4 a\ 1- A 1 taruh-r lf; I P1 21 4 425 1362 3 11-20 . A June 29 |979 - [1 Recorded at Reception r' er. 9' STAMP THIS Dann Made this 28th da,-of June FEE 1979 between HARALD PABST (hereafter referred to as 5 "Party of the First Part" or "Grantor" ofthe UN County of Pitkin and State of Colo- - rado, of the first part, and EUUNIIATION ?y I7 ni a non-profit Xftcorporation organized and refs. Q., --1. -I-iff'iiQizhiffir - .- .existing under and by virtue ofthe laws ofthe State of Colorado . A ofthe second part: whose legal address is Royalty Control COIL). 1234 Sunner Street, Suite 500, Stamford, CN 06905 (hereinafter referred to as "Party of the Second Part" the said party ofthe first part for and in consideration ofthe sum of me Ano N0/100ths-- - -- -DOLLARS to the said part of the first part in hand paid by the said party ofthe second part, the receipt whereofis hereby confessed and acknowledged, heS granted, bargained, sold and conveyed, and by these presents do GS grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all ofthe following described lot or parcel ofland, situate, lying and being in the County of Pitkin and St ate ofColorado, to wit: See Exhibit A attachedheretoand incorporated herein by this reference Grantor hereby grants to Grantee a right of first refusal as more set - forth in said Exhibit A. 2? 3 53 Oil -4-e no Re-recorded to correct legal :TOGETHER with all and singular 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 est ate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. T0 HAVE ANDTO HOLD the said premises above bargained and described, with the appurtenances, unto the said party ofthe second part, its successor and assigns forever. And the said party of the first par t, for him sel f, his heirs, executors, and administrators, do ES covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as ofgood, sure, per fect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha 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, taxes, assessments and encumbrances of whatever kind or nature Stover, exoeptthe lien for 1979 ad Valorem taxes, reservations, rights-of-way and easements of record; the Srmor-mass Project as it affects the above described real real property, evidenced by the map filed in Plat Book 3 at page 104, Pitkin County, Colorado, Records. and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its successor and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party ofthe first part shall and will WARRANT AND FOREVER DEFEND. 1 IN WHEREOF, The said part ofthe first part haS unto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of zsr?m STATE OF COLORADOCounty of 61) The foregoinginstrument was acknowledged before me this Z, d/ dayof Jitlfge:-' 19 Harald Pabst wa, 5 MY a- fi J. "~oS 2 1 .1. 4_ myhand and official seal. sc 7 lifflq 'l 3 1H"s" 5' 1 1 No. 932- l'l1olograpl\ic Record. -Bradford Publishing Co., Stout Street, Denver, Colorado rv: in' 'ir f. tiill' :jr i3'.f. 1..- . _i - sri# 3 1 95-' 1' "il 4171" a an 1-51' 3 3 Eeg?ai .ie e-mr<425 M363 E1 .1 .Q EXHIBIT parcel of land being part of Section 2, 3, 10, ll, 14 and 15, Township 9 South, Range 86 West_of the 6th Principal Meridian. Said parcel is more fully described as follows: Beginning at a point, being the Southwesterly Corner of that parcel described in Book 200, Page 595 as recorded in the Office of the Pitkin County Clerk and Recorder, whence the South l/4 Corner of Section 34, Township 8 South, Range 86 West of the 6th Principal Meridian bears 28?46'42" W, 3775.26 feet; thence 89?59'00" B, 1725.99 feet; thence 3l?47'4l" E, 2452.35 feet; thence 58?04'0l" E, 331.24 feet; thence 06?56'39" W, 234.30 feet; W2 thence 27?29'29" w, 411.00 feet; thence 20?04'58" W, 403.10 feet; thence 0l?2l'50" N, 629.79 feet; thence 06?27'2l" E, 773.23 feet; thence l8?36'22" E, 519.48 feet; thence 05?0l'24" E, 2174.36 feet; thence 39?47'04" W, 1189.66 feet; .gr thence 40?l0'47" W, 781.30 feet to the South line said Section 14; 9'9. thence 89?30'00" W, 3939.12 feet; thence 0l?44'l0" W, 4332.10 feet; thence 15?03'09" E, 1226.67 feet; . thence 31?25'o9" E, 1950.45 feet; - thence 30?28'45" E, 1140.39 feet; thence is 08?26'28" w, 200.21 feet; Excluding from the foregoing described real property that portion. if any, situated in the NNE of said Section 15. Said parcel contains 862.60 acres more or less. 7 ?igjf with an undivided l/7 of all water and water rights, ditches and ditch rights appertaining to as the same are described in that certain Decree recorded August 22, 1955 in Book 180 at page 396, Pitkin County, Colorado, records, and historically used in connection with the above described land. It is mutually agreed by the parties hereto and their heirs, personal representatives, successors and assigns that no buildings or improve- ments of any kind whatsoever, excepting fences, shall be constructed, erected or installed above grade within 100 feet from any of the boundary lines described above. Further, no buildings or improvements A of any kind whatsoever, excepting fences, shall be constructed, erected fp or installed on the real property described above or the adjacent real property retained by Grantor so as to protrude above the mountain and mesa ridges constituting the boundaries of the above described real 1 property. Grantor, for himself, his heirs, personal representatives, Erie successors and assigns, hereby covenants and agrees, that he will not erect, permit to be erected any building or improvements of whatsoever 3 nature, excepting a fence, upon a 160 foot strip lying northeasterly of eggf and adjacent to the following described line: Beginning at'a point whence the South quarter corner of 553% Section 34, Township 8 South, Range 86 West of the 6th P.M. bears 55?52' W. 3307.08 feet; thence l9?27' E. fern 197.00 feet; thence 43?27' 181.40 feet; thence fight, l8?23' E. 90.00 feet; thence S. 39?08' 133.20 feet; rij' thence 73?5l' E. 116.63 feet; thence 57?00' E. 110.67 feet; thence 46?33' E. 65.00 feet436. Ufa-fn i,Q_j1 'rt .nn-'nantes - sm.) /1 503 5 EXHIBIT A (continued) i It being the intent of Grantor to reinstate as modified the restric- tions similar in nature to the restriction stated above appearing in 1 Book 200 at page 595, Pitkin County, Colorado, records. These restrictions and covenants shall be construed as running with the Q7 title to the properties referred to and shall be binding on all persons claiming under Grantor and Grantee. Enforcement of the above described restrictions and covenants shall be by proceedings at law 1 or in equity against any person or persons violating or attempting i to violate a restriction or covenant, either to restrain violation or to recover damages, or both. h- Granteengitszsuccessors and assigns shall have and is hereby given - the following rights with respect to the "Huff Mesa" property con- sisting of approximately-193 acres, which property is more fully i, described on Exhibit A-1 attached hereto, on the terms and conditions 31- set forth hereafter: 1. For a period of 5 years from the date hereof, Grantee shall have the right to acquire said Huff Mesa property for the sum of I $2l2,590.00; provided, however, that such right may only be exercised following written notice from Grantor of his intention to sell said property; 2. Payment of the $212,590.00 purchase price shall be made in the same manner as set forth in bona fide offer received by Grantor for the property or absent such an offer, as agreed upon by Grantor and Grantee; 3. For an additional 5 year period commencing 5 years from the date hereof, Grantee shall have and is hereby given a right of first refusal to purchase said property. In the event of receipt by Grantor of a bona fide offer to purchase the Huff Mesa property at a price and on conditions which he intends to accept, Grantor shall give Grantee written notice of such fact and submit with such notice a true copy of said offer. Grantee shall have 30 days after receipt of such written notice in which to exercise its right of first refusal to purchase said real property by giving to Grantor within said 30 day period written notice of its election to purchase on the same terms and conditions as contained in said offer. Grantee's failure to so exercise his right within said 30 day period shall be conclusively deemed a waiver of such right. In the event Grantee elects to purchase;said property, the closing of such purchase shall occur within the 30 day period following the giving of notice of such election; and 4. During the 10 year period commencing with the date hereof, Grantor further agrees to provide Grantee with written notice of any intention he may have to develop the Huff Mesa property in order to provide Grantee with the opportunity to review with Grantor his development plans prior to commencement of same. 1 'li .81 feethue: _f 1_ . EWJGK425 m;?365 4 I 'ls 4 EXHIBIT A-1 gig-L] MESA 1 A parcel of land being part of Sections 11 and 14, Township i 9 South, Pange 86 Test of the 6th Principal Meridian. Said parcel is more fully described as follows: i Beginning at a point being 30 feet Westerly of the centerline of the Snowmass Creek Road, whence the Northeast Corner of said Section 14 hears 89?34'09" feet; thence along a line being the Snowmass Creek Road the fo 287.35 feet around 60.66 feet and 47?59'39" E, 1971.83 parallel to and 30 feet Westerly of llowing courses and distances: a curve to the right having a radius i of 1543.90 feet (the chord of which hears l4?04'27" E, 286.94 feet); 161.35 feet around a curve to the left having a radius of 1596.23 feet (the chord of which bears l6?30'37" E, 161.28 feet); 13?36'52" E, 157.94 feet; 232.11 feet around a curve to the left having a radius of 1016.91 feet (the chord of which bears 07?04'32" E, 231.61 feet); 00?32'12" E, 4.9 325.93 feet around 1 feet; the right having a radius 07?52'37" E, 325.04 feet); a curve to the left having a radius 895.39 feet (the chord of which hears ll?30'27" E, 115.87 feet); a curve to the right having a radius of 1272.07 feet (the chord of which hears 15?13'02" E, 137.26 feet; 115.95 feet around a curve to of 07?47'52" E, 130.42 feet; 305.74 feet around of 1278.16 feet (the chord of - 21?30'12" E, 198 which bears l4?39'02" E, 305.02 feet); 3 236.30 feet around a 944.83 feet (the chord of which bears 28?40'05" E, 235.69 feet); 35?49'59" E, 110.64 feet; curve to the right having a radius n. - 5. a-ci-' 5 Qi! 15176 5 1 1 I 1 It 160.77 feet around a curve to the left having a radius 168.31 feet (the chord of which hears 08?28'06" B, 154.72 feet); 18?53'47" W, 571.64 feet; 224.30 feet around a curve to the right having a radius 674.95 feet (the chord of which bears 09?22'34" W, 223.27 feet); 00?08'39" E, 273.66 feet; 401.51 feet around a curve to the right having a radius 7500.90 feet (the chord of which bears 0l?40'39" E, 401.46 feet); 03?12'40" E, 209.04 feet; 605.41 feet around a curve to the left having a radius 1070.00 feet (the chord of which bears 9 12?59'53" W, 597.37 feet); 354.69 feet around a curve to the right having a radius 1205.00 feet {the chord of which bears 20?46'30" W, 353.41 feet); thence departing from said line 79?s2'26" w, 169.34 feet; thence 48?03'43" W. 1412-07 feet: thence 77?10'01 W, 612.95 feet; thence 18?36'22 E, 519.48 feet; thence 05?0l'24 E, 2174.86 feet; thence 39?47'04 W, 1189.66 feet; thence 40?10'47 W, 781.30 feet to the South line of the 2 North 1/2 of the Northwest 1/4 of said Section 14; thence Easterly along the South line at the North 1/2 of the 5 Northwest 1/4 and the North 1/2 of the Northeast 1/4 of said Section 14 to the point of beginning. Fxcept from the above description a parcel of land described as follows: Beginning at a point on the West line of the Northwest 1/4 of the Northeast 1/4 of said Section 14 EHC C0rn0r of said Section 14 bears 79?19' H, 2689.5 feet; thence 00?20' E, 600.00 feet along the West 1inQ of Said Northwest 1/4 of the Northeast 1/4; thence 3 67?12' E, 433.50 feet; thence 00?20' W, ?00.00 feet; W, 433.50 f=eL to the point of beginning. i Shlid ;>>zrLn;i ccn\tniJ1s \f!3.6E0 rr.re-fir -fr' if Qs . -