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HomeMy WebLinkAbout1.13 Tipping Title chain documents 7-20-12Title Packet — Tipping/Patterson/Power Property Garfield County Township 7 South, Range 96 West, Section 27, 33, 34 1967 Williams to DeMaestri 239070, Bk 388, Pg 197 1969 DeMaestri to Motz 242554, Bk 399, Pg 92 1974 DeMaestri/Motz to Woodard/Gardner/et al Jebsen/B i sho p/Foster 262465, Bk457, Pg 482 Metes & Bounds with carve outs for 3 parcels Metes & Bounds with carve outs for 3 parcels Metes & Bounds with carve outs for 3 parcels From this point forward, the parcel remains the same and no parcels are carved out. The 3 parcels are the Hunter and Dekam parcels by the river and the —500' square piece at the Northwest corner of Section 34. This square piece is now owned by Tipping et al. Recorded at 4112 o'clock..P • U., October 2, 1967 Reception No 239070 Chas.S.Kee an Recorder. Book 388 Page 197 THIS DEED, Made this 15th day of June 1967. ,between FRANK WILLIAMS and RUTH J. ELLIS, Formerly RUTH J.• WYATT Mesa and Garfield, respectively of the Counties of / ObReetF'6E and Stats of Colorado, of the first part, and ALBERT DE MAESTRI and CATHRYN DE MAESTRI RECORDER'S STAMP of the County of Garfield and State of Colorado, of the second part: WLTNESSETE, that the said partieS of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, > eC to the said part ieS of tho first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do 1 grant, bargain, sell, convoy and confirm unto the said parties of the second part, their heirs and assigns forever, not 1 in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and 1 being in the County of Garfield and State of Colorado, to wit: A tract or parcel of land located in Sections 27, 33 and 34, Township 7 South, Range 96 West, 6th. P. M. and more particularly described as follows: • Beginning at the Northwest corner of said Section 34; thence South along the t West Line of said Section 34 1273.0 feet; thence along an existing fence S. 13° 54' W.254.4 feet; thence along said fence S. 16°59' W.563.2 feet• thence aloe said fence S. 07°29' E.72.7 feet• thence along said fence S.23°401 E.55.8 feet thence along said fence S. 37°291 E.95.9 feet thence along said fence S.73°331 E.141.2 feet to the West Line of said Section 34; thence along said fence S..75° • 27' E. 821. 2 feet; thence along said fence S.03°50' E. 148.9 feet to the Northerly! Bank of the Colorado River; thence along said Northerly Bank N.80°15' E.229.5; feet• thence alongsaid Northerly Bank N.61°14' E.255.0 feet; thence along said i Northerly Bank : 49°52' E.165.8 feet; thence along said Northerly Bank N.38°, 44' E. 216.9 feet; thence N. 20°13' W. 260.4 feet; thence N. 75°09' E. 333.2 feet to the said Northerly Bank of the Colorado River; thence along said Northerly :1 Bank N. 20°31' E.72.0 feet; thence along said Northerly Bank N.35°00' E. 126.3ft. thence along said Northerly Bank N. 61°29' E.795.5 feet; thence along said North= erly Bank N. 73°38' E.577.0 feet; thence along the Westerly Bank of said Colo- rado River N. 19°03' E. 276.7 feet; thence along said Westerly Bank N.09°21' • W.343.0 feet; thence along said Westerly Bank N.02°05' E.426.5 feet; thence I along said Westerly Bank N.05°06' W. 174.7 feet to the North Line of said Sections 34; thence along the said Westerly Bank N. 05°06' W. 20. 1 feet; thence along said Westerly Bank N. 04°34' E. 219.0 feet; thence along said Westerly Bank N. . 07°08' W.204.5 feet; thence along said Westerly Bank N.17°451 W.126.8 feet; thence along said Westerly Bank N.36°10' W.404.0 feet; thence along said West erly Bank N. 13°19' W.264.4 feet; thence along said Westerly Bank N.04°56' E. •, 170.3 feet to the North Line of Lot 5 of said Section 27; thence S. 89°32' W. !I 1089.2 feet; to the Southeasterly right-of-way line of the D&RGW Railroad; thend along said Southeasterly right-of-way line S.55°32' W.535.9 feet to the West Lir! of the SEISWq of said Section 27; thence along said West Line S. 01°38' E.1020. 2' feet to the North Line of said Section 34; thence along said North Line S.89°29' W. 1297.7 feet to the Northwest corner of said Section 34, the point of beginning! Reserving, however to said parties of the first part a life estate in an un-! divided one-half interest in and. to all oil, gas, fissionable materials and other minerals in and under the above -described -tract of land; provided, however, that such reservation shall not include sand and gravel situated upon or under said tract of land. Said life estate herein reserved to be measured by the life of the said Ruth J. Ellis, formerly Ruth J. Wyatt.. 0 111011 TIM) \Tln Tf OINTT . STATE. 1.1111,1( TOGETHER with all and siagular.'tho Hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and rcvcr'sidns,. remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said partieS of the first part, either in lav or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 76S. \\ AIIRANTY DEED—To dent Tenant,.—Dradford Pub'.I, 11a¢ Co.. 1821-46 Stout Street. Denver. Colorado Book 388 Page 198 TO HAVE AND TO HOLD tho said premises abovo bargained and described, with the appurtenances, unto tho said parties of the second part, their heirs and assigns forever. And the said parties of tho first part, for them selves, their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the annealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey tho same in manner and form aforesaid, and that the sumo aro free kind clear from all former and other grants, bargains, galea, liens, taxes, assessments and incumbrances of whatever kind or nature, soaver, reservations and exceptions contained in Patent issued by the United States, easements and rights-of-way of record, Oil and Gas Lease recorded as Document No. 197802 of the records of Garfield County, Colorado, and an existing lease to Carl Alber of a portion of the above-described property; and excepting taxes for 1967, due in 1968; • and the above bargained premises in tho quint and peaceable possession of the said parties of tho second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, ' the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the first part have ' hereunto set theirband sand seals tho day and year first abovo written. . Signed, Scaled and Delivered in the Presence of • STATE OF COLORADO, 1 ss. County of Garfield qtr k W' iia s R'7it� Es, Former UM - Wyatt Wyatt (SEAL] (SEAL) The foregoing instrument was aclntowledged before me this 2nd day of Octobe r ;:1,01; 4 ir; pyv'. 0UTH J. ELLIS, Formerly RUTH J. WYATT • ' ' "•Lt• •eon n expires February 6 1468 .Witness my hand and official seal. G�LZl2(;.r.L�v� • Notary Public. df lt7t eitpgal•l,or on or persona here Insert name or names; It by persons acting in repracntatlro or official capacity or Al attorney -In -fact. .then Insect-gam3'ot person as executor, attorneyIn-fact or other capacity or dmerlpUon; If by officer of corporation. that insert name of such • officer o'c oiticers. as the president or other officers of such corporation. naming It. STATE OF COLORADO, ) ss. COUNTY OF MESA ) day of The foregoing instrument was acknowledged before me this , 1967 by FRANK WILLIAMS. My commission expires: i,,, ,",,,, `CC. t/. n.< 'Q Vi • . • .• c, Witness my hand and official seal. Notary Public NO CONSIDERATION - Book 399 Page 92 Recorded ac.2:20P • M.,......_.Jauary. 221 1969 .»..o clock. ...._.......... Reception No _2�i J? _... .sS.a.�.r.K4�S'ia?l.s•.....Reeorder. THIS DEED, Made this o2 yt,a day of January 19 69 ,between and CATHRYN DeMAESTRI of the County of ALBERT DeMAESTRI Garfield and State of FILING STAMP STATE DOCUMENTARY FEE • JAN 22 NW Colorado, of the first part, and HOWARD U. MOTZ of the County of Garfield and State of Colorado, of the second•part: WITNESSETII, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other valuable considerations • =MEV M the' said party of the first part in hand paid by the said party 'of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the . County of Garfield and State of Colorado, to -wit: See description attached hereto and by this reference -made a part hereof. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or. equity, of, in and to the above bargained premises, with the hereaditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and bas good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever., except deed of trust to Public Trustee of. Garfield County, Colorado, to secure to The First National Bank of Glenwood Springs the payment of one promissory note and deed of trust to the Public Trustee of Garfield County, Colo.,' to secure to Ruth J. Ellis the payment of one promissory note, one— half of the unpaid'ba ance of said notes the grantee herein assumes and agrees to ay; anexcept taxes not vet dfle or payable,ba prorat share of which grantee herein assumes ana agrees to pay, and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and*eal today and year first above written. STATE OF COLORADO ss. cru, ;l County of Garfield ,,ih@qoret2gM a current was acknowledged before me this t'9 '{�,�5 iil�1AI�bixxt DeMaestri and Cathryn DeMaestri. * wo+s :* sV ra eg My Commission expires July 25,1 • rt ee tr' t1 (��, [SEAL] 41) h' ' n De aes rri ^^ '[SEAL] [SEAL) day of January . Witne y hand and official seal. utak.. No. 932A. WARRANTY DEED.—For Photographic Record.—Bradford Publishing Co., 182446 Stout Street, Denver, Colorado Book 399 Page 93 • An undivided one-half interest in and to the following described property, to -wit: A tract of land situate in Sections.27, 34 and 33 of Tp. 7 S., R. 96 W. of the 6th P.M. and described as follows: Beginning at the Northwest corner Section 34, Township 7 . South, Range 96 West of the 6th Principal Meridian, thence South along the West line of said Section 34 1273.0 feet to fence corner, thence along fence S. 13°54' W. 254.4 feet, thence along fence S. 16°59' W. 563.2 feet, thence along fence S. 07°29' E. 72.7 feet, thence along fence S. 23°40' E. 55.8 feet, thence along fence S. 37°29' E. 95.9 feet, thence along fence S. 73°33' E. 141.2 feet to the West line of said Section 34, thence South along said Section line 268.5 feet to the center of Colorado River, thence along center of River S. 73°55' E. 847.9 feet, thence along center of River N. 80°15' E. 229.5 feet, thence along center of River N. 56°35' E. 290.7 feet, thence leaving River N. 14°39' W. 281.5 feet, thence N. 34°04' E. 87.1 feet, thence N. 70°18' E. 254.9 feet, thence N. 20°13' W. 214.5 feet, thence N. 75°09' E. 333,2 feet, thence S. 57°01' E. 165.0 feet to the center of Colorado River, thence along center of River N. 43°56' E. 291.7 feet, thence along center of River N. 61°40' E. 579.4 feet, thence along center of River N. 71°34' E. 664.1 feet, thence along center of River N. 22°49' E. 374.3 feet, thence along center of River N. 00°32' E. 965.6 feet to the North line of said Section 34, thence along center.of River N. 00°06' E. 609.5 feet, thence along center of River N. 12°47' W. 725.0 feet to a projection of the North line of Lot 5, Section 27, T. 7 S., R. 96 W., 6th P.M., thence S. 89°32' W. 1514.4 feet to the South Right-of-way line of the D & R G W Railroad, thence along Railroad right-of-way S. 55°32' W. 535.9 feet to the West line of SE1SW1/4 of said Section 27, thence S. 01.°38' E. 1020.2 feet to the Southwest corner of said SE SW1/4 Section 27, thence S. 89°29' W. 1297.7 feet to the point of beginning. Together with an undivided one-half interest in and to all water and water rights, ditch and ditch rights connected therewith or appurtenant thereto. Subject to easements and rights of way of public record and prior mineral reservations of record. All that portion of the above described property described as follows, to -wit: Beginning at the Northwest Corner of Section 34, Township 7 South, Range 96 West of the 6th P.M., thence N. 89°29' E. 590 feet; thence S. 505 feet; thence S. 89°29' W. 590 feet; thence North to -the point of beginning. shall be subject to the following restrictive covenants and from date of recording hereof shall be deemed and construed as covenants running with the land (hcrei,.after referred to as "subject land"), to -wit: Book 399 Page 94 1. There is hereby dedicated to public use for roadways and utility right of ways and easements the outermost 60 feet of the Northeast and South boundaries and the outermost 30 feet of the West boundary of the property hereinabove described. 2. The subject land shall be used only for hotels, lodges, apartment houses, restaurants, retail shops, service shops, professional offices and medical clinics, and automobile service stations. 3. It is the intent of these restrictive covenants to guide the development of the subject :and and to this end there is hereby created the "Planning and Architectual Control Committee" hereinafter referred to as the Committee which shall consist of Howard U. Motz, and Albert DeMaestri and such other persons as they shall from time to time appoint to the Committee. The Committee shall review, study and approve or reject proposed improvements within the subject land. No building, outbuilding, fence, wall or other improvement shall be constructed, erected or maintained on any portion of the subject land, nor shall any addition thereto, or alteration therein be made until plans and specifications showing the color, location, materials, landscaping and such other information relating to such improvement as the Committee may reasonably require shall have been submitted to and approved by the Committee in writing. In passing upon such plans and specifications the Committee shall consider: (a) The suitability of the improvement and materials of which it is to be constructed to the site upon which it is to be located. (b) The nature of adjacent and neighboring improvements. (c) The quality of the materials to be utilized in any proposed improvement. (d) The affect of any proposed improvement on the outlook of any adjacent or neighboring property. (e) It shall be an objective of the Committee to make certain that no improvement will be so similar or.so dissimilar to others in the vicinity that economic or estheti.e values will be impaired. In the event the Committee fails to approve or disapprove plans and specifications submitted to it within 60 days of submission, approval shall not be required and the related covenants shall be determined to have been fully complied with. 4. Ali owners of the sul.ject land shall consent to and offer all assistance and cooperation possible toward the creation of a water and/or sanitation district at such time as requested to do so by the owners of at least 75% of the lands which are the subject of the within warranty deed. -2- Book 399 Page 95 5. No sign shall be exhibited within the boundaries of the ' subject land until written consent and approval of the Committee is first obtained. 6. No trash, ashes or other refuse may be thrown or dumped on any portion of the subject land; no indoor or outdoor incinerator or other device for the burning of refuse shall be installed or used except as approved by the Committee; and each owner or Lessee shall provide suitable receptacles for the collection of refuse which shall be screened from public view and protected from disturbance. 7. No livestock or other animals shall be kept, raised cr bred on the subject land. 8. There shall be no general requirement for the location of improvements with relation to property lines, but the location of each improvement must be approved in advance by the Committee. In determining the proper location for each improvement the Committee shall consider the location of existing and future improvements on adjacent property, the wishes of adjacent property owners and such other monetary or asthetic considerations as it may deem appropriate. 9. All structures commenced on the subject land shall be prosecuted diligently to completion and shall be completed within six months of commencement. 10. No noxious or offense activities shall be carried on, nor shall anything be done or permitted which may constitute a public nuisance. 11. The restrictive covenants herein contained may be waived, abandoned, terminated, modified or altered as to the whole of the subject lands or any portion thereof by a properly recorded document executed by all of those persons who own and lease 75% of the subject land. 12. Invalidation of any of these restrictions by judgment or • Court order shall in nowise affect any of the other provisions which shall remain in full force and effect. 13. If any owner of property affected, or any person claiming by, through or under him shall at any time violate any of the restrictions herein contained, it shall be lawful for any person owning any portion of the subject land to institute and prosecute proceedings at law or in equity to prevent, abate or terminate such improper use and to recover damages or -obtain such other relief as may be by law provided. 14. The provisions hereof shall be in effect for a period of 25 -3- o t� r0 n � Li rt- r• hi V O cn O 0 r CD 1-1 5 t -h 0 h; (D Sv 0 rt- n '•c m ' kco • Qi O rt- `O \._0 rt- rt- O cD • - O rt rt S) ¢7 O r rt- Oq O tD O (-1- ^P 0j 1-h Q ai rh 11 • O O 0 • h n rt 0 • n r- tn rt- . b'0) CP u. p-'• rn r• m n C ri it rp rD (� Q 0 t-' 'ZJ t -h Zaz SZ }-'• CD P.) O DJ 0.15 rt LJ. O O t -h rt r• rh N rt r• C m O �. k< N O rP- G tfi O n (D to O 0 n B00K457 PACE 482 Recorded at .....APR 51974 o'clock !, M. Reception No. ........ 2.6.2 65 Ella Stephens, . Recorirc� �c °2500 WARRANTY DEED APR 51974 STATE LOCUuiiiiiiti;Y FEE THIS DEED, made this 18th day of March, 1974, between HOWARD MOTZ and ALBERT DeMAESTRI and CATHRYN DeMAESTRI, of the County of Garfield and State of Colorado, of the first part, and CHARLES V. WOODARD, WARREN E. GARDNER, JOHN JEBSEN, WYNDELL LaFAYE BISHOP and WILLIAM E. FOSTER, of the County of.Mesa and State of Colorado, of the,second part: WITNESSETH, that the said parties of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain•, sell, convey and confirm, unto the said parties of the second part, their heirs and assigns forever, all the following described lots or parcels of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: A tract of land situate in Sections 27, 34 and 33 of T. 7 S., R. 96 W. of the 6th.P.M. and described as follows: Beginning at the Northwest corner of Section 34, T. 7 S., R. 96 W. of the 6th P.M., thence South along the West line of said Section 34 1273.0 feet to fence corner, thence along fence S. 13°54' W. 254.4 feet, thence along fence S. 16°59' W. 563.2 feet, thence along fence S. 07°29' E. 72.7 feet; thence along fence S. 23°40' E. 55.8 feet, thence along fence S. 37°29' E. 95.9 feet, thence along fence S. 73°33' E. 141.2 feet to the West line of said Section 34, thence South along said Section line 268.5 feet to the center of Colorado River, thence along center of river S. 73°55' E. 847.9 feet, thence along center of river N. 80°15' E. 229.5 feet, thence along center of river N. 56°35' E. 290.7 feet, thence leaving river N. 14°39' W. 281.5 feet, thence 'N..34°04' E. 87.1 feet, thence N. 70°18' E. 254.9 feet, thence N. 20°13' W. 214.5 feet, thence N. 75°09' E. 333.2 feet, thence S. 57°01' E. 165.0 feet to the center of Colorado River, thence along center of river N. 43°56' E. 291.7 feet, thence along center of river N. 61°40' E. 579.4 feet, thence along center of river N. 71°34' E. 664.1 feet, thence along center of river N. 22°49' E. 374.3 feet, thence along center of river N. 00°32' E. 965.6 feet to the North line of said Section 34, thence along center of river N. 00°06' E. 609.5 feet, thence along center of river N. 12°47' W. 725.0 feet to a projection of the north line of Lot 5, Section 27, T. 7 S., R. 96 W., 6th P.M., thence S. 89°32' W. 1514.4 feet to•the South right-of-way line of the D&RGW Railroad, thence along railroad right-of-way.S. 55°32' W._.535.9 feet to the West line of SEkSW4 of said Section 27, thence S. 01°38' E. 1020.2 feet to the Southwest corner of said SEkS104 Section 27, thence S. 89°29' W. 1297.7 feet to the point of beginning. Together with all water and water rights, ditch and ditch rights connected therewith or appurtenant thereto. Subject to easements and rights of way of public record and prior mineral reservations of record. BOOK45% PAGE483 There is excepted from the within conveyance the following described parcel of land, to -wit: Beginning at the Northwest corner of Section 34, T. 7 S., R. •96 W. of the 6th P.M., thence N. 89°29' E. 590 feet; thence S. 505 feet; thence S. 89°29' W. 590 feet, more.or less, to the West line of said Section 34; thence North along the West line of said Section 34 to the point of beginning. TOGETHER with all and singular the hereditaments and appurtenants thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the said part of the second part, their heirs and assigns forever. And the said parties of the first part, for themselves,their heirs, executors, and administrators, do covenant, grant, bargain, and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the first part, hereunto set their hand and se the day and year first above written. / STATE OF COLORADO • J .COUNTY OF GARFIELD .\ 0 ' 4`: The foregoing ,",tlits ::18th day of March, E.annaOATHRYN DeMAESTRI. >2f HOWAD MOT� ,a -e / /�7Z) limit- J/ V ALBE T DeMAESTRI ss. ATHRYN DeMAESTRI . instrument was.acknowledged before me 1974, by HOWARD MOTZ, ALBERT DeMAESTRI My commission expires: /9 7 e/ NOTARY PUBLIC QUIT CLAIM DEED Warren E. Gardner whose address is Grand Junction County of Mesa , and State of Colorado , for the consideration: of zn Dollars, in hand paid, hereby se /(s) and quit claims) to, , C�?arses V. Woodard a 66 2/3 and.to :John G. Jebsen a 33 1/3 % interest, as tenants in common whose address is 653 Roundhili Dr. , Grand Junction -1^1' 664 fvE l 44 _ GARFIELD 1EBI1'o ,85 State Doc. fee $ County of Property, in the Mesa and State of Colorado the following real County of Garfield . and State of Colorado, to wit: As to Grantors undivided 20% interest only: See attachment "A" _ "sogrofeittivt, if-tif-tdc•itryte.el- ei:'x 664 pitE1.45 A ty1(7.t: in 27, 34 arl 33 of T. 7 S., trh iind ,_ie!s:icribed as follow: Beginning c-or.,nr of Section 34, T. 7 S., R. 96 W. of South along lir,? of said. Section 34 fc.-et to .7r, thence along fence S. 13°54' W. fet, tco along f.,-nce- S. 16°59' W. 563.2 feet, thence fence- S. ci'29' E. 72.7 feet, thence along fence S. 23'40' •fes?t, thence along fence S. 37°29 95.9 feet, thence 73°33' •141.2 feet to th(' West line of said 34. rnnt.7-o South al_ong said Section line 268.5 feet to ot CJ:qor-aclo River, thence alcng center of river S. F. 847.9 fet, torIce along center of river N. 80°15' E. alonc center ef river N. 56'35' E. 290.7 Feet, 1 -LV Thr N. 1439' 1.7ence N. -J4'04' N. 70°.1' thence 20'13' :45focz, N. -i5'09' E. 333.2 feet thence S. 5701' 7. feet to the t..,:,nter of Colorado River, thence alOng center N. 43°.5' E. 291.7 feet, thence along center of river F. 575.4 feet, thence along center of river N. 71°34' along center of river N. 22°49' E. 374.3 center of river N. 00°32' E. 965.6 feet to h 1 of said Section 34, thence along center of river 609.5 feet, th,-nce along center of river N. 12°47' to a projection of the north line of Lot 5, 27, T. 7 S., R. 96 W., 6th P.M., thence S. 89°32' W. fet to the South right-of-way line of the D&RGI1 Railroad, alcy1rcd riyht-_.)f-way 55°32' W. 535.9 feet to ljne SISW1/4 of :'.7(7tin 27, thence S. 01°38' E. foot to the Souts1- corner of said SEkSW1/4 Section 27, L-•.:.:ce S. W. 1297.7 feet to the point of beginning. •ihall :41),1 water rf(jhts, ditch and ditch rights :onne.J.:ted trc.with or appurtenant thereto. Subject :D and rights of w‘iy of public record and prior mineral us of record. ,:-•xpted from ccnveyance the following of corn-'- of S,?,:tion 34, T. 7 S., R. of,the f;t_h P.M., thence N. 39°29' E. 590 feet; thence S. t11: S. 3":1'9' W. 590 fet, more or less, 3--;; !=:!nce North along thi_ •-01-sa.ldicn 34 to f:he Joint of heu'inning. the within to wit: 1 1 IKes•urded a: �l,rk I !rf, FE.1 ? 1985 I'F. SSQ;'dA Et F u. r .:_ .t 1 x`A4 ESTATE: OF Wit LIA.M E. FOSTER, aka WILLIAM EDWARD FOSTER ak4 WILLIAM FOSTER, BY rERRANCF FARINA, PERSONAI, REP RES1NrAi'TVE, wrh'wc addres.is 1(}9 Santa Fe Drive, Grand Junction, 4..'our>ty of Mesa , and State Coicrade . for the consideration of Ten and other valuable consideration Dollars, in hand paid, hereby selJ(s'r and quit eh inUs) to CHARLES V. WOODARD JEBSEN a 31 interes'- , as tenants in coirnrn whereaddres is )s Round hill. Drive, Grand Junction, PcW r. 664 rteE 146 GAkflaD FE311•c' State Doc. Fee a 67':. interest, and to JOHN C. County of `Mesa property, in the , and State of Colorado County of Garfield As to Grantor's 20% undivided interest only: See Attachment "A" also known as street and number with all its appurtenances Signed this 28th day of January .1985 RTATE t►)z r-s)t,$)Rhix.r. ray err nes.> . t he following real . and State of Colorado, to wit: THE._. ESTATE OF WILLIAM 1 . FVS'l'k4_.4ka .._ WILLIAM EDWARD FOSTER, aka WILLIAM FOSTER;.: !>`rfneCit:rie. n.rstr..triMht Repros ntat 41tf+M*V1- `%9" BOR 664pec 14 t r.;Ict o_ land s tuat:e in S c1. = 27,34 3 of W. of r:n�. and .>3 T. 7 S. , the Gth P.M.t t1and described .is follows: : Beginning ;.he Northwest co)'nt�r of rection 34, T. 7 S., R. 96 W. 6thP.M.thence South alongt of ' r the West line of said Section 34 ;2..;3.0 "cet to fence corner, thence along fence S. 1.3°54' W. ' y foot-, thence along fence S. 16°59' W. r (once S. 07 E. 72.7 feet, thence along •2fence�S.thence t 1 . f5.8 feet, thence along fence S. 37°29' E. 9 f 23 4(? fc';l:'tr S. 7.i°.'s3' E. ,, `'9,. feet, thence .i 41.2 feet t. to the. West line of said c ct..iort 34, thence South along said Section lino 268.5 fee t to centor of c':_ 1 or cio River, thence along center of river S. �. 847.9 foot thence along q nter of >r N. 80°15' E. .. { car, cc' rive a , thence ai:Inca cont: -r of river r o river N. 14''39' (��'N. Y. at; 35' E. '90."l feet, i �' '^� f!, -t, ( ), nce N. : 4 (.04 1 N. 20°13' I..:t'llct' N. 75'09' E. .3 fr •.t., t.} ,.�rE:, 33.2 feet, thence S. 57°01' `' • 0 feet to the conLer of Colorado River, thence along center. 'r.'r 43 , v�: N. °55' E. 291.7 feet, thence along . .1. °40' E. 579.4 feet, thence aloe center of c� iv r of river r 9 i river N. 7I 34 ..64.1 feet, ...hence along center of river N. 22°49' E. 374.3 , t t;c:nce along center of river N. 00°32' E. 965.6 • '•:�1r t -h .line of said vection 34,thence feet ito N. .t0({�-�f:, ' E.i�"'r( 5 fret j along center of river thence along cc:nt.'r of rivp.r N. 12°47' :5.4 fee -.t to a projection of the north Zinc. of Lot 5, , T. 7 S., R. 96 W., Gth P.M., thence S. 89°32' W. T'' .4.4 :t: to the South right-of-way Line of the ..:,•�� <�.1 .; .� 1 �&R�:zi�1 Railroad, ' ' ong I" 1 irQ c 1 itJr;t-cf-k'::ti' S. 55°321 W. 535) P to 1. •est: line of ;,l",t a1'1of :. r .. 9 feet .. .i r, aid oct.ion 27, thence S. O1°38' t'c: t to the South;E. Southwest corner of a . t; 89°:.'a' W 1297.7d SEa,;t�� Section 27, :i ,:.r8 with W. feet to the point of beginning. t•� :!; i ',valor And -:,:t •r ri:j}:':`t ditch :. ,. < � and ditch hts connected t , .rewi t.h or appurtenant thereto, #.ca eosc : 11ts and rights of way of public record Subject 3' 1SrvltionS o record. and prior ??1tGZ(�1 ,:.1•o exc.epted from the within cc:nvcyance the following C:',:;r•r ?}�.-� �:�:9i- I, of 1: nal'to-wit: t i:t'? No,..t 1 ..�+t .'o.Cn1 of Se'..:ti 34,C i.. ?`.M., t:1_,lit-e N. 39°29'E. 590 f''et;.thence S. j > t ,..:rc.. S. 52.9' 2).' W. 590 �`t i lti,rs t},Cr : � :r '':.('f:, T:1 /JI•:s or LCIS, . i , toi. 34; ! ! ence; t ..._-C3�C .�C�'i:C�:1on to the point North it.1_C�I'1� t})�' •L. ,3.. . e pof beginning. QUIT CLAIM .DEED C. a.. W. alUIi i:)ERS , /N47., a Co or:aco c rperrat to whom* arfdretta and other County of to ;oat net 55i GAR413.0 Mesa . rind Stxtte of EC 16 i9 State Dec. ras . for the co»aideration of Ten Dollars good and :•aluable consideretion---- Atilsm in t afad p*id, t"rr trv-aetIts' and y Ei;-t k taiiaxat,$) to IN}:RAW: T SANG OF GRANT? JUNCTION waw adattest%is P.O. Box 908, Grand junction County of Mesa , and State of Colorado , the following real ) 'r% F. in the County cf Garfield . and State of Colorado, to wit: rhe property ascribed in Exhibit A attached hereto and by this reference m. de a part hereof; Together with any and ail water, water rights, ditches and ditch rights appurtenant thereto and used in connection therewith; and Grantor hereby transfers, assigns.and conveys to Grantee all of Grantor's irsterst in Permit No. 8O -3O issued by the tt11;:tEd .`,and Reclamation Division, :,f the Cf41orado Department of Natural Resources to conduct certain operations on the above- described escribed real property; fefiktsamemilissavemvulaadiur ith all itt rapjnarti:nsn _dsyaf r .� '.'-,__ �__ .. . U id7EEt , INC. Colorado corporation SWOT --tf 414#6•4414.4444. Telco ig (-Walt"st irsty,1a f .� Pr 4t waver .' fix 't As itkv ai l6nYda abs eta Prosid nt of C. B. IC Ou "401"* -.3_i, a ''rlr,-r-tir •K,rT.�r wt XQ�Bry 4404 ,.Q.tra. 4 ,i STATE 0, ) ) ss. 20UNTY OF ) The foregoing instrument was acknowledged before me this .1 'lay of • -%1./• , 1986, by - -5acrtary of C.B.W. • a Colorado cori,oratiOn../t!,, Witness my hand and official seal. My commission expires ••cf. ."P t:c ••• ' / 6 Notary Public! • Sr- interillstiit iit* 'nett of land sittAate in. Section 2/, 34 ai4 Ild'A 7 South, it*Atk 95 West of tho 6tb P.M. described as foll,ews: *OrliAg at the Northwest corner of Seccian 34, Townshi;!. 7 South, Range St West 414:t4e ?.X., 020m4A. SP*-4ct al;"? the Vest line of sale. Section 34, 1273.0 feet to fence corner; twee, f -raze i3"54' West 254.4 feet, thence a1o.-0.; fence Sollth 16'59' went 563.2 feet; 1.et;c4 S:::Ath 07°29 East 72.; feet; tizi?eac,z alang zece So-,1th 2340' East 5.5.8 feet: fe;,-te South 57°29East 95.9 feet; feaca '3'3$' East 141.:!' feet to the West line of said along saic 1,17.n 264.5 i:cet to the center center of River Sod 7255' East 847.9 feet; ai Rive- North 60'15' East 229.5 feet; thence _al.:1/11-, center of River North 56°15' East 290.7 feet; thence i-i*.s River North 14'39' West 281.5 feet; ther:co East 87.: fe2t; the. East 254 9 feet: ter -:a West 214.5 feet; 7...hence East 333.2 feet; t1t:ien.ce Zasz 165.0 feet to the center of the Colorado River; Kiver Nc,rth 47,656' East 291.7 feet; .7.f River North 61'40' East 579.4 feet; of River North 71°34' East 644.1 feet; River North 22'49' nost 374. feet; • zact:e of River North East 365.6 feet to the North line of said• ,thor.c, • cer..t- of River North 00'06' nest 609.5 feet; center :f River North 1:'47' 'Pest 725.0 feet to a projection to the North - 5,1,tt-an 27, Townsh4,p 7 ScAlth, Range 96 West of the 6th 1' ..?4.; West 1514.4 feet to the South Right-of-way line of the :ARC,/ -.1__Ioao right-of-way South 55°321 West 535.9 fet to the West. line o tion 27; Fast 1320.2 feet to the Solithwes: corner cf said SEk SW k of i. Laest l297.7 feet to the Point of Beginning; or Parcel of land situate in Section 34, Township 7 South -c !he 6th P.M. mare pArticiarly described as follows; a ;;;.,.. ,,Jhence the Northwest ,:.ot-ner of ;action 4 brars 2-.:2"6,6 feet; 34'54' East 87.: feet.; 70'18' test 254.9 feet; e-: ;Last 45.9 feet: • . 1e44' wst 216.9 feet; 49"S2' West 165.8 feet; '147,24*4,6 west :66.5 feet to the Point of Beginning; --t.It63:alt13.:: a Eartel of lane! situate in Section 34, Toienship i South, Range 96 West.,ot AirAy rm. das‹.-..riired as follows: .•44.0vairibt :441: * Foint wheace the Nortltwest corner of Section 34 hears North 3454'4,0" 44,4423 et; ..0001.1t 15'02' nes; 333.17 feet; 7,14V4r '4Y Wes 156.19 feet., 14,,;ce, 42473' Use: 1-00.45 feet. kes., 137.13 ftt, 'VA 246 64 feet to Y•le Voint of tesirtang., ?WV of snb•,:iett prentty liiog outstele r1 the boundariot oi Lots ; 4 .51-eflos, Toftehtp .Sooth, Range 96 West of the 6th P,M. according to the T4sn1t4 SOusbx Itestge 94 4tat a the 6th P.M. sysamined it apptvve4 toy the Seaildf,x Kate.% 12, 1810 it Nieves, Colorado. - a tubjett atoperty 1....4... out,cids of the bovodery of Lot Is ;1.41 ! XestR, Range 96 West of the 6th P.M. according to Oa te-4v gift** N Vtac. of the 6th P.M. iota:tint:A and approved by the SurvaJt:, U. IS% at Denwerir, Ccilorado. tt AVM, CMLONAti,t; .• . • q. . 1..)1". t. the Co1orar14X-. • . *111101111timit. WARRANTY DOA) CHAR .Rb_ Y, ;y9opAR.D and JOFIN .JEBSEN,_also _knOwp as _.s HN G. JEBSEN Ki'i' .e axil ACs,s ES *County- of Me $.' , State of Colorado . frr the consideration of Ten Dollars and other good and valuable consideration xattI41it in hand pari. hereby sellis) a:ttc? �.weekts t,, INTRAWT-EST sn_NK OF CRAND JJNCTION *bow teg F.L. BL)x 908, Grand Junction, Yr_tit 701 MIMS GARF WLD DEC 18 Sate Doc. Fps $ /p 7 Count} of Mesa . and State of C o 1 o r a: a ktitowaug re& property In the :~?"truths. *c, wt7. County of Garfield fb.. and State of t ' ,t -. The property described in Exhibit A attached hereto and by this reference made a part hereof; Together with any and all water, water rights, diches and ditch rights appurtenant thereto and used in connection therewith; ani Grantors hereby transfer, assign and convey to Grantee all of Grantors' interest in Permit No. 80-80 issued by the Mined Land Reclamation Division of the Colorado Department of Natural Resources• to c=o ?,.tct certain operations on the above-described real property; xz =fxlfttwfot - *Itto4V rix a P6rIen tcet . ,teti *401.110si OW Mk tc, the-.dm..nhje t to easements, reservations restrictions as set forth in commitment to insure issued by Title insurance Company Case No. 85-9-145 C-3 1941 Chari;* V. Iodard OF Zexas ) ss cck,.--wri OF Travi!3 The foregoing instrument was acknowledged before me this 7e1 day c.f November , 1986, by John Jebser, also know:. as John G. Je.bsen. 000*. Witness my hand and official seal. 7-1: 89 IA' commission expires: .ry' Pubiic ; 11_ t I t }.. UDdiviAei Fax interest ir. anti to a Trect of land zituete in Section. 27, 3-4 nn4 33 a ewes'e1p ? S:,utb, Range 96 West of the 6th P.M. described as follows: •S+Dg£^st£ne et the Northwest corner of Sec_ioa 34, Township 7 South, Range 96 West of the 6th P M.; thence Seeth along the test line of said Section 34, 1273.0 feet to fence corner' the.nee eior.€ fence South 13°54' West 254.4 feet; t tetac.e along fence South 16°59' West 563.2 feet; :.hevee a1a-tg fence South 07°29' East 72.7 feet; thence along fence South 23'40' East 55.F feet; t ?:rxcce ::long fence South 37°29' East 95.9 feet; eleng fence South 73°33' East 141.2. feet '_o the West 1iee of said .eee _'i:: _ 4 ; t i ence South along said Section line 268.5 feet to the center of the Coiora40 • he :enter of River South East 847.9 feet; .., • eeeeer ef :river North S0°15' 229.5 feet; _een:ce eloag center of River North 56°35' East 29C.7 feet; , -thence leaving River North 14°39' West 281.5 feet; thence Norte 34'04' East 87.1 feet; :.:fence J'::r _e 75°18' Eest 254.9 feet; ..Dente Ner :... 2()'13' West 214.5 fret; thence ii:- . Est 333.2 feet. thenceS::...... ; "09' Fast 165.0 feet co the touter of the Colorado River; ehenee _,one center of River North 43°56' East 291.7 feet.: thence ,i1ang center of River North 61°40' East 579.4 feet; she __ center of River North 71°34' East 664.1 feet; _ ;encu .._: a , center of River North 22°49' East 374.3 feet; e�c<• :aweeg _enter. of River North 00°32' East 965.6 feet to the North line of sa.d Sec.t_ree ; ._a._._ce rice? ^enter of River North 00°06' Eaet 009... feet, ite ce _ez_ter of River North 12'47' West. 725.0 feet to a projection ;o the Morels _in_ c -E Let 5, Section 27, Toweehip 7 South, Range 96 West- of the nth P.M.; thence S-uch 89'32' West 1514.4 feet to the South Right -of -Way line of the D&RGW Railroad; tierce along railroad right-of-way South 55°32' West 535.9 feet to the West line of SET: S :a cf said Section 27; thence Seeth 01'38' Fast 1020.2 feet to the Southwest corner of said SES SW of Section thence Seete 89°29' West 1297.7 fe to the Point of Beginning; EXCEPT_N,' therefrom a Tract or Petoel of land situate in Section 34, Township 7 South Range cat of the 6ch P.M. more particularly described as follows: Cminrn4. a' a- point ehence the Northwest corner of Section 34 brars .:lentis 2': °2'<' :'.O" West 2626.6 feet; 'he:^: a Net34'04' East 87.1 feet; aacr '.ere:'. 70'16' East 254.9 feet: ee ee 5ee..;e. 25'"1.3' East 45.9 feet; ,oe Se;.i, 3°44' West 216.9 feet; -thence .S<.:•.:tn. 44°52' West 165.8 feet; theAce ;;reit 14°39' West 166.5 feet to the Point of Beginning; ALSO 'EXCEPT a Parcel of land situate in Section 34, Township 7 South, Range 96 West of €h • 5th- des-ribed as follows: $eg3nning ..t a point whence the Northwest corner of Section 34 bears North 34°54'30" 1,4.4t 253. feet; ?senee iicrth ?5'09' East 333..17 feet; mea 5o',:..., 2.3°40' 'Jest 158.19 feet; ▪ Ge Sp. _ . 42'..3' West 1013.85 feet; ttencs See: s 'v. `f.2 west 137.15 feet; 4.406te it re `-. 26'13' :Jest 226.68 feet to the Poinc of Beginning; A&.$'` U ?' ,.y eertion of subject propertypp1 _ng outside of the ou:.s,< i __ :;i eete 4 Te cry s g - tinb � �x rr+'=. .. :�+, .r.rs3^i 7 South, Range .6 West of the 6 h P.M.P.M, accord�..� to the a ate# Tee " Suet`, Range 96 West o' the pith P.M. examinee and approved by ehe hYY, vaJ .,. Merch 12, 1890 at D ne` r, (:ulorado. 1 fi= eey 'sortie^ of subject property lying outside of the boundary of Lot 5 of : rrlar: Tcvr.: ashlar 7 South, Range 96 West of the 6th P.M. according to the map cif 4004aie p ..eeth, Range 96 .lest of the 6th P.M. examined and approved by the Surwe.;e' 4V4lAii6rc1Y 12, .1890 a: iaasaysr, Colorado. VCO ? rti =;ORADO 4,.-k as 3 QUIT CLAIM DEED m .I�- JUN 1 1987 JOHN JEBSEN, also known as JOHN G. JEBSEN whte address is c -/o J. Richard Livingston, O. Box 398, Grand Junction GARaELD t ;Hint; of Mesa. and State of 1 ,JUN 16 1987 1 State Doc. Fee . farthe consideration of Ten Dollars anct other coo and valuable consider; +ion $ r. Colorado PROWS in hand paid. l herehy sells) and cauit elaitn(s) to UNITED BANK OF GRAND .;UNCTION - DOWNTOWN , formerly known as IntraWest Bank of Grand Junction whose address is 359 Main Street, Grand Junction County of property, to the Mesa , and State of County of Colorado . the following real Garfield . and State of Colorado, to wit: All real property located in Sections 27, 34 and 33, Township 7 South, Range 96 West of the 6th P.M. Together with any and all water, water rghts, ditches and ditch rights appurtenant thereto or used in conneciton therewith; aItockMDIN :ac9cAxetjt:exiItxir'.xcptxx with all its appurtenances . Signed this - rt day of ,,fAt j Texa s s AT }. 0I, GOCU t.XAB, (',rurty' f /j" .rr:trument war a<knnµlt•d <r ,,,•:r John Jebsen, also known as John Y', Jebeen., re. / .1987 John Jebsen, also known as Iahn—G.._ Jehsen ... L. ..?inl.a„ liA: i Recordedat Reception'No. i F CHARLES V. whose address is Colorado other good il 4eIoek i QUIT CLAIM DEED WOODARD County of Mesa , and State of , for the consideration. of Ten Dollars and and valuable consideration ]DOeltskin hand paid, hereby sell(s) and quit claim(s)to UNITED BANK OP GRAND JUNCTION—DOWNTOWN, National Association, formerly known as IntraWest Bank of Grand whose address is Junction 359 Main Street, Grand Junction County of Mesa • , and State of Colorado , the followingreal corder. i am .'740 pts€307 • GApRRELDma State Doc. g property, in the County of Gar f ie ld . , and State of Colorado, to wit: All real property located in Sections 27, 34 and 33, Township . :7 South, Range 96 West of the 6th P.M. Together with any and all water, water rights, ditches and ditch rights appurtenant thereto or used in connection • therewith; ii . with all its appurtenances. Signed this dayof ,19 88 Charles V. Woodard STATE OF COLORADO, ss.. County of64/fr(.. f} ' � r' t The foregoing instrument was acknowledged before me this • • r 1988;by Charles V. Woodard• 7,`.t‘. mycoma-Illusion expires !''. y �1C I '` 'WITN.ESS my hand and official seal. I ' I` •day of wryr�blio .lfE:Rcv. 245: • 'QUIT CLAIM DEED'(9sort form) analord AMA*, sus W. 6thAK., calceu:wa, co 80214 — (303) 233.6900 EE w Box 801 ?am SPECIALWARRANTYDEED UNITED BANK OF GRAND JUNCTION -DOWNTOWN, N.A. formerly IntraWest Bank of Grand Junction, and State of Colorado , for the consideration Ten Dollars and Other Valuable Consideration MOM in hand paid, hereby sell(s) and convey(s) to HERITAGE TRUST COMPANY, TRUSTEE EEO GRAND JUNCTION ORTHOPEDIC ASSOCIATES PENSION PLAN—WILLIAM R. PATTERS See attached Exhibit "A" and by this reference incorporated herein. also known as street and number with all its appurtenances and warrant(s) the title against all persons claiming under 6ork6or). it.. '1 Signed and deliycred this The foregoing instrument was acknowledged before me this Dean Massey as Senior Vice President and John J. Kammerer, as retary of United Bank of Grand Junction -Downtown, N.A., West Bank of Grand Junction. Witness my hand and official seal. No. 900. Rev. 646. SPECIAL WARRANT,/ DELI) ISlaori Fermi Sk25 W. Oa Aw.. Lakewood. CO 80214 -- (303P 2369� Bog 801. MGE36S An undivided 80% interest in the following described land: A tract of land situate in Section 27, 34 and 33 of Township 7 South, Range 96 West, of the 6th P.M. and described as follows: Beginning at the Northwest corner of Section 34, T. 7 S., R. 96 W., of the 6th P.M.; thence South along the west line of said Section 34, 1273.0 feet to fence corner; thence along fence S. 13 degrees 54" W. 254.4 feet; 563.2 feet; 72.7 feet; 55.8 feet; 95.9 feet; 141.2 feet to the West thence along thence along thence along thence along thence along line of said thence South of Colorado River; along center fence fence fence S. 16 degrees S. 07 degrees S. 23 degrees fence S. 37 degrees fence S. 73 degrees Section 34; along thence thence thence thence thence thence thence thence thence River; thence thence thence 59' 29° 40° 29° 33' W. E. E. E. E. said Section line 268.5 feet to the center of 73 degrees 55' E. 847.9 along center of river N. 80 degrees 15' E. 229.5 along center of river N. 56 degrees 35' E. 290.7 leaving river N. 14 degrees 39' W. 281.5 feet; N. 34 degrees 04' E. 87.1 feet; N. 70 degrees 18' E. 254.9 feet; 20 degrees 13' W. 214.5 feet; 75 degrees 09' E. 333.2 feet; 57 degrees 01' E. 165.0 feet to river S. N. N. S. along along along thence along thence along the North line of said center of L enter of center of center of center of thence along center of thence along center of a projection of the R. 96 W., 6th P.M.; thence S. 89 degrees 32' W. 1514.4 line of the D&RGW Railroad; thence along railroad right-of-way to the West line of SE1/4 SW1/4 of thence S. 01 degrees 38' E. 1020.2 of said SE1/4 SW1/4 Section 27; thence S. 89 degrees 29' W. 1297.7 river river river N. 43 N. 61 N. 71 river N. 22 river N. 00 Section 34; river N. 00 river N. 12 degrees degrees degrees degrees degrees the 56' 40' 34' 49' 32' center of E. 291.7 E. 579.4 E. 664.1 E. 374.3 E. 965.6 degrees 06' E. 609.5 degrees 47' W. 725.0 North line of Tot 5, Section 27, T. feet; feet; feet; Colorado feet; feet; feet; feet; feet to feet; feet to 7 S., feet to the South right-of-way S. 55 degrees 32' W. 55.9 feet said Section 27; feet to the Southwest corner feet to the Point of Beginning. EXCEPTING from the above the following: A. Any portion of subject property lying outside of the boundaries of Lots 2, 3 or 4 of Section 34, Township 7 South, Range 96 West of the 6th P.M., according to the map of Township 7 South, Range 96 West of the 6th P.M., examined and approved by the surveyor general, March 12, 1890, at Denver, Colorado. B. Any portion of subject property lying outside of the boundary of Lot 5 of Section 27, Township 7 South, Range 96 West of the 6th P.M., according to the map of Township 7 South, Range 96 West of the 6th P.M., examined and approved by the Surveyor General, March 12, 1890, at Denver, Colorado. C. Any portion of the subject property lying Easterly and Southerly of the Northerly and Westerly meander line of the Colorado River. D. That portion conveyed to Garfield County for road purposes being 60 feet in width as described in Deed recorded October 10, 1909 in Book 79 at Page 285 as Reception No. 38312. Together with all water, water appurtenant thereto. rights, County of Garfield, State of Colorado ditches and ditch rights EXHIBIT kcssrii,.n V,. 44 ,068 e. \ I ttrrunl�Yl al _ _.. . Gr mtor(s), • t t:1'. DEC 1 .# 1992 WARRANTY DEED Wyndell La Faye Bishop Re:,Ydct. whose address is 2697 G Road, Grand Junction "County of Mesa , State of Colorado , for the consideration of Twenty -Five Thousand-----dnitars. in h;u)d paid. hereby scuts) uuus 849 ?AGE51.2 OUP 1992 :.. State DCG. t✓ tit"; $ and convcy(s) to Ronald E. Tipping and Marie E. Tipping, as joint tenants whose legal address is 1967 Broadway, Grand Junction County til Mesa , and State of Colorado the ti)Ilow'ing real property in the County of Garfield , and State of Colorado, to wit: An undivided twenty percent (20%) interest (being all of Grantor's interest) in and to the real property described on Exhibit A, attached hereto and incorporated herein by reference. Grantor, by this conveyance, further sells, conveys, assigns, and transfers to Grantee all of the Grantor's right, title and interest in and to that certain Oil and Gas Lease between United Bank of Grand Junction -Downtown, N.A. and Wyndell LaFaye Bishop, as Lessors, and Barrett Energy Company, as Lessee, dated February 27, 1989, and recorded on March 27, 1989, in Book 751 at Page 197 of the records of Garfield County, Colorado. also known by street and number as with all its appurtenances. and warrant(.) the title to the same, subject to 1992 real property taxes, due and payable in 1993, and all subsequent real property taxes and assessments; also subject to all easements, rights of way, restrictions, and reservations of record. Signed this 8' day of e.e1/ !11192 STATE 01- COLORADO, County nt MESA • r444 .2 La F ye is -r_ i The foregoing instrument was acknowledged before me this day of by Wyndell La Faye Bishop. My commission expires ') • ct 3 '11 in t)cnML in'.crl "ray and." less my hand and ofticlaf s Vu. 897, kc* • 12.$S. µeRRAN'i l' toll) ilbart 1'w111t nu.dmt Puhiuhing. 1743 %Ice til . Denver, (Y) 40202 _.1301) 202.2501) •- 11-00 04 • 81M 849 Pact 513 MIBIT A 6411 A tract of land situate in Sections 27, 34 and 33 of T. 7 S., R. 96 W. of the 6th P.M. and described as follows: Beginning at the Northwest corner of Section 34, T. 7 S., R. 96 W. of the 6th P.M., thence South along the West line of said Section 34 1273.3 feet to fence corner, thence along fence S. 13°54' W. 254.4 feet, thence along fence S. 16°59' W. 563.2 feet, thence along fence S. 07°29' E. 72.7 feet, thence along fence S. 23°40' E. 55.8 feet, thence along fence S. 37°29' E. 95.9 feet, thence along fence S. 73°33' E. 141.2 feet to the West line of said Section 34, thence South along said Section line 268.5 feet to the center of Colorado River, thence along center of river S. 73°55' E. 847.9 feet, thence along center of river N. 80°15' E. 229.5 feet, thence along center of river N. 56°35' E. 290.7 feet, thence leaving river N. 14°39' W. 281.5 feet, thence N. 34°04' E. 87.1 feet, thence N. 70°18' E,. 254.9 feet, thence N. 20°13' W. 214.5 feet, thence N. 75°09' E. 333.2 feet, thence S. 57°01' E. 165.0 feet to the center of Colorado River, thence along center of river N. 43°56' E. 291.7 feet, thence along center of river N. 61°40' E. 579.4 feet, thence along center or river N. 71°34' E. 664.1 feet, thence along center of river N. 22°49' E. 374.3 feet, thence along center of river N. 00°32' E. 965.6 feet to the North line of said Section 34, thence along center of river N. 00°06' E. 609.5 feet, thence along center of river N. 12°47' W. 725.0 feet to a projection of the north line of Lot 5, Section 27, T. 7 S., R. 96 W., 6th P.M., thence S. 89°32' W. 1514.4 feet to the South right-of-way line of the 08,RGW Railroad, thence along railroad right-of-way S. 55°32' W. 535.9 feet to the West line of SE.aSW1 of said Section 27, thence S. 01°38' E. 1020.2 feet to the Southwest corner of said SE1SW1 Section 27, thence S. 89°29' W. 1297.7 feet to the point of beginning. Together with all water and water rights, ditches and ditch rights appurtenant to or used in connection with the above described property. R±CJRGtO /.'/D (I'CLOCKP.M. R=C s loilr7 AUG t9 199 MLLORcG ALSOGI:F. ,ARFI'. .L' 1I i1- `,r AFFIDAVIT OF TERMINATION OF LIFE ESTATE! Plio(0912: x,.,191 In the matter of the Life Estate of Ruth J. Ellis, Huntington T. Walker of 600 17th Street, Suite 2620-5, Denver, Colorado 80202, being first duly sworn upon oath, deposes and says, that he is of legal age and has personal knowledge of the fact that Ruth J. Ellis is one and the same person referred to in that certain death certificate attached hereto as Exhibit "A". That said Ruth J. Ellis reserved a life estate in that certain Special Warranty Deed dated June 15, 1967, by and between Frank Williams and Ruth J. Ellis, formerly Ruth J. Wyatt, Grantor, and Albert DeMaestri and Cathryn DeMaestri, Grantee, recorded in Book 388, Page 200 of the Garfield County records, underlying the lands described on Exhibit "B", attached hereto and made a part hereof. That said Ruth J. Ellis died in the County of Garfield, the State of Colorado on October 10, 1992. Now therefore, the life estate reserved by said Ruth J. Ellis underlying the above-described lands is now vested with the remainderman. And that the undersigned has no record interest in said real property. 7 AAJJC Huntington T. Walker STATE OF COLORADO ss. CITY AND COUNTY OF DENVER ) Before me, the undersigned, a Notary Public, within the aforesaid County and State, on this 16th day of August, 1994, personally appeared HUNTINGTON T. WALKER. a t./u,// h CIA -LA -41 Notary Public - Kathy Larkin Address: 600 17th Street Suite 2620-S Denver, CO 80202 My Commission Expires: No:remb'er 1, 1995 Goo /7 `n St a6 2.0 -Ss %p o° f'M 11 N;: IB IT Alrff31P 1=, ZZEll SE or ATH AMY 6.1411,4 ... ... MM.Y.4Y•+104f• &&&&& "IbIal••••411..1.1.11014.0041.1..0•0.•01.1. STATE OF COLORADO ` nn I 9 2 017 18 4 STATE OF COLORADO CERTIFICATE OF DEATH OEC E 0E 6' S NAME 11.011 0.0010 (4111 it to 1V 121-09-5044 *05 oECE0EN1 EYE0.N � s . ME 0 rONCES• H05P•rA• . Y•1 X'" x;.^011.0.' -. EA,O•'orr.•. 06 FAC"1110 NAME 11.......•, nn. 9`• 1..••r a^O 10000•11 EJ.I S LE'I 50 4,000 TCM; ^01Yt , •. 78A F?mai Sc 400E A • 04. 0 0,1 0, 6'0. • 000 .1• Dctobet 1_0_ 1992 CO. ; 0, 45 .o. None .. 0.1^440• 0•^413,0•0.•,. Tr 1. 'Gw6 O4 LOC4„O1 Or DEA•1. as GaRi4•iefd TO/ DICF0ENr5440/41.00CUrAT.ON 10.1.•^0On: .OM....960.0Olp4,,, OM1 Homemaker 100 .2600' *US'NESS:,NOUS AA Own home T'. 440.11E 3T'w004,0e05004,0e0: N.•«M••A•a <C.•A Widowed Set?U5f'' •••••••••• . s'•e' Ad k Etti.e '34 S,AEEr 060 6460E0 . '3. 0E510EMCE 604'1 '30 COUNT. k C'T" TOM. OA,0O0T,00 Cotonado ,Ganiiwa RiAte Tar 100610t I'n fly e000 CITY 060M• 060M, 'No 81650 1.0 wo10E WEE 66$040,47500G.N+ 1 .E. Aker, A64,446 ln0..6 I •4 DECEDENT 3 EDUCat'0615444..,0•'''.5' .. 1540016 No 64 Y•.. 11100 00•C4Y Cuba^ 1Y1<. Me4. 31, 13440,6• n40..0.0•^°.'N01E.'•_-••...r a 60c.14.6:‘,.... Mama.404.4 064. •.<I 1...,-, White 11 I ,AT. (..FO NAM .I..., 3140.. .•1.. J. Footer Genney Ew.N.4F 'r1,. MKC10 L 64044 a MC••• .. . Mtnnie Good IT •N!0 016 114E ,-C .r., •:C•,..0'00.<ea•.• Lee ttaytolvtd - Nephew 'N30 ME 1600 Or 0,3603,NC. " 06060 k: C•46.1C•46C•46.16004.660,w.'- Oo.•• Now 5,.:. -DOM..«. 06•«.5060413. _ _.. 000 •LACE Or O'5"050001Orono C10•' •'«> 01"436 0' 000. 0/•0•. Martin Cnema.tony 20c .00.+'OY C•. o•To.• 5'e'• Grand Junction, CoIonado , 010 3g4,01101E 000UNEML 01P16TOA0A K ,61.10N *Cnrr AS SUCH • 1110',. .�� ' ,� "14 2,0 NAME*110 ADD3E35 Or 'Awl',Man tin MontEEary 550 North Ave., Grand Jct., CO t.0 81501 0✓ E3E 11 0.11TAAai i'DNAIU*U •..I , )] • EAT.. 04 D^ )Art NCEOD)pRD 5:45 P. M 0ctobea 10, 1192 (1120 OdErU CO WO•'604, •err /2, .x)41-/9y� ]S 0/43-`0006 r1 NO,"•f 03 5:45 PM No 0..116^. TO 11 CON NATIO ONLT n C1RTIr31N0 n.Ti1CSAN 29 0014pe.«0.140.104090NQ,0304^OdN,M 11130.1•,000.30 *21400.,0 1-00001,1100, 34 WE 616 NED •0404 4 0•, 0363 s NALIE T'T4Ea.N..AloNOa00AE33 Dr CE PTIFTER,COPONEA'T,5..10'.' TO 1l CONNATE° INT 003061" Tl G.n. oar 0•46.,0..0.400Ande...' 111•941.00 .0 w, 00.444 a•aP q:• . 00•• • a , :..00 a• 21.144 <.11•.0 .04 4.444, 46,2. ✓0 54 4 44'..► 33 DATE 310NE0.404,. 04, TNT,, ]' YtAM a4N0.N6✓..TE 'AR NEAT �p �E4•.t'f 5.&a.•r Ave. Rifle, CO :'P 81650 33 610/4013 Of DEATH X:1206tvs, M, 2219 '041.9.1100 0 *00.4102 0 346004 0 41 rqm' 4.00 LAI '131 334 DATE CP' 'NAM 140010 Da, Yeo 333 TINE Or NJUN'0 330 'NJ�� AT 0Y0 ONO 330 0E10CR'31 H0\T INN 011300 alk RACE Or I16N0Y.A 00•000.10r, 604&10001oey. 01'6* 3100060 400 15440213 331 LOCATION BEIM 460 001000' 0, 0v,« 110010 Ho-4*,CM. 00o.M. 30,0, 34 1040r101*7E M0T 10•T.'? 4 N• .1ANY WH KN OAl'E 4331 TD MEDIATE C4,131 3'47160 THE 4601161. TING CAUSE :431 KI 'MAK WNW 00L rot[ G*000 046 .1101 POA EV. (10 A.40 141 0040. M •' W 0110 a 0/'0) ,•41. 00,0,30rM +L M A000,0•606 *L11MMO R ' ' t• N V N r .a �. suF E vi,nsr 1G 1011101' *01.000 0410 1040411^ .01.101' 001601. 0000' •00040^ 003°•4. 06004 •^4 0/p• MIA 000E0 6'ON,T1C4T/T CONOIT,o,.1. 04^00,00.000,1000..E Io 0466 e0/ 0a 14140100!•• .2 4001' N 0. MCM'a rove. ODe'ry. 46010` . 34 44104/10 N If YES *31•,6001, 00.104«04 Tr. 0,641 wOM.wu'rq Wra 0••101 No THIS IS 1OCy� T�F��I I ,TIV IS A TRUE ANO CORRECT COPY OF THE OFFICIAL RECORD WHICH IS IN MY CUSTODY JOSE NIA() (: ANNE 'I ',TA '1 RQCuj!AA13 Uv nut .hcept tittle., prepared on seiurt) ',ape! 1.111, cngrated border di.pLlymg Ilse ('oluradit .uur ral and 0143:0301 nt 311' Ro•e1s31.11 f'E:" •\13'1'1 BY I.:\'% Section _5.'_.118• Colorado Roused S!:0111:•. ( .a(^ II :in 110•^013 :,1113•^. use,. atlenIpn to tote oT turnrsheo If/ Ilh)lller for deceptive 1150 ars 11.'151.11!•11,•1,•,01: ♦001 \.\IIf) I' I'l11)1(k't)(II:I) t `F Qp,RrMEhr •O1 0•.�'q • Y t1 A'•iai:.:' j. 1 '.....m...'+�.CwYr...W:liii:iiiiifl�.:\':..'.\'.K..n.YY'i.':iA1L':er'.i\.i:V.Y•iY:.l.�.wii:•ti1:�:.': 2.44.4 ..51.n...«...:.1'01I •' •.:ll.t .L . '.� ill rM.. �9 ... .111 t • ,.l . }a. t`i•i. 'i.+ilL-i.1�r._;i_�tv.��T;�i'r,t ..r^?L`..,.�..c�,•:ia...�'•r �6a'. 11:,11 ItiS1 E1) AUG 0 2 1994 ,+n r: .'11912 EXHIBIT "B" Township 7 South, Range_ 96 _W.st, 6J1_1101._,_G.eorf laid CounLY, _Colorado That part of Sections 27, 33, and 34 described an follows: 793 A tract of land 9.itrrete In Sections 27, 34 end 33 of T.7S., R.96W of the 6th P.M. end described an fcllowe: Beginning et the Northwest corner of Section 34. T.7S. R.96W of the 6th P.M., thence South along the West line of meld Section 34 1273.0 feet to fence corner, thence along fence S. 13 degree's 54 minutes W. 254.4 feet, thence along fence S. 16 degrees 59 einuten W. 563.2 feet, thence along fence S. 07 degrees 29 m1nnten E. 77.7 feet, thence along fence 5. 73 degrees 40 minutes E. 55.0 feet, thence along fence S. 37 degrees 29 minutes E. 95.9 feet, thence along fence S. 73 degrees 33 minutes E. 141.2 feet to the Went line of said Section 34, thence South Along meld Section liar•. 260.5 feet to Lhe center of Colorado River. thence along center of river S. 73 degrees 55 minutes E. 847.9 feet, thence along center of river N. 00 degrees 15 minutes E. 229.5 feet, thence along center of river N. 56 degrees 35 minutes E. 290.7 feet. thence leaving river N. 14 degrees 39 minutes W. 281.5 feet, thence N. 34 degrees 04 minute's E. 87.1 feet, thence N. 70 deareen 18 minutes E. 254.9 feet, thence M. 20 degrees 13 minute's W. 214.5 feet.. thence N. 75 degrees 09 minutes E. 333.2 feet, thence S. 57 deareen 01 minutes E. 165.0 feet to the canter of Colorado River. thence alone center of river N. 43 degrees 56 minutes E. 291.7 feet, thence along center of river N. 61 degrees 40 minutes E. 579.4 feet, thence along center of river N. 71 degrees 34 minutes E. 664.1 feet, thence along center of river N. 22 degree's 49 minut.en E. 374.3 feet. thence along center of river N. 00 degrees 32 minute's E. 965.6 feet to the North line of said Sectalon 34, thence elong center of river N. 00 degree's 06 minutes E. 609.5 feet. thence elona center of river N. 12 degrees 47 minutes W. 725.0 feet to a projection of the north line of Lot. 5, Section 27, T.75. R.96W. 6th P.H. thence S. 89 degree's 32 minutes W. 1514.4 feet to the South right-of-way line of the OI:RGW Rnllrond, thence along reilroed right-of-way S. 55 degrees 32 minute's W. 535.9 feet to the Went line of 5E/45W/4 of maid Seel/on 27. thence S. 01 degrees 38 minutes E. 102.0.7 feet to the Southwest corner of said SE/4SW/4 Section 27, thence S. 89 degrees 29 minutes W. 1297.7 feet to the point of beginning. 1111111111111111111111! 11111111111111111111111111111111 575673 02/02/2001 11 28A B1230 P21 M ALSDORF 1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO AFFIDAVIT (FOR PROPERTY OF TRUST) STATE OF COLORADO COUNTY OF DENVER The undersigned, of lawful age, being first duly sworn, upon oath deposes and says: 1. Affiant, Linda Synnefakis, is the Trust Officer of the hereinafter -named Trustee and as such has authority to execute and to record this Affidavit. 2. The "Rocky Mountain Orthopaedic Associates, P.C. Pension Plan - Patterson" is the name of the Trust which may acquire, convey, encumber, lease, and otherwise deal with interests in real property in said name. 3. The name and address of the Trustee who is represented by such name is: Name: Address: Wells Fargo Bank West, N.A. 1740 Broadway C7301-023 Denver, Colorado 80274 4. This Trust Affidavit relates to property legally described as follows: See attached Exhibit A, Legal Description 5. The above-named Trustee may convey, encumber, lease, or otherwise deal with any interest in property acquired or held in the name of said Trust. 6. This affidavit is executed and recorded pursuant to the provision of Title 38, Article 30, Section 166 of Colorado Revised Statutes, 1973, as amended. Wells Fargo Bank West, N.A., Trustee of the Rocky Mount 'n Orthopaedics P.C. Pension Plan - Patterson AFFIA , Linda Sy efa s, Trust Officer Subscribed and sworn to before me this 25th day of January, 2001, by Linda Synnefakis as Trust Officer of Wells Fargo Bank West, N.A., Trustee of the Rocky Mountain Orthopaedics P.C. Pension Plan - Patter n, uII ig,,,, / • Witness my hantanjffa9R pial. -0-0--0- 'PUBLIC' d"oo; My commission expires: MY COMMISSION EXPIRES; September 16,2002 aNG EXHIBIT A LEGAL DESCRIPTION An undivided 80% interest in the following described land: A tract of land situate in Section 27, 34 and 33 of Township 7 South, Range 96 West, of the 6th P.M. and described as follows: Beginning at the Northwest corner of Section 34, T. 7 S., R. 96 W., of the 6th P.M.; thence South along the west line of said Section 34, 1273.0 feet to fence corner; thence along fence S. 13 degrees 54" W. 254.4 feet; thence along fence S. 16 degrees 59' W. 563.2 feet; thence along fence S. 07 degrees 29' E. 72.7 feet; thence along fence S. 23 degrees 40' E. 55.8 feet; thence along fence S. 37 degrees 29' E. 95.9 feet; thence along fence S. 73 degrees 33' E. 141.2 feet to the West line of said Section 34; thence South along said Section line 268.5 feet to the center of Colorado River; thence along center of river S. 73 degrees 55' E. 847.9 feet; thence along center of river N. 80 degrees 15' E. 229.5 feet; thence along center of river N. 56 degrees 35' E. 290.7 feet; thence leaving river N. 14 degrees 39' W. 281.5 feet; thence N. 34 degrees 04' E. 87.1 feet; thence N. 70 degrees 18' E. 254.9 feet; thence N. 20 degrees 13' W. 214.5 feet; thence N. 75 degrees 09' E. 333.2 feet; thence S. 57 degrees 01' E. 165.0 feet to the center of Colorado River; thence along center of river N. 43 degrees 56' E. 291.7 feet; thence along center of river N. 61 degrees 40' E. 579.4 feet; thence along center of river N. 71 degrees 34' E. 664.1 feet; thence along center of river N. 22 degrees 49' E. 374.3 feet; thence along center of river N. 00 degrees 32' E. 965.6 feet to the North line of said Section 34; thence along center of river N. 00 degrees 06' E. 609.5 feet; thence along center of river N. 12 degrees 47' W. 725.0 feet to a projection of the North line of Lot 5, Section 27, T. 7 S., R. 96 W., 6th P.M.; thence S. 89 degrees 32' W. 1514.4 feet to the South right-of-way line of the D&RGW Railroad; 535.9 thence along railroad right-of-way S. 55 degrees 32' W. I/1Ifeet to the West line of SE1/4 SW1/4 of said Section 27; thence S. 01 degrees 38' E. 1020.2 feet to the Southwest corner of said SE1/4 SW1/4 Section 27; thence S. 89 degrees 29' W. 1297.7 feet to the Point of Beginning. EXCEPTING from the above the following: A. Any portion of subject property lying outside of the boundaries of Lots 2, 3 or 4 of Section 34, Township 7 South, Range 96 West of the 6th P.M., according to the map of Township 7 South, Range 96 West of the 6th P.M., examined and approved by the surveyor general, March 12, 1890, at Denver, Colorado. B. Any portion of subject property lying outside of the boundary of Lot 5 of Section 27, Township 7 South, Range 96 West of the 6th P.M., according to the map of Township 7 South, Range 96 West of the 6th P.M., examined and approved by the Surveyor General, March 12, 1890, at Denver, Colorado. C. Any portion of the subject property lying Easterly and Southerly of the Northerly and Westerly meander line of the Colorado River. D. That portion conveyed to Garfield County for road purposes being 60 feet in width as described in Deed recorded October 10, 1909 in Book 79 at Page 285 as Reception No. 38312. Together with all water, water rights, ditches and ditch rights appurtenant thereto. County of Garfield, State of Colorado N 111- N 41= r N C9 CDr • N� N) NMPI oeNMI m�ME o• - N - 00— Eamin rin i rN cm n -v- ZN- •mac 3a o MIMEO 111111111111 11111111111 11111111111111111111111111111111 573674 02/02/2001 11:32A B1230 P23 M ALSDORF 1 of 2 R 10.00 D 32.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 25th day of January, 2001 between Wells Fargo Bank West, N.A., formerly known as Norwest Bank Colorado, National Association, successor in interest to Heritage Trust Company, Trustee FBO Grand Junction Orthopedic Associates Pension Plan - William R. Patterson, now known as Rocky Mountain Orthopaedic Associates P.C. Pension Plan - Patterson, of the City and County of Denver, State of Colorado, Grantor, and Rodney C. Power, Grantee, whose legal address is 2415 F Road, Suite B, Grand Junction, CO 81505. WITNESSETH, that the Grantor, for and in consideration of the sum of Three Hundred Twenty Thousand and No/100 Dollars ($320,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, his heirs and assigns, forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Garfield and State of Colorado, described as follows (the "Property"): See attached Exhibit A, Legal Description Also known by street and number as: Vacant Land with all appurtenances and subject to real property taxes and assessments for the year of closing and subsequent years; distribution utility easements (including cable tv); building and zoning regulations; matters that would be disclosed by an accurate survey of the Property; covenants, conditions, restrictions, leases, easements, rights-of-way, whether recorded or not; other matters of record, if any; and rights and claims of co -tenants in the land and to the rights of anyone claiming under them, including but not limited to rights of partition, claims for improvements, claims for reimbursement, creditor's claims and agreements between co- tenants. TOGETI-IER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, his heirs and assigns forever. The Grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. Wells Fargo Bank West, N.A., has executed this deed not personally but solely as Trustee of the Rocky Mountain Orthopaedic Associates Pension Plan - Patterson. Therefore, Grantee waives any claim or right to proceed for the enforcement of any of his rights hereunder against Wells Fargo Bank West, N.A., in its individual capacity. This Special Warranty Deed is given in connection with a Trust Affidavit recorded contemporaneously herewith. IN WITNESS WHEREOF the Grantor has executed this deed on the date set forth above. Wells Fargo Bank West, N.A., formerly known as Norwest Bank Colorado, National Association, successor in interest to Heritage Trust Company, Trustee FBO Grand Junction Orthopedic Associates Pension Plan - William R. Patterson, now known as Rocky Mountain Orthopaedic Associates P.C. Pensio lan - Patterson By: `- Name: Linda Synnefakis, T4ust ficer STATE OF COLORADO CITY AND COUNTY OF DENVER ) ss. ) The foregoing instrument was acknowledged before me this 25th day of January, 2001 by Linda Synnefakis as Trust Officer of Wells Fargo Bank West, N.A., formerly known as Norwest Bank Colorado, National Association, successor in interest to 1-Ieritage Trust Company, Trustee FBO Grand Junction Orthopedic Associates Pension Plan - William R. Patterson, now nown as Rocky Mountain Orthopaedic Associates P.C. Pension Plan - 00 1I poi Patterson. ��\GIA A. ✓Q,,�,�� & ,TAR Witness my hand and offictil fed% Y -0-0-0- PUBL\� " o to �e OSP) My commission expires MYCOMMISSION EXPIRES: September 16, 2002 EXHIBIT A LEGAL DESCRIPTION An undivided 80% interest in the following described land: A tract of land situate in Section 27, 34 and 33 of Township 7 South, Range 96 West, of the 6th P.M. and described as follows: Beginning at the Northwest corner of Section 34, T. 7 S., R. 96 W., of the 6th P.M.; thence South along the west line of said Section 34, 1273.0 feet to fence corner; thence along fence S. 13 degrees 54" W. 254.4 feet; thence along fence S. 16 degrees 59' W. 563.2 feet; thence along fence S. 07 degrees 29' E. 72.7 feet; thence along fence S. 23 degrees 40' E. 55.8 feet; thence along fence S. 37 degrees 29' E. 95.9 feet; thence along fence S. 73 degrees 33' E. 141.2 feet to the West line of said Section 34; thence South along said Section line 268.5 feet to the center of Colorado River; thence along center of river S. 73 degrees 55' E. 847.9 feet; thence along center of river N. 80 degrees 15' E. 229.5 feet; thence along center of river N. 56 degrees 35' E. 290.7 feet; thence leaving river N. 14 degrees 39' W. 281.5 feet; thence N. 34 degrees 04' E. 87.1 feet; thence N. 70 degrees 18' E. 254.9 feet; thence N. 20 degrees 13' W. 214.5 feet; thence N. 75 degrees 09' E. 333.2 feet; thence S. 57 degrees 01' E. 165.0 feet to the center of Colorado River; thence along center of river N. 43 degrees 56' E. 291.7 feet; thence along center of river N. 61 degrees 40' E. 579.4 feet; thence along center of river N. 71 degrees 34' E. 664.1 feet; thence along center of river N. 22 degrees 49' E. 374.3 feet; thence along center of river N. 00 degrees 32' E. 965.6 feet to the North line of said Section 34; thence along center of river N. 00 degrees 06' E. 609.5 feet; thence along center of river N. 12 degrees 47' W. 725.0 feet to a projection of the North line of Lot 5, Section 27, T. 7 S., R. 96 W., 6th P.M.; thence S. 89 degrees 32' W. 1514.4 feet to the South right-of-way line of the D&RGW Railroad; thence along railroad right-of-way S. 55 degrees 32' W. /y11/feet to the West line of SE1/4 SW1/4 of said Section 27; thence S. 01 degrees 38' E. 1020.2 feet to the Southwest corner of said SE1/4 SW1/4 Section 27; thence S. 89 degrees 29' W. 1297.7 feet to the Point of Beginning. EXCEPTING from the above the following: A. Any portion of subject property lying outside of the boundaries of Lots 2, 3 or 4 of Section 34, Township 7 South, Range 96 West of the 6th P.M., according to the map of Township 7 South, Range 96 West of the 6th P.M., examined and approved by the surveyor general, March 12, 1890, at Denver, Colorado. B. Any portion of subject property lying outside of the boundary of Lot 5 of Section 27, Township 7 South, Range 96 West of the 6th P.M., according to the map of Township 7 South, Range 96 West of the 6th P.M., examined and approved by the Surveyor General, March 12, 1890, at Denver, Colorado. C. Any portion of the subject property lying Easterly and Southerly of the Northerly and Westerly meander line of the Colorado River. D. That portion conveyed to Garfield County for road purposes being 60 feet in width as described in Deed recorded October 10, 1909 in Book 79 at Page 285 as Reception No. 38312. Together with all water, water rights, ditches and ditch rights appurtenant thereto. County of Garfield, State of Colorado 1111111111111111111111111111111111111111111111111111111 600143 03/28/2002 03:47P 61341 P609 M ALSDORF 1 of 2 R 10.00 D 0.00 G RFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, dated January 28, 2002 between Rodney C. Power of the said 'County of Mesa and State of Colorado , grantor(s), and William R. Patterson whose legal address is 668 - 26 Road Grand Junction CO 81506 of the said County of Mesa and State of Colorado grantees: WITNESS, that the grantor(s), for and in consideration of the sum of One dollar ($1.00) and other valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, ha s granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of Garfield and State of Colorado, described as follows: SEE ATTACHED EXHIBIT A, LEGAL DESCRIPTION also known by street and number as: n/ a assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. The grantor(s), for him sel f his heirs, personal representatives, successors and assigns do es covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the • ret anpeaceable possession of the grantees, their heirs and assigns, against all and every person or persons claiming the whole or any art thereof .y, through or under th ntor(s). IN W rj WHER i the — or(s) ha S executed this deed on the date set forth above. STATE OF COLORADO County of Mesa The foregoing instrument was acknowledged before me this 28 day of January by Rodney C. Power *If in Denver, insert "City and". Witness my hand and official seal. My commission expires: ey / p%Utf l )4A,ai) 2002 Notary Public •^ � Name and Address of Peron Creating Newly Created Legal Description (§ 38-35-106.5. C.RS) No.515. Rev. 3-98. SPECIAL WARRANTY DEED (to Jototlemmas) Bradford Publishing. 1743 Wane Sr., Denver, CO 80202 — (303) 292-2500 — 4-98 Patterson 668 26 Road Grand Junction Colorado 81506 EXHIBIT A LEGAL DESCRIPTION An undivided 60% interest in the following described land: A tract of land situate in Section 27, 34 and 33 of Township 7 South, Range 96 West, of the 6th P.M. and described as follows: Beginning at the Northwest corner of Section 34, T. 7 S., R. 96 W., of the 6th P.M.; thence South along the west line of said Section 34, 1273.0 feet to fence corner; thence along fence S. 13 degrees 54" W. 254.4 feet; thence along fence S. 16 degrees 59' W. 563.2 feet; thence along fence S. 07 degrees 29' E. 72.7 feet; thence along fence S. 23 degrees 40' E. 55.8 feet; thence along fence S. 37 degrees 29' E. 95.9 feet; thence along fence S. 73 degrees 33' E. 141.2 feet to the West line of said Section 34; thence South along said Section line 268.5 feet to the center of Colorado River; thence along center of river S. 73 degrees 55' E. 847.9 feet; thence along center of river N. 80 degrees 15' E. 229.5 feet; thence along center of river N. 56 degrees 35' E. 290.7 feet; thence leaving river N. 14 degrees 39' W. 281.5 feet; thence N. 34 degrees 04' E. 87.1 feet; thence N. 70 degrees 18' E. 254.9 feet; thence N. 20 degrees 13' W. 214.5 feet; thence N. 75 degrees 09' E. 333.2 feet; thence S. 57 degrees 01' E. 165.0 feet to the center of Colorado River; thence along center of river N. 43 degrees 56' E. 291.7 feet; thence along center of river N. 61 degrees 40' E. 579.4 feet; thence along center of river N. 71 degrees 34' E. 664.1 feet; thence along center of river N. 22 degrees 49' E. 374.3 feet; thence along center of river N. 00 degrees 32' E. 965.6 feet to the North line of said Section 34; thence along center of river N. 00 degrees 06' E. 609.5 feet; thence along center of river N. 12 degrees 47' W. 725.0 feet to a projection of the North line of Lot 5, Section 27, T. 7 S., R. 96 W., 6th P.M.; thence S. 89 degrees 32' W. 1514.4 feet to the South right-of-way line of the D&RGW •Railroad; 535.9 thence along railroad right-of-way S. 55 degrees 32' W./5'I,9/feet to the West line of SEI/4 SW1/4 of said Section 27; thence S. 01 degrees 38' E. 1020.2 feet to the Southwest corner of said SE1/4 SW1/4 Section 27; thence S. 89 degrees 29' W. 1297.7 feet to the Point of Beginning. EXCEPTING from the above the following: A. Any portion of subject property lying outside of the boundaries of Lots 2, 3 or 4 of Section 34, Township 7 South, Range 96 West of the 6th P.M., according to the map of Township 7 South, Range 96 West of the 6th P.M., examined and approved by the surveyor general, March 12, 1890, at Denver, Colorado. B. Any portion of subject property lying outside of the boundary of Lot 5 of Section 27, Township 7 South, Range 96 West of the 6th P.M., according to the snap of Township 7 South, Range 96 West of the 6th P.M., examined and approved by the Surveyor General, March 12, 1890, at Denver, Colorado. C. Any portion of the subject property lying Easterly and Southerly of the Northerly and Westerly meander line of the Colorado River. D. That portion conveyed to Garfield County for road purposes being 60 feet in width as described in Deed recorded October 10, 1909 in Book 79 at Page 285 as Reception No. 38312. Together with all water, water rights, ditches and ditch rights appurtenant thereto. County of Garfield, State of Colorado N a W r as lug". ems Eniii hi MP .11.111 in 6) MEM v . mos cr MIN 1111111 11111 111111 III 111111 UN 11111 Ill 11111 1111Illi 653595 06/08/2004 11:58A 51594 P591 M ALSDORF 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO STATEMENT PURSUANT TO §38-41-110, C.R.S. The undersigned hereby make and file the following statement, pursuant to §38-41-110, C.R.S.: 1. The real property to which this Statement relates is described as follows (the "Property") : A tract of land described as follows: Beginning at the Northwest corner of Section 34, T. 7 S., R. 96 W., of the 6th P.M., thence N. 89°29' E. 590 feet; thence S. 505 feet; thence S. 89°29' W. 590 feet, more or less, to the West line of said Section 34; thence North along the West line of said Section 34 to the point of beginning. Garfield County Assessor Parcel No.: 2409-342-00-107 2. Each of the undersigned own not less than a one-tenth undivided interest in the Property. The undersigned have owned their respective interests in the Property for at least one year. 3. Pursuant to §38-41-110, C.R.S., the undersigned have paid the delinquent real property taxes and assessments, together with interest and fees, due on or with respect to the entire Property for the tax years 2000, 2001, 2002, and 2003. The amount paid by the undersigned for such taxes, assessments, interest and fees is $3,058.58. 4. Pursuant to §38-41-110, C.R.S., the undersigned are subrogated to the first and prior lien of the State of Colorado for such taxes and other amounts. Dated: June , 2004. Ronald E. Tipping Marie E. Tipping William R. Patterson 1111111 11111 11 1111111111111 IIIII 11111111 1111 1111 653595 06/08/2004 11:58A 81594 P592 M ALSDORF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF MESA The foregoing was acknowledged before me this 3'`a day of June, 2004, by Ronald E. Tipping and Marie E. Tipping. My commission expires: 0/4e#f Witaess my hand and official seal. tary Public STATE OF COLORADO ) ) ss. COUNTY OF MESA ) The foregoing was acknowledged before me this .3 day of June, 2004, by William R. Patterson. My commission expires: 0A0.07 Witness my hand and official seal. N tary Public 111111111111111111111111111111111111111 111 111111111111 670360 03/16/2005 12 03P 81670 P880 M ALSDORF 1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO QUITCLAIM DEED WELLS FARGO BANK, N.A., formerly known as WELLS FARGO BANK WEST, N.A., formerly known as NORWEST BANK COLORADO, N.A., formerly known as NORWEST BANK OF GRAND JUNCTION -DOWNTOWN, N.A., formerly known as UNITED BANK OF GRAND JUNCTION -DOWNTOWN, N.A., formerly known as INTRAWEST BANK OF GRAND JUNCTION , 359 Main Street, Grand Junction, CO 81501 (herein "Grantor"), for the consideration of the sum of Ten Dollars and other good and valuable consideration, in hand paid, hereby sells and quitclaims to RODNEY C. POWER, Grantee, whose address is P.O. Box 1329, Grand Junction, CO 81502, the following real property in the County of Garfield and State of Colorado, to wit: See Exhibit A, attached hereto and incorporated herein by reference, together with any accretions to such property that may have occurred as a result of changes in the course ofthe Colorado River, and together with all its appurtenances (the "Property") By this Deed, Grantor intends to and hereby does sell and quitclaim all right, title and interest it may own or claim in the Property to Grantee. Signed this 7 day of /1'62',.,:4 , 2005. GRANTOR: WELLS FARGO BANK, N.A. formerly known as WELLS FARGO BANK WEST, N.A., formerly known as NORWEST BANK COLORADO, N.A. formerly known as NORWEST BANK OF GRAND JUNCTION- DOWNTOWN, N.A., formerly known as UNITED BANK OF GRAND JUNCTION -DOWNTOWN, N.A., formerly known as INTRAWEST BANK OF GRAND JUNCTION By: Name: DARREL MATfiIVI Title: SENIOR VICE PRESIDENT Li By: 1 / ` ` -71( Name: RICHARD W. ARNOLD Title: ASSISTANT VICE PRESIDENT 111111111111111111111111111111111111111111111111111 1111 670360 03/16/2005 12:03P 81670 P881 M ALSDORF 2 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) COUNTY OF MESA ) ss. The foregoing was acknowledged before me this day of 2005, by DARREL MATTIVI , acting as SENIOR VICE PRESIDENT and by RICHARD W. ARNOLD ,actingas ASSISTANT VICE PRESIDEN of Wells Fargo Bank, N.A., formerly known as Wells Fargo Bank West, N.A., formerly known as Norwest Bank Colorado, N.A. formerly known as Norwest Bank of Grand Junction -Downtown, N.A., formerl �„ as United Bank of Grand Junction -Downtown, N.A., formerly known as Intrawest 'r- -0:11 ction, Grantor. SS my ..9 pU I8L1t 6(1 /// e;L())g official seal. / Notary Public 2 1 111111 11111 1111111 1111 111111 11111 11111 ill 11111 1111 1111 670360 03/16/2005 12:03P 61670 P882 M ALSDORF 3 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A A tract of land situate in Section 27, 34 and 33 of Township 7 South, Range 96 West, of the 6th P.M. and described as follows: Beginning at the Northwest corner of Section 34, T. 7 S., R. 96 W., of the 6th P.M.; thence South along the west line of said Section 34, 1273.0 feet to fence corner; thence along fence S. 13°54' W. 254.4 feet; thence along fence S. 16°59' W. 563.2 feet; thence along fence S. 07°29' E. 72.7 feet; thence along fence S. 23° 40' E. 55.8 feet; thence along fence S. 37° 29' E. 95.9 feet; thence along fence S. 73° 33' E. 141.2 feet to the West line of said Section 34; thence South along said Section line 268.5 feet to the center of Colorado River; thence along center of river S. 73°55' E. 847.9 feet; thence along center of river N. 80°15' E. 229.5 feet; thence along center of river N. 56° 35' E. 290.7 feet; thence leaving river N. 14° 39' W. 281.5 feet; thence N. 340 04' E. 87.1 feet; thence N. 70°18' E. 254.9 feet; thence N. 20°13' W. 214.5 feet thence N. 75°09' E. 333.2 feet thence S. 57°01' E. 165.0 feet to the center of Colorado River; thence along center of river N. 43°56' E. 291.7 feet thence along center of river N. 61°40' E. 579.4 feet thence along center of river N. 71° 34' E. 664.1 feet; thence along center of river N. 22°49' E. 374.3 feet; thence along center of river N. 00°32' E. 965.6 feet to the North line of said Section 34; thence along center of river N. 00° 06' E. 609.5 feet; thence along center of river N. 12° 47' W. 725.0 feet to a projection of the North line of Lot 5, Section 27, T. 7 S., R. 96 W., 6th P.M.; thence S. 89° 32' W. 1514.4 feet to the South right-of-way line of the D&RGW Railroad; thence along railroad right-of-way S. 55° 32' W. 535.9 feet to the West line of SE1/4 SW1/4 of said Section 27; thence S 01° 38' E. 1020.2 feet to the Southwest corner of said SE1/4 SW1/4 Section 27; thence S. 89° 29' W. 1297.7 feet to the Point of Beginning. Together with all water, water rights, ditches and ditch rights appurtenant thereto. County of Garfield, State of Colorado 11111111111111111111111111111111111111111111111111111 670361 03/16/2005 12:14P 81670 P683 M ALSDORF 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO BARGAIN AND SALE DEED RODNEY C. POWER, Grantor, whose address is P.O. Box 1329, Grand Junction, CO 81502, for the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to WILLIAM R. PATTERSON, Grantee, whose address is 668 - 26 Road, Grand Junction, CO 81506, the following real property in Garfield County, Colorado, to wit: See Exhibit A, attached hereto and incorporated herein by reference, together with any accretions to such property that may have occurred as a result of changes in the course of the Colorado River, and together with all its appurtenances (the "Property"). RESERVING UNTO GRANTOR an undivided twenty percent (20%) interest in the Property. By Special Warranty Deed from Grantor to Grantee, recorded in Book 1341 at Page 609 of the records of Garfield County, Colorado, Grantor intended to convey an undivided sixtypercent interest in the Property to Grantee, and to retain an undivided twenty percent interest in the Property. However, questions have arisen as to whether the Special Warranty Deed accomplished this intent. This Bargain and Sale Deed is intended to convey to Grantee an undivided sixty percent interest in any portion of the Property that was not conveyed by the Special Warranty Deed. The intent of Grantor and Grantee is that after the conveyance made by this Bargain and Sale Deed, Grantor shall own an undivided twenty percent (20%) interest in the Property, and Grantee shall own an undivided sixty percent (60%) interest in the Property. The remaining undivided twenty percent (20%) interest in the Property is owned by third parties. ed this / f day of March, 2005 Grantor: Rodney C. ' ower State of Colorado County of Mesa )ss Grantee: 0,11( a,w V-. a/b " William R. Patterson The foregoing instrument was acknowledged before me this i `f day of March, 2005, by: Rodney C. Power, Grantor, and William R. Patterson, Grantee. My commission expires: Fic, /aaOs WITNESS my hand and official seal. S 4444 01-)icvi Notary Public HBO 1111111 1111 111111 III11111111111111111111111 670361 03/16/2005 12 14P 61670 P884 11 ALSDORF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A A tract of land situate in Section 27, 34 and 33 of Township 7 South, Range 96 West, of the 6th P.M. and described as follows: Beginning at the Northwest comer of Section 34, T. 7 S., R. 96 W., of the 6th P.M.; thence South along the west line of said Section 34, 1273.0 feet to fence comer; thence along fence S. 13°54' W. 254.4 feet; thence along fence S. 16°59' W. 563.2 feet; thence along fence S. 07°29' E. 72.7 feet; thence along fence S. 23° 40' E. 55.8 feet; thence along fence S. 37° 29' E. 95.9 feet; thence along fence S. 73° 33' E. 141.2 feet to the West line of said Section 34; thence South along said Section line 268.5 feet to the center of Colorado River; thence along center of river S. 73°55' E. 847.9 feet; thence along center of river N. 80°15' E. 229.5 feet; thence along center of river N. 56° 35' E. 290.7 feet; thence leaving river N. 14° 39' W. 281.5 feet; thence N. 34° 04' E. 87.1 feet; thence N. 70° 18' E. 254.9 feet; thence N. 20°13' W. 214.5 feet thence N. 75°09' E. 333.2 feet thence S. 57°01' E. 165.0 feet to the center of Colorado River; thence along center of river N. 43°56' E. 291.7 feet thence along center of river N. 61°40' E. 579.4 feet thence along center of river N. 71° 34' E. 664.1 feet; thence along center of river N. 22°49' E. 374.3 feet; thence along center of river N. 00°32' E. 965.6 feet to the North line of said Section 34; thence along center of river N. 00° 06' E. 609.5 feet; thence along center of river N. 12° 47' W. 725.0 feet to a projection of the North line of Lot 5, Section 27, T. 7 S., R. 96 W., 6th P.M.; thence S. 89° 32' W. 1514.4 feet to the South right-of-way line of the D&RGW Railroad; thence along railroad right-of-way S. 55° 32' W. 535.9 feet to the West line of SE1/4 SW1/4 of said Section 27; thence S 01° 38' E. 1020.2 feet to the Southwest corner of said SE1/4 SW1/4 Section 27; thence S. 89° 29' W. 1297.7 feet to the Point of Beginning. Together with all water, water rights, ditches and ditch rights appurtenant thereto. County of Garfield, State of Colorado