HomeMy WebLinkAbout22-46 Approving a Native Water Dedication Agreement & Addendum CK H20 Ventures LLC 03-30-2022RESOLUTION N0.22-46
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, ACTING BY AND THROUGH ITS WATER
ACTIVITY ENTERPRISE, APPROVING A NATIVE WATER DEDICATION
AGREEMENT AND ADDENDUM WITH CK H2O VENTURES LLC A
COLORADO LIMITED LIABILITY COMPANY, MILLRACE RESOURCES LLC
A COLORADO LIMITED LIABILITY COMPANY AND FRONTIER VENTURES
LLC, A COLORADO LIMITED LIABILITY COMPANY
WHEREAS, Chapter 1.08 of the Firestone Municipal Code ("Code") requires land developers to
agree to dedicate a certain amount of "water rights" and/or "shares" in conjunction with the development
of land in the Town of Firestone ("Firestone"); and
WHEREAS, the Code allows the Town of Firestone Board of Trustees ("Board of Trustees") to
enter into agreements for the dedication of water rights other than Colorado Big Thompson (CBT)units or
"water credits," as that term is defined in Section 1.08.050 of the Code; and
WHEREAS, the Board of Trustees has adopted the Firestone Native Water Dedication Policy
("Dedication Policy"), which authorizes the Town Manager and the Manager's designee to negotiate
Native Water Dedication Agreements on behalf of Firestone; and
WHEREAS, pursuant to the Code, a land developer must dedicate "water rights" and/or "shares"
in payment of water connection charges before recording a plat or final subdivision and/or final
development and/or before receiving a building permit or water connection to Firestone's water system;
and
WHEREAS, CK H2O Ventures LLC, Millrace Resources LLC and Frontier Ventures LLC
(collectively "Developer") has agreed to dedicate "water rights" and/or "shares" to Firestone pursuant to
an annexation agreement dated October 24, 2001, and described as the Vogel Annexation No. Four
("Annexation Agreement"), and must dedicate those "water rights" and/or "shares" prior to the first
recording of a final plat, final subdivision or final development plan; and
WHEREAS, the Annexation Agreement covers certain lands owned by Developer as described in
Exhibit A, attached hereto to this resolution ("Developer's Lands"); and
WHEREAS, Developer must dedicate approximately 450 acre-feet of raw water to comply with
the water dedication requirements of the Code for the currently anticipated development of Developer's
Lands ("Dedication Requirement"); and
WHEREAS, Developer is the owner of, or has the contractual right to acquire, certain native
water rights, as described in Exhibit B attached hereto this resolution ("Native Water"), and Developer
has agreed to dedicate to Firestone for purposes of Developer's compliance with Section 13.08.010 of the
Code, in conformance with the Dedication Policy; and
WHEREAS, Firestone and Developer acknowledge and agree that there are or may be clouds on
title regarding ownership of certain Native Water dedicated to Firestone under the Dedication Agreement
that may prevent the Credit Closing to occur as contemplated by the Dedication Agreement; and
WHEREAS, Firestone and Developer thus desire to provide for an ("Additional Diligence
Period") the terms and conditions of which are set forth within an Addendum To Native Water Dedication
Agreement, which is attached hereto to this resolution and made a part of the Parties Native Water
Dedication Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Native Water Dedication Agreement including Exhibit A ("Developer's Lands"), Exhibit B
("Native Water") and the Addendum To Native Water Dedication Agreement between the Town of
Firestone, acting by and through its Water Activity Enterprise, and CKO H2O Ventures LLC, a Colorado
limited liability company, Millrace Resources LLC, a Colorado limited liability company, and Frontier
Ventures LLC, a Colorado limited liability company, is approved in substantially the same form as the
copies attached hereto and made a part of this resolution, and the Mayor is authorized to execute the
Native Water Dedication Agreement on behalf of the Town of Firestone.
INTRODUCED, READ, AND ADOPTED this day of __2022.
TOWN OF FIRESTONE, COLORADO
Mayor
ATTEST:
Koenig, CIy�C '1'%Clerk
TO
P. Hayashi, Town�ttorney
NATIVE WATER DEDICATION AGREEMENT
This Native Water Dedication Agreement ("Agreement"), made and entered into this j I
day of March, 2022 ("Effective Date"), by and between the Town of Firestone acting by and
through its Water Activity Enterprise, ("Firestone") and CK H2O Ventures, LLC, a Colorado
limited liability company, Millrace Resources, LLC, A Colorado limited liability company, and
Frontier Ventures, LLC, a Colorado limited liability company whose address is c/o Carlson Land
Development, LLC, 14570 Clay Street, Broomfield, Colorado 80023; Attention: Blake Carlson
(the "Developer");
RECITALS
WHEREAS, the Firestone Municipal Code (the "Code") requires land developers to agree
to dedicate a certain amount of "water rights" and/or "shares" in conjunction with the development
of land in Firestone; and
WHEREAS, the Code allows the Board of Trustees to enter into agreements for the
dedication of water right other than CBT units or "water credits" as that term is defined in Section
1.08.050 of the Code; and
WHEREAS, The Board of Trustees has adopted the Firestone Native Water Dedication
Policy (the "Dedication Policy"), which authorizes the Town Manager and the Town Manager's
designee to negotiate Native Water Dedication Agreements on behalf of the Town of Firestone;
and
WHEREAS, pursuant to the Code, a land developer must actually dedicate "water rights"
and/or "shares" in payment of water connection charges and before recording a plat or final
subdivision and/or final development and/or before receiving a building permit or water
connection to the Town water system; and
WHEREAS, Developer has agreed to dedicate "water rights" and/or "shares" to Firestone
pursuant to an Annexation Agreement dated October 24, 2001 and described as the Vogl
Annexation No. Four (the "Annexation Agreement"), and must actually dedicate those "water
rights" and/or "shares" prior to the first recording of a final plat, final subdivision or final
development plan; and
WHEREAS, The Annexation Agreement covers certain lands owned by Developer and
more particularly described on Exhibit A, attached hereto (the "Developer's Lands"); and
WHEREAS, Developer must dedicate approximately 450 acre-feet of raw water to comply
with the water dedication requirements of the Code for the currently anticipated development of
Developer's Lands (the "Dedication Requirement"); and
WHEREAS, Developer is the owner of, or has the contractual right to acquire, certain
native water rights which are further described on Exhibit B, attached hereto (the "Native Water"),
that Developer has agreed to dedicate for purposes of Developers compliance with Section
13.08.010 of the Code, in conformance with the Dedication Policy; and
WHEREAS, Developer has provided Firestone with all of the information described in
Addendum A of the Dedication Policy which is reasonably available to Developer regarding the
Native Water.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual agreement,
and promises set forth herein, the receipt and sufficiency of which are hereby acknowledged by
both Parties, the Parties agree as follows:
l . Recitals. The foregoing Recitals are incorporated herein as if fully set forth.
2. Investigation Period. After the Effective Date of the Agreement, Firestone will have 42 days
to conduct an investigation of the Native Water (the "Investigation Period"). The purpose of
the investigation is to determine whether the Native Water can be used within Firestone's
overall water system to increase the yield of water which can be used to satisfy the demands
of Developer's Lands. The investigation will include, but is not limited to, investigation of:
2.1. Sufficiencv of Native Water for Dedication. As soon as practicable after the execution of
this Agreement and payment of the Native Water Dedication Fee by Developer, Firestone
shall investigate whether the Native Water can be used to satisfy, in whole or in part, the
Dedication Requirement for Developer's Lands. In order to complete such investigation
Firestone requires that Developer supply as much of the information described on
Addendum A of the Dedication Policy as is available at or prior to the execution of this
Agreement. This includes a requirement by Developer to provide all historical use
information associated with the Native Water and Developer hereby agrees to assist
Firestone in obtaining any other necessary information proving the historical use of the
Native Water, not already provided. If at any time during the Investigation Period
Firestone determines that the Native Water will not be usable by Developer to meet the
Dedication Requirement for Developer's Lands, Firestone will promptly notify Developer
of such determination and the parties shall treat this Agreement as terminated as further
described below.
2.2. Native Credit. During the Investigation Period, Firestone, will work with its consultants
to provide Developer with the amount of credit that will be available from Developer's
conveyance of the Native Water, which Developer may utilize towards Developer's
Dedication Requirement. The amount of credit so determined by Firestone shall be
Developer's "Native Credit." Such determination shall be made by Firestone in its sole
2
Native Water Dedlwtton Agreement Vistosa 20220328 (01042717r.A251:1((92(.doa
discretion. Firestone agrees to provide notice to Developer of Firestone's determination
of the Native Credit at least 14 days prior to the scheduled Credit Closing.
2.3. Determination of Storage and Infrastructure Investment Fee. In connection with the
conveyance of the Native Water at the Credit Closing, and as necessary to receive the full
Native Credit attributable to the Native Water, Developer agrees to pay Firestone at the
Credit Closing, a Storage and Infrastructure Investment Fee which shall be $17,500.00 per
acre-foot of Native Credit as determined by Firestone Resolution 2141. Firestone agrees
to provide notice to Developer of the Storage and Infrastructure Investment Fee required
for the Native Water at least 14 days prior to the scheduled Credit Closing,
3. Water Conve�ce. Within 14 days after the expiration of the Investigation Period Firestone
and Developer shall have a closing at which Developer shall convey the Native Water to
Firestone by Special Warranty Deed and a good and sufficient water stock assignment or such
other documents as are necessary to convey title, free and clear of all encumbrances, from
Developer to Firestone ("Credit Closing"). Developer agrees to execute such other documents
or take any other actions as may be necessary to effectuate Firestone's use of the Native Water,
including conveyance of any structures or easements necessary for Firestone to take delivery
of the Native Water. At the Credit Closing, Developer shall deliver Firestone any original stock
certificate(s) evidencing ownership of the Native Water,
4. Warranty of Title to Native Water. Developer hereby warrants that title to the Native Water
will be conveyed to Firestone free and clear of all liens, encumbrances, assessments, and leases
of any kind. Developer agrees to warrant and forever defend Firestone against all and every
person claiming any interest in the Native Water by, through or under Developer. This
warranty shall survive conveyance of the Native Water to Firestone.
5. Dedication. The Native Credit dedicated to Firestone shall allow Developer to meet part of the
water dedication requirements of the Code in connection with a final plat to be issued for
Developer's Lands to be served by Firestone's municipal water service.
6. Assessments &Stock Transfer Fee. All assessments levied on the Native Water in calendar
year 2022 shall be paid by Developer. Any assessments levied on the Native Water beyond
calendar year 2022 shall be paid by Firestone. Any fees imposed by a third parry for the
purposes of completing the transfer of the Native Water to Firestone shall be paid by
Developer.
7. Native Water Dedication Fee. At the Effective Date of this Agreement, Developer has
delivered to Firestone a Native Water Dedication Fee of $200,000.00. Developer, by this
Agreement agrees to pay the Native Water Dedication Fee with the understanding that the fee
is non-refundable, unless this Agreement is terminated by either party prior to the Credit
Closing. In the event this Agreement is terminated prior to the Credit Closing, any portion of
the Native Water Dedication Fee which was not spent by Firestone in connection with this
K3
Native Water DediaOon Agreement Vistoza 20220328 (01042717xA28L1J(26J.doa
Agreement will be remitted to Developer. Payment of the Native Water Dedication Fee by
Developer in no way guarantees that Firestone will ultimately accept the Native Water for
compliance with Developer's Dedication Requirement at the Credit Closing.
8. Excess Native Credit. In the event the Native Credit available to Developer exceeds the
Dedication Requirement for Developer's Lands, Developer has the option of: 1) dedicating the
Native Credit to a separate property within Firestone's municipal boundary for compliance
with the water dedication requirements to comply with the Code; or 2) accepting an offer from
Firestone to purchase the remainder of the Native Credit from Developer.
9. Affidavit of Historical Use. At or before the Credit Closing Developer shall provide Firestone
with an affidavit by a person or persons with knowledge regarding the manner in which the
Native Water was historically used. Developer agrees to cooperate with Firestone to develop
any additional information regarding the historical use of the Native Water, including
cooperation at trial in a change of use of the Native Water.
10. Dry -up Covenants. Developer shall provide Firestone, at the Credit Closing, executed dry up
covenants in a form acceptable to Firestone, for the land historically irrigated by the Native
Water. Developer warrants that all liens or encumbrances on the historically irrigated property
are subordinate to the provided dry up covenants and shall be responsible for acquiring all
necessary agreements to ensure any liens or encumbrances are subordinate to the dry up
covenants or shall otherwise prove that the dry up has been physically accomplished via
development or other means to the satisfaction of Firestone. To the extent required by law,
Developer shall be responsible for any revegetation of the historically irrigated property.
11. Plant Investment Fee. In order to receive taps for building permits on Developer's Lands,
Developer or future owner shall pay a Plant Investment Fee and/or Tap Fee. Developer or
future owner's obligation to pay such fees are in no way affected by the execution of this
Agreement.
12. Contin encies. The Parties' obligations under this Agreement are expressly contingent upon:
12.1. Any third party which may have an option to purchase or a right of first refusal
waiving or choosing not to exercise such rights and authorizing the conveyance
contemplated in this Agreement;
12.2. The satisfaction of any "Catlin" approval process in which a ditch or reservoir
company has the power to deny the contemplated Change Case.
13. Force Majeure. No party to this Agreement shall be liable for any delay or failure to perform
under this Agreement due solely to conditions or events of force majeure. Force majeure events
shall be those beyond the reasonable control of the Party including: acts of God, strikes or work
0
Native Water Dedlotion Agreement Visrosa 20220328 (01042717xA25C1)(92).doa
stoppages directly affecting the Party, unavailability or delay in receiving labor or materials,
material adverse weather conditions or stop -work action of governmental authorities.
14. Termination. At any time prior to the Credit Closing, Developer may choose to terminate this
Agreement, at which time Firestone shall distribute any un-spent portion of the Native Water
Dedication Fee which remains to Developer. At any time prior to the Credit Closing, Firestone
may choose to terminate this Agreement, at which time Firestone shall distribute any un-spent
portion of the Native Water Dedication Fee which remains to Developer. If at any time during
the Investigation Period Firestone determines that the Native Water is unsuitable for use by
Firestone to meet the Dedication Requirement for the Developer Lands the parties hereby agree
to treat this Agreement as terminated and Firestone shall distribute any un-spent portion of the
Native Water Dedication Fee which remains to Developer.
15. Binding Effect and Transferability. This Agreement shall be binding upon and inure to the
benefit of the Town as well as Developer, its heirs, personal representatives, successors,
transferees and assigns. Any Native Credit dedicated by Developer shall be used solely on
Developer's Lands for the Dedication Requirement unless otherwise agreed to by Firestone at
its sole discretion. Developer may only assign the Native Credit to another party in connection
with the transfer of the Developer's Lands. Firestone will provide Developer with a form
Native Credit Transfer at the Credit Closing to be used in connection with the transfer of any
Native Credit by Developer.
16. Entire Agreement. This Agreement represents the complete agreement between the Parties
and no oral modification shall be recognized. Any amendment or additions shall be made in
writing signed by both parties.
17. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a court
finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such
provision it would become valid and enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
18. Jurisdiction and Venue. This Agreement shall be governed and its terms construed under the
laws of the State of Colorado and venue shall be in the County of Weld, unless Parties
determine the matter is a "water matter" within the jurisdiction of Colorado's water courts, in
which instance venue shall be in the Division One Water Court.
19. Authoritv Developer and its undersigned signatory expressly represent and warrant to the
Town that Developer has authority to enter into this Agreement and that its undersigned
signatory on this Agreement has the authority to bind Developer to the terms of this Agreement
20. Recordina. This Agreement may be recorded in the office of the Weld County Clerk and
Recorder.
5
Native Water Dedication Agreement Vistosa 20220328 (01042717xA25C1)j26j.doa
21. Addendum Incorporated. The Parties hereby agree that the provisions of this Agreement are
further amended and extended by the terms of the Addendum attached hereto and incorporated
herein. In the event of any conflict between the terms of this Agreement and the Addendum,
the language and intent of the Addendum shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year
first above written
TOWN OF FIRESTONE F�F600 tES Tp,[�
rota,., 0
s
l�
CK H2O VENTURES, LLC, a Colorado
liability company
ivame:
Title:
MILLRACE RESOURCES, LLC, a
Colorado limited liability company
By: �
NameK Watcat.*+w`NCtIvt�.S.,cs—_
Title: R�,1
FRONTIER VENTURES, LLC, a
Colorado limited liability company
By:
Name:
Title:
6
Nat(ve Water Dedication Agreement_Vts[osa 20220328 J03042717w125LIJj92J.doa
TO NATIVE WATER DEDICATION AGREEMENT
THIS ADDENDUM TO NATIVE WATER DEDICATION AGREEMENT
("Addendum") is entered into by and between Firestone and Developer (collectively, the "Parties")
in order to facilitate the foregoing Native Water Dedication Agreement ("Dedication Agreement")
dated March 3�, 2022 and is executed on the Effective Date set forth therein. In this regard, the
Parties hereby agree as follows.
l . All terms and conditions of the foregoing Dedication Agreement are incorporated into this
Addendum as is fully set forth herein.
2. Unless specifically revised by the terms of this Addendum, all terms and conditions of the
Dedication Agreement remain unchanged and will be applied to the Parties course of
conduct under this Addendum to the greatest extent possible.
3. The Parties acknowledge and agree that as of the Effective Date, there are or may be clouds
on title regarding ownership of certain Native Water to be dedicated to Firestone under the
Dedication Agreement, and that said clouds on title may prevent the Credit Closing to occur
as contemplated by the Dedication Agreement. Firestone shall provide notice 14 days after
the Investigation Period regarding those water rights/shares, which comprise part of the
Native Water, for which Firestone has identified clouds on title requiring curative action(s)
be completed prior to a Credit Closing (the "Optional Shares"). The fact that Native Water
remains subject to a purchase agreement for conveyance to Developer shall not be a basis
for designation as Optional Shares,
4. The Parties hereby agree that if Developer determines that it is unable to convey clear title
all Native Water within the time frame contemplated by the Dedication Agreement, the
term of the Dedication Agreement may be extended until October 31, 2022, by Developer's
payment to Firestone of Twenty thousand dollars ($20,000.00) on or before the expiration
of the Investigation Period in the Dedication Agreement (the "October Credit Closing").
Said payment to Firestone providing for the extension of the Dedication Agreement will
be applied to the Native Water Dedication Fee to cover additional costs incurred by
Firestone due to the extension of the Dedication Agreement.
5. In the event the term of the Dedication Agreement is extended by Developer in accordance
with this Addendum, Developer shall be required to provide Firestone written notice of
any change in the status of title of the Native Water after the Investigation Period and
curative measures taken with respect to the Optional Shares no later than September 30,
2022, Firestone shall then have until October 3 �, 2022 to review Developers curative
actions for the Optional Shares and further investigate to confirm the status of title to the
Native Water ("Additional Diligence Period"). Firestone may designate additional shares
comprising Native Water as Optional Shares at the conclusion of the Additional Diligence
1
Period based on either changes or encumbrances to those shares after the initial
Investigation Period. A change in the status of title of Native Water by the vesting of title
in Developer shall not be a basis for designation as an Optional Share.
6. The Parties hereby agree that during the Additional Diligence Period, Firestone shall have
the option, but not the obligation, to proceed with the dedication of the Optional Shares or
elect to exclude the Optional Shares from the October Credit Closing and Native Water
subject to the Dedication Agreement,
7. Additionally, Firestone shall have the option, but not the obligation, to proceed to the
October Credit Closing on the Optional Shares despite any unresolved clouds on title, on
the condition that Developer quitclaim and assign to Firestone its title, rights, and interest
in the Optional Shares and Firestone shall proceed to clear title to the Optional Shares either
by agreement or completion of a quiet title action in Weld County District Court. In this
regard, Developer shall be entitled to the Native Credit associated with the Optional Shares
upon vesting of good and marketable title to the same in Firestone. If good and marketable
title fails to vest in Firestone for the Optional Shares at issue, then the amount of Native
Credit available to Developer shall be reduced in proportion to the per share contribution
of those Optional Shares. If Developer has independently entered into an escrow
arrangement with its seller(s) regarding resolution of any clouds on title for the Optional
Shares and has made the required deposit into escrow, and Firestone is unable to obtain
good and marketable title to the same, with the result being that Developer does not receive
Native Credit for those Optional Shares, then Developer shall be entitled to any escrow
funds disbursed under the escrow arrangement, less attorney fees and costs incurred by
Firestone in attempting to clear title.
8. If Firestone does not notify Developer of its election to purchase of the Optional Shares or
otherwise proceed in accordance with the terms of this Addendum on or before October
2022, Firestone's right to exclude the Optional Shares from the Native Water subject
to the Dedication Agreement and this Addendum shall be deemed to have been exercised
and the Parties shall proceed to the October Credit Closing on all Native Water excluding
the Optional Shares on or before October 31, 2022.
9. At the October Credit Closing on or before October 21 , 2022 Developer shall convey to
Firestone, by Special Warranty Deed and a good and sufficient water stock assignment or
such other documents as are necessary to convey good and marketable title to the Native
Water, free and clear of all encumbrances.
2
F
CK H2O VENTURES, LLC:
By:
MILLRACE RESOURCES, LLC, a
Colorado limited liability company
By:
Name: cAoj&
Title:
FRONTIER VENTURES, LLC, a
Colorado limited liability company
By:
EXI-IIBBT A
A PARCEL OF LAND BEING THE SOUTHWEST QUARTER OF SECTION 5; EkC'EP'I' "rH
SOUINI 790 FEET OF EAST 312 FEET, TO%WL 814IP 2 NORTH, RANGE 67 WEST OF THE 6TH
P.M., COUNTY OF WELD, STATE COLORADO. BEING MORE PARTICULARLY
i3ESCRIBED AS FOLLOWS:
BEGII ING AT'THF, SOUTHWEST CORNER OF SAIL] SOUTHWEST• QUARTER WHENCE
THE SOUTHWEST CORNER OF THE OF THE NORTHWEST CORNER OF SECTION 83,
1"OWNSHIP 2 NORTH, RANGE 67 WEST BEARS SOUTH 00°00'UO" WEST 2659.46 FEET,
SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE
NORTH 89023'55" EAST 2680.42 FEET TO THE NORTHEAST CORNER OF SAID
SOUTHWEST QUARTER; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST
QUARTER, SOUTH 00"11'14" EAST 1848.62 FEET; THENCE ALONG A LrNF, 790 FEET
gORTHERLY FROM AND PARALLEL WITH TIME SOUTH UNE; OF SAID SOUTHWEST
QUAIL' FRr SOUTH 991309138" WEST 312.02 FEET; THENC R ALONG A LINI.: 312 FEET
WESTERLY FROM AND PARALLEL WITH THE EAST LINE OF 4, AI17 So U'FHWEST
QUARTER, SOUTH 000I 1'14" HAST 790,05 FEET TO A POINT ON THE SOU'I'E I LINE OF
SAID SOU3TiW1EsT QUARTER, THENCE ALONG SAID .SOUTEI LIFE. SOOT f1 89"091801
A/FST 2376.98 FEET TO TI IE TRUE POINT OF BUOINMNC,
SAID IDARCEL �}F LAND COI�TA�IS 157.305 ACRES.
PAR��L S;
A PARCEL OF LAND BEING THE NORTHWEST QUARTER OF SECTION 8; EXCEP'➢ T HI
NORTH 871.2 FEET OF THE EAST 500 FEET, THE SOUTH 19044 FEET OF THE WEST
719.75 FEET ANDTIHE NOR H 755 FE RTO1a THE WEST 380 FEET.TOW1tiSHIP2 NOWrII.
RANGE 67 WEST COF THE 6TH P.M., COUNTY OF WELD, STATE. OF COLORADDo
COMMI'.NCIMG AT "fE$& Nt}06r1H1VES'i' CORNER CIF Sl1ID SEC3'I�JT•+t 8 W>-EENCE 'FI-➢E
SC)UTHWESTCORNEROFSAIDNE�It.TF➢WE6lTg4 t%R3'I:R OMPM:) SOIJ 134 UO000'00" EAST
2659*46 FEET, SAID LNE FORMING THE BASIS OF BEARINGS FLORTHI ;'DESC:RIPTION,
THENCE ALONG THEENORTHiINI SOF SAID NOi`t`!'IIwFim,QUARTER. NOR"Ili89°09';8„
EAST380.04FEETTOTHETRUEPOINTO BEOINNON69THI✓NC1 CC)N'rENilINCiNC}RT1H
89°09'38" EAST 1808@95 !F>✓ET, THENCE ALONG A LINE 500 FEET WESTERLY F ROIL➢ AND
I)ARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, SOUTH 00023123"
EAST 871.23 FEET; THENCE ALONG A LINE 871,2 F 14"T SOUTHERLY FROVE AND
E'ARALLEL WITH TIiENORTH LINE OF SAID NORTHWEST QUARTER. NORTII 89009138"
EAST 500.02 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER)
'i_HEaNCE SOUTH 00"231230' EAST 1789,35 FEET TO THE SOUTHEAST CORNER OF SAID
QUARTER, SOUTH 8961 I'I9" NEST 1987,26 FEET; THENCE ALONG A LINE 719.75 FEET
EASTERLY FROM AND ?ARALLEL WITH TIIE WEST LINE OF SAID NORTHWEST
QUARTER, NORTH 00000100" EAST 1888,20 FEET; THENCE NORTH 88059*000 WEST
339.80 FEET; THENCE I,ONG A LIItiE 380.0 FEET EASTERLY FROM AND PARJ%LLEL
WITI I THE WES111.I�NE OF THENORTHW EST QLIARTPgR, NORTH] 00000'00" EAST 760*60
'FEET TO THE TRUE POINT OF BEGINNINGW
SAID PARCEL OI^ I.ANI3 CONTAINS i IG.776 ACRES.
i
74 shares of the New Coal Ridge Ditch Company represented by Certificate No. 151.
70 shares of the New Coal Ridge Ditch Company represented by Certificate No. 152.
227 shares of the New Coal Ridge Ditch Company represented by Certificate No. 79.
46 shares of the New Coal Ridge Ditch Company represented by Certificate No. 271.
IV
arl
lei
I IF
n .
N 'An ' ` ,
FIR
•- - Y
��VP
tidFRO_
_^NCc�1t 1 S�RATEa Ufd�; ER 7FIE Lri'NVB� CIF TPR9. °;'iAT� C3F L'4x.�dtiq.Ptit7' .
IF
IF R14D Ql i !)IT- CH' F, UPANY
_ al IF 0
FIFF
r 4IF
Foam IF
ri
�• •x. W. 7•+ay Ya'.i*''�:J'
�q"::,�'.s..�`r e�.l6^. I•,!6'�`�cr. T�lE4�Y-� �' p11-•-
4 . ,1__ r I1 1- a+rA i�L ✓G e� /d ° � � rr'l i -J l+�f' leer a AO Ora 0
°
af ;o i t�//�[� +: �/Jf f 1'' y{� ) riy ff ps ff� . / /f y ff� fr �))) iffy { '}}
*? 'M /M�,f.^ �jPref4.447w�Y }li ,r,1 ll;'I1'Fff�J'tifr fifF�af�fry/1J�f•� '� �Ir r111 1'i.l'f
q,:'t+r{'Sks r.dd'fd�.lyd�,.`'�il�YI',1:'il'!{rf J''` 1r!}` }`#�+�{rlJf�C+J�'[1R.lr.,'�•,�``rE.!Pror
4h:]ar IF
F��b � 4.�ft¢.��+�� . ft'I�'wJl�t'�f ✓_lffi�l�x�'.���'!�i� i��l�r�,�. r''�''�`����'IFi�L 1�'+'���+4't+�
"�r &eer.rl r' r r r fr�/'f Fr .�c �rf � c# mo t .', � d e'�.�rir , �,� :
. ,�
Ed
\ /' / A do
t.
C/It
Ed Ed w
- ---
I.
;:. _
Ed do,
Eld
s\
-
-
.
Ed Ed
/
,.
Ed
I do
Il)Ed
1 Ed
do
I
oda
-=
Ed
IeP pol
/old
did
Eli
Ed
I.
Jdoo
dodo
\I
to
do
\ -
—
_ mPs
did—
�!do-
I'd
Ed
I -
Ed
or I
do 7
l�
't
it A in
IT
"rdo
J
IEd
s I
Ed
old
Ed
r
n; 'o,.
i..
Ed
R
/
Ed Ed
dot
JL
EI
Ed.
d
Ed Ed
Ed.
Ed
L
I41,
\
-Ed
1'
_do
`� /
44
�)c=C ` 'Ed,de1 F �%
I Ed m Ed
dI
delEpd
Ed 11 to.
- -- It 4
- do
M:mz�
dood Ed
Ed
do
doEi do F. did-
y Ed
S$
tood. Is
to r
p�
— E
Ti - Ilost,
;g Prominence Partners I, LLC a Colorado ��pp :•"n
Ed I do doodo
ElE
<fEd
limited liability company ,u�,.!fu���f7LP/I''�
/ 7 — — — --
E.
4{
1. r * **Seventy-four**** . doo Ed
4 I ��ara�
jto
lot
j
do It id, Ed NE I :' 1I (�
a
_—liY&ORROJ?�TED�.INDER�E_LAINS QF THE STATE OF COL{�B�DO
r r..
_ =do
-- :u �� _ter.
f .l 11 I, - {I .o r �1r� f'.i { ?i Uhl -II fJti'
I Ed
Ed-
\� 0. 1 f� i .. , it n T• f :� •w''! 7..'/'!Ed
�J <v
76,
Ed
; J
Ed� Ed
rrI
Fr '. d {1.
led'r ire IEd od�
EL ow roe �J yyr� ff old If o
do o
{ 1
do
de I Ed
III I Ed
t%%yfEiI�O :rI Ed r door Ed
S
1
✓ "{
_ J r �.
T iy-r y!"m led,1'[noi,. �r�'.� -FEd
'7 Y
E do,I reld Is Ed Ed
A j
i
f f`� I
11
i')jl I
ti.F I{y 1 I I 7'
�.
Ed
r f r I f- tEd I I Ed
s ..
J I y IIIa
r."
I ��l
1
-
I
at
I
ON
r. vi NIL
e
_ = LILL_ IS
ION
�1LINNII
IwE5 I*
_IN Ilk I
r i r .R"
r _
�1 6 _. I Wong a'wB
- IN
_ }
-NIN47ML
IF
atado aI OLIN,
t;iv`rrla:�-oJYfia`r..$3r3.!`"7+i#_+'J9+• d'ila`�ft�9' t'f.�lsf.•�SFi//:MTf•J'r ,•-.kt''y _-.? t"r .-,i�_ 'i
Rf fa p d na.-#v' ,?.7 �„I.'�I A3l.Ft r f ,�i ..fa4rf - +�P&' iL', ' r::e`� •-e''f'r- «•4i
r +
•ifs .' pn t" f: F .r rl d�%i7+ i :.i P Wife . �d A� �'r>-�r..•A.• 's!' �+.r ,� 9
.. py��¢'Yai iv�f �.!ir.�' f_ •p.:z_r::-.a��:._ _. `�irau °,-a+'r�:�z.'• a f: ir,.z. ay s..,❑ _'o_ a- _WA a, rrEVON
ZA
- - - — r-
If I
.' to �� ,. i u
ILL
rl•-►'. -.IVII
•w +s.. -
J