resolutions -- 2012 - montezuma county,...

Resolution Number 20 1 2- 1 20 1 2-2 201 2-3 201 2-4 20 1 2-5 20 1 2-06 201 2-07 201 2-08 20 1 2-09 201 2- 1 0 2012- 1 1 20 1 2- 1 2 201 2- 1 3 20 1 2- 1 4 201 2- 1 5 2012-16 2012- 1 7 2012-18

Resolution Number

Agreement 2012-1

RESOLUTIONS -- 2012

Date Signed Name 02106120 1 2 GOCO grant appl. Grandstands/Fairgrounds 021 1 3120 1 2 Conduct 201 2 Primary Election as mail ballot 3 1 1 9120 1 2 Issuance of Credit Cards authorization 4/23/20 1 2 Change agenda locations 4/30/20 1 2 Rd 1 8 Local Improvement Dist. No. 1 517120 1 2 Amendments to Land Use Code 5/ 1 4/201 2 PLCC amendment 61 1 1 120 1 2 Fire Ban 6/ 1 8/20 1 2 Preserve Habeas Corpus & civil liberties 7125120 1 2 Weber Canyon Fire as Local Disaster Emergency 8/06/20 1 2 Suspend Fire Ban 09/24/201 2 Opposing Ballot amendment 64 1 2/03/20 1 2 Budget Adoption 1 21031201 2 General property tax levy 12/03/20 1 2 Law Enforcement Levy 12103120 1 2 Appropriate sums o f money 1 2/03/20 1 2 Amendment Resolution 20 10- 1 1 2/ 17/201 2 Amending the 20 1 2 budget

LAW ENFORCEMENT AUTHORITY RESOLUTIONS 2011 Date Signed

01/30/2012 Name

Agreement between BOCC and LEA

THE BOARD OF COUNTY COMMISSIONERS

OF THE COUNTY OF MONTEZUMA

STATE OF COLORADO

Resolution #2012-18 A Resolution Amending the 2012 Budget

WHEREAS, Montezuma County adopted operating and capital budgets for the General Fund, Road & Bridge Fund, Conservation Trust Fund, Clara Ormiston Fund, Emergency Telephone Service Fund,

Sheriff's Forfeiture Fund, Revolving Loan Fund, Lodgers Tax Fund, Jail Bond Fund, Law Enforcement

Authority Fund, Capital Fund, Landfill Enterprise Fund, TABOR Emergency Reserve Fund, and

Contingency Fund on December 12, 2011, for the ensuing budget year 2012; and

WHEREAS, Montezuma County, after adoption of the 2012 budget, received unanticipated revenues

or revenues not assured at the time of the adoption of the budget other than the local government's

property tax mill levy.

NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners of Montezuma County,

Colorado, the governing board, authorizes the expenditure of such funds by enacting a supplemental

budget and appropriation as follows:

General Fund

Total Additional Appropriations and Expenditures

Total Additional Transfers Out

Beginning Fund Balance as of 1/1/2012

Road & Bridge Fund


Conservation Trust Fund



Clara Ormiston Fund


Emergency Telephone Service Fund


Be ginning Fund Balance as of 1/1/2012

Revolving Loan Fund

Beginning Fund Balance as if 1/1/2012

Lodgers Tax Fund


$913,088 $501,063 $9,520,563

$4,056,064

$45,125 $147,734

$443

$707 $555,521

$142,618

$101,267

RESOLUTIOK N0.2012- 17

A RESOLUTION AMENDING RESOLUTION NO. 1-2010 DECLARING IT TO BE UNLAWFUL FOR ANY PERSON TO OWN, KEEP, HARBOR OR POSSESS A DOG THAT IS NOT UNDER CONTROL &"ID PROVIDING FOR IMPOUNDMENT OF SUCH DOGS AND CRIMINAL PENALTIES.

WHEREAS the Board of County Commissioners of Montezuma County, State of Colorado, finds that dogs not under control present a danger to the safety and peace and tranquility of persons and property and that persons and property must be protected from such dogs;

NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Montezuma County pursuant to C.R.S. 30-15-101 and 102, except as provided in C.R.S. 30-15-lOl(l)(b), that Resolution 1-2010 is amended as follows:

1. It shall be unlawful for any person to own, keep, harbor or possess a dog that is not under control.

2. (a) "Control" means as to a "viciotrn dog" as defined in paragraph 3 herein that said vicious dog (I) is physically restrained to the premises of its custodian, or (II) is in the immediate ·\ presence of said dog's custodian who is enforcing said dog's obedience to said custodian's

;' commands.

(b) "Control" means as to any dog that is not "vicious" as defined in paragraph 3 herein that / ..

when said dog is away from and off the premises of its custodian that said dog (I) is physically •

restrained to prevent freedom of action, or (II) is in the immediate presence of said dog's custodian who is enforcing said dog's obedience to said custodian's commands.

(c) "Control" as to any dog or dogs also means that said dog or dogs shall not make / unreasonable noise.

( d) Paragraphs (a), (b) and ( c) are each separate and distinct control requirements, and the violation of either paragraph is a separate violation of paragraph 1 of this Resolution.

3. "Vicious dog" means a dog that is a clear and present danger to the safety of persons or property.

4. "Custodian" means any person owning, keeping, harboring or possessing a dog.

5. "Premises" means said custodian's vehicle or real property, except that "premises" does not include any public or county road right of way on said custodian's real property.

6. (a) Any violation hereof not involving bodily injury to any person shall be a class 2 petty offense, punishable, upon conviction, by a fine of not more than one thousand ($ 1,000.00) dollars or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment for each separate offense. The penalty assessment procedure provided in C.R.S. 16-2-201 may be followed for violations not involving bodily injury to any person as follows: the penalty assessment fine shall be fifty ($50.00) dollars for the first violation, and one hundred ($100.00) dollars for the second violation by the same person.

(b) Any violation hereof involving bodily injury to any person by a dog shall be a class 2 misdemeanor and punishable as provided in C.R.S. 18-1.3-501 for each separate offense.

7. The Sheriff of Montezuma County and his deputies shall enforce this resolution and may impound any dog not under control, and further, whenever said officer has probable cause to believe that a violation has been committed, he may issue a citation or summons and complaint to the violator stating the nature of the violation with sufficient particularity to give notice of said charge to the violator.

8. Said citation or summons and complaint shall be filed in the County Court in and for Montezuma County, Colorado. The District Attorney shall be the prosecuting attorney. All fines, forfeitures and other moneys collected shall be paid to the Montezuma County treasurer at once.

9. This resolution is necessary for the immediate preservation of the public health and safety from dogs not under control.

10. This resolution shall be effective immediately upon adoption.

NOW THEREFORE, BE IT RESOLVED THAT THIS RESOLUTION IS HEREBY ADOPTED.

Adopted this 3rolday of 't:Jw_.

Commissioners 1Il

, 201 2, at 1240 o'clock _:p_.m.

BOARD OF COUNTY COMMISSIONERS OF MONTEZUMA COUNTY, COLORADO

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favor of this Resolution were voting aye

(!. ba ppg QQ J!:(, fl� h ¥rl\__ I I , and

Commissioners voting nay against this Resolution were , and

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MONTEZUMA

STATE OF COLORADO

Resolution #2012-16

A RESOLUTION TO APPROPRIATE SUMS OF MONEY

WHEREAS, the Commissioners have adopted the annual budget in accordance with Local Government Budget Law on December 3, 2012, and;

WHEREAS, The Commissioners have made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as set forth in said budget; and

WHEREAS, it is not only required by law, but also necessary to appropriate the revenue provided in the budget to and for the purposed described below so as not to impair the operations of the County.

NOW THEREFORE BE I T RESOLVED by the Board of County Commissioners of Montezuma County, Colorado, that the following sums are hereby appropriated from the revenue of each fund, to each fund, for current operating and capital expenses:

1) General Fund $13,444,341

2) Road & Bridge Fund $5,090,075

3) Social Services Fund $14,102,847

4) Public Health Fund $1,986,310

5) Landfill Enterprise Fund $1,370,281

6) Capital Fund $0

7) Law Enforcement Authority Fund $913,812

8) Conservation Trust Fund $100,000

9) Emergency Telephone Service Fund $273,488

10) Clara Ormiston Trust Fund $10,000

11) Lodgers Tax Fund $120,000

12) Sheriff Forfeiture Fund $0

13) TABOR Emergency Reserve Fund $0

14) Contingent Fund $0

15) Jail Bond Fund $346,923

16) Revolving Loan Fund $0

TOTAL $37 ,758,077

Commissioners voting aye in favor of the resolution were:

J;.,/!, 4ffdl £,�+----Commissioners voting nay against the resolution were:

i11t11_n h (IQ o R c11 c 1b})r �.&i h County Clerk and Record Montezuma County, Colorado

I certify that the above Resolution is a true and correct copy of same as it appears in the minutes of the Board of County Commissioners of Montezuma County, Colorado and the votes upon same are true and correct.

Dated this 3rd day of December, 2012.

County Clerk and Reco er Montezuma County, Colorado


STATE OF COLORADO

Resolution #2012-15

A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2012 TO HELP DEFRAY THE COSTS OF THE LAW ENFORCEMENT AUTHORITY OF MONTEZUMA COUNTY, COLORADO, FOR THE

2013 BUDGET.

WHEREAS, the Board of County Commissioners of Montezuma County, Colorado, have adopted the annual budget in accordance with the Local Government Budget Law on the 3"' day of December, 2012; and,

WHEREAS, the 2012 valuation by the Board of County Commissioners for the unincorporated areas of Montezuma County only as certified by the County Assessor for the Law Enforcement Authority is $540,474, 140.

NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Montezuma County, Colorado, that:

For the purpose of meeting all general operating expenses of the Law Enforcement Authority of Montezuma County during the 2013 budget year, there is hereby levied a tax of mills as stated below upon each dollar of the total valuation of assessment of all taxable property within the unincorporated areas only of Montezuma County for the year 2012.

SUMMARY OF FUNDS BUDGET 2013

LAW ENFORCEMENT AUTHORITY 1.45


Commissioners voting nay against the resolution were:

County Clerk and Recorde Montezuma County, Colorado

I certify that the above Resolution is a true and correct copy of same as it appears in the minutes of the Board of County Commissioners of Montezuma County, Colorado and the votes upon same are true and correct

Dated this 3rd day of December, 2012.


STATE OF COLORADO

Resolution #2012-14

A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2012 TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR MONTEZUMA COUNTY, COLORADO, FOR THE 2013 BUDGET.

WHEREAS, the Board of County Commissioners of Montezuma County, Colorado, have adopted the annual budget in accordance with the Local Government Budget Law on the 3•ct day of December, 2012; and

WHEREAS, the 2012 valuation by the Board of County Commissioners for all of Montezuma County as certified by the County Assessor is $654, 194,430.

NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Montezuma County, Colorado, that;

For the purpose of meeting all general operating expenses of Montezuma County during the 2013 budget year, there is hereby levied a tax of mills as stated below upon each dollar of the total valuation of assessment of all taxable property within the County for the year 2012.

SUMMARY OF FUNDS BUDGET 2013

County General 10.338

Social Services 1.300

Road and Bridge 2.616

TOTAL COUNTY MILL LEVY 14.254



�..:=::.>��-'-'>.L.&L.AJ..4-�� County Clerk and Recorde Montezuma County, Colorado


Dated this 3"' day of December, 2012.


STATE OF COLORADO

Resolution # 2012-13

A RESOLUTION ADOPTING A BUDGET FOR MONTEZUMA COUNTY, COLORADO FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2013 AND ENDING ON THE LAST DAY OF DECEMBER 2013.

WHEREAS, the Commissioners of Montezuma County, Colorado, have appointed Ashton N. Harrison to prepare and submit a proposed budget to said governing body; and

WHEREAS, Mr. Harrison has submitted a proposed budget to this governing body for its consideration; and

WHEREAS. due to proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. a public hearing was held on November 19, 2012 and continued to December 3, 2012, and interested electors were given the opportunity to file or register any objections to said proposed budget.

NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Montezuma County, Colorado, that the budget as submitted hereby is approved and adopted as the budget of Montezuma County, Colorado for the year 2013.


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�,w._ � CJW.6 ��(!JvJL County Clerk and Recorder Montezuma County, Colorado


Dated this 3'" day of December, 2012.

The Board of County Commissioners of the County of Montezuma

State of Colorado

Resolution #2012-12

A Resolution Oppusing Proposed Amendment 64

\\!HEREAS, Amendment 64 would make Colorado the first state in the Uniled States to legalize marijuana for recreational purposes; and

WHEREAS, Amendment 64 would allow anyone twenty-one years or older to possess and consume up to one ounce of marijuana; and

WHEREAS, Amendment 64 would permit opening marijuana retail stores, growing facilities, manufacturing facilities and testing facilities in our community; and

WHEREAS, Amendment 64 conflicts with federal law and jeopardizes federally funded projects because drug-free workplace requirements may not be met; and

WHEREAS, passage of Amendment 64 would result in increased use of marijuana, harming our children and the educational environment in Colorado; and

WHEREAS, passage of Amendment 64 would harm Colorado's image as a healthy place to live, work and raise a family; and

WHEREAS, passage of Amendment 64 would undem1ine workplace safety programs, expose workers to an increased risk of injury and increases liability to employers; and

WHEREAS, passage of Amendment 64 would put Coloradoans in danger of increased impaired driving; and

WHEREAS, passage of Amendment 64 would make Colorado the first state to try to profit from legalization of marijuana at the expense of its children,

NOW, THEREFORE, BE IT RESOLVED THAT:

Montezuma Board of County Commissioners opposes Amendment 64 and the legalization ofrnarijuana for recreational use and supports the No on 64 campaign to defeat this hannful measure on the November 20 I 2 ballot.

Board of County Commissioners of Montezuma County. Colorado

! ce1iify that the above Resolution is a true and con-ect copy of same as it appears in the minutes of the Board of County Commissioners of :vlontezuma County, Colorado and the votes upon sa1nc are true anrl correct

Dated this 2411' Day of September, 2012

(SEAL) _flrld?G cJ!< de� ""County Clerk and Recorder Montezuma County, Colorado

&_Old.RESOLUTION NO. I i

A RESOLUTION SUSPENDING THE BAN ON OPEN FIRES Ac'W TIIE USE OF FIREWORKS

\VHEREAS, Montezuma County Ordinance No. 1·2008 prohibits open fires and the use

of fireworks in the unincorporated areas of Montezuma County, except as the Board of County

Commissioners of Montezuma County based upon competent evidence may by resolution suspend

said ban from time to time to the degree and manner consistent with existing wildfire dangers; and

WHEREAS, competent evidence having been presented of sufficient moisture

throughout Montezuma County temporarily reducing existing wildfire dangers to more normal

conditions;

NO\V THEREFORE BE IT RESOLVED by the Board of County Commissioners of

Montezuma County that said ban on open fires and the use of fireworks should be and is hereby

suspended. Said suspension shall continue in effect until canceled pursuant to Montezuma County

Ordinance No. 1-2008.

This Resolution is adopted this ie '/}day of 1111 · , 2012, at j,p: / l?'o'clock

Jl..m.


Commissioners voting no against this Resolution were:

County Clerk and Recorder Montezuma County, Colorado


State of Colorado

Resolution #2012-IO

A Resolution Declaring the Weber Canyon Fire a Local Disaster Emergency

Whereas; C.R.S. 24-32-2109 states a local disaster may be declared only by the principal

exect..;tive officer of a political swbdivision. It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing board of the political subdivision. Any order o r

proclamation declar-ing1 continuing, o r terminating a focal disaster emergency shall be given prompt and

general publicity and shall be filed promptly with the county clerk and recorder, city clerk, or other

authorized record-keeping agency and with the division (DEM); and

Whereas; The fire known as the ''Weber Canyon Fire" that started at approximately 17:00 hours

on Friday, Jene 22, 2012 has exceeded the ability of the county and other local resources to contain and

extinguish the fire; and

Whereas; The Weber Canyon Fire is expected to continue for an indefinite period but will

exceed seven days thus requiring the a pproval of the Board of County Commissioners;

Whereas; Due to existing fire conditions, the Weber Canyon Fire has the potential to spread

rapidly and is an immediate threat to the public.

!\ow therefore� be it resolved that: The Board of County Co1n1nissioners declares a local

disaster en1ergency in Montezun1a County as a resulr of the Weber Canyon Fire.

Board of County Co1nmissioners of Montezuma County, Colorado

4� ��ule, Vice-Chair

Absent

Gerald W. Koppenhafer, Commissioner of Deeds

I certify that the above Resolution is a true and correct copy of same as it appears in the minutes of the Board of County C0In1nissioners of \t1onte.zu1na County� Colorado and the votes upon same arc true and correct.

(LCM�� County Clerk and Recorder Montezuma County, Colorado

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WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,


State of Colorado

Resolution #2012-9

A Resolution to Preserve Habeas Corpus and Civil Liberties

in accordance with the Colorado State Constitution, Article 12, Section 8, all elected

officials are mandated to "take and subscribe an oath or affirmation to support the

Constitution of the United States and of the State of Colorado, and to faithfully perform

the duties of the office upon which he shall be about to enter;" and the Montezuma

County Commissioners therefore uphold this oath of office by the adoption of this

Resolution, and

one of our most fundamental rights as American citizens is to be free from unreasonable

detention without due process of law, a right afforded to us by our Founding Fathers

and guaranteed to us by over two centuries of sacrifice by our men and women in the

Armed Forces whom we daily recognize and honor; and

Sections 1021 and 1022 of the United States House of Representatives National Defense

Authorization Act for 2012, HR 1540, (Public Law 112-81), jeopardize the fundamental

rights of American citizens to remain free from detention without due process and the

right to habeas corpus in direct contravention of the guarantees of the Bill of Rights and

the United States and Colorado Constitutions; and

The National Defense Authorization Act for 2013 does not repeal these Sections 1021

and 1022 of the 2012 Act; and

The Writ of Habeas Corpus may only be suspended in cases of rebellion or invasion, US

Constitution, Article 1, Section 9, neither of which is extant; and

It is indisputable that the threat of homeland and international terrorism is both real

and viable, and that the full force of appropriate and constitutional law must be used to

defeat this threat so that terror never wins; however, winning the war against terror

cannot come at the great expense of mitigating basic, fundamental, constitutional rights

using rules, laws, regulations, bill language or executive orders; and

the Board of County Commissioners of Montezuma County, Colorado, wholeheartedly

supports the United States military and recognizes the importance the National Defense

Authorization Act for 2012, HR 1540 (Public Law 112-81), as an appropriations bill and as

a bill necessary to support the efforts of our military to both serve and protect the

people of this great Nation, with the exclusion of sections 1021 and 1022; and

WHEREAS, undermining our own Constitutional rights serves only to concede to the terrorists'

demands of changing the fabric of what made the United States of America a country of

freedom, liberty and opportunity; therefore

BE IT RESOLVED, the Board of County Commissioners of Montezuma County, Colorado , is in

opposition to Sections 1021and 1022 of the United States House of

Representatives National Defense Authorization Act for 2012, HR 1540, (Public

Law 112·81), and does hereby support the Colorado Constitution and the

Constitution of the United States of America and all the freedoms and

guarantees as recognized by our Founding Fathers and as provided by the brave

efforts of the members of our Armed Forces.

Dated this l81h Day of June, 2012, at Cortez, Colorado

THE BOARD OF COUNTY COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

Steve D. Chappell, Chair

Larrie D. Rule

Gerald W. Koppenhafer

ATTEST:

Carol Tullis, County Clerk and Recorder

RESOLt:TION �o. :'2, o I ,;t__ -g A RESOLUTION CANCELING THE SUSPENSION

OF THE BAN ON OPEN FIRES AND THE USE OF FIREWORKS

WHEREAS, the Board of County Commissioners of Montezuma County, State of

Colorado, based upon competent evidence, finds that the danger of forest and grass fires is high

throughout the unincorporated areas of Montezuma County and that to protect the public health,

safety and welfare it is necessary to reduce the clanger of wildfires within those areas;

NOW THEREFORE BE IT RESOLVED by the Board of Counly Commissioners of

Montezuma County as follows:

L That Resolution No. 6-2011 and the suspension of the han on open fires and the use of

fireworks is hereby canceled pursuant to Montezuma County Ordinance No. 1-2008.

2. That the ban on open fires and the use of fireworks pursuant to Ordinance No. 1-2008

continues in full force and effect.

NOW THEREFORE BE IT RESOLVED that this resolution is hereby adopted effective

immediately.

Adopted this _j_l_ day of ;/ � t:. , 2012, at / /; O ?J' o'clock JL. m.

BOARD OF COUNTY COMMISSIONERS OF MONT:E�UMA COUNTY, COLORADO

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Commissioners voting aye in favor of this Resolution were:

a7/t/F��""':C£ 'JL12£c£A.J f lq�ll (!&!(.?!'.' 4:.(£ � ,4- ,Z,/;/c andtkvk;;r,, d£._aLd.'_U) J%,, ¢/Mb/f& ·' ' I Commissioners voting no against this Resolution were:


2


State of Colorado

Resolution# 2012-7

A Resolution to amend Resolution# 2-2011

Whereas, Resolution # 08-2010 asserts Montezuma County's authority that all federal agencies and state agencies involved with federal agencies to coordinate with the Board of County Commissioners; and

Whereas, the sheer number of federal actions on public lands in Montezuma County requires studious attention and due diligence; and

Whereas, it is essential that private property and the public's use of public lands be protected;

Now therefore, be it resolved by the Board of County Commissioners that:

Section 1: Purpose of the Public Lands Coordinating Commission

(1) The purpose of said Commission is to review all plans, policies, projects, and management actions affecting public lands in Montezuma County considered or taken by all federal agencies and state agencies involved with federal agencies and make recommendations concerning such to the Board of County Commissioners.

(2) Nothing in this resolution shall be interpreted to apply to Ute Mountain Ute or Southern Ute Tribal Lands.

Section 2: Membership of the Public Lands Coordinating Commission

(1) Said Commission shall consist of seven (7) members.

(2) Said Commission shall have two approved alternates.

(3) Each member of said Commission shall be a resident of Montezuma County, Colorado.

Section 3: Officers of the Public Lands Coordinating Commission

(1) Said Commission shall elect a Chairman, Vice-Chairman, and Secretary from among its members whose terms shall each be two (2) years.

(2) No officer shall serve more than two (2) terms.

Section 4: Vacancies on the Public Lands Coordinating Commission

(1) A vacancy occurring among the members of said Commission shall be filled by the Soard of County Commissioners.

Section 5; Removal of Members of the Public Lands Coordinating Commission

(1) All members of said commission serve at the pleasure of the Board of County Commissioners.

(2) Any member of said Commission who misses more than three (3) consecutive meetings or more than one-fifth (1/5) of all meetings in a calendar year shall immediately be removed as a member of said Commission

(3) If any member of said Commission ceases to be a resident of Montezuma County his or her membership shall immediately terminate.

Section 6. Terms of Members of the Public Lands Coordinating Commission

(1) The term of appointed members shall be three (3) years.

(2) Terms for appointment of said Commission shall be staggered by making the appointments so that approximately one-third (1/3) of the members terms expire each year.

(3) There are no term limits established.

Section 7. Meetings of the Public Lands Coordinating Commission

(1) Said Commission shall meet at least quarterly, but may meet as often as deemed necessary.

(2) All meetings and work sessions of said Commission shall be open to the public.

(3) All meetings and work sessions of said Commission may be electronically recorded and stored at the Montezuma County Courthouse.

(4) Minutes of all meetings and work sessions shall be recorded and stored at the Montezuma County Courthouse.

(5) Said Commission shall post an agenda for every meeting and work session at the Montezuma County Courthouse at least (48) hours prior to any meeting or work session.

(6) Any meeting comprising a quorum of members shall constitute a meeting and must com ply with this resolution.

Section 8. Seating Alternates

(1) First and second alternates shall be appointed.

(2) In the event said Commission meets quorum of (5) but still has vacant seats, any alternates present shall be seated if the alternate chooses to be seated.

(3) Seated alternates shall hold full voting privileges.

Section 9. Civility to Rule all Meetings of the Public Lands Coordinating Commission

(1) Said Commission shall treat all federal and state employees who attend meetings with professionalism, courtesy, and respect, and the same shall be expected of all federal and state employees in turn, as coordination and cooperation is not possible in an atmosphere of hostility. Said Commission shall also require members of the public to behave in similar fashion.

(2) The chair of said Commission, or the vice-chair in his or her absence, is vested with the authority to remove any said Commission member, federal or state employee, or member of the public from any meeting or work session who violates this section. In the event any such person refuses to leave, the chair or vice -chair shall immediately cause the meeting to be adjourned without approval of a majority of said Commission in attendance.

Board of County Commissioners of Montezuma County, Colorado.



I certify that the above Resolution is a true and correct copy of same as it appears in the minutes of the Board of County Commissioners of Montezuma County, Colorado and the votes upon same are true and correct

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STATE OF COLORADO

At a regular meeting of the Board of County Commissioners of Montezuma County, Colorado, duly convened and held the 7"' day of May 7, 2012, with the following persons in attendance:

Commissioners: Commissioners Absent County Attorney: County Administrator: County Clerk:

Steve Chappell, Larrie D. Rule and Gerald W. Koppenhafer

Bob Slough Ashton N. Harrison Carol Tullis

the following proceedings, among others, were taken:

RESOLUTION No. 2012·6

A RESOLUTION AMENDING RESOLUTION NOS. 2-98, 12-2000, 4·2002, 10-2003, 17·2003, 13-2004, 4·2006, 11-2007,7-2008, 12-2009 and 09-2010

THE MONTEZUMA COUNTY LAND USE CODE

WHEREAS, the Montezuma County Land Use Code was adopted on the 20'' day of July, 1998, and

WHEREAS, the Montezuma County Land Use Code was amended on the 6th day of November, 2000 by Resolution No. 12-2000, the 8"' day of April, 2002 by Resolution No. 4-2002, the 15'h day of September, 2003 by Resolution No. 10-2003, the 15•h day of December, 2003 by Resolution No. 17-2003, the 18"' day of October, 2004, by Resolution No. 13-2004, the 1 ?'h of July, 2006, by Resolution No. 4-2006, the 18" day of December, 2006, by Resolution No. 13-2006; the 29" day of October, 2007, by Resolution No. 11-2007; the 21" day of July 2008 by Resolution No. 7-2008; the 161' day of November 2009 by Resolution No. 12-2009; and subsequently on the 13"' day of September, 201 O;

WHEREAS, on Monday April 30, 2012, and Monday, April 7, 2012, the Planning and Zoning Commission Board and Planning Staff presented proposed code amendments to the Board of County Commissioners at a publicized public hearing;

WHEREAS, it has become necessary to amend said Land Use Code.

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Montezuma County as follows:

9105.5 Effective Date. This Code is necessary for the immediate preservation of the public health, safety and welfare, and shall be effective immediately upon adoption.

NOW THEREFORE BE IT RESOLVED that this Resolution is hereby adopted and said Montezuma County Land Use Code is so amended.

Adopted this 7lh day of May, 2012, at $._:� o'clock p.m.

Board of County Commissioners of Mo tezuma County, Colorado

- } Y)

issioners voting aye in favor of this Resolution were:

/� and,��

Commissioners voting no against this Resolution were:

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r1£y d 'liA.,L!e:,,_) County Clerk and Recorder Montezuma County, Colorado

I certify that the above and foregoing Resolution is a true and correct copy of same as it appears in the minutes of the Board of County Commissioners for Montezuma County, Colorado, and the votes upon same are true and correct.

Dated this 7'h day of May, 2012.

(SEAL)

Montezuma County Land Use Code - 81 -


Date Amended: May 7, 2012

COVER SHEET ROAD 18 LOCAL IMPROVEMENT DISTRICT

Owners of Property

RICHARD MARSELL CARL MARSELL MURIEL T. GREGOR TRUSTEE GREGORY A DILLON DAVID R DILLON Exhibit Number 2

Lorna Gail Ladage Exhibit Number 3

Poe Family Partnership LLP Exhibit Number 4

Eagles Nest Partnership LLP North 160 ac. Exhibit Number Sa and 5b

Eagles Nest Partnership LLP South 160 ac Exhibit Number 5a and 5b

Charles L. & Daisy T. Mahaffey Trust Exhibit number 6

Morgan Lee Allsup Exhibit Number 7

I hereby certify this warrant for collection to be true and correct

to the best of my knowledge

Carol Tullis Montezuma County Clerk and Recorder

582407 RES 04/30/2012 01:17:19 PM Page: I of 27 R 0.00 D 0.00 T 0.00 Carol Tullis Clerk/Recorder, Montezuma County, Co

1111 Ml".i.,�111&1,��IA�lil �ri:��;M'lt W\l\.�n& 11 111 RESOLUTION NO. 2012-5

A Resolution Assessing And Levying The Allocated Costs

For Roadway Improvements In The Montezuma County Road 18 Local Improvement District No. 1 Against The

Properties Described Herein

WHEREAS, on June 27, 2011, the Montezuma County Board of Commissioners

adopted Resolution No. 05-2011 forming, creating and establishing the Montezuma County

Road 18 Local Improvement District No. 1 and providing for roadway improvements and the

assessment of costs for same; and

WHEREAS, said roadway improvements having been completed at a total cost of

$82,825.75; and

WHEREAS, the Statement pursuant to C.R.S. 30-20-607 having been filed and notice

published pursuant to C.R.S. 30-20-608; and

WHEREAS, the public hearing pursuant to C.R.S. 30-20-609 having been held, and the

Montezuma County Board of Commissioners having heard and determined all complaints and

objections and making such modifications and changes as may seem equitable and just;

NOW THEREFORE BE IT RESOLVED by the Montezuma County Board of

Commissioners as follows:

1. That the $82,825.75 costs for the roadway improvements in the Montezuma County

Road 18 Local Improvement District No. 1 is hereby assessed and levied in the allocated

amounts, plus two (2) percent interest per annum on the unpaid balance, against each of the

respective properties as set forth in the Allocation Table marked Exhibit 1 attached hereto and

made a part hereof. Each of said properties is more fully described by legal description in the

respective Deeds marked Exhibits 2 through 7 attached hereto and made a part hereof.

582407 RES 04/30/2012 01:17:19 PM Page: 2 of 27 R 0.00 D 0.00 T 0.00 Carol Tullis Clerk/Recorder, Montezuma County, Co

1111 r11r.1. �:r1111a11�llM9:11+11 a'&IU�rw�11!4'tl-wl.�111. 11111 111 2. That said assessed costs shall be due and payable to the Montezuma County

Treasurer by the respective property owners. The owners of each respective property may elect

to pay the allocated amount shown on Exhibit _8__ attached hereto and made a part hereof by

paying in ten (10) equal annual installments, plus interest, for ten (10) consecutive years,

beginning January 1, 2013, and on or before the first day of each year thereafter until paid in full.

C.R.S. 30-20-612 and 30-20-614.

3. That pursuant to C.R.S. 30-20-610 this assessment and levy shall constitute a

perpetual lien against each respective property described herein in the allocated amount owed.

C.R.S. 30-20-615 and 30-20-617 shall apply upon failure to pay when due.

4. That this Resolution shall be filed with the Montezuma County Clerk and Recorder,

Assessor, and Treasurer so that they can perform their duties as required by law.

-!} � Adopted this'30 day of � - , 2012, at 9 - · DO B,_.m.


582407 RES 04/30/2012 01:17:19 PM Page: 3 of 27 R 0.00 D 0.00 T 0.00 Carol Tullis Clerk/Recarder1 Montezuma County, Co 1111 ��·.i.�:1'1111&1.:lrrr."liM IW�lr'.rlja"fiotll'!W,l-r,•1�·ii1111 111

id Com�i"'i°""' votiog 'Y' io favm ifl ho "/'.""°' �"'. �:::::--"';: 0ift!JQ/fl ./)O(A/uf ,fJ, /2u!._.fl, and XJJAaerJL, UJ ·�11�-!J

Commissioners voting nay against the Resolution were:. __________ _


ALLOCATION TABLE • " ·- " "' Jl l .... � llT"YICITlll"IT"I l\TI NTl1\lT'l1 1• 1111;,r.� Tal\11111111 oo AtunOJ ew�z�7uou 'J�pJOOD�/��arJ STifOl fOJVO Road 18 Local Improvement District 00 0 l 00 0 0 00'0 � LZ JO v ·a6ect Wd 6t : Lt : t0 Zt0Z/0£/f/0 S3l! L0'11zes

i Owner s of P r operty

I J P roperty-Legal Addres s j Zone

1 Factor per X Mile

Ac reage over -4 -0--Ex-is_f_in _g _H_o_u _se-s - -�J!

-o

Rf-ig -ht-·· r .

TPo

otin

at

l ac res-one po int per 40 ac res up to 160 Access

ac res for the first 40

· All ocat ion Percentage

Un pa1a Bala nce Plus 2%

Interest Per A n num ac res is valued at "O"

!-:R"'ic"h-a -rd-o- "M"'a-r -se" ll:-,-"ca::-c rlc-cM::---. -t-.1-::3c: 60::- 6::-:R;-o-a"d""1:::-8,-c:C"o"rt -e -z,·-:::c -=o -, -:-:--:···--·.:--_.�,.,.in-

t 'h·e-f-1--+=..1 =====;_;;.--t-

o=----- ---

1r:1---'"

, - 3 ---79-7-67-- 1·=$5,.=ns--:--:.50-! Marsell, Muriel T. Gregory, north 1/2 of SE 1/4 S.3, T.36N., R.17W., I 11 !:, i Trustee, Gregory A. Dillon i N.M.P.M. consisting of 80 acres, more or less I i and David R. Dillon 1 . • ExhiJ!i�-"�2·,..· -,-----·-+--:---

Lorna Gail Ladage 13002 Road 18, Cortez, CO, situated in the 2 11 south \12 of the SE 1/4 S.3, T.36N., R.17W., Exhibit "3" · N.M.P.M. consisting of 55 acres, more or less;

i and,

1 1 1 5 11.6279 $9,630.90

Property located at 13260 Road 18, Cortez, CO, situated in the south \12 of the SE 1/4 S. 3, T.36N., R.17W., N.M.P.M. consisting of 25 acres, more or less;

"P""o-e--=F" a -m"i l'"y -"'P -art...,..ne-rs--:- h:-ip -,-t-'1C::2c::8-:: 0-:-0-:R�o -a�d�1" 8�,�Co�rt-e -z,-C"'oc---, sit_u _a -ted-·iinnlttilh€elNliiE§i�4i-l33 ____ ...... --1c)--·----111-1 .. ,33--[.ii1s�.66i0Ji4j77-1�<$1s1'Ai9.4•:S0·

LLLP 1/4 S.10, T.36N., R.17W., N.M.P.M. consisting Exhibit"4"

Eagles Nest Partnership, LLP North 160 Ac. Exhibit "Sa and Sb"

o' 160 acres, more or less 1 1 4 9.3023 $7,704.70 12501 Road 18, Cortez, CO, situated in tl1e 2

NWl/4 S.10, T.36N., R.17W., N.M.P.M. consisting of 160 acres, more or less

-------+-----+------- --+---· ..... ·-----+---+---.... +-----+-----13003 Road 17.9, Cortez, CO, a tract of land 4 3 o 1 8 18.6047 $15,409.48 Eagles Nest Partnership,

LLP South 160 Ac '

situated in the SWl/4 of 5.3, T.36N., R.17W., N.M.P.M. consisting of 53.40 acres, more or

Exhibit "Sa and Sb" less 1 ....:c:==-+-+-+c c.... ____ ..==· ----------------f----+--------+-------- --+-----!-+--+- - -- 1 Charles L. & Daisy T. i 12480 Road !8, Cortez, CO, situated in the 4 3 1 1 9 20.9302 i $17,335.60 Mahaffey Trust SWl/4 S.10, T.36N., R.17W., N.M.P.M. I Exhibit"6" consisting of 160 acres, more or less, and I

situated in the Nl/2 NW 1/4 S.15, T.36N., '

R.17W., N.M.P.M. consisting of 80 acres, more or less "7--..,......"""--:,------t-'-::-":::::'-c-...,.....,.....,..--,-,.--""7'- -..,....-+---+· --------+--------+rc-----r ---+-----+,-,-----Morgan Lee Allsup 12497 Road 18, O:irtez, CO, situated in the SW 4 o , 1 l 6 13.9535 $11,557.09

Exhibit"7" 1/4NE1/4 S.9, T.36N., R.17W., N.M.P.M. I' consisting of 40 acres, more or less ----------�-----� ... ---� .. -� -100%

"'1:::.h-:--ism-ea _s _u -re_m _e_n _t7is -m-ad-o-ei"n-a -sc -e-n"d""in _g _v_a"lu -e"f-ro-m-:cN -o -rt�h·-to-:-So-u -t"h-. A-p r_o_p _e _rty_

w..,..it-:-h-:f:-ro-n -ta_g_e_o_n"'R:-o-a"d-1"8..,..ls_m_

o_re-t-:-h-an-on_e_2_o_n _e-:-is_a_s .. si"g_n.e ... d"'tcch-e -z-on _e_ f"u -rt7h-e"st"t-o·-:t;-he�N:-:o-rth.

'I The Milagro Trust Property does not front on Road 18 but will take access through the Schott property. Properties separated from access to Road 18 by a property fronting on Road 18 through which access will be are treated as a single property for purposes of assessment. 2J The actual net acreage to be included in the Road 18 LID is 53 acres due to the existence of alternative access rights for the remainder of the 160 acres but less than BO acres in size due to the existence of alternative access rights for the remainder of the 160 acre parcel. This property/ ··eated as greater than 40 acres but less than 80 acres in size due 'he existence of alternative access rights for the remainder of th• '?acre parcel.

EXHIBIT "1"

582407 RES 04/30/2012 01:17:19 PM Page: 5 of 27 R 0.00 D 0.00 T 0.00 Carol Tullis Clerk/Recorder, Monte�uma County, Co 1111 i\l".i.,:n1111,�!ll'li lifo1�1't�.1RA�rl\s:'�!W.lrt� �11i 11111 11!

----�··----------------------�--------------

\ JAi\,\\ 1 l 199ll

RECORoror.r 3 :"lo ntLOCK P'·'----

mi.P!IDR Ila =:::r 3 g 15 ��Mfr tiEClillfl!ll :.llllllEZ�MA co. CClll

PERSONAL REPRESENTATIVE'S DEED

sme OOCi!l.!fHTARY FEE Dm MAR 1 I i9!P<_ s .e� TGTAl 00�£18El!ATI().� -·

, 1994, between

GREGORY A. DILLON, as Personal Representative of the Estate of INA LORRAINE DILLON, a/k/a LORRAINE DILLON, Deceased, Granter,

to GREGORY A. DILLON and DAVID R. DILLON, 575 Meadowlark Ln., Grand Junction, CO 81503, Grantees, as tenants in common.

WHEREAS, Grantor was duly appointed Personal Representative of said Estate by the District Cow:t in and for the County of MontezUllla, State of Colorado, case No. 93 PR 24 on June 15, 1993. The Grantee is not the spouse, agent or attorney of the Personal Representative or any corporation or trust in which the Personal Reprebentative has a beneficial interest.

THEREFORE, for the consideration of Ten dollars and other Good and Valuable Consideration to the said party of the first part i n hand paid by the said party of the second part, the receipt whereof is hereby confessed and ackhowledqed, has granted, bargained, :;old and conveyed, and by these presents does qrant, bargain, sell, convey and confirm unto the said party of the second part, their heirs and assigns forever, all of the following real property, lying and being in the County of Montezuma and State of Colorado, to-wit:

A tract of land in the SW/4SW/4, Section 18, T.36N., R.15W., N.M.P.M., described by metes and bounds as follows: Beginning at a point on the East R.o.w. line of Colorado Highway No. 145 as now constructed, from which point the southwest corner of Section 18, T.36H., R.15W., N .M.P.M., bears s. 02°17'W. 1, 307. 8 feet; thence N.00°05'E. along said East R.o.w. line, 208.0 feet; thence N.89°22'E., 2os.o feet; thence s.00•05•w., 208.0 feet; thence s.89°22'W., 208,0 feet to the point of beginninq. TOGETHER WITH an appurtenant easement, and not an easement in qross, as a means of ingress and egress to the dominant estate he:t"etofore above described, and described by metes and bounds an follows: Beqinninq at a point on the East R.o.w. line of Colorado Highway No, 145 as now constructed, from which point the Southwest Corner of Section 18, T. 36 N., R. 15 W., N.M.P.M., bears S.02°27'W., 1,213.0 feet; thence N.00°05'E. along said East R.o.w. line 53.6 feet; thence N.22°00'E., 44.6 feet to the south line of the above described tract of land; thence N.89°22'E. alonq said South line, 21.1 feet; thence s.22°001w., 102.6 feet to the point of beqinning.

•

AND

An undivided one-third intereot in and to the N/2SE/4 Section 3 , Township .36 North, Range 17 West, N . M . P . M . , Montezuma County , Colorado .

TOGETHER with all and s ingular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders , rents , issues and profits thereof ; and all the estate, right , title, interest , claim and demand whatsoever of the said party of the first part , either in law or equity, of , in an� to the above bargained premises, with the hereditaments and appurtenances .

TO HAVE AND TO HOLD the said premises above bal.·9ained and described , with the appurtenances, unto the said party of the second part , their heirs and assigns forever . The prem:ses are free and clear from a l l former and other gr�nts , bargains , sales , liens , taxes , assessments and encumbrances of whateVt'•r kind or nature soever , EXCEPT those visible or of record .

The singular number shall include the plural , the plural the singular , and the use of any gender shall be applicable to a l l genders .

ST�TE OF COLORADO

county of Mesa

) ) ss . )

.;;.. The foregoing instrument was acknowledged before me this I 0 -

day of '.:fY\@:X<f�"7" , 19 9 4 , by Gregory A . Dil lon as Personal Representative of the Estate of Ina Lorraine Oillon , a/k/a Lorrain*"

• Hl l l l lflf11 ;)illon, Deceased . ··"'' , . , 1_ '""-

WITNESS my hand and official sea l . I My Commission expires :

r.· ... Gommission expires Decemoor 26, 1997

r 582407 RES 04/30/2012 01 · 17 · 19 PH Page: 7 of 27 R 0 . 00 0 0 00 T 0

'00 Caro�

•Tu!l i s C lerk /Record�r , Moniezuma County Co 1111 �11.i. �:ti111al, :l\t'r: lllf ll¥Llnrt.r.irit.M1' ttritlrilt.�'� 11 If I

� � JO o'cl<Q. -.::fl.. M . ---�O�E.-C_2 8 1111 � ll•f !il �-. _ _..1,.El..,M._..fi'!'J!!Wf!!!!!',,_. ____ ilo<:crd«.

WAR.llANTY DEED

THIS DEED. MMk .w. / 7 ,;. 4 ""' "' ..(,f <• . I� ""-" CARL GREGORY

• 19 '/t*:> .

01 ""califocnia Count., or . Scllt' otl(I tra;111tMor(¥t ad CARL GRBQJRY and MURIEL T. �. as trustees of the

· Gcegocy Revocable Intec Vivo.s Trust dated October: 26, 1990.

6550 Lesley Col.let, "9aua

Cou."'!tyof Butte

WlTNE.SSEnl. Thal tlw grantor(tl. P. and m � ortht sum or----Ten dol lars and othec good and valuable considecation--·---- DOLLARS .

the tfi"CIJlf and sufficiency nf -titch t11 11.ettby ..ck.ncNotkd,.cd. M,s

biitgam, ..eU. c-�MI:�. and confirm . umo the grantccis>. their 1! any. si!Wlk, lying and being in the -----

dc:Knbcd 1 .. foflows.

gnnlcd.�.� Mdcoow:yed.lUJd bythe1epn;..ents,do es grant. heirs omd &"ls.iJrn �. al! the re;if J)n'lpeft}'- togcthn •.idth in-�s.

COWlty <>f Montezuma . Sode of Colorado,

An undilided one-thicd ( 1/3) intecest in and to the following ceal pcoperty, to-wit:

N!iSE:!; of Section 3, Tololn.ship 36 Nocth, Range 17 West, N.H.P.M.

TOGETHER '#t1lh all and "-•niuLn 1h- ben:dit:i�nh and arPU:natanccr. Jbcfl:1() �(',Ing. v< in. anywi'l>C appenai:nirtt:. and the n:'llCfloion w.:I rt'Vt'O.IOfllo, rc1n.aindcc- and renWl'ldcr�. renb. i-.sue; and proti1r. d.ereot: ;md aU the C'>fllit. right, liJle. 1�1. tb.im and diem.and w�r of the grant"'" !I.), either 1n lillY> ix equity. of. m .tnd to the Jllboivt: bmpincd �mi� with the hcroiituntnu and appune�. ' i

TO HAVE J\ND T•> H(>l.D 1hc: lo.3id premao :i�'t barg�nt::d Htl ck:i;crincJ with fhe appunen.atKC$, umo the granlCC'!s:1.. their heirs and �go"' t\tt=".�L And the �!"Mlltlf1ll. Kir him '\t'I f J hi5 bein and pcr.1.xW f\:'(lfCM:IQtiw;,. do E!S CO"Jenfi.gnart.. bargain. ar.d aglft' tu :tnd w1ththc granttt!r.;. their hemJllHd m.!>ip1,, that at the time ofthecns.eiilini anddtli� of�prctoem:">. he is \lll'e!i \.C'Jlcd of th<: prrmi�i. a�-c COl'lve).:J. ha S go•xi. uut:, ;crfcct. abllnhttc' aud indekuibk c"t111te of inherit11noce, ln law, i:n (CC' !iimpk, and

tu..S goodn_cht. fvH � r aru! .olhonty to sram. barJaio, seU 1ndctwn-ey theuznc1n manner and futm as ��.and tba1: !heume� free .md dt-M from all k.tmef .Md other �rant• •. barp.i'"· �k�. l�"· l:i.lC'lo. aMit:\Mucn1'-, �™:u�s,. »ld re!JJ.ra.'liions of w� tind ur itslurc socYCr.

Clllt.�Cp(

T� gQfttMs) sh&ll andwi:i \\'ARRANT ANDfUftEVER OE.fENO lhcabcm:·bi1rp.iited ptetillict. in the quiet and peaceable pos"'"� of the: gr11ntec{�J. their hi:t: hcin.md tt5Sips. agaim« alt andew:ty pcnon or penons 1,...tv.11 .. da:iming me .. hole .xmyp:ui t't1ctmf.

ll'I! WITNESS WHERE<lf: the Jrantof'<*h.a S euculCd lhts deed on the dale set forth �

' SJ!< 1 1 , !7tv C? ��......, / C1IRL GREO:mY � Q

i CALIFOllNIA

: , The f'uft:t:Olltj; 1nMrvmcnt •'WS ackncM � beforc me tha 1 7 . 19 ,, 0 by Ca.cl Gcegocy Mv commiulorr e1i:1::Hres :J _ ,1 I - Q 1

, ; ! ,

I '

DICJ!'.O.t:Nr P"trJl!SONAL ,

DATA

Carl 4, ftAClf

Caucasian

I tn. MllOl.I

I I

CERTIFICATE OF DEATH flTATI! OP CALIFORNIA

UB lit.ACK IKK OHt..Y te- u.n ,.,...,l'I

Gregory :IA, OAT'& 04'" D'l:ATM-MO. PAY. Yit1:.ttt. HO<M S IH.X

Jul 2 1 , 1992 1 204 1 M 0. OA;flll OJ< tllR'JH-MO, OAY. Y• 7. "(Ml! JN

Ti!!Al'l!S j f!IQHrn. I l'AY• I J anuary 1 7 , 1920 72

•. c� OF W»A'f COV>m!Y

'Hnt, !JTAnl O'f l tA. FlJl.L MAlOll:'fiNA.Mi!! 01" MOTH£1'1! ""'™

i TX Ina Caviness 1 t i e. :n.i,u °'

"'"" ; NC USA

Hl Al TO t•A.5

Carl Gregory 1*' 3oeW., � NQ. 14. MMwf,1.1. ltfAWS

523-09-6789 I Married Muriel Hofve l teo \,l,tl.IM. t(ff) Oii" lkl-U : IOC. Ulll\IAI. �- t H!ID. YUIU M

M IHDUilTln I ()(;;iCW#l"10ff Su ervisor ! Trans ortat io_n __ _J.�_A_E_x�r_e_a_s ___ �• �3�1�--��1_2 ____ �-------i�,-.... �. •.,-,-_.,--,---.._------.,--,--�.,.--U><A-�,,..----·· 1 t ... cm :1ec. 11P�

OP

TOON

CDAO:tll\!WS us•

ONL'i

,.IJHl!l'l'At.. DOOICTOA

ANO

,_"6�5�5�0_L�e-•�1_e�y_C __ o_u_rt ___ �----- L Magal1a : 959�_ tfl(), Cou.«"t l 111!. � cc:..!n- , 1•1f. BrAr• °" � CO\ltffllY 20. �l��-IM-�� AOMl:Sll

Butte t9A. PU.C• Ofll DRATH

Feather River J!ospital

5974 Pentz Road

1 1 5 ' California Muriel Gregory - Wife 6550 Lesley Court Magalia, CA 95956

1 1u C:ITY

: Paradise

End_�e emphysema

PUii TO ""

Dr . iParadise , Ca 2SA. 9MIHAJ\,N QIO Tmi Oii COltoNn Olll � C.OflONCll l tlftll, OAT« �O

:U"-' �mo.-ti-.!lf : :1-lllL f't.AC• Of' fl'lm.I. CIWi :SI 11.U.W ND � 1 Chapel of the Chimes ,

CR �JI_ 1 Oakland. CA :i&A. MAwd ot0 � catlCTOlll IOR Kllll:OK AC11t'fl .U .IUCtt; 3Ml. UCl!NR NO.

1 '

l 3!Hll. LIC?:NSE -

I ktJMl'ttiA I

_•_•_�_._'"-'-"-r,fR�o�s�e_,,C�ha'°""e�lr..'M�o�r�t�u�a�reL-,;:;---·-':'-_8T9�9,__ __ ,_....,�.::.:.::...:...c::_.,,c.._::""-�:::!T;;.�'1l!il.J:L.I:f\J, ) flTA"T• A. a, C. 0. SUS Tl't<\CT -,----

ftlQttJTftAlll

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lie_ ... = - � IS � . ., ... !!-: *sW _ , , s lil-;TJS....._ �� SN � o os

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JJ 3E.r ,?· lllll b' =

RECORDING REQUESTED BY

A.NO WHEN f\ECOROEO MAil THlS DEED AND, UNLESS

OTHERWISE SHOWN BELOW. MAIL TAX STATEMENT TO:

, • 1111111111111111111111111111111�'''' Jll; 1111111111111 413528 111111/09/1997 81 : 38P 1 ot 1 R 8 . 1!!0 D 0 , 00 N 0.00 l'onllMl!Umn Cauniy, CC CITY, ST,'.TE Ii

ltl'COOi

Ttl\.t ORMJI NO. ______ tSCROW NO. · -----

SPACE ABOVE THIS l'NE FOR RECORDER'S USE �HJUA\\\\\\\\.�IA\��'\\��'\\\\\\\�/U.1111/Jl\\\\\\\\.�IA\��\\'t'W#'AW�'\\\\\\\�

DOCUMENTARY TRANSFER TAX $ QUITCLAIM DEED 0 computed on full value of propert�y�c�a=nv=e�y=ea�.-o-r __ _ D computed on full value less liens and

encumbrances remaining at time of sale.

Signature ol Dficlarant or Agent Determining Tax Firm Name

GERTRUDE Ml\RSEJJ,

!NAME OF GnA,..TEE.lS!l the following d"scribed real property in the City of _ _;;C:..O=

R:.:T�.E=Z=------- · County of MONTEZUMA State of CO

1 3 6 0 6 ROAD 18

1 / 3 INTEREST : N l / 2 S E1 / 4 3 - 3 6 - 1 7

B OA B 4 7 5 P 6 4 6 ALSO KNOWN B Y STREET AND NUMBER AS : RURAL LAND

TOGETHER WITH ALL THE GRANTOR ' S RIGHT AND TITLE IN ROYALTY INTEREST

OF THE MC ELMO DOME UN IT .

Assessor's parcel Nn. 5 6 1 3 - 0 3 4 - 00-0 1 3 -H2

Executed on ::S ""'-'- � , \<\ "'-'

ST A TE OF (_,,,,\ _:-\:"°"°' ._

COUNTY OF ;) W.. 0 c"-'1 "'

On Is- '-\.-"\"'\ before me, '\lc....v-1.. Ch..,v< 1- l'\. .,-t..,., (W.l.c '------·· !lolAMgnnu::,1.,..t ... tU DOE. OOTlll'l.'I' Pum.>e·1 personaily appeared G�r!r�"- IA'\w5i:-l\ personaHy

known to me tor proved to m& on the basis of satisfactory evidence} to be the person(s} whose namelsl is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same \n his/her/their authoriz.ed capacltyti.es), and that by his/her/their sign.ature(s� on the instrument the person!sl. or the entity upon behalf of whieh the personts) acted. exec\Jted the instrument.

WITNESS my hand and official seal.

RlGHT THUMBPRINT !Optiona!l

CAPACITY CLAIMED SY SIGNER(SI 0 tNOlVIDUAl{S) 0 CORPORATE

OFFICERtS) --�=---� rnnd1 0 PARTNERiS1 0LIM1TEO

OGENERAL 0: A TTOJ:JNEY IN FACT 0 TRUSTEEISI

0 GUAROIAN/CONSERVATOR 0 OTHER: -------

SIGNER ts REPRES.EffTINO; �··

1!'trune ol P�tSOO(S) CH Er11tvt1eS)

. .

582407 RES 04/30/2012 01 : 17 : 19 PM Page : 10 of 27 R 0 . 00 D 0 . 00 T 0 . 00 Carol Tul l is C lerk/Recorder , Montezuma County , Co

1111 rr·.i. ,1,,111.\ :1-J.M1<1:11« !rill,� .Mi 11� l'tllf �11& 11 111

565810 QCD 08/13/2009 1 1 : 09 : 09 An Page : I of 4 R 21 .00 D 0 . 00 T 21 . 00 Ce.rot Tul l l s C l erk/R•oorde� Montezuma Co.unt Ca

.. 1111 Wfi'.ii l'lll.11:\lilli'l""C M'll ll'id.l\il't lit lfi 144.�·\ ii ill

nus DEED is dated between

QlJITCI,AIM DEED

July 29'"

Richard L Marsell & Carl M Marsell (whether one. or more than one}, the uGrantor," of the *

County of and State of and

Richard L Marsell

, 20 og, and is made

1245 f'atomino Rd Fatlbrook CA 92028 (whether one1 or more than one), the {"Granteetn whose legal address. is

of lhe County of San Diego and State of

WITNESS, that the Grantor. for and in consideration of the sum of

DOLLARS. ($

California

1.00 ). the receipt and sufficiency of which is hereby acknowledged, does hereby remise. release. sell and QUITCLAlM unto the Grantee and the Grantee's heirs and assigns, forever, all the right, title, interest. claim l:llld demand which the Gr.t.ntor has in and to the real property. together with any improvements thereon, located in the Collnty of

Montezuma aod State of Colorado. described as follows:

1/6 Interest

N Y, SE 4Sec 3 T36N R17W 80 Ac

Also: Respective Royalty payment from Kinder Morgan C02 Company L P, 500 Dallas, Suite 1000

Houston, TX 77002 I i

13606 (Guess) Road 18 J also known by street address as:

and assessor's schedule or parcel number: 561303400013 ji TO HAVE AND TO HOLD the same, logether with al! and singular llte appurtenances and privileges thereunto belonging,

or in anywise thereunto appertaining. and all the estate� right. title, interest and claim whatsoever of the Grantor, either in law j: or equity, to the only proper use, benefit and behoof of the Grantee, and the Grantee's heirs and assigns, forever.

:J IN WITNESS WHEREOF, the Orantor has executed this deed on the dale set fotth above. I I

565810 QCD 08/ 13/2009 1 1 : 09 : 09 RM Page : 2 of 4 R 21 . 00 0 8 . 00 T 21 .00 Caro l Tul lis Clerk/Recorder . ttonl•zuma County Co

1111 Iii .i. i'Ll.ll:Jill!Mlltll K\tiii 1¥\i!Hilii IN:Z M'i ii Iii

STATE OF COLORADO

} County of ffYl<9f;6ae ss;t:}u

The foregoing lnstrument was acknowledged before me this� q day of ()., .L� by � rm. � r- r; \Vitness: my hand and official seal. CJ My commission expires: � c;l,, aro -,

Marilyn J. Marnell 971 Herring Circle Craig, Colorado 81625-1429

Name and Addr¢.S$" of Person Ct�ng Newly Created l.egal Description {§ 38-35-106.5.

, 20 0CJ

. . '

UFORNIA

c·ount:- of

The foregoing insirnment \\':t'> ackno by

Witness n1y hand and offit.·ial .i;,eal �� commi5sloo C\ptre•r

582407 RES 04/30/2012 01 : 17 : 19 PM Page : 12 of 27 R 0 . 00 0 0 . 00 T 0 . 00 Carol Tul l i s Clerk/Recorder , Montezuma County , Co

1111 w.,�i.111.\�kiUKll'll�l,!t\iUW I�� 1111r.�·� II Ill

4 1111 * I I \ldNllClllVl I ' I Ii 111114 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

State of California

County of _:5:;;ch D i <Efj O

On � I a I �00'} before me. o ...

personally appeared �.t:d

• ANDREA M. KOROYAK

Commt111lon ii 1827430 :f Notary Public - Ca!Uomta

S•n Di•uo Caunly -M Comm. Ex res Ott 19. 2012

}

who proved to me on the basis of §iiltisfactory evidence to be the person(.lll whose namei85 Gs/are subscnbed to the �hin instrument and acknowledged to me that �he/they executed the sa e in (!!§}her/their authorized

capacity�, and that by i er/their signatur� on \he instrument the perso • or the enti!y upon behalf of which the perso� acted, executed the instrument

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct


Signature�'"'h -Wt9-1J?b � Signature c'.' Notary Puti'c

�� OPTIONAL��

Though the information below is not required by law, it may prove valuable ro persons relying on the document and could prevent fraudulent removal and reattachment of thiS form to another document.

Description of Attached Document

Title or Type of Document; llu:.±.. U_� M D« J Document Date: _::Jj__f).g /;;J..ooq . Number of Pages: --�--·-· .. --.. --Signer(s) Other Than Named Above: --·--·--- -----

Capacity(les) Claimed by Signer(s)

Signer's Name: -------------

0 Individual

0 Corporate Officer - Title(s):

D Partner - 0 Limited D General 1-liZIC:ZJtlilJ ,_,_,_;;us

Signer's

D Individual

0 CofjJorate Officer - Tifte(s): - · -.. -.. 0 Partner - CJ Limited n GP.nPr::l f

, . .. - ·

. . ...

'

I I

582407 RES 04/30/2012 01 : 17 : 19 PM

· 14 of 27 R 0 . 00 D 0 . 00 T 0 . 00 �agei Tul l is Clerk/Recorder , Montezuma County , Co

illi°w. �i,,l'•'l�nl'.i!i� !IN.I� �1.rw.1111.11t1��·� 111111

56581 1 QCD 08/13/2009 1 1 : 09 : 09 Al'I Page · 1 of 4 R 21 . 00 D 0 , 00 T 21 .00

C c o i lul l i C lerk/Recorder 1 nontezu"a Coun�Yi o Ml MP 1 jij!( ,,iiiAiiij ,IMll.li'tlWd 14(14 ,ih'C Mr• M i I Ill

TIIlS DEED is dated

between

QUITCLAIM DEED

July 29•h

Richard L Marsell & Carl M Marsell (whether one. or more than one) , the HGrantor;" of tile *

County of and State of

and Carl M Marsell

, 20 09, and is made

971 Herring Circle Craig. CO 81625-1429 (whether one, or more than one), the "Grantee," whose legal address is

of the County of Moffat and State of I J, Colorado

'I

).

11 the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, seU and QUITCLAIM unto the

WITNESS. that the Grantor, for and in consideration of the sum of 1.00 JX)LLARS, ($

Grantee and the Grantee's heirs and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in 11, and l<> the real property, together with any improvements thereon, located in !he County of Montezuma and State of Colorado, described as follows:

1/6 Interest

N )'; SE4Sec 3 T36N R17W 80 Ac

Also: Respective Royalty payment from Kinder Morgan C02 Company L P, 500 Dallas, Suite 1000

I Houston, TX 77002

I !1 11_1 '1 13606 {Guess) Road 18

also known by street address as:

and assessor's schedule or parcel number: 561303400013 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, 'i

or in anywise thereunto appertaining, and aU the estate, right, title, interest and claim whatsoever of rhe Grantor, either in law j or equity1 to the only proper use, benefit and behoof of the Grantee, and the Grantee's heirs and assigns, forever. IN WITNESS WHEREOF, the Grantor has executed·this deed on the date set forth above.

,..,, /1 ""<--. ""'-

- .

. . . .

582407 RES 04/30/2012 01 : 17 : 19 PM Page : 15 of 27 R 0 .00 D 0 . 00 T 0 . 00 Carol Tul l is C l erk/Recorder , Montezuma County , Co

1111 lr.i. �i�·.l'11a\��11,itl\Vh.�1tllflj, lll!\,11'1�ll•!,Mll.m11.l. II II I

STATE OF COLORADO

} fYY) r::,./_.,/n /-: SS. Counly of • , r """(}� · Uu

� The foregoing instrument was ac��;:/ �f� ,.m!li �' /).q day of

by C,,.(iAL rrY\. . t I f � Witness my hand and offi�s�•!·n_ My commission expires: ��

Manlyn l Marsell

. 20 09

,. -·� l ! r · . 971 Herring Circle 1 . • • · • • • . . . . . · ,. Craig, Colorado 81625- 1429 . · • •'" � ·. ' .;;

��--�� -c:��.,-,,��-�..:....;;_, ....... :,.;_�· �c;....... . . Na.me and Address nf Person Creating Newly Created t,Cgal Oescrip1ion (� -38�35�!06,5. C.R,S.) ·- ' _1 ". ., ... .:: .! ' - : ": • ... : , : J, - : ()

... . .

STATE

The foregoing instrument \.\.'a." ac� ov.Iedge.d before nK' thi;; hy

Wnnc�s my hand and offktal se;tl M:r commiss10n exptr�s.

Marilyn J. Marsell 971 Herring Circle Craig, Colorado 8 1 625· l 429

565811 QCD 08/13/2009 1 1 : 09 : 09 AM Page : 3 of 4 R 21 .00 D 0.00 T 21 .80 Carol Tul l is Clerk/Reeorder , MQnlezuma County , Co

iih ii'%11L\,fMMlll•,UNU.ili.UTltifitMllFJ'"Usi'.M'I ii Iii

�-.;ro�kh,T\dir��·;�rp�:;;;;-c;;;tin� �c-_;:h c. 1�tJ t<:f-:;J(};_::�::·;;�;;o-n-;Tis-if.��-.-�------·�---�··�-·

56581 1 QCD 08/ 13/2009 1 1 : 09 : 09 AM Page : A or 4 R 21 . 00 0 0 . 90 1 21 .00 Carol Tu l l is Clerk /Recorder , Montezt.Jma County, Co 1111rr.nn:t'a':llfll\•'1 :�11\IA fill wrw 11cM1& 111111

CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ��

State of California

_ } County of So n D '"":3 O

on . B f a /¢c.Jo9 before me, t9h4r-<.Gl.. /1-1 · ��a.Js"' nd±4 v,,, A.I.bf. ( Dale- Hem rnsett a Tille uf Ot!icer J I

personally appeared __Ei_c}iu_y-�. L . M a.\r.S.Q I' Neme!s} ol i1'Jel"{s)

ANORfA M. KOROVAK Commission # 1827430 No!ary Public • C1lilotnll z Sin Diego County � Comm. �1 Ires Dtc 19, 2012

who proved to me on the basis of satisfactory evidence to be the person� whose na�@:ire subscribed to the within instrument and ac�now�ged to me that @she/they executed the s e in (l!gherllheir authorized capacity�. and that by i er/their signature.(lll' on the instrument the person • or the entity upon behall ol which the person)Pf acted, executed the instrument

I certify under PENALTY OF PERJURY under the laws of the State ol California that the foregoing paragraph is true and correct


SignatureG-vu.J a e ,.,,__"th .5o/&4 ro.k,_,___ S!pture of Notary Potllic f ------------ OPTIONAL --------------

Though the information below is not required by law, it may prove valuable lo persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document

Description of Attached Document

Title or Type of Document: � '1± ( J � M t>eR c! Document Date; / /;;l. Cf /BOO 9 ···-- Number of Pages: _...,_ _____ _

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Slgner(s}

Signer's Name; D Individual O Corporate Officer -Tille(s);

D Partner - O Limited O General hli�iiE±Si I. . .

Signer's Name:_ ... _. ·-··--·· D Individual :::J Corporate Officer - Title(s); ---------0 Partner - n Limited n r,,mPr�I

�77G09 WD 07/08/2011 02:42 : 23 P" Page : 1 of � R 16,00 D iB.70 f 36,10 Ca�ol fullJ� Cle�k/Reec�der Mc"tc�Ul!lo County, Co llllllW?1llfl,!lvil111!1 IM l+lt!llH¥/L&id li\J, 1111\111111111

WARRANTY DEED

THIS DEED. Made lhts 1 5TH Day of JULY, 201 1 Bc>w<w RlCHARD L. SCHOTT AND MARY JANE V. SCHOTT AS TRUSTEES OF THE \!!LAGRO TRUST DATED SEPTEMBER 4, 2003

- ' of the County of I (t1V\".$ and Stale of TEXAS , grantor

and LORNA GAlL LADAGE

whose legal .addte$S 1s 5003 R:oad 203 Durango, CO 81301

of i.he County of IA Pl.ATA and State of COLORADO , grantee

WITNESBETH, That the grantor for Wld in consideration of the sum cf ·- . . TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSJDERAT!ON--... ------------DOLLARS

the receipt nnd sufficiency of which is hereby acknowledged, has gnintcd , bargained, sold and conveyed, and by these presents doi::s grant, bargain, sell, convey and confmn, unto the grantee, his heir!> and assigns forever, all th!'l nml property together With 1mprov.omcnts, ii nny, situate, lying nnd being in the Councy ofMootruruJ:na and State ufColore.dc described ns fellows;

SEE ATTACHEO EXHIBI'l' 1•At1

As known by street and number as; J 3260 Road 18 Cortez, CO 8 132 l

TOGETHER with all end singular the hercditaments and appurtenances thereto belonging, or ln anyv;,isc appertaining, and che reversion and reversions, remainder and retnninden1, Teots, issues and profit:> thereof, and al! the estute, right, titk, interest, claim and dcmend whatsoever of the grantor either in law or equity, of, ln and to the above bargamed premises, v.1i.th the h!!redita.ments and appurtcmmcl'!s,

TO HAVE ANO ro HOLD 1he .said premises ab(.JW; bsrgeined and de.scribed, vnth the app11rtenances, um:o t.'le grantee, his Jidrs and assigns forever, Ami the gra:nbn', for hims.elf, his heirs, and personal repre.sentatives, does covenant, grant, bargain, and ngn•:e to and with lhc grantee, bis hein.; and assigns, that at the time of the ensealing and delivery of these present$, he is well st:iud of the premises itbove conveyed, Ms good, sure, perfect,. absolu� and indefeasible es.llttc of inheritance, in taw, i.n fee Slmple, and has good right, full puWer nnd iawful authority to grant, bnrgttin, sell and convey the Mme in manneJ" and form as Afhre.said, and thnt the s!lJne ate free and dear from ali fnrmr.r and oL"'.er grants, bargains, sale�, Hr.ns, raxes, assessments, e::u:umhmnces and restrictim1s of whateuer klnd or nature so cuer, except: Subject tn easements, lights of way, restrictions and re.!lervations of record; n.11 cil, gas, coal and other tnineral rights that have been reserved or conveyed by predecessors in title and any assignments therecf; inclusions of the property within Any special taxing district; building tJ.lld zoning regulations; 2011 taxes due and payabfo in the year 2012; those specifically described rights of third p!ll'ti.es not shown by tht: public records of which Grantee :tias actual knowledge .and whlch were accepted by Grantee; and any other matters refiecti:d by the Title Documents accc:ptcd by Grantee in accordance wit!; Subsection 8 of the Real Estate Contract. The grantor shall and will WARRANT AND FOREVER DEFE.ND the abmie·batgalned i;remises in the quiet and peaceabk p::msession of the gtarttt"e, his hei..rs and assigns, against ell and evecy person or pc:r:sons lawfully daimmg i.he whole er any part tl:ereof. The singular number shall tnc!ude the plural, the plural the singular, and the use of any gender shal: be applicable to fill genderi;

RICH C

s exocuted lliis deed on the dnte set forth above.

111�9w.11 ;J S-�·

The foregoing mstrument was acknowledged before me this f � Da.y of JULY, 20 1 1

TOBIN L fl!l!RACICI No'.81\1 Public

STATE OFTEXAS My Ccf'nm, Exp. 00-04-14

By. RICHARD L. SCHOTT AND MARY JANE V. SCHOTT AS TRUSTEES O F THE MILAGRO TRUST

DATED SEPTEMBER 4, 20

My co.r.1mis1J1011 expires; w;tn� NOTARY

Ei:hibit Page l

=

EXHIBIT J>A" A tract of land which is the West25 acres of the S1/2SE1/4 of Section 3, Township 36 North, Range 1 7 Westr N.M.P.M .• being more particularly described as follows:

BEGINNING at the S114 Comer of said Section 3: THENCE North 01" 01' 35" West a distance of 1338.75 feet along the West llne of the SE1/4

of said SecUon 3 to the NW Corner of the S1/2SE1/4 of said Section 3i

AND

North 89" 39' 31" East a distance of 813.67 feet along the North fine of the S112SE1f4 of said Section 3i South 01"' 01' 35" East a distance of 1 338.21 feet to the South line of said Section 3; South 89" 37' 15" West a distance of 813,66 feet along the South line of said Settfon 3 to the point of beginning.

The S1/2SE1/4 or Section 3, Township 36 North, Range 17 West, N.M.P.M.

LESS ANO EXCEPT a tract of land which is the West 25 acres of the S1 /2SE1f4 of Section 3, Township 36 North, Range 17 West, N.M.P.M .• being more particularly described as follows:

BEGINNING at the 5114 Corner of said Section 3: THENCE North 01" C1' 35" West a distance of 1338.75 feet along the West line of the SE1/4

of said Section 3 to the NW Comer of the S1/2SE1/4 of said Section 3; North 69" 39• 31" East a distance of 813.67 feet aJong the North line of the S1/2SE1/4 of said Section 3; South 01" 01' 35" East a distance of 1338.21 feet to the South tine of $aid Section 3; South 89<' 37' 15'1 West a distance of 813.66 feet along the South line of said Section 3 to the point of beginning,

!Exhibit Page 2

. . • 553696 WD 01/08/2008 02 : 55 : 02 PM Paga ; I of 1 R 6 . 00 D 41 . 60 T 47 .60

L)oc Ca�ol Tul l is Clerk/Recorder , Montezuma County , Co

• 1111 Ii PIC�n' 'h 'Vlrl 1M1MilfJrl.M11rif i 111� WARRANTY DEED

THIS DEED, Made this 7th day of January, 2008, between GREGORY D. BLACK AND ELLEN L. BLACK

of the County of MONTEZUMA

and POE FAMILY PARTNERSHIP, LLLP

whose legal address ia

of the

292 COTTONWOOD CR ROAD

DURANGO, CO 81301

County of LA PLATA

and State of CO!,ORADO

and State of Colorado

WlTNESSETH. That the grantor fut and in consideration of the sum of

, grantor

• grantee

------TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION------ DOLLARS the Teceipt and sufficiency of which is hereby acknowledged, has gr-anted, bargained, sold and conveyed, and by these presents does grant, bargain. sell. convey and confirm, unto the grantee, his heirs and assigns forever, all the reaJ property together with improvements, if any, situate, lying and being in the County of MONTEZUMA and State of Colorado described as. follows;

The NEI /4 of Section 10, Township 36 North, Range 17 West, N.M.P.M., LESS AND EXCEPT that portion lying in and being used as a County Road.

EXCEPTING AND RESERVING unto the Grantors herein, their heirs and/or assigns all minerals of every kind and description including, but not limited to coal, C02, oil, gas and other minerals lying in, on or under or that may be produced from the lands herein granted. Together with the right at any time to enter upon the land and prospect for, mine and remove the same.

582407 RES 04/30/2012 0 1 : 17 : 19 PM Page · 20 of 27 R 0 . 00 0 0 . 00 T 0 . 00 Car o i Tu l l is Clerk /Recorder , Montezuma County , Co

11111 1#'.i. �1�.1111.\ �IJl�l'fttl\IT ,111)1 ,(Wil !lltil IHll.1¥Jt ™"' 111 1 1 1

a s knov."O by street and number as: 12800(G) Road 18 CORTEZ, CO 81321

TOGETHER. with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper-taining, and the reversion and revers.ions. remainder and remainders, rents, issues and profits thereof, and all the estate1 right> title. interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.

TO HA'VE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant1 grant. bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents. he is well seized of the premises above conveyed, has good, sure. perfect, absolute fllld indefeasible estate of inheritance, in law, in fee simple, and has good right� full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants. bargains, sales� liens, tax.es, assessments, encumbrances and restrictions of whatever kind or nature soever, except Subject to easements, rights of way, restrictions and reservations of record; all oil, gas, coal and other mineral rights that have been r.eserved or conveyed by predecessors in title and any assignments thereofj inclusions of the property within any special taxing district; building and z:oning regulations; 2008 taxes due and payable in the year 2009; thooo specifically described righb of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by Grantee; and any other matters refiected by the Title Doeuments accepted by Grantee: in accordance with Subsection B{� of the Real Estate Contract.

The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premise• in the quieJ; and peaceable possession of Ute grantee� his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof The singular number shall include the plural, Ute plural Ute singular. and the use of any gender shall be applicable to all genders. /��-;JI � ·-� >u=°""' �. � - � M• � - -·

aefo .Rio. f3L�CK�. ). �_;_f {' ( 'YI... ·.J\ .;;I/: a..C �

' ELLEN L. BLACK

STATE OF COLORADO

COLORADO LAND TITLE CD. 631 E. Main

Cortez, CO 81321 , (910) S64·977ll

Recorded .� 111111111111111111 1111 111111 llll lllllll Ill lllll llll lllls 496198 06/12/2001 1 1 : 04A QcD Evie Ri tlhal er , 1 of 1 R 5 . 00 D 0 . 00 Montezuma County , CO

QUITCLAIM DEED

------ Recorder.

TlllS DEED, M•de on JUNE 1 2 , 2001 between

JOHN E. TliOMPSON

oflhe •county of MONTEZUMA and State or Colorado. grantor(s). and

El)GLES NEST PARTNER-5HIP, LLP, A COWRl!DO LIMITED LIABILITY

PARTNERSHIP

whcsc legal address L'S

of the County of MONTEZUMA an<l Stateuf Colorado. gnnuee(s}.

WITNESSETil, That the graotor(s), for aod lo consideration of lhe sum of TEN DOLLARS AND OTHER GOOD AND

VALUABLE CONSIDERATION ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - � - - - - - - - - - -- - - - -

the receipt and sufficiency of which is hereby acknowl�dged, liaS reJ!!lsed, released, sold -am.I QUITCLAiMED, aod by these presenu: do e S rcmise. rele�se, sell and QUITCLAIM unto the grantec(s), the ir heirs, successors an<J assigns. forever, all lhe right. title. interest, claim and dcmanU which the grantor(s) h's in and to the real property, ttlgether with impro..,ements, if any • . dtuate. lyin& and being in the County ofMONTE z UMJ\

:ind Stll(e or Colorado, described as roUows:

TRACT I

S l / 2 SW1/4 of S ec tion 3 , Township 3 6 North, Range 17 Wes t , N . M . P . M .

LESS AND EXCBPT the Nl/2SW1/4SW1/4 o f said Section 3 .

TRACT I I

Nl/2SW1/4 o f Section 3 , Township 3 6 North, Range 17 west, N . M . P .M.

LESS AND EXCEPT the Sl/2NW1/ 4SW1/4 of said Section 3 .

TRACT III

NWl /4 of Section 10 , Township 36 Nor th, Range 17 Wes t , N . M . P . M .

also known by street and number a!!.:

TO llA VE AND TO HOLD the same, lt>�ther with en and singular the appunenances and priveieges theteunto belonging or in anywise thereunto appertalningt end all the '3tatc, d¥ii �tll•fnti:resr. and claim what:iacvert of IDe granlOr(s), �ither iR Jaw ur equity, to Ute only proper use, benefit and hehoof of the gtantee(!} • helr.s and .asslgm fore'ller, ·

, lNWl OF, The gnunor(s) ha S ex.ecuted this deed on the dale rct forth above. �. \

STATE OF COLORADO

county or MONTEZUMA The foregoing instrument was acknowledged hr.fore me on

by JOHN E . THOMPSON

.,

} ...

582407 RES 04/30/2012 01 : 17 : 19 PM Page : Zl of 27 R 0 . 00 D 0 . 00 T 0 . 00 Carol Tu ll is Clerk/Recorder , MontezuMa County , Co

11111 w.��,111.\�p�dr�H1111.111v.rrr1.�� 1tL�1•�·� 1111 11 1 "

Recorded a?� 11111111111111111111111111111111111111 m lllll llll lllf-Ro<ept!on � 496199 06/1212001 1 1 : 05A QCD Ev i e Rit.lhale.- ,

1 of 1 R 5 . 00 D 0 . 00 Montezuma Counly , CO

QUITCLAIM DEED

THIS DEED, Made on JUNE 1 2 , 2001 betw�n EAGLES NEST DEVELOPMENT, LLP, A COLORADO LIMITED

PARTNERSHIP MORE CORRECTLY KNOWN AS EAGLES NEST PARTNERSHIP

LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP

of the •County uf MONTEZUMA Colorado. grantor(s)y and

and St.ate ()f

El'l;GLES NEST PARTNERSHIP, LLP, A COI,QRADO I.IMITED I,IABILITY

PARTNERSHIP

whose legal addres!I is

Recorder.

of the County of MONTEZUMA and State of Colorado, gtnnu:::e(s"),

WJTNESSEm1 That the grantor(s}, fur and in considerati<Jn or the stlm or TEN DOI.LARS AND OTHER GOOD AND

VALUABLE CONSIDERATION --- ----------------------�--------- - - - - - - - - -- - -- -

the receipt and sufficiency of which is hereby acknowledged, ha s rctrtlsed, rekased, s-old and QUITCLAIMED, a:nd by lhese presents do IS remlse. rel�ase, seU and QUITCt..A1M unto lhe gr.!:ntee(s), thei lheiH. suceesl\ors and assigns, forever, all the right. title, intere-St, claim and demand which the gnntor(s) ha s in and to the real property. together with Improvements, if any. situate, lyillg llnd belflg in the Cuunty of MONTEZUMA and Stat!!' ofC"'..olorado. <.ll!'scrlbl!'d e:s fotlow."J:

S l / 2 SW 1 / 4 o f Section 3 , Township 36 North, Range 17 We s t , N . M . P . M .

LESS .AND EXCEPT the Nl/2SW1/4SW1/4 o f said Section 3 .

TRACT II

Nl/2 SW1 / 4 of Section 3 , Township 36 North, Range 17 Wes t , N . M . P . M .

LESS AND EXCEPT the Sl /2NW1 /4SW1/4· o f, said Section 3 .

TRACT I II

NWl/4 of Section 1 0 , Township 36 North, Range 17 We s t , N . M . P . M .

also known by street !Ind number a!:

TO HA VE A.ND TO HOLD the �me. together with aU and singuh.r tfie l!lppurtenarn:es and prlve1cges lhereunto be!onglng or in aoyWisc thereunto eppemlning,. 11.nd all the estate, dght, title� lnfercst. 11:nd chthn whauoC11er, or the gra:ltlor(s), either in Jaw or equlty, to the only proper

. . :use, benefit and behoof i>f the gntntee(s) THEIR heirs and assign!! forever. lN·W�ESfWllll��, Th� gtantor($) he s e�ccuted thi' deed on lhe: date set forth above.

--- · -----

=

· ------- · -------- ·----

STATE OF COLORADO

} "·

County of · MONTEZUMA

The foregoiag instrument was acknowledged before me on JUNE 12 r 2001 r

by EAGI.ES NEST DEVEI.OPMENT, LLP, A CODORADO LIMITED PARTNERSHIP MORE CORRECTLY

KNOWN AS EAGLES NEST PARTNERSHIP, LI.P, A COLORADO LIMITED LIABILITY PARTNERSHIP

BY JOHN E. THOMPSON, MANAGING GENERAL PARTNER u ... .............. ; .... t�- ---1--

I I =

�

l �-1 j' ·· ·· ;

��

1 ?, ! • I I �

� g

:f •

" § � � §

'·� J ,, i!� .� ;4 ' 1 i

iii 3 ;,c � --i I ,,.

«

J J . ' t

= � ii1

! i ! i i j I i I I \ I 1 1

I I

I I 1 1

1)

grnlll. hargttin. ,..iJ . .:onvc) .md nm1irm. unto the grnn�cl ,l. t.i�cthcr 11 ith improvcnu:nt,. ii' a:i; .. 'iluatc, lying am] hcing in the ;it1d Stlll<.: or Colow<lo. <.h:�.:rih1.'d ;1� follows:

� �· ,.,.1 f> .,....,�,. .... -� . , . r , , 1 � .•. · .1 , ...... �;

fir'"'7 1 � 8 BG0K J t 1 I i'.�Gf .1..

' · - · - �

i:ranlc<l. b.11g:1incd. '"hJ anti cmwc�cU :md by thc'c pn:,cnl� ,-,f,.1 I? hcir.� and a's1gn' ftircvcr. :J!l 1hc real prupcrl)',

Coumyof Afo,-;.lf� Z V/M" A-

. ,;,.-,. f.•ov /(! fti.:i.:. :,,, 5/,,../:;; �7{; . .o/'c , .... Th /r'hJ""c ; I ,? ?£A .. "� 1· 7""c· lv.,v >l1!:i .:J :.. /1,/,r/T/'f ;;·A.wy- e // ./VeSt-

(' c YTe e fe d :l 'ftl /J C >' < $ ./, e_ ;J A I

s/1<1 k; 5<cl10/t· ;, fo., .., -;,f11"' 3? facv7,{ tf'1"fa, /f// /j /V/N /tj 5ec he .v /� r,;,,,,;,(1 r 3 • ,t,,,d,f i?.4"':fe

also luiown by street and number as:

TOGETHER with all .and singul.ar lhe herediUlmCnts and appurtenances thereunlo bclooging, or in any wise appertaining. and the reYersion and reversions, remainder and remainders, rents, is.sues, and profits !hereof, and all lhc: estate. right, ill'elt:Sl, claim and demand whatsoew.r of the grantor(s), cithe1 in J;xw or equity. of, in and to lhc: above bargained premises, with lhe hcraliwncnts and appur.en:mces.

TO HAVE AND TO HOLD lhc saidpn:::miscs aboYc bargained ;md described, with the appuneBMCes Wllothe �s), heirs and assigns forever. And lhc: grantor(s), for tl's sci F 114" heirs. imd pcrsoRlll n:presenlll.l:i'\IC:S, do� S i:-cM:mmt, grant, bargain und agree to and with !he graniee(s), -f"Acr..(.. bein andessigns, !hill.at lhc: time oflhc: e:nsealing :rnd ck:Ji....ery oflhese pn:::scnts (3€.. / ,._. 'l _.,11 seiz.edofthe pn:::mises above eoo�. haS" good, sure, perfect. absolwc and iitdefeasibje estate of inheritance, in law, in fee �implc, and ha$ good right, full power :rnd 1-ru1 mutharicy to grant, bargain, :iell and con� ,1e·� in manner and focm as a{oresa.id, and that the same are fn::e and.cleat from all bmcr and Olbcr-grants, bargains, sale�. liens, taxes, as!iessment.s, encumbrances and restrictior,s of whalf'Yer kind or nature soever, �

I

"'

Tbegnmtor(s)shall and will WAR.RANT AND R>REVER. DEFEND lhc: lboYc·bargained premises in lhc: quiet and peaceable possession of lhe granlCC(s), part thereof.

heirs and asi;igns, against all and e'olCI)' person or pcnons. 1-tully claiming the wbok: oc any

executed lhis deed on the dii.t fi � wriuen above.

IL.:"; .. "'·� .. ... " ·,;:;,, .......

No. 36. •v.2-85. W�IUlANTI DEEP

STATE OF COLORADO, l nuu�_ '" Colorado county of �tezuma

i0or0677 rm 723 �ooi0677rm 119

WHEN RECORDED RETURN TO·

! .

2.

3 . 4 . 5 .

STATEMENT OF AUTHORITY

This Statement of Authority relates to an entity named ____________ _ Charles L. and Daisy T. Mahaffey Trust The type of entity is a D Corporation 0Non-Profit Corporation 0General Partnership OLimited Partnership OLimited Partnership Association 0Registered Limited Liability Partnership 0Registered Limited OUnincorporated Non-Profit Association QLiability Limited Partnership OJmited Liability Company 0Government, Governmental Subdivision or Agency []Business Trust �Trust OOther

The entity is formed under the laws of Colorado. The mailing address for the entity is 23289 Road X Lewis. Co. 81327 The name and position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is Charles L. Mahaffey and Daisv T. Mahaffey as

s

6. (optional) The authority of the foregoing person( s) to bind the entity D is not limited D is limited as follows:

7. (Optional) Other matters concerning the manner in which the entity deals with interest in real property:

8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-1 72, C.R.S.

County of Montezuma

The foregoing instrument was signed before me on ,,_Ju,,,,l'-Ly-'1"'6"-, .,,,20"'"1""'0�---- by Charles L. Mahaffey and Uaisy T. Mahaffey who personally appeared before me as T_,_ru""s"'t:::;ee,,,s,__ ___________ , ______ of

Charles L. and Daisy I. Mahaffey Trust

Hccnnlt

HC'<:Cpli

11111111111111111111111111111111111111111111111111111m 478403 12/21/1998 1 1 : 1SA WD Evia Ri llhalar 1 of 2 R 1 1 .00 D 10 . 80 l1onl1U1Uma County , CO \Vi\ llRANTY D E ED

16th tfay o[ December

1 9 98 , bc!wccn Catherine C .. Fuyat and Ruth K . E'uyat

Montezuma

whut.c lq�:1I :tddrc"!< h 1 2497 Road 1 8 Corte z , co 81321

1tf the Montezuma \\'ITNF..SSF.:f U. Timi 1hc vrantor for nnd in rn»'iitk1nlion !lf !hr \tnn nf $108 ,000 ,. 00

) 0 . y u

One Hundred Eight Thousand and no/1 00---------------------------------- lJUU./\RS. lhc- rcce-tr1 nnd !<orfir::kr1ry or'' hidt h hl'fcl1r ;i�·�m1\1 lcdrc1I, h:i<> .c1an!l't!. h;11r•ri•1t1J. '<1)1t! ;11•tl (1111\t')Ctl_ :1111l hj' lh<'<:<'. 1•1c""nlt; <It\!:!< i;:nrnt, hari;:ain. �ell.

t't111vcy am! cc,nfirrn. u11tn fhr �t:nt!c�. hi<: heir<; all(I :1�-tt�n" f111c-.-cr. :11! Jh(' H':tl p1PJ't'1IJ' 1o�c!hc1 \\ ilh imp11J\.t'tlft'H1\, if :my, <:ituatc. lyinJ.! ;1n�I hdn)?: in !ht"

said t'mHll)' of Montezuma ;11111 �!:Ill" ol Culor:1do tk: ... oil�d a� ro!h1ws;

hs per a ttached Exhibit r'A " attached hereto and made a

part hereof by reference .

582407 RES 04/30/2012 01 : 17 : 19 PM Page : 25 of 27 R 0 . 00 D 0.00 T 0 . 00 Carol Tul l i s C lerk/Recorder , Montezuma County, Co 1111 W/i".i. ,1,,111.\ �ln1MN!h.llM.ltf\Ulf\I �llP�.Nli �·\I. 11111

n'> linuwu hy !itrecl 1u1tl nio11tl('r n�: ::l!l�e��(s !:(:hcdu!e or pnr�·d lnnuhrr:

12497 Road 1 8 , Cortez, CO 81 321

TtJl;F,THER whh nll and �ln!'!111ar !hr ht'tt"ditaml'lll!> :mtl :l!'l'lll1t'JIJllKt'I\ lhndv 1�1'11 111µi11i;. nr iu :mywh<" ;1ppcrlniulng, and !he t<:vcr�ion :u1tl

rcv1'1'>ion«. n:1n11ttull"r nml fCll11'li11tk1 .;;. 11'111'>, i<.-tm•!> rrml p1111\1.;; tht;icnf. 11ml an lhc c<.!111c, ,;J.!hl, �ftlc. iu1.:;1c-.1, clailn ;md lit'tn;md wh:1l�O('\T:r ol lhe

f!::tJlntnr. cllhcr 111 law or ct1nil)\ t�L in :ind to Ott" ahn�c h:Htt:;i111:d 111c-1ui<;c<:., \\lth the l1c1nUtm11cn!<; m1t! 1lj'f1!1tlrnuuces,

Tt) llAVF. ANI) 'f(} H()L1l the- <;aid l'1cn1i;;C'-t ni'll\\<: ha1g;;int·d mul dc;t:tihcd. \tith the >1pf!Utlt·mmt-es. nulu the J!llHtt('e , hi;;. hci1s >1ml 1ti;sign-.

forever, f\nd the gntnltrr. r-•r hin1sdf. hi., heir.,. andr1cr'>11n:d 1cr1csc11!:rti<.'t''>. ;loC"s t·ovcnaot. f'-t>111l . lr.11j!a;n. ai1d1•gtec to und with the gn1ntce, hi:!; hcin; mu.f ti<t<;)gn,'\. !lWl /'If lhC' tiJl!C or thC': t:ll<;t-aJht1! <lml tlcli'<'Ct'!f t1f thC''>C j1tC<;C'flf<;. ht'.' h wt'J} '>dn•d 111 lht' p1c,n!<;C<; ;lf'f\l'H' COl!\t:)'Ctf, h�s ,f!'U(I<!, 51111!, llelfoi:l, rtb!>oht!C mid indcfca.sihk c;;l:itc of itilwril;rncc. in law. in ke .;fntrk-. :111d h:i" �m>1l ti�hl. full pt1\H'r ;imt fa,, fut �mlhniity tu !!t:mt. har�nin, �C'!J :mJ ctnH'C)' the smut"

ill nwoncr anti Cnnn n� nf111e<;nitL mul 1lm1 lhc �nmc ;in:: hrc aml l' lcnt lt11rn nfl fonnc:r n11d t•lhcr �nml<:.. lnn�;iint;., !:.ah:s. licti<., t:�xc<., :isses51uent:o;,

rm:�1ml1r:t1Kcc; 'l!!ld r("Sfticli�111'\ o( \�halc\Tf ki1HI nr m•IUtC <:.t1r1cr. r'u:rpl 1 998 t aXeS due and payable i n 1 999 • SUBJECT TO easements , rights ot way, rest rictions and reserva t i ons of record ; and a l l oil , gas, coal , and other mineral rights as have been reserved by predecessors in ti t l e .

' l he grmitnr sfo1H mnl wlU \Vt'\Rl< AN"l AND J-lJREVr:H t>ErEND !hi! :i!mve-hntpntncd t11e111i"c-i: i n ti� 11uicl nnd pc;iiecnhlc pos!':c'i:sion or lhe f!::tmlk�. hi� hcit!; nnd 11:i;.si�11:-;, :tl!t\ill'<t nll tttHJ e-very pct$onor pctsmt'< lrnvfuUy cfai111inf. tht' whole or :1M}' p:u, lhc1cnL Tht: oih11!.t1hn munhcr-!>h:rll im:::ludc the rlund,

the plural lhl' <tht�uhn, n11d !he U!>C- of nny f!.CF!tlcr �hnll he "l'l'lkn\tT!!: In all 8.f"11tkr5

;��WITNESS IVlll<:R�;lJF, lho �rnu<m Im.< ;•!«I lhi< dml "" 1]10 .t"'" Q '1"•n•. d, }/" (,.4 C ::2.A.khs.l� __ . �- : &.--'�c..cl·=LL/--+0-=d;�--cat ermec: Fuy)l'P /

···�-- --Ruth K. Fuyat ...___)

ST/ilE OF COl.OR�IJ!l

Cuunty of Mon tezun1a

The ro1eguing instr1.1111rn1 W:l.'l acknowledgctl hr.fore UIC tht-. 1 6t h dny of December • 19 9fl try Catherine c. Fuyat and Ruth K. Fuyat

111111111111111111111111111111111111111111111111111111r 476403 12/21/1998 1t : 15A WO Evie Rillhaler 2 a( 2 R 1 1 . 00 D 10 . 80 ffonleirume Caunly , CO EXHIBIT "A"

TRACT l

The Wl/2SE1/4NE1/4 of Section 9 , Township 3 6 North, Range 17 Wes t , N . M . P . M .

TRACT I I

A tract o f land being the E l / 2 SEl /4NEl/4 o f Section 9 , Township 3 6 North, Range 17 We s t , N . M . P � M � , Mon te zuma County , Colorado , and being more particularly described as fol1owe :

COMMENCING at the East Quarter Corner o f Section 9 , We s t , said point being the point o f beginning; thence South 8 9 0 4 8 ' 2 1 • We s t a dis tance of 67 4 . 64

Township 36 North, Range 17

feet along the South l ine o f

•

•

the NEl/4 of Section 9 ; , North Oo 3 6 ' 2 1 11 East a dis tance o f 1 3 1 8 . l l E l / 2 SEl/4NEl/4 of Section 9 ; North 8 9 0 0 6 ' 3 1 " East a distance o f 6 7 3 . 1 2 the E l / 2 SE 1 /4NE 1 / 4 of Section 9 ;

feet along

f e e t along

the West line o f the

'the North line o f

" South O o 3 2 ' O O • West a distance of 13 2 6 . 2 8 Section 9 to the point of beginning .

f e e t along the East line of

TOGETHER WITH an easement for purposes o f ingr e s s , egress and u t i l i ti es , over and across the North 3 0 feet of the SWl/4 of Section 10 , Township 3 6 Nor th, Range 1 7 Wes t , N . M . P . M .

A�SO TOGETHER WITH an easement for purposes of ingre s s , egress and u t i l i ties in the SWl / 4 of Section 1 0 , Township 3 6 North, Range 17 Wes t , N . M . P . M . , being 3 0 f e e t in widthr the centerline being mora particularly described a s fallows:

BEGINNING at a point on the East line of the SWl/4 of said Section 1 0 , from which point the Cl / 4 Corner o f said Section 10 bears Noi:-th O Q o 1 3 ' 5 1 " West a d i s tance of 5 5 . 0 0 f e e t ; Thence South 8 9 0 5 5 ' 5 5 " We s t a dis tance o f 2.5 4 2 . 6 6 feet ;

• North 4 4 0 4 9 ' 5 0 " West a di stance o f 7 6 . 0 6 feet t o the Noi:-th line o f the SWl / 4 o f said Sec tion 10 , from which point the Wl/ 4 Cornet:' o f s a i d Section 10 bears South B 9 o 5 4 ' 3 6 " West a distance of 2 1 . 21 fee t .

TRACT !!I

An easement for access and utilities in the SW1/ 4NWl / 4 o f Section 1 0 , Township 36 North1 Range 17 Wee t f N . M . P . M . , being more particularly described as fo11aws :

BEGINNING at the Wl/4 Corner of said Section 1 0 ; Thence North B 9 o 5 4 ' 3 6 • E a s t a distance o f 42 . 43 feet along the South l i n e o f the

NWl/4 of said Section 1 0 ; " North 440 4 9 ' 5 0 " We s t a distance of 5 9 . 6 2 f e e t to the We st line of the

NWl/4 of said Section 10 ; • South O O o 3 2 ' 0 0 " West a dis tance of 4 2 . 4 3 feet along the We s t line o f the

NWl /4 of said S e c t ion 10 to the point of beginning .

582407 RES 04/30/2012 0 1 : 17 : 19 P� Page : 26 of 27 R 0 . 00 D 0 . 00 T 0 . 00 Carol Tul l is C lerk/Recorder , Montezuma County , Co

1111 �Y�.i.�i�.ll11.\�k\M�. 1Mlmtl�lltl1.�N \Vl1�1Mr.�·� 11 11 1

Road 1 8 Local Improvement District

Owners of Property Property-legal Address Unpaid

Balance

Plus 2% Interest

--·--·· : Per Annum Richard Marsell, Carl M. 13606 Road 18, Cortez, CO, situated in • $5,778.50 Marsell, Muriel T. Gregory, the north 1/2 of SE 1/4 S.3, T.36N., ! ��s�:�

idG:'b��

n A. Dillon I R. 17W., N.M.P . M . consisting of 80 i

Exhihiri· acres, more or less i �om a Gail Ladage 13002 Road 18, Cortez, CO, situated�·n $9,630.90-·

Exhibit"3" the south 1h of the SE 1/4 S.3, T.36N., R . 17W., N . M . P.M. consisting of 55 acres, more or less; and,

Poe Family LLLP Exhibit "4"

Property located at 13260 Road 18, Cortez, CO, situated in the south 112 of the SE 1/4 S.3, T.36N., R. 17W., N .M.P.M. consisting of 25 acres, more or

Partnership, 12800 Road 18, Cortez, CO, situated in the NE 1/4 S. 10, T.36N., R. 17W., N .M .P.M. consisting of 160 acres, more or less �·-·-------!--

Eagles Nest Partnership, 12501 Road 18, Cortez, CO, situated in LLP North 160 Ac. the NWl/4 S.10, T.36N., R . 17W., Exhibit "Sa and sb" N.M.P.M. consisting of 160 acres, more

or less Eagles Nest Partnership, 13003 Road 17.9, Cortez, CO, a tract of LLP South 160 Ac land situated in the SW1/4 of S.3, '

Exhibit "Sa and Sb" T.36N., R.17W., N . M .P.M. consisting of

15,409.48

$7,704.70

53.40 more or less. ·---------l�C:.�:....:::..::::.:::.:.Lc.c:..:.:..:c � : .... :.::c:.::.:.. _____ .•... -+- -Daisy T. I 12480 Road 18, Cortez, CO, situated in $ 17,335.60 :::harles L. &

;\1ahaffey Trust Exhibit "6"

: the SW1/4 S . 10, T.36N., R. 17W., \ N .M.P.M. consisting of 160 acres, more i or less, and situated in the N1/2 NW 1/4

5, T.36N., R.17W., N.M.P.M . .

10 Equal Annual Installments

Payment Amounts Plus 2% Interest F

I Annum on the Unpaid Balance

···---$ 577.85, Annual installment

Plus 2% Interest Per Annum on t Unpaid Balance $ 963.09, Annual installment

Plus 2% Interest Per Annum on t Unpaid Balance

$ 1,540.95, Annual installment

Plus 2% Interest Per Annum on ti Balance

$ 770.47, Annual installment

Plus 2% Interest Per Annum on ti Balance

Plus 2% Interest Per Annum on t i Unpaid Balance ······----$ 1,733.56 Annual installment

I Plus 2% Interest Per Annum on ti j Unpaid Balance

________ nsisting of 8Q_a:::c::cre:::s"'1�m:.:.:o"'rc:e .... o:c.r-'l"e·s:::sc..__-+! --- -·-+----� ·� ------- --,-497 Road 18, Cortez, CO, situated in $ 1 1,557.09

' the SW 1/4NE1/4 S.9, T.36N., R.17W., Morgan Lee Allsup Exhibit ""7'1

1,155.71, Annual installment ' : N . M . P . M . consisting of 40 acres, more or [ less

Plus 2% I nterest Per Annum on H ____ .c_cu.._n'"'paid Balance

EXHIBIT "8"

582407 RES 04/30/2012 0 1 : 17 : 19 PM Page : Z7 of Z7 R 0 . 00 D 0 . 00 T 0 . 00 Carol Tu l l i s Clerk/Recorder , Montezuma County , Co

1111 �·· �i�.111.\:l-l�l'llll. * 1rt1��·.t'rit 111£ 1111r.m·� 11 11 1


State of Colorado

Resolution # 2012-4

A Resolution Designating the Location of Posted Agendas

\Vhereas; C.R.S. 24-6-402(2)(c) requires local governments to designate the location of posted agendas for meetings; and

Whereas; in addition to state law, the Board of County Commissioners finds it important to keep the public informed of upcoming meetings in accordance with Montezuma County's tradition of open meetings; and

\Vbereas; the physical location of the County Clerk & Recorder's offices have relocated and said office is the location where the public frequently seeks posted agendas.

Now therefore, be it resolved that:

Effective immediately, the agendas noticing the meetings of the Board of County Commissioners will be posted at the following locations no less than twenty-fours (24) hours prior to the holding of meetings except in cases of an emergency:

( 1 ) On the Bull etin Board inside the northwest entrance at the Montezuma County Courthouse 109 West Main Street, Cortez

(2) On the Bulletin Board inside the south entrance at the Montezuma County Annex 3 1 40 West Main Street, Cortez

Board of County Commissioners

j . of Mo \="" Go�� Commissioners voting aye in favor of the resolution were:

o/l&.df!� � &AF Commissioners voting nay against the resolution were:

I certify that the above Resolution is a true and c01Teet copy of same as it appears in the minutes of the Board of County Commissioners of Montezuma County, Colorado and the votes upon same are true and correct.

Dated this 23"1 day of April, 2012.

f1rmdmq fug&:a County Clerk and Recorder Montezuma County, Colorado


State of Colorado

Resolution #20 l2-3

A Resolution Authorizing the Issuance of Credit Cards

Whereas; the F irst National Bank of Coitez requires the governing body of organizations to approve the issuance of credit cards for their organization; and

Whereas; the Montezuma County Board of County Commissioners is the governing body of the county of Montezuma, state of Colorado.

Now therefore, be it resolved that:

l ) The Board of County Commissioners authorizes its County Administrator to execute the credit card agreement with the First National Bank of Cortez; and

2) The Board of County Commissioners authorizes its County Administrator to identify and issue credit cards to personnel he or she deems needs a credit cards; and

3) The Board of County Comm issioners authorizes its County Administrator and Finance Officers to be the contact persons for said accounts with F irst National Bank of Cortez, and

4) No single credit card shall have a l imit of more than $5,000.00 unless otherwise expressly approved by the Board of County Commissioners.

Board of County Commissioners of Mo1!tezuma County, Colorado

r 1 . : ; ud , · ·· . 1 7;/ , .7 J .· , , 11 ,, , ' ' {)' \_ J;:.C.'..(..oo-c_ /0\ - 1...-rf '-/.4/1 7 �-Steve D. Chappell, Chairf Ii

Commissio1.1ers.·· voting aye in favor of '.Jlr resolution were:

1 . 1 • <.,; � . . - 'j ; h - /} 0 / J ./,,,.� ' b /' '(!J/.&. L//J.' ::Fti 4&/1¥ d�

1 Y' I '


I certify that the above Resol ution is a true and correct copy of same as i t appears in the minutes of the Board of County Commissioners of Montezuma County, Colorado and the votes upon same are true and correct.

a aA u �� County C I erk and Recorder Montezuma County, Colorado

RESOLUTION # 2012-02

This resolution is for the approval to conduct a primary mail ballot election on June 26, 2012

WHEREAS, the County Commissioners of Montezuma County, State of Colorado at a regular meeting of said Board of County Commissioners, held on the 1 3 day of February, 2 0 1 2 authorizes the June 26, 2 0 1 2 primary election be a mail ballot election.

WHEREAS, pursuant to title 1 article 7.5- 1 0 1 of the Colorado Revised Statutes allows political subdivisions of the State of Colorado, including counties to conduct certain elections in accordance with said Act, and

WHEREAS, the Montezuma County Clerk and Recorder will present a plan to the Secretary of State for approval to conduct a Primary Mail Ballot election, and;

WHEREAS, pursuant to C .R.S. 1 -7 .5-1 04, it is the option of the governing board of any political subdivision to determine if an election, which is otherwise eligible, shall be by mail ballot, and;

WHEREAS, the Montezuma County Clerk and Recorder estimated that by conducting a mail ballot election, a savings to the taxpayers of Montezuma County may result;

NOW, THEREFORE, BE IT RESOLVED that the election called for on June 26, 2 0 1 2 , shall be conducted in accordance with the Mail Ballot Election Act and the regulations of the Secretary of State promulgated hereunder.

NOW, THEREFORE, BE IT RESOLVED that this resolution is hereby adopted this 1 3th day of February, 2 0 1 2,

at 1 1 ;05 o'clock a.m.


� J. ct411ett

Commissioners voting aye in favor of this resolution were:

_d__� Ju . {! kµ a ll'leb , #/UUff ,IJ. ;zf?te%-&-. �;

An9&atrL M. ,�;vms/'fA---Commissioners voting no against the Resolution were:


The Board of County Commissioners

of the County of Montezuma

State of Colorado

Resolution # 2012 - 1

A Resolution Supporting the Grant Application for a Local Parks and Outdoor

Recreation Grant from the State Board of the Great Outdoors Colorado Trust Fund for

the construction of the Montezuma County Fairgrounds Grandstand Roof.

WHEREAS, the Montezuma County Board of County Com missioners supports t h e Great

Outdoors Colorado grant application for the Montezuma County Fairgrounds

Grandstand Roof; and

W H E REAS, if the grant is awarded, the Montezuma County Board of County

Commissioners supports the completion of the project; and

W H E R EAS, the Montezuma County Commissioners has requested $300,000 from Great

Outdoors Colorado to install a permanent roof over the existing Montezuma County

Fairgrounds Grandstand; and

WHEREAS, i n a d dition to a cash match provided from County Funds, the Ute Mountain

Roundup, Inc., is contributing a significant cash match toward the project i n recognition

of its importance to outdoor recreation events in Montezuma County.

NOW, THEREFORE, BE IT H ER E BY RESOLVED BY THE Montezuma County Board of

County Commissioners that:

Section 1:

Section 2:

Section 3:

Section 3 :

Section 4:

Section 5:

The Montezuma County Board of County Commissioners strongly

supports t h e application and wil l provide a $70,000 cash match for a

grant with G reat Outdoors Colorado.

The Ute Mountain Roundup, Inc. is contributing an a d d it ional $20,000 cash match for said p roject.

If the grant i s awarded, the Montezuma County Board County

Commissioners strongly supports the completion of t h e p roject.

The Montezuma County Board of County Commissioners authorizes t h e

expenditure of funds necessary to meet t h e terms a n d obl igations o f the

G rant awa rded.

The p roject site is entirely owned by Montezuma County.

The Montezuma County Board of County Commissioners wi l l continue to

maintain the grandstand roof in a high qual ity condition and wil l

appropriate fun d s for maintenance in its annual budget.

Section 6:

Section 7:

If t h e grant is awarded, t h e Montezuma County Commissioners hereby

authorizes its County Administrator, Ashton Harrison, to sign t h e grant

agreement with G reat Outdoors Colorado and execute said project.

This resolution to be in full force and effect from and after its passage

and approva l .

Board of County Commissioners

of Mo ezuma County, Colorado

,J IJ



I certify that the above Resolution is a true and correct copy of same as it appears in the

minutes of the Board of County Commissioners of Montezuma County, Colorado and

the votes upon same are true and correct.

Dated this 61h Day of February, 2012.

County Clerk and Recorder

M o ntezuma County, Colo/ado

MONTEZUMA COUNTY LAW ENFORCEMENT AUTHORITY AGREEMENT No. 20 12- 1

AN AGREEME1'. I OF THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE EX OFFICIO GOVERNING BOARD OF THE MONTEZUMA COUNTY LAW

ENFORCEMENT AUTHORITY, E:.JTERING INTO AN AGREEMENT WITH THE MONTEZUMA COUNTY SHERIFF,

FOR THE PURPOSES OF PROVIDING ADDITIONAL LAW ENFORCEMENT SERVICES II\ THE UNINCORPORi\.TED AREAS OF MONTEZUMA COUNTY

WHEREAS, per C.R.S. Section 30-1 1 -404(5), the Montezuma County Board of County Commissioners are the ex oflicio Governing Board of the Montezwna County Law Enforcement Authority; and

WHEREAS, per C.R.S. 30- 1 1 -406(l)(c), the Governing Board of the Montezuma County Law Enforcement Authmity is permitted to enter into contracts and agreements with the Sheriff to provide law enforcement services for the authority; and

WHEREAS, per C.R.S. 30-1 1-409, moneys paid to the Sheriff for services shall be

expended by the Sheriff for law enforcement purposes only, including administration and capital expenditures, pursuant to agreements entered into as authorized by law; and

WHEREAS, both the Governing Board and the Sheriff find it necessary to continue fully funding five POST certified deputies, their salaries, vehicles and equipment as well as pay 30% of additional POST certified deputies salaries; and

WHEREAS, the Law Enforcement Authority Fund has the necessary funds available to continue fully funding five POST certified deputies, their salaries, vehicles and equipment as well as pay 30% of additional POST certified deputies salaries; and

WHEREAS, the budget of the Sheriffs Oflice, including the salaries of all POST certified deputies with their vehicles and equipment is entirely accounted for in the General Fund; and

WHEREAS, accounting for the aforementioned full funding for five POST certified deputies, their vehicles and equipment as well as 30% of additional POST certified deputies wages through mn!tiple funds would create unnecessary costs to the taxpayer by creating unneeded administrative overhead.

NOW, THEREFORE, the Montezuma County Board of County Commissioners, acting as the Governing Board of the Montezuma County Law Enforcement Authority:

Section I : Hereby enter into an agreement with D ennis Spruell, Montezuma County Sheriff, to continue full y funding five POST certified deputies, their salaiies, vehicles and equipment as well as pay 30% of additional POST certified deputies wages.

LAW ENfORCEMENT AUTHORITY GOVE&"\ING BOARD

MONTEZUMA COlJNTY, COLORADO

� ekt,�df. Steve Chappell, C ha r

MONTEZUMA COU:>ITY SHERIFF 'S OFFICE

f:Jo� .�J/J Dennis Spmell, Sherif

Commissioners voting in favor of the Agreement were:

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• �� -<::.,I �4 an ...JL.�· IA/ ,.,//k•';7'JP'1£-P.f---Commissioners voting nay against the Agreement were:

I certify that the above Agreement is a tme and correct copy of same as it appears in the minutes of the Board of County Commissioners of Montezuma County, Colorado and the votes upon same are true and correct.

'(;i<.. ·; Dated this3Q day <)¢iw<w'.f/· , 2012

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/fl < • ; 1 ' LaA.-1:� 0..21£.etc: , County Clerk anii Recorder Montezuma County, Colorado