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HomeMy WebLinkAboutC12-377 Upper Eagle Regional Water Authority Exchange Agreement 2EXCHANGE AGREEMENT 0MB No.0596-0105 This Exchange Agreement,between the STATE OF COLORADO,acting by and through its State Board of Land Commissioners (“SLB”),whose address is 1127 Sherman Street,Suite 300, Denver,Colorado 80203;the UPPER EAGLE REGIONAL WATER AUTHORITY (“Water Authority”),a Colorado quasi-municipal corporation,whose address is 846 forest Road,Vail, Colorado 81657;and,EAGLE COUNTY,a Colorado governmental corporation,acting through its BOARD OF COUNTY COMMISSIONERS,500 Broadway 3rd floor,Eagle CO 8163] hereinafter called the Non-Federal Parties;and the UNITED STATES Of AMERICA,acting by and through the Forest Service,U.S.Department of Agriculture,in consideration of the appraisals by the parties hereto of the land or interest in land herein described and other good and valuable considerations,the receipt of which is hereby acknowledged,do hereby severally agree as follows: WITNESSETH: Pursuant to the General Exchange Act of March 20,1922 (42 Stat.465,as amended;16 U.S.C.485,486), the federal Land Policy and Management Act of October 21,1976 as amended (90 Stat.2743;43 U.S.C. 1715,1716,1717),and the Federal Land Exchange facilitation Act of August 20,1988 (102 Stat.1086 as amended;43 U.S.C.l716Note),751 (Note)),the Non-federal Party does hereby agree to convey to the United States of America the real property described in Schedule A,attached hereto and made a part hereof.In exchange therefore,the United States of America agrees to convey to the Non-Federal Parties by Patent issued by the Department of Interior and Exchange Deed issued by the Department of Agriculture in accordance with the Weeks Act of March 1,1911(36 Stat.961),the real property described in Schedule B,attached hereto and made a part hereof together with ONE HUNDRED FIFTY- FIVE THOUSAND and 00/100 Dollars ($155,000.00)to the Non-federal Parties in order to equalize values pursuant to Section 206(b)of the FederaL Land Policy and Management Act of 1976 (43 U.S.C. 1716).The agreed to values for this exchange are: Property of the Non-federal Parties:$7,045,000 Property of the United States:$6,890,000 The Parties agree that closing may occur prior to delivery of the cash equalization payment by the United States.Said delivery shall occur as soon as funds become available to the Rocky Mountain Regional Office,but no later than October 31,2013.In the event the parties mutually agree to proceed with closing prior to delivery of the cash equalization payment by the United States,Eagle County agrees to advance funds at closing in an amount equal to the United States’cash equalization payment ($155,000.00).li such event,the United States shall reimburse Eagle County for such advance payment as soon as the funds become available to the Rocky Mountain Regional Office,but no later than October 31,2013. first,the Non-federal Parties agree to convey by general Warranty Deed in accordance with Department of,Justice Standards and Colorado State Patent when requested by the forest Service,the lands or interest in lands described in Schedule A to the United States of America and its assigns,together with necessary documents required to convey good title,free from all encumbrances except those set forth in Schedule A. Second,the Non-federal Parties agree to execute and deliver all necessary documents to Land Title Guarantee Company,610 W.Lionshead Circle,Suite 200,Vail,CO 81657 who shall act as escrow holder. Third,the Non-Federal Parties agree to furnish title evidence on the real property described in Schedule A,except the North Edwards parcel,in a form satisfactory to the Office of the General Counsel of the United States Department of Agriculture. When title is acceptable to the Forest Service,the United States of America agrees to convey by Patent and Exchange Deed the real property described in Schedule B,subject to any encumbrances noted therein. Both parties agree not to do,or suffer others to do,any act by which the value of the real property which is the subject of the exchange agreement may be diminished or further encumbered.In the event any such loss or damage occurs from any cause,including acts of God,to the real property described in Schedules A or B,prior to execution of deed or issuance of Patents and Exchange Deed,either party may refuse without liability to complete the exchange. The parties to this exchange agreement acknowledge that each has received documentation regarding the non-existence of hazardous substances stored,disposed or released on said lands.If evidence of hazardous substances are found prior to closing,either party may refuse without liability,to complete the exchange (see Attachment A). ‘I’his exchange is subject to a 45-day administrative review of the decision.The United States of America may withdraw fiom this agreement if the decision issued under the provisions of the National Environmental Policy Act is modified,withdrawn,or overturned as a result of the administrative review process. This exchange agreement is subject to the requirements of 36 CFR 254.14. This exchange agreement may be terminated iti the event that Bureau of Land Management does not concur with conveyance of the federal mineral estate. This agreemeffi vill be terminated in the event that either party cannot convey good and sufficient title to the real property agreed to be exchanged. This agreement may be executed in counterparts and together shall constitute one agreement. This agreement is legally binding on all parties until October 31,2013,subject to the terms and conditions herein and may only be amended or terminated by mutual consent. No member of Congress,or Resident Commissioner,shall be admitted to any share or part of this agreement or to any benefit that may arise there from unless it is made tvith a corporation for its general benefit (1$U.S.C.431,433), IN WITNESS WHEREOF,the Non-federal parties and the Forest Supervisor,acting for and on behalf of the forest Service,USDA,have executed this Agreement.This exchange agreement shall be effective on the last date signed. 2 No member of Congress,or Resident Commissioner,shall be admitted to any share or part of this agreement or to any benefit that may arise there from unless it is made with a corporation for its general benefit (1$U.S.C.431,433). IN WITNESS WHEREOF,the Non-federal parties and the forest Supervisor,acting for and on behalf of the forest Service,USDA,have executed this Agreement.This exchange agreement shall be effective on the last date signed. NON-FEDERAL PARTIp: BY: Will i .Ryan,Diet Color o State Board of Land Commissioners BY: __________________________ Linn Brooks,General Manager Upper Eagle Regional Water Authority BY: _________________ Peter F.Runyon,Chairperson Eagle County Board of County Commissioners FOREST SERVICE: BY: ___________ Scott fitzwilliams,Forest Supervisor White River National Forest U.S.Department of Agriculture forest Service According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid 0MB control number.The valid 0MB control number for this information collection is 0596-01 05.The time required to complete this information collection is estimated to average 4 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. 3 ACKNOWLEDGMENT State of Colorado ) )$5: County of Denver ) On this day of M9’4V ,2012,before me,Ih t a Notary Public in and for said State,personally appeared William E.Ryan,Executive Director,Colorado Board of Land Commissioners. IN WITNESS WHEREOF,I hereunto set my hand and official seal. á M Notary Public Signature ,,//-1 /A.OBRIENMyCommissionexpires:Jfif4’‘c _________ 1 NOTARY PUBLIC I STATE OF COLORADO I NOTARY ID 19874149630 ACKNOWLEDGMENT [Y COMM’StON EXPIRES OCTOBER i 2016 State of Colorado ) )SS: County of Eagle ) On this ______ day of ,2012,before me, _______________ ,a Notary Public in and for said State,personally appeared Linn Brooks,Executive Director,Upper Eagle Regional Water Authority. IN WITNESS WHEREOF,I hereunto set my hand and official seal. Notary Public Signature My Commission expires: 4 No member of Congress,or Resident Commissioner,shall be admitted to any share or part of this agreement or to any benefit that may arise there from unless it is made with a corporation for its general benefit (18 U.S.C.431,433), IN WITNESS WHEREOF,the Non-Federal parties and the Forest Supervisor,acting for and on behalf of the Forest Service,USDA,have executed this Agreement.This exchange agreement shall be effective on the last date signed. NON -FEDERAL PARTIES: BY:____ _______________ William F.Ryan,Director Colorado State Board of Land Commissioners BY: ___________________ Linn Brooks,General Manager Upper Eagle Regional Water Authority BY: ____________________ Peter F.Runyon,Chairperson Eagle County Board of County Coi missioners FOREST SERVICE: BY: _________________ Scott Fitzwilhiams,Forest Supervisor White River National forest U.S.Department of Agriculture Forest Service According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid 0MB control number.The valid 0MB control number for this information collection is 0596-0105.The time required to complete this information collection is estimated to average 4 hours per response,including the time for reviewing instruction9,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. 3 ACKNOWLEDGMENT State of Colorado County of Eagle ) )SS: ) On this ay ,2012,before me,1.LJ;a Notary Public in and for said State,personally appeared Peter F.Runyiaierson,EaWle County, Board of County Commissioners. TN WITNESS WHEREOF,I hereunto set my hand and official seal. County of Garfield ) Notary PubUc Signature II On this day of -,2012,before me, ___________________, a Notary Public in and for said State,personally appeared Scott F itzwilliams,Forest Supervisor,White River National Forest,Rocky Mountain Region,R-2,forest Service,U.S.Department of Agriculture. TN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission expires: Notary Public Signature My Commission expires: ______________________ ACKNOWLEDGMENT State of Colorado ) )SS: rWRIGHT I NOTARY PUBLIC OFLORAJ MY OOMMI8SKN EXPIRES 11412015 5 No member of Congress,or Resident Commissioner,shall be admitted to any share or part of this agreement or o any benefit that may arise there from unless ft is made with a corporation for its general benefit (18 US.C.431,433). IN WITNESS WHEREOF,the Non-Federal parties and the Forest Supervisor,acting for and on behalf of the Forest Service.USDA,have executed this Agreement.This exchange agreement shall be effective on the last date signed. NON-FEDERAL PARTIES: BY:__________ __________ William E.Ryan,Director Colorado State Board of Land Commissioners Linn Broks,Gene anager Upper Egle Regional Water Authority BY: ____________________ Peter F.Runyon,Chairperson Eagle County Board of County Commissioners FOREST SERVICE: BY: _______________________ Scott Fitzwilliarns,Forest Supervisor White River National Forest U.S.Department of Agriculture forest Service According to the Paperwork Reduction Act of 1995.an agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid 0MB confrol number.The valid 0MB control number for this information collection is 0596-0105.The time required to complete this information collection is estimated to average 4 hours per response,including the time for reviewing insuctions.searching existing data sources.gathering and maintaining the data needed,and completing and reewing the collection of in formation. 3 ACKNOWLEDGMENT State of Colorado ) )SS: County of Denver ) On this ______ day of ,2012,before me, ___________________, aNotaiy Public in and for said State,personally appeared William E.Ryan,Executive Director,Colorado Board of Land Commissioners. IN WITNESS WHEREOF,I hereunto set my hand and official seal. Notary Public Signature My Commission expires: _______________ ACKNOWLEDGMENT State of Colorado ) )5$: County of Eagle ) On this 7 day ofgy ,2012,before me,a Notary Public in and for said State,personally appeared Linn Brooks,Executive Director,Upper Eagle Regional Water Authority. IN WITNESS WHEREOF,I hereunto set my hand and official seal. Notary Pub Sign(ure My Commission expires: _______________________ NO?AUø sTAte OPeLaRA NOTARV ID 15H45$UU MY COMMISSION EW4*5 4 NON-FEDERAL PARTIES: BY: ________ William E.Ryan,Director Colorado State Board of Land Commissioners BY: _______________ Liirn Brooks,General Manager Upper Eagle Regional Water Authority BY: __________________ Peter F.Runyon,Chairperson Eagle County Board of County Commissioners FOREST SERVICE: u.S.Dcputment of Abt icultute forest Service According to the Paperwork Retluction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a valid 0MB control number.The valid 0MB control number for this information collection is 0596-0105,The time required to complete this information collection is estimated to average 4 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,atid completing and reviewing the collection of in fonriation. ACKNOWLEDGMENT State of Colorado ) )SS: County of Eagle ) On this day of _________________, 2012,before me, ________ ,a Notary Public in and for said State,personally appeared Peter F.Runyon,Chairperson.Eagle County, Board of County Commissioners. N WITNESS WHEREOF,I hereunto set my hand and official seal. Notary Public Signature My Commission expires: ____________________________________ ACKNOWLEDGMENT State of Colorado ) )SS: County of Garfield ) On this (lay of ilW€01Wr,2012,before me,,a Notary Public in and for said State,personally appeared Scott Filzwilliams,Forest Supervisor,White River National Forest,Rocky Mountain Region,R-2,Forest Service,U.S.Department of Agriculture. IN WITNESS WHEREOF,I hereunto set my hand and official seal. Notary Public Signature My Commission expires:iz/u /Zø 5 SCHEDULE A Lands,interest in lands,the Non-Federal Parties will convey to the United States of America: fee title to the following lands in the State of Colorado,all within Eagle County: SIXTH PRINCIPAL MERIDIAN “North Edwards”(land and minerals to be conveyed via State of Colorado Patent) R.$2W. sec.16:all. The area described contains 640 acres,more or less. “Beard Creek”(land and minerals to be conveyed via Warranty Deed) L4 sec.32,W1/2 SE1/4NW1/4NW1/4 SEY/4,W1/2 NE1/4 SW1/4NW1/4 SEI/4,and NW1/4 SW1/4 NW1/4 SE1/4. The area described contains 5.00 acres,more or less. “Nottingham-Dickson Creek”(land only to be conveyed via Warranty Deed) T.4$.,R.81 W., sec.16,SE%SW%,NY2SE%,N½SY2SE¼,NY2NY2SY2SE1ASE%,SW’ASW¼SE¼, WY2SE%SWSE1A,WY2E½SE%SW’ASE¼and NE¼NE1%SE¼SW¼SE’,4. The area described contains 183.125 acres,more or less. Land reservations of the Non-federal Parties and exceptions to title: Reservations: None Outstanding Rights: (Note:Numbered exceptions correspond with Title commitment for respective parcel,) North Edwards Parcel Exception 8.In addition,the owner’s policy will be subject to the mortgage,if any, noted in Section 1 of Schedule B hereof Unacceptable -To be removed prior to conveyance to the USA. Exception 9.Existing leases and tenancies,if any. 6 Administratively acceptable -Though not identified in a Commitment for Title Insurance,this parcel is encumbered under State Land Board Lease No.37911 issued to the Colorado State Forest/Colorado State University which expired June 30,2011,and is encumbered under State Land Board Lease No.40400 issued to the Colorado Division of Wildlife for Public Access Program which expires July 1,2013.Concurrent with the conveyance of this parcel,the State Land Board will notify the State Forest Service and the Colorado Division of Wildlife that the parcel has been eliminated from the respective leases. Exception 10.Any title or claim of interest of the United States of America,the state of Colorado or claimants thereunder,based upon assertion that said land was known to be mineral in character on the date the survey thereof was approved by the surveyor-general. Unacceptable -To be removed prior to conveyance to the USA. Exception 11.Any tax,lien,fee,or assessment by reason of inclusion of subject property in the Eagle River Fire Protection District,as evidenced by instrument recorded May 1 8, 2000,under reception no.730073 as amended by instrument recorded June 28,2001 under reception no.760873. Exception 12.Notwithstanding the insuring clauses of the policy,the company does not insure against loss or damage by reason of a lack of access to and from the land. Beard Creek Parcel Exception 8.In addition,the owner’s policy will be subject to the mortgage,if any, noted in Section 1 of Schedule B hereof. UnacceptaNe -To be removed prior to conveyance to the USA. Exception 9.Existing leases and tenancies,if any. Exception 11.Ditch rights,claims or title to same. Exception 12.TenTis,conditions,provisions,burdens,obligations and easements as set forth in Forest property boundary survey recorded June 19,1985 in Book 417 at Page 424. Exception 13.Terms,conditions,provisions,burdens and obligations as set forth in ruling of referee recorded June 10,1988 in Book 485 at Page 525 and agreement for joint use of spring recorded June 10,1988 in Book 485 at Page 529. Unacceptable -To be removed prior to conveyance to the USA,since it does not affect the subject parcel. Exception 14.Any tax,lien,fee,or assessment by reason of inclusion of subject property in the Edwards Metropolitan District,as evidenced by instrument recorded December 22, 1989,in Book 520 at Page 143. 7 Exception 15.Terms,conditions,provisions,burdens and obligations as set forth in Exchange Agreement recorded february 01,2002 under Reception No.784755. Exception 16.Terms,conditions,provisions,burdens and obligations as set forth in United States patent recorded September 13,2004 under Reception No.$90716. Nottingham Parcel Exception 6.Any and all unpaid taxes,assessments and unredeemed tax sales. Unacceptable -To be removed prior to conveyance to the USA. Exception 8.In addition,the owner’s policy will be subject to the mortgage,if any, noted in Section 1 of Schedule B hereof. Unacceptable -To be removed prior to conveyance to the USA. Exception 9.Existing leases and tenancies,if any. Exception 10.Any title or claim of interest of the United States of America,the state of Colorado or claimants thereunder,based upon assertion that said land was known to be mineral in character on the date the survey thereof was approved by the surveyor-general. Unacceptable -to be removed prior to conveyance to the USA. NOTE:THE ITEM ABOVE WILL BE DELETED UPON CONVEYANCE Of ALL RIGHT,TITLE AND INTEREST OF EDWARD W.NOTTINGHAM AND THE HEIRS AND/OR DEVISEES OF ROBERT E.NOTTINGHAM.SUBJECT TO ADMINISTRATION TN THE ESTATE OF ROBERT E.NOTTINGHAM, DECREASED,UNDER THE COLORADO PROBATE CODE IN THE LAND TO THE UNITED STATES OF AMERICA. Exception 11.All rights to any and all minerals,ores and metals of any kind and character,and all coal,asphaltum,oil,gas and other like substances in or under the land, the right of ingress and egress for the purpose of mining,together with enough of the surface of the same as may be necessary for the property and convenient working of such minerals and substances,as reserved in patent from the State of Colorado,recorded July 23,1971 in Book 221 at Page 135. Exception 12.Easements,conditions,covenants,restrictions,reservations and notes on the Forest property boundary survey recorded July 24,1986 in Book 445 at Page 758. Exception 13.Right of Way for Jeep trail which may traverse subject property. Exception 14.Any rights or interests of third parties which exist or are claimed to exist in and over the present and past bed,banks or waters of Dickson Creek. $ Exception 17.Notwithstanding the insuring clauses of the policy,the company does not insure against loss or damage by reason of a lack of access to and from the land. 9 SCHEDULE B Lands,interest in lands,the United States will convey to the Non-federal Parties: Fee title,land and mineral rights,to the following lands in State of Colorado,all within Eagle County: SIXTH PRINCIPAL MERIDIAN “West Avon”(to be conveyed via US Patent to the Town of Avon) T.4 S.,R.82 W., sec.34:SE1/4SE1/4. T.5 S.,R.$2 W., sec.2:lots 3 and 4,Sl/2NW1/4,and SW1/4. sec.3:lot 1,SEI/4NE1/4 and NEY/4SEI/4. The areas described aggregate 478.09 acres,more or less. “Village”(to be conveyed via US Patent to the Town of Avon) T.5 S.,R.$1 W., sec.8:lots I and 2. The area described contains 85.99 acres,more or less. “Cordillera”(to be conveyed via US Patent to Eagle County) R82W. sec.7:lots Ito 3,inclusive,and NE1/4SW1/4. The area described contains 167.95 acres,more or less. “CDOT Relocation”(to be conveyed via Forest Service Exchange Deed to the State Land Board) R.$1W. A parcel of land being a portion of Sections 22 and 23 of Township 5 South,Range 81 West of the Sixth Principal Meridian,according to the Independent Resurvey of said Township and Range approve June 20,1922,and being also a portion of the same lands conveyed in Book 289 at Page 952,County of Eagle,State of Colorado.Being more particularly described as follows: Beginning at a point from which a I %inch diameter aluminum cap on rebar stamped U.S.D.A.forest Service BNDRY.TR G LS 7235 bears S.65°0l ‘5$”E.,a distance of 10 62.17 feet,thence N.44°43’53”W.,a distance of 1135.11 feet;thence N.46°06’34”E.,a distance ofSl .18 feet;thence N.3002354 E.,a distance of 125.93 feet;thence N.85°14’l8”E.,a distance of 144.50 feet;thence N.45°04’03”W.,a distance of 1074.20 feet;thence S.45°19’58”W.,a distance of 289.94 feet to the point of beginning. The area described containing 7.47 acres,more or less. “CVC Water Tank”(to be conveyed via Patent to the Upper Eagle Regional Water Authority (UI RWA)) T.4 S.,R.82 W., sec.31:a portion of the NE1/4 NW1/4,a portion of the NW1/4 NW1/4. The area described contains 5.0 acres,more or less (legal description in progress). “Mountain Star Water Tank”(to be conveyed via Patent to the UERWA) T.4 S.,R.82 W., sec.25:a portion of the SW1/4 SEI/4. The area described contains 5.0 acres,more or less (legal description in progress). “Red Sandstone/Vail Water Parcel A”(to be conveyed via Patent to the Eagle River Water and Sanitation District (ERWSD)) T.5 S.,R.81 W., sec.1:aportionoftheEl/2E1/2. The area described contains 3.0 acres,more or less (re-lotting in progress). “Red Sandstone/Vail Water Parcel B”(to be conveyed via Patent to the ERWSD) T.5j1 sec.6:a portion of the S1/2 SW1/4 SWI/4NW1/4. The area described contains 6.13 acres,more or less (re-lotting in progress). Land reservations of the U.S.D.A.forest Service,exceptions to title and uses to be recognized: Reservations: 1.Reserving to the United States a right-of-way thereon for ditches or canals constructed by the authority of the United States Act of August 30,1890 (26 Stat. 391;43 U.S.C.845). Outstanding Rights: Outstanding rights identified in agency records: 11 West Avon Parcel SUBJECT TO a road easement which crosses a portion of the SE1/4SE1/4 of sec.34,T. 4 5.,R.$2 W.,6th PM issued to BLM on 9-1-1961 for June Berry Creek,BLM Serial # C-069934. SUBJECT TO an easement issued to Colorado Department of Highways on 10/29/1969, BLM Serial#C-i 129,variable width,0.4 mile in length across portions of the SW1/45W1/4 ofsec.2,T.5 5.,R.82 W.,6th PM and the NE1/45E1/4 ofsec.3,T.5 5., R.82 W.,6th PM.BLM granted R/W for 1-70 Wolcott-Dowd Junction,Proof of Construction 7/11/1973,fed Aid Project #1-70-2(9). SUBJECT TO BLM plats depict railroad right-of-way across the 5W1145W114 of sec.2, T.5 5.,R.82 W.,6th PM,BLM Serial #C-093762. Special Use Permits and/or rights of prior use: Private powerline issued to Colorado-Ute Electrical Association,Inc.on 8/27/1964,BLM Serial #C012259$,50 feet in width across portions of sec.2,T.5 5.,R.82 W.,6th PM and portions of sec.3,T.5 5.,R.$2 W.,6th PM.Transferred to Holy Cross Electric Association Inc.on 6/14/1968.Issued Special Use Permit,ASP2 on 9/16/1999,expires 12/31/2018 for 100 foot [50 feet either side of the centerline]for transmission lines. Non-Federal parties (Eagle County/Town of Avon)will obtain a permit relinquishment’for any portion of the permit area affected by the exchange,at or prior to closing.The Non-Federal Parties will be required to grant an equivalent replacement easement to Holy Cross Electric Association at closing. Village Parcel SUBJECT TO an easement issued to Colorado Department of Highways on 10/29/1 969, BLM Serial #C-i 129,variable width,0.4 mile in length across portions of Lot 3 of sec. 8,T.5 5.,R.81 W.,6th PM.BLM granted R/W for 1-70 Wolcott-Dowd Junction,Proof of Construction 7/11/1973,Fed Aid Project #1-70-2(9). SUBJECT TO a Special Use Permit issued to Holy Cross Electric Association,Inc.for maintenance access for the powerline that is immediately north of the parcel.The Non federal Parties (Eagle County/Avon)will obtain a permit relinquishment for any portion of the permit area affected by the exchange,at or prior to closing.The Non Federal Parties will be required to grant an equivalent replacement easement to Holy Cross Electric Association,Inc.at closing. 12 CDOT Relocation Parcel Outstanding rights identified in agency records: SUBJECT TO outstanding royalty rights for uranium,thorium,and fissionables to be mined and removed,gold and/or silver,lead,zinc,and other metallic and non-metallic minerals,6.25%oil,gas,and other minerals and related hydrocarbons mined and removed (Book 216,Page 311). Special Use Permits and/or rights of prior use: Gas pipeline [50 foot r-o-w]and meter station special use permit (H0L553)issued to Public Service Company of Colorado on 10/03/2009,expires 12/31/2038.The Non Federal Party (State Land Board)will obtain a permit relinquishment for any portion of the permit area affected by the exchange,at or prior to closing.The Non Federal Party (will be required to grant an equivalent replacement easement to Public Service Company of Colorado at closing. Sewer line Special Use Permit issued to Eagle River Water &Sanitation District (HOL369)on 10/22/2007 for operation and maintenance of a standby generator lifi station at Dowds Junction and buried sewer lines.The Non federal Party (State Land Board)will obtain a permit relinquishment for any portion of the permit area affected by the exchange,at or prior to closing.The Non-Federal Party will be required to grant an equivalent replacement easement to Public Service Company of Colorado at closing. Other:SLB is in the process of obtaining a Location certificate from Eagle County for this parcel. CVC Water Tank Parcel Special Use Permits and/or rights of prior use: Special Use Permit,H0L419,issued to Upper Eagle Regional Water Authority for a water tank:issued on 2/1 7/2010 expires 12/31/2029.Forest will provide written notification of termination to UERWA prior to issuance of the patent. Red Sandstone A Parcel (new water tank) Outstanding rights identified in agency records: The United States shall reserve a 40’width right-of-way for the Red Sandstone Road,F SR #700,as depicted in the plat attached as Figure 1.Such reservation shall 13 not interfere with ERWSD’s ability to place water lines and other utilities within the right-of-way provided the functional integrity of FSR #700 is maintained. Red Sandstone B Parcel Access road to Vail Substation under Special Use Permit to Public Service Company of Colorado and Holy Cross Electrical Association Inc.The Non Federal Party (ERWSD) will obtain a permit relinquishment for any portion of the permit area affected by the exchange,at or prior to closing.The Non-Federal Party will be required to grant an equivalent replacement easement to Public Service Company of Colorado at closing.Forest will obtain a waiver/relinquishment/permit amendment for any portion of the permit affected by the exchange at or prior to closing.ERWSD will be required to issue a substitute easement to Public Service Company of Colorado and Holy Cross Electrical Association Inc.at closing. Other 1.As noted above,four of the federal parcels are awaiting lotting and final legal descriptions by the Bureau of Land Management.The revised legal descriptions be incorporated into this agreement and no further amendment shall be necessary. 2.Consistent with the assumptions applied in the environmental analysis process as disclosed in the Eagle Valley Land Exchange Environmental Assessment dated November 6,2012,conservation easements will be conveyed to the Eagle Valley Land Trust for all or portions of the following parcels subsequent to the exchange closing. e West Avon (Town of Avon to EVLT immediately following conveyance of federal parcel to Town of Avon.) •Village (Town of Avon to EVLT upon designation of road alignment in accordance with an intergovernmental agreement between the Town of Avon and Eagle County.) •Cordillera (Eagle County to EVLT subsequent to the conveyance to Eagle County,and in no case later than October 31,2013.) 14 ATTACHMENT A Environmental Quality Provision In the event it is discovered,before the United States has recorded the deed which conveys the subject property to the United States,that the subject property (property to the United States)is contaminated,including but not limited to contamination resulting from solid wastes,hazardous wastes or substances,pollutants or contaminants,or other regulated substances,or that the subject property is in a condition which would constitute a violation of any applicable federal, State,or local laws or regulations relating to the protection of health,safety,or the environment, the United States may,at its sole election and without incurring any liabilities or obligations arising there from,either: 1)Declare this Exchange Agreement to be null and void:or 2)Adjust the acreage and description of the subject property (property to be conveyed to the United States)thereby excluding from the conveyance those portions of the parcel which are affected by the newly discovered contamination or condition.Correspondingly,the consideration to be given by the United States,as set forth under this Exchange Agreement shall be adjusted accordingly to reflect the adjustment concerning the subject property to be conveyed to the United States. All representatives,warranties,obligations and rights set forth herein shall survive the closing and not merge with the deed such that they are binding and enforceable even after the deed has been conveyed to the United States,but only until the United States has recorded the deed which conveys the subject property to the United States. 15 IL ii •1, Ui -] •U -- - -U -EL I --. -. -- - --. • - ‘C AMENDED SCHEDULE A Lands,interest in lands,the Non-Federal Parties will convey to the United States of America: fee title to the following lands in the State of Colorado,all within Eagle County: SIXTH PRINCIPAL MERIDIAN “North Edwards”(land and minerals to be conveyed via State of Colorado Patent) T.4 S.,R.$2 W., sec.16:all. The area described contains 640 acres,more or less. “Beard Creek”(land and minerals to be conveyed via Warranty Deed) T.4S.,R.$2W., sec.32,W1/2 SE1/4i\W1/4NW1/4SE1/4,W1/2NE1/4SWl/4NW1/4SEl/4,and NWI/4 SW1/4 NW1/4 SE1/4. The area described contains 5.00 acres,more or less. “Nottingham-Dickson Creek”(land only to be conveyed via Warranty Deed) T.4 S.,R.$1 W., sec.16,SE1ASW¼,N½$E¼,N1/2S½SE1A,N½NS1/2SE¼SE’A,SW1A$W¼SE¼, WY2SE¼SW%$E¼,WEV2SE1ASW¼SE¼and NE¼NE1ASE%SW%SE1A. The area described contains I $3.125 acres,more or less. North Edwards Parcel — Existing leases and tenancies,if any. This parcel is encumbered under State Land Board Lease No.37911 issued to the Colorado State forest/Colorado State University which expired June 30,2011,and is encumbered under State Land Board Lease No.40400 issued to the Colorado Division of Wildlife for Public Access Program which expires July 1,2013.Concurrent with the conveyance of this parcel,the State Land Board will notify the State Forest Service and the Colorado Division of Wildlife that the parcel has been eliminated from the respective leases. Eagle Valley Lex —Exchange Agreement Land reservations of the Non-Federal Parties and exceptions to title: Reservations: None Outstanding Rights: (Note:Numbered exceptions correspond with Title Commitment for respective parcel.) Beard Creek Parcel Exception 8.In addition,the owner’s policy will be subject to the mortgage,if any, noted in Section 1 of Schedule $hereof. Unacceptable -To be removed prior to conveyance to the USA. Exception 9.Existing leases and tenancies,if any. Exception 11.Ditch rights,claims or title to same. Exception 12.Terms,conditions,provisions,burdens,obligations and easements as set forth in Forest property boundary survey recorded June 19,1985 in Book 417 at Page 424. Exception 13.Terms,conditions,provisions,burdens and obligations as set forth in ruling of referee recorded June 10,1988 in Book 485 at Page 525 and agreement for joint use of spring recorded June 10,1988 in Book 485 at Page 529. Unacceptable -To be removed prior to conveyance to the USA,since it does not affect the subject parcel. Exception 14.Any tax,lien,fee,or assessment by reason of inclusion of subject property in the Edwards Metropolitan District,as evidenced by instrument recorded December 22, 1989,in Book 520 at Page 143. Exception 15.Terms,conditions,provisions,burdens and obligations as set forth in Exchange Agreement recorded February 01,2002 under Reception No.784755. Exception 16.Terms,conditions,provisions,burdens and obligations as set forth in United States patent recorded September 13,2004 under Reception No.890716. Nottingham Parcel Exception 6.Any and all unpaid taxes,assessments and unredeemed tax sales. Unacceptable -To be removed prior to conveyance to the USA. Exception 8.In addition,the owner’s policy will be subject to the mortgage,if any, noted in Section 1 of Schedule B hereof. Eagle Valley Lex Exchange Agreement Unacceptable -To be removed prior to conveyance to the USA. Exception 9.Existing leases and tenancies,if any. Exception 10.Any title or claim of interest of the United States of America,the state of Colorado or claimants thereunder,based upon assertion that said land was known to be mineral in character on the date the survey thereof was approved by the surveyor-general. Unacceptable -to be removed prior to conveyance to the USA. NOTE:THE ITEM ABOVE WILL BE DELETED UPON CONVEYANCE OF ALL RIGHT,TITLE AND INTEREST OF EDWARD W.NOTTINGHAM AND THE HEIRS AND/OR DEVISEES OF ROBERT E. NOTTINGHAM.SUBJECT TO ADMINISTRATION IN THE ESTATE OF ROBERT E.NOTTINGHAM, DECREASED,UNDER THE COLORADO PROBATE CODE IN THE LAND TO THE UNITED STATES OF AMERICA. Exception 11.All rights to any and all minerals,ores and metals of any kind and character,and all coal,asphaltum,oil,gas and other like substances in or under the land, the right of ingress and egress for the purpose of mining,together with enough of the surface of the same as may be necessary for the property and convenient working of such minerals and substances,as reserved in patent from the State of Colorado,recorded July 23,1971 in Book 221 at Page 135. Exception 12.Easements,conditions,covenants,restrictions,reservations and notes on the Forest property boundary survey recorded July 24,1986 in Book 445 at Page 758. Exception 13.Right of Way for Jeep trail which may traverse subject property. Exception 14.Any rights or interests of third parties which exist or are claimed to exist in and over the present and past bed,banks or waters of Dickson Creek. Exception 17.Notwithstanding the insuring clauses of the policy,the company does not insure against loss or damage by reason of a lack of access to and from the land. Eagle Valley Lex —Exchange Agreement Eagle Valley In -Exthmige Agreement