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HomeMy WebLinkAbout1.05 Chevron Consent LetterFebruary 3, 20 L4 Ray Tenney Deputy Chief Engineer Colorado River Water Conservation District P.O. Box 1120 Glenwood Springs, Colorado 81602 MK DeBerry Area Manager Rocky Mountain Area Chevron North America Exploration and Production Company a Chevron U.S.A. Inc. Division 760 Horizon Drive, Suite 400 Grand Junction, CO 81506 Tel 970-257-6005 mkdeberry@chevron.com Via Email Re: Conditional Use Permit ("Permit") from Garfield County Plmming Commission ("County") to construct a Water Storage Facility ("Facility") Dear Mr. Tenney: The Colorado River Water Conservation District and Bluestone Water Conservancy District (collectively refened to herein as "Bluestone Committee") are planning to construct the Facility with a storage capacity no larger than 3 acre-feet on property owned by Chevron U.S.A. Inc. ("Chevron") in Sections 7 and 18, Township 8 South, Range 97 West, 6'h P.M., Garfield County, Colorado ("Land"). The Bluestone Committee has requested pennission from Chevron to seek a Pemiit from the County to construct the Facility on the Land. Chevron is negotiating a surface use agreement with the Bluestone Committee concerning the proposed Facility, however, no. contract governing the construction of the Facility has been executed by Chevron and Bluestone Committee. Chevron supports the Bluestone Committee's pursuit of a Penn it to construct the Facility notwithstanding the absence of an executed agreement at this time. The Bluestone Committee is aware that the details of the Facility disclosed in the Permit application are subject to change upon execution of an agreement with Chevron governing the Facility. Further, the Bluestone Committee is aware that no activities of any kind related to the Facility or its construction will occur on Chevron's Land until an agreement has been executed by Chevron and the Bluestone Committee. If you have a question, please do not hesitate to contact Kevin McCarty at 713-372-0821 or KevinMcCarty@chevron.com. Sincerely, Michael DeBerry to e Committee agrees to pursue a Permit for the Facility subject to conditions and limitations above. -.--A~ 15 IA;tVl W TH €; S~l'C:..t:TA ~'( Title:Oi:: 1H-E; TuJESIDNG Cot14 f\1 J ITGEi Date: M~ 'l.B t '2-0\4- SPECIAL POWER OF ATTORNEY KNOW ALL PERSONS that CHEVRON U.S.A. INC., a corporation duly organized and existing under the laws of Pennsylvania, United States of America (the "Company"), APPOINTS MICHAEL DeBERRY in his capacity as an employee, a true and lawful general agent, legal representative, and Attorney-in-Fact of the Company (the "Attorney-in-Fact") with special power and authority in its name and on its behalf to e11ecute and perform the following: I. To sign and execute, upon terms and conditions as the Attorney-in-Fact deems appropriate, all lcgally-binJing document~ related to the exploration, development and production activities of the Company, including n.:lated abandonment and remediation, acquisition and divestment, adminislrative, commercial, financial, human resources, land, legal, procurement, technology and other services and conunitmcnts except as herein below slated, and no authority is conferred by this Power of Attorney for execution of the following: a. Leases or deeds to others covering oil, gas or other hydrocarbon or non·hydrocarhon minerals underlying fee lands of Company where either book value or sale price exceeds Twenty-Five Million Dollars ($25.000,000.00) or the acreage exceeds Six Thousand Four Hundred (6,400) acres; b. Deeds or conveyances to others covering fee lands of Company, other than rights of way and similar easements, where either hook value or sale price exceeds Twenty-Five Million Dollars ($25,000,000.00); c. Documents, instruments or promissory notes in support of any borrowings; provided, however, that promissory notes and other documents given as consideration for the acquisition of real or personal property shall not be deemed to constitute a borrowing; d. Documents or agreements establishing bank accounts in the name of Company or withdrawing of J'umJ:; or closing of any bank accounts of Company. 2. To perform every act and thing that may be necessary to carry out the granted powers as fully as the Company might itself do; however, no delegation or substitution of the powers granted herein by the Attorney-in-Fact is permilt.:tl. Unless sooner revoked or terminated, this Power of Attorney shall remain in full force and effect for a period of one year beginning on November 1, 2013, or until the Attorney-in-Fact is no longer an employee of Chevron U.S.A. lnc., whichever occurs first. Upon revocation or other termination this Power of Attorney shall be returned to the Company but the failure so to return it shall not prevent its revocation or termination. IN WITNESS WHEREOF, the Company has caused this instrument to be executed this I st day of November 2013. ST A TE OF TEXAS § COUNTY OF HARRIS § CHEVRON U.S.A. INC. By: TJ __ (__ Bruce Niemeyer Vice President This instrument was acknowledged before me on the ]st day of November 2013, by Bruce Niemeyer, Vice President of CHEVRON U.S.A. INC., a Pennsylvania corporation, on behalf of said entity. -~-G-<:-·: ~~/:-- Notary Public, State of Texas 1Jefuvare PAGE 1 Tfie :first State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "GETTY OIL EXPLORATION COMPANY", A DELAWARE CORPORATION, WITH AND INTO "CHEVRON U.S.A. INC." UNDER THE NAME OF "CHEVRON U.S.A. INC. ", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF PENNSYLVANIA, AS RECEIVED AND FILED IN THIS OFFICE THE THIRTIETH DAY OF APRIL, A.D. 2002, AT 9:05 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF MERGER IS THE FIRST DAY OF MAY, A.D. 2002, AT 2 O'CLOCK P.M. 1111111 11111 1111111 111111111 11111111111111 1111111111111 669006 02/22/2005 02:07P 81664 P367 M ALSDDRF 1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO 0784181 8100M 050107962 Harriet Smith Windsor, Secretary of State AUTHENTICATION: 3674757 DATE: 02-09-05 I llllll lllll lllllll llll 11111111111111111111111111111111 669006 02/22/2005 02:07P 81664 P368 M ALSDORF 2 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO CERTIFICATE OF MERGER OF GE1TY Oil.EXPLORATION COMPANY WITH AND INTO CHEVRON U.S.A. INC. It is hereby cenified that: STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 09: 05 AM 04,/30,/2002 020274446 -0784181 I. The constituent business corporations participating in the merger herein certified are: (i) Getty Oil Exploration Company, which is incorporated under the laws of the State of Delaware; and (ii) Chevron U.S.A. Inc., which is incorporated under the laws of the State of Pennsylvania. 2. An Agreement of Merger has be.en approved, adopted, certified, executed and acknowledged by each of the aforesaid constituent corporations in accordance with the provisions of subsection ( c) of Section 252 of the General Corporation Law of the State of Delaware, to wit, by Getty Oil Exploration Company in the same manner as is provided in Section 251 of the General Crnporation Law of the State of Delaware and by Chevron U.S.A. Inc. in accordance with the laws of the State of its incorporation. 3. The name of the surviving corporation in the merger herein certified is Chevron U.S.A. Inc., which will continue its existence as said surviving corporation under the name Chevron U.S.A. Inc. upon the effective date of said merger pursuant to the provisions of the laws of the State of its incorporation. 4. The certificate of incorporation of Chevron U.S.A. Inc., as now in force and effect, shall continue to be the certificate of incorporation of said surviving corporation until amended and changed pursuant to the provisions of the laws of the State of its incorporation. 5. The executed Agreement of Merger between the aforesaid constituent corporations is on file at an office of the aforesaid surviving corporation at: 575 Market Street, San Francisco, CA 94105. 1111111111111111111111111111 111111111111111111111111111 669006 02/22/2005 02:07P 81664 P369 M ALSDORF 3 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO 6. A copy of the aforesaid Agreement of Merger will be furnished by the aforesaid surviving corporation, on request, and without cost, to any stockholder of each of the aforesaid constituent corporations. 7. The aforesaid surviving corporation does hereby agree that it may he served with process in the State of Delaware m any proceeding for enforcement of any obligation of Getty Oil Exploration Company, as well as for enforcement of any obligation of said surviving corporation arising from the merger herein certified, including any suit or other proceeding to enforce the right, if any, of any stockholder of Getty Oil Exploration Company as detennined in appnrisal proceedings pursuant to the provisions of Section 262 of the General Corporation Law of the State of Delaware; does hereby irrevocably appoint the Secretary of State of the State of Delaware as its agent to accept service of process in any such suit or other proceedings; and does hereby specify the following as the address to which a copy of such process shall be mailed by the Secretary of State of the State of Delaware: Corporate Se~.-etary Department, Chevron U.S.A. Inc., 575 Market, San Francisco, CA 94105. 8. The merger is to become effective on May 1, 2002, 2:00 P.M., Eastern Standard Time. Dated: May I. 2002 CHEVRON U.S.A. INC. By: lsfFrank G Soler Frank G. Soler Its: Assistant Secretary ~&11.1/tt" ro: I llllll lllll llllll lllll 11111111111111111111111111111111 U.S. Corp Works, Inc. 3500 East 17th Ave. Denver, CO 80206 607271 07/18/2002 02:2eP 81370 P408 " ALSDORF 1 of 7 R 3e.00 D 0.00 GARFIELD COUNTY co COMM'. NWEALTH 0 F P E N N S Y L V A N I A D E P A R T M E N T 0 F S T A T E JULY 02, 2002 TO AL .. WHOM THESE PRESENTS SHALL COME, GREETING: CHEVRON U.S.A. INC. I. C Michael Weaver. Secretary of the Commonwealth of Pennsylvania do hereby certify that the foregoing and annexed is a true and correct photocopy of Articles of Merger which appear of r~cord in this department IN TESTIMONY WHEREOF. I have hereunto set my hand and caused the Seal of the Secretary's Office to be affixed, the day and year above written. ---~·-0~~t~~ Secretari-~the Commonwealth TCHI Erimy Number 149371 Sime PENNSYLVANIA DEPARTMENT OF STATE CORPORATION BUREAU Articles/Certificate of Merger (I St'a.C.S.) .....x_ Domestic Busincas Corp1ration (§ 1926) __ Domestic Nonprofit Corpo1ation (§ S926l _Limited Panncnhip (§ !S47) The Prentice-Hall Corporation System, Inc. Doc111nt111 wlll he R11:ar11td lo lh~ aame •IMI ...... , )'Oii enter tn ....... ...... 2704 Commerce Drive, Suite B .. Harrixburg, ••• Pll. "'""'" 17110 .X~.~' .. ~.'.9.~P.1.~!.~A~.!!!~!\i~~~l.f~.~~.'!'!~.. Filod in'"" Dep•runen•ofS~te 00 __ M'_R_3_0_2_00_2_ Party in additional 10 two •~nNAQ~:to~~ In c.1mrli11no;c 1o1o11h fl• Nquiranenll of the 1ppli'6ble prt'lvi1ion1 (rel11in1to1rticle1 or mcr;or or cnn~ol11l.it1(')n), lh• und'-"l'~i!;l"ed. ~la.inn.: tu clTect a merpr. hereby Mite that: I Thi: n1mc t1f1h11 corporiatkm.ilimitcd partnership survivin1 the mercer is: Chevron U.S.A. Inc. =i .. ClwcA: and c111Hp#1' uM o/ dw followlltg· J_ The survi11m1 c~ied pannenhip is a domestic bm.iness/nonprofh corporationllim1tcd panncr::.~up and lhc: (a) address of ita Qunm& iqisaered ofJ"ICC in this Commonwallh or (b) name of its commercial registered <Jffice rrav•r and the CICIU$)' of venue ts (thl Dcpanmcnt is hcrc:by authorized to comx.t the rollowing informat11,)J1 to cnnf'orm kt the n:conk or thl Department): (a) Sumbcr 1nd S&recl City s-Zip C0Lc1nty (bl S•rM or Co=l lt18b1tcred Ofllcc Pfovidcr ,,.11 the Prentice• all orporation Syst••• Inc. County Dauphin County _The wrviv1na: ~hnW partnlnhip is• qualified fonip businculnanprofit cn11Kfttion /limited pmnnmh1p 1ncorpanWcUformed wMllr tht laws of Ind the (1) lddrcu or its current registered oMce in this C~walth or (h) ume of its commerdll rqistcrcd offics providlr and the coumy of venUd is (1he o.,,.nment ii hcfclty·alllhorized to comet thl followin1 intormadon to conform to the records 0(1he Department): (al Number •nd Stred City SUie Zip County (b) ~ame of Commadal ltqislcrcd OIJicc Provider County ~· _Thi wrv1v1na corponilioallimiled pMlftCnhip ii a ncmqualified t'm:ip husinesslnonprorlt corporali0ft/lin1i1ed ,..,....,.,,.,.1wpcu....,.1111ed_.,tbeLawso( pd the~ or its princ1pal 11fficc under the llw• or web dnlllidt~ jllrildicdon ii: Surnbcr Md SU. Cky -Zip 1111111111111111111111111111111111111111111111111111111 &07271 07/18/200 02 00~02~:R~~~~~ ~~~~T~ ~~SDORF 3 of 7 R 35.00 · ----mml·1516 DSCR: l 5· 192615926.S547-·Z .\ The name 3nd 1he address of the rcr.;is1ercd uffice in this Commonwealth or 111meofits commc:n:1;1I rc;:t~i~1c,• ••lfice provider ;ind the county of venue o( eai:h other domestic buaineu/ftOnpl'Otlt C01'JHll'llion/IJnu1cd partnnd11p .11at 4u;,alilicd f,1rc1gn busmeJ.\o nonprofit cnrpon.tion/\imitcd panncnhip which is a p111y to the plan <lr n~r :er "' .-,~ foJlt1\l.S G~·;~Y 011 RT::~e:1~~~H:t1.ress Exploration Corpuration System, Company Inc. Inc. Commercial R•1i11cred omc11 Prcwider 2711 Centerville Road Suite 400 Wilmington, DE 19808 C•"ir11v New CJ·,' le 4 Ch~"'Ck. ,md 1f appropriat~ complete. mu!nf thr fellowuw: ~ 0 J _ Th11plan11fm¢1:<n shall be effective upon fflin1 these Anic:les1CeniRc.te ofMerpr in the Departmc.it nf ,.,1.11e . .!__ Theplanofmcr1crsh1llbceffcc11vcnn: May l, 2002 11 2:00 P.H., eS'f Dal• Hour The manner 1n \l,hich th• plan ofmcrprwu adopled by .ch domes1iccorporationllifnitec1P1rtnership1s us tl'llows: Same MIMCI' of Adoption Chevron U.S.A. Inc. Adopted by •ction of the •h•reholders pur•uant co 15 Pa c.s. 11905 StnU ""' ,,.,,. P'"Ofll'OPlt if no fonlfl'l 'OrporotloNU.i#dptNtMl'dlip U a f'll"Y to tM ·~· The p&.n -. .. autharized. adopted or •pprowed. as the case may be. by the lbrcip busiftesllnonprofit "'"t'l'plfttHlf\lllftlii.t paMCrahip (C'll' mch o(ltlc foceip ~fk c:orponlicnu/limitcd partnerships) party to lhc plan in JCCordancc with the lliw1 of the jurisdiction in which it ii incorpon&ed/ocpnizcd. 1. <. "Jwr:k. fllltl •f apprvpnoi. CtHllpkk. au of tlttt following: .!,_ T1w 1'1•tJ 1•r......,. la Ml t'oM In full la llhiltil A ltllelhed hlNte Md medt 1 Plft Mrwor. _ PWIUIM "1 15 h.(.".5 .• 190llf 1!47(b) (Nfliinl to omillian a( ccnain prowilians from filed plans) the provisions, 1f my, of lhc pl• of rmrpr lhll amcad cir COftldluie \he opm.ti"9 prowisinnl oflhe Articles of l~1mwe'cniticllc of Limited P.-rsh1p oldie surviwift& corpomianllimitc:cl ~p u in effect sufn.awmt IO the cffi:aivc cll&eofthe plan•~ ICt forth in f'ull in EMibil A 1uachcd hcmn and made a pany hereof. The full telit of1hc plan ofmcqcr ii an Ole It the principal pl1cc ofbUlinaa oflhc sul'YivinJ c:orpontfonilim11c:d p.rtricnhir. Ch• Mlch11 o(whlch i1. City Staoc Zip County ---200204l·1517 OSCB; I~-l92M592(118547.J -zr::~~~i:':.i~i;;;;;;;r; •• ~""'~""~~ Sipature • £ k;c;,1<..ia&'> $Ee.Pp Tl'rC'f Thie 111111111111111111111111111111111111111111 lllll llll llll &07271 07/18/2002 02:25P 81370 P412 M ALSDORF 5 of 7 R 35.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A AGREEMENT AND PLAN OF MERCER This AGREEMENT A.'1D PLAN OF MERGER (this "Agreetnent"), dated"'' ot \pril 29, 2002, by and atnong Chevron U.S.A. Inc., a Pennsylvania corporation (''CUSA .. ) .. rn.t Getty Oil Exploration Company, a Delaware corporation (''GOEC"). WITNESSETH: WHEREAS. CUSA is a corporation duly organized and existing under the l.iw\ ut the Commonwealth of Pennsylvania; and WHEREAS, GOEC is •corporation duly organized and ex.isling under the la"" of the Seate of Delawue; and WHEREAS, the Board of Directors of eacb ofCUSA and.QOEC deems itde:.ioabl•.--·--·---------·. upon the terms and subject to the conditions stated herein. that GOEC be merged with and into CUSA, and that CUSA be the surviving corporation (the "Merger"); NOW, THEREFORE, it is agreed as follows: SECTION I Merser· Eft'q I. I At the Effective Time (u hereinafter defmed), GOEC shall be merged woth and into CUSA. with CUSA u the sole surviving corporation (the "Surviving Corporation") 1.2 At the Eft"ective Time: (a) Each then-outstanding share of capilaf llOck of CUSA shall. by virtue of the Merger and without any action on the pan of the bolder thermf, remain unchanged and continue to remain outstanding u one share ofcapilaf s1Dek of the Surviving Corporation. (b) Each then-outstanding share of capilaf s1Dek of GOEC shall, by vinue of the Merger and without any action on the pan of the holder thereof, be canceled and no consideration shall be i11ued in respect thereor. SECTJON2 Effective Tjme 2.1 rr thi1 Asnement is duly adopted by the lladdtolden of each or CUSA ai1d GOEC and i1 not tenninated in accordance with Section S h•rror. a certincate of mer~er • I . U(IW11!~~ff~!E•~ ~11111111111111111111/1i 1111/ 11/ 6 of 7 R 3!.00 D 0.:e2:~::~L7D0 P413 M ALSDORF COUNTY CO reflecting this Agreement (the "Cenificate of Merger") shall be filed with the Secretary c·rS:o,1" of the State of Delaware and articles of merger reflecting this Agreement (the "Articles of Merger") shall be filed with the Secretary of State of Pennsylvania. 2.2 The Merger shall become effective (the .. Effective Time"') at the time of the filing of the Articles of Merger with the Secretary of State of Pennsylvania (ouuch later time"' ma·1 be specified therein). SECTION3 Certificate oflncorporation and Bylaws J. l At the Effective Time. the Amended and Restated Articles of Incorporation of CUSA. as amended through the Effective Time. shall be the Amended and Restated A1t>cles of Incorporation of the Surviving Corporation. 3.2 Al the Effective Time, the By-Laws ofCUSA. as amended through the Effccti~ Time, shall be the By-Laws of the Surviving Corporation. SECTION4 Directors and Olficm 4.1 The directors and officers of CUSA immediately prior to the Effective Time of the Merger shall be the cfuectors and officers, respectively, of the Surviving Corporation SECTIONS S. I Al any lime prior to the Effective Time, notwithstanding approval of this Aareemea1 by the t10Clcbolden of CUSA and/or GOEC, this A.,.....en1 moy be amended, to the 1Ulles1 exlenl permitted by applicable law, by an .,.......ent in writins duly approved by each of CUSA and GOEC. S .2 At any lime prior to the Effective Time. ootWitlutmding approval of this A1reetnent by the stockholders of CUSA 1111d OOEC, this "-ent may be terminated and abandoncod by CUSA. . ~. 11111111111111111111111111111111 lllllll Ill lllll llll llll 607271 07/18/2002 02:2!P 81370 P414 n ALSDORF 7 of 7 R 3!.00 D 0.00 GARFIELD COUNTY CO ---m204l·1520 IN WITNESS WHEREOF, CUSA and GOEC have caused th;, Agreement 10 i,,, executed by its duly authorized officers, u of the 29" day of April, ~.002. CHEVRON U.S.A. INC. ~ C> ,, i/- By 4..._k:_ I ·~{.'\,~ - Name: 'ff!.t>lt-~. Sc:Lc!L -· - Title: Assistant Secretary GETTY On.EXPLORATION COMPANY a. c;· .. --/--' By· Tu~l t • ~~f _- Name "fC4.tJ 1'... Gi;.. ~ C.c#L Title: Assistant Se«etary )'l • <? f "VJ. JAN 19 1988 Recorded at vi / I ?L o'clock _ __,__,. Reception No. J89138 MILDP.ED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO DEED KNOW ALL MEN BY THESE PRESENTS: GARFIELD 3"a_tJ. \ C\, \C\Q'{ State Doc; Fee $_,s __ 1: __ That this deed is made effective as of the 31st day of December, 1984 by and between Getty Oil Company, a Delaware corporation,. (hereinafter referred to as 11 Grantor11 ) and Getty Oi 1 Exp 1 oration Company, a De 1 aware corpora ti on (hereinafter referred to as 11 Grantee 11 ). W I T N E S S E T H: WHEREAS, Grantor is the owner and/or holder of those certain shale oil prop- erties, and lands in Mesa and Garfield Counties, Colorado, described in Exhibits "A" and 11 811 attached hereto and by this reference made a part hereof (hereinafter collectively referred to as the 11 Properties11 ); and NOW THEREFORE, for and in consideration of one dollar and other good and valuable considerations, the receipt of-which is hereby acknowledged, Granior does hereby quitclaim, bargain, sell and convey unto Grintee, all of Grantor's right, title and interest in and to the Properties, together with all ·improvements situated thereon and all water rights, permits and appJications, and reservoir and ditch rights, appertaining or belonging thE/reto or used in connection therewith, and other appurtenances thereunto be'ionging. Grantee does hereby accept this deed subject to easements, rights of ways, exceptions and any and all reservations appearing of record affecting any of the Properties and/or rights granted. To have and to hold the same toqether ~ith all and sinqular the appurtenances thereunto belonging or in any\vise appertaining to -Grantee, arid all the estate, right, title, claim and demand whatsoever, of the Grantor, either in law or equity, of, in and to the Properties, together with all improvements situated thereon and all water rights, permits and applications, and reservoir and ditch rights~ appertaining or belonging thereto or used in connection therewith, and other appurtenances thereunto belonging. Thi~ d~ed shall extend to, be binding upon, and inure to.the benefit of the successors, and assigns of Grantee. .·~ GRANTEE: GE~TY ll pPLORrno~ COMPANY By. ~·l~ t orney~ STATE OF COLORADO CITY AND COUNTY OF DENVER The foregoing i nstru~t wasA:cknowl edged before me this ;ff-:lt.1 day of -::/Jt;IL!.~~-:::J__, 19~, by ~·C· ~:l1~1 ~ , to be known to be the executed the f regoing instrument as Vice President of Getty Oil my hand and offici0l seal. Notarv P'ubfic: My Comissionv Expires·: Address: Notary Public: ... My Comission Expires: . : . . I \ C'. .,: :,,' -. ''.• Address: T8S-R97W Section 17: Secticn 18: Section 19: Section 20: Section 21: Section 28: EXHIBIT "A" MESA COUNTY W/2NW/4; SW/4; S/2SE/4. .NE/4; N/2SE/4; SE/4SE/4. NE/4NE/4. BOJ~ 728 PAGE 20 NE/4; NW/4NW/4; N3/4 NE/4SE/4; undivided 278/840ths interest in SE/4SE/4. SW/4NW/4; N/2SW/4; SW/4SW/4; and lots 1, 2, 3 and 4 of Sunshine Addition. That part of Lots 7, 8, 9, 10 and 11 of the Colorado and North- western Investment Company 1 s Orchard Subdivision lying West of center of Roan Creek; That part of the SE/4NE/4 and NE/4SE/4 lying West of the cent2r of Roan Creek and West of the center line of the County Road designated as 44 Road and North of V-2 Road excepting a portion thereof included in The Colorado and Northwestern Investment Company 1 s Orchard Subdivision and also excepting therefrom any platted lots in the Town of DeBeque. Also except beginning at a point from which the NW corner of the SE/4 of Section 28, Township 8 South, Range 97 West, 6th P.M. bears N 89°27'56" W a distance of 1286. 81 feet, thence N 89°11 1 52" E 351. 23 feet to the Westerly right of way line of County Road 44, thence along said Westerly right of way the following courses and distances: S 27°42 1 56" W 263.15 feet, thence on a curve to the right having a radius of 930~79 feet a curved distance of 205.59 feet, the~ce on a curve to the left having a radius of 304.36 feet a curved distance of 143.51 feet, thence S 1°16 1 29" E 341.95 feet, thence leaving the Westerly right of way line of said County Road N C7°10 1 02 11 W L02.19 feet, thence N 7°46 1 09 11 E 209.61 feet, thence N 1°41'53" E 174.68 feet, thence N 26°36 1 43 11 E 151.06 feet, thence N 353.62 feet more or less to the true point of beginning; Lots 5, 7, 8, 9, 10, 11, l~, 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 26 and 27 of Sunshine Addition to DeBeque; Lots 1,2,3,4 of Colorado Northwestern Investment Company's Subdivision out of the Orchard Subdivision to the SW/4NE/4, SE/4NW/4 and W/2SE/4; Lots 5 and 6 of the Colorado and Northwestern Investment Company's Orchard Subdivision; SW/4SE/4 lying South and East of Rio Grande Junction RR; A tract or parc~l of land with~n the SW/4SE/4 described as follows: Beginning at a point in the East 1 ine of the SW/4SE/4 of said Section 28 distant 50 feet southeasterly measured at right angles from the center line of the main track of The Denver and Rio Grande Western Railroad Company as now constructed and operated over and acros-: said subdivision; thence Southwesterly parallel with said center--··l i ne< .. ~f.·'ma in track and 50 feet southeasterly therefrom about 875 feet to a point in the South line of said subdivision; thence easterly along the South line of said subdivision about 540 feet to the southeast corner of said subdivision; thence Northerly along the east line of said subdivision about 690 feet to the point of beginning, containing 4.28 acres, more or less; subject to re.::;er- vations in that certain Special Warranty Deed recorded in Boak 552 Page 28 of Mesa County, CO.; SW/4SW/4. T8S-R97W Mesa County, CO Section 29: Section 32: Section 33: T9S-R97W Section 13: Section 24: T7S-R96W Section 32: T8S-R96W Section 4: Section 5: Undivided 278/840ths interest in E/2NE/4; Lots 20, 29 and 30 of Sunshine Addition to DeBeque; SW/4SE/4 and SE/4SE/4. NW/4NE/4; and Lots 1, 2, 3, 19, 20 and 21 except the North 264 feet of Lot 19, Francisco Gardens Subdivision; Also, beginning at the NE corner of the SE/4 of said Section 32, thence West 912 feet, thence South 566 feet to the right of way of the Rio Grande Junction Railroad, thence Northeasterly along said right of way to the East line of said Section 32, thence North 231 feet to point of beginning; Also, beginning at the NW corner of the SW/4NE/4 of said Section 32, thence S 01°08 1 E 1334.2 feet, thence N 89°32 1 E 217.8 feet, thence N 33°32 1 E 260.4 feet, thence along a curve to the right, with a radius of 323.7 feet and a central angle of 54°18 1 , 306.77 feet, thence N 87°50 1 E 216 feet, thence N 73°25 1 E 103.2 feet, thence N 84°55 1 E 264 feet; thence N 58°56 1 E 495 feet, thence S 89°49 1 W 25 feet, thence N 0°27 1 W 635 feet, thence S 89° 48'W 320.4 feet, thence N 0°11 1 W 25 feet, thence S 89°48 1 W 1296.9 feet to point of beginning. Lots 4, 5, 6, 7, 8, 15, 16, 17 and 18 of Francisco Gardens except beginning at the SE corner of Lot 4, thence West 52 feet to p6int of beginning, thence N 180 feet, thence W 80 feet, thence S 180 feet, thence E to point of beginning; Also, beginning at the NW corner of the SW/4 of said Section 33, thence East 628 feet to right of way of Rio Grande Junction Railroad, thence Southwesterly along said right of way to a point where the same intersects the West line of said Section 33, thence North 231 feet to point of beginning; SE/4SE/4, E/2SW/4SE/4, S3/4NE/4SE/4, S3/4E/2NW/4SE/4, also known as (aka).the South 7/8ths. of the East 3/4 of the SE/4. N/4 NE/4NE/4 and N/2 ~~/4NW/4NE/4. The Southwest Quarter of the Southwest Quarter (SW/4SW/4), the Southeast Quarte~ of the Northwest Quarter (SE/4NW/4) and the East One-Half of the Southwest Quarter (E/2SW/4). Lot 4. Lots 1, 2 and 3; That part· of Lots 4 and 5 and of the Southwest Quarter of the Northwest Quarter (SW/4NW/4) in Section 5, Township 8 South, Range 96 West of the 6th P. M. described as fo 11 ows: Beginning at the Northwest corner of sai-d Lot 4, thence South 29°04 1 East 3120. 6 feet to the bank of the Colorado River; thence Northeasterly along . the Easterly line of said Lot 5 to the Northeast corner thereof; thence West along the North line of said Let 5 to the Northwest Corner thereof; thence North along the East line of said Lot 4 to the Northeast corner thereof; thence West along the North line of said Lot 4, to the point of beginning, containing 53.11 acres. End of EXHIBIT 11 A11 -2- T5S-R97W Section 1: Section 2: Section 3: Section 4: Sec ti on 5: Sect i pif' 9: Section 10: EXHIBIT 11811 BOO~ 728 PAGE 22 GAR FI ELD COIJNTY The Triumph No. ~1 claim, comprising Lots five (5), six (6), seven-(7) and eight (8), also known as (aka) Lot 5 being the 37.54 acres being the NE/ 4NE/ 4, Lot 6 being the 37. 82 acres being the NW/4NE/4, Lot 7 aka 38.10 acres being the NE/4NW/4 and Lot 8 aka 38.38 acres being the NW/4NW/4; The Triumph No. 22 claim, comprising the S/2N/2; The Triumph No. 23 claim, comprising the N/2S/2; The Triumph No. 24 claim, comprising the S/2S/2; J. D. No. 1 claim, comprising Lots five (5) and six (6) and the S/2NE/4; with Lot 5 aka 38.67 acres being the NE/4NE/4 and Lot 6 aka 38.95 acres being the NW/4NE/4; J.D. No. 2 claim, comprising Lot seven (7) and Lot eight (8) and S/2NW; with Lot 7 aka 39.25 ~cres being the NE/4NW/4 and Lot 8 aka 39.55 acres being the NW/4NW/4; F.D. No. 7 claim, comprising the SE/4; F.D. No. 8 claim, comprising the SW/4. J.D. No. 3 claim, comprising Lots five (5) and six (6) and the S/2NE/4; with Lot 5 aka the 39.80 acres being the NE/4NE/4 and Lot 6 aka the 39.99 acres being the NW/4NE/4; J.D. No. 4 claim, comprising the SE/4; J.D. No. 5 claim, comprising Lots seven (7) and eight (8) and the S/2NW/4; with Lot 7 aka the 40~19 acres being the NE/4NW/4 and Lot 8 aka the 40.38 acres being the NW/4NW/4; J.D. No. 6 claim, comprising the SW/4. A.O. No. 1 claim~ comprising Lots five (5) and six (6) and the S/2NE/4, with Lot 5 aka the 40.49 atres beins the NE/4NE/4, and Lot 6 aka the 40.50 acres being the NW/4NE/4; A.O. No. 2 claim, comprising Lots seven (7) and eight (tl) and the S/2NWt4, with Lot 7 aka th~ 40.52 acres be-fng the NE/4NW/4 and Lot 8 aka the 40.53 acres being the NW/4NW/4; · P.O. No. 7 claim, comprising the SE/4; P.O. No. 8 claim, comprising the SW/4. A.O. No. 3 claim, compr1s1ng Lots five (5) and six (6) and the S/2NE/4; with Lot 5 aka the 40.63 acres being the NE/4NE/4, and Lot 6 aka the 40.80 acres being the NW/4NE/4; A.O. No. 4 claim, comprising Lots. seven -S/2NW/ 4c;::,"wi th Lot 7 aka the 40.98 acres 8 aka the 41.16 acres 6'efog the NW/4NW/4. P.O. No. 3 claim, comprising the NE/4; P.O. No. 4 claim, comprising the SE/4; P.O. No. 5 claim, comprising the NW/4; P.O. No. 6 claim, comprising the SW/4. J. D. No. 7 claim, compri s itig the NE/4; -3- (7) and eight (8) and ~<=:.:L~_g,J.b~e ~sL.iNW/'l_~nd the Lot T5S-R97W Section 10: Section 11: Section 12: Section 13: Section 14: Section 15: Section 16: \•ij: Section 17: J.O. No. 8 claim, comprising the NW/4; P.O. No. 1 claim, comprising the SE/4; P.O. No. 2 claim, comprising the SW/4. F.O. No. 3 claim, comprising the NE/4; F.O. No. 4 claim, comprising the SE/4; F.D. No. 5 claim, comprising the NW/4; F.O. No. 6 claim, comprising the SW/4. Triumph No. 25 claim, comprising t~e N/2N/2; Triumph No. 26 claim, comprising the S/2N/2; Triumph No. 27 claim, comprising th~ N/2S/2; Triumph No. 28 claim, comprising the S/2S/2. BIJOK 728 P~6E 23 Garfield County, CO Triumph No. 29 oil shale placer mining claim, comprising the N/2N/2; Triumph No. 30 oil shale placer mining claim, comprising the S/2N/2; Triumph No. 31 oil shale placer mining claim, comprising the N/2S/2; Triumph No. 32 oil shale placer mining claim, comprising the S/2S/2. F.O. No. 1 oil shale placer mining ~laim, comprising the NE/4; F.O. No. 2 oil shale placer mining claim, comprising the NW/4; C.O. No. 7 oil shale placer mining claim, comprising the SE/4; C.O. No. 8 oil shale placer mining claim, comprising the SW/4. Triumph No. 1 placer mining claim, comprising the S/2S/2; Triumph No. 2 placer mining claim, comprising the N/2S/2; Triumph No. 3 placer mining claim, comprising the S/2N/2; Triumph No. 4 placer mining claim, comprising the N/2N/2. Triumph No. 5 placer mining claim, co~prising the S/2S/2; Triumph No. 6 placer mining claim, comprising the N/2S/2; Triumph No. 7 placer mining claim, comprising the S/2N/2; Triumph No. 8 placer mining claim, comprising the N/2N/2. ~--~-·":C.l-:.-~.:~.~':~~_:::s;;: Triumph No. 9 placer mining claim, comprising the S/2S/2; Triumph No. 10 placer mining claim, comprising the N/2S/2; Triumph No. 11 placer mining claim, comprising the S/2N/2; Triumph No. 12 placer mining claim, comprising the N/2N/2. Section 19:. Coral T. No. 39 oil shale placer mining claim, comprising the E/2SW/4 and Lots seven (7) and eight (8); with Lot 7 aka the 37.:~ acres being the NW/4SW/4 and lot· 8 aka the 37 .99 acres being the SW/4SW/4; -4- T5S-R97v/ Section 19: Section 20: Section 21: Section 22: ~ection 23: Section 24: Section 25: Section 26: Section 28:· Section 29: BOOK 728 PAGE 24 Garfield County, CO Coral T. No. 40 oil shale placer mining claim, comprising t~e SE/4. Big. Bell No. 5 placer miring claim, comprising the NE/4; Big Bell No. 6 placer mining claim, comprising the SE/4; Big Bell No. 7 placer mining claim, comprising the NW/4; Big Bell No. 8 placer mining claim, comprising the SW/4. Big Bell No. 1 placer mining claim, comprising the NE/4; Big Bell No. 3 rlacer mining claim, comprising the NW/4. Triumph No. 15 placer mining claim, comprising the S/2N/2; Triumph No. 16 placer mining claim, comprising the N/2N/2. C.D. No. 3 oil sha1e placer mining claim, comprising the NE/4; C.D. No. 4 oil shale placer mining claim, comprising the SE/4; C.D. No. 5 oil shale placer mining claim, comprising the NW/4; C.D: No. 6 oil shale placer mining claim, comprising the SW/4. Triumph No. 33 oil shale placer mining claim, comprising the N/2N/2; Triumph No. 34 oil shale placer mining claim, comprising the S/2N/2; Triumph No. 35 oil shale placer mining claim, comprising the N/2S/2; Triumph No. 36 oil shale placer mining claim, comprising the S/2S/2. Triumph No. 37 oil shale placer mining claim, comprising the N/2N/2; Triumph No. 38 oil shale placer mining claim, comprising the S/2N/2; Triumph No. 39 oil shale placer mining claim, comprising the N/2S/2; Triumph No. 40 oil shale placer mining claim, comprising the S/2S/2. C.D. No. 1 oil shale placer mining claim, comprising the NE/4; C.D. No. 2 oil shale placer mining claim, c0mprising the NW/4; C.C.D. No. 7 oil shale placer mining claim, comprising the SE/4; C.C.D. No. 8 oil shale placer mining claim, comprising the SW/4. Clear Creek No. 1 plac~r~mining claim, comprising the NE/4; Clear Creek No. 2 placer mining claim, comprising the NW/4; Clear Creek No. 3 placer mining claim, comprising SE/4. Chicago No. 1 placer mining claim, comprising the NE/4; Chicago No. 2 placer mining claim, co~prising the SE/4; Chicago No. 3 placer mining claim, comprising the NW/4; Chicago No. 4 placer mining claim, comprising the SW/4. -5- T5S-R97W Section 30: Section 31: Section 32: Section 33: BOOK 728 PAGE 25 Garfield County, CO Coral T. No. 27 oil shale placer mining claim, comprising Lots five (5) and six (6) and the E/2NW/4; with Lot 5 aka 38.19 acres being the NW/4NW/4 and Lot 6 aka 38.40 acres ·being the SW/4NW/4, also that part of Tract 117 a~d 118 in the NW/4NW/4 and SW/4NW/4; Coral T. No. 28 oil shale placer mining claim, comprising the NE/4; Coral T. No. 29 oil shale placer mining claim, comprising the SE/4; Coral T. No. 30 oil shale olacer minina claim. comor1s1na Lots seven' (7) and eight (8) and the E/2SW/~, with.Lot '-;aka 38.62 acres being the NW/4SW/4 and Lot 8 aka 38.83 acres being the SW/4SW/4; and also that part of Tract 118 and 119 in the NW/4SW/4 and SW/4SW/4. Cora I I. No. 33 ciaim, comprising the E/2NW/4 and Lots five (5) and six (6); with Lot 5 aka 39.07 acres being the NW/4NW/4 and Lot 6 aka 39.34 acres being the SW/4NW/4; Coral T. No. 34 claim, comprising the NE/4; Coral T. No. 35 claim, comprising the N/2SE/4 and Lots ten (10) and eleven (11); with Lot 10 aka 39.54 acres being the SW/4SE/4 and Lot 11 aka 39.~4 acres being the SE/4SE/4; Coral T. No. 36 claim, comprising the NE/4SW/4 and Lots seven (7), eight (8) and nine (9); with Lot 7 aka 39.60 acres being the NW/4SW/4, Lot 8 aka 39.87 acres being the SW/4SW/4 and Lot 9 aka j9,96 acres being the SE/4SW/4; The Buck Canyon No; 3 placer claim, comprising that part of Tract 58 lying in the S/2S/2S/2 of the Section also described in Deed recorded in Book 240, page 192 of the County Records of Garfi e 1 d County, Colorado. Smuggler No. 1 placer mining claim, comprising the NE/4; Smuggler No. 2 placer mining claim, comprising the N/2SE/4 and lots one (1) and two (2); with Lot 1 aka 39.60 acres being the SE/4SE/4 lnd Lot 2 aka 39.59 acres being the SW/4SE/4; Smuggler No. 3 placer mining claim, comprising the NW/4; Smuggler No. 4 placer mining claim, comprising the N/2SW/4 and Lots three ( 3) and four ( 4); with Lot 3 aka 39. 58 acres being the SE/4SW/4 and Lot 4 aka 39.57 acres being the ~W/4SW/4; Buck Canyon No. 3 placer claim, comprising that part of Tract 58 lying fo the S/2S/2S/2 of the sec ti on, a 1 so described in deed recorded Book 240 page 192 of County Records of Ga rfi e 1 d County, Colorado; Buck Canyon No. 9 placer claim, comprising that part of Tract 54 lying in the S/2S/2S/2 of the sec ti on, a 1 so described in Deed Recorded Book 240, page 192 of County Records of Garfield County, Colorado. Clear Creek No. 5 placer claim, comprising the NE/4; Clear Creek No. 6 placer claim, comprising the NW/4; Clear Creek No. 7 placer claim, comprising the N/2SE/4 and Lots four (4) and five (5); with Lot 4 aka 39.60 acres being the SE/4SE/4 and Lot 5 aka 39.60 acres being the SW/4SE/4; Clear Creek No. 8 placer claim comprising the N/2SW/4 and Lots 6 and 7; with Lot 6 aka 39.50 acres being the SE/4SW/4 and Lot 7 aka 39.60 acres being the SW/4SW/4; Blue Bird No. 3 oil shale placer mining claim, being that part of Tract 51 lying in the S/2S/2S/2 of the section; -6- BOO~ 728 PAGE 26 T5S-R97W Garfield County, CO Section 33: · Buck Canyon No. 9 placer claim, comprising that part of Tract 54 lying in the S/2S/2S/2 of the. section, also described in Deed Recorded Book 240, page 192 of County Records of Garfield County, Colorado. Section 34: C.C.D. No. 5 oil shale placer mining claim, comprising the NE/4; C.C.D. No. 6 oil shale placer mining claim, comprising the NW/4; Buffalo No. 3 claim, comprising the SW/4; Section 35: Section 36: T5S-R98W Section 13: Section 14: Buffalo No. 4 claim, comprising the N/25E/4 and Lots three (3) and four (4); with Lot 3 aka 42.00 acres being the SW/4SE/4 and Lot 4 aka 41.79 acres being the SE/4SE/4. C.C.D. No. 1 oil shale placer mining claim, comprising the NE/4; C.C.D. No. 2 oil shale placer mining claim, comprising the N/2SE/4 and Lots three (3) and four (4); with Lot 3 aka 41~45 acres being SW/4SE/4 and Lot 4 aka 41.33 acres being the SE/4SE/4; C.C.D. No. 3 oil shale placer mining claim, comprising the NW/4; C.C.D. No. 4 oil shale placer mining claim, comprising the N/2SW/4 and Lots one (1) and two (2); with Lot 1 aka 41.67 acres being the SW/4SW/4 and Lot 2 aka 41.55 acres being the SE/4SW/4. Triumph No. 41 oil shale placer min~ng claim, comprising the N/2N/2; Triumph No. 42 oil shale placer mining claim, comprising the S/2N/2; Triumph No. 43 oil shale placer mining claim, comprising the N/2S/2; Triumph No. 44 oil shale placer mining claim, comprising the S/2S/2; A 11 of the above Triumph No. s 41 -44 a 1 so encompass Tract 37, lying in the section and containing 634.74 acres, and Lot 1 being the 2.76 acres in the W/2W/2NW/4NW/4, Lot 2 being 2.59 acres in the W/2W/2SW/4NW/4, Lot 3 being 2.42 acres in the W/2W/2NW/4SW/4 and Lot 4 being 2.33 acres in the W/2W/2SW/4SW/4. Lucky Strike No. 19 Placer Mining claim, comprising Tract 68, aka N/2SW/4SE/4, S/2NW/4SE/4, SW/4NE/4SE/4, NW/4SE/4SE/4, N/2SW/4SW/4, N/2SE/4SW/4, S/2NE/4SW/4 and S/2NW/4SW/4; Lucky Strike No. 20 Placer Mining Claim, comprising Lots five (5), six (6), seven (7) and eight (8), aka that part of Tract 69 covering Lot 5 -19.39 acres being the S/2SW/4SW/4, Lot 6 -19.53 acres being the S/2SE/4SW/4, · Lot 7 -19.65 acres being the S/2SW/4SE/4 and Lot 8 -11.75 acres being the SW/4SE/4SE/4. Lucky Strike No. 19 Placer Mining c'laim, comprising Tract 68, aka NE/4SE/4SE/4 and SE/4NE/4SE/4; Lucky Strike No. 20 Placer Mining Claim, compr1s1nn Lot seven (7), aka 8.01 acres being the SE/4SE/4SE/4, or that part of tract 69 covering Lot seven (7); Lucky Strike No. 24 Placer Mining Claim, comprising Tract 72 aka SE/4NW/4SW/4, SW/4NE/4SW/4, E/2SW/4SW/4, and W/2SE/4SW/4; Lucky Strike No. 25 Placer Mining Claim, comprising Tract 71, aka SE/4NE/4SW/4, E/2SE/4SW/4, SW/4NW/4SE/4 and W/2SW/4SE/4~ -7- T5S-R98W Section 14: Section 15: Section 23: Section 24: BO~K 728 PAGf 27 Garfield County, CO Lucky Strike No. 26 Placer Mining Claim, comprising Tract 70, aka SE/4NW/4SE/4, SW/4NE/4"SE/4, E/2SW/4SE/4 anC: W/2SE/4SE/4; Lucky Strike No. 23 Placer Mining Claim, comprising Lots five (5) and six (6), with Lot 5 aka 11.28 acres being the SW/4NW/4SW/4 and Lot 6 aka 23.36 acres being the W/2SW/4SW/4, or that part of Tract 73 covering Lots 5 and 6. · Lucky Strike No. 23 ·Placer Mining Claim, comprising Lots six (6) and seven (7), with Lot 6 aka 8.04 acres being the SE/4NE/4SE/4 and Lot 7 aka 8.32 acres being the NE/4SE/4SE/4, or that part of Tract 73 covering Lots 6 and 7. Lucky Strike No. 24 Placer Mining Claim, comprising Tract 72, aka E/2NW/4NW/4, E/2SW/4NW/4, W/2NE/4NW/4, W/2SE/4NW/4, NE/4NW/4SW/4 and NW/4NE/4SW/4; Lucky Strike No. 25 Placer Mining Claim, comprising Tract 71, aka E/2NE/4NW/4, E/2SE/4NW/4, W/2NW/4NE/4, W/2SW/4NE/4, NW/4NW/4SE/4 and NE/4NE/4SW/4; Lucky Strike No. 26 Placer Mining Claim, comprising Tract 70, aka E/2N\~/ 4NE/ 4, E/2SW/ 4NE/ 4, W/2NE/ 4NE/ 4, W/2SE/ 4NE/4, NW/ 4NE/ 4SE/ 4, . and NE/4NW/4SE/4; Lucky Strike No. 2 Placer Mining Claim, comprising Tract 96 aka SW/4SW/4SE/4 and SE/4SE/4SW/4; . Lucky Strike No. 3 Placer Mining Claim, comprising Tract 95, aka SE/4NW/4SW/4, SW/4NE/4SW/4, E/2SW/4SW/4 and W/2SE/4SW/4; Coral T. No. 3 Placer Mining Claim, comprising Lots seven (7), eight (8), afiu ~leven (11) and the SE/4SE/4; with Lot 7 aka 27.88 acres being the E/2NE/4SE/4 and SW/4NE/4SE/4; Lot 8 aka 19.30 acres being the S/2NW/4SE/4. and Lo~ 11 aka 28.75 acres being the N/2SW/4SE/4 and SE/4SW/4SE/4; Coral T. No. 4 Placer Mining Claims, comprising Lots nine (9) and ten (10); with Lot 9 aka 8.05 acres being the SE/4NE/4SW/4 and Lot 10 aka 8.65 acres being the NE/4SE/4SW/4; Coral T. No. 7 Placer Mining claim, comprising Lots four (4), five (5) and six (6); with Lot 5 aka 8.02 acres being the SE/4NE/4NE/4, Lot 6 aka 16.62 acres being the E/2SE/4NE/4, and Lot 4 aka that pa rt of Tract 69 covering Lot 4 or the 8. 59 acres being the NE/4NE/4NE/4. . Coral T. No. 1 Oil Shale Placer Mining Claim, comprising the SE/4; Coral T. No. 2 Oil Shale Placer Mining Claim, comprising the SW/4; Coral T. No.· 8 Oil Shale Placer Mining Claim, comp1'ising the NW/4 including that part of Tract 69 as it covers the N/2N/2NW/4; Coral T. No. 9 Oil Shale Plac~r Mining Claim, comprising the NE/4, including that part of Tract 69 as it covers the N/2NW/4NE/4 and NW/4NE/4NE/4. Coral T. No. 31 Oil Shale Placer Mining Claim, comnrising the SE/4; Coral T. No. 38 Oil Shale Placer Mining Claim, comprising the NW/4; -8- T5S-R98W Section 25: Section 26: Section 35: Section 36: BOC~ 728 PAGE 28 Garfield County, CO Clear Creek No. 4 Placer, being Lots three (3) and four (4); with Lot 3 o.ka 8.04 acres being the SE/4NE/4SW/4 and Lot 4 aka 16.45 acres being the E/2SE/4SW/4; Velvet No 13 Placer Claim comprising Lots one(l) and two (2); with Lot 1 aka 20.47 acres being the N/2 NE/4SW/4 and Lot 2 aka 20.58 acres being the N/2NW/4SW/4~ Clear Creek No. 3 Placer Mining Claim, described as the Tract one hundred one (101), aka the SW/4NE/4SW/4, S/2NW/4SW/4, SW/4SW/4 and W/2SE/4SW/4. LuL~Y Strike No. 15 Oil Shale Placer Mining Claim, comprising Lot one (1), with Lot 1 aka 29. 30 acres being the N/2NE/ 4NE/ 4 and NE/4NW/4NE/4; Clear Creek No. 3 Placer Mining Claim, described as that part of Tract one hundred one (101) lying in the SE/4NE/4SE/4 and E/2SE/4SE/4; Velvet No. 13 Placer Claim, comprising Lot three (3), aka the 16.64 acres being the SE/4SE/4NEf4 and NE/4NE/4SE/4; Velvet No. 14 Placer Claim, comprising Lot two (2), aka 16.64 acres being the NE/4SE/4NE/4 and SE/4NE/4NE/4; Lucky Strike No. 1 Placer Mining Claim, comprising Tract 97, aka SW/4NE/4NE/4, SE/4NW/4NE/4, W/2SE/4NE/4, E/2SW/4NE/4, E/2NW/4SE/4, W/2NE/4SE/4, E/2SW/4SE/4 and W/2 SE/4SE/4; Lucky Strike No. 2 Placer Mining Claim, comprising Tract 96, aka W/2NW/4NE/4, W/2SW/4NE/4, E/2NE/4NW/4, E/2SE/4NW/4, E/2NE/4SW/4, W/2NW/4SE/4, NE/4SE/4SW/4 and NW/4SW/4SE/4; Lucky Strike No. 3 Placer Mining Claim, comprising Tract 95, aka W/2NE/4NW/4, E/2NW/4NW/4, W/2SE/4NW/4, E/2SW/4NW/4, NE/4NW/4SW/4 and NW/4NE/4SW/4. Lucky Strike No. 1 Placer Mining Claim, comprising Tract 97, lying in the NW/4NE/4NE/4, W/2NE/4NE/4NE/4 and E/2NE/4NW/4NE/4; ' Clear Creek No. 3 Placer Mining Claim, described as the Tract one hundred one (101) aka that part of the NE/4NE/4, being the E/2NE/4NE/4NE/4; Tract 103 aka the E/2E/2NE/4, E/2NE/4SE/4 and E/2E/2SE/4NE/4SE/4, as described in Warranty Deed recorded in Book 257 page 137 of the County Records of Garfield County, Colorado. Clear Creek .No. 3 Placer Mining Claim, described as Tract one hundred one (101) aka the N/2NW/4NW/4, NW/4NE/4NW/4 and W/2W/2NE/4NE/4NW/4; Tract 103, aka the S/2NW/4NW/4, SW/4NE/4NW/4, W/2SE/4NE/4NW/4 N/2SW/4NW/4, SW/4SW/4NW/4, W/2W/2SE/4SW/4NW/4, NW/4SE/4NW/4, W/2W/2NE/4SE/4NW/4, W/2NW/4SW/4, SE/4NW/4SW/4, W/2W/2NE/4NW/4SW/4, " SW/4NE/4SW/4, SE/4NE/4SW/4 less Lot 9 in the E/2E/2E/2SE/4NE/4SW/4, .also described in the Warranty Deed recorded in Book:::052,-. page 137 ·· ... of County Records of Garfield County~ Colorado; --·- Tract 104, aka the 40 acres of the E/2SE/4SW/4NW/4, E/2W/2SE/4SW/4NW/4, E/2W/2NE/4NW/4SW/4, E/2NE/4NW/4SW/4, SW/4SE/4NW/4, NW/4NE/4SW/4, W/2W/2NE/4NE/4SW/4, W/2W/2SE/4SE/4NW/4, also described in Warranty Deed recorded in Book 257, page 137 of County Records of Garfield County, Colorado; Tract 108, aka the W/2SE/4SW/4, E/2E/2NE/4SW/4SW/4, E/2E/2SE/4SW/4SW/4, and the E/2SE/4SW/4, less Lot 4, and any part in the S/2S/2SW/4SE/4, also described in Warranty Deed recorded in Book 257, page 137 of the County Records of Garfield County, Colorado; -9- T5S-R98W Section 36: T6S-R98\iJ Section 1: Section 2: BO':~ ~(28 P~fJE 29 Garfield County, CO Clear Creek No. 2 Placer, being Lots 2, 7 and 8; with Lot 2 aka 16.44 acres being the E/2NE/4SE/4NW/4 and E/2W/2NE/4SE/4NW/4, and E/2SE/4SE/4NW/4 and E/2W/2SE/4SE/4NW/4, and with Lot 7 aka 8.04 acres being the E/2SE/4NE/4NW/4 and that part lying in the E/2W/2SE/4NE/4NW/4, and Lot 8 aka 8.40 acres being the E/2NE/4NE/4SW/4 and that part lying in the E/2W/2NE/4NE/4SW/4; Clear Creek No. 4 Placer, being Lot 6, aka the 8.40 acres lying in the E/2W/2NE/4NE/4NW/4 and E/2NE/4NE/4NW/4; Velvet Shale No. 20 Placer, being Lots 4 and 9; with Lot 4 being the 3.10 acres lying in the E/2E/2E/2NE/4SE/4SW/4 and E/2E/2E/2SE/4SE/4SW/4, and Lot 9 aka 1.53 acres lying in the E/2E/2E/2SE/4NE/4SW/4; Coral T. No. 32, comprising the NE/4; Coral T. No. 37, comprising the E/2SE/4, NW/4SE/4 and Lot 5; with Lot 5 aka 39.57 acres being the SW/4SE/4. Blue Bird No. 3 oil shale placer mining claim, being th~t part of Tract 51, being the 120;00 acres lying in the section; Buck Canyon No. 9 placer claim, comprising that part of Tract 54 lying in the W/2 of the section; also described in Deed recorded Book 240, page 192 of County Records of Garfield County, Colorado; Buck Canyon No. 10 placer claim, comprising that part of Tract 37 lying in the W/2W/2 of the section, also described in Deed recorded Book 240, page 192 of County Records of Garfield County, Colorado; Buck Canyon No. 11 placer claim, comprising that part of Tract 56 lying in the S/2S/2 of the section, also described in Deed recorded Book 240, page 193 of County Records of Garfield County, Colorado. Buck Canyon No. 3 placer claim, comprising that part of Tract 58 lying in the W/2, also described in Deed recorded Book 240, page 192 of County Records of Garfield County, Colorado; Buck Canyon No. 4 placer claim, comprising that part of Tract 38 lying in the W/2W/2, also described in Deed recorded Book 240, page 192 of County Records of Garfield County, Colorado; Buck Canyon No. 5 placer claim, comprising that part of Tract 49 lying in the S/2S/2, also described in Deed recorded Book 240, page 193 of County Records of Garfield County, Colorado; Buck Canyon No. 9 placer claim, comprising that part of Tract 54 lying in the section, also described in Dee.d Recorded Book 240, page 192 of County Records of Garfi2ld County, Colorado; Buck Canyon No. 10 placer claim, comprising that part of Tract 37 lying in the S/2 of the section, also described in Deed recorded Book 240, page 192 of County.Records of Garfield County~ Colorado; Buck Canyon No. 11 placer claim, comprising that part of Tract 56 =cc'=lyi ng in the S/2S/2°;--a-lso0--C!E~"scYi bed~--;n~ Dee·i:r-recorae·d'"Book~-24o;L·pa:9e-" , · Section 3: 193 of County Records of Garfield County, Colorado. Buck Canyon No. 3 p''rcicer'~:~Yaim, comprising that :-;art of Tract 58 1 yi ng in the section, al so described in Deed 1 ~corded Book 240, page 192 of County Records of Garfield County, Col.Jrado; Buck Canyon No. 4 placer claim, comprising that part of Tract 38 lying in the S/2, a 1 so described in Deed recorded Book 240, page 192 of County Records of Garfield County, Colorado; Buck Canyon No. 5 placer claim, comprising that part of Tract 49 lying in the S/2S/2SE/4, also described in Deed recorded Book 240, page 193 of County Records of Garfield County, Colorado; -10- T6S-R98W Section 3: Section 4: Section 9: Section 10: 8Q~K 728 P~GE 30 Garfield County, CO Hunter placer claim, compr1s1ng that part of Tract 39B lying in the W/2SW/4, also described in Deed recorded Book 240, page 193 of County Records of Garfield County, Colorado; Wallace placer claim, comprising that part of Tract 48B lying in the S/2S/2SW/4, also described in Deed recorded in Book 240, page 193 of County Records of Garfield County, Colorado; Clear Creek placer claim, comprising Lot 5, being the 47.05 acres in Tract 107, ·;n the W/2 of the section. Clear Creek placer claim, comprising Lot 5, aka 31.90 acres in Tract 107, in the E/2; Clear Creek placer No. 1 claim, comprising the Lot 6; with Lot 6 being 39.52 acres in the E/2, aka part of Tract 106 lying in the section; That part of Tract 108 lying in the section as described in Liarranty Deed recorded in Book 257 page 137 of County Records of Garfield County, Colorado; That part of Tract 40 described under the original survey as the SE/4SW/4 in Warranty Deed recorded in Book 275 page 137 of County Records of Garfield County, Colorado, and as may include any part of the S/2NE/4SW/4, NW/4SE/4 and S/2SE/4; Hunter placer claim, comprising that part of Tract 398 aka the SE/4SE/4, and including any part covering the S/2NE/4SE/4, SE/4NW/4SE/4 and E/2SW/4SE/4. Also described in Warranty Deed recorded Book 240, page 193 of County Records of Garfield County, Co 1 orado. That part of Tract 40 lying in section and described in Warranty Deed Recorded in Book 257, page 137 of County Records of Garfield County, Colorado, and as it may include any of the NE/4NW/4, a.nd NE/4; Hunter placer claim, comprising that part .of Tract 39B, and described in Deed recorded Book 240, page 193 of County Records of Garfield County, Colorado, and as it may include any of the E/2NE/4; . W/2NE/4; E/2SE/4 and NW/4SE/4; aka part of Tracts 40 and 44, in the section. Hunter placer claim, comprising that part of Tract 39B, described in Deed recorded Book 240, page 193 of County Reco_rds of Garfield County, Colorado, and lying in the W/2W/2NW/4; Wallace placer claim, comprising that part of Tract 488, described in Deed recorded in Book 240, page 193 of County Records of Garfield County, Colorado, and lying in NW/4 and W/2W/2NE/4; Buck Canyon No. 5 placer claim comprising Tract 49, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado as it may lie in the N/2NE/4; . ~ Buck·-c~anyon''No·;·5· placer·c:1aimconfprisilig·Tracf ·so; described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado and lying in the NE/4; Westfield No. 1 oil shale placer mining claim, comprising Lot 4, with Lot 4 aka 40.00 acres lying in the S/2SE/4NW/4, E/2W/2NW/4SE/4, SW/4SW/4NE/4, and NE/4SW/4; Westfield No. 2 oil shale placer mining claim, comprising Lot 1 and Lot 3, with Lot 1 aka 32.86 acres lying in the NW/4SW/4 and S/2SW/4NW/4, and Lot 3 aka 7 .14 acres lying in the E/2NW/4SW/4, W/2NE/4SW/4, E/2SW/4NW/4 and W/2SE/4NW/4. -11- T6S-R98W Section 11: Section 12: Section 14: Section 15: Section 16: Section 33: T7S-R97W Section 19: Section 30: Section 31: . -.~ Section 32: Section 33: T7S-R98W Section 3: BOJK ?28 PAGE 3:1_ Garfield County, CO Buck Canyon No. 5 placer claim compr1s1ng Tract 49, described in Deed Rec6rded in Book 240, page 193 of !ounty Records of Garifeld County, Colorado, as it may lie in the N/2N/2; Buck Canyon No. 6 placer claim comprising Tract 50, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, and lying in the S/2N/2N/2 and S/2N/2; Buck Canyon No. 11 placer claim comprising Tract 56, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, as it may lie in the N/2N/2: Buck Canyon No. 12 placer claim comprising Tract 57, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, and lying in the S/2N/2N/2 and S/2N/2. Buck Canyon No. 11 placer claim comprising Tract 56, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, as it may lie in the N/2N/2. Buck Canyon No. 12 placer claim comprising Tract 57, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, as it may lie in the N/2; Tract No. 68, formerly described as the SW/4NW/4, in Deed Recorded Book 257, page 449 of County Records of Garfield County, Colorado, and any part lying in the S/2NW/4NW/4. Tract No. 68, formerly described as the SE/4NW/4 and S/2NE/4i in Deed Recorded Book 257, page 449 of County Records of Garfield County, Colorado, and any part lying in the N/2NE/4, S/2N/2NE/4, and S/2NE/4NW/4; W/2NW/4, NW/4SW/4 and NE/4SW/4, aka parts of Tracts 72, 73, 75, and that part of Tract 77-C as it covers any part of the W/2W/2 NW/4SW/4. NE/4NE/4 and SE/4NE/4; aka part of Tracts 72 and 44. SE/4SE/4 (now Tract 110). SE/4SW/4 and W/2SW/4SE/4, aka Tract 51; and SW/4SE/4 and W/2SE/4SE/4, aka Tract 52; and any part of Tract 50 lying in the S/2S/2S/2SW/4SW/4. W/2 comprising Tract 50 being the 37.19 acres being the NW/4NW/4, and that part of Tract 51 covering the E/2NW/4 and SW/4NW/4; and Tract 55 being the 37.48 acres being the NW/4SW/4; and Tract 56 being th~ 117.63 acres covering the E/2SW/4 and SW/4SW/4 less Lots 8 and 9; and also Lot 8 being the 1.34 acres in the S/2S/2S/2SW/4; and Lot 9 being the 1.70 acres in the S/2S/2S/2SW/4; Also the W/2NE/4 comprising Tract 52. Tract 57 comprising Lots~' 3 and 4 and the SE/4SW/4, and containing 153.14 acres, and as it may include any part of the W/2SW/ 4SE/ 4. __ .. ,, h·--~ ~ ;e..:_c,1r.J Lt::.":-,-'°!--r~~-.:..1 -V' ..; ·, NW/4, N/2NE/4, SW/4NE/4, NE/4SW/4 and Lots 4, 5 and 6, with Lot 4 aka 41.14 acres being the SE/4SW/4, Lot 5 aka 40.23 acres b~ing the SW/4SE/4 and Lot 6 aka the 40.00 acres being the SE/4SE/4. N/2NW/4 and Lot 3; with Lot 3 aka 40.00 acres being the SW/4SW/4. SE/4SW/4; SW/4NW/4; and W/?SW/4. -12- T7S-R98W Section 4: Section 10: Section 11: Section 13: Section 14: Section 15: Section 23: Section 24: Section 25: Section 36: T8S-R97W Section 3: Section 4: ~·~:-J,."" ,,.Section '"°5~:"' Section '-6: BO·~~ 728 PAGE 32 Garfield County, CO E/2SE/4; Lot l; SE/4NE/4; and all that part of Lot 2 and of the SW/4NE/4 lying on the easterly side of the center of the channel of Roan Creek, containing 115 acres more or less, with Lot 1 aka 39.93 acres being the NE/4NE/4. NW/4; W/2NE/4; The west 70 acres of the SE/4; A tract of land in the· SW/4, described as beginning at the center of said Section 10, said point being marked by the corner of a fence as now constructed and in use and by a stone monument now in place, from which point the section corner common to Sections 10, 11, 14 and 15, T7S-R98W of the 6th P.M., bears S. 44°35' E. 3731 feet, thence on the N. 1 ine of the said SW/4 of Sect'i::n iO, N. 89° 36' W. 1485 feet to the easterly bank of Roan Creek, thence along said easter1y ban~ of Roan Creek, S. 29°12' E. .230 feet, thence N. 81°45' E. 180 feet, thence S. 19°00 1 E. 560 feet, thence S. 76°50' E. 290 feet, thence S. 43°10' W. 60 feet, thence S. 76°50' E. 70 feet, thence S. 22°45' E. 347 feet, thence S. 63°30' E. 275 feet, thence S. 24°55' E. 168 feet, thence. S. 49°55 1 E. 135 feet, thence S. 19°45' W. 330 feet, thence leaving the said easterly bank of Roan Creek N. 71°06 1 E. 257 feet, thence along the east line of said SW/4 of Section 10, N. 0°29 1 E. 1791 feet to the point of beginning, containing 28.91 acres, more or less; The east 90 acres of the SE/4~ SW/4SW/4. SW/4SW/4. N/2NW/4; S/2NW/4; SW/4; W/2NE/4; W/2SE/4; SE/4SE/4. E/2E/2; The east 882 feet of the NW/4NE/4, situated south of the County Road, containing 21.16 acfes~ more or less. NE/4; NE/4N~/4. NW/4; N/2SW/4; SW/4NE/4; N/2SE/4; SE/4SE/4; S/2SW/4; SW/4SE/4. NW/4; E/2SW/4; NW/4NE/4; SW/4SE/4; E/2E/2; SW/4NE/4; NW/4SE/4. N/2SE/4, SE/4SE/4 and S/2NE/4; NE/4NW/4; N/2NE/4; NE/4SE/4NW/4 as described in Patent Recorded Book 577, page 918, of C6unty Records of Garfield County, Colorado; N/2NE/4SW/4SE/4 as described in Patent Recorded· Book 577, page 918, of County Records of Garfield County, Colorado. SW/4SW/4 SW/4NW/4; N/2SW/4; SE/4SW/4 and the S/2SE/4; and Lot 4 aka the 39.65 acres being the NW/4NW/4. . --'--,!/~' .. SE/4NE/4; Lot 1 ak·a'-the39:-5:-r--acres being the NE/4NE/4.-- Lots 3, 4 and 5; SE/4NW/4; N/2SW/4 aka the NE/4SW/4 and Lot 6 being the 38.59 acres being the NW/4SW/4; SE/4SW/4; SW/4SE/4; with Lot 3 aka the 39.62 acres being the NE/4NW/4 and Lot 4 aka the 37.77 acres being the NW/4NW/4 and Lot 5 aka the 39.25 acres being the SW/ 4NW/ 4; -13- TSS-R97\·i Section 6: Section 7: Section 9: Section 10: Section 17: Section 18: T8S-R98W Garfield County, CO Lots 12 and 14 containing 4.10 acres, as described in Patent recorded Book 577 page 919 in County Records of Garfield County, Colorado. NE/4; NE/4NW/4; SE/4; E/2SW/4; Lots 3 and 4, with Lot 3 aka lR q? acres being the N\~/4S\~/4 and Lot 4 aka 38.84 acres being the Svi/ 4S\·I/ 4. NE/4 and E/2NW/4. \·l/2Nvl/4. That part of W/2NW/4 lying in Garfield County, Colorado. NE/4NE/4 lying in Garfield County; That part of SE/4NE/4 and W/2NE/4 lying in Garfield County. Section 12: SE/4. End of EXHIBIT "B" -14-