HomeMy WebLinkAbout1.01 Appendix A - Application Forms1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2179-083-00-103 PRE-APP DATE: 9/10/2019
PROJECT: Rifle Gravel Pit #1
OWNER: Scott Contracting Inc.
REPRESENTATIVE: Angie Fowler and Jenna Friesen, SGM
PRACTICAL LOCATION: Address TBD, approximately 1 mile northeast of Rifle Airport
ZONING: Rural
TYPE OF APPLICATION: Major Impact – Extraction, Gravel
I. GENERAL PROJECT DESCRIPTION
The Applicant is seeking a Land Use Change Permit for a commercial gravel pit to be located on a
57.9-acre parcel just north of Interstate 70, approximately 1 mile northeast of the Rifle Airport. As
represented by the Applicant, the site has approximately 3 million tons of minable material that
will be extracted in four phases over five to seven years. Various types of heavy equipment will be
utilized for the mining and dewatering activities as well as the use of a work trailer, screening and
wash equipment and seeding and mulching equipment for reclamation operations. Three to five
employees will be present on the site depending on the phase. Access to the property is via I-70
frontage road. The Applicant has indicated that waivers may be requested from the Water Supply
and Distribution Plan, Wastewater Treatment Plan, Traffic Study and 100-foot industrial setback
standard. Accompanying explanations as to why the waivers are warranted must be included with
the application. Depending on the application submittals, Staff may not be supportive of waiver
requests.
II. COMPREHENSIVE PLAN
The property is designated in the County Comprehensive Plan as within the Residential Medium
High Density (2 to <6 acres per dwelling unit) and New Castle Urban Growth Area.
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III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
• Garfield County Comprehensive Plan, 2030
• Garfield County Land Use and Development Code, as amended
• Section 4-101 – Common Review Procedures
• Section 4-105 – Major Impact Review
• Section 4-203 – Submittal Requirements
• Applicable Provisions from Article 7, Standards (Article 7, Divisions 1-3, Section 7-1001
Industrial Use and Section 7-1002 Gravel Extraction)
IV. SUBMITTAL REQUIREMENTS
Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.
Outlined below is a list of information typically required for this type of application.
• 4-203.B. General Application Materials
o Completed Application Form
o Completed Payment Agreement Form and application fees
o Proof of Ownership (title work, copy of the deed)
o If owner intends to have a representative, a letter of authorization to represent is
needed (a statement of authority form will also be required).
o Names and mailing addresses of properties within 200 ft. of the subject property.
o Mineral rights ownership for the subject property (demonstrated through a search of
Clerk and Recorders database and/or Assessors database, form and memo attached).
o A narrative describing the request and related information.
o Copy of this pre-application summary
• 7-203.C. A Vicinity map within a radius of approximately 3 miles
• 4-203.D. Site Plan
• 4-203-.E. Grading and Drainage Plan
• 4.203.F. Landscaping Plan
o Note: Industrial uses are exempt from landscaping standards. A waiver may be
requested from this submittal requirement.
• 4-203.G. Impact Analysis
• 4-203. J, K. Development Agreement / Improvements Agreement
o Note: Waivers may be requested from these requirements if there are no vesting
issues and no public improvements.
• 4-203. L. Traffic Study – Basic Traffic Study will be required.
• 4-203.M. Water Supply/Distribution Plan
o Note: If there are no employees proposed on-site, the applicant may not be required
to provide a permanent source or water. Otherwise, the Applicant will need to
demonstrate that there is a legal and adequate water supply for all uses it is serving.
The applicant should complete an analysis of total anticipated employees’ time on
the site. Waivers may be requested from applicable code provisions regarding Water
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and Wastewater provisions, however the applicant should note that depending on
the application submittal, Staff may not be supportive of a Waiver request.
• 4-203.N. Wastewater Treatment Plan
o Note: If there are no employees proposed on-site, the applicant may not be required
to provide a wastewater/bathroom facility. The applicant should provide justification
if a facility is not proposed. Otherwise, the applicant will need to demonstrate that
the septic is legal and adequate for all uses it is serving. The applicant should
complete an analysis of total anticipated employees’ time on the site. Waivers may
be requested from applicable code provisions regarding Water and Wastewater
provisions, however the applicant should note that depending on the application
submittal, Staff may not be supportive of a Waiver request.
• Respond to Standards fully described in Article 7, Divisions 1, 2 and 3 as applicable
• Respond to Standards fully described in Section 7-1001 Industrial Use and Section 7-1002
Gravel Extraction with inclusion of required reports/plans (water quantity/quality, air
quality, noise/vibration, visual mitigation, reclamation, etc.)
• A Floodplain Development Permit pursuant to Section 4-203.O will be required as a
Condition of Approval prior to issuance of the permit, if granted.
Submit three paper copies and one digital for applications. Additional copies will be requested upon
determination of completeness. See the land use code for additional information on submittal
requirements.
V. APPLICATION REVIEW
a. Review by: Staff for completeness recommendation and referral agencies for
additional technical review
b. Public Hearing: __ None (Director’s Decision)
_X Planning Commission
_X Board of County Commissioners
__ Board of Adjustment
c. Referral Agencies: May include Colorado Department of Transportation, Fire Protection
District, Garfield County Designated Engineer, Garfield County
Environmental Health, Mined Land Reclamation Board, Garfield
County Vegetation Management, Colorado Parks and Wildlife, Division
of Water Resources and others.
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VI. APPLICATION REVIEW FEES
a. Planning Review Fees: $ 525.00
b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees
c. Total Deposit: $ 525.00 (additional hours are billed at $40.50 /hour
General Application Processing
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. The
summary is valid for a six month period, after which an update should be requested. The Applicant
is advised that the Application submittal once accepted by the County becomes public information
and will be available (including electronically for review by the public). Proprietary information can
be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
September 19, 2019
___________________________________________ ____________________
Claire Dalby, Planner Date
5
Num
SILT
&
80112
6/18/2020 Garfield County Land Explorer
Garfield County Land Explorer
Parcel Physical Address Owner Account
Mailing Address
217907100292 Not available SILT ISLAND PARK LLC R024363 2311 MEADOWLARK LANE GLENWOOD SPRINGS, CO
81601
217908100527 Not available SILT SHIDELEROSA LLLP R230963 1411 COUNTY ROAD 316 SILT, CO 81652
217908200101 6073 346 COUNTY RD COLORADO RIVER RANCH, LLC R023384 10 MUSTANG DRIVE NEW CASTLE, CO 81647
217908300102 Not available SILT REX ROBINSON RANCH LLC R023138 5473 N CRESCENT RIDGE DRIVE TUCSON, AZ 85718
217908300103 Not available SILT SCOTT CONTRACTING INC R023405 9200 E MINERAL AVENUE #400 CENTENNIAL, CO
ROW Not available null
1/1
Account Number R023405 Certificate Number 2019-00660
Parcel 217908300103 Acres 57.90
Order Number ABS63013676
Assessed To Vendor ID 4
MALONE RANCH, LLC & R&B RANCH, LLC
104 CAMPBELL LOOP
HATTISBURG, MS 39401
Land Title
1317 Grand Ave
#200
Glenwood Springs, CO 81601
Legal Description Situs Address
Section: 8 Township: 6 Range: 92 PT OF SWSW(15.77AC), PT OF SESW(35.82AC), SEC. 17 PT OF
N1/2NENW & E 248' OF N1/2NWNW(6.31AC
Year Tax Interest Fees Payments Balance
Tax Charge
2018 $129.52 $0.00 $0.00 ($129.52)$0.00
Total Tax Charge $0.00
Grand Total Due as of 04/18/2019 $0.00
Tax Billed at 2018 Rates for Tax Area 023 - 2HD-SF - 023
Authority Mill Levy Amount
GARFIELD COUNTY 13.6550000 $27.31
COLORADO RIVER FIRE PROTECT 6.4590000 $12.92
COLO RIVER WATER CONS 0.2560000 $0.51
WEST DIVIDE WATER CON 0.0370000*$0.07
GRAND RIVER HOSPITAL 9.9450000*$19.90
SCHOOL DISTRICT RE-2 29.3300000 $58.67
COLORADO MTN COLLEGE 3.9970000 $8.00
GARFIELD COUNTY PUBLIC LIBR 1.0720000 $2.14
Taxes Billed 2018 64.7510000 $129.52
* Credit Levy
Values Actual Assessed
MEADOW HAY LAND
-AGRICLTRL
$6,900 $2,000
Total $6,900 $2,000
All Tax Lien Sale amounts are subject to change due to endorsement of current taxes by the lienholder or to advertising and distraint
warrant fees. Changes may occur and the Treasurer's Office will need to be contacted prior to remittance after September 1, 2019. TAX
LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or
the County Assessor.
This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax
or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically
mentioned.
I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all
outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount
required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal.
GARFIELD COUNTY TREASURER
Certificate of Taxes Due
Apr 18, 2019 9:41:01 AM Page 1 of 1
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:ABS63013676-2 Date: 06/20/2019
Property Address:MALONE RANCH, SILT, CO 81650
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance Closer's Assistant For Title Assistance
Leigh Renfro
102 S TEJON #760
COLORADO SPRINGS, CO 80903
(719) 572-7894 (Work)
(303) 393-4774 (Work Fax)
lrenfro@ltgc.com
Company License: CO44565
Amy Aarons
102 S TEJON #760
COLORADO SPRINGS, CO 80903
(719) 386-0544 (Work)
(877) 334-2015 (Work Fax)
aaarons@ltgc.com
Company License: CO44565
Nicole Hall
5975 GREENWOOD PLAZA BLVD
GREENWOOD VILLAGE, CO 80111
(303) 850-4189 (Work)
nhall@ltgc.com
Buyer/Borrower
SCOTT CONTRACTING, INC.
Attention: LON SCHUMACHER
9200 E. MINERAL AVE., #400
CENTENNIAL, CO 80112
(303) 279-0900 (Work)
lschumacher@scottcontracting.com
Delivered via: Electronic Mail
Seller/Owner
MALONE RANCH, LLC, A COLORADO LIMITED
LIABILITY COMPANY
Attention: SIDNEY MALONE
104 CAMPBELL LOOP ROAD
HATTIESBURG, MS 39401
(601) 408-9726 (Work)
maloneranch@gmail.com
Delivered via: Electronic Mail
Seller/Owner
R&B RANCH, LLC, A COLORADO LIMITED LIABILITY
COMPANY
Attention: ROBERT MCCONNELL
424 TURNBERRY COURT
OXFORD, MS 38655
(601) 631-1067 (Work)
bobbyjo03@hotmail.com
Delivered via: Electronic Mail
Attorney for Seller
HOFFMAN NIES DAVE & MEYER
Attention: MARK A MEYER
5350 S ROSLYN ST #100
GREENWOOD VILLAGE, CO 80111
(303) 860-7140 (Work)
(303) 623-9222 (Work Fax)
(720) 390-3458 (Other)
mmeyer@hn-colaw.com
Land Title Guarantee Company
Estimate of Title Fees
Order Number:ABS63013676-2 Date: 06/20/2019
Property Address:MALONE RANCH, SILT, CO 81650
Parties:SCOTT CONTRACTING, INC. A COLORADO CORPORATION
MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY AND R & B
RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"ALTA" Owner's Policy 06-17-06 $4,844.00
Deletion of Standard Exception(s)$100.00
Tax Certificate $26.00
Total $4,970.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Garfield county recorded 06/03/2009 under reception no.
769092
Property Address:
MALONE RANCH, SILT, CO 81650
1.Effective Date:
05/31/2019 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"ALTA" Owner's Policy 06-17-06
Proposed Insured:
SCOTT CONTRACTING, INC. A COLORADO CORPORATION
$2,700,000.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY AND R & B RANCH, LLC, A COLORADO
LIMITED LIABILITY COMPANY
5.The Land referred to in this Commitment is described as follows:
TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M.,
SECTION 8: S1/2 SW 1/4
SECTION 17: NE 1/4 NW 1/4 AND NW 1/4 NW 1/4
LESS AND EXCEPTING THE FOLLOWING TRACTS OF LAND PREVIOUSLY CONVEYED AND RECORDED:
1. A TRACT OF LAND LOCATED IN THE SW 1/4 SW 1/4 SECTION 8, AND THE NW1/4 NW 1/4 SECTION 17,
CONVEYED BY GEORGE YULE BY WARRANTY DEED RECORDED APRIL 17, 1893 IN BOOK 32 AT PAGE
425.
2. A TRACT OF LAND LYING IN THE SE CORNER OF THE NE 1/4 NW 1/4 OF SECTION 17 AS GRANTED TO
SCHOOL DISTRICT 27 OF GARFIELD COUNTY BY WARRANTY DEED DATED OCTOBER 10, 1891,
RECORDED OCTOBER 12, 1891 IN BOOK 25 AT PAGE 188.
3. A TRACT OF LAND LYING IN THE SE 1/4 SW 1/4 SECTION 8, AND N 1/2 NW 1/4 SECTION 17
COMPRISING INTERSTATE HIGHWAY 70 R.O.W., INCLUDING:
THAT PART OF THE N 1/2 NW 1/4 SECTION 17 CONVEYED TO THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF GARFIELD, STATE OF COLORADO AND STATE DEPARTMENT OF
HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO BY COURT ORDER RECORDED FEBRUARY
24, 1977 IN BOOK 493 AT PAGE 768.
4. THAT PORTION OF THE NE1/4NW1/4 AND NW1/4NW1/4 OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE
92 WEST, SITUATE SOUTHERLY OF THE INTERSTATE HIGHWAY 70 RIGHT OF WAY, AS CONVEYED TO
JACQUE COUEY BURRIS BY SPECIAL WARRANTY DEED RECORDED OCTOBER 4, 1991 IN BOOK 814 AT
PAGE 812.
COUNTY OF GARFIELD,
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS63013676-2
Copyright 2006-2019 American Land Title Association. All rights reserved.
The use of this Form 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.
STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS63013676-2
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: ABS63013676-2
All of the following Requirements must be met:
This 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.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
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.
1.PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT ALTA/NSPS LAND TITLE SURVEY OF
SUBJECT PROPERTY. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE
NECESSARY.
LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID ALTA/NSPS LAND TITLE SURVEY.
SAID SURVEY MUST BE CERTIFIED TO LAND TITLE GUARANTEE COMPANY AND OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY.
2.A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS
THERETO FOR MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED
TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY,
ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID
ENTITY.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION.
3.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR
MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED DECEMBER 28, 2015 AT
RECEPTION NO. 871810 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES SIDNEY E. MALONE AND ANN RICHELLE MALONE AS THE
MANAGERS AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE
AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT
ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED.
4.A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS
THERETO FOR R & B RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO
LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY,
ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID
ENTITY.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION.
5.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR R
& B RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED AUGUST 11, 2016 AT
RECEPTION NO. 880935 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES ROBERT MCCONNELL AS THE MANAGER AUTHORIZED TO
EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL
PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT
STATEMENT OF AUTHORITY MUST BE RECORDED.
6.(THIS ITEM WAS INTENTIONALLY DELETED)
7.(THIS ITEM WAS INTENTIONALLY DELETED)
8.GENERAL WARRANTY DEED FROM MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY
AND R & B RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY TO SCOTT CONTRACTING, INC. A
COLORADO CORPORATION CONVEYING SUBJECT PROPERTY.
REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED
A. ITEMS 1-3 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED
ALTA/NSPS LAND TITLE SURVEY. MATTERS DISCLOSED BY SAID ALTA/NSPS LAND TITLE SURVEY MAY
BE ADDED TO SCHEDULE B, PART II HEREOF.
B. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN
AFFIDAVIT, ITEM 4 OF THE PRE-PRINTED EXCEPTIONS, WILL BE AMENDED TO READ:
ITEM 4 OF THE PRE-PRINTED EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS
RESULTING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH
THE ACTUAL KNOWLEDGE OF MALONE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY AND R
& B RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS
ARISING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE
ACTUAL KNOWLEDGE OF SCOTT CONTRACTING, INC. A COLORADO CORPORATION.
C. ITEM 5 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY
CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE
DOCUMENTS IN CONNECTION THEREWITH.
D. UPON PROOF OF PAYMENT OF 2018 TAXES AND ASSESSMENTS, ITEM 6 OF THE PRE-PRINTED
EXCEPTIONS WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2019 AND SUBSEQUENT YEARS.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: ABS63013676-2
All of the following Requirements must be met:
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, 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 and not shown by the Public
Records.
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.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.EXISTING LEASES AND TENANCIES, IF ANY.
9.ANY AND ALL RIGHTS OF A DITCH COMPANY RELATING TO THE UNNAMED DITCHES TRAVERSING
SUBJECT PROPERTY, INCLUDING BUT NOT LIMITED TO DITCH MAINTENANCE AND ACCESS RIGHTS
TO LANDS ADJOINING THE DITCH OR CANAL.
10.NOTWITHSTANDING THE INSURING CLAUSES OF THE POLICY, THE COMPANY DOES NOT INSURE
AGAINST LOSS OR DAMAGE BY REASON OF A LACK OF A RIGHT OF PHYSICAL ACCESS TO AND FROM
THE LAND.
11.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,
AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 05, 1906 IN BOOK 56 AT PAGE
537.
12.RESERVATION OF ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS EVIDENCED IN
INSTRUMENT RECORDED MARCH 27, 1972 IN BOOK 428 AT PAGE 459, AND ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS63013676-2
13.ALL OIL, GAS, HYDROCARBONS AND OTHER MINERALS, TOGETHER WITH SO MUCH OF THE
SURFACE AS MAY BE NECESSARY FOR THE CONVENIENT MINING OR EXTRACTION OF SAME, AND
TOGETHER, FURTHER, THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSES OF PROSPECTING
FOR, DEVELOPING AND PRODUCING SAME, AS RESERVED IN INSTRUMENTS RECORDED FEBRUARY
13, 1973 IN BOOK 440 AT PAGE 469, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS
THEREIN.
14.NO RIGHT OR RIGHTS OF ACCESS TO AND FROM THE HIGHWAY AS EVIDENCED IN RULE AND ORDER
RECORDED FEBRUARY 24, 1977 IN BOOK 493 AT PAGE 768.
15.OIL AND GAS LEASE RECORDED NOVEMBER 02, 1982, IN BOOK 612 AT PAGE 973, AND ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
16.RESERVATION OF ALL OIL SHALE, KEROGEN, SHALE OIL, COAL, OIL, GAS, FISSIONABLE MATERIAL AN
ALL OTHER MINERALS OF ANY KIND OR NATURE AS EVIDENCED BY SPECIAL WARRANTY DEED
RECORDED NOVEMBER 03, 1989 IN BOOK 766 AT PAGE 317, AND ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN.
17.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN WATER WELL
SHARING AGREEMENT RECORDED JUNE 05, 2009 UNDER RECEPTION NO. 769089.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS63013676-2
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 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 of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 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". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy
when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The 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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
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.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Corporation
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“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 to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee
Company
3033 East First Avenue Suite
600
Denver, Colorado 80206
303-321-1880
President
Old Republic National Title Insurance Company, a Stock
Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark Bilbrey, President
Rande Yeager, Secretary
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. 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;
and a counter-signature by the Company or its issuing agent that may be in electronic form.
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.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
-~~ ..
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I -.'::,_ ·~: · ·· 2eco~.,~~~:?.::.;~Z:.·::J.1.:Cc:J.;.~'.~~M'~ft~?~~1~~~~ii.;~:,y4-28f,/?. .. .,... . _ ..... . ..... -:_. .. _.,,.,., .. ;-,.,. ~ ..... •.-1ii:·"",~~t.-·'.'1-..P-."'·~r~·;~.age .. Ji.59.,. ... · ·:' : :. ·.-: "~~~ No~:Z.~2i:~~:. ·~·~~~~~~!~:~~~~~ :,,•:?'~~ •·:.!;-: .. " ~.· ~ ~.
.~~-~;::~-~~:~~$t~~
· . . · S'~'Y.S',t I~c.,.a_Colorado-_~orroration ..... ·-
. of th;' _ ' -~': >~~·:" ·. -, · ... '..'-~~~of . Gertt~ld .·.C
and State of Colorado, of the tlrat.p&rt, and , •....
J. GENTRY and ANN r. GENTRY · . "{. · .. ··
of th,. County of Rio BIAnOo .
and State of Colorado, of the aeeond part: . .
2'.::.:i:-.'::~.·· _::· _-:c . :. ~ \
:~~F: :A;:._:'.,:~··;r.~~ t~:~, ·
'~ ~-~!!l~:,~,l:!:~ ~ ,. .
' -· , MAR '.2'7J912· ~,.
\£·:yji!~t;~)::-· '
. WrrNE.<;SETR, That the Aid parq of the first part~ for a~d fo eonalderitlon.oithe 1wn of
One Hundred a.:-d S~venty-tive 'l'ho\lsand and no/lOOths-.--• o. -· .< .. -• .DOLLARS,,
.to Liat aa1d part7: of the first parHn hand paid by the said partl~·ol the~ part, the ree.-lpt.~ereoi II· I
hereby eonf1111ed a.nd acknowledpct, ha s rranted, barralned, sold and .eoit"Jed, and b)' thea6 pre1enta does· .·
rrant. barraln, .ell, cilnvey and conflnn unto the said.parties of the aeeond 111rt. their h.i ... ~"" ,.•!~ !orevet • ...,1.
In tenancy ln·common but. 111 J'>lnt toniuau1, ••i the tollowlnir dwerlbed lots o~ parcel e, of land, situate, l)'lnr
and beinc .•n the County of . . Garfield:· and State. of
Colorado, to-wit:
Tn• sE•NWi., the SW1iNH1-, the Mti.\ISEIJr:. and tb• u•sw~, of sees. 17,
'l'Vp. 6 s, ftange 92 w of the 6th P.H., contaiAJ.n9 161> •oraa, more ·
or lua, ·alao th• Wl,NWli and the· HW~SffJs of sec. 17 end the NElrAS'w
of Sec. 18, all· in 'l.'Wp. 7 s,. Range 92 w of the. 6th P .M., containing
160 acrea, 1110re or l•HI •l•o the SW!iSN'i of Sec;. 16, the ElsSB1-of
Sec. 17, the NIJSEliand the 6'sNEla of Sac.; ZO, all.!Q 1.l'Wp. 6 8, ·1'an9e
92 w of the 6th P.K., containing',all~280 acraa, more or lff•1 .
also the SElcSH1a and th• sw .. sw>i of Sec. a, and th• N~Nh"I( and the
~ir:a.Nwi. of iec.; 17, all in Twp.· 6 s, ·Range 92 W of the 6th 1'.M. ~
excepting ther•from that certain.paroel.horetOfon conwyed out to
George Yule by that certain Warranty Deed appearing of record in .
the office of the County Clez:k and Recorder of. Garfiel4 county~
·col.oraClo, i.n Book 32 •~.Page 42!,'referenee to Which.1• hereby made,
eatcl excepted.parc.loontaill1.n9 ab0ut 56-3/4 acna, more or leH7
the·parcel being hereby aonwyed oontainin9 about. 103•1/4 acre•,
11Cre or leH 1 also any and all clitch and ditch right.a, wat:er and
wat:er.rJ.9ht• uaed upon, in; or in connect.ion viththe above d••cribe
lancl, inclwlin9, but witnol.lt U.ldtation on th•· generality of tlw
foregoing, all ri9ht, t1Ue an4 interelit in an4 to an Wldivided
4533 ahu:ea of the capital litock of TM New Multa Trina Ditch COJIP&D
a Colorado Mutual Oitcb Corporation, anc:! all right,. title and int:ere•
in and to ~533 eharH of all .water adjudicated to the aforeiaaid 'l'he'
Nev Multa 'l'rina Ditch, being a total aa ehown by tb• records in and
. fOr Garfield.County of 69.67 cubic feet of water per eeaond of time,
with certain auxilliary righU of 9 cubic feet of water per eecond
of t1Jne1 there being pre•antly iHuud and outatand1n9 a total of
lS,912 •hare• of the capital •tock of the eaid The New MUl.ta Trina
Ditch Company. Sai4 ~ater and .ditch ri9hte 1ncl~d9, without limi-
tation upon the generality, 3.76 cubic feot of water per aecond of
ti• trolll tho Colorado River; aaid water being adjuclicated to the
Rieing son Ditch, together with the right• in aaid JU.ein9 son Ditch,
having priority No. l6 and priority 110. u,. aaiil ditch being t:o. U
in the Decrees of tbv Dbtrict Court in and for Water District ~o. C51
also the SW"aNE~ of Sec. 20, Twp. 6 s, Range w o · t e 6tn • ·• ,--·
containing 40 acres, more or less; ·also the SW~SE!..i and the ~
SF'lrSW\: nf c::....... , .. ""n '""·:· ""'l.,'TT"I. ·~~ ..... ,.,,, •••. ;_..-.. . ~ ~cc. 20 I all i
in 'l'wp. 6 s, R.'lngc 9.2 w of the .6th P .M., contair.inq 160 acres, I
more or lecc: <11:.o the SL!zSE~• of Sec. 181 Lot 2, ancl t1'1e NlsNEl:t
and the SWlaNE't of Sec. 19, and the NW'tNW~ of Sec. 20, all in Twp. 6
=
s;· Range 92·W.of the 6th P.M., containing 248.48 acres, more or less:
also the SE:l:NW" of Sec. 20, .Twp. 6 S, Range 92 W of the 6th P.M., I
containing 40 acres., more or less; · · · .
: T<'GETDEii. with all and al"ri;lar •hft he~litllm~nte aild ~ppurtenancu .thweunto wlonsi111r, or In an)'Wlae !I -.
II · •'PP~rtalni11ir. and tbe rtnnlon ind nv "raiOna; remainder 'and. nmalildera, re11ta, lnuq ·and pronta thereof: 11.,d ;j
all th'!' eemte,.rlght, tltl~, lntereat, claim and demand :whatsoevu of the aafll pan of the tint part, -.ither ht !I
j law or equity, of, In and to the above bargalne-J preniliies~·wlth thP h~redltament.• :ind ap;>urt,.1,11 n~""· 1.
_ !I 11
-~ ., !j .rio. i69.. WARft.Ar-rTY l'EBP-To .J.S•t y.,..,. .. ->-..... ~'--· . .. ~ -• ·;:!f...•• !t•~t ~ .. ,...,... ~ .. -. ~··k-?"t.~
-· __ ;_. ---~-.... ---~ .. · .. \:_~ ... ~!·~~<tA-~1::-t_1,._~::~-.f'-~~ ··--
,.l ~~.i-.. i~~;i.:-;~~~,I~~:~;~~il&iil
\' .... ·.;,;-.~ <-" TO llA!E~~~TO HOLD the.~ pNllll-_U-barcai~,~an~1~~bed,_willl}IM._:.a~·~~·~-:£!t:~'.i:~~+
~ :;. :. "!_,;, wd partlta._of,&&e Meolw!Nifi thrcr·~and aaaicna-t .. ...,er.:AM_tht.;.lald pan 1· .. of·th•~tlntip•rt> .. for " o "'"~ '!~lt ~:.; • · ~ ··' :·--itwt;";8u.cc_.,~ l.,,,,1°1'.,1.~~"1.i.......w-..e .. do;ee '.COYe1111~·crut. ''*'lslil":alld 'acne'to. "'' ~11 i01il""~~1r
··: . •n•t' WIU.,ibe &&1a··part1 ... of tlie M'eODCi p&ri, thtlr.htln.and uafsnl, that at t1te ttm. ot u..-..uii« Ud.,.,"-7 : ~ ?T:-/., · f. -~ . . of tMae preaent.,' it is ': -.·!W.11 ae!nd ot"th• premi...,~.bo.e ~yqlid. u ot.eooa. 'An; ~tel; absOlute -:·.,. =--~ '!J!ijl'
.f. · and lndofeuible eltatti of ,lnl\erttir.I!.~ iii law; in,. let ilmplc, 'and ha.:·s.-' ·,·~ rlcbc_ t.:!l.~ -¥-~~al _iavth~tJ . -' ~,.· ~~}
">. 1 -· ~to'""•nt,barpln,111landcoll\'eyd1uamol11111&nntrandtormaforeeald,_'andthattlitl&IH&!'l·~!'":and_cltar:fmD~ ' -· .. --;
.. '.,. ' .ionnor aM other arrant., barpll111, 1al11,.llen1,.W1til, •..O.-nienb and rneiimbraneet' of wlll.tntt kind' or nature, . .. .. ' . 'l
. _. 1oever, 't)l'Cl!<ptin& Ani!i r'~llrVing to ~; • .., ,,.:;. •• , . .:.:.=.,-.:-.:::~:-:;~ra .And. Ueigne ~ft-Undivided one• : •
· llalt int,.r.,et in 1111d to l\ll oil, gu 1111d other miMrnla exiating in coMitctioh "'ith the.aboYe.de ... ·•
1 · cribed lands; 11nd subject to· llll :reserv'ations and other· rights reserved· in .thii)r~s •. Patehte~ .. : ·_ 11
1
covering the ·atoreso.id landa; nr.d subject .to existing _rights-of-wo.y. and :eaaementa for dtt.chea,·, ~-.,,
?. telephone· lines and pover lines' and other utilities which ma)' ,apj)ear. of record· or: be,· diS<"onr-
able from a ph;raic!!.l· inspection or ~he property; and subjec:t ~o .and. excepting· l •.nds deac: ibed.'.' ,;,·
h1 th .. 1: e'!'rt"in ll>.nd purchase cor.tr:i.ct betwe'n the tJni'tcd ·states-anit·Seller.;--:-e:orded in · · · ..
38.r!'ield'.Count;r; Colorado on February 3, 196? under R"ceptionNo. 2:5?01,5in 'bOolt.Y..<·at.Pageii. :,:·;··
; NW1oored ·68 to ?5 1 both inclusive, and parcel described in Book :57? at' Ptlge~ 178 aa Recept.ion .
No. 2:58429-sllid lnnds ·bei.ng no'meti.mes r'i'err:-ed to as the -RU14!' Sub~+...':fon ·u.t! :.i;ti•·~eh ... J:"'ne1i-·
and subj~tu.!~i.o°:n.:~.~~;-:.: •• r;rn ~~~~1.l'!~:~~.:l. w.~~.::i~ 3-~b!l'dq;::i!. ~1'.·~ p8n, tla.ir .. ·. ..
· . beln and aaalgna, aialnat all and eve17 penon or penona lawt111l7 clalmlnr or to el&im the wbole or •lit part thinot,
· the .Nld~Y..:·\\~.ot the tint part shall and wilt WARRANT ANu • v.REVER Ul!:FEND. . .
. -)1J·~fi1Ii>~ W~:!:P.EOF, t!io aald part Y ot the first part ha8 beroanto 1-.t its hand end
. ·..-.r ;.· -t.'le .,. ,aM·jur flntaboTe wiitten. · . · · .· ~:3{~~~J_ >(2~ . . . . . . s~~s·, I~c. . . . . -A~~·~~~~lnthe~enceof ·1--~~~~~:· , ·; ~~~:-::·-~=:= . • ··-·-··--· • ..: ... -· ---·-·-·-· .. ··--~·:·•ooooooooOOOO••oo•••CSEAL]
STAll. OF c:or.ORAIJO, } .. . .
''''"'""'''"'' . as. -. . . . . ,,···~ 'r\~Y~1,?.',,,;·~t:v or C".nrneld /\~::·-Th:···~ ~~ment wae aeknowledcecl before me thla Jd .::Jr.,/ . day of March · . f · "~i"A1'1}tiXuril:e Sw"eny and Mnr~aret Sweeny as President and Secretary, or SveenJ'D',
:nc.i a! iDtl a; · kjc Di"uc Corporr.tion. .x;m!XXX • WltneHm;rhandandotflelalaeal. ·
· ':;_ . .., .. ~ .. P !}1J £,o/Mi,i.se~n npi-:"ea / -5' -7 -P-
I
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il
\;t;°;.·············~~~/~ 7 0/ 0 . '•.,,~OF co'·,,.-''' .. UC'J-A ... ~#~ .... ·-····-· .... ''"""""""'' 'C71 __ .. L_ N_., "'""'° •
'I ii ! . !\
'11, ~ :1 i:.:s;i I d~ i' II ..: r I~~ ;1
II ::---; ,.:
;l~i l!
:H =t! ii ii~ !:
!t ?-. I'
'! 1 ...
.Reception N<> •.... ?..5.~.5..-..... .... . ........... _ ... Ell.a .. step.bena_. ···-····~·
J. GENTRY and ANN F. GENTRY
County of Garfield • S<e of
Colorado ; for t1re' coillri~ of T~n
Dollars and other valuable consideration
..-.... in hand paid, ltereby seft(s) ml convey(sJ to'
J. COOKE WILSON, JR.
--· a -F!I -'13
~A~u~ •
Garfield
~of
, ad St.lte of Cafota:do the totiowmt re.I~ in tiie
County of Garfield , and~ of Caiondo-, to Wit:
T:1c $outncil:.t nuar~:<:r'T.-f the Notf.nwcst QUartet (S&'.tir1f.~);
the Sou:.hwe:;t. c:ti«rtcr <>f the Uc,·tttwt:ast OOarter Csttl.fNE!.O'
thP Northwr:;t C)Uartc.t a! th11 SoUth.-::ast Oilartet fir..tl;s&i~j;
11r.d 1 n" }:or.thcast. 1 ;uart.ct of thf! Sc;tJtft*est 00•1rtct •flti~j;
o: !iPcl:i:•fl' !kv nt.e~tl' <11); •rd'fliriship .SH (&J .tdlJifl; Ma~ Mine~
(<);!) ~·:c::;t. o! the Gth rr.lN<:i.r.:ii Ketidian; edtitiiliii~ l&O llCHI,
tnorC? or tr:;:;;
•1l:;o thi:? West lialf of t:h~ Northwiilt ou.1tter (HJft;;,~) and
ti1C ?hrthW'1St O\.l<(rtcr Of the-SOUf:.tntest ~iitt~f (N'di.;Stl1'1)
ot :;ecti, r. .:;r.vent.C?ett (l'IJ and tHi iiOtttteMt ael•ttt!t of the sotlWMt
.;uattcr <tu~:is&1;) of Sec Hon Ei<lhtf"k (isj; ail. .tk fdlfflj)jfp
.::even < 11 south~ ;tun1 1e Niliety,,.twt:J ( <121 'I/eat t:Jf ttie Ith l'rincifHli
Mctidi.,n, contttinititJ 16'0 1.1ete•1 llibtf! C'lt iC11sai1
nlGo the ~dtithwcat. ouad:et nf tke sout.kwe•t Q'ilartP.r ts·~ s~1.>
of !lccticn. :axteetl ( HH; tile l::tllst lliil tJf tHf! St:Jiittlt!ist tii141Hc:f -~
sr.1.; of snctinn !.ievMf:ccti Ci 11; tHe lfattfl 14111 tJf ttlfll seliltHlat-
auartrr <N11:;r..1~> arid the: t:ad: fiaU tJf. ttiij fi6Hf:iedl titadtitf .
<El1tli:;l.1) of Sectioil T~otfty (2.dJ' eiH iii ltbirHlihJ.J;l si:ll (ej South~ ~
R<1tiqb. Nitiet)'•two (~2> W~;3f; of t:H• ftfl l-Hiiiij)ai fillidialij cdlltdiP
iti a11 180 acres4 ~ritb t:Jt ias3t
.J~~r~11.~!!~Ul.UN.\~ 111\t, w .. me. fdtijti w deed of trust
to the ~tibiic trustee df Gar£ie1d totitity fat .tti!tise of Sweeney, 1nc •• to setute $123i290joo, tecbfded ~6ok 428, page 4611 contintie
on exhibit A attached hereto.
30th J:·r~~~:::::::
r·
Eldfibit A
Boak 440
Page 470
ulso the 5ot•thcc:.:;t: !iUilr.'t.er of the s~uthwest Ouarter (Sc;!4S~J?.;) ctnd
the 5outhuc::t cuartcr of the Snuthwcst otiarte'C' (,!;":~;S~) ot
~cction ~ight (8); and the Nortnwest QUarter ~f the Northwest
<;u<Jrter ( N'...i':;W1/!.i) and the Northeast OUarter of the North-
we:;t nu.1rter CN&'1.N"r/!~) Of 5ec:tion Se-tenteen U7); all in
Township Sh: (6) 5o1Jth1 Ranc_le Hinety .. tvo (92)__...re·st_Of. the-6th
Prine). pal ~eridj <1'11; exccptin9 ther•frOM that cert<iin parcel here-
tofore comreyed out to George Yule ?if that certain "1arranty Deed
appearing of record in th• office of th_e Cwrtty Clerk and Recorder
of Garfield County; Colorctdo in.DdOk 32 at Page 425, reference
to which is h~rebY made; said excepted parce1 containing aboUt
56 and 3/4ths acres; more or less; the parcel JMiing hereby comreyed
containing o'bout l03 anCI l/'lth acres; llldte dr less;
also an? dhd all ditch ilncl ditch rir:hts; water and water ri<Jhts
u~ed upon, in, or in connection with the a'bo<t'e de•c~ibed land,
includinq;.btlt without limitation on the qetier~itY of the·tarcgoing;
all rigtit; tit1• at'ld interest in and to an Undi~ided 4533 shites c.
of. thP. Ciipiti:I: stdCk df 'lh•-JiW Hulta Trina DHc:ii Cdilpmtyj • Colorlieki
Muttlal D1t4111 corporation~ ..m ai1 i'ight, tHie aild interat in ancl to
t.'DJ :;.iM·r::; o~ ·lll w•ncr. ndjtidH:ntr.d td the at·nres.:itd •rac New · ·· -------
:'.•;l1.<l '1'r.i.n<1 n; t.Chj iJ•?in•; <I totlll <1:; r.hotm by the records in
.. nc! .'or r; .. ::-;.i1:ld Cc>uril:y r1f C•fJ•(·1 cubic fe1?t rif wlltcr per ar.cr.nd
o: t.:;·,.., w?.:i cC!r.tair. nuidll.i.nry r~-hts r:;f tj c:t:bic fcfior Willer
•wr· ::r•cM1•i ,,f b !'let th~rl? b('inrr pr.e1;ently .l1Jstiecl ctncl outot.indin'J
;:-. tot ;;l "i ~!>;<Jl~ ::11ar.cr. t'C tlit! Cflpltt.11 atdelt rif tHo :Jaid The
: .. ~w :•:1:lt.n "i'ri n.1 Jiit.ch C:O:nt:l'l·ny• f;;'lid Watt,lt: and ditch righ lG
i.11c!1:dc, wit .. nut l.ii~.ttnt.:.dn tlt•on the:! 9er1erdit)'j 3a16 cub.le; feet
of wctt.r·r rc-t· !lecnnct of time. fcom tHe color.add tt11'e.i:'t said fl11t:er
llci.r..:i mfjudi.c<ited to the Rt.liittrt Sotl Ditch, to.,etho.i:' with toe
ri1:htr. in !U'iirJ l?isinr. Sdri IJ.hclq tlciv.1ritj pr:UU.•Hy ifd, i6 arid
i•r.i.oi"i ty 110~ Gil• !l11id ditch tn:!J ttrj Nd• 13 in the biiaiiie• of tHe
ni:; ;.i'ict tour.: ln c1nri for ~:.1tP.t• llt.st.rict: N<>i 45j
u1so t.h~ r.n1ithwer.t <>tinrter of ti1e Nor:.heast: ou.:irt:cr (!ltf..zNr..'.d of
:;ccti"n •rwci'it'y (~OJ• •1•owr1:.hi i: SiX (6) !lduth1 Range Ninety4two C92>
~;e.:;t nf t:i'c t;th I'. l·i· • eolit:llihlhg 40 acre•+ llioi:'c or 1ens;
<0l:;n th" :;nuthw .. :;t Cllld:tcr c:of thr. 5otH:henrit Quarter (S~J~SE!;)
'1nd th<' r.ot:the~1:it '1Htlr.ter df the SdtJthwe:1t Qt.iert:e.r (.S~Mi'-:f}
of ::r.cu. .. 11 ;;c•vtmtr.cti ( 17), rind t:he Northea:st: ·<Warter of the Notth-
wb::t Ciuct:· et cr11~1:1M.J nnd l:he N•>rthwedt ®arhr oftho
llnrthr.•:::t c;uarl:E"r (Nl·r':,Nl~1 ~) of '.;cction 'J'Wl.\'nty (20) t all in
~·ownsh 1.)' r.:l.x ( G) :;011th • Ratv1e tlinot:y .. t:wo ( 92> Weot of thft 6th P•M• t
c:<•nt.11 n1nq 160 11cro::i • lilore CJt less;
..i J no the Soulhca:o t r;unrtr;r or the~ !ibuthellot <2u,1rtor ( SF.!"Sr.l4 l of
:;.~ct:.<:n l·:i·;ii!-.~C'n (HO' r.nl two ((') rnnd t:hr North one-hetlf Of
~;;e :-;.,rt:hc;tr.t 011.1r1:1~r (Nl1ta:l.j) .1nd the Southwest auartcr cf ~.h~
r:c1:thr!.1nt r.11art.rr l:i'•l'illl·:';) of ~;ect:Joh Nineteen (19) t end the
~;,,rthw1Ji':t d1 .. rt-r ,-.f tilr. tlorthwr.•t ounrtr.r (Ntll:!N'r/!4) of Section
'l'WC'nl:y (?Ill• .1lt'.i11 ·rownnidp Six (6) South• Ronqe Ninety-two (92)
'..c:1t n1 t.i1t' :Uxl.h (11th) t•dncipal Mr.rJ.dian• containing 240•48
ncrrs, mnrc or lPcn;
.1 ten u,,.. :,011t:1(.•;i:; ~-r~11il1·i;('r of the Northwent Ouartcr (!H:\N1'11:l
ot ;i,~clior. 'l'w•~nty (?Ii), •rnwnnhip Ul)C (6) South, Renge Ninety-two
('./?.) :·;":.L <'r Lhc 1;u, 1·riric.i.p.1l f'icridian 1 containing 40 acrL's,
more c,,-lc::n;
• -I': .......... ,...,. _l,
all to be conveyed in fee simple by gaod and sufficient Warranty Det!d; free from all liens
and encumbrances except the fo11owing:
1. Excepting and reserving to the seller, his heirs and assigns all oil, gas, hydro-
carbons and other minera1s, together with so much af the surface as may be neces•
sary for the con~enieht mining or extriction of same, and together, further, the
right of ingress and egress for the purpose of prospecting for, developing and
producing same.
2. Subject to all reservations and other rights reserved in the United States
Patents covering the aforesaid lands;
3. Subject to existing rights-of-way and easements for ditches, telephone 1ines
and oower lines and other utilities wh,ch may be of record or discoverable
from a physical inspection of the property;
4. Subject to and excepting lands described in that certain land ourchase contract
dated December 2, 1966, being Contract No. 14-06-400-4498 between the United
States of America and predecessor in title and recorded in Garfield County on
Februar~ 3, 1967 under Reception Nb. 231015 in Book 3821 at pages 68, 69, 70,
71, 72, 13, 14 and 151 said land~ being 'ometimes referred to as Rifle Substation.
STATE OF COLORADO )
COUNTY OF GARFIELD)ss.
Book 440
Page 471
The foregoing warranty deed, consisting of three .:e.ages,
including this page, was acknowledged before me this J.;J,,.. day of
February, 1973, by J. Gentry.
Witness my hand and official seal.
My commission expires:
M1 Commisllon expires Stpt. 29, 1976
Summary of Retained Rights in Transaction History
1. USA to Sweeny
A. Date: March 5, 1906
B. Grantor: United States of America
C. Grantee: Laurence Sweeny
D. Rights Reserved: “…subject to any vested and accrued water rights for
mining, agriculture, manufacturing or other purposes, and rights to
ditches and reservoirs used in connection with such water rights as may
be recognized and acknowledged by the local customs, laws and decisions
of Courts, and also subject to the 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 provided by law,
and there is reserved from the lands hereby granted a right of way thereon
for ditches or canals constructed by the authority of the United States.”
E. George Yule had conveyed the property to Sweeney in 1891 – this deed
was recorded to confirm the rights reserved to the United States when
the property was originally conveyed to Yule.
2. Sweeny to Gentry
A. Date: March 27, 1972
B. Grantor: Sweeny’s, Inc.
C. Grantee: J. Gentry and Ann F. Gentry
D. Rights Reserved: “…excepting and reserving to the seller, its successors and
assigns, an undivided one-half interested in and to all oil, gas and other
minerals existing in connection with the above described lands…”
3. Gentry to Wilson
A. Date: February 13, 1973
B. Grantor: J. Gentry and Ann F. Gentry
C. Grantee: J. Cooke Wilson, Jr.
D. Rights Reserved: “Excepting and reserving to the seller, his heirs and assigns all
oil, gas, hydrocarbons and other minerals, together with so much of the surface
as may be necessary for the convenient mining or extraction of same, and
together, further, the right of ingress and egress for the purpose of prospecting
for, developing and producing same.”
9
the actual termination date. The License Period may be extended by a separate agreement
executed by both parties hereto.
3. License Fee. Licensee shall a one-time license fee •License Fee .. ) for the
Licensed Area in the amount o The License
Fee shall be payable by Licensee to Licensor within sixty (60) days of the Commencement Date,
and shall be made payable to Licensor in United States dollars and delivered to Licensor at the
address specified herein or such other address as Licensor may designate by written notice from
time to time.
4. Maintenance Payments. Licensee shall an annual maintenance fee
~ce Fee") to Licensor in the amount of
~ The License Fee shall be payable by Licensee to Licensor annually on November
1 of each year during the License Period, and shall be made payable to Licensor in United States
dollars and delivered to Licensor at the address specified herein or such other address as
Licensor may designate by written notice from time to time.
5. Continaencies. The License Period shall automatically terminate if Licensee's
pending Land Use Change Permit Application with Garfield County, Colorado and Construction
Material Regular ( 112) Operation Reclamation Permit Application with the Colorado Division of
Reclamation. Mining and Safety are not granted within one ( 1) year after the Commencement
Date.
6. Use of Licensor's Property. The 25 foot wide Licensed Area shall be used for
installation of approximately 5,200 feet of 10 .. pipe, which shall run from the eastern edge of
Licensee's property to the Colorado River, which shall be used to dewater Licensee's property to
facilitate gravel mining. Upon completion of installation. Licensee shall seed and mulch any
portions of Licensor's property, including the Licensed area, as well as repair any fences or
others structures disturbed during installation. The Licensed Area shall be used for no other
purpose except as may be agreed upon by Licensor in writing in its sole and absolute discretion.
7. Use of Licensee's PrQPCrtY for Grazin1. During the License Period, Licensor
shall be permitted to graze cattle on those portions of Licensee's property not being utilized for
gravel mining. Licensee is developing its property for gravel mining purposes. and therefore
may periodically conduct construction or construction-related activities at its property; Licensor
agrees to take whatever steps are necessary to avoid interfering with Licensee's construction or
construction-related activities whenever necessary.
8. Compliance with Laws and Regulations. Licensee shall promptly comply with aU
present and future:
a. rules and regulations published by the Licensor (if any) including, without
limitation. regulations applicable to use, storage and disposal of hazardous
substances, waste and other environmental matters with respect to the use of the
Licensed Area; and
Page2 of6
b. applicable laws and regulations of all state, federal, municipal and local
governments and departments and any direction of any public officer pursuant to
law (collectively, "Laws") having jurisdiction which shall impose any obligation
or duty upon Licensor or Licensee with respect to the Licensed Area; except that
such compliance by Licensee shall relate only to Licensee's use and manner of use
of the Licensed Area.
In addition. Licensee agrees to cooperate with Licensor and do all things
reasonably necessary for Licensor to comply with Laws.
9. Access. Licensee, its employees. contractors and agents shall hav
access to the Licensed Arca
lf'\ ov.J..
re~~'~
I 0. Repairs. Throughout the License Period, Licensee shall be responsible for the cost 6 n
to repair any damage to the Licensed Area other than damage from the elements, Ille or other
casualty to the Property. The repair obligations outlined herein shall survive any cancellation,
expiration or tennination, for any reason, of this License Agreement.
11. Damaee. Licensor shall not have any responsibility to Licensee or its respective
agents, contractors, tenants, or other invitees in the event of any damage to or theft or loss of any
equipment or property. Licensee shall look to its own insurance coverage for recovery in the
event of any such damage, theft, or loss.
12. Insurance.
a. Licensee shall, at its own cost and expense, maintain and keep in force at all times
during the License Period:
i . commercial general liability insurance, which shall include coverage
against claims for personal injury, death or property damage occurring on.
in or about the Licensed Area with respect to the Licensed Area and
Licensee's conduct of business therein; Licensor shall be named as an
additional insured; and provided with a copy of the Certificate of
Insurance.
ii. employers' liability and workers' compensation insurance to the extent
required by the Laws of Colorado.
b. Notwithstanding anything to the contrary set forth in this License Agreement,
Licensor and Licensee hereby release one another and their respective partners,
officers, employees, and property manager from any and all liability or
responsibility to the other or anyone claiming through or under them by way of
subrogation or otherwise for loss or damage covered by said insurance, even if
such loss or damage shall have been caused by the fault or negligence of the other
Page3of6
party. or anyone for whom such party may be responsible.
13. Indemnification. Licensee shall indemnify. defend, save and hold harmless
Licensor and its officers. directors. members. partners. employees. agents, affiliates, successors.
and pennitted assigns (collectively, the "Indemnified Parties") against all claims made or judicial
or administrative actions filed which allege that any of the Indemnified Parties is liable to the
claimant by reason of
a any injwy to or death of any person. or damage to or loss of property. or any other
thing occurring on or about any part of the Property. or in any manner growing
out of. resulting from or connected with the use, condition or oc~cy of the
Licensed Area if caused by any negligent or wrongful act or omissiOn· of Licensee.
or its agents, partners. contractors, employees, pennitted assigns. l~ensees;
sublessees. invitees, or any other person or entity for whose conduct Lilensee is
legally responsible;
b. violation by Licensee of any contract or agreement to which Licensee is a party in
each case affecting any part of the Licensed Area or the occupancy or use thereof
by Licensee; and
c. violation of or failure to observe or perfonn any condition. provision or obligation
of or under this Agreement on Licensee's pan to be observed or performed
hereunder. The indemnity obligations outlined herein shall survive any
cancellation. expiration, or termination. for any reason. of this License
Agreement
14. Assi&Jlment. The license granted hereby is personal to Licensee and shall not be
assigned without the prior written consent of Licensor.
15. Default. If either party defaults in the performance of any of its obligations
hereunder. and such default continues for more than thirty (30) days after receipt of written
notice from the non-defaulting party, the non-defaulting party shall have the right to terminate
this License Agreement and pursue any other remedies available at law or in equity, except as
limited in Section 16.
16. Limjtatjon of Liability. N01WITHST ANDING ANYTHING TO THE
CONTRARY CONTAINED IN THIS LICENSE AGREEMENT. IN NO EVENT SHALL
EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT. PUNITIVE.
SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER.
INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS. Licensor and Licensee agree
that none of their respective directors, officers, employees, shareholders, or any of their (or any
of those parties') respective agents shall have any personal obligation hereunder and that
Licensor and Licensee shall not seek to assert any claim or enforce any of their rights hereunder
against any of such parties.
Page4of6
17. Notices.
a. Any communication hereunder shall be in writing. Such communications may be
delivered and shall be deemed to have been given by the delivering party and
received by the receiving party: (i) when delivered by hand; (ii) one day after
deposit with a nationally recognized overnight courier or delivery service if sent
pnority overnight delivery; (iii) on the third day after the date mailed by certified
or registered mail (in each case. return receipt requested and postage prepaid); or
(iv) on the date sent with confinnation of transmission by facsimile or electronic
mail, if such contact infonnation has been given to the other party. if sent during
normal business hours of the recipient, and if also transmitted by one of the other
means permitted hereunder.
b. Any notice, demand, request. or communication pursuant to this License
Agreement shall be addressed to the appropriate party at its address stated in the
preamble hereto, unless otherwise directed in writing by notice similarly given.
c. Rejection or other refusal to accept, or the inability to deliver because of a
changed address of which no notice was given. shall be deemed to be receipt of
the notice. demand. request, or communication sent
18. Surrender. On or before the Expiration Date or sooner termination of the License
Period for the Licensed Area. Licensee shall vacate and surrender full and complete possession
of the Licensed Area to Licensor. Prior to the end of the License Period, Licensee shall send
written notice to Licensor to determine whether Licensor des ires to have the installed pipe
remain on the property or if Licensee must remove said pipe. Otherwise, Licensee must return
the Licensed Areas to Licensor in the condition as it existed before Licensee occupied the
Licensed Area, subject to reasonable wear and tear. Licensee agrees to repair and/or remediate
all damage to the surface of the real property, including but not limited to, repairing damage to
the soil and removing excess dirt and debris from the Licensed Area This Section shall survive
any cancellation, expiration, or tennination, for any reason, of this License Agreement
19. Subordjoatjon. This License Agreement and the license granted herein are subject
and subordinate to all ground and underlying leases affecting the Property or the real property.
and to all mortgages which may now or hereafter affect such leases, the Property or the real
property.
20. Wamnties. EXCEPT AS SET FORTH IN THIS LICENSE AGREEMENT. THE
PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED. WITII RESPECT
TO THIS AGREEMENT, THE LICENSED AREA. OR THE REAL PROPERTY OR
PROPERTY INTERESTS, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
21. Miscellaneous.
a. Counterparts. This License Agreement may be executed in two or more
Page Sof6
counU!fpar1s. each of which shall be deemed to be an original, but all of wruch
together shall constitute one and the same inslnunent.
b. Governing Law. This License Agreement shall be governed by and construed in
accordance with the laws of Colorado.
c. Severability. If any provision or provisions in this License Agra:mcnt is/arc found
to be in violation of any law or otherwise unenforceabJe., alJ other provisions
remain unaftected in full force and effect.
d . Binding Efrect. This License .Agreement shall be bindins upon and inure to the
benefit of the parties hereto and their respedive successors and permitted assigns
and shall not be modified except by an c:xprcss written ap:ement signed by a
duly 8ldhoril.Cd rqnseolative ofboeb parties.
IN WITNESS WHEREOF. the parties hereto have duly executl!d this License Agreement on the
Effective Date.
LICENSOR:
By:
Name :
Trtle :
LICENSEE:
By:
Name:
Tide:
Plge6of6