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HomeMy WebLinkAboutbocc.con.212.2011 RECEPTION #: 584790, 12/02/2011 at 01:14:40 PM, 1 OF 13, R $0.00 Doc Code RESOLUTION CONTRACT # �� r �� / Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE AMENDMENT OF A CONSERVATION EASEMENT FROM NORTH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION ON THE JEROME PARK RANCH RESOLUTION Off -2011 RECITALS A. North Thompson Four Mile Mineral and Land Corporation ( "Grantor ") conveyed a conservation easement on the Jerome Park Ranch to the Board of County Commissioners of Pitkin County and Colorado Cattlemen's Agricultural Land Trust ( "Grantees ") recorded on 8/15/2007 in the land records of Pitkin County and on 8/22/2007 in the land records of Garfield County, which encumbered 4,773 acres in Garfield and Pitkin Counties ( "Conservation Easement "). B. The legal description of the Conservation Easement contained a scrivener's error which erroneously included two (2) parcels of land that were not owned by Grantor at the time of the Conservation Easement and are not currently owned by Grantor. C. On 8/19/2010, the Pitkin County Open Space and Trails Board (OSTB) adopted a policy on Conservation Easement Amendments that provides a framework to analyze when and why an amendment to a conservation easement may be warranted. Within this policy, correcting "an obvious error or oversight at the time the conservation easement was entered into" is listed as a legitimate circumstance for amendment. D. In compliance with the aforementioned policy, an amendment to the Jerome Park Conservation Easement has been proposed which will correct "Exhibit A Legal Description" of the original conservation easement, and will make no other changes to the document. As specified by the policy, this proposed amendment will improve clarity in order to fulfill our agreement with the original Grantor and our conservation commitment to the community in perpetuity. E. On October 6, 2011, the OSTB recommended the amendment of the Jerome Park Conservation Easement for the purpose of correcting the legal description. On 9/21/2011 the CCALT Board accepted the amendment, as co- grantee to the conservation easement. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY that: 1. The amendment to the Conservation Easement corrects the legal description by removing the two (2) parcels not owned by the Grantor which were erroneously included. 2. The chair is authorized to execute the Amendment to the Conservation Easement. 1 The BOCC finds that adoption of this resolution is necessary to the public health, safety and welfare of the citizens of Pitkin County and therefore declares this resolution and legislation to be effective immediately. s INTRODUCED, FIRST READ, AND APPROVED ON THEk_ DAY 4 NOTICE OF PUBLIC HEA PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE,W DAY OF e. r 2011. 1 APPRO D UPON SECOND READING AND PUBLIC HEARING ON THE DAY OF (j (/J ,2011. PUBLISHED AFTER ADOPTION IN THE W :' KEN D EDITION OF THE ASPEN TIMES ON THE I3 DAY OF , % , , , 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO r a -tte Jones Rac 1 E. Richards Deb, ty Clerk j Chairwoman Date: 1 I frO..../ 1 l APPROVED AS TO FORM: John E Peaco . unty • - • rney County Manager k �' 1 Dale Will, Director Open Space and Trails Program Recording requested by and return to: COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST. 8833 Ralston Road Arvada, CO 80002 AMENDMENT TO DEED OF CONSERVATION EASEMENT FOR JEROME PARK RANCH THIS AMENDMENT TO DIED OF CONSERVATION EASEMENT (this "Amendment ") is made this licAT day of![6uei.4¢✓ , 2011, by the NORH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION, a Colorado corporation, having its address at 4239 Highway 133, Carbondale, Colorado 81623 ( "Grantor "), and the COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation ( "CCALT "), whose address is 8833 Ralston Road, Arvada, Colorado 80002 and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic ( "Pitkin County "), whose address is 530 East Main Street , Aspen, Colorado 81611 (collectively "Grantees "). Grantors and Grantees may collectively be referred to herein as the "Parties ". RECITALS A. Grantor conveyed to Grantees that certain Option Agreement for the Purchase and Sale of a Conservation Easement recorded on 11/9/1998 at reception number 424346 in the land records of Pitkin County (the "Option Agreement "). B. Grantor conveyed to Grantees that certain Deed of Conservation Easement for the Jerome Park Ranch dated August 15, 2007, and recorded on 8/15/2007 at reception number 541011 in the land records of Pitkin County and on 8/22/2007 at reception number 731420 in the land records of Garfield County (the "Conservation Easement "), which encumbered 4,773 acres of real property located in Garfield and Pitkin Counties, Colorado and further described on Exhibit A attached hereto and made a part hereof (the "Original Property "). C. The legal description of the Original Property contained a scrivener's error which erroneously included a 5.36 acre parcel and a 5.24 acre parcel, as part of Lots 1, 2, and 3 of Section 6, Township 8 South, Range 88 West, of the 6 P.M. in Garfield County ( "Erroneous Inclusion Parcels "). The Erroneous Inclusion Parcels were not owned by Grantor at the time of the Option Agreement and Conservation Easement and are not currently owned by Grantor. D. The Conservation Easement was re- recorded on April 15, 2008 at reception number 548345 in the land records of Pitkin County and on March 19, 2008 at reception number 744880 in the land records of Garfield County ( "Re- Recorded Conservation Easement ") to try to correct the legal description with an additional page excepting the Erroneous Inclusion Parcels. However this re- recorded version was not clear as to its intent. E. The Parties now intend with the grant of this Amendment to correct the legal description for the Original Property subject to the Conservation Easement to exclude the 11 2_11 1 3 Erroneous Inclusion Parcels and to invalidate the Re- recorded Conservation Easement. The corrected legal description is further described on Exhibit B attached hereto and made a part hereof (the "Updated Property "). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereby ratify and affirm that the Conservation Easement encumbers the entire Updated Property, as further set forth below, and that the Conservation Easement remains as a perpetual conservation easement on the Updated Property, a vested interest in real property as of the date of the Conservation Easement defined by Colorado Revised Statutes § 38- 30.5 -101, et. seq., of the nature and character described in the Conservation Easement, as amended in this Amendment. The Parties hereby agree to the following: 1. Exhibit A to the Conservation Easement is hereby deleted and replaced in its entirety by Exhibit B, attached to this Amendment and made a part hereof, which is identical to the original legal description of the Original Property except for its exclusion of the Erroneous Inclusion Parcels. All references to the "Property" in the Conservation Easement are hereby amended to mean the Updated Property described on Exhibit B. 2. All capitalized terms in the Conservation Easement shall have the meanings assigned to them in the Amendment. 3. The parties agree the Re- Recorded Conservation Easement shall be of no force or effect. 4. In the event of a conflict between the terms of the Conservation Easement and this Amendment, the terms of this Amendment shall prevail. 5. The Parties hereby ratify and confirm this modification to the legal description of the Conservation Easement. Nothing herein shall be construed to change or otherwise affect the effective date of the Conservation Easement, and except as amended by this Amendment, the terms of the Conservation Easement shall remain in full force and effect. 6. This Amendment shall be recorded in the real property records of the Clerks and Recorders of Pitkin County and Garfield County. 7. This Amendment shall be effective as of November 9, 1998, the effective date of the Option Agreement. IN WITNESS WHEREOF, Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW] 11 2_11 2 ' 1 GRANTOR: North Thompson Four Mile Mineral and Land Corporation By V; ' 7��z Y � Name: 'v � t4 rfk-■ E. G, Fa. Title: E' e 5 ; Gig e, ►-✓T' STATE OF C 01-0 KPcho ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this k$4 day of (004 `vnt.ke , 2011, by theuiNcum V-0,1-0 of the North Thompson Four Mile Mineral and Land Corporation. WITNESS my hand and official seal. My commission expires: My Commission Expires August 4, zuTh 011111/ /4 . A. ///, -Cdd Q` az_41, �•`� ��••' ••''•0t.� .: Public (� • TARS e •Ell• IG �• ( 1111 2295409.3 3 h � J ACCEPTED: COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation By Name: - . -> _n `c Title: STATE OF COLORADO ) ) ss. COUNTY OF 54/\ ) The foregoing instrument was acknowledged before me this 22_ day of K.).qt mi,zr- , 2011, by 44 3Q_ r , as Se cre -6- . of Colorado Cattlemen's Agricultural Land Trust, a Colorado nonprbfit corporation. WITNESS my hand and official seal. My commission expires: 1 0 / 2 . . ( 0 / 2 6 `I (/// Notary ublic o otmliti lo OTA ,• PUB L1G Exppces 11 2_11 4 t�7 A PTED: BOARD OF COUNTY COMMISSIO RS OF PITKIN COUNTY, COLORADO Nlikkb IF4A By: r4 g Je 4 e Jones / Ra hel E. Ric ards, C,ai oman Dep ty Clerk and ' ecorder DATE: • APPROVED AS TO FORM: MANAGER APPROVAL: John Ely on Pe ock County • me County Manager • RECOE4TDED FO ROVAL: 1 (p fJI Dale Will, Director Pitkin County Open Space and Trails STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this �� day of Oeuesbokar 2011, by Jeanette Jones, as Deputy County Clerk of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: (310.3-f oZcr.13 0.1 rr „ -wr Notary ifilic z =TA. P%F3i..3c + -u/0 Expir8 2295409.3 5 17 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this Vay of �VO`Q.SZ 2011, by Rachel Richards, as Chair of the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. My comWWsss®Nires: �, r ` �3 1:kcyk. orlf" NOTAR 17Y 49 ■ �'• • ' :0 Notary Publ' oak-. 'Nylon irgxpo Schedule of Exhibits • Exhibit A Legal Description of the Original Property Exhibit B Legal Description of the Updated Property 2295409.3 6 . 5 • EXHIBIT A LEGAL DESCRIPTION OF THE ORIGINAL PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 14: WV2NW %; E' /2 NE %a; SW %; SE Y4 SECTION 15: NE %; N' /2 NW %; SE '/< SECTION 16: NE % NE % SECTION 22: E '/z SECTION 23: ALL SECTION 25: W' /2SW%4 SECTION 26: W'/2;SE %;NW%4NE% SECTION 27: E 1 /2 SECTION 34: NEY4;E %NW% SECTION 35: NW IA; W %NE% COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 3: LOT 4;S' /2 NW %;W %2 SE %;E' /2SW %;SW %SW% SECTION 4: LOT 1;SE %NE% SECTION 9: N %NE %;SW%NEY4 ;SE %NW% SECTION 10: SE %; W' /2NE%4; E %2W' /2,SW %SW%4 11 2_11 7 q SECTION 11: S' /Z SW Y4 TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 8 111 P.M. SECTION 33: S'/SE% SECTION 34: SW % SW 1 /4; ALL THAT PART OF THE E 1 /2 SW 1 /4 AND THE W 1 /2 SE 1 /4 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 TH P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE SE 1/4 SW 1/4 OF SAID SECTION 34 WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16 °04'E 4589.52 FEET; THENCE S 89 °41' E 508.13 FEET; THENCE S 56 °19' E 170.63 FEET; THENCE S 53 °48' E 109.88 FEET; THENCE N 60 °25' E 130.84 FEET; THENCE N 32 °26' E 245.12 FEET; THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH; THENCE N 89 °32' E 533.82 FEET; THENCE N 26 °59' E 162.40 FEET; THENCE N 03 °15' E 392.60 FEET; THENCE N 08 °06' W 387.66 FEET; THENCE N 58 °05' E 84.60 FEET; THENCE N 66 °24' E 412.78 FEET; THENCE N 75 °33' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W % SE % OF SECTION 34. TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6 TH P.M. SECTION 5: THE WEST TWENTY -ONE (21) ACRES OF LOT 4, SECTION 6: LOTS 1,2, AND 3, COUNTY OF GARFIELD, STATE OF COLORADO. 11 2_11 8 /)© EXHIBIT B LEGAL DESCRIPTION OF THE UPDATED PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 111 P.M. SECTION 14: W %NW%4;E %NE%4;SW %;SE% SECTION 15: NE%4;N% NW%4;SE% SECTION 16: NE Y4 NE 1/4 SECTION 22: E %2 SECTION 23: ALL SECTION 25: W' /2 SW Y4 SECTION 26: W%2;SE %;NW%4NE% SECTION 27: E% SECTION 34: NE%4;E %NWY4 SECTION 35: NWY4;WV2NE COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 111 P.M. SECTION 3: LOT 4;S%NW %;W %SE%4;E %SW %;SW %SWY4 SECTION 4: LOT 1;SE%4NE% SECTION 9: N' /2NE%4; SW %NE%4;SE %NW% SECTION 10: SE %;W%NEY4;EY2W%2,SW%4SW %4 SECTION 11: S %2 SW %4 11_2_11 9 ' TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 P.M. SECTION 33: S %SE% SECTION 34: SWY4SW %; ALL THAT PART OF THE E' /z SW 1/4 AND THE WY2 SE 1 /4 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE SE 1/4 SW % OF SAID SECTION 34 WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16 °04'E 4589.52 FEET; THENCE S 89 °41' E 508.13 FEET; THENCE S 56 °19' E 170.63 FEET; THENCE S 53 °48' E 109.88 FEET; THENCE N 60 °25' E 130.84 FEET; THENCE N 32 °26' E 245.12 FEET; THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH; THENCE N 89 °32' E 533.82 FEET; THENCE N 26 °59' E 162.40 FEET; THENCE N 03 °15' E 392.60 FEET; THENCE N 08 °06' W 387.66 FEET; THENCE N 58 °05' E 84.60 FEET; THENCE N 66 °24' E 412.78 FEET; THENCE N 75 °33' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W'/2 SE % OF SECTION 34. TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6 P.M. SECTION 5: THE WEST TWENTY -ONE (21) ACRES OF LOT 4, SECTION 6: LOTS 1, 2, AND 3, Less and except a 5.36 acre tract of land situated in the N % of Section 6, Township 8 South, Range 88 West of the 6 P.M recorded at book 820 page 952 in the land record of Garfield County more particularly described as follows: Beginning at a point whence a brass cap found in place and properly marked for the South quarter corner of Section 31, Township 7 South, Range 88 West of the 6 P.M., bears N. 11 degrees 31'13" E. 1238.79 feet; thence N. 51 degrees 00'27" E. 727.96 feet; thence S. 20 degrees 13'52" E. 544.07 feet; thence S. 82 degrees 41'26° W. 622.22 feet; thence N. 46 degrees 05'56" W. 189.92 feet to the Point of Beginning. 11 2_11 10 Also Tess and except a 5.24 acre parcel of land situated in Lot 1, Section 6, Township 8 South, Range 88 West of the 6 P.M. recorded at reception number 440084 book 844 page 252 in the land record of Garfield County and more particularly described as follows: Beginning at a point whence the Northeast Corner of said Section 6 bears S 89 °42' E, 132.39 feet, said point also Tying on the easterly line of the Snowmass Coal Company access easement (90 ft. in width); thence along said easterly line S 58 °19'09" W, 99.61 feet; thence along a curve to the left 476.10 feet having a radius of 671.20 feet and a chord that bears S 37 °59'54" W for 466.18 feet; thence S 17 °40'41" W, 357.11 feet; thence departing said easterly line S 89 °22'10" W, 249.81 feet; thence N 15 °55'37" E, 793.04 feet; thence N 89 °33' E, 210.5 feet; thence S 89 °42' E, 301.89 feet to the Point of Beginning. COUNTY OF GARFIELD, STATE OF COLORADO. 11 2_11 11 / 3 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 1 OF 11, R $0.00 Janice K. Vos Caudill, Pitkin County, CO Recording requested by and return to COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST. 8833 Ralston Road Arvada, CO 80002 AMENDMENT TO DEED OF CONSERVATION EASEMENT FOR JEROME PARK RANCH THIS AMENDMENT TO D4ED OF CONSERVATION EASEMENT (this "Amendment ") is made this 1-` day of!lwiit,ii r , 2011, by the NORH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION, a Colorado corporation, having its address at 4239 Highway 133, Carbondale, Colorado 81623 ( "Grantor "), and the COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation ( "CCALr ), whose address is 8833 Ralston Road, Arvada, Colorado 80002 and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic ( "Pitkin County"), whose address is 530 East Main Street , Aspen, Colorado 81611 (collectively "Grantees "). Grantors and Grantees may collectively be referred to herein as the "Parties ". RECITALS A. Grantor conveyed to Grantees that certain Option Agreement for the Purchase and Sale of a Conservation Easement recorded on 11/9/1998 at reception number 424346 in the land records of Pitkin County (the "Option Agreement "). B. Grantor conveyed to Grantees that certain Deed of Conservation Easement for the Jerome Park Ranch dated August 15, 2007, and recorded on 8/15/2007 at reception number 541011 in the land records of Pitkin County and on 8/22/2007 at reception number 731420 in the land records of Garfield County (the "Conservation Easement "), which encumbered 4,773 acres of real property located in Garfield and Pitkin Counties, Colorado and further described on Exhibit A attached hereto and made a part hereof (the "Original Property"). C. The legal description of the Original Property contained a scrivener's error which erroneously included a 5.36 acre parcel and a 5.24 acre parcel, as part of Lots 1, 2, and 3 of Section 6, Township 8 South, Range 88 West, of the 6 P.M. in Garfield County ( "Erroneous Inclusion Parcels "). The Erroneous Inclusion Parcels were not owned by Grantor at the time of the Option Agreement and Conservation Easement and are not currently owned by Grantor. D. The Conservation Easement was re- recorded on April 15, 2008 at reception number 548345 in the land records of Pitkin County and on March 19, 2008 at reception number 744880 in the land records of Garfield County ( "Re- Recorded Conservation Easement ") to try to correct the legal description with an additional page excepting the Erroneous Inclusion Parcels. However this re- recorded version was not clear as to its intent. E. The Parties now intend with the grant of this Amendment to correct the legal description for the Original Property subject to the Conservation Easement to exclude the 11_2_11 1 RECEPTION*: 584791, 12/02/2011 at 01:14:41 PM, 2 OF 11, Janice K. Vos Caudill, Pitkin County, CO. Erroneous Inclusion Parcels and to invalidate the Re- recorded Conservation Easement. The corrected legal description is further described on Exhibit B attached hereto and made a part hereof (the "Updated Property"). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereby ratify and affirm that the Conservation Easement encumbers the entire Updated Property, as further set forth below, and that the Conservation Easement remains as a perpetual conservation easement on the Updated Property, a vested interest in real property as of the date of the Conservation Easement defined by Colorado Revised Statutes § 38- 30.5 -101, et. seq., of the nature and character described in the Conservation Easement, as amended in this Amendment. The Parties hereby agree to the following: 1. Exhibit A to the Conservation Easement is hereby deleted and replaced in its entirety by Exhibit B, attached to this Amendment and made a part hereof, which is identical to the original legal description of the Original Property except for its exclusion of the Erroneous Inclusion Parcels. All references to the "Property" in the Conservation Easement are hereby amended to mean the Updated Property described on Exhibit B. 2. All capitalized terms in the Conservation Easement shall have the meanings assigned to them in the Amendment. 3. The parties agree the Re- Recorded Conservation Easement shall be of no force or effect. 4. In the event of a conflict between the terms of the Conservation Easement and this Amendment, the terms of this Amendment shall prevail. 5. The Parties hereby ratify and confirm this modification to the legal description of the Conservation Easement. Nothing herein shall be construed to change or otherwise affect the effective date of the Conservation Easement, and except as amended by this Amendment, the terms of the Conservation Easement shall remain in full force and effect. 6. This Amendment shall be recorded in the real property records of the Clerks and Recorders of Pitkin County and Garfield County. 7. This Amendment shall be effective as of November 9, 1998, the effective date of the Option Agreement. IN WITNESS WHEREOF, Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW] u2_u 2 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 3 OF 11, Janice K. Vos Caudill, Pitkin County, CO GRANTOR: North Thompson Four Mile Mineral and Land Corporation /� By i /G%' %5?Zo--r ./j Name: 1 4-'1'1.11, d vv■ E. 4. Fc 1 05 Title: (pr 5; de .' STATE OF C 01-01ZPc90 ) ss. COUNTY OF \T Kt ►J ) The foregoing instrument was acknowledged before me this, 'day of O dsit m t. ‘ , 2011, by thel iAiiini k• .. F&)ts of the North Thompson Four Mile Mineral and Land Corporation. WITNESS my hand and official seal. My commission expires: My Commission Expires August 4,zu1a ` .p r rq ., a n e A ' ... ,. X p K ' C.t f Jot 43 y ' Public • � Tkz , y 7. 2295409.3 3 /6 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 4 OF 11, Janice K. Vos Caudill, Pitkin County, CO ACCEPTED: COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation By Name: "Tk . "?-)e A C. - 1).; las_ Title: crc -kr..1 STATE OF COLORADO ) ) ss. COUNTY OF \/-1 N ) The foregoing instrument was acknowledged before me this ZZ day of tJoxM!w• , 2011, by ._-IA ale : ) A n 0,1i , MI— , as Se �re.4-. -7 of Colorado Cattlemen's Agricultural Land Trust, a Colorado nonprbfit corporation. WITNESS my hand and official seal. My commission expires: 10//.(o/.2.0 14 Notary ublic 1x7N * OTARV . .. _ ...11,0.1v '‘. PUBLIC ton E os 11 2_11 4 . / il RECEPTION#: 584791, 12/02/2011 at 01:14:41 PM, 5 OF 11, Janice K. Vos Caudill, Pitkin County, CO A PTED: BOARD OF COUNTY COMMISSIO ' S ( OF PITKIN COUNTY, COLORADO /Nikh By: Je: a Jones r i Ra heI E. Ric ards, C ' ai oman Dep ty Clerk and Recorder DATE: APPROVED AS TO FORM: MANAGER APPROVAL: John Ely on Pe ock County • me County Manager RECONM P ED FO • ROVAL: l � � Dale ill, Director Pitkin County Open Space and Trails STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this t of o1 2011, by Jeanette Jones, as Deputy County Clerk of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: (2ioato7-Cn1- • � !8 ",4 ': Notarylic w, • ct�zA�ty� • T IC; ;';? O "s? *? /4 94011 11r11111‘ 0" i on Exp 22954093 5 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 6 OF 11, Janice K. Vos Caudill, Pitkin County, CO STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) _ The foregoing instrument was acknowledged before me this oa4ay of , `�p�u4Q.Sh( 2011, by Rachel Richards, as Chair of the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. My comul ka F J X 13 rtOTA y �$ lop , 11110 4 P UBLIC ; 0 r Notary Pub1 S. C' Schedule of Exhibits Exhibit A Legal Description of the Original Property Exhibit B Legal Description of the Updated Property 2295409.3 6 t� q. RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 7 OF 11, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A LEGAL DESCRIPTION OF THE ORIGINAL PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL. PROPERTY: TOWNSHIP 8 SOUTH. RANGE 89 WEST OF THE 6 P.M. SECTION 14: W % MAN E %NE %;SW%4;SE%4 SECTION 15: NE%4;N %NW' /.;SEY4 SECTION 16: NE' /. NE % SECTION 22: E% SECTION 23: ALL SECTION 25: W'/ SW % SECTION 26: W'/:;SE'/4;NWY4NE% SECTION 27: E '/ SECTION 34: NE%.;E' NW 1 SECTION 35: NW Y4; W'%NE COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH. RANG 89 WEST OF THE 6 P.M. SECTION 3: LOT 4 ;S'2NW %;W'SE%;E%SW %;SWY4SW% SECTION 4: LOT 1; NE Y4 SECTION 9: N'%NE''%;SW' /.NE %;SE%4NW% SECTION 10: SE'/4;W'/,IVE %;E% W%,SW %SW'% u2_u 7 RECEPTION#: 584791, 12/02/2011 at 01:14:41 PM, 8 OF 11, Janice K. Vos Caudill, Pitkin County, CO SECTION 11: SY2 SW % TOWNSHIP 7 SOUTH. RANGE 89 WEST OF THE 6 P.M. SECTION 33: S' SE % SECTION 34: SW % SW Y.; ALL THAT PART OF THE E' /a SW' /. AND THE W' /. SE 1/4 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 8 P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE SE % SW 1/4 OF SAID SECTION 34 WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16°04'E 4589.52 FEET; THENCE S 89 °41' E 508.13 FEET; THENCE S 56 °19' E 170.63 FEET; THENCE S 53 °48' E 109.88 FEET; THENCE N 60 °25' E 130.84 FEET; THENCE N 32°26' E 245.12 FEET; THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH; THENCE N 89 °32' E 533.82 FEET; THENCE N 26 °59' E 162.40 FEET; THENCE N 03 °15' E 392.60 FEET; THENCE N 08 °06' W 387.66 FEET; THENCE N 58 °05' E 84.60 FEET; THENCE N 66 °24' E 412.78 FEET; THENCE N 75 °33' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W % SE % OF SECTION 34. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE 6 P.M. SECTION 5: THE WEST TWENTY -ONE (21) ACRES OF LOT 4, SECTION 6: LOTS 1,2, AND 3, COUNTY OF GARFIELD, STATE OF COLORADO. • uzn 8 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 9 OF 11, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT B LEGAL DESCRIPTION OF THE UPDATED PROPERTY SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: TOWNSHIP 8 SOUTH. RANGE 89 WEST OF THE 6 P.M. SECTION 14: WYNW % ;EY2NE%;SWY4;SEY4 SECTION 15: NE%;N NW Y;SEY SECTION 16: NE 'A NE % SECTION 22: E Y: SECTION 23: ALL SECTION 25: W % SW % SECTION 26: WY:;SEY 4;NWY4NEY SECTION 27: E'% SECTION 34: NE %; E'% NW % SECTION 35: NW Y4; W'%NE' /4 COUNTY OF PITKIN, STATE OF COLORADO TOWNSHIP 8 SOUTH. RANGE 89 WEST OF THE 6 P,M. SECTION 3: LOT 4;SY:NW%;W%SE%;EhSWY4;SW %SW% SECTION 4: LOT 1; SE %NEY4 SECTION 9: N%NE%;SWYNE%;SE%NW% SECTION 10: SE Y4, W%NEY4;E'%W%,SW%SW% SECTION 11: S'r SW Y 11_2_11 9 it9 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 10 OF 11, Janice K. Vos Caudill, Pitkin County, CO TOWNSHIP 7 SOUTH. RANGE 89 WEST OF THE 6 P.M. SECTION 33: SASEY4 SECTION 34: SW '/ SW '/4; ALL THAT PART OF THE E' /: SW 1/4 AND THE WA SE ' /4 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE SE'/ SW %4 OF SAID SECTION 34 WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16 °04'E 4589.52 FEET; THENCE S 89 °41' E 508.13 FEET; THENCE S 56 °19' E 170.63 FEET; THENCE S 53 °48' E 109.88 FEET; THENCE N 60 °25' E 130.84 FEET; THENCE N 32 °26' E 245.12 FEET; THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH; THENCE N 89 °32' E 533.82 FEET; THENCE N 26 °59' E 162.40 FEET; THENCE N 03 °15' E 392.60 FEET; THENCE N 08 °06' W 387.66 FEET; THENCE N 58 °05' E 84.60 FEET; THENCE N 66 °24' E 412.78 FEET; THENCE N 75 °33' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W'' /a SE % OF SECTION 34. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE 6TH P.M. SECTION 5: THE WEST TWENTY -ONE (21) ACRES OF LOT 4, SECTION 6: LOTS 1, 2, AND 3, Less and except a 5.36 acre tract of land situated in the N Yo of Section 6, Township 8 South, Range 88 West of the 6 P.M recorded at book 820 page 952 in the land record of Garfield County more particularly described as follows: Beginning at a point whence a brass cap found in place and properly marked for the South quarter comer of Section 31, Township 7 South, Range 88 West of the 6`" P.M., bears N. 11 degrees 31'13" E. 1238.79 feet; thence N. 51 degrees 00'27" E. 727.96 feet; thence S. 20 degrees 13'52" E. 544.07 feet; thence S. 82 degrees 41'26" W. 622.22 feet; thence N. 46 degrees 05'56" W. 189.92 feet to the Point of Beginning. n2_n 10 9 3 RECEPTION #: 584791, 12/02/2011 at 01:14:41 PM, 11 OF 11, Janice K. Vos Caudill, Pitkin County, CO Also Tess and except a 5.24 acre parcel of land situated in Lot 1, Section 6, Township 8 South, Range 88 West of the 6'" P.M. recorded at reception number 440084 book 844 page 252 in the land record of Garfield County and more particularly described as follows: Beginning at a point whence the Northeast Corner of said Section 6 bears S 89 °42' E, 132.39 feet, said point also lying on the easterly line of the Snowmass Coal Company access easement (90 ft. in width); thence along said easterly line S 58 °19'09" W, 99.61 feet; thence along a curve to the left 476.10 feet having a radius of 671.20 feet and a chord that bears S 37 °59'54" W for 466.18 feet; thence S 17 °40'41" W, 357.11 feet; thence departing said easterly line S 89 °22'10" W, 249.81 feet; thence N 15 °55'37" E, 793.04 feet; thence N 89 °33' E, 210.5 feet; thence S 89 °42' E, 301.89 feet to the Point of Beginning. COUNTY OF GARFIELD, STATE OF COLORADO. uzn 11 9`f RESERVED