF 2 of 4 R 21.00 D e.00 GARFIELD COutetY CO 1(/,J UWO A parcel located in Sections 23, 24 and 25, Township 7 South, Range 92 'Vest of the 6' P.M. more particularly described as follows: Section 23: Section 24: Section 25: N'/xSE.;',, SWY SE%, SE'i;SE% SW'Y, S'/iSE% W'lNE%, Sk:'/aNEW, E1/2NE'/a That portion of the E`/ NW'/a lying Easterly of the following described line being easterly of the County Road, to -wit: Beginning al a point on the North line of said Section 25 whence the Northeast Corner of said Section bears N. 89°45' E. 3143,0 feet; thence S. 4°32' W. 346.0 feet; thence S. 34°56' W. 464.6 feet; thence S. 1°49' W. 208.1E feat; thence S. 35"23' E. 140.0 feet; thence S. G4°12' E. 415.7 feet; thence S. 26°18' E. 184.0 feet; thence 5.3°48' E. 418.6 feet; thence S. 27'10'W. 199.0 feet; thence S. 8°49' W. 349.7 feet; thence S. 1 7°46' F. 331.5 feet to the south line of said E'/:N W `/,. 11tat portion of the NE'ANE% described as follows: Beginning at the Southwest corner of the NE'''/.1 of the NE'/ of said Section 25; thence along the Westerly line of the NE% of said Section 25, N. 00°37'26" E. 595.31 feet to a fence line as constructed and in place; thence S. 38°30'48" E, along said fence 80.86 feet; thence S. 33°40'19" E. along said fence 638.84 feet to a point on the Southerly line of the NE'% of the NE% of said Section 25; thence along said Southerly line S. 89°57'02" W. 411.03 feet to the point of beginning. The following parcels are excepted from the above described property, 10 wit: A parcel of land situated in the NW%NE'14 of said Section 25 described.as follows: Beginning at the Northeast comer of the NW% of the NE % of said Section 25; thence along the Easterly line of the NW 6 of the Nl %of said Section 25 S. 00°37'26" W. 726.57 feet to a fence line as constructed and in place; thence along said fence line N. 38'30'48" W. 928.45 feet to a point on the Northerly line of the N W % of the NE`/% of Section 25; thence along said Northerly line N. 89"59'44" E. 586.06 feet to the point of beginning. and A parcel of land situated in the S%N[% of said Section 25 described as follows: Beginning at the Southeast comer of the NE'% of said Section 25; thence S. 89°54'20" W. along the Southerly line of said NE' , 2262.42 feet; thence N. 03°19'02" W. 53.42 feet to a fence as constructed and in place; thence continuing along said fence N. 03'19.02" W. 379.26 feet; thence along said fence N. 07°19'12" W_ 324.44 feet, thence along said fence N. 00°43'20" W. 107.90 feet; thence along said fenec N. 11."47'10" E. 148.01 feet: thence along said fence N,26°24'48" E. 188.69 feet; thence along said Fence N. 33°42'59" E. 17691 feet to the Northerly tine of the 5' of the NE% of said Section 25; thence along the Northerly line of the S". -i of said NEV,, N. 59'57'02" E. 2132.91 1e . to the Easterly line of the S'i of the NEV„ of said Section 25: thence along the Easterly litre of the:: S!4 of the NE'1, of said Section 25. S. 00'4627" W. 1320.90 feet. to the point of b ginning, and R !pry 05./19/2005 15:41 VAX 19709459760 LARRY GREEN 111111111111111111111111111111111111111111111111111111 674475 05/18/2005 03:301' B1688 P6'S2 M ALSDORF 3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO 1¢]006 t1 A 2.322 acre parcel of land located in the East half of Section 25 and described in document recorded as Reception No. 346770 in Book 637 at Page 616. and A parcel of land in Sections 23 and 24, Township 7 South, Range 92 West of the 6' P.M. in Garfield County, Colorado and being more particularly described as follows: Beginning at the Section Corner common to Sections 23,24,25 and 26 in above -said Township and Range, said Corner being referenced by a Witness Corner Monument that bears S. 00°02'14" E. a distance of 33.00 feet; thence from the true position of said Section Comer N. 14°23'44" W. a distance of 36.11 feet to a point on the centerline of a well service road; thence along said well service road centerline the following twenty-seven (27) courses: 1. N. 49°26'44" E, 12.01 feet to a point on the west line of said Section 24; 2. N. 49°26'44" E. 62.59 feet; 3. S. 79°38'49" E. 94.82 feet; 4. N. 88°36'54" E. 84.47 feet; 5. N. 60°55'45" E. 64.56 feet; 6. N. 05°38'41" E. 109.07 feet; 7. N. 04°43'35" W, 300.06 feet; 8. N. 03°45'04" W_ 228.27 feet; 9. N. 02°56'40" E. 289.57 feet; 10. N. 15°46'12" W.93.66 feet; 11. N.47°31'11" W.99.11 feet; 12. N. 67°49'19" W. 134.01 feet; 13. N. 77°39'01" W. 41.79 feet to a point on the west line of said Section 24; 14. N. 77°39'01" W. 95.74 feet; 15. N. 3518'21" W. 63.46 feet; 16. N. 01°26'47" W. 115.18 feet; 17. N. 01°49'35" E. 205.44 feet 18. N. 1097'29" E. 126.00 feet; 19. N. 33°43'54" E. 189.05 feet to a point on the west line of said Section 24; 20. N. 33°43'54" E. 84.91 feet; 21. N. 18°4619" E. 226.83 feet; 22. N. 16°58'58" E. 137.55 feet; 23. N. 31°48'44" W. 71.42 feet; 24. N. 64°07'33" W. 134.27 feet to a point on the west line of said Section 24 and from which the 1/4 Corner common to said Sections 23 and 24 bears N. 0011'57" E. a distance of 201.10 feet; 25. N. 64°07'33" W. 19.88 feet; 26. N..529318- W. 232.10 feet; 27. N. 36°09'51" W. 58.94 feet to a point on the north line of the SE'/, of said Section 23; thence N. 89°11'00" E. a distance of 237.48 feet to said 1/4 Corner common to Sections 23 and 24; thence N. 88°36'58" E. a distance of 2615.17 feet to the Center 1/4 Corner of said Section 24; thence 5.00°10'01" W. a distance of 1350.03 feet to the South 1/16th Corner on the NIS centerline of said Section 24; thence S. 89008'48" W. a distance of 714.67 feet to a point on the centerline of County Road No. 311; thence along said centerline of County Road No. 311 the following eight (8) courses; 1. S. 1813'16" 16" E. 146.54 feet; 2. 5.0 1°26'34" E. 123.02 feet; Special Warranty Deed Rippy (Grantors) / West Divide Ranch LLC (Grantee) Nage 3 of 4 05/19/2005 15:42 FAX 19709459769 LARRY GREEN 161111112/11R1111011-111 1111 t`itli tti rrt1t 111 �1I 4 4R.00SIE D COUNTY CO 4 of 4 R 21.00 3 S. 00°56'23' W. 235.92 feet; 4. S. 06°01'59" E. 73.27 feet; 5. S. 12°31'11" E. 183.28 feet; 6. S. 14045'06" E. 186.30 feet; 7. S. 08'14'33" E. 113.78 feet; 8, lS.e vino is id Centerline of County Road No, 311.92 feet to a point en the 1tS. e of said 89°40'36" W. andista thence of leaving said 2057.60 feet to the Point of Beginning. County of Garfield State of Colorado Special Warranty Deed Rippy (Grantors) ! West Divide Ranch LW (Grantee) Page 4 of 4 • Soils Inventory Report Page 1 of 1 Soils Inventory Report Tue Mar 29 09:43:22 MST 2005 HARLEY DOW RIPPY JR Map Unit Symbol Acres Percent 28 8.7 1% 30 34.9 5% 32 2.9 0%io 40 16.1 2% 55 181.8 27% X- 65 51.3 8% X 66 32.9 5% 68 54.1 8% 69 245.3 36% 7 7.8 1% 70 46.2 7% Total: 682 f,lP•//f -\( „ct�rr,cr F,lac T. A,.,,.,: Z(1Q1\7,,'1„ ,,,r hr.,-, /It1/^)nnc Customer(s): HARLEY DOW RIPPY JR Field Office: GLENWOOD SPGS SERVICE CENTER .81 - Soils Map d mu 1 = 28 1 30 32 ''. - 40 4 66 65 1 68 ii '3 69 D 7 1 D, 70 J Image: Garfield County Ortho Mosaic 600 0 600 1 200 1 800 2 400 Feet Customer(s): HARLEY DOW RIPPY JR Field Office: GLENWOOD SPGS SERVICE CEN J J Sah Qy�d, w Nodose* 675 0 675 1 350 2 025 2 700 J �. Image: Garfield County Ortho Mosaic Feet J i Non -Technical Descriptions Soil Survey Area: 683 RIFLE AREA, COLORADO, PARTS OF GARFIEL T • 1 Try. 1 cnn • el /^1.• T1 Trill' r(Y Map unit: 28 Heldt clay loam, 1 to 3 percent slopes Description Category: SOI This deep, well -drained soil is on alluvial fans and sides of valleys. This sof formed in fine textured alluvium derived from shale and sandstone. The surface layer is clay loam about 8 inches thick. The subsoil is clay loam about 13 inches thick. The substratum is Gay to a depth of 60 inches. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is medium, and the erosion hazard is slight. Map unit: 30 Heldt clay loam, 6 to 12 percent slopes Description Category: SOI This deep, well -drained soil is on alluvial fans and sides of valleys. This soil formed in fine textured alluvium derived from shale and sandstone. The surface layer is clay loam about 8 inches thick. The subsoil is clay loam about 13 inches thick_ The substratum is clay to a depth of 60 inches. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is medium, and the erosion hazard is moderate. Map unit: 32 Holderness Variant clay loam, 6 to 25 percent slopes Description Category: SOI This deep, well drained soil is on alluvial fans and sides of valleys. This soil formed in fine textured sediment derived from shale and sandstone. The surface layer is clay loam about 11 inches thick. The subsoil is clay about 41 inches thick. The sub stratum is clay loam to a depth of 60 inches. Permeability is slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is medium, and the erosion hazard is slight. Map unit: 40 Kim loam, 3 to 6 percent slopes Description Category: SOI This deep, well -drained soil is on alluvial fans and benches. This soil formed in alluvium derived from shale and sandstone. The surface layer is loam about 17 inches thick. The underlying material is loam to a depth of 60 inches. Permeability is moder ate, and available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is stow, and the erosion hazard is moderate. — Tuesday, March 29, 2005 Page 1 of 3 Map unit: 55 Potts loam, 3 to 6 percent slopes Description Category: SOI This deep, well -drained soil is on mesas, benches, and sides of valleys. This soil formed in alluvium derived from sandstone, shale, or basalt. The surface layer is loam about 4 inches thick. The subsoil is clay loam about 24 inches thick. The substrat um is loam to a depth of 60 inches. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is slow, and the erosion hazard is moderate. Map unit: 65 Torrifluvents, nearly level Description Category: SOI This broadly defined unit consists of deep, well -drained to somewhat poorly drained soils on flood plains. The soils formed in alluvium. These soils are stratified and vary widely in texture and depth. The surface layer ranges from loamy sand and fine s andy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loam stratified with sand, gravel, and cobbles. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff. These soils are subject to brief, occasional flooding late in spring and early in summer. Permeability is moderately slow to moderately rapid. Available water capacity is low to high. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. Map unit: 66 Torriorthents-Camborthids-Rock Outcrop complex, Steep Description Category: SOI This broadly defined unit consists of exposed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. Torriorthents make up about 45 percent of the complex, Camborthids ma ke up 20 percent, and Rock outcrop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are very shallow to moderately deep. They are well to somewhat excessively drained. They generally are clayey to loamy and contain variable amounts of pebbles, cobbles, and stones. Permeability is slow to moderate, and water holding capaci ty is very low to low. Effective rooting depth is 10 to 40 inches. Runoff is very rapid, and erosion hazard is very high. Camborthids are shallow to deep and are well -drained. They are generally clayey to loamy and have slightly more clay in the subsoil than in the surface layer. The profile is normally free of stones, but scattered basalt stones, cobbles, and sandstone fra gments are on the surface. Permeability is slow to moderate. Available water capacity is low to very low. Effective rooting depth varies from 10 to more than 40 inches. Runoff is rapid or very rapid, and erosion hazard is very high. Rock outcrop is mainly Mesa Verde sandstone and Wasatch Shale. Tuesday, March 29, 2005 Page 2 of 3 Map unit: 68 Vale silt loam, 3 to 6 percent slopes Description Category: SOI This deep, welt -drained soil is on mesas, benches, and alluvial fans. This soil formed in calcareous eolian material. The surface layer is silt loam about 7 inches thick. The subsoil is silt loam and silty day loam about 19 inches thick. The substratu m is silt loam to a depth of 60 inches. Permeability is moderate, and available water capacity is high. Effective rooting depth is more than 60 inches. Runoff is medium, and the erosion hazard is moderate. Map unit: 69 Vale silt loam, 6 to 12 percent slopes Description Category: SOI This deep, well -drained soil is on mesas, benches, and alluvial fans. This soil formed in calcareous eolian material. The surface layer is silt loam about 7 inches thick. The subsoil is silt loam and silty clay loam about 19 inches thick. The substratu m is silt loam to a depth of 60 inches. Permeability is moderate, and available water capacity is high. Effective rooting depth is more than 60 inches. Runoff is medium, and the erosion hazard is moderate. — Map unit: 7 Ascalon -Pena complex, 6 to 25 percent slopes Description Category: SOI These soils are on sides of valleys and alluvial fans. The soils formed in alluvium derived from sandstone and shale. Ascalon soil makes up about 65 percent of the complex, and Pena soil makes up about 25 percent. The Ascalon is on the less sloping, som ewhat concave parts of the landscape, and the Pena sot is on the steeper, convex parts. The Ascalon soil is deep and welt drained. The surface layer is fine sandy loam about 5 inches thick. The subsoil is sandy clay loam about 30 inches thick. The substratum is sandy clay loam to a depth of 60 inches. Permeability is moderate, and availab le water capacity is moderate. Effective rooting depth is 60 inches. Runoff is medium, and the erosion hazard is moderate. The Pena soil is deep and well -drained. The surface layer is about 12 inches thick. The upper part is stony loam, and the lower part is very stony loam. The substratum is very stony sandy loam to a depth of 60 inches. Permeability is moderate, and avai table water capacity is low. Effective rooting depth is 60 inches. Runoff is slow, and the erosion hazard is moderate. Map unit: 70 Vale silt loam, 12 to 25 percent slopes Description Category: SOI This deep, well -drained soil is on mesas, mesa sides, and alluvial fans. This soil formed in calcareous eolian material. The surface layer is silt loam about 7 inches thick. The subsoil is silt loam and silty clay loam about 19 inches thick. The substr atum is silt loam to a depth of 60 inches. Permeability is moderate, and available water capacity is high. Effective rooting depth is more than 60 inches. Runoff is rapid, and the erosion hazard is high. Tuesday, March 29, 2005 Page 3 of 3 J7, 7iV u(el;' (>`*:1;1774/1 yhi4o.4 V xas-) ti4P '777-1(4 1-2D2L-2,gx1LS`i '"?,y jt 7")4/ y) ? /4( °(---.dp),(13 L:/V7 Hpr 20 03 02:10p Wayne Shelton Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.. 1313 Shelman St.. Denver. Colorado 802f13 (303) 866-3581 970-927-3801 APPLICANT 1095 WELL PERMIT NUMBER 22 602 DIV. 5 WD 45 DES. BASIN MD DIVIDE CREEK LAND & CATTLE CO 12744 HWY 82 CARBONDALE. CO 81623- (970) 963-1971 riPPtoIT TO CONSTRUCT A WELL C F` 31/ APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 24 Township 7 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 390 FL from South Section Line 2250 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shalt be used in such a way as to cause no material injury to existing water rights_ The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shalt be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I1)(A) as the only well on a tract of land of 40.00 acres described as the SE 1/4, SW 1/4, Sec. 24, Twp. 7 S, Rng. 92 W, Sixth P.M., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings. the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate of this well shalt not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. This permit has been approved tor a square 40 acres at the location specified above. You are hereby noti€ied that you have the right to appeal the Issuance of this permit, by tiling a written request with this office within sixty (60) days of the date of issuance. pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.)--- 8) APPROVED KMG Recei s t No. 0465502A i� State Engineer DAtt_ i it LV -Th OCT0 ATP7000 ORfGlNAL p 03 1 fiward 970.9V-3436 Tuesday, FhAy2J 2OCr3 11-11 PMi 7 -fin P,ll !03 F.086fly«2i-03 18'IAAt+� PRC4;-UIUiSION OF WASEk r�StlilkCES 301802213 ps.....—R FOR Q�IGI: 41E ONLY WELL?, CONSTRUCTION AND ' $T REPORT AECEIuE0 STATE OF COLORADO OFFICE OF THE STATE ENGINEER __ ---- 1991 AP i! OW331-0T-03 24� aiS Range <�,., 3'M_IIAS 1311141— aE 1 M SVII 114 DialANCE9 FROM SEC. LINES: fid Sec. litre OR ft, frau See, line- and LOT BLOCK f)UNC�(UNR) STRSUMEET ADDRESS AT WELL LOCATION Rr Il i INCA 11t4C% Raxaty f +t 3ROUND SURFACE ELEVATION 1y7 it DATIh COMPLETED 07t29;99 TOTAL DEPTH 182 rt- DEPTH l COMPt fi O. tiC] &DAM. (ml FRdF+t !fn t4 at 5. 6;E'OL.O( tC LOG .po _� . - go39 itep iYPa o7141acerpl CSRp. olar, an6.5 f....._ �. PERMIT NuMRER MM -36599 ner Nino(s1 : 150k 1-snd & Cattle coiling Address : 10879 County t 311 y, ^tet• Zip :Sih, Co. 8 U 52 hotto (970) 870-2236 w (IflA-0�9 ToAron. Rocks r ' — ,MOCKS 0254 Wei► Form er► WATLR LOCATED : 90 -100, 100 REMARKS Mbit akte 0.240 100-....,. AGO'_._' From Cpl To (1 pvC PERF- CAGING . &teen . t Sixv_ mar Material. Size : Interval : RS 100 —35-0-- 150 170._ e, c� ®F placemen Type Depth . 10- GR© TING RECO-45 ._____._- __ oily* Amami o.tiorr Irirval 11. UISINFECUQN : type :tint J -- . tt -.-�-_. — _ Chock Bo If Tent Data is Submitted On Suppl orusl Fpm. TESTING METNOU : Air CotnprassOr Static ravel : 10 ft. Date/Time Mem 0712911999 Putrrpiff Level . Total ft. Oalol ane Meaitxed : rt7C.2911999 _-- r,z;T i .s+w.. 6e aMwA-ni�a.i + ,MiTiir ..0.n1ncr.e....e0.aa.eer.ue. 1 rano a r..o .x.or+a.+r.ar, W a.� e'T �► i,J. w.new. aor.ea.gsw+e+npanes* +,•. m..1 mdaQ.neore 4 CTRACTOR Stattonpg CY . • Mono : (970 927-4 4i82 t P �„ r•r. ---- N 0 ---Nnrn 1Ttle (Please Typeor Print) e�r i 08/28/99 shoo., i Prt35idfflt Production Rate : Teat Length 7 OPM- 2 hrs. Form No, GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 WEST DIVIDE RANCH LLC DOW & KATHY RIPPY 2785 344 RD SILT, CO 81652- (970) 876-2202 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 272715 DIV. 5 WD 45 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 24 Township 7 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 4320 Ft. from North Section Line 2540 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40.00 acres described as the SW 1/4 of the SE 1/4, Sec. 24, Twp. 7 S, Rng. 92 W, Sixth P.M., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTICE: This permit has been approved for a well to be located on a 40 acre legal description described as the SW 1/4 of the SE 1/4 of Section 24, modifying Item 5 on the well permit application form. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.)r/� `/ 7 } APPROVED JSG State Engineer By Receipt No. 3611108 DATE ISSUED 02-20-2007 EXPIRATION DATE 02-20-2009 0,41,,itc1s 6 4l,"13. N /1 4 753" 39:/' g/).45-2 bivide 71Ze 7,? 799' ,4jieK 6 e -444- 'i/ gAs Cg) 229 185 Iumberi 327 73 17 7 '• 23 276 RECORD Lot 3 4;_i9`1 -_ I9 -UU -UUJ ►' 020 226 RANCH EXEMPTION 230 Adjoining 2399 2399-193 00 092 46080 C co 0 z 26 Grand View Ranch Conservation Easement d 3-00-092 Mar 3U Ut nomin BURNING MOUNTAINS FIRE PROTECTION DISTRICT Brit C. McLin Chief 611 Main St. P.O. Box 2 Silt, CO. 81652 Building and Planning Department Garfield County Phone: (970) 876-5738 Fax: (970) 876-2774 E -Mail: chief800@rof.net 29 March 2005 In re: Application for Exemption from Definition of Subdivision 1 have reviewed Dow Rippy's application for exemption regarding the properties identified as 10339,10441, and 11084 County Road 311 and have neither concern nor comment as this reflects no change in occupancy or usage. t � { C-6 Crrt € Ai ,tet Brit C. McLin, Chief A f 4 11 In KO,141,KIAMINIVIti PA 11111 Reception*#: 714267 42/29/2006 03:00 38 PM 8:1878 P x850 Mildred Rlsdorf 1 of 19 Ree Fee:$96.00 Doc Fee.0.00 GRRFLELD COUNTY CO NOTICE TO TITLE COMPANY: This Deed of Conservation Easement in gross requires a One -Hundred Dollar ($100.00) fee be paid to Aspen Valley Land Trust or its successor organization by purchaser upon purchase of this Property or any portion of this Property or any lot located on this Property, pursuant to Section 15 herein. DEED OF CONSERVATION EASEMENT IN GROSS WEST DIVIDE RANCH A CONSERVATION EASEMENT ("Easement") is granted this 29mn day of December 2006, by WEST DIVIDE RANCH LLC, a Colorado limited Liability company ("Grantor"), to and for the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation having offices at 320 Main Street, Suite 204, Carbondale, Colorado 81623 (the "Trust")(collectively, the "Parties"). RECITALS WHEREAS, Grantor is the sole owner in fee simple of approximately 98 acres of real property in Divide Creek south of Silt, Garfield County, State of Colorado, more particularly described in Exhibit A (the "Property"); WHEREAS, the Property possesses natural, scenic, and wildlife values (collectively, "Conservation Values") of importance to the Trust, the people of Garfield County, and the people of the State of Colorado that are worthy of preservation; WHEREAS, in particular, the perty contains important wildlife habitat in a natural condition that provides good forage, cover, and seclusion for American elk ant_ mule deer in, pinyon juniper woo lands and sage meadows during all seasons. The Propiy also provides potential habitat for mountain lion and black bear, an provides habitat connectivity for thele wt s e-rantg game spee.ie • is importance to Garfield County and the gate of Colorado, and are an important part of the region's biodiversity; WHEREAS, the Property can be viewed by the general public from County Road 311 and is located in a rural, agricultural area of Garfield County, where recent development in the vicinity of the Property threatens to degrade the biological integrity as well as the rural and scenic character of the area; WHEREAS, conservation of the Pro'ert w 1 increase the amount of conserved Land in the Divide Creek and Dry Hollow drainages, an arca currently identified by the Trust as a high priority for protection whey the Trust currently holds conservation easements on over 1,110 acres including the Price 1 and II easements, the Kinstead Ranch easements, Fazzi Ranch, Grand View Ranch, O'Connell Family Ranch, Daley Ranch, Daley -Myer, Morris Ranch and 7H7 Ranch easements; „►`Return to. hopen valley Land Trio, ct Cr, Rt Kul Pnno PIM Pgi.1 +4 PAW MIN L 1111 Reception#: 714267 '2/2912006 03:00-38 PM 8:19741 P 0951 Mildred alsdorf 2 of 19 Rec Fee:$96 00 Doc Fee.0 00 GFIRFIELD COUNTY CO WHEREAS, conservation of the Property is promoted by the Garfield County Comprehensive Plan of 2000 which states: The rural character of Garfield County, particularly the unincorporated portions, is defined in a large extent by the presence of large parcels of open space... _ The maintenance of open space also encourages the preservation of the rural lifestyle which residents of the County value''; WHEREAS, conservation of the Property is further promoted by the Colorado Division of Wildlife's (CROW) Wildlife Conservation Section Briefing Paper, dated March 3, 2005, "Needs for Habitat Protection of Colorado's Sagebrush Communities." which states: "Sagebrush communities are among the most important wildlife habitats in North America.... in Colorado, no fewer than 12 species of importance are linked to the sagebrush communities as a key component of their habitat. Concern has been raised regarding the influence of deteriorating sagebrush communities on pronghorn and mule deer, and the relationship between elk and mule deer in sagebrush communities.... Clearly, given the species, and the number and diversity of species, whose well-being is so closely tied to sagebrush communities, protecting and managing these habitats will go far in meeting 2 of the Wildlife Commission's top priorities from its Strategic Plan (2002): "Protect high priority deer and elk habitat" (H 1.3), and "Habitat to support broadest sustainable wildlife populations" (S1.1). The Division has long demonstrated its interest in sagebrush habitats, with numerous projects initiated for various objectives.... ; WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to preserve and protect the Conservation Values of the Property in perpetuity and the Trust agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of the Property for the benefit of this generation and the generations to come; WHEREAS, the 'Frust is a charitable organization as required by C.R.S. § 38-30.5- 104(2) and as described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and is a publicly -supported organization as described in Section 170(b)(1)(A) of the Code whose primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of the greater Roaring Fork and Colorado River Valleys area, including the area in which the Property is located, by assisting landowners who wish to protect their land in perpetuity, and is a "qualified organization" to do so within the meaning of Section 170(h)(3) of the Code; WHEREAS, the State of Colorado has recognized the importance of private efforts toward the preservation of natural systems in the State by the enactment of C.R.S. §§38-30.5-101 et seq.; and WHEREAS, the Board of Directors of the 'frust has duly authorized the Trust's Executive Director or her designee to execute and accept conservation easements on behalf of the Trust. NOW, THEREFORE, in consideration of the matters above, the mutual covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 2 Ill liek% WIN 111 Recept ions : 714267 12129!2006 O3,0C.38 PM 8,1878 P 0852 Mildred Aisdorf 3 of 19 Rec Fee $96.00 Doc Fee 0.00 GRRFIELD COUNTY CO 1. Grant. Grantor hereby voluntarily and irrevocably grants and conveys to the Trust a perpetual Conservation Easement in gross (the "Easement"), pursuant to C.R.S. §§ 38-30.5-101 et seq., through the terms mutually agreed to in this Deed of Conservation Easement in Gross ("Easement Deed"), consisting of the rights and restrictions enumerated herein, over and across the Property, to hold said Easement unto the Trust and its successors and assigns forever. The Easement shall constitute a binding servitude upon the Property and shall be subject to prior reservations, easements, encumbrances and exceptions of record, except as otherwise set forth herein. 2. Purposes. Pursuant to the terms of C.R.S. §§ 38-30.5-101 et seq., the purposes of the Easement are to assure that the Property will remain forever predominantly in its scenic and natural condition, subject to the uses of the Property permitted hereunder, to protect and preserve the Conservation Values of the Property in perpetuity, to prevent any use of the Property that is inconsistent with the preservation and protection of the Conservation Values of the Property and, in the event of their degradation or destruction, to restore such Conservation Values of the Property. 3. Intent. Subject only to the Purpose set forth above and express prohibitions below, the intent of the Parties is to permit all uses of the Property that are consistent with the preservation and protection of the Property's Conservation Values as determined by the Trust in its sole discretion. Nothing in this Easement Deed is intended to compel a specific use of the Property other than the preservation and protection of the Conservation Values. 4. Baseline Documentation. The Parties acknowledge that a Baseline Documentation of the Conservation Values and relevant features of the Property has been prepared by Colorado Wildlife Science, LLC, a company familiar with conservation easements, the Property, and the environs, and is on file with the Parties. The Parties agree that the Baseline Documentation is not intended to preclude the use of other evidence to establish the present condition of the Property should a controversy arise over its use. 5. Rights of Trust. To accomplish the purposes of the Easement, Grantor conveys the following rights to the Trust: The right to preserve and protect the Conservation Values of the Property in 5.1. perpetuity; 5.2. The right to enter upon the Property at reasonable times, to inspect the Property thoroughly, to monitor Grantor's compliance with, and otherwise enforce the terms of this Easement Deed; provided that such entry shall be upon 72 -hour prior notice to Grantor and shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property, except that no such notice shall be required in the event the Trust reasonably believes that immediate entry upon the Property is essential to prevent or mitigate a violation of this Easement Deed; and 5.3. The right to prevent any activity on or use of the Property that is inconsistent with the purposes of the Easement, or with the preservation and protection of the Conservation 3 .n>nnecn,cn Pane 4 1111 VOL Nit IVII lH 1111 ill ReceptionU: 714267 12/29/2006 03 00:38 PM 0•1878 P:0853 Mildred Alsdorf 4 of 19 Rec Fee:$96.00 Doc -ee:E 00 GARFIELD COUNTY CD Values of the Property, and the right to require the restoration of such areas or features of the Property that are damaged by any inconsistent activity or use. 6. Prohibited and Permitted Uses. Grantor reserves to itself and to its personal representatives, heirs, successors, and assigns, all rights and obligations accruing from its ownership of the Property, including the right to engage in all uses of the Property not expressly prohibited herein that are consistent with the preservation and protection of the Conservation Values of the Property. Grantor is prohibited from any activity on or use of the Property inconsistent with the preservation and protection of the Conservation Values. Grantor has the burden to prove that Grantor's proposed uses are consistent with the preservation and protection of the Conservation Values of the Property. The following uses and practices by Grantor, though not an exhaustive recital, are either consistent with and permitted, or inconsistent with and prohibited by this Easement Deed. Expressly permitted uses are to he conducted in a manner consistent with the preservation and protection of the Conservation Values of the Property, pursuant to Section 170(h)(3) of the Code, and C.R.S. § 38-30.5-102. Certain of these consistent uses and practices are identified as being subject to specified conditions, such as to the notice provision described in Section 10, or to the requirement of and procedures for prior approval by the Trust described in Section 10, or to both Sections 9 and 10. 6.1. Building Rights. Grantor shall not construct, improve, place, or replace any buildings, structures, mobile homes, indoor riding arenas, parking lots, or billboards on the Property. This restriction affects only the Property that is the subject of this Deed of Conservation Easement in Gross described on Exhibit A and depicted as "Parcel 13" on the Property survey attached hereto and incorporated herein as Exhibit B and does not affect the 1.432 acre "Parcel A" depicted on the Exhibit B. 6.2. Roads and Motor Vehicles. Grantor shall not pave or widen existing roadways or construct new roadways without the consent of the Trust, which consent shall be in the Trust's sole discretion, except as necessary for use permitted in Subsection 6.1 and 6.9 herein; 6.3. Surface Disturbance. Grantor shall not alter the topography of the Property through placement or removal of soil, gravel, land fill, or other materials unless approved by Trust for habitat enhancement or restoration purposes. Grantor shall not alter, disturb, or impair the relatively natural habitat for plants, wildlife, or similar ecosystems within and upon the Property, which includes the destruction, removal or cutting of native vegetation, except in emergencies and for fire, pest and disease prevention, and as necessary to the uses permitted in Subsection(s) 6.1 and 6.9; 6.4. Fencing. Grantor may replace existing fences or erect new fencing on the Property, or both, provided such fencing complies with then -current Colorado Division of Wildlife standards for fencing in a wildlife migration area; 6.5. Mineral Rights. At the time of granting the Easement, Grantor owns only a portion of the mineral rights associated with the Property. For this reason, a mineral remoteness 4 Pana F ■Ili litkilfell{itiM 141 i& WO, WI WAN 5 Reception#: 714267 12/29(2006 03 0038 pM 8,1878 P 085a Mildred Alsdorf S of 19 Pec Fee:$96.00 Doc F::300 GARFIE'_0 COUNTY CO letter dated December 27, 2006 has been completed by Rarc Earth Science in compliance with Section 1 70(h) of the Internal Revenue Code and related Treasury Regulations, a copy of which is on file with the Trust. Grantor's current or future ownership of mineral rights shall be subject to the following provisions: A. Subsurface Mineral Rights. Grantor may lease to a third party the right to explore for or extract oil and natural gas from below the surface of the Property; provided, however, that such exploration or extraction is undertaken using only the surface of real property adjacent to the Property through directional drilling or similar techniques and does not in any way disturb the surface of the Property. Such activities must occur only in a manner that is consistent with the meaning, provisions, and terms of Section 170(h) of the Code and Section 1.170A -14(g) of the Treasury Regulations; Grantor shall reference this Easement and summarize the Property's Conservation Values in any and all future oil and gas leases, surface use agreements, or no -surface occupancy agreements affecting the Property. B. Surface Mineral Rights. Grantor shall not transfer, lease or otherwise separate the soil, sand, gravel, rock, or any other mineral substance from the surface of the Property nor explore for or extract soil, sand, gravel, rock, or other minerals from the surface of the Property; 6.6. Subdivision. Grantor may not divide or subdivide (including de facto subdivision) the Property into two or more parcels of land without the approval of the Trust. Notwithstanding the foregoing, Grantor may adjust lot lines with Trust's approval provided that Grantor and Trust execute and records and amendment to this Easement Deed to reflect such adjustment; 6.7. Property; Livestock and Grazing. Grantor shall not graze or keep livestock on the 6.8. Trash. Grantor shall not dump, permanently accumulate, or dispose of trash, garbage, or other hazardous or unsightly refuse on the Property,; 6.9. Water Resources. Grantor shall not manipulate, divert, dant, pollute, drain, dredge, or otherwise alter the naturally -occurring streams, wetlands, springs, lakes, ponds, or other surface or subsurface water features on the Property in a manner that degrades or destabilizes their natural banks or shorelines, or otherwise is inconsistent with the preservation and protection of the Conservation Values of the Property; 6.10. Commercial and Industrial Activities. Grantor shall not conduct industrial activity or any more than de ininirnus commercial recreational activity on the Property; 6.11. Recreation. Golf courses and high -impact recreational uses are prohibited on the Property; however, low -impact, passive recreational uses, such as hiking, cross country skiing, and hunting are permitted; 5 Pana 6 VI, J. V 0 1 1111NI ",r D��4r1 Y1N � �f .1 f �L ,1 LN �! �I 411 Rece t1on4S: 714267 12/2912006 03 00315 PM B.11578 P 0655 m..Ildred Alsdor( 6 or 19 Ree Fee:$96 0C Doc Fee:O 00 GARFIELD COUNTY CO 6.12. Utilities and Communications Facilities. As necessary to the uses permitted in Subsection 6.1 and 6.9 and provided that the location and use of the following described amenities is consistent with preservation and protection of the scenic and wildlife Conservation Values of the Property, Grantor may install, maintain and use on the Property the following: 1) communication facilities and appurtenant structures or equipment; 2) utility lines and substations; 3) water lines, pumps and wells; 4) wind -powered electric generators, solar collectors, fuel cells, and other energy-related technology; and 5) oil and natural gas pipelines and production facilities as described in Subsection 6.9, herein. Any impact from the installation and maintenance of such amenities to the Property or its Conservation Values shall be restored as closely as possible to the Property's original condition using appropriate native vegetation; 6.13. Hunting. Hunting and the leasing of hunting rights on the Property is permitted; 6.14. Water Rights. There are no water rights included in or encumbered by this Easement. 7. Access. By tends of this Easement Deed, Grantor does not afford the public any more than visual access to any portion of the Property, although Grantor may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is consistent with the terms of this Easement Deed. 8. Representations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: 8.3, No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise or threatening to human health or the environment exists or has been used or released on the Property, except for fuels customarily used or transported in connection with agricultural and construction activities; 8.2. There are not now any underground storage tanks located on the Property, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable laws, regulations, and requirements; 8.1 Grantor and the Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use and there are no existing, pending or threatened litigation in any way affecting, involving, or relating to the Property; 8.4. Grantor has good and sufficient title to the Property and has lawful authority to grant and convey the Easement, that any mortgages or liens on the Property are subordinate to the terms of this Easement Deed, and that Grantor shall warrant and forever defend the title to the Easement against all and every person or persons lawfully claiming by, through or under Grantor, the whole or any part thereof, except for rights-of-way, easements, restrictions, covenants and mineral reservations of record. Pana 7 V V 7 1-10.11L ‘,1\1.1-1 1J V U l ) 1111r,, &tit mid% poiiiveltio tot IMS IN 11111 Reaeptiona: 714257 12129/2006 03:00:38 PM 8:1878 P:8856 Mildred Alsdorf 7 of 19 Rec Fee:$96.00 Doc Fee:0.00 GARFIELD COUNTY CO 9. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Grantor to notify the Trust before undertaking certain permitted activities or uses is to afford the Trust an opportunity to update its records and if approval is required, to ensure that the activities or uses in question are consistent with the terms of this Easement Deed. Whenever notice and the Trust's approval, as described in Section 10 below, are required, Grantor shall notify the Trust in writing not less than 60 days prior to the date Grantor intends to undertake the activity or use in question, unless this Easement Deed provides otherwise, and describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity or use in sufficient detail to permit the Trust to make an informed judgment as to the activity or use's consistency with the terms of this Easement Deed and the preservation and protection of the Property's Conservation Values. Whenever notice is required without the Trust's approval, Grantor shall notify the Trust in writing not less than 30 days in advance of the proposed activity or use. 10. The Trust's Approval. Whenever this Easement Deed requires that Grantor obtain the Trust's approval of any activity on or use of the Property, such approval shall he given in the Trust's sole discretion. Where the Trust's approval is required, the Trust shall grant or withhold its approval in writing within 30 days of receipt of Grantor's written notice (as described in Section 9, above) of and request therefor. The Trust's approval may be withheld at the Trust's sole discretion if the Trust determines that the action as proposed would be inconsistent with the Conservation Values or the purposes or terms of this Easement Deed. The reason(s) for such a determination shall be set forth with specificity by the Trust in a written notice to Grantor. Where a modification of the proposed use or activity by Grantor would render the same consistent with the purposes of the Easement and the Conservation Values, the Trust may specify, in such written notice to Grantor, such modifications to render approval appropriate. 11. Trust's Remedies: Enforcement. The Trust shall have the right to prevent and correct or require correction of violations of the terms and purposes of this Easement Deed. if the Trust finds what it believes is a violation, or a threat of a violation, the Trust shall notify Grantor of the nature of the alleged violation. Upon receipt of this notice, Grantor shall immediately discontinue any activity that could increase or expand the alleged violation and shall either: (1) restore the Property within 60 days as is best possible to its condition prior to the violation in accordance with a plan approved by the Trust, or if immediate restoration is not possible, Grantor shall submit such plan to the Trust within 60 days; or (2) provide a written explanation to Trust of the reason why the alleged violation should be permitted. If the Trust is not satisfied with Grantor's written explanation, the Parties agree to meet as soon as possible to resolve this difference. if a resolution of this difference cannot he achieved at the meeting, the Parties agree to attempt to resolve the dispute pursuant to Section 11.1 below. At any time, including if Grantor does not immediately discontinue any activity that could increase or expand the alleged violation while the Parties arc attempting to resolve the alleged violation, the Trust may take appropriate legal action to stop the activity, without prior notice to Grantor; without waiting for the period provided for cure to expire; and without waiting for the 60 -day mediation period to expire. The Trust may bring an action at law or in equity, ex parte as necessary, in a court of jurisdiction, to enforce the terms of this Easement Deed and to enjoin by temporary or permanent injunction a violation, which may require restoration of the 7 Pane 8 J. 1 V 1.1_1 l:ll Vi/YV•ll V.) 11V\1. \31\1.1... VVA 1111 MAN if. II Reception#: 714267 12/2912006 03'00:38 PM 8.1879 P:0857 Pit:dred Rlsdorf 8 of 19 Rec Fee:$96.00 Doc Fee:O 00 CARFlELC COUNTY CO Property to the condition that existed prior to the violation. The Trust's remedies described herein shall be in addition to all remedies now or hereafter existing at law or in equity, and shall include the right to recover damages for violation of the terms of this Easement Deed or injury to the Conservation Values including damages for the Toss of scenic or environmental values. Enforcement of' the terms of this Easement Deed shall be at the sole discretion of the Trust, and any forbearance by the Trust to exercise its rights under this Easement Deed in the event of any breach of any term of this Easement Deed by Grantor shall not be deemed or construed to be a waiver by the Trust of such term or any subsequent breach of the same or any other term or this Easement Deed or of any of the Trust's rights under this Easement Deed. No delay or omission by the Trust in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. The failure of the Trust to discover a violation or to take immediate legal action shall not bar the Trust from doing so within four (4) years from the date upon which the violation is discovered. All reasonable costs incurred by the Trust in enforcing the ten -ns of this Easement Deed, including, without limitation, costs and expenses of pursuing legal action and reasonable attorney's fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement Deed, shall be borne by Grantor, unless a court finds that the Trust acted in bad faith in seeking enforcement thereof, in which case the court shall award to Grantor and the Trust shall pay Grantor's reasonable costs of defending the action or claim. If Grantor ultimately prevails in a judicial enforcement action, each Party shall bear its own costs. 11.1. Mediation. If a dispute arises between the Parties concerning the consistency of any proposed use or activity with the terms of this Easement Deed, and Grantor agrees not to proceed with the use or activity pending resolution of the dispute, either Party may refer the dispute to mediation by written request upon the other. Within 10 days of the receipt of such request, the Parties shall select a trained and impartial mediator with experience in Easements and other land preservation tools. If the Parties are unable to agree on a mediator, then the Parties shall each select a mediator with experience in conservation easements and other land preservation tools, and those two mediators shall select a mediator who shall alone mediate the dispute. Mediation shall then proceed in accordance with the following guidelines A. Purpose. The purpose of the mediation is to: (1) promote discussion between the Parties; (2) assist the Parties to develop and exchange pertinent information concerning the issues in dispute; and (3) assist the Parties to develop proposals which will enable them to arrive at a mutually acceptable resolution of the controversy. The mediation is not intended to result in any express or de facto modification or amendment of the terms, conditions, or restrictions of this Easement Deed; nr.", nq nn 4,,A B. Participation. The mediator may meet with the Parties and their counsel jointly or ex parte. The Parties agree that they will participate in the mediation process in good faith and expeditiously, except in cases when the Trust believes that Conservation Values are continuing to be harmed during the mediation process, in which case the Trust can suspend its involvement in the mediation to remedy this threat of ongoing violation. 107naAFo7AQ Page 9 1111Pial,14N 411 Reception#: 714267 12129/2006 01'00:38 PM 8 1878 P,0858 Mildred Plsdor` 9 of 19 Roc Fee:$96 00 Doo Fee 0.00 GARFIELD COUNTY CO Representatives of the Parties with settlement authority will attend mediation sessions as required by the mediator; C. Confidentiality. Ali infornation presented to the mediator shall be deemed confidential and shall be disclosed by the mediator only with the consent of the Parties or their respective counsel. The mediator shall not be subject to subpoena by any Party in any subsequent litigation; D. Tinie Period. Neither Party shall be obligated to continue the mediation process beyond a period of 60 days from the date of receipt of the initial request or if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution of the dispute. The Parties shall equally share and each bear 50% of the mediator's fees; 12. Costs, Liabilities, Taxes and Environmental Compliance. 12.1. Costs, Legal Requirements and Liabilities. Grantor retains all responsibilities and obligations and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate liability insurance coverage, except as provided herein. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor; 12.2. Control. Nothing in this Grant shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in the Trust to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), and any Colorado state law counterpart; 12.3. Hold Harmless. Grantor shall hold harmless, indemnify and defend the Trust and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Trust Parties") from and against all liabilities, including, without limitation, court awarded third -party attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Trust Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement, including, without limitation, CERCLA, by any person other than any of the Trust Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release of hazardous or toxic substances in, on, from, or under the Property at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Trust Parties; (4) payment of taxes imposed upon or incurred by the Property as a result of this Easement 9 1o7nQAGo7r0 Page 10 nildhrfiti Receptionit: 714267 12/2912006 03:00'38 PM 8:1878 P:0869 Mildred Risdorf 10 of 19 Rec Fes $96 00 Doc Fee C 90 GaRFTE',D CODUTY CO including property taxes and the sale of income tax credits acquired as a result of this Easement (5) tax benefits or consequences of any kind which result or do not result from entering into this Easement Deed; and (6) the obligations, covenants, representations, and warranties described herein; 12.4. Waiver of Certain Defenses. No action shall be commenced or maintained to enforce the terms of any building restriction described in this Easement Deed, or to compel the removal of any building or improvement, unless said action is commenced within four (4) years from the date of discovery of the violation for which the action is sought to be brought or maintained. To the extent that any defense available to Grantor pursuant to C.R.S. §38-41-119 is inconsistent with the foregoing, Grantor waives that defense. Grantor waives the defenses of laches, estoppel and prescription with regard to the enforcement of all other terms of this Easement Deed; 12.5. Acts Beyond Grantor's Control. Nothing contained in this Easement Deed shall be construed to entitle the Trust to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. Grantor is not responsible for acts of third parties not authorized to access the Property, and is responsible for any third parties, including guests or invitees, authorized by Grantor to access the Property; In the event the terms of the Conservation Easement are violated by acts of third parties beyond the control of Grantor, including trespassers, or that the Grantor could not reasonably have prevented, the Grantor agrees. at the Trust's option, to (1) join in any suit against the third party or parties; (2) assign to the Trust her right of action against the third party or parties; (3) appoint the Trust her attorney-in-fact; and (4) take any action necessary to facilitate the Trust's pursuit of the third party for the purposes of enforcing, through judicial action or other dispute resolution means, the terms of this Deed of Easement against the third party or parties; provided, however, that all costs and attorneys fees incurred by the Trust in any such enforcement action to address any damage or injury caused by any third party, and which are not caused by or aggravated by any act or omission of the Grantor, shalt he borne by the Trust, and Grantor hereby relinquishes any right or claim to any and all reimbursement of costs and fees, including but not limited to attorney fees, and any and all monetary damages or remedies provided, assigned, or directed to the Trust as result of its pursuit of the third party and its pursuit of the restoration of the Conservation Values of the Property, or both. Grantor agrees to make its best efforts and take all actions practicable to restore the Conservation Values of the Property to their condition prior to the violation, regardless of the outcome of any legal or other action against the third party violator, and the Trust agrees to assist therewith. Nothing in this subsection shall prohibit the Trust from pursuing Grantor for violation of the terms of this Easement Deed. 13. Extinguishment and Condemnation. 13.1. Extinguishment. The Parties agree that any changes in the economic viability of the uses permitted or prohibited by this Easement Deed, or changes to neighboring land and its use shall not be deemed circumstances justifying the termination or extinguishment of the 10 .n-innA Go-ico Paae 11 S., III Wit Receptiontt: 714267 /212512006 O3�38 PM B•1878 P:0860 Mildred Rlsdorf 11 of 19 Rec Fee.$96.00 Doc Fee:0.00 GARFIELD COUNTY CO Easement. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to implement any or all of the uses permitted under this Easement Deed, shall not impair the validity of this Easement Deed or be considered grounds for its termination or extinguishment. If circumstances arise in the future that render the purposes of this Easement Deed impossible to accomplish, this Easement Deed can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction after the court has explored all options for importing other purposes for the Easement pursuant to the cy pres doctrine. Each Party shall promptly notify the other when it first learns of such circumstances. The amount of the proceeds to which the Trust shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination, shall be determined, unless otherwise provided by Colorado law at the time, in accordance with the Proceeds paragraph below; 13.2. Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate the Easement in whole or in part, Grantor and the Trust shall act jointly to recover the full value of the interests in the Property subject to the taking or in -lieu purchase and all damages resulting therefrom. All expenses reasonably incurred by Grantor and the Trust in connection with the taking or in -lieu purchase shall be paid out of the amount recovered. The Trust's share of the balance of the amount recovered shall be determined by multiplying that balance by the percentage set forth in Proceeds paragraph below; 113. Proceeds. Grantor and the Trust stipulate that as of the date of this Easement Deed, they are each vested with a real property interest in the Property. The Parties further stipulate that the Trust's interest in the Easement has a value of 50 % of the fair market value of the Property from this date forward, and such percentage interest shall remain constant in relation to any future fair market value of the Property. Such percentage interest shall be used only for determining Trust's proportion of proceeds from any payment of damages or action resulting from circumstances described in the Extinguishment and Condemnation paragraphs above. The Parties agree that the value of any improvements to the Property trade by Grantor after the date of this Easement Deed is reserved to Grantor. 14. Assignment. In the event the Trust is no longer able to carry out its duties and obligations under this Easement Deed, or if circumstances change so that another similar organization is better able to carry out such duties and obligations, the Trust may elect to transfer the Easement with notice given to Grantor, provided that the Trust may assign its rights and obligations under this Easement Deed only to an organization that is (a) a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder; (b) authorized to acquire and hold conservation easements under Colorado law; and (c) charged with a mission similar to that of the Trust. As a condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to carry out and uphold the purposes of the Easement and the Conservation Values and otherwise assume all of the obligations and liabilities of the Trust set forth herein or created hereby. After such transfer, the Trust shall have no further obligation or liability under this Easement Decd. rtrt.A•lIA 107raARa7F0 11 Pane 12 **WV' ti -t) t.l.l 1.1f VO4,10,1-10 1.11,111 VI1.1.1..1 lEd vlo 1111 in�`n�fi> l��.fiil 6r i�4 �'�Ir "& I4?I 1��! �I III Reception#: 714267 12'2912006 03 0038 PM 8 1878 P:086' Mildred aisdorf 12 of 19 Rec Fee:$96.0D Doc Fee 0.00 GARFIELD :0UN Y CO 15. Subsequent Transfers. Grantor agrees to notify any party who may purchase, lease, or otherwise hold interest in this Property of the existence and terms of this Easement Deed, and to provide a copy of the Deed and thc Baseline Documentation to such party if requested. Grantor further agrees to give notice to the Trust of thc transfer of any such interest prior to transfer, and provide the opportunity for the Trust to explain the terms of this Deed to potential new owners prior to sale closing. in addition, at any time Grantor transfers the Property to anyone other than Grantor's family, heirs or beneficiaries, that party shall pay a transfer fee of 5100.00 to the Trust to cover administrative costs associated with the transfer as well as put the Third Party Purchaser on notice of the ten -ns of this Easement Deed The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement Deed or limit its enforceability in any way. 16. Notices. Any communication that either Party desires or is required to give to the other shall be in writing and served personally or sent by first class mail, postage prepaid, addressed as follows or to such other address as either party from time to time shall designate by written notice to the other: To Grantor: To the Trust: West Divide Ranch LLC c/o H. Dow and Katharine Rippy 7051 County Road 335 Box B New Castle 81647 Aspen Valley Land Trust 320 Main Street, Suite 204 Carbondale, CO 81623 17. Recordation. The Trust shall record this instrument in timely fashion in the official records of Garfield County, Colorado and may re-record it at any time as may be required to preserve its rights in this Easement Deed. 18. Amendment. If circumstances arise under which an amendment to this Easement Deed would be appropriate to promote the purposes of the Easement, Grantor and the Trust may jointly amend this Easement Deed. However, the Trust is under no obligation to amend this Easement Deed, and may decline any amendment in its sole discretion and exclusive judgment. Any amendment must be consistent with, and protect and preserve, the purposes of the Easement and the Conservation Values and may not affect the Easement's perpetual duration. Any amendment must be in writing, signed by all the Parties, and recorded in the records of the Clerk and Recorder of the appropriate Colorado County. Correction deeds to correct factual mistakes or typographical or clerical errors may be made at the discretion of the Trust. No amendment shall be allowed that affects the qualification of this Easement or the status of the Trust under any applicable laws, including C.R.S. Section 38-30.5-101, el seq., or Section 170(h) of the Code or any regulations promulgated thereunder. No amendment shall be permitted that will confer a private benefit to Grantor or any other individual or entity (see IRS Reg. 1.170A-14(h)(3)(i)) 12 Dana 11 il11 11111 Reception4: 714267 12/29/2006 03:00 39 PM 0 1978 P 0862 Miidred Aisaorf 13 of 19 Rea Fee 596 D0 Doc Fee:0.00 GARFIELD COUNTY CO greater than the benefit to the general public, or that will result ii private inurement to a Board member, statT or contract employee of Trust (see IRS Reg. 1.501(0(3)-1(0(2)). 19. Subordination. At the time of conveyance of the Easement, the Property is subject to the following: (i) a Deed of Trust on file with the Garfield County Clerk and Recorder ("Recorder") in Book 1483 at Page 280 as Reception No. 629968; (ii) a Deed of Trust on file with the Recorder in Book 1483 at Page 310 as Reception No. 629970; (iii) a Deed of Trust on file with the Recorder in Book 1480 at Page 590 and re-recorded in Book 1595 at Page 413 as Reception No. 653812 The holder of each Deed of Trust has agreed, by separate instruments, to subordinate their rights in the Property to the extent necessary to permit the Trust to enforce the purposes of the Easement in perpetuity and to prevent any modification or extinguishment of the Easement by the exercise of any rights of the Deed of Trust holder. 20. General Provisions. 20.1. Exhibits. The following Exhibits are attached to and incorporated by reference into this Easement Deed. Exhibit A: Property Legal Description, Exhibit 13: Survey of Property, 20.2. Definitions. The terns "Grantor" and "the Trust," wherever used herein, and any pronouns used in place of those terms, shall refer to, respectively, Grantor and its heirs, personal representatives, executors, administrators, successors and assigns, and the Trust, its successors and assigns. The term "Property," wherever used herein, shall refer to the land described in Exhibit A. The terms "Easement" and "Conservation. Easement in gross" refer to the immediately vested interest in real property defined by Colorado Revised Statutes §§ 38- 30.5-101 et seq. The term "Easement Deed" refers to this legal document, consisting of the rights and restrictions enumerated herein, by which said Easement is granted; 20.3. Controlling Law. The interpretation and performance of this Easement Deed shall be governed by the laws of the State of Colorado; 20.4. Liberal Construction. This Easement Deed shall be liberally construed in favor of the grant to effect the purposes of the Easement and the policy and purpose of C.R.S. §38- 30.5-101 et seq. If any provision in this instrument is found to he ambiguous, an interpretation consistent with ensuring continuation of the purposes of the Easement and the preservation and protection of the Conservation Values that would render the provision valid shall be favored over any interpretation that would render it invalid. The common law rules of disfavoring restrictions on the use of real property and construing restrictions in favor of the free and unrestricted use of real property shall not apply to interpretations of this Easement Deed or to disputes between the Parties concerning the meaning of particular provisions of this Easement Deed; 13 Pana 1d tin VAPOR ffititisARAM:41:1N Receptiontt: 714267 12129/2066 0-00:38 PM 0 1878 P 0963 Mildred Plsdort 14 of 19 Rec Fee:396.00 Doc Fee.0.00 GRRF1ELD COUN?Y C0 20.5. Severability. If any provision of this Easement Deed, or the application thereof to any person or circumstance, is found to he invalid, the remainder of the provisions of this Easement Deed shall be deemed severable and remain in full force and effect; 20.6. Entire Agreement. This instrument sets forth the entire agreement between the Parties with respect to the Easement Deed and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement Deed, all of which are merged herein; 20.7. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect; 20.8. Joint Obligation. The obligations imposed by this Easement Deed upon Grantor shall be joint and several (in the. event that there is more than one Grantor); 20.9. Successors. The covenants, teens, conditions, and restrictions of' this Easement Deed shall be binding upon, and inure to the benefit of, the Parties hereto and Grantor's respective personal representatives, heirs, successors, transferees, and assigns, and the Trust's successors, transferees, and assigns, and shall continue as a servitude running in perpetuity with the Property; 20.10. Termination of Rights and Obligations. A Party's rights and obligations under this Easement Deed terminate upon transfer of the Party's interest in the Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer; 20.11. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation; 20.12. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart shall be deemed an original instrument as against any Party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling; 20.13. Merger. Unless the Parties expressly state that they intend a merger of estates or interests to occur, no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Easement Deed. 20.14. Acceptance of Gift. The Grantee acknowledges receipt and acceptance of this Conservation Easement encumbering the Property described herein, for which no goods or services were provided. 20.15. Development Rights. Grantor hereby grants to the Trust all development rights associated with the Property except as specifically reserved herein for the limited purpose of ensuring that such rights are forever terminated and extinguished, and may not be used by Grantor, the Trust, or any other party. 14 ,n -7r AIa7co Paae 15 ■illK VIAMNIl MitiWtiOCWI H 11 I I Reception#: 724267 12!2912008 03:00-38 PM 8 1878 P-0864 Mildred Aisddrr 15 of 19 Ree Fee $96 00 Doc Fee:0.00 GARFIELD COUNTY CO TN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of Conservation Easement as of the date first written above. GRANTOR Wes Ranch LLC, a Colorado limited liability company By: H. Dow Rippy, M By: Katharine Rippy, Member and ager ber and Manager STATE OF COLORADO COUNTY OF GARFIELD ss. ) The foregoing instrument was acknowledged before me this 29`" day of December 2006, by H. Dow and Katharine Rippy as Members and Managers of West Divide Ranch LLC, a Colorado limited liability company, as Grantor. WITNESS my hand and official seal. [SEAL] Y' ir,1 ytf `� `• i et r e i..., .i kt. ,•OF CC''..r J,' 107114A847A4 Notary Publ My commission expires: `'Y\ Oo c Cr;c1.1.- 15 Pave ig IPI In WilflitfamlifillinitrIFE AY.l `11 X111 II Reception#; 714267 42129!2008 03 DO 38 PM 8:1878 P:0860 Mildred Alsdort 16 o1 19 Rao Fee:$96 00 Doc Fee Q.00 GARFIELD COUNTY CO ACCEPTED by TRUST: ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, U ' By: 1 Cmc a,1& Martha Cochran, Executive Director STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this _291h day of December 2006, by Martha Cochran, Executive Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation. WITNESS myhand and official seal. �. [SEAL] - �.,,1,r \:::3 cl_q ,/ +r, ; : 7.) Notary Pub 1 ,Th .• .,. My commission expires: fir \J \ .I�1�' .>4 .ti.. 1,r,, .... - ,nn1 n•] •Ifs 4.4•A, 1071104FQ7FQ 16 Paae 17 ■lily Reception#: 714267 12129/2006 03.00 38 PM 8:1878 P.0866 Mildred Rlsdorf 17 of 19 Rec Fee.S96.CC Doc Fee 00 GARF1E1.D COUNTY CO EXHIBIT A Legal Description of Property PARCEL l A TRACT OF LAND IN THE SEI /4SW I /4 AND THE S I /2SE 1 /4 SECTION 24, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN IN GARFIELD COUNTY, COLORADO. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH ONE-QUARTER COMER OF SAID SECTION 24, MONUMENTED WITH AN ALUMINUM PIPE AND CAP; THENCE N 89 DEGREES 40'42" E, AND ALONG THE SOUTH LINE OF THE SW 1/4SE1/4 OF SAID SECTION 24, A DISTANCE OF 1307.57 FEET TO THE EAST 1/16 CORNER COMMON TO SECTIONS 24 AND 25 W SAID TOWNSHIP AND RANGE AND MONUMENTED WITFI A REBAR AND 2" DIA. ALUMINUM CAP; 'THENCE N 89 DEGREES 40'13" E AND ALONG THE SOUTH LINE OF THE SEI /4SE1/4 OF SAID SECTION 24 A DISTANCE OP 1308.00 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 24 MONUMENTED WITH AN ALUMINUM PIPE AND CAP; THENCE N 00 DEGREES 26'29" E AND ALONG THE EAST LINE OF SAID SECTION 24 A DISTANCE OF 1374.44 FEET TO THE SOUTH 1/16 CORNER ON THE EAST LINE OF SAID SECTION 24, MONUMENTED WITH A REBAR AND 2' DIA. ALUMINUM CAP: THENCE S 89 DEGREES 08'38" W AND ALONG THE NORTH LINE OF THE SAID SEI/4SE114 SECTION 24 A DISTANCE OF 1311.37 FEET TO THE SOUTHEAST 1/16 CORNER OF SAID SECTION 24, MONUMENTED WITH A REBAR AND 2" DIA. ALUMINUM CAP; THENCE S 89 DEGREES 08'38° 8 AND ALONG THE NORTH LINE OF THE SWI/4SB114 OF SAID SECTION 24 A DISTANCE OF 1311.16 FEET TO THE SOUTH 1116 CORNER ON THE N/S CENTERLINE OF SAID SECTION 24, MONUMENTED WITH A REBAR AND 2" DIA. ALUMINUM CAP; THENCE S 89 DEGREES 08'52' W AND ALONG THE NORTH LINE OF THE SI3114SW1/4 SAID SECTION 24 A DISTANCE OF 683.27 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF GARFIi'LD COUNTY ROAD NO. 311; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING SIX (6) COURSES: I. S 18 DEGREES 13'16" E A DISTANCE 0E141.53 FEET; 2. S 01 DEGREES 26'38' E A DISTANCE OP 128.13 FEET; 3. S 01 DEGREES 10'04' W A DISTANCE OF 166.92 FEET; 4. S 02 DEGREES 55'45" E A DISTANCE OF 138.09 FEET; 5. S 12 DEGREES 31' 11" E A DISTANCE OF 180.18 FEET; 6_ S 14 DEGREES 45'08" E A DISTANCE OF 66.10 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LLNE N 70 DEGREES 27'47' E AND FOLLOWING AN EXISTING FENCELINE A DISTANCE OF 6.53 FEET; THENCE 5 69 DEGREES 04'26" E AND CONTNUING ALONG SAID FENCELINE A DISTANCE OF 172,71 FEET; THENCE N 52 DEGREES 09'16" E AND CONTINUING ALONG SAID FENCELINE A DISTANCE OF 69.32 FEET; THENCE' LEAVING SAID FENCELINE S 60 DEGREES 42'44" E A DISTANCE OF 109.95 FEET TO A SMALL CREEK; THENCE S 07 DEGREES 06'38' E A DISTANCE OF 81.93 FEET TO THE NORTHERLY SIDE OF AN UNIMPROVED) ROAD; THENCE ALONG THE NORTHERLY SIDE OF SAID UNIMPROVED ROAD THE FOLLOWING TEN (10) COURSES: 1. S 75 DEGREES 33'30' W A DISTANCE OF 46.40 FEET; 3. 5 54 DEGREES 03'01" W A DISTANCE OF 33.36 FEET; 3. S 39 DEGREES 16'11" W A DISTANCE OF 40.63 FEET, 4. S 22 DEGREES 29'35" W A DISTANCE OF 39.53 FEET; 5. S 15 DEGREES 43'01" W A DISTANCE OF 65.16 FEET; 6. S 16 DEGREES 38'22" W A DISTANCE OF 83.08 FEET; 7. S 09 DEGREES 12'32" W A DISTANCE OF 114.29 FEET; 8. S 46 DEGREES 36'00" W A DISTANCE OF 18.50 FEET; 0nn7_m_')n 1A't Q 1Q7f1QdFQ7AQ Paae 18 VIII171J VYAitfiiiii,frifilliaitIOnitlittehfill 1(IIi Reception#: 714267 1Z129/2006 0300:38 PM B:1B78 P 0867 Mildred Alsdorf 19 of 19 Rec Fee:$96.00 Doc Fee;0.00 GARFIELD COUNTY CO 9. S 69 DEGRFFS 56'56" W A DISTANCE OF 37.14 FEET; 10. S 86 DEGREES 24'55" W A DISTANCE OF 63.40 FEET TO A POINT WHERE SAID EASTERLY RIGHT-OF-WAY LINE CROSSES THE SOUTH LINE OF THE SE tI4SW I/4 OF SAID SECTION 24; THENCE N 89 DEGREES 40'46' E AND ALONG SAID SOUTH LINE A DISTANCE OP 528.16 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 24, THE POINT OP BEGINNING LESS ANI) EXCEPT A BUTT DING ENVELOPE DESCRJI3ED AS FOLLOWS: A PARCEL OF LAND IN THE SWI/4SE1/4 SECTION 24, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN IN GARIFELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT PROM WHICH THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 24, MONUMENTED WITH AN ALUMINUM PIPE AND CAP BEARS S 13 DEGREES 29'00' W A DISTANCE OF 655.48 FEET; THENCE FROM SAID POINT OF BEGINNING N 34 DEGREES 27'58' W A DISTANCE OP 235.42 FEET; THENCE N 61 DEGREES 05'42' E A DISTANCE OF 236.10 FEET; THENCE S 45 DEGREES 27'05" E A DISTANCE OF 256.29 FEET; THENCE S 63 DEGREES 22'07" W A DISTANCE OF 286.50 FEET TO THE POINT OP BEGINNING COUNTY OF GARFIELD STATE OF COLORADO 18 Pang '1Q !WY T In !Of f 111111 0)1 DV un TI1 5 tfIR tAillitt WISP, 14 , w t. T.17. T*47 1•414.1.1,1IL Clerk's Note: This document is a poor copy and will not photocopy well, This is not the fault of this office. Date"mCkInit. MO( (4f5441,414[4.13.. • Vt 34,1 Of •ra. a 411. ttev•reora .7144..a! - "t4t."!"".7.,1f-c'L' r;CF L CONSERVAT rON EASEMEN T S1/2S1/2 SEC 24 T7S R9,7w f, TlflJ.J •:13 :0 1, rz:PC to.tik t, ='"1-ft_f•I f • 54. eSPhic ,cr.. •DN. t. f t ttilt1 • r • • .„ ...•••••• "."••• e• • Z:.•••••• • •••/ t• • I "." cc, at a.r ca• a• raev..rt ; I •. wo.r• ••••.[•,:. • of •. 417 :••••• • 'illy • ••• <Z. cect trc cve 'co N.V....V.: • ••,•••-.• 4•41.3414,1 • 44.4....4 • .4,41.1 • ay.... us at, • ...134,f tgP4. ;r'7. :45 41,1 .Va • v . f• . • . • s • .• • • .10•,• ,• 2 ' : '7'33 :f '5 li••• 14)44:111. a -MI.. 4- : • • • - •••— - • • — ; • - • " . . • .„ oces c -• •owc *44 rose., oc.co •••. i" -M1 • • Z:4T If; al; 6, f • ttal.V.0 • ara.,• a lap, .• '?•, • • ••• • ' , • •,e L. .4••••• 4, ..art .„ : 41.30.. • fr, 1.1.111.4, • cals.-. t, ••• • : !: 4" t1F.": a Iva 3.t....... •••• ,46.11 44 MO a.... 1 LIY.ISCf!...Arit.14 (nscpc tjT stgr„; , SPRS:.•;.! SE: ra T7:: k02.-. 6 fig r -lo • , 7 - ' •!"..,...::- -.- .., • 1 1 '. .a .1-.4 A,. • Am t...17 C-777,. " • "a-.. i .— .". . . - _ _ . . .HALf; C.... -4.17:7R)- S1P3'ET0C -, ...L .2 ..-: _. • t. Signature Cate Management =:G Name "X47 CfeY'access - Si .Pre -application on site visit by Garfield Count! Vegetation Manacemer: 625-56 `: MUST be verified by signature beiovy before application is accepted and at leas 'r,it .tee%s r.cr :.. treatment. ent. an appointment warty! Garfield Courty Vegetation Targeted weed #c'fr& ' io-47`i c 7//.5 / .44 f4/Z deo / 2. Total acres 9$ amount •o e a CAaS Describe the areas you pian to treat. p ,,/4eAtS, ,nlai 744i{s'. 4. The Districts must know when yos.L are treat,nil. r.cx oLis weeds .n orcer to bLdoet this year's fundinc. EX Spring Deadline June 30 2006 Fall Deadline November 17, 2006 0 Spring and Fall Deadline November 17. 2006— iF ,:r._. are area -±..c. r.cx.c'. s in the spr erg and fait` and wcul . like reimbursement for both area :mems this box ce c^ec ac. 5. What methods of treatment will you use'?�fc'j -s-14/5141, S1">gi' y .441 � 0 Herbicides. List product name and rate and tilting o:1.o. a.icar Pin �- / b. Grazing. Describe grazing pian ant ......:'G, / 0 Mechanical. Describe methos. i, ow!nc, c. ttinc. pun) c 77 , 4il/d f41 41y d. Alternative methods. e. Revegetation. What and when: you u aian to reseed. ,VA 6. Name of professional weed control company. 41 Sketch project area. Map must include weed species, location and stand density, Also include any irrigation, ditches, roads, fences or buildings. bids tdam, ceiktIS ro,✓; o N ivnirve .r- T i $' /2dor.7 ct 1v dj: t`f.;,rr.vd.r e' As, 44 AAT‘ 44i1 4,x -,44,4y y ./d .`gr ti e IT IS YOUR RESPONSIBILITY TO FILL OUT THE APPLICATION AND TURN IN ON TIME. iF YOU HAVE ANiY 9ie,4444. c--5 cj ,es0 Aii4C:eAr— CC 1;a j2e, 01e4t /it* e4.1 -7-r 6, 944 '7 t.1()..1,e?e:- dc, , /Z,5 •2 r4!!".77;et.50--li dAg- 1.) `74-- /Cc. r1 -e2,<( 754)/ c ziq3 tcw, /co g 7 • 31/ 52-7: 1)c, 4e1t, 40(2,4 I..-107 0, <, —3/ I 6,).1 i(i76.-ric.c