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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Exemption from the Definition of Subdivision Doc.# GENERAL INFORMATION (Please print legibly) ➢ Name of Property Owner: r, Patricia Fern Perryman ➢ Mailing Address: 404 Eastwood circle Telephone: ( ) ➢ City: Ardmore State: ox Zip Code: 73401 Cell: ( ) > E-mail address: FAX: ( ) > Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ Donald Fulton, Power of Attorney ➢ Mailing Address: 12497 Telephone: (970 ) 876-2218 ➢ City: Silt State: CO Zip Code: 81652 Cell: ( 970 ) 618-5494 > E-mail address: FAX: ( ) > Street Address / General Location of Property: TBD County Road 342 Silt, Colorado 81652 ➢ Legal Description of Parent Property: See Attached > Assessor's Parcel Number: 2455 _ 101 _ 00 _ 007 ➢ Size of Property (in acres) as of January 1, 1973: 255.15 Acres > Current Size of Property to be Subdivided (in acres): 12.53 Acres > Number of Tracts / Lots Created Including remainder of Parent Property: Two (2) ➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: 1 containing 242.12 acres o Lot #: 2 containing 12.53acres o Lot #: containing acres o Lot #: containing acres o Lot #: containing acres ➢ Property's Zone District: Agricultural Residential Rural Density (ARRD) Last Revised 7/1/08 I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an applicant requesting an Exemption from the Definition from Subdivision ("Exemption") shall specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Provide a narrative explaining why exemption is being requested. 2. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension, area, and legal description of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 3. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. 4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. 5. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion. 6. Evidence of soil types and characteristics of each type located on the property. 7. Provide proof of legal and adequate source of domestic water for each lot created. 8. Method of sewage disposal. 9. Provide a letter of approval of fire protection plan from the appropriate fire district in which the subject property is located. 10. If connection to a community or municipal water or sewer system is proposed, submit a letter from the governing body stating a willingness to serve the property. 11. R shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel, as it existed on January 1, 1973. 12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee with the application. 13. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Exemption application has been deemed technically complete. 2 II. EXEMPTION APPLICABILITY Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board of County Commissioners determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at the time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met. C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. D. Provision has been made for an adequate source of water in terms of the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used. 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 3 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district. F. All State and local environmental health and safety requirements have been met or are in the process of being met. G. Provision has been made for any required road or storm drainage improvements. H. Fire protection has been approved by the appropriate fire district. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. J. All applicable taxes and special assessments have been paid. III. PROCEDURAL REQUIREMENTS (The following steps outline how the Exemption from the Definition of Subdivision application review process works in Garfield County:) 1. Submit 2 copies of this completed application form (pages 1-6) including all submittal requirements and the base fee to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness within 15 working days. The Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (15) working days. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete in addition to requesting additional copies of the application to be provided to the Board of County Commissioners for their review in preparation for the public hearing. 3. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Exemption application. (If 4 Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the petition for an Exemption for the public hearing. If proper notice has not occurred, the public hearing„will not occur. Noticerequirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Exemption from the Definition of Subdivision and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 5. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request for Exemption for the subject property. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 6. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial, or any conditions of approval, shall be set forth in the minutes of the meeting or in a written Resolution. An applicant denied exemption may follow the subdivision procedure in these Regulations. 7. Once the Board makes a decision regarding the request for an Exemption, Staff will provide the Applicant with a letter affirming the action taken by the Board with a list of conditions, if any, to be completed by the applicant. 8. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed.” The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21)days :prior to the expiration of the 120 -day, deadline required for signing the::, plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10. Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the statements above and have provided the required attached information w is is corre an accurate to the best of my knowledge. (Signature of applicant/owner) Last Revised: 2/2006 6 i Date i GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County stafftime or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. _ TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 ■ Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments ■ Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 ■ Interpretation $250 Planning StaffHourly Rate • Planning Director • Senior Planner ■ Planning Technician ■ Secretary $50.50 $40.50 $33.75 $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1 s` page $10 each additional page Pate 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application_ 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELI) COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Patricia Fern Perryman, by Donald Fulton, (hereinafter APPLICANT) agree as follows: as Power of Attorney 1. APPLICANT has submitted to COUNTY an application for 12.53 Acres located at TBD County Road 342, Silt, CO 81652 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APP ANT Signature Date: 07 - Patricia Fern Perryman by Donald Fulton, as Print Name Power of Attorney Mailing Address: 12497 County Road Silt, Colorado 81652 311 10/2004 Page 4 November 18, 2008 Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 Reference: Statement of Authority Dear Planning Staff, That I, Patricia Fern Perryman, do hereby authorize Donald D. Fulton to act as my representative and to do and perform every act necessary and proper, in the matter of the application for Exemption from Subdivision, in order to create a 12.53 acre parcel from a "parent parcel" comprised of 255.15 acres. The "parent property" is as hereafter legally described, to -wit: A portion of the S1/2S1/2, SE1/4NE1/4, NE1/4SE1/4, and the South 15.15 Acres of the NE1/4NE1/4, Section 10, Township 8 South, Range 92 West of the 6t" Principal Meridian. I, further, authorize Donald. D. Fulton to specifically make, execute, sign, acknowledge and deliver all documents and plats required on my behalf, and as may be necessary or desirable to obtain the approval by Garfield County of the Exemption from Subdivision for the above-described real estate. The rights, powers and authority of said authorization herein granted shall commence and be in full force on the date set forth below. I have caused this instrument to be executed and subscribed this / Gil -t4{ day of November, 2008. --/`��'1 Patricia Fern Perryman ci LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That 1, PATRICIA FERN PERRYMAN, do hereby make, constitute and appoint DONALD D. FULTON as my true and lawful attorney-in-fact for me and in my name, place and stead, and in my behalf, and for my use and benefit, to do any and all of the following: 1. To do and perform every act necessary and proper for the purpose of selling the real property as hereinafter legally described, to -wit: A portion of the S1/2S1/2, SEI/4NE1/4, NE1/4SE1/4, and the South 15.15 Acres of the NE/14NE/14, Section 10, Township 8 South, Range 92 West of the 6th Principal Meridian. and to specifically make, execute, sign, acknowledge and deliver all documents and instruments on my behalf as may be necessary or desirable to sell said real estate, including but not limited to, contracts for sale, deeds, all closing documents as may be required at the time of closing, settlement statements, and any and all other documents as may be necessary to effect the sale of the above-described real estate. 2. The rights, powers and authority of said attorney-in-fact herein granted shall commence and be in full force and effect on the date set forth below. IN WITNESS WHEREOF, I have caused this instrument to be executed and subscribed this day of September, 2008. C1 --f'Atuytyr\i/(vt PATRICIA F RN PERRYMAN / WITNESSES: The principal is personally known to me and I believe the principal to be of sound mind. I am eighteen (18) years of age or older. I am not related to the principal by blood or marriage or related to the attorney-in-fact by blood or marriage. The principal has declared to me that this instrument is her Power of Attorney granting to the named attorney-in-fact the powers and authorities specified herein, and that she has willingly made and executed it as her free and voluntary act for the purposes herein expressed. ERRIL4V. McGUIRWitness 10 W. Main, #603 Ardmore, Oklahoma tam ami' 6,7i„4/ /44Z_Jl,•-t-Ge.,/ Witness Names printed: %o nAs-ine 10 W. Main, # 6) i Ardmore, Oklahoma STATE OF OKLAHOMA COUNTY OF Chi ss. This foregoing instrument was acknowledged before me on this September, 2008, by Patricia Ferri -Berryman. 2e1--/'v,l,i41,1 Ar OFFICIAL SEAL BETTY THOMASON NOTARY PUBLIC OKLAHOMA CARTER COUNTY COMM. NO. 03007354 EXP. 6/1212011 My Commission Expires: -2- NO T ARi PUBLIC (Q47, day of NARRATIVE NARRATIVE EXPLANATION WHY OWNER IS REQUESTING THE EXEMPTION TO SENATE BILL 35 REGULATIONS The Exemption is being requested for a 12.53 acre parcel (per survey) which has been severed, by County Road 342, from the Owner's parent parcel, which in it's original form contained approximately 255.15 acres. The parent parcel has been historically used as seasonal livestock grazing, by the Owner, which remains the highest and best use of the larger parcel. The location of County Road 342 interrupts the continuous and joint use of the property, in it's entirety, for this purpose. The 12.53 acre parcel, in it's present condition, does not have a source of livestock water and can only handle a small amount of cattle or other livestock for grazing, for a short period of time, even in the event water was hauled to the site, thereby diminishing the use and the value of the property to the Owner. The highest and best use of the 12.53 acres would be a rural home -site, with a source of domestic water to be developed. Per Article 8:52.A of the Garfield County Subdivision Regulations, allows, "any parcel to be divided by exemption that is split by a public right-of-way (State or Federal Highway, County road or railroad), preventing joint use of the proposed tracts and the division occurs along the public right-of-way, such parcels thereby created may, in the discretion of the Board, not to be considered to have been created by exemption with regards to the four (4) lot, parcel or dwelling unit limitation otherwise applicable". It is hereby respectfully requested, by the Owner, that the creation of the 12.53 acre parcel not count toward the four parcel total for the remainder of the parent parcel of approximately 242.62 acres more or less. SKETCH MAP WITH LEGAL DESCRIPTION ) X12') II • N 11111* ,� r 1iI ��_w "''\C)) „sr, .I:AeArw? r-i" ciftl`_. x7215 PERRYMAN LEGAL DESCRIPTION LEGAL DESCRIPTION OF THE PARENT PROPERTY County: Garfield To Wit: S1/2S1/2, SE1/4NE1/4, NE1/4SE1/4, and the Couth 15.15 Acres of the NE1/4NE1/4, Section 10, Township 8 South, Range 92 West of the sixth Principal Meridian. VICINITY MAP CID B.L.M !P- ac -e+'► -E - p iundary GARFIELD COUNTY T 1 1 1 1 1 MESA COUNTY Ki 11 Canty hva16wa Ranch 5 ment BK tio7n E 53 Co, nuon E ; me eR 1053/524 Rahe Ranch Conservation Easement Ree.#731393 xELEV. 7597 :h 34 1 D.P.T. 14 13 2' 1 2455 T.85. - R.92W. wok, T 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 vrq •ropU, q LUur,S J.41'01000' u WNW 00 '10 NP 4 GPM . +'r...P,r~ ! k 0141 (13 4E51 0 Ei o ° o' Tn w vl �U o 12 tzl 7') P C .6B'69fi a4 1111 iyi 11 El OR gi 11 5Ub giR $1 1W W III 1/11 g y,14 mil ol 8g IP; 1 ill !II 11,41naaa5 Survey Services, Inc. A PORTION OF THE S1/251/2, SE1/4NE1/4, NEI/4SE1/4, AND THE SOUTH 15.15 ACRES OF THE NE1/4NE1/4, SECTION 10, TOWNSHIP 8 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN. A PARCEL OF LAND SITUATE IN THE SE1/4 OF SECTION 10, TOWNSHIP 8 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. THE BASIS OF BEARING FOR THIS SURVEY IS A BEARING OF S00°00'51"W BETWEEN THE EAST 1/4 CORNER OF SECTION 10, A USGLO BRASS CAP IN PLACE, AND THE SOUTHEAST CORNER OF SECTION 10, A USGLO BRASS CAP IN PLACE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 10, A USGLO BRASS CAP IN PLACE; THENCE S00°00'51"W 632.96 FEET TO A POINT ON THE EAS 1'ERLY LINE OF THE SE1/4 OF SAID SECTION 10, THE TRUE POINT OF BEGINNING; THENCE S00°00'51"W ALONG SAID EASTERLY LINE A DISTANCE OF 2003.80 FEET TO THE SOUTH EAST CORNER OF SAID SECTION 10, A USGLO BRASS CAP IN PLACE; THENCE N89°56'44"W ALONG THE SOUTHERLY LINE OF SAID SE1/4 A DISTANCE OF 348.71 FEET TO A POINT ON THE CENTERLINE OF COUNTY ROAD NO. 342; THENCE DEPARTING SAID SOUTHERLY LINE AND ALONG THE CENTERLINE OF SAID COUNTY ROAD 342 THE FOLLOWING 4 COURSES: 1.) N00°13'25"E 176.15 FEET 2.) NO2°28'27"E 1116.87 FEET 3.) N18°20'07"E 523.30 FEET 4.) N32°17'09"E 254.03 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 12.531 ACRES, MORE OR LESS 136East Third Streets Rifle, Colorado 81650 7el.• 970/625-1330 • Fax: 970/625-2773 DEEDS SHOWING OWNERSHIP TITLE COMMITMENT 1 1 1 1 1 1 li 1 1 li 11 1 1 1 1 1 1 l 11111111111111111111 l 1111111111 11111111111111 11111111 376691 02/09/2001 12:06P 81231 P25 11 ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED made by DONALD D. FULTON, as Personal Representative of the Estate of RILEY RECORD aka RILEY M. RECORD, Deceased, Grantor, granting to PATRICIA FERN PERRYMAN, Grantee, whose address is 404 Eastwood Circle, Ardmore, OK 73401. WHEREAS, Grantor is the qualified Personal Representative of said Estate, Probate No. 99PR34, Garfield County, Colorado; and WHEREAS, Grantee is entitled to distribution of the hereinafter described real property. NOW, THEREFORE, Grantor conveys, assigns, transfers, and releases to Grantee the following real property in Garfield County, Colorado: Any and all interest of the decedent in that real property described as: S!/s S% SE'% NE1/4, NE'% SE'/a, the South 15.15 acres of NE'/ NE'/e, Section 10, Township 8 South, Range 92 West of the 6th P.M. with all appurtenances. EXECUTED this day of , 2001, STATE OF COLORADO ) ) COUNTY OF GARFIELD ) ss. Donald D. Fulton, Personal. Representative of the Estate of Riley Record aka Riley M. Record The foregoing instrument was acknowledged before me on this (�t`'2day of /G2.!r!,/& � 2001, by Donald D. Fulton, as Personal Representative of the Estate of Riley Record aka 1133 y M. Record, Deceased. Witness my hand and official seal. My commission expires: /,�--ter (2• Notary Public Ns 1111111 11111 111111 11111 111111111111111111111111 11111111 573671 12/14/2000 03:14P 81222 P303 M ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO CORRECTION DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED made by DONALD D. FULTON, as successor Personal Representative of the Estate of ELFIE B. RECORD aka ELME BOIES RECORD, Deceased, Grantor, granting to PATRICIA FERN PERRYMAN, whose address is 404 Eastwood Circle, Ardmore, OK 73401, Grantee. WHEREAS, Grantor is the qualified successor Personal Representative of said Estate, Probate No. 95PR59, Garfield County, Colorado; and WHEREAS, Grantee is entitled to distribution of the hereinafter described real property. NOW, THEREFORE, Grantor conveys, assigns, transfers, and releases to Grantee the following real property in Garfield County, Colorado: Any and all interest of the decedent in that real property described as: SY2 TA, SE/, NE%, NE'/, SE%, the South 15.15 acres ofNE'/. NE'/a, Section 10, Township 8 South, Range 92 West of the 6th P.M. with all appurtenances. THIS CORRECTION DEED is executed this /) day of �.,ew 2000, to correct a scrivener's error appearing in that deed recorded in Book 1048, at Page 282, on December 30, 1997, STATE OF COLORADO COUNTY OF GARFIELD } ) ss. 21/-�/i' 4 Donald D. Fulton, Successor Personal Representative of the Estate ofElfieB. Record aka ElfieBoles Record The foregoing instrument was acknowledged before me on this day of 2000, by Donald D. Fulton, as successor Personal Representative of the Estate of l iiO3 Iteyprdaka Effie Boies Record, Deceased. o, c=> n ^Wi;tness my hand and official seal. ,— . ,.... c;. .. i'% .tt -My Commission expires: 1 1 I 1 11 11 11 1 1 1 x.saa.e st..._ _i ..eat Alto N 51914 bL?tM 4554 fi{',[ 127 Tms DEEM, Me4da fs 7th last aanwuryubnimi ROY P. SMITH and ELISA$EifI J. SMITH of Ow Goo* .t Garfield =d ere a CA sae►. of ria fast park sa4 RILEY M. RECORD and ELPIE P. RECORD of ti. uin INIMIRM m JAN 151974 4 fit: i Garfield ase neap .t Cessna, t th. srasad sass wrrxlaa8Th, ma th. r.ld part ies t lha gest part, for awe M MadiwaWr d iM sere et Ten Dollars and other valuable .consideration -1302.1.10111. to W stidyeesiutl d de Arwrier lwhesd Dade b th rid parties t tis sooaad tart, tis rsoalpt wins( L be. ,y ooatra.d sad ar oonisdee. have hearse, hieread. laid W oar+rd, awl b thaw pramla do sera4 Aside..9. rarar and .eanrat. W. that/he Pat ies t tlts .read Darr, their bans sod ..daoo foo.rwr, an Ow Mirada' .LarBwl he or parent s of had. apart , litaarsad Walt la the tslae/ ad Garfield Ppad CE NO ]a to -wit: —1— 1- Township 7 South, Range 92 West, 6th P.M. 'Section 1i: EISEis • Section 12: Wi4SA Section 13: NEVA Section 14: NE4NE1t Section 23: NEh less 64.04 acres described as follows: From a point 271 feet East of 1/4 corner of Sections 14 and 23, thence N.. 88°54' E. 1163 - feet; thence S. 27053' W.. 533' feet; thence S. I '123 feet;--.thene_ S,--2Z-°An' P 102. feet; thence S. 22°22' W. 308 feet; thence S. 10°53' E. 118 feet; thence S. 10°42' W. 233 feet; thence S. 59°20 W. 219 feet; thence N. 89015' E. 338 - feet; thence S. 02°24' E. 600 feet; thence S. 06°34' W. 208 feet; thence S. 88.54' W. 893 feet; thence N. 00005' W. 2642 feet to the point of beginning. Section 24: NWh PARCxi. NO, 2 Township 8 South, Range 92 Neste 6th P.M. Section 10: ShS1/2, SE1/4N0, NEIsSEk and the So. 15.15 acres of NEWEls ._— . - PARCEL N0. 3 Township 7 South, Range 92 West, 6th P.M. Section 13: 51/2SE1/4 Section 24: NhNEk Together with any and all ditch and water rights belonging to, used upon or connected therewith. Reserving to parties of the first part an undivided three- fourths interest in all oil, gas and other minerals owned by first parties. a n... thane •iperahlh t, aad the retiree. sad rrrrrsior, r.nslsdr lad raiaatiiW arta. tare sae wades tia.of; th• estate, rule. HH., ateswt. datar sad easel whew:me rr at the laid terries aC tis are par; *Mar to Ian oareal. .t.da aad In tis abeam iarraf■sd lbw. with IM Ya allaow to ad appartaaraws. Nes 411 Leaser rrsa-rw mwww. .es. rw.a -*MOW PAaal.s ti.. reser tor aa.c Mow.. 0.I..4* mar 1 1 1 1 11 1 1 1 1 11, e .•154 •t.:•#28 TO HAVE AND TO SOLD the sold prestige's above bargained sad described, with the appnytenances, Data the aaid Pere ies of *troch part, theil5elte sad sedans forever. And the maid part ie8 of the fleet part. forthefryel VeShW3e, executors, andtors, do covalent, grant, bargain and ..ares to end with the said parties of the second pert, /TIlitle and ..elan, that at the time of the *nestling and delivery of these presents/ tneyiirrtIP seised of the promisee above conveyed, as of rood. sere, yerfsct, absolute and indefeasible estate of Inheritance, In law, in (*e simple, and ha Ve good right, full power .rod lawful eetherity t. event, bargain• sell and canter the cams in manner and form a. aforesaid, and that the earn* aro free end *ter (mm .11 former ..d other greets, heroin,., ides, Ilene. taxes, .aeeasm.ata and encambraneee of whatever kind ornetnrsemviz, except 1974 general property taxes, prior reservations and exceptions of oil, gas and other minerals, if any, easements and rights of way of record, and -U• S. patent reservations and exceptions, and zoning and other governmental rules and regulations, and the above bargained pemi.oe in the Quiet and peaceable patg.nion p( ta. ma parties of the second part, the 17.hsi.s ted .edea- ag.l..t all and every pars,- or peewee lawfully dabalnt or to chits the whole or era part thereof. the said part iesef the first Net aialI and will WARRANT AND FOREVER DEFEND. their fN WITNESS WITEREOF, the said pert ies at the first part ha ve berennw est/ head S and and s the day and year fit snows written. �y -. `/ _ 54steA ILded_sed-Dellewed-h tie-Pta.eaw'sf ✓ -r •_ /� a - Roy F.f S•mlt}l �niyl. .�{3-.se*L7_ _sees�v'- ,... ic--1,._.. . -- � �'ti�. [BEAf.1 ...1.1.z o tai .h "Smiht_, STATE OP COLORADO, ceaasy ad Garfield .q� W tvm. i,wlat w.e .ckow ;F6.7 nledfid't,Wer.1A.•tbs. 7th 1=_4..ti `•.ROy F. SMITH and ELIZABETH J. SMITH. V { �y`ea.up<wo.n expDew -WWI `[ . 10 .1 , Witness my hand and afft.tel .eel. d.y of January--. Nola, sews 1 1 1 1 1 1 1� I 11 1 li 111 1 1 Recorded Rt..: o'clock 3i.•.;.__.-_...-., Reception Nom.;,. . Y ..: .... Recorder. 1 THIS DEED. Made this 31st .lay of December int the year of our Lord one thousand nine hundred and Sixty-two between OLIVER P. NACHIMAN and THERESA NACHTMAN of the County of Garfield State of Colorado. of the first part, and 8OY F. SMITH ELIZABETH J. SMITH of th.• County of Garfield and State of ('ah.ra.lu, of the second part : «}TNE•'I:•fli, That the said part ies of the first part. fur and in consideration of the sum of One Dollar and ocher valuable considerations to Uh.• said parties of the first part in hand paid by the said parties of the s.•e•at:d part. the�reeetpt I.rreof is her. by eonfe.,. I and ae•km.u-ledge 1, 1:a ve renu;rd, released. sold. conveyed and quit eisiJ:.••.i. anti br their presents do renals••. release. yell• , • Levey and quit claim unto Os- said parties of Ow—co:el part. their Lincanti astiena forever. nut in truntn.•r n ••"1217111.11 Inn in ivitt I. -Halley. all the <• rich*. title. writ. rest. ,•Loos an.! .I. mend w-1-i.•h the maid part ies ..f the first part ha ve iu and Lei i art f.dl.•n•irrt d. serit.ed lot .•r puree! of land situate. i. hie mot erring_ in the l'outtly ..f Garfield and State of Colorado, to•u-ii, S11SE1/4 of Section 13; N'gNElt, ?Ail of Section 24; NE} of Section 23 less a tract containing 65.04 acres, mord or Iess,-aescribed as follows:From a point 271/2 feet cast. of Quarter Corner • of Section 14 and Section 23, Tp. 7 S., R. 92 W., N. 88'54' E. 1163 feet; thence 3. 27'53' W. 533 feet; thence S. 10'42' W. 233 feet; thence S. 7'47' W. 426 feet; thence 3. 59'20' W. 219 feet; thence S. 3'31' W. 123 feet; thence N. 89'15' E. 338 ?- i 'feet;—theiri'ce -S. ' 22•4U' E,' 1G2-fe-et;•--thente S.' 2"24''E-.' 600•7eet; •tTiende 3. -22'22' W 308 feet; thence S. 6°34' W. 208 feet; thence 3. 10'53' East. 110 feet; thence S. 88°54' W. 893 feet.; thence N. 00.05' W. 2642 feet to the point of beginning. Magnetic declination 10'30' E., ail .in Tp. 7 S., R. 92 W. of the bth P.M.; the South 15 acres of the NE}NEk, $IIS1, S NE, 144SE1/4 of Section 10, Tp. 8 S., R. 92 W. °f the 6th P.M., eantaErring 670 acres, more or less,alccor�tng eo the U. S. Government survey thereof; together with a pro -rata interest in the .test Divide Creek Ditch and a 3/10 interest in the 5.17 second feet of water allowed to floe therein under 2ioricy No. 98. Together with all rights to graze cattle upon she public lands under directioi of the Bureau of Land Management, Department of the Interiar, United States of America. and ilerorder'o Stamp 'fit 1L V1:.1ND T11 WILD the :same, together w ith ;til :mil singular the apinrrte•natires arid privi• of 11 ... el part. their heirs ; t, p :11i,'rruntiti bt•iut_,ne or in Rfr.tn i sih. n'tntter-a-F,rtainTiRr. rn t �i`tt r r:rari•. r1e11T. tithe, i 11 T r 'u '� :.nd e•iaiul eel::tls•.er er •,f tLr said part ies t•f the• first par:. either in late or ntuitr. intro the said parties 'kl ruui assiy;t.. fort ver. IN WITNF,:a+ i5'IIE11F;t1E•. Tl,e• said hart ies of rh•• firs ,art }:� ve hereunto 11 F sat their land 3 and seal s rho da} -and year first ab•nr erritr.•n- i ta stetted. F• sl.d st..1 1). I,rer,•d in the presence of sTATE tq: t'1'1'gE.60r1 ('e.uttr of Garfield The foreeninu instrument oat arkttute1..;ore ta, tl:i. 1:' 62 ,by Oliver P.Nachcman and Theresa Nachtaan. WITSEsf4 my hall:l ..1;.1 official seal. �lycounr.ission erpirrs .lay of December Y.t.7 Pctt,c. No- 962 QI-IT CLAM Drib-. T. t.lat T..a.ta. Pntfor6Ne4nana Pr•ataq Cc-.,tyr. 1124.4/ s,,S• .wart !Y*a•er, r baa. 1 I (12/12/2008 16:42 FAX Commonwea Gar ie Lth Title Company d County, Inco 127 E. 5th Street / P.O. Box 352 Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 803 Colorado Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 UO01/005 Date: February 12, 2008 To: Colorado Heritage Real Estate Company 0401 Arroyo Drive Parachute, CO 81635 Attn: Jack Pretti Phone: Fax: Re: 970-285-9700 970-285-7890 A Purchaser to be Determined ! Patricia Fern Perryman Thank you for your order. Enclosed please find the following in connection with our File No. 0801124: RI Commitment ❑ Title Policy ❑ Endorsement ❑ Tax Certificate ❑ Other Copies Sent To: 02/12/2008 16:42 FAX COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0801124 1. Effective Date: February 1, 2008 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: A Purchaser to be Determined (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: la 002/005 T13D 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Patricia Fern Perryman 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: S1/2SI/2, SE1/4NE1/4, NE1/4SE1/4, and the South 15.15 acres of the NE1/4NE1/4, Section 10, Township 8 South, Range 92 West of the 6th Principal Meridian. TITLE CHARGES Owner's Policy Standard Coverage 5350.00 Minimum COUNTERSIGNED: C American Land Title Association Schedule A (Rev'd 6-06) L57-- C Authorized Officer or Agent Valid Only if Schedule 13 and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 02/12/2008 16:42 FAX File No. 0801124 SCHEDULE B - SECTION 1 l� 003/005 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule 13 of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. Warranty deed from Patricia Fern Perryman vesting fee simple title in A Purchaser to be Determined. Note: When the details of this transaction are revealed, the Company reserves the right to make additional requirements and/or exceptions. NM 6 American Land Title Association Commitment Schedule 13 - Section 1 - Form 1004-5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 02/12/2008 16:42 FAX File No. 0801124 SCHEDULE B - SECTION 2 1 004/005 Schedule 13 of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of' casements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose. and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any incl all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right away (whether in fee or by casement) for County Road No. 342, ID. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November 15, 1919 in Book 112 at Page 338. 1 I . Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 30, 1929 in Book 112 at Page 601. 12. Easement granted to Ute Electric Association, Inc., the exact location of which is not defined. in Agreement recorded October 2, 1962 in Book 344 at Page 372. 13. Easement granted to United States of America as described in instrument recorded February 7, 1963 in Book 347 at Page 110. 14. Easement granted to Colorado -Ute Electric Association, Inc., the exact location of which is not defined, in instrument recorded May 2, 1963 in Book 349 at Pagc 25. 15. Easement granted to United States of America its described in instrument recorded January 16, 1964 in Book. 355 at Page 285. 16. Easement granted to United States of America as described in instrument recorded November 16, 1967 in Book 347 at Page 110. 17. Reservation of an undivided three-fourths interest in all oil, gas and other minerals by Roy F. Smith and Elizabeth J. Smith in Warranty Deed recorded January 15, 1974 in Book 454 at Pagc 127, and any and all interests therein or assignments thereof: 18. Terns and conditions of Oil and Gas Lease by and between Riley Record, a!kfa Riley M. Record and R. M. Record, and Ellie B. Record, as Lessor and Snyder Oil Company, as Lessee, recorded October 23, 1981 in Hook 584 at Pagc. 116 and any and all interests therein or assignments thereof: 19. Terms and conditions of Oil and Gas Lease by and between Riley M. Record and Elf -tell Record, as Lessor and Meridian Oil inc., as Lessee, recorded March 2, 1990 in Book 773 at Page 753 and any and all interests therein or assignments thereof. 20. Easement and right of way granted to Sun Operating Limited Partnership as described in Right of Way Agreement recorded February 1, 1991 in Book 798 at Page 159. (Continued) NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set Porth in Schedule B - Section 2, the following items: (1) The Deed of Trust. nifty, required under Schedule I3 Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule 13 - Section 2 Form 1004-12 02/12/2008 16:42 FAX File No. 0801124 SCHEDULE B - SECTION 2 (Continued) 005/005 2_ I.. Easement and right of way granted to EnCana Gathering Services (USA) Inc. as described in Pipeline and Right of Way Grant recorded August 11, 2003 in Book 1504. at Page 457. 22. Easement and right of way granted to EnCana Oil & Gas (USA) inc. as described in Road Easement and Right of Way Grant recorded August 11, 2003 in Book 1504 at Page 460. 23, Easement and right of way granted to EnCana Gathering Services (USA) Inc. as described in Pipeline and Right of Way Grant recorded October 3, 2003 in Book 1526 at Page 306_ 24. Terms, conditions and all matters set forth in Surface and Damage Agreement with EnCana Oil & Gas (USA) Inc. as evidenced by Memorandum recorded November 17, 2004 in Book 1639 al Page 909. 25. Easement and right of way granted 10 EnCana Oil & Gas (USA) Inc. as described in Pipeline and Right of Way Grant recorded October 17. 2005 in Book 1736 at Page 21 1. 26. Easement granted to Laramie Energy, LLC as described in Right of Way Agreement recorded July 3, 2006 in book 1816 at Page 167. GARFIELD COUNTY ASSESSOR'S MAP SUBJECT PROERTY PROPERTY OWNERS WITHIN 200 FEET OF SUBJECT MINERAL INTEREST OWNERS WITH CHAIN OF TITLE MINERAL INTEREST LESSEE TITLE COMMITMENT 11111 I I MI r NM all NI OM M 1---- M 1 I Adjoining 2401 1 41 3 4 e P 1 005 • 2401-344-00-151 N 3,xxxxxx.xyx , Boundary 005 'XXXXXXXXX'KX>ACX 6 e>ck. >CY.Y.Y.>00000C.X)oo o(Y.xx zS7xX>2`X xk Boundary 10 X) A 1 A (03 007 B.L.M. Poe C o P ex - Sc IYYY �ZYY.r 4YYYY-Y44ffVVVV7 T� ✓4�.ry Boundary GARFIELD COUNTY MESA COUNTY 031 11 033 035 xELEV. 7597 1 County 4 0 034 31 1 2 1 011 14 n 12 13 (035) 01 PROPERTY OWNERS WITHIN 200' OF SUBJECT PRIVATE AND PUBLIC November 20, 2008 Subject Property: TBD County Road 342 Silt, Colorado 81652 Owner's and Address Parcel Number • Patricia Fern Perryman, Owner 2455 101 00 007 404 Eastwood Circle Ardmore, OK 73401 • Hoyle B. Phillips Jr. & Glenwood Kornegay 7600 Woodside Hi, Fort Worth, TX 76179 • Robert David & Diane Kay Anderson 4800 County Road 342 Silt, CO 81652 • Hidden Creek West, LLC 325 South 13th Avenue Laurel, MS • William D. Rowe Revocable Trust Robbie G. Rowe Revocable Trust 5050 County Road 342 Silt, CO 81652 • George L. Phillips 142 Daughtrey-Holbrook Road Sumrall, MS 39482 • Alakali Creek Corporation c/o Kathy Burkhalter 4331 N. Honeysuckle Lane Jackson, MS 39211 1 2455 151 00 031 2455 151 00 030 2455 142 00 011 2455-111 00 036 2455 112 00 008 2455 102 00 006 Property Owner's Continued: • George L. Phillips 142 Duaghtrey-Holbrook Road Sumrall, MS 39482 • Bureau of Land Management 50629 Highway 6 & 24 Glenwood Springs, CO 81601 MINERAL RIGHTS OWNERS 2455 112 00 040 2455 043 00 951 • Undivided three-fourths interest in all oil and gas and other minerals. Charles P. Sours, Jr. 1091 west Murray, No. 114 Farmington, New Mexico 87401 • Undivided one -fourths interest in all oil and gas and other minerals Patricia Fern Perryman (Applicant) 404 Eastwood Circle Ardmore, OK 73401 MINERAL RIGHTS LESSEE • Encana Oil & Gas USA c/o Helen Capps Team Lead Land Negotiations.Piceance 370 17th Street, Suite 1700 Denver, Colorado 80202 2 HIM IIIII 11111111111 11111 11111 1111 Iii 11111 Illi 1111 575891 02/09/2001 12:00P 131231 P25 t9 ALSbfRF 1 of 1 R 5.00 D 0.04 GARFIELD COUNTY CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED made by DONALD D. FULTON, as Personal Representative of the Estate of RILEY RECORD aka RILEY M. RECORD, Deceased, Grantor, granting to PATRICIA FERN PERRYMAN, Grantee, whose address is 404 Eastwood Circle, Ardmore, OK 73401. WHEREAS, Grantor is the qualified Personal Representative of said Estate, Probate No. 99PR34, Garfield County, Colorado; and WHEREAS, Grantee is entitled to distribution of the hereinafter described real property. NOW, THEREFORE, Grantor conveys, assigns, transfers, and releases to Grantee the following real property in Garfield County, Colorado: Any and all interest of the decedent in that real property described as: S:4 Sh, SE'/. NE'h, NE'/. SPA, the South 15.15 acres of NE'/. NE'/., Section 10, Township 8 South, Range 92 West of the 6th P.M. with all appurtenances. EXECUTED this sa day of , 2001, Donald D. Fulton, Personal Representative of the Estate of Riley Record aka Riley M. Record STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this (,/`'day of ,��/;'r'� 2001, by Donald D. Fulton, as Personal Representative of the Estate of Riley Record aka 1 J1 y M. Record, Deceased. Witness my hand and official seal. My commission expires: nnf%/ /r , Notary Public 1 1 1 1 1 1 1 1 1 1 1 li 1 111111 11111 (111111111111111111111111111111111111111111 573671 12/14/2000 03:14P 81222 P303 M ALSD1ORF 1 of 1 R 5.00 ® 0.00 GD7RFTELl COUNTY CO CORRECTION DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED made by DONALD D. FULTON, as successor Personal Representative of the Estate of ELFIE B. RECORD aka ELFIE BOLES RECORD, Deceased, Grantor, granting to PATRICIA FERN PERRYMAN, whose address is 404 Eastwood Circle, Ardmore, OIC 73401, Grantee. WHEREAS, Grantor is the qualified successor Personal Representative of said Estate, Probate No. 95PR59, Garfield County, Colorado; and property. WHEREAS, Grantee is entitled to distribution of the hereinafter described real NOW, THEREFORE, Grantor conveys, assigns, transfers, and releases to Grantee the following real property in Garfield County, Colorado: Any and all interest of the decedent in that real property described as: S'h S'1, SE'1 NEV., NE% SOX', the South 15.15 acres of NEV. NE'/, Section 10, Township 8 South, Range 92 West of the 6"' P.M. with all appurtenances. THIS CORRECTION DEED is executed thisday of j>„py , 2000, to correct a scrivener's error appearing in that deed recorded in Book 1048, at Page 282, on December 30, 1997. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) jgitLr2 Donald D. Fulton, Successor Personal Representative of the Estate of Effie B. Record aka Effie Boies Record The foregoing instrument was acknowledged before me on this 1 day of 2000, by Donald D. Fulton, as successor Personal Representative of the Estate eV: Ft'eypcd•aka Effie Boies Record, Deceased. cz c.=? ie 3Withess my hand and official seal. L. commission expires: Awarded et... %'e22 e' Y. N 1 51914 b(iuA454 mi,E 127 ..)leeori.r. Tins NE, aaddta. 7th &,ret Jsntiar!y ,ir.7.4. tot'sm ROY P. SMITH and ELI9,AEg'1R J. SMITH r of ths ce.nlr of Garfield ehNa K C•i••de e SM ts,a part. .ash RILEY M. RECORD and ELFIE &l. =comp VITT letflaIOlf RF JAN 1 5 1974 of the c tT of Garfield ud stab. at tl6tedo, ot tie saps neru A'Cl'Hl.;lISETii, That no maid put legs at the Drat part. for and he eomiden tlee of tie one if "Pen Dollars and other valuable .consideration fl et'ein inland Lyth hg the mid jetties .e Ow ,,toad cart, tie reedlit wbrteat hereby °owfNwd a& macron ilial. Irv& ete.taf, hqa. s . wfd aad to=es}.* fad b thaw ,,weed* do sewog ...a .veno, dolts weeds fart iea er the .ewari part, their bake .a& a..l6°. So,.r.n all the foffe.Le laser➢»& I019 or paw& $ °d !aM. dtKt.. I l.i'.ad Whet b tM meaty et Garfield and Mate of Colorado. 1, -wit: PARCEL NO. 1 Township 7 South, Lange 92 West, 6th P.M. 'Section 11: E'-VSisi; Section 12: W1/2S-W14 Section 13: NIANA Section 14: NEWS4 Section 23: NE4 less 64.04 acres described as follows: Prom a point 273 feet East of 1/4 corner of Sections 14 and 23, thence 4. 88`54' E. 116-3 feet; thence S. 27°53' W. 533' feet; thence S. t o• , _ _W. 123 feet`; -•4~henee-S S. 22°22' W. 308 feet; feet; thence S. 10'42' S. 59°20 W. 219 feet; feet; thence S. 02°24' S. 06°34' W. 208 feet; feet; thence N. 00'05' of beginning. Section 24: Ni41r _°4r!' R- 102 feet; thence thence S. 10°53' E'. 118 W. 233 feet; thence thence N. 89°15' E. 338 E. 600 feet; thence thence S. 88'54' W. 893 W. 2642 feet to the point plglrr. r. tan . 2 Township 8 South, Range 92 West, 6th P.M. Section 10: Si511. SSiiIID. , NE4SE4 and the So. 15.15 acres of NE784 — PARCEL NO. 3 Township 7 South, Range 92 West, 6th P.M. Section 13: ShSE1/2 Section 24: 135NEI Together with any and all ditch and water rights belonging to, used upon or connected therewith. Asserving to parties of the first part an undivided three- fourths interest in all oil, gas and other minerals owned by first parties. thereto helawiet. or la walls aep•rtalidnt, and t . rs.watoa sad rerrr.iew, rewataier end r fear,. twew asd Reda aha.of: sera gat .auto, rftbt. tttl., intent. slate wad &wand wiabarr.r of the wad rerties ef the that ,.rt, .it b taw °r «laity, cLla and to the abs,, larealaad pa.wink leti the homiltaamms wt appateeaaun. its 6e1. waaanir s=ly—r.t swr..w t..wa. s.YMlr ee. rwawe Arai spar. n...... ww.w-+a 1 1 1 1 1 1 9..•454 � a28 TO IIAVf AND TO HOLD the said Rumbas above bargained ami described with the appertenwenra, mth the said parties of park the3]6nire sad forther1.0 Vesh� _ a+s10 firmer. Asci the said yon and g e [first part. the aeaeaod Par, /' ' '}alai'+ ers.and do eotenakt, want, the end ogre to end with the said parties a and talons, Met ak tier time of thee these preterit./ t 1ey y'rtg.eiaed of the rtsrle: sad dole of ptrmiaoe ;Imre eonreyed, a. of Good, sore. perffect, absolute and indefeasible estate of lnberitance, h law. In fee aimDle, end belie ',rod right. fail power and lawful authority to .event bargain. sell and sonny the .stene in manner sod forth as aforesaid, and that t9e same are free and clear from all former and other manta. bargains. sales, Ilene, tare., sesesatnents and encumbrance* or whatever kind ornature *nerer., except 1974 general property taxes, prior reservations and exceptions of oil, gas and other minerals, if any, easements and rights of way of record, and.L. S. patent reservations and exceptions, and zoning and other governmental rules and regulations, andlac .haec bargained peenesee 9a the gates and peaee.ble peewee -inn nd the said parties of the weedp.n, I$eier auk aadgall agehrt all and eters' nelson or peewees lawfully Dart thereof• the said les r ANDclaiD9r R to claim the whole or say Part o£ the list part eba16 and will i4AlLBANT I+'OltL•R'.L"Ti. DEFEND. $N WITNESS 7Vf%89fl9Olr, the n9d hart 159 of thellret--mete set/ their S the d and seal p; -_ lila (ley and year first above written. I. t -''..,---7-1.;.'`} ---9f6ncd. seataLaad_.pelie+esa-ie-tie-t'-tm.tase�•wf _ G' '�. ...'...: t-� l ....__. Roy F;Smxt.PsBI) E.moi ',- t;L\.l._.. y. �- ,,- [SEAL) iza th J. Sm1 Ti -._.._..._.....'_-._...........«.»._....__ ..__lass roes n STATE Off COLO/FAD°, m —...h. coast' e$ Garfield }e` �gi1r�T ti 9rmhumeo9 was aeimowledjiE'•15ETeaelAe•tbla 7th day of January__. f ib7d'hh-ti ;301 F. SMITH and ELIZA1317.TH J. SMITH. .,_. 4 : const¢, "L'bltaa. 4 . iQ 41L., . Mamas ma band sad o ncj.j aee9. Q W p i 5 .5 s e 9 1 1 1 1 1 1 1 Recorded at _ : o'clock 3f., ..;..a....�._, Reception P�o�c.�; o .. THIS ])i;l•;it, }Made this 31st day of December in the year of our Lord one thousand nine hundred and 9 ixty-two Letwt•en OLIVER, P. NACHTMAN and THERESA NACHTft,4N of the gaunt...f Nate of Colorado, of the first marl, and ,GFrfS ELIZABETH J. SMITH b10f F. SMITH and Garfield otth" County- of Garfield and date of ('oiuradv,..f thes cuml parr: `VJTNEs t - 1i, That the said part les of the first pari. for an.I in consideration of the sum of One Dollar and other valuable considerations r.. the said purl ies of the first part in hand paid by the said parties of the s,.eotrtl Fart. the�reeeipt a lcr•coi i= h••r. [.}• ent.fe,.;rl and ael;nott-Itdged, i:a ve renti;rd, released, sold, conveyed and quit eiait:.••.i. and It' th,•s. l.r'-.,•nts d•, rrrui5••, release, sell, ..nrrey and quit t•laiat unto tl:.• .raid dn• • .•n•: ;este. their J..'ir,c and aa<iens forever. nut in tensa••} :n ••.nnmt.n but in iviat tenanry. 111 tht <, 1 rich*% title. MT* dam. an.i'htnintl ah,•h the said par, lee alb.. first part ha ve in and nag tit 1 .1l.•winc .1' s,rih.•,1 tot r I•a 'rel of land militate, in County .•i Garfield Inc sod being in the and State of Colorado. tr.t-it• SkSi?.k of Section 13; N;NF.1le, IW of Section 24; NEk of Section 23 less a tract containing 65.04 acres, alerd of Iess, ae§crihed as follotrs:' Frail it point 271/2 feet East of Qu>:Fter Corner of Section 14 and Section 23, Tp. 7 S., R. 92 W., N. 88°54' E. 1163 feet; thence 3. 27°53' W. 533 feet; thence S. 10°42' W. 233 feet; thence S. 7.47' W. 426 feet; _ thence S. 59'20° W. 219 feet; thence S. 3°31' W. 123 feet; thence N. 89°15' P,. 338 'f&est;-the�ice'a.'22'`,U' >;, IG2`fe-etrthenee S.' 2'24' Lr 500-ieet; •bi`n`s 3. -22°22' A 308 feet; thence S. 6.34° W. 208 feet; thence S. 10°53' East 110 feet; thence S. 88`54 W. 893 feet; thence N. 00°05' W. 2642 feet to the point of beginning. Magnetic declination 10°30' E., all .in Tp. 7 5., R. 92 W. of the 6th p•.y.; the South 15 acres of the 111a'018k, 51jsi1 SV fEJrt NEkSEk of Section [0, Tp. 8 S., R. 92 14..91 the 6th P.M., eenta Ening 670 acres, more or less, Z+ccocanig to the U• S. Government survey thereof; together with a pro -rata interest in the 'dent Divide Creek Ditch and a 3/10 interest in the 5.17 second feet of water allowed to flow therein under tiority No. 98. Together with 411 rights co graze cattle upon the public lands under directiot of the Bureau of Land Management, Department of the Interior, United States of America. Jterorder'e Stamp Tt t HAVE .1X1) Til lin1.1) the same, together t, ith ;til and sintiul:+r the appnrh•nariees and privi. '"1. -a, fti.'ra•untA by/ola jrr8 ur to uif[lrj:e'ti:, r' Tr+ .-,. �Rj-•''77:717 t_.:Tnl`^.77 ;.rill e•isint, ro!•part,tth. er of tl.e said part i,es of the fir -4 ptrT. err!.. -r in latrlor e.lrrity. utrthTti a Slid parti • ..f 11 .• it heirs and a>cigt., for. ver. p �(I ]I G IN WITNE;a WI IF:RE l'. The said part ies of Th.. fir.' Lamas AIMseal part ha ve hrrrunio s.•t their s 7},.• dor arld yearfirst ab•ite u-ritt.•n_ B•:doll :n..l il.-Iiy.•h•d in the presence of ST -'`TF: 1.i' 4'it[ 4'11.11)' ('.•,nuy of Garfield Tae f.. r. ' ieu in.tr,;t I.•nr t.a, ;i -knot, l' afed to. ore t.t., r1i. 15 62 ,by Oliver P,Nechtman and Theresa Machtman. 11'fTNEsS my hand and official tea]. ,Ij coumris,ion `spurs li day of December 11 No. 962 nrtrrtetxnrrn_r.r.i.t-r ..tn. _eroeferatr<.ar,,,,re.at.. a cc+rue, a roe.+t seri Sr...t„ 1}nen. r bn.r.. (t • ' ' . - OP co CIE/MP/CATE OP DEATH COROAStal- • 0 rpm airmade et Imre Otiolismr V71. . - •••'„t • .1•"' PeC.44.0 4.644 . ••••••••• .4., I.. Jy Prtmklin 1114 : Male 4,•-1 .41,...411P •••••1 J• Olo •« ..., -.• • ....• sinAAmter 7, 1991 RAU n...... frog ............ ac_Iftitil ,.••• v0 a . Maniacal 04 IAEA* .01 a., vri.vo • I • 1•4 i •• v Ard • TA. 14 OLV ....•• vo•n •••••••••./.7.• r--..--ri-,..4 . ...r W.f... .4.. . 7.. AsiericaT-..„ n. : U4 4.1 i.j .June 5, 897 1, Garfield 0'..,..c...0. a M. eimdags .0110.1...2* or. • ....•,,,•.22. ,..... • ... 2, .... .................„ -I.2.V.e.y DO MIS or•di.. • Iltift_1(.0ipital ; Inpatient ! ms,•,. t..L.,-- - —.. • g,. 0, ...,0' ealiorPb. ...--...--.. ..ajitosares Tassal. _Yalu_ 41.0..4111 MI •••••••••41. ..,.....0%....r,i_icled .- . rdivOrt CKS-••••••••.• ...• • -..................... -• ... • .. Rancher _._ luau rm.., Ivkv.,. ................• •••1.4corg..,214* melt •• Elisabeth Jane Sours riiis '. er 11.r.• h._•%_•.._. 5V4-.141.4680 • ..00. .. I I r WM MAWS FP'511 81Z 0415 Co 0.4.,110'..,a'•• Cattle 4,11114..... Slag Casio ,Colorado . Garfield t•4• 40..Q.,4‘....c.. .Glenwood Springs 44 CM/ Yid 150 rnitlf 4,r•••• ...•••• •....• 0.041•11 imr....• ...o. •••••• • • RV' walker Smith Harriett E. wee, ••••1•11.1.1. WAIN ••••••• •• •-.....- „Kra. Elisabeth .7. smith - Wife 0415 Co Rd 130, Glenwood STringa, Cola 846cti 1 ........ ‘,.f.f.C....1./.6. .'.n ..... ••••• ._ Cil. •I• • ,.. 4 •,•• • .• ..... ••• • ..A.,..• r• • • .a. •... .... Cr/I/Mai= 1. 3 pt 9,150t. narti•n's Crem.torn Grand Junction, Colorado ::'.,:.Z;06 :••••••41 .•., •fk•••V.... • ...4 ft, .... ....a, .• • , ..o t. • • •••-• ., . •.• 68) ..sow...er ?unoral hone, 4-e5 W. Thirct Street0iflo0 • ,. ......1•••••••••••••••-••''” .•• ... -. •••••• 4.001,_....... -.......• - • ...„„., . - r. !prom. ger* • t Mr v.. ••••• min ....••• amt. mvil 'to. v.v. v • .....• Or. •I18 1.,1106440g. 4.. .1. 1 el 11 . 4.1•7111K..l";':••••• 11.... ....rt.*, uf .4" . ••••• ... • •,. , ••.4.1 NM• 044,4111.4.1•Lusil).C.o..14, .... • .... . • . .. MI ,..-• All .. r _....6-7.4 ..., IP ...r... rr Mr. .01 v0 •••••••••11 4... ii•••••.4 trall Grob v.varr 111.5..» 6 ....A. •• • tr.. a.. .,,, ... ....... , r _ ....... • -.• ••••••••• nit , ...ow... •••••••11 .. SW.11.1.2....tr.r1 0..4.0....4............ ....................... -Art.. ..4•,•14,• 1"n. .. No j,:1'--- M. .0 r--- , amw-44.• 44,1. No1a0,001N...i. IMIMMI10-0.4•••1.1•1 41* . . ^ 1 V 7.-7-1.6. r7,1•••r..1. L.4..• ....... KALI C. SA:* •• 1 v v........ .. •••• • em • , .• vp v op • . vv.. —, now ••••• ••••••••••••• a• Me Mr ' Or .. ......... ,.., ..• ... Patod*-74i,. ()Linwood Spriggs. Colorado ".i''. 4, "If"'•611.#11PPIViloAk, ioicrink... D • • ..) 4 - • ' ` ".4 •--,X.' . f..k_ f r" Vi- - ..,,,....... 0, .., e. ..."..at. J. . .e..-0.2 .._ • . - %.ge e• . *. .1 trtr•I‘..-. '* . ...I. .... .1 ..,,!:. ..: •.,! oadIMIP.1911 4* 19111 logliatror • • i • 4 4 1 1 1 1 1 1 11 11 ti1 1 485622 8-959 P-161 11/21/95 03:40P PG 1 OF 2 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 11.00 5.00 PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by JACK C. SOURS, as Special Administrator of the Estate of ELIZABETH J. SMITH, also known as ELIZABETH JANE SMITH, deceased, Grantor, to CHARLES P. SOURS, JR., Grantee, whose address is 525 North First, #1 I, Bloomfield, New Mexico 87413. WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated June 8, 1982, and codicil thereto dated May 22, 1985, which Will and codicil were duly admitted to informal probate on February 27, 1995, by the District Court in and for the County of Garfield, and State of Colorado, Probate No. 94PR13; and WHEREAS, the Grantor was duly appointed Special Administrator in this Estate on October 13, 1995, and is now acting in said capacity; that the Court approved the sale of the mineral rights owned by the deceased to Charles P. Sours, Jr., personal representative of the estate, by order dated October 25, 1995; NOW, THEREFORE, pursuant to the power conferred upon Grantor by Article 12, Section 711 of the Colorado Probate Code, and for the consideration of Ten Dollars, Grantor sells and conveys to Grantee the following real property in Garfield County, Colorado: An undivided three-fourths interest in and to all oil, gas, and other minerals lying in, on, or under the following described property, to -wit: Parcel I Township 7 South, Ranee 92 West of the 6th P.M. Section 11: E' SE144 Section 12: WIASW Section 13: NW 14NW',4 Section 14: NE',4NE1 Section 23: NE;4 less 64.04 acres described as follows: From a point 271/2 feet East of '4 corner of Sections 14 and 23; thence N. 88°54' E. 1163 feet; thence S. 27°53' W. 533 feet; thence 5, 07°47' W. 426 feet; thence S. 03°31' W. 123 feet; thence S. 22°40' E. 102 feet; thence S. 22°22' W. 308 feet; thence S. 10°53' E. 110 feet; thence S. 10°42' W. 233 feet; thence S. 59°20' W. 219 feet; thence N. 89°15' E. 338 feet; thence S. 02°24' E. 600 feet; thence S. 06°34' W. 208 feet; thence S. 88°54' W. 893 feet; thence N. 00°05' W. 2642 feet to the point of beginning. Section 24: NW t4 Township 8 South, Range 92 Westof the 6th P,M. Section 10: S'AS' , SEIANE'/, NE'kSE% and the South 15.15 acres of NE'4NE1.4 containing 5630 net—ri„efal-aeres, ire ul ll.ss. After recording, return to: George J. Petre, Esq. Petre & Petre, P.C. Post Office Drawer 400 Glenwood Springs, CO 81602 • r 485622 B-959 P-162 11/21/95 03:40P PG 2 OF 2 Parcel 2 An undivided one -fourteenth interest in and to all oil, gas, and other minerals Tying in, on, or under the following described property, to -wit; Township 7 South, Range 92 West of the 6th P.M, Section 22: W'hSEIA, SE14SW!4 Section 27; W'hNE'/, W1/2SE1/4, SE'L+NW 1/4, ElASW'4 Containing 28.57 net mineral acres, more or Tess, with all appurtenances, Wherever used herein, the singular shall include the plural. Executed this 26 day of November, 1995. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. 4 ack C. Sours, Special Administrator of the Estate of Elizaheth J. Smith, Deceased The foregoing instrument was acknowledged before me this 6'1-1.4 daof November, by Jack C. Sours, Jr., as Special Administrator of the Estate of Elizabeth J. Stnith, Deceased. 1995, Witness my hand and official seal. Sion expires: 2 —2.74 7 Notary Public 2 ,ljr.rr.;• . 0.2/12/2008 16:42 FAX Commonwealth Title Company of Garfield County, Inco 127 E. 5th Street / P.O. Box 352 Rifle, CO 81 650 Phone (970) 625-3300 / Fax (970) 625-3305 803 Colorado Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 VI 001/005 Date: February 12, 2008 To: Colorado Heritage Real Estate Company 0401 Arroyo Drive Parachute, CO 81635 Jack Prett i Attn: Phone: 970-285-9700 Fax: 970-285-7890 Re: A Purchaser to be Determined / Patricia Fern Perryman Thank you for your order. Enclosed please find the following in connection with our File No. 0801124: I71 Commitment ❑ Title Policy ❑ Endorsement ❑ Tax Certificate ❑ Other Copies Sent To: 02/12/2008 16:42 FAX COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0801124 1. Effective Date: February 1, 2008 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: A Purchaser to be Determined (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: I� 002/005 TBD 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Patricia Fern Perryman 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: S1/2S1/2, SEI/4NE1/4, NE1/4SE1/4, and the South 15.15 acres of the NE1/4NE1/4, Section 10, Township 8 South, Range 92 West of the 6th Principal Meridian. TITLE CHARGES Owner's Policy Standard Coverage 5350.00 Minimum COUNTERSIGNED: C V - C '—�� V Authorized Officer or Agent American Land Title Association Schedule A (Rev'd 6-06) Valid Only if Schedule 13 and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 02/12/2008 16:42 FAX File No. 0801124 SCHEDULE B - SECTLON 1 U003/005 The Following. are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof tray appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. Warranty deed from Patricia Fern Perryman vesting fee simple title in A Purchaser to be Determined. Note: \Vhen the details of this transaction are revealed, the Company reserves the right to make additional requirements and/or exceptions. NM 6 American Land Title Association Commitment Schedule B - Section 1 - t=orn 1004-5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 02/12/2008 16:42 FAX File No. 0801124 SCHEDULE B - SECTION 2 Schedule 13 of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties m possession not shown by the Public records. Easements, orclaitns of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Detects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights_ claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of way (whether in fee or by easement) for County Road No. 342. 10. Right of way fi• ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November 15, 1919 in Book 112 at Page 338. 11. Right of way l'or ditches or canals constructed by the authority oldie United States, as reserved in United States Parent recorded April 30, 1929 in Book 112 at Page 601. 12. Easement granted to Ute Electric Association, Inc., the exact location of which is not defined, in Agreement recorded October 2, 1962 in Book 344 at Page 372. 13. Easement granted to United States of America as described in instrument recorded February 7, 1963 in Book 347 at Page 110. 14. Easement granted to Colorado -Ute Electric Association, Inc., the exact location of which is not defined, in instrument recorded May 2, 1963 in Book 349 at Pagc 25. 15. Easement granted to United States of America as described in instrument recorded January 16, 1964 in Book 355 at Page 285. 16. Easement granted to United States of America as described in instrument recorded November 16, 1967 in Book 347 at Page 110. 1 7. Reservation anti undivided three-fourths interest in all oil, gas and other minerals by Roy F. Smith and Elizabeth J. Smith in Warranty Deed recorded January 15, 1974 in Book 454 at Page 127, and any and all interests therein or assignments thereof 18. Teams and conditions of Oil and Gas Lease by and between Riley Record, a/k/a Riley M. Record and R. M. Record, and Ellie B. Record, as Lessor and Snyder 011 Company, as Lessee, recorded October 23, 1981 in Book 584 at Page 116 and any and all interests therein or assignments thereof. 19. Terms and conditions of Oil and Gas Lease by and between Riley M. Record and Ellie 13. Record, as Lessor and Meridian Oil Inc., as Lessee, recorded March 2, 1990 in Book 773 at Pagc 753 and any and all interests therein or assignments (hereof: 20. Easement and right of way granted to Sun Operating Limited Partnership as described in Right of Way Agreement recorded February 1, 1991 in Book 798 at Page 159. VQ.1004/005 (Continued) NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN TRIE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set north in Schedule B - Section 2, the following items: (1) The Deed ofTrust, Harty, required under Schedule 13 - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule I3 - Section 2 Form 1004-12 02/12/2008 16:42 FAX File No. 0801124 SCHEDULE B - SECTION 2 (Continued) [6005/005 21. Easement and right of way granted to EnCana Gathering Services (USA) Inc. as described in Pipeline and Right of May Grant recorded August I I, 2003 in Book [ 04 at Page 457. 22. Easement and right oi.:way granted to 17,nCana Oil & Gas (USA) Inc. as described in Road Easement and Right of Way Grant recorded August 11, 2003 in Book 1504 at Page 460. 23, Easement and right of way granted to EnCann Gathering Services (USA) Inc. as described in Pipeline and Right of Way Grant recorded October 3, 2003 in Book 1 526 at Page 306. 24. Terms, conditions and all matters set forth in Surface and Damage Agreement with EnCanu Oil & Gas (USA) Inc. as evidenced by Memorandum recorded November 17, 2004 in Bonk 1639 at Page 909. 25. Easement and right away granted to EnCana Oil & Gas (USA) Inc as described in Pipeline and Right of Way Grant recorded October 17. 2005 in Book 1736 at Page 21 1. 26. Easement granted to Laramie Energy, LLC as described in Right of Way Agreement recorded July 3. 2006 in hook 1816 at Page 167. EVIDENCE OF SOIL TYPES 24 GARJ j)ELD COUNTY MESA COLJNTY 1 390 000 FEET 1 12 brown sandy clay loam about 30 inches thick. The sub- stratum is very pale brown sandy clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Potts soils that have slopes of 1 to 6 percent. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Sur- face runoff is medium, and the erosion hazard is moder- ate. This soil is used mainly for irrigated hay and pasture and some crops. Some areas are used for grazing and wildlife habitat. Corrugations are the main method of applying irrigation water. Sprinklers are also suitable. Steep slopes cause erosion to be more rapid on this soil than on less sloping Ascalon soils. Minimum tillage, cover crops, contour til- lage, and grassed waterways help to control erosion. Drop structures are needed in irrigation ditches. The native vegetation on this soil is mainly need- leandthread, wheatgrasses, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush also improves the range. Seeding improves range in poor condition. Pubescent wheat - grass, western wheatgrass, and big bluegrass are suit- able for seeding. Preparing a seedbed and drilling the seed are good practices. This soil has potential as habitat for cottontail rabbit, squirrel, pheasant, mourning dove, and wild turkey. Steep slopes and frost action limit community develop- ment. Cuts and fills should be minimal, and drainage is needed for roads and structures. This soil is in capability subclasses IVe, irrigated, and Vle, nonirrigated. 7—Ascalon-Pena complex, 6 to 25 percent slopes. These moderately sloping to hilly soils are on sides of valleys and alluvial fans. Elevation ranges from 5,000 to 6,500 feet. The soils formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. The Ascalon soil makes up about 65 percent of the complex, and the Pena soil makes up about 25 percent. The Ascalon soil is on the less sloping, somewhat con- cave parts of the landscape, and the Pena soil is on the steeper, convex parts. The Ascalon soil is deep and well drained. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish brown sandy clay loam about 30 inches thick. The substratum is very pale brown sandy clay loam to a depth of 60 inches. SOIL SURVEY Permeability of the Ascalon soil is moderate, and avail- able water capacity is moderate. Effective rooting depth is 60 inches. Surface runoff is medium, and the erosion hazard is moderate. The Pena soil is deep and well drained. Typically, the surface layer is about 12 inches thick. The upper part of the surface layer is dark grayish brown stony loam, and the lower part is dark grayish brown very stony loam. The substratum is very pale brown very stony sandy loam to a depth of 60 inches. Permeability of the Pena soil is moderate, and availa- ble water capacity is low. Effective rooting depth is 60 inches. Runoff is slow, and the erosion hazard is moder- ate. Included with these soils in mapping are small areas of', Olney and Potts soils that have slopes of 6 to 12 per- cent. These areas are on small, isolated mesas and make up 5 to 10 percent of the complex. This complex is used mainly for wildlife habitat and limited grazing. The native vegetation is mainly needleandthread, wheatgrasses, mountainmahogany, and sagebrush. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and im- proves range condition. When the range is in poor condi- tion, seeding is practical. Areas must be carefully select- ed to avoid the concentration of stones. Pubescent wheatgrass, western wheatgrass, and big bluegrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Controlling brush improves areas that are producing more woody shrubs than are normally found in the potential plant community, but con- trolling brush may damage deer habitat. Cottontail rabbit, squirrel, pheasant, mourning dove, wild turkey, and some mule deer find habitat on these soils. Community development is limited by the steep slopes and frost action in the Ascalon soil and by steep slopes and stones in the Pena soil. This complex is in capability subclass Vle, nonirrigated. 8—Atencio-Azeltine complex, 1 to 3 percent slopes. These nearly level to gently sloping soils are on alluvial fans and terraces. Elevation ranges from 5,000 to 7,000 feet. The soils formed in mixed alluvium derived from red -bed shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 47 degrees F, and the average annual frost -free period is about 110 days. The Atencio soil makes up about 45 percent of the. map unit, and the Azeltine soil makes up about 45 per- cent. Exposed areas of gravel make up about 10 percent of the unit. The Atencio soil is deep and well drained. Typically, the surface layer is dark reddish gray sandy loam about 11 inches thick. The upper part of the subsoil is reddish brown gravelly sandy clay loam about 12 inches thick,', RIFLE AREA, COLORADO 66—Torriorthents-Camborthids-Rock outcrop com- plex, steep. This broadly defined unit consists of ex- posed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. This complex occurs throughout the survey area. The soils and out- crops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 45 percent of the com- plex, Camborthids make up 20 percent, and Rock out- crop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are shallow to moderately deep. They are generally clayey to loamy and contain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher - lying Rock outcrop. South of the Colorado River, basaltic stones and cobbles are on the surface. Camborthids are shallow to deep. They are generally clayey to loamy and have slightly more clay in the sub- soil than in the surface layer. The surface layer is light colored. The profile is normally free of stones, but scat- tered basalt stones, cobbles, and sandstone fragments are on the surface. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small, isolated areas of Ilde- fonso, Lazear, Ansari, Begay, Heldt, and Dollard soils. These intermittent areas make up 10 to 20 percent of this map unit. This complex is used for grazing, wildlife habitat, and recreation. The stones on the surface and the steep slopes make this complex unsuitable for crops. Some areas can be reseeded to pasture by broadcast seeding. Other plant- ing methods are made difficult by the stones and slopes. The native vegetation includes wheatgrasses, blue - grasses, Indian ricegrass, needlegrasses, bitterbrush, mountainmahogany, sagebrush, and an overstory of pinyon and juniper. The value of grazing is fair. The vegetation should be managed to maintain wood production and limited graz- ing. Selectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopes, moderate to severe erosion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Building is limited by steep slopes and stoniness. These limitations can be overcome by appropriate design and construction. 37 This complex is in capability subclass Vile, nonirrigat- ed. 67—Torriorthents-Rock outcrop complex, steep. This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Areas of this complex occur throughout the survey area. The soils and outcrops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 60 percent of this com- plex, and Rock outcrop makes up 25 percent. The Tor- riorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are generally clayey to loamy and con- tain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher -lying Rock outcrop. South of the Colora- do River, stones and cobbles of basalt are on the sur- face. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small isolated areas of Ilde- fonso, Lazear, Ansari, Gaynor, Tridell, and Nihill soils. These intermittent areas make up 10 to 15 percent of this map unit. This complex is used for limited grazing, wildlife habi- tat, and recreation. Because of the stones on the surface, the Rock out- crop, and the steep slope, this complex is unsuited to crops. The native vegetation includes wheatgrass, bluegrass, Indian ricegrass, needlegrass, bitterbrush, sagebrush, mountainmahogany and an overstory of pinyon and juni- per. The vegetation should be managed to maintain wood production and limited grazing. Selectively thinning the pinyon and juniper improves grazing and provides fire- wood and posts. Steep slopes, moderate to severe ero- sion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Community development is limited by the Rock out- crop, steep slopes, and stoniness. These limitations can be overcome by appropriate design and construction. This complex is in capability subclass Vile, nonirrigat- ed. 68—Vale silt loam, 3 to 6 percent slopes. This deep, well drained, gently sloping soil is on mesas, terraces, and alluvial fans. Elevation ranges from 5,000 to 7,200 feet. This soil formed in calcareous eolian material. The RIFLE AREA, COLORADO 66—Torriorthents-Camborthids-Rock outcrop com- plex, steep. This broadly defined unit consists of ex- posed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. This complex occurs throughout the survey area. The soils and out- crops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 45 percent of the com- plex, Camborthids make up 20 percent, and Rock out- crop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are shallow to moderately deep. They are generally clayey to loamy and contain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher - lying Rock outcrop. South of the Colorado River, basaltic stones and cobbles are on the surface. Camborthids are shallow to deep. They are generally clayey to loamy and have slightly more clay in the sub- soil than in the surface layer. The surface layer is light colored. The profile is normally free of stones, but scat- tered basalt stones, cobbles, and sandstone fragments are on the surface. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small, isolated areas of Ilde- fonso, Lazear, Ansari, Begay, Heldt, and Dollard soils. These intermittent areas make up 10 to 20 percent of this map unit. This complex is used for grazing, wildlife habitat, and recreation. The stones on the surface and the steep slopes make this complex unsuitable for crops. Some areas can be reseeded to pasture by broadcast seeding. Other plant- ing methods are made difficult by the stones and slopes. The native vegetation includes wheatgrasses, blue - grasses, Indian ricegrass, needlegrasses, bitterbrush, mountainmahogany, sagebrush, and an overstory of pinyon and juniper. The value of grazing is fair. The vegetation should be managed to maintain wood production and limited graz- ing. Selectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopes, moderate to severe erosion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Building is limited by steep slopes and stoniness. These limitations can be overcome by appropriate design and construction. 37 This complex is in capability subclass Vile, nonirrigat- ed. 67—Torriorthents-Rock outcrop complex, steep. This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Areas of this complex occur throughout the survey area. The soils and outcrops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 60 percent of this com- plex, and Rock outcrop makes up 25 percent. The Tor- riorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are generally clayey to loamy and con- tain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher -lying Rock outcrop. South of the Colora- do River, stones and cobbles of basalt are on the sur- face. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small isolated areas of Ilde- fonso, Lazear, Ansari, Gaynor, Tridell, and Nihill soils. These intermittent areas make up 10 to 15 percent of this map unit. This complex is used for limited grazing, wildlife habi- tat, and recreation. Because of the stones on the surface, the Rock out- crop, and the steep slope, this complex is unsuited to crops. The native vegetation includes wheatgrass, bluegrass, Indian ricegrass, needlegrass, bitterbrush, sagebrush, mountainmahogany and an overstory of pinyon and juni- per. The vegetation should be managed to maintain wood production and limited grazing. Selectively thinning the pinyon and juniper improves grazing and provides fire- wood and posts. Steep slopes, moderate to severe ero- sion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Community development is limited by the Rock out- crop, steep slopes, and stoniness. These limitations can be overcome by appropriate design and construction. This complex is in capability subclass Vile, nonirrigat- ed. 68—Vale silt loam, 3 to 6 percent slopes. This deep, well drained, gently sloping soil is on mesas, terraces, and alluvial fans. Elevation ranges from 5,000 to 7,200 feet. This soil formed in calcareous eolian material. The PROOF OF LEGAL AND ADEQUATE SOURCE OF WATER WELL PERMIT NO. 279089 COPY OF WELL PERMIT APPLICATION Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 PATRICIA FERN PERRYMAN 404 EASTWOOD CIRCLE ARDMORE, OK 73401 - LIC WELL PERMIT NUMBER 279089 DIV. 5 WD 45 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 10 Township 8 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 375 Ft. from South 125 Ft. from East Section Line Section Line PERMIT TO CONSTRUCT A WELL UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: 5 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the SE 1/4 of the SE 1/4, Sec. 10, Twp. 8 South, Rng. 92 West, 6th P.M., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2455-101-00-007 NOTE: Assessor Tax Schedule Number: R023385 (totaling 255.15 acres) APPROVED DMW Receipt No. 9503169 State Engineer DATE ISSUED 10-29-2008 By EXPIRATION DATE 10-29-2010 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone — info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http://www.water.state.co.us RESIDENTIAL Note: Also use this form to apply for livestock watering Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. Office Use Only Form GWS -44 (06/2006) 1. Applicant Information 6. Use Of Well (check applicable boxes) Name of applicant Patricia Fern Perryman 404 Eastwood Circle Mailing address City Ardmore Telephone # ( ) State OK Zip code 73401 E-mail (optional) 2. Type Of Application (check applicable boxes) ® Construct new well ❑ Replace existing well 0 Change source (aquifer) ❑ Other: ❑ Use existing well 0 Change or increase use 0 Reapplication (expired permit) See instructions to determine use(s) for which you may qualify ❑ A. Ordinary household use in one single-family dwelling (no outside use) • B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: 3 ® Home garden/lawn irrigation, not to exceed one acre: area irrigated 1.0 0 sq. ft. ® acre ® Domestic animal watering — (non-commercial) O C. Livestock watering (on farm/ranch/range/pasture) 7. Well Data (proposed) Maximum pumping rate 15 9pm Annual amount to be withdrawn Unknown acre-feet 3. Refer To (if applicable) Well permit # Water Court case # Total depth Unldcnown feet Aquifer n/a Designated Basin Determination # N/ell name or # 8. Water Supplier 4. Location Of Proposed Well Is this parcel within boundaries of a water service area? OYES ® NO If yes, provide name of supplier: County Garfield SE 1/4 of the SE 114 9. Type Of Sewage System Section Township N or S Range E or W Principal Meridian 10 8 0 92 0 E 6th Distance of well from section lines (section lines are typically not property lines) 375 Ft. from ❑ N ®S 125 Ft. from ® E ❑ W For replacement wells only — distance and direction from old well to new well n/a feet direction Well location address (Include City, State, Zip) 0 Check if well address is same as in Item 1. TBD County Rd.342 Silt, CO 81652 ® Septic tank / absorption leach field ❑ Central system: District name: O Vault: Location sewage to be hauled to: O Other (attach copy of engineering design and report) 10. Proposed Well Driller License #(optional): 11. Signature Of Applicant(s) Or Authorized Agent Optional: GPS well location information in IJTM format. GPS unit settings are as follows: Format must be UTM 0 Zone 12 or 0 Zone 13 Units must be Meters Datum must be NADO3 Unit must be set to true north Was GPS unit checked for above? 0 YES Easting: Northing: Remember to set Datum to NAD83 The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereo an state that they are true to my.knowledge. Sign h (Mu t be original gnat Print name : title /-6-/Z7 x' ) 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. You must Check and complete one of the following: ❑ Subdivision: Name Lot Block Filing/Unit O County exemption (attach copy of county approval & survey): Name/it Lot # O Parcel less than 35 acres, not in a subdivision, attach a deed with metes and bounds description recorded prior to June 1, 1972, and a current deed ❑ Mining claim (attach a copy of the deed or survey): Name/# • Square 40 acre parcel as described in Item 4 ❑ Parcel of 35 or more acres (attach a metes and bounds description or survey) O Other (attach metes & bounds description or survey and supporting documents) B. # of acres in parcel 12.53 C. Are you the owner of this parcel? ®YES 0 NO (if no — see instructions) D. Will this be the only well on this parcel? ®YES 0 NO (if no — list other wells) E. State Parcel IDit (optional): Office Use Only �d /Yag 7 , 1,47(}7% USGS map name DWR map no. Surface elev. Receipt area only WE WR CWCB TOPO MYLAR SB5 DIV WD BA MD DOMESTIC WATER WELL PERMIT NO. 279089 Date Issued October 29, 2008 Location of Proposed Well: SE1/4SE1/4, Section 10, Township 8 South, Range 92 West of the Sixth Principal Meridian. Distance of well from Section Lines: 375 feet North of the South Section line of Section 10. 125 feet West of the East Section line of Section 10. 1 11 1111 1 1111 11311 111 111 11111 Lir ail 11111 1111 575891 02/09/2001 12:00P B1231 I M ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED made by DONALD D. FULTON,.as Personal Representative of the Estate of RILEY RECORD aka RILEY M. RECORD, Deceased, Grantor, granting to PATRICIA FERN PERRYMAN, Grantee, whose address is 404 Eastwood Circle, Ardmore; OIC 73401. WHEREAS, Grantor is the qualified Personal Representative of said Estate, Probate No. 99PR34, Garfield County, Colorado; and WHEREAS, Grantee is entitled to distribution of the hereinafter described real property. NOW, THEREFORE, Grantor conveys, assigns, transfers, and releases to Grantee the following real property in Garfield County, Colorado: Any and all interest of the decedent in that real property described as: S1 S1, SEY NE'/4, NE'/4 SE'/4, the South 15.15 acres of NEI NE1/4, Section 10, Township 8 South, Range 92 West of the 6'1' P.M. with all appurtenances. EXECUTED this day of • f , , 2001, STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) .4( Donald D. Fulton, Personal Representative of the E:.ztate of Riley Record aka Riley M. Record --! The foregoing instrument was acknowledged before me on this ,;;,'`�Jday of 2001, by Donald D. Fulton, as Personal Representative of the Estate of Riley Record aka Riley M. Record, Deceased. Witness my hand and official seal. METHOD OF SEWAGE DISPOSAL METHOD OF SEWAGE DISPOSAL The method of sewage disposal shall be by Individual Septic Disposal System (ISDS). LETTER OF APPROVAL FROM FIRE DISTRICT Burning Mountains Fire Protection District burningmntsfpd cl.msn.com November 20, 2008 Pete Rock Colorado Heritage Real Estate Company 0401 Arroyo Drive Parachute, Colorado 81635 Re: Property located on CR 342, Perryman. Mr. Rock, This letter should serve as an approval letter for the Perryman Exemption from Subdivision application to Garfield County. I have reviewed the site and following our discussion nothing is materially changing on the property. With that said, if any changes to the property in the future or the Fire District deems it necessary, the Fire District will require another review to make sure the property is brought up to the International Fire Code for the changes. If you should have any questions please feel free to contact me. O'V? Orrin D. Moon Assistant Fire Marshal Burning Mountain Fire Protection District Office: 970-876-5738 Fax: 970-876-2774 Cc: Fire Chief McLin File President, Karen Maddalone-Cochran Secretary, John Moore Jr. Director, Robert Thrower Fire Chief, Brit C. McLin Station #1 Administration PO Box 2 611 Man Street Silt, CO 81652 (970) 876-5738 Fax (970) 876-2774 Station #2 731 West Main New Castle, CO 81647 (970) 984-3412 Station #3 5255 CR 335 New Castle, CO 81647 (970) 984-3323 gInniSMMEMMONEE Treasurer, John W. Gredig Director, Mary L. Haggart J & M Pump Inc. 3611 Co Rd. 117 Glenwood Springs Co. S1601 Bill To Colorado Heritage Real Estate Co 0401 Arroyo Dr. Parachute CO. 81635 Invoice Date Invoice # 1/14/2009 1213 Terms Qty ttem Description Rate Amount 1 Well Test Perform 4 hour well test on well located on 342 Rd south of Silt on the Colbran Rd. Price includes bacteria sample sent to GJ Lab. i� ...---S.ave.�`�"1 --j44‹.0 % cy._. 4c521 950.00 950.00 Subtotal 5950.00 Sales Tax (3.9%) so.o0 Total $950.00 Balance Due $950.00 & Yung, sic. 8611 C'aurctt" N2aad 117 gteruuoad Strang° CC 81601 .' wne: 97C-945-6159 'Cce- 97C-948-6159 5cur: 97C-945-6159 Well Test DATE: January 14, 2009 TO: Colorado Heritage Real Estate CO. 0401 Arroyo Dr. Parachute CO. 81635 RE: Well Test Attn: Pete, A four hour well test was performed on a new well located on 342 or Clobran Road. The following results were obtained: Well Depth: 71' Water Level: 30' Drawdown To: 44'5" Sustained Yield: 15 GPM Clarity: Mirky Brown Recovery: 95% within 24 minutes Sample: Bacteria sent to GJ Lab If you have any questions, please call Rick, 945-6159 J & M Pump Inc. _74,41 Richard A Holub Lic. No 1196 Thank You! Colorado of PPobl t and Environment Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab ID No. MSA -2009000374 SAMPLE SITE SAMPLE INFORMATION Colo. Heritage 342 Rd Well Collected Received Reported Collected By Rick 01/14/2009 01/15/2009 Matrix Drinking Water CU STOZIER CO:I\IENTS J and M Pump, Inc. 8611-117 Road Glenwood Springs CO 81601 Contact Name Contact Phone Purpose Routine Chlorine residual Receive Temperature Payment Type Test Name Total coliforms PA Escherichia coli PA Result Coliform ABSENT or less than one (<1), indicates a microbiologically safe sample E. coli NOT DETECTED Method Name If you have ordered Chemistry Tests: Results will be finalized in 2-3 weeks, For more information contact Laurie Peterson at 303-692-3039 LARS Interent Address: http://www.cdphe.state.co.us/h/lrhom.htm Modification Date:1/16/2009 #203 6Fdntty Map Scale: 1'-2000' iMMMOVIMMOrMa MINIM Nal �.tL n �., wL�VU Lava)v....atmat roams, LIMAJC =Min PERRYMAN SUBDIVISION EXEMPTION A Parcel of Land Situate in Section 10, Township 8 South, Range 92 West of the 6th Principal Meridian, County of Garfield, State of Colorado • a x.itw•asuva �lawmlwe. 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Box 426 Rifle, Colorado 81650 Weed Management Plan for Perryman Exemption Mr. Anthony, Please find enclosed two copies of USGS Quadrangular maps, one being an enlargement of the other, and a copy of the proposed Final Plat, indicating the parent property of the Perryman Exemption and the 12.53 acre, Parcel 1, being created. Located on the map is a red line running parallel to County Road 342, which represents a sixty (60) foot wide Pipeline and Right -of -Way granted to EnCana Oil & Gas (USA) Inc. in a Easement and Right -of -Way agreement recorded October 17, 2005 in Book 1736 at Page 211, in the records of the Garfield County Clerk and Recorders Office. Per agreement EnCana Oil & Gas (USA) shall be responsible for the management and eradication of any and all noxious weeds, which may develop and be located within the described Right -of -Way. In accordance with the Garfield County Noxious Weed List, the only noxious weed identified and inventoried on the subject property, is a scattered population of Musk Thistle, and is only located within the Pipeline Right -of -Way granted to EnCana Oil & Gas (USA), In the Spring of the year, EnCana Oil & Gas (USA) Inc shall be contacted, by the current owner of the property, requesting EnCana to treat the affected areas, with a chemical spray. If you should have any questions or need additional information, please do not hesitate to contact me. Sincerely, Jack K. Pretti Owner/Managing Broker Colorado Heritage Real Estate Company 0401 Arroyo Drive 142.5 Airport Road Parachute, CO 81635 www.coloradoheritage.com Rifle, CO 81650 (970) 285-9700 Fax (970) 285-7890 800.545-6372 (970) 625-8910 Fax (970) 625-8920 optierxr oaW NO4MVECG 110t6WOSCIS Ntli41349d 297O? 00l1I0 IX 01110 ALNICO 101,4 FN0/111.0 NO0 0t0 MIIALIEd tl4'1W:VW poar Q° a p ��. 9 �iYtl' 114$1 Hi P21 /ge Sy bt eY ql eQ 11.5 E-i:94L� IBI 3a° ill Ba4 �� c _a !Pi Plei t ° dea• 'Ili ig �g� ga 1 i0 $11114011 !Pi y qq �piG 330 ppE29 d p �qr! ip 04 ,,S;Eaala 7 ill ;Itix j g f0° i i � a Iii a °9 i [oh 11101rIII ; E 1111 11 51$, S bY Ivo 2igy a Qa 9p+e S�t]�, i ' api°� q ii! 4 1 � � F°C a, n�tl4a pQ�� �peS �� a6M p5 lr p Ohl 3@ 1 @�e° v a 022�1A B0 i lid tax i it m iziopm�qya1ithi;gill IIh aAe ppi a Ql B �iFp 3 hi � p �?��yeaha3� ° kill :.,. s10 41111 111111 1 Q 18;,00100r. out, Ikk 1 40'117,0 9 § nsV U �I • Pin ji 2 8 1° i 111 Qp 55 st ; -,t • pg 'a a I ni Elid Tdrillipli i1114 ka�i l 1 pol �n a g po::Yyi I���g p���Q �$ 5 R"e�e il pQ� d� a Ili p d ; d pl bi&°5 � 9a§ Pute* p i1 9 �.lili'l !'i kp'7I qgi °p �° �BY Q Y lf Cp° g �� ' �e� a �Sa p� h AO ie :il Ot, it o A- hi Iii ith g i h h 11:1 !!!!!! il �pa sd� ��� E°e�Iii °�� spa111 gipvE a �epq� I �3 �� A�° �� a u1 Hill it 112 IPq l°� e�1lib lilly 1 iii 0 Lh! p ii 41° 1111 rill iiiiiiii Z QQi 2 _a; IR10,121g 2ii • ,1 I gdg1 it' 3 3 8s K; sL t121 E n f ire xcower it "it - N rux4v a g,4 , -h-Disforrif frovor.leyvaimcwirifeowt. x7,„ 11 �1 I! 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