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McWilliams, Vaughn <br /> From: Bob Krassa [bob@krassa.com] <br /> Sent: Monday, April 11, 2011 11:00 AM <br /> To: Steven P. Jeffers; 'Ron Gasser'; McWilliams, Vaughn <br /> Cc: 'Rocco Meconi'; Madoline Wallace-Gross; Deb; tsanders@beaverparkwater.net; Gary <br /> Ratkovich; 'Clyde Young' <br /> Subject: Beaver Park- Brush Hollow Storage Agreement Deeds and Release of DOT <br /> Hi Steve - my preliminary comments on the draft documents, subject to any further comments from <br /> our client or others, are as follows: <br /> 1. The draft QCD listing the upper and lower canals and the inlet/outlet structures appears to track <br /> the QCD from BPWI to the CWCB as recorded 1/13/1982 at B672 p734 and looks fine. <br /> 2. The draft QCD listing the ditch linings and pipe appears to track the QCD from BPWI,to the CWCB <br /> as recorded 1/13/1982 at B672 p735 and looks fine. <br /> 3. The draft request for release of trust concerning the deed of trust recorded 6/10/1996 at B1250 <br /> p472 looks fine. <br /> 4. In addition, Vaughn on 24 Sep 2010 drafted and e-mailed a request for partial release of the <br /> deeds of trust to the CWCB dated 10/23/1996 as recorded 12/9/1996 at B 1268 p 279 as amended by <br /> amendment dated 4/1/1997 as recorded 4/25/1997 at rec # 661810 B1280 p 604. I looked at that <br /> draft again, it looks fine and should be considered part of the package. <br /> 5. The following comments regarding the draft Warranty Deed: <br /> a. Please insert east half of and west half of as noted below to conform the warranty <br /> deed more closely to the vesting deed from Colo Spgs to BPWI as recorded 1/21/1977 at B591 p <br /> 577. <br /> b. Please delete the sentence that reads, "Such water storage space shall include a <br /> sufficient interest in the dam, associated inlet and outlet facilities, and the real property upon such <br /> structures, facilities and the high water line of said reservoir are located to store water in and release <br /> water from said water storage space." Such an interest would confuse the title and is not included in <br /> the ownership interest to be conveyed to Penrose as described in section 1.a or elsewhere in the <br /> Agreement for Storage Space. Upon Closing, Penrose will have the necessary rights to use the <br /> space under that Agreement, which has been recorded 9/28/2010 at rec # 878543. <br /> c. Accordingly, the legal description section of the draft warranty deed should be revised <br /> to read (I also corrected a typo by taking out an extra 'in" following "within" in the second line) <br /> 500 acre-feet of active water storage space in the reservoir known as Brush Hollow <br /> Reservoir, which is located within portions of: the East half of the Northeast quarter of Section 25, <br /> Township 18 South, Range 69 West of the 6th P.M.; the East half of the East half of Section 24, <br /> Township <br /> 18 South, Range 69 West of the 6th P.M.; the West half of the Northwest quarter of Section 30, <br /> Township <br /> 18 South, Range 68 West of the 6th P.M.; and the West half of the West half of Section 19, Township <br /> 18 <br /> 1 <br />