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03 BM Amendment Ownership Docs
r APPENDIX A OWNERSHIP DOCUMENTATION O\OLSSON ASSOCIATES S'0 p Rscofde�d at / o'clock M % a - 1 �r� - Reception No. 408506 L ",RfT: i /'c.LSDORF, RECORDER GARFIELD COUNTY, COLORADO SPECIAL WARRANTY DEED BOOR 769 PACE518 GARFIELD State boa. Fey BATTLEMENT MESA, INC., a Delaware corporation, with an address of 800 Bell Street, Houston, Texas 77001, for the consideration of ten dollars and other goad and valuable consideration, in hand paid, hereby sells and conveys to BATTLEMENT MESA PARTNERS, a Colorado general partnership,•with an address of 5575 DTC Parkway, Suite 300, Englewood, Colorado 80111, the real property located in the County of Garfield, State of Colorado, more particularly described in Exhibit A attached hereto and incorporated herein, with all its appurtenances, and warrants the title to the same against all persons claiming the whole or any part thereof, by, through or under the grantor, subject to the matters described on Exhibit B attached hereto and incorporated herein. SIGNED this A day of December, 1989. ATTEST: . Mali -, Secretary STATE OF COLORADO SS. COUNTY OF ARAPAHOE BATTLEMENT MESA, INC., a Delaware corporation By: R~ A tonger, Vice Preside t The foregoing instrument was acknowledged before me this day of December, 1989 by Richard A. Stanger as Vice President and John C. Moline as Secretary of Battlement Mesa, Inc., a Delaware corporation. L4.,3/ WITNESS my hand and official seal. My commission expires: MSD /AB 4 41-61, 99 I Notary Public BooBooK 769 PAtE5I9 EXHIBIT A (Attached to and made a part of Special Warranty Deed dated as of December 2a,.1989, executed by Battlement Mesa, Inc.) LEGAL DESCRIPTION A parcel of land lying in Sections 5, 6, 7, 8, 9, 10, 16, 17, 18, and. 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South, Range 96 West, of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range 95 West; Thence along the East line of Section 5 South 00°15'43" West a distance of 1628.34 feet, to the Southeast Corner of the N1/2 NE1/4 SE1/4 SE1/4 of Said Section 5; Thence along the South line of the N1/.2.NE1/4 SE1/4 SE1/4 North 87°19'30" West a distance of 664.56 feet, to the Southwest Corner of said N1/2 NE1/4 SE1/4 SE1/4; Thence along the West line of the N1/2 NE1/4 SE1/4 SE1/4 of Section 5, North 00°23'16" East a distance of 324.34 feet to the Northwest Corner of said NE1/4 SE1/4 SE1/4; Thence along the North line of the SE1/4 SE1/4 of said Section 5, North 87°26'14" West a distance of 663.79 feet, to the Northwest Corner of said SE1/4 SE1/4; Thence along the West line of SE1/4 SE1/4 of said Section 5, South 00°30'52" West a distance of 1292.05 feet to the Southwest Corner of said.SE1/4 SE1/4; Thence along the South line of said Section 5, South 86°59'25" East a distance of 1333.74 feet to the Southeast Corner of said Section 5; Thence along the North line of Section 9, Township.7 South,Range 95 West, South 87°59'43" East a distance of 1326.37 feet, to the Northeast Corner of the NW1/4 NW1/4 of said Section 9; Thence along the East line of the NW1/4 NW1/4 of said Section 9, South 01°02'26° West a distance of 1301.45 feet to the Southeast Corner of said NW1/4 NW1/4; Thence along the North line of the SE1/4 NW1/4 of said Section 9, South 88°02'23" East a distance of 1324.35 feet to the Northeast Corner of said SE1/4 NW1/4; Thence along the North line of the SWI/4 NE1/4 of said Section 9, South '88°35'51" East a distance of 1275.60 feet, to the Northeast Corner of said SW1/4 NE1/4; Thence along the West line of the NE1/4 NE1/4 of said Section 9, North 01°04'15" East a distance of 1311.84 feet A-1 BMX 769 PAME520 . to the Northwest Corner of 'said NE1/4 NE1/4; Thence along the North line of said Section 9, South 89°06'43" East a distance of 1274.26 feet to the Northeast Corner of said Section 9; Thence along the East line of said Section 9, South 01°00'49" West a distance of 1323.29 feet, to the Southeast Corner of the NE1/4 NE1/4 of said Section 9; Thence along the North line of the SW1/4 NW1/4 of Section 10, Township 7 South, Range 95 West, South 88°46'55" East a distance of 631.29 feet to a point on the North line of the said SW1/4 NW1/4, 687 feet West of the Northeast Corner of said SW1/4 NW1/4, said point being the Northwest Corner of that parcel of land described in Document Number 198564 as recorded in Book 302 at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parcel the following five (5) courses: (1) South 00°49'34" West a distance of 221.67 feet; (2) South 48°09'56" East a distance of 361.92 feet to a point 456.00 feet, as measured at right angles, southerly from the North line of the SW1/4 NW1/4 of said Section 10; (3) South 89°17'47" East a distance of 166.55 feet; (4) South 00°49'34" West a distance of 201.43 feet; (5) South 89°17'47" East a distance of 246.37 feet; to a point on the East line of said SW1/4 NW1/4 655 feet South of the Northeast Corner of said SW1/4 NW1/4; Thence departing said parcel boundary along the East line of the SW1/4 NW1/4 of said Section 10, South 00°54'36" West a distance of 667.20 feet to the Southeast Corner of said SW1/4 NW1/4; Thence along the East line of the NW1/4 SW1/4 of said Section 10, South 00°54'38" West a distance of 1315.11 feet to the Southeast Corner of said NW1/4 SW1/4; Thence along the South line of the NW1/4 SW1/4 of said Section 10, North 89°11'.04" West a distance of 1323.06 feet to the Southwest Corner of said NW1/4 SW1/4; Thence along the South line of the N1/2 SE1/4 of Section 9, Township 7. South, Range 95 West, North 87°19'11" West a distance of 2557.45 feet to the Southwest Corner of said N1/2 SE1/4; Thence along the South line of the N1/2 SW1/4.of Section 9, North 88°38'08" West a distance of 2654.44 feet to the Southwest Cornerof said N1/2 SW1/4;. Thence along the South line of the NE1/4 SE1/4 of Section 8, Township 7 South,.Range 95 West, North 88°43'49" West a distance of 1331.33 feet to the Southwest Corner of said NE1/4 SE1/4 of Section 8; A-2 BOOK 769 PACE52j Thence along the West line of the SE1/4 SE1/4 of Section 8, South 01°20'14" West a distance of 1316.23 feet to the Southwest Corner of said SE1/4 SE1/4 of Section 8; Thence along the East line of the W1/2 NE1/4 of Section 17, South 01°00'57" West a distance of 2639.16 feet to the Southeast Corner of said W1/2 NE1/4 of Section 17; Thence along the North line of the NE1/4 SE1/4 of Section 17, South 88°46104" East a distance of 1324.13 feet to the E1/4 Corner of Section 17; Thence along the Easterly line of the NE1/4 SE1/4 of Section 17, South 01°01'24" West a distance of 1320.50 feet to the Southeast Corner of the NE1/4 SE1/4 of Section 17; Thence along the North line of the SW1/4 SW1/4 of Section 16, Township 7 South, Range 95 West, South 87°41'13" East a distance of 1330.94 feet to the Northeast Corner of said SW1/4 SW1/4; Thence along the East line of the SW1/4 SW1/4 of Section 16, South 01°03'30" West a distance of 1322.00 feet to the Southeast Corner of said SW1/4 SW1/4; Thence along the South line of said Section 16 North 87°37'18" West a distance of 1330.20 feet to the Southwest Corner of said Section 16; Thence along the South line of Section 17, Township 7 South, Range 95 West, North 88°44'01" West a distance of 1984.49 feet to the Southwest Corner of the E1/2 SW1/4 SE1/4; Thence along the West line of the E1/2 SW1/4 SE1/4, North 00°59'11" East, a distance of 1319.91 feet to the Northwest Corner of said E1/2 SW1/4 SE1/4; Thence along the South line of the NW1/4 SE1/4 of said Section 17, North 88°45'02" West a.distance of 661.78 feet to the Southwest Corner of said NW1/4 SE1/4; Thence along the South line of the NE1/4 SW1/4, North 88°45'02" West a distance of, 1158.58 feet to a point 10 rods East of the Southwest Corner of said NE1/4 SW1/4; Thence North 01°03'04'' East a distance of 131.93 feet; .Thence North 88°43'44" West a distance of 165.63 feet; Thence North 00°55'58" East a distance of 527.66 feet, along the West line of the NE1/4 SW1/4 to the Northeast Corner of the S1/2 NW1/4 SW1/4; Thence North 88°45'33" West 1324.42 feet to the Northeast Corner of the E1/2 SE1/4, NE1/4 SE1/4 of Section 18, Township 7 South, Range 95 West; Thence along the North line of the E1/2 SE1/4 NE1/4 SE1/4 of said Section 18, North 88°24'33" West a distance of 329.86 feet to the Northwest Corner of said E1/2 SE1/4 NE1/4 SE1/4; Thence along the West line of the E1/2 SE1/4 NE1/4 SE1/4 of said Section 18, South 00°53'57" West a distance of 659.61 feet to the Southwest Corner of said E1/2 SE1/4 NE1/4 SE1/4; A-3 BOOK 769 PAGE522 Thence along the South line of the NE1/4 SE1/4 of said Section 18, North 88°26'07" West a distance of 989.84 feet to the Southwest Corner of said NE1/4 SE1/4; Thence along the East line of the SW1/4 SE1/4 of said Section 18, South 00°55'21" West a distance of 1320.46 feet to the Southeast Corner of said SW1/4 SE1/4; Thence along the East line of the W1/2 NE1/4 of Section 19, Township 7 South, Range 95 West, South O1°06'34".West a distance of 2642.08 feet to the Southeast Corner of said W1/2 NE1/4; Thence along the South line of the NE1/4 of Section 19, North 88°41`12" West a distance of 1329.89 feet to the Southwest Corner of said NE1/4; Thence continuing Westerly along the South line of the NW1/4 of said Section 19, North 88°41'12" West 2570.38 feet to the Southwest Corner of said NW1/4 of Section 19; Thence continuing Westerly along the South line of the NE1/4 of Section 24, Township 7 South, Range 96 West, North 89°32'43" West a distance of 2673.12 feet to the Southwest Corner of said NEI/4; Thence along the West line of said NE1/4, North 00°23'55" West 1023.06 feet; Thence North 01°25'42" East 229.68 feet; North North North North North North North North North North North North North North North North North North North South North North North. North North North 31°20'39" 23°57'45" 03°44'35" 78°09'48" 29°11'58" 41°32'54" 43°05'27" 45°29'15" 87°42'34" 31°06'41" 22°45104" 39°02'08" 25°36'08" 04°45'491 20°21'12" 30°23'55"- 40°00'23" 59°27'09" 67°50'01" 74°03'17" 74°48'51" 77°02'26" 80°16'54" 53°05'34" 36°5.9'27" 39°38'39" East East East East East East East East East West West West West West East East East East East East East East East East East East A-4 a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance of of of of of of of of of of of of of of of of of of of of of of of of of of 413.32 feet; 196.98 feet; 107.23 feet; 170.63 feet; 807.63 feet; 223.14 feet; 127.35 feet; 33.2.35 feet; 50.04 feet; 332.88 feet; 336.16 feet; 476.34 feet; 266.13 feet; 301.04 330.64 434.77 365.55 354.15 437.32 145.60 362.66 383.98 645.06 612.80 284.20 136.36 feet; feet; feet; feet;' feet; feet; feet; feet; feet; feet; feet; feet; feet; North North North North North North North North North North North North North 18°09'46" 05°30'08" 35°52'20" 09°18'01" 09°50'56" 31°58'49" 18°54'07" 23°11'55" 09°57'50" 06°34'55" 05°26'25" 20°08'11" 04°25'19" East East East East East East East East East West East East East a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance aoR 763 NcE.523 of of of of of of of of of of of of of 266.27 219.01 298.65 290.82 292.31 241.68 271.65 380.79 375.67 261.72 105.48 159.76 105.19 feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; Thence leaving said Colorado River centerline South 81°08'11" East 415.22 feet; Thence North 01°04'l0" East a distance of 485.22 feet; Thence South 88°24'36" East a distance of 83.00 feet; Thence North 53°18'25" East a distance of 635.50 feet to the southerly Right -Of -Way of the existing County Road; Thence along said Right -Of -Way South 43°14'11" East a distance of 55.74 feet; Thence continuing along said Right -Of -Way South 34°04'07" East 107.02 feet; Thence continuing along said Right -Of -Way South 15°35'44" East 66.56 feet; Thence North 72°19'16" Thence South 79°47'18" Thence South 37°23'26" Thence South 06°07'27" Thence North 88°48'43" West a distance West a distance West a distance West a distance East a distance of 13.56 feet; of 24.89 feet; of 100.52 feet; of 83.52 feet; of 85.28 feet to the westerly Right -Of -Way of the existing County Road; Thence along said Right -Of -Way the following courses and distances; South 10°11'10" East a distance of 50.84 feet; Thence 244.26 feet along the arc of a curve to the left having a radius of 1611.94 feet, the chc3rd of said curve bears South 02°50'01" East a distance of 244.03 feet; Thence 331.22 feet along the arc of a curve to the left having a radius of 270.10 feet the chord of said curve bears South 42°18'20" East 310.85 feet; Thence South 77°25'36" East a distance of 249.91 feet; Thence South 82°00'16" East 142.25 feet; Thence leaving said County Road Right -Of -Way North 13°52'58" East a distance of 60.00 feet; Thence South 76°07'01" East a distance of 196.00 feet; Thence. South 66°03'01" East a distance of 92.80 feet; A-5 BOOK 769 PAGE524 Thence North 64°50100" East a distance of 12.20 feet; Thence South 86°44'06" East a distance of 201.00 feet; Thence North 01°36'29" East a distance of 650.00 feet; Thence North 86°44'01" West a distance of 359.65 feet; Thence North 01°36'06" East a distance of 469.21 feet; Thence North 01°32'15" East a distance of 568.40 feet; Thence North 01°39'14" East a distance of 355.62 feet; Thence North 85°54'03" West a distance of 478.86 feet to the high water line of the Colorado River; Thence along said high water line the following courses and distances: North North North North North North North North North North South North South South South South North North 13°05'07" 06°43'43" 19°49'25" 42°43'01" 56°49'54" 49°26'57" 61'16'18" 67°09'59" 69°11'36" 87°08'15" 73°22'09" 88°43'46" 88°09'51" 82°24'43" 84°31'33" 84°58'17" 42°17'27" 27°02'16" East East East East East East East East East East East East East East East East East East a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance of of of of of of of of of of of of of of of of of of 307.73 896.17 613.35 426.02 182.78 246.11 853.00 206.15 feet; feet; feet; feet; feet; feet; feet; feet; 267.44 feet; 320.40 feet; 80.36 feet; 541.13 312.16 155.46 332.93 244.74 998.88 109.07 feet; feet; feet; feet; feet; feet; feet; Thence leaving said Colorado River High Water Line South 87°53'17" East a distance of 2095.95 feet to the point of beginning. EXCEPTING THEREFROM the following parcels: Excepted Parcel 1 The SE1/4NE1/4 of Section 18, Township.7 South, Range 95 West of the 6th P.M. as conveyed to Edward T. Hoaglund and Ida Lee Hoaglund by deed dated May 13, 1969 and recorded by Reception No. 243419. Excepted Parcel 2 A parcel of land located in the E1/2 NE1/4 of Section 9, Township 7 South, Range 95 West of the Sixth Principal Meridian lying South of the centerline of the existing County Road which bisects said E1/2 NE1/4 being more fully described as follows:' A-6 BOOK 769 P GE525 Beginning at the Southwest Corner of the E1/2 NE1/4 of said Section 9; Thence North 01°04'15" East 1326.43 feet to the centerline of the existing County.Road; Thence along said centerline the following courses: South 88°05'38" East 606.75 feet; Thence 173.76 feet along the arc of•a.curve to the left having a central angle of 36°50'00", a. radius of 270.29 feet and a chord that bears North 73°13'49" East 170.52 feet; Thence North 54°33'16" East 112.11 feet; Thence 266.93 feet along the arc of a curve to the right having a central angle of 79°30'00", a radius of 192.38 feet and a chord that bears South 79°26'03" East 222.24 feet; Thence South 54°46'19" East 238.44 feet; Thence leaving said road centerline South 01°00'49" West 1284.83 feet, along the East line of said E1/2 NE1/4 to the Southeast Corner of said E1/2 NE1/4; Thence North 88°05'03" West 1277.04 feet along the South line of said E1/2 NE1/4 to the point of beginning. Excepted Parcel 3 All that part of the NE1/4 SE1/4 of Section 7, Township 7 South, Range 95 West of the 6th P.M., Garfield County, Colorado, lying and being South and West oftheright-of- way for County Road No. 305 as now constructed, as conveyed to Clara E. Mahaffey by deed dated November 10, 1941 and recorded as Reception No. 146955.. Excepted Parcel 4 A parcel of land beginning at the Northwest corner of the NE1/4 SE1/4 of Section -7, Township 7 South, Range 95 West, 6th P.M.;. thence South 02°36 1/2' West 586.9 feet; thence South 75°07' East 196 feet; thence South 65°03' East 92.8 feet; thence North 65°50' East 12.2 feet; thence North 85°44' West 201 feet; thence North 02°36 1/2' East 650 'feet; thence North 85°44' West 489.4 feet to the point of •beginning. Excepted Parcel 5 A parcel of land conveyed to the Grand Valley Cemetery District located in, Section 17, Township 7 South, Range 95 A-7 BOOK 769 ritcE526 West of the 6th P.M., Garfield County, Colorado according to the Plat recorded January 29, 1985 as Reception No. 368453. Excepted Parcel 6 All land conveyed to Fred G. Gardner and Henrietta Gardner by deed dated June 8, 1957 and recorded as Reception No. 198028, conveyed to Ruth I. White by deed datedovember 7, 1958 and recorded as Reception No. 203414 and by deed dated May 14, 1981 and recorded as Reception No. 315095 conveyed to Cecil A. Gardner and Ruth L. Gardner. Together with a parcel of land located in Section 18, Township 7 South, Range 95 West of the Sixth. Principal Meridian and more particularly described as follows: Beginning at a point whence a Bureau of Reclamation Brass Cap monumenting the W1/4 Corner of said Section 18 bears North 88°23'00" West 777.00 feet; Thence North 17°37100" East 180.00 feet; Thence South 88°23'00" East 457.16 feet; Thence South 24°50'39" West 188.29 feet; Thence North 88°23152" West 432.52 feet to the point of beginning. Excepted Parcel 7 All land conveyed to the Board of County Commissioners of Garfield county by the following deeds: Recording Date Book/Page September 13, 1911 83/520 March 9, 1915 86/341 March 9,-1915 86/344 March 9, 1915 86/345 March 9, 1915 86/343 March 9,.1915 86/340 August 9, 1950 252/17 August 9,-1950 . 252/18 August 9, 1950 256/16 December 3, 1907 67/514 January 5, 1905 62/77 March 9, 1915 86/342 A-8 Reception No. 42609 51360 51363 51364 51362 51359.- 173062 173063 173061' 34352 73©61- 34352 30258 51361. BOOK 769 PAcE527 Excepted Parcel 8 All land conveyed to Public Service Corporation by the following deeds: Recording Date Book/Page Reception No. September 11, 1909 79/146 May 25, 1961 334/242 re-recorded June 6, 1961 334/324 Excepted Parcel 9 37734 213846 213952 That portion conveyed to The Mountain States Telephone and Telegraph Company by document recorded June 7, 1981 in Book 576 at Page 230 as Reception No. 316688. Excepted Parcel 10 That portion conveyed to Storer Cable T.V. Inc_ by document recorded September 11, 1981 in Book 581 at Page 120 as Reception No. 319076. Excepted Parcel 11 That portion conveyed to Eaton Investment Company by document recorded April 15, 1982 in Bock 597 at Page 229 as Reception No. 326735. Excepted Parcel 12 All those portions lying Northerly of the Southerly bank and Westerly of the Easterly bank of the Colorado River. Excepted Parcel 13 50% interest conveyed to Richard A. Stonger, Delbert E. Dawson, Stephen M. Virden, Robert A. Foster and William W. Wilde, by document recorded February 22, 1988 in Book 729 at Page 231 as Reception No; 389775. Excepted -Parcel 14 That portion conveyed to the Garfield County Colorado School District 16 Building Corporation by document recorded September 17, 1985 in Book 675 at Page 572 -as Reception No. 365005 and platted as L.W. St. John Middle School, Plat recorded December. 5,- 1983 as.Reception No. 347912. A-9 BOOK 769 PJcE5 3 Excepted Parcel 15 That portion conveyed to the Battlement Mesa Service Association by document recorded September 23, 1982 in Book 608 at Page 648 as Reception No. 332739. Excepted Parcel 16 60% interest conveyed to Richard A. Stonger, Richard L. Witt, Robert A. Foster and William W. Wilde, by document recorded March 11, 1987 in Book 707 at Page 44 as Reception No. 379728. Excepted Parcel 17 All property contained within Town Center Filing No. 4, according to the Plat thereof, recorded October 8, 1986, as Document No. 375171. Excepted Parcel 18 The following property contained within Monument Creek Village, Section One, according to the Plat thereof, recorded August 11, 1981 as Document No. 318004: All of Block 1, All of Block 2, Lot 1, Block 3, Lots 5, 13 and 25, Block 5, Lots 1, . 4, 5. and 7, Block 6, Lots 1 through 4, Block 7, Lots 1, 4 and 5, Block 8, Lots 5, 8, 9, 10, 17; 19 and 21, Block 9, All of Block 13, Lots 1, 2, 3 and 4 through 14, Block 14,,• Lots 1 through 3, 5., 7, 9, 11, 17, 18, 21, 23 through 26 and 29, Block 15, Lots 1, 3 through 9, 13 through 17, and 19 through 25, Block 16, Lots 1 and 4 through 8, Block 17, Lots 2 through 9, Block 18, and All of Block 19 Excepted Parcel 19 The following property contained within Willow Creek Village, Section One, according to the Plat thereof, recorded November 9, 1981 as Document No. 321237: A-10 Boaz 769 rnE529 Lot 4, Block 1, Lots 1. and 8 through 10, Block 2, Lots 1, 2 and 8, Block 3, and Lots 5 through 9, Block.4 Excepted Parcel 20 Lot 22, Block 2 and Lots 17 through 19 and Lot 27, Block 4, Battlement Creek Village, Section One, according to the Plat thereof, recorded November 16, 1981 as Document No. 321539. Excepted Parcel 21 Lot 1, Block 1, River Bluff Filing 9, according to the Plat thereof, recorded July 18, 1983, as Document No. 344072 and the Replat, recorded May 7, 1984 as Document No. 352082. Excepted Parcel 22 Lot 1, Block 1, Jack's Pocket Village Filing 4, according to the Plat thereof, recorded July 22, 1983, as Document No. 344066. Excepted Parcel 23 Lots 13 and 16, Block 18, Saddleback Village Filing No. 1, according to the Plat thereof, recorded July 19, 1988 as Document No. 393852. Excepted Parcel 24 Lots 4, 5, 6 and 7 Mesa Ridge Phase I according to the Plat thereof recorded September 12, 1988 as Document No. 395200. Excepted Parcel 25 Lots 1, 2 and 3, Block 1, River Bluff Filing No. 1, according to the Plat thereof, recorded under Reception No. 371428. Excepted Parcel 26 Lot 1, Block 1, River Bluff Filing No. 2, according to the Plat thereof, recorded under Reception No. 344067. A-11 BOOK 769 PACE 530 Excepted Parcel 27 Lot 1, Block 1, River Bluff Filing No. 3, according to the Plat thereof, recorded under Reception No. 344068, Excepted Parcel 28 Lot 1, Block 1, River Bluff Filing No. 4, according to the Plat thereof, •recorded under Reception No. 344069. Excepted Parcel 29. Lot 1, Block 1, River Bluff Filing No. 5, according to the Plat thereof, recorded under Reception No. 352323. Excepted Parcel 3Q Lot 1, Block 1, Jack's Pocket Village Filing No. 2, according to the Plat thereof, recorded under Reception No. 344064. Excepted Parcel 31 Lot 1, Block 1, Jack's Pocket Village Filing No. 3, according to the Plat thereof, recorded•under Reception No. 344065. Excepted Parcel 32 Lot 1, Block 1, The Highlands Filing No. 1, according to the Plat thereof, recorded under Reception No. 344062. Excepted Parcel 33 Lot 1, Block 1, Tamarisk Lift Station, according to the Plat thereof, recorded under Reception No. 363320. A-12 mend/ab4 BOOK 769 PMGE 3i. EXHIBIT B (Attached to and madea part of Special Warranty Deed dated as of December ')o, 1989, executed by Battlement Mesa, Inc.) MATTVRS TO WHICH TITLE IS SUBJECT 1. Taxes for the year of 1989 not yet due and payable. 2. The effect of inclusion into the following taxing authority districts: School District 16, WEst Divide Water, Grand River Hospital, Grand Valley Fire, Colorado River Conservation, Grand Valley Cemetery, Colorado Mountain College, Parachute/Battlement Mesa Park and Recreation District, Battlement Mesa Water and Sanitation, Saddleback Metropolitan District, Battlement Mesa Metropolitan District, Garfield County.' 3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded as follows: . RECORDED BOOK/PAGE REC. NO. LAND AFFECTED September 26, 1900 12/541 22987 NENSE4 Section 5 April 1, 1914 71/600 49239 SEkSE4 Section 5 NE3INE3 Section 5 September 18, 1906 56/559 32387 SW3(SE3 Section 5 NW*NO4 Section 8 August 22, 1899 12/523 21948 Lot 8, SE3sSW3t, NW3ISE1/2 Section 5 September 19, 1908 73/10 35783 Lot 11 Section 5 and N34NW4 Section 8 August 23, 1902 56/461 26945 SEWE3g,NE3<NV4 Sec. 7 SE34NW3 Section 8 June 9, 1913 73/65 47124 Lot 11, Section 6 November 3, 1897 12/466 20441 NE4SE3 Section 8 May 19, 1919 73/109 66522 NW4SW4 Section 9 May 5, 1911 71/475 41850 Lot 7, NE4SEE Sec. 7 NWNSW4 Section 8 June 6, 1893 12/236 16020 N3fNW1 , NW3gNE4 Section 17 NE3 NE3 Section 18 January 2, 1896 "12/391 18951 NW4SE3, SE4S 144 Section 8 February 17, 1923 73/140 81888 5E1/45E4 Section 7 SW4SW4 Section' 8 October 1., 1910 71/438 40359 NE4SW4, SW3SE3 Section 8 December 26, 1912 71/583 45941 SW45W* Section 16 B-1 February 14, 1894 November 1, 1910 October 6, 1902 December 11, 1897 January 15, 1918 March 21, 1904 May 28, 1898 March 2, 1897 May 28, 1928 May 11, 1894 November 11, 1893 12/296 71/441 56/462 16909 40540 27079 12/468 20535 71/612 60295 56/495 29234 12/488 21006 12/452 19953 73/114 71310 12/319 17275 12/254 16517 BOCK 76'3 rAcE5 32 ►N iRtS 49tion 17 N3NWn SW3� ection 17 S WWE1/2 , S E31NW1/2, S W3rNW4 Section 17 Lot 10, SEjSW3� , NE1/2SW3( , SW4SE3s Section 7 NW1/2NE3 Section 18 E3!NW3x, NE3SW4 Section 18 SW3INE3, N3ISE3i Section 18 SW3ISWL Section 17 S3SE3t, SE3KSW1/2 Section 18 Lots 1 & 2 Section 19 E1/2NE3E Section E3NW1/4 , E3INE4 Section 19 Lot 1, SWNNE4 Section 24 Lot 4 & 5 Section 18 Lots 6, 7 & 14 Section 13 Lots 5, 8 & 9 Section 13 4. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents recov.ded as follows: RECORDED BOOK/PAGE REC. NO. LAND AFFECTED September 26, 1900 12/541 22987 NE4SE3 Section 5 September 18, 1906 56/599 32387 SWE3 Section 5 NW3iNE3 Section 8 August 22, 1899 12/523 21948 Lot 8, SWW4, NWhSE3 Section 5 September 19, 1908 73/10 35783 Lot 11 Section 5 N3INW3 Section 8 August 23, 1902 56/461 26945 SF:NE3K, NE34NEN Section 7 SW3NSW1/2, SENNW3 Section 8 June 9, 1913 73/65 47124 Lot 11 Section 6 June 15, 1954 277/78 186136_ Lot 9 Section 5 September 21, 1946 218/348 158528 Lot 1 Section 7 June 23, 1913 92/264 47238 S1/2NE3x Section 8 May 24, 1911 71/477 41956 W1NW1/2, S E3 NW4 , SW3 NE4 Section 9 May 2, 1911 71/474 41287 N1/2SE3 Section 9 - NW1/2SW4,SW34NT+4 Section 10 March 19, 1954 275/519 185342 NE3rtSW3g Section 9 November 3, 1897 12/466 20441 NEWEk Section 8 May 19, 1919 73/109 66522 NWWW4 Section 9 June 22, 1914 52/332 49730 SW1E4 Section 9 June 18, 1920 112/525 71552 NE:NE3 Section 9 May 5, 1911 71/475 41850 Lot 7, NEE32SE3 Section 7 B--2 June 6, 1893 January 2, 1896 February 17, 1923 October 1, 1910 December 26, 1912 February 14, 1894 November 1, 1910 October 6, 1902 December 11, 1897 January 15, 1918 March 21, 1904 March 2, 1897 May 28, 1928 May'll, 1894 November 11, 1893 December 3, 1980 5. Statements and Maps DITCH Milburn and Hewitt Hewitt and Milburn Revell Spring and Waste Water Huntley and Albright Sawin'Enlargement -of Huntley Wandering Jew Wandering Jew Ditch Enlargement Huntley Huntley Enlargement Spencer Ditch R. F. Ditch Ward Extension Werhonig Eaton Springs Ditch, 12/236 16020 12/391 18951 73/140 81888 71/438 40359 71/583 45941 12/296 16909 71/441 40540 56/462 27079 12/468 20535 71/612, 60295 56/495 29234 12/452 19953 73/114 71310 12/319 17275 12/254 16517 561/155 309936 BOOK 769 pAGE533 NW3SW1/2 Section 8 N�NW1/2,_NW3NEh Section 17 NEhNE3 Section 18 NW4SE3K, SE3gSWh Section 8 SE3SE3 Section 7 SW1gSW3; Section 8 NEhSW3r, SW3SE3 Section 8 SW3xSW3 Section 16 E3�5E3,�, NWIfSE34 Section 17 NE1/25W4, DISWkSE3 N3NW3gSW3< Section 17 SW34NE3, SE3(NW3, SWC NW3t Section 17 Lot 10, SE31SW1/2, NE4SW3: SW3iSE3x Section 7 NN NE3( Section 18 E34NW3�, NE3SW3 Section 18 SW3*NE3 Section 18 SW1/28W4 Section 17 S3ISE3, SE1/2SW3j Section 18 E3INW1/2 , MINS( Section 19 Lot 1, SW34NE4 Section 24 Lot 4 & 5 Section.18 Lots 6,7 & 14 Section 13 Lots 5,8 & 9 Section 13 Lot 10 Section 5 for ditches detailed as follows: FILING DATE REC. N0. LAND AFFECTED April 2, 1887 4021 ,NWWW4 Section 8 August 8, 1887 4988 NWWW1,4 Section 8 September, 1, 1897 20314 June 29, 1885 NW1/2NW3 Section 8 1631 NW3NW1/2 Section 8 March 27, 1893 15514 June 3, 1910 39613 February 23, 1911 41358 August 6, 1887 4967 June 15, 1888 7113 April 23, 1900 22625 November 30, 1886 3390 May 12, 1888 6953 November 23, 1895 18850 NWWW3 Section 8 S3fSN3E Section 5 O'Toole, Marrow, Dobey, Shutt, Musconetcong, Studt #2 and Ditch No. 1 as shown on -ditch map by Wright Water B-3 8c ox 769 Pic X34 Engineers prepared March, 1977. 6. Right of way for ditch as granted to Mary B. Bailey and Beatrice Bailey by document recorded July 9, 1947 in Book 223 at page 106 as Reception No. 161611. (SENNW3;, ShSW1NE3 Section 17) 7. Easements and rights of way as granted to Western Slope Gas Company by the following documents: RECORDING DATE • BOOK/PAGE REC. NO. LAND AFFECTED July 5, 1962 342/567 218055 SW3SW1/2 Section 16 August 2, 1962 343/353 218373 SE3 Section 17 8. Easement for a gas pipeline as granted to Public Service Company of Colorado by Charles Haberman and Marcia Lee Haberman along the County Road to the Southerly line of property owned by Mary Williams described in Book 317 at page 297, as Reception No. 205421; recorded September 5, 1963 in Book 352 at page 493 as Reception No. 222678. (Lot 7, Section 7) 9. Easement for a pipeline to transport oil and gas as granted to 'Western Slope Gas Company by Charles Haberman and Marcia Lee Haberman along the County Road recorded November 29, 1962 in Book 345 at page 494 as Reception No. 219574. (Lot 7, Section 7) 10. Any portion of subject property lying within Lot 12 John Horbetz property according to the plat thereof recorded May 5, 1947, as Reception No. 160820. (Lot 7, Section 7) Right to operate and maintain a pipeline or open ditch from a spring located in said Lot 7 onto lands in Lot 6 with right of entry and egress on and across subject property for the maintenance of said pipeline and ditch as excepted and reserved in Deed recorded July 26, 1946 in Book 218 at page 280 as Reception No. 158075. 11. 12. Rights of way for the Eaton Pipelines as set forth in instrument filed March 7, 1961 as Document No. 212993, as amended by Document No. 212994 and as set forth in Decree's recorded October 4, 1966 in Book 379 at page 281 as Reception No. 236103 and in Book 379 at page 282 as Reception No. 236104. (Lot 10 and SW3 SE3t of Section 7 and NEWW4 and NWhNE3g of Section 18) 13. Battlement Mesa Pumping Plant, Pipeline and Ditches filed February 23, 1962 as Document No. 216670 and as shown on Map J-66 in the office of the Clerk and Recorder of Garfield County. (NWNNEth and E35NW1( of Section 18) B-4 BOOK 769 PAGE535 14. Easements and rights of way as granted to Public Service Company of Colorado by the following documents:. RECORDED BOOK/PAGE RECEPTION NO. April 21, 1960 325/344 209185 October 20, 1960 330/354 211380 April 21, 1960 325/246 ,209187 November 2, 1960 330/515 211604 1S. Easement and right of way for pipeline purposes as conveyed by Ada M. Alderson in deed to Western Slope Gas Company recorded April 2, 1963 in Book 348 at page 191 as Reception No. 220917, in which the specific location of the easement is not defined. 16. Right of way easement being 15 feet in width as granted to Holy Cross Electric Association, Inc., by James H. Smith, Jr. in document recorded October 19, 1971 in Book 423 at page 521 as. Reception No. 251434, in which the specific location is not defined. 17. Right of way as reserved by The Town of Grand Valley in document recorded September 18, 1911 in Book 83 at page 516 as Reception No. 42601 which reads as follows: "The party of the first part hereby reserving a good and sufficient right of way to the so-called upper springs for a pipeline and all other rights of way and reservoir sites which may at any time become necessary for the proper enlargement.or improvement of the water works system which now supplies the said Town of Grand Valley with water for fire and domestic purposes. And the Agreement between Rea L. Eaton and The Town of Grand Valley recorded May 11, 1961 in Book -334 at page 79 as Reception. No. 213715. (All lands in Section 5) 18. Right of way easement as granted to Western Slope Gas Company by James H. Smith, Jr. by document recorded July 5, 1962 in Book 342 at page 565 as Reception No. 218053. (NW1/2SW4 Section.l0, SW4SE1/2, 5E1/25E4 Section 9) 19. Right of way easement as granted -to Holy Cross Electric Association, Inc., by James H. Smith, Jr. by document recorded September 17, '1974 in Book 464 at page 498 as Reception No. 264797 in which specific location is not defined. 20. Terms, easements and restrictions as shown or. noted on the plat of Orchard Place as containedin the Statement thereon recorded March 24, 1911 as Reception No. 41574. (E3 5Wf , W3 SE3t Section 8) B-5 BMX 769 PAGE 53S 21.. License Agreement between Battlement Mesa Inc., Tosco Communities Corporation and Storer Cable T.V. recorded November 16, 1981 in Book 586 at page 211 as Reception No. 321538. 22. Declaration of easements by B DATE RECORDED BOOK/PAGE lune 3, 1985 669/648 June 3, 1985 669/653 atlement Mesa, REC. NO. 362160 362161 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 669/659 669/665 669/672 669/677 669/682 669/687 669/692 669/699 669/705 669/711 669/716 669/723 669/728 669/733 669/740 669/747 669/752 669/757 669/762 669/767 669/772 June 3, 1985 669/777 June 3, 1985 June 3, 1985 June 3, 1985 June 26, 1985 November 26, 1985 April 10, 1986 December 28, 1987 October 5, 1988 June 9, 1989 669/783 669/788 669/793 671/267 679/550 686/444 726/857 742/-180 755/896 5-6 362162 362163 362164 362165 362166 362167 362168 362169 362170 362171 362172 362173 362174 362175 362176 362177 362178 362179 362180 362181 362182 362183 362184 362185 362186 362837 366906 370148 388564 395840 402239 Inc. as set out below: LAND AFFECTED SE3r Section 18 Wh Section 17 Eh Section 18 NWh Section 19 NEI( Section 18 N3 Section 18 SE1 Section 18 NEWW3, NW3KSEh Section 7 NW3 Section 17 NW3 Section 17 NW3 Section 17 NEhSE3 Section 8 S3SE3 Section 7 NW3 Section 18 NEWE3 Section 8 SE31 Section 18 N3gNW3( Section 19 SW3NSW3 Section 18 NEh Section 18 SE3 Section 7 Eh Section 19 SWh Section 18 SW3 Section 8 NWI Section 8 Sh Section 18 N3 Section 19 Pt. Sections 17, 18, 19 and 24 NE3; Section 18 NWh Section 17 NE* Section 18 NEIN Section 17 NEI( Section 24 NE3 SE3 Section 7 SE3 Section 18 NEh Section 7 SEh Section 6 SE3NWh Section 17 NE1 Section 7 5E3 Section 6 April 1O, 1986 May 23, 1988 November 3, 1989 23.Deeds of Dedication NAME County Road No. 307 (River Bluff Road) Morrisania Road Battlement Parkway 686/439 734/788 766/297 370147 392256 407082 for the following: RECORDED January 10, 1989 January 10, 1989 January 10, 1989 BaroK 7G9 pAt.E5 537 SE3g Section 17 NE's Section 17 SW4 Section 17 BOOK/PAGE REC.NO. 747/177 747/178 747/179 398266 398267 ' 398268 24. Declaration of License for utilities recorded April 21, 1988 in Book 732 at page 889 as Reception No. 391391. 25. Underground electrical easements being 10 to Holy Cross Electric Association by the RECORDING DATE , BOOK/PAGE REC. NO. April 22, 1982 . 597/878 327005 April 22, 1982 597/879 327006 May 3, 1982 598/482 327354 June 3, 1985 July 1, 1983 669/798 362187 629/939 343523 feet in width as granted following documents: LAND AFFECT NW1/2 Section 17 NM* Section 17 Lot 1, Block 1, Town Center Phase One SW x5E3 Section 7 MIND/ Section 18 NWhNW3 Section 17 Willow Creek Village No.2 26. Pipeline easement being 35 feet in width as granted to Northwest Pipeline Corporation by document recorded September 23, 1982 in Book 608 at page 664 as Reception No. 332747. (Eli Section 9) 27.' Gas System Utility easements being 10 feet in width as granted to Public Service Company of Colorado by documents recorded April 7, 1983 in Hoak 624 at page 496 as Reception No. 340721, (Block 2, Willow Creek Village No. 2); and recorded April 7, 1983 in Book 624 at page 498 as Reception No. 340722, (Block 1, Willow Creek Village No. 2). 28. Open End Leasehold Mortgage between City Market, Inc. a Colorado Corporation and Citibank, N.A. recorded October 28, 1988.inBook 743 at page 489 as Reception No. 396437. Applies to leasehold interest only. 29. Terms and conditions of the County Subdivision Resolutions as set out below: SUBDIVISION NAME RESOLUTION NO. REC. NO. River Bluff Filing No. 1 84-102 352892 B-7 30. BOOK '769 PAGE538 River Bluff Filing No. 6 83-75 339454 River Bluff Filing No. 8 83-76 339455 River Bluff Filing No, 9 83-77 339456 Jacks Pocket Village Filing No. 1 83-78 339457 Jacks Pocket Village.Filing No. 5 88-019 389881 Battlement Cemetery 84-103 352893 Battlement Mesa P.U.D. 82-121 333476 Subdivision Improvement Agreement between Battlement Mesa Inc. and Garfield County, et al, pertaining to Mesa Ridge (Phase I) recorded September 13, 1988 in Book 741 at Page 69 as Reception No. 395254. 31. All easements, rights of way, roads, streets, drives, places, boulevards, and restrictions as set forth on the Plats of the following subdivisions: Monument Creek Village Section One 318004 Monument Creek Village Section Two 319920 Monument Creek Village Filing No. 4 368452 Willow Creek Village Section One 321237 Willow Creek Village Section Two 322310 Battlement Creek Village Section One 321539 Battlement Creek Village Section Two 326397 Tamarisk Subdivision Filing No. 1 316729 Tamarisk Subdivision Filing No. 2 323297 Town Center Filing No. 1 321536 Town Center Filing No. 2 375169 Town Center Filing No. 3 375170 River Bluff Filing No. 1 371428 River Bluff Filing No. 6 344070 River Bluff Filing No. 8 344071 River Bluff Filing No. 9 344072 and Replat 352082 Jacks Pocket Village Filing No. 1 344063 Jacks.Pocket Village Filing No. 2 344064 Jacks Pocket Village Filing No. 3 344065 Jacks Pocket Village Filing No. 5 389773 Saddleback Village No. 1 393852 Burning Rock Subdivision 371427 Mesa Ridge Phase I 395200 32. All Restrictions, Covenants, Conditions and Declarations of the Subdivisions set forth on Schedule A hereof, as follows: SUBDIVISION NAME BOOK/PAGE- REC. NO. Battlement Creek Village Section 1' 586/188 321535 Battlement Creek Village Section 1 596/537 326396 Battlement Creek Village Section 2 and Battlement Creek Village Section 1 747/355 398324 Town Center Filing No. 1 587/731 322311 B-8 Willow Creek Village Section 2 Willow Creek Village Section 2 Willow Creek Village Section 1 Willow Creek Village Section 1 :tanument Creek Village Section 1 Monument Creek Village Section 1 Monument Creek Village Section 1 Monument Creek Village Section 1 Monument Creek Village Section 1 Monument Creek Village Section 2 Monument Creek Village Section 2 Saddleback Village Filing No. 1 Mesa Ridge 33. Organization of the following districts: NAME OF DISTRICT' Battlement Mesa Water and Sanitation Parachute/Battlement Mesa Park & Recreation Battlement. Mesa Metropolitan Saddleback Metropolitan BPDK 769 E539 588/186 747/340 585/532 747/348 578/951 583/456 597/49 597/423 650/819 582/721 597/416 747/292 757/504 322531 398322 321236 398323 318005 320285 326822 326824 352845 319919 326823 398321 403093 RECEPTION NO.' 325891 336199 & 348440 375738 389195 34. All uranium, thorium or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through its authoried agents or repre- sentatives at any time to enter upon the land and prospect for,mine and remove the same, pursuant to the provisions of the Act of August 1, 1946 (60 Stat. 755) as reserved in the Patent recorded June 15, 1954 in Book 277 at page 78 as Reception No. 186136. 35. An undivided one-half interest in and to all of the oil, gas and other minerals and mineral rights as reserved to Hallie Parkhurst in Warranty Deed recorded July 27, 1957 in Hook 302 at page 200 as Reception No. 198564, and Deed recorded September. 14, 1950 'in Book 252 at page 492 as Reception No. 173469 and as vested in Madeline M. Parkhurst by Last Will and Testament of Hallie Parkhurst recorded August 1960 in Book 329 at page 411 as Reception No. 210287, and any all assignments thereof or interests therein. (Said interest and .actually. being an undivided 25%; see below: An undivided 355/710 landowners royalty interest in and to all of the oil, gas and other minerals in and under and that may be pro- duced, together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas and other minerals and storing, handling, transporting and marketing the same therefrom with the right to remove from said land all of the Grantee's property and improvements as conveyed from Hallie Parkhurst, Grantor, to Joe T. Juhan, Grantee in Mineral Deed recorded October 13, 1943 in Book 208 at page 440 as Reception No. 150104. ROTE: At the Effective Date hereof the above cited 355/710 4-1 Landowners Royalty Interest appears to be vested as follows: OWNER - INTEREST VES .DMINENW B-9 BM 769 PAGt54O Rey, Royalty, Inc. 25/710 236977 J. E. Sayre 1/16 - 151735 Dema E. Smith 150/710 210452 George Bakke 80/710 151424 171257 Barbara Jean Hunter, Edward N. Johan and Joe P. Juhan Balance remaining 311850 36.An undivided one-half interest of all the oil and mineral rights as reserved to The Colorado National Bank of Denver as Executor and Trustee under the Last Will and Testament of George H. Curfman in Deed recorded September 26, 1950 in Book 254 at page 143 as Reception No. 173627 37. An undivided one-half interest of all oil and mineral rights as reserved to Elsie D. Curfman, her heirs and assigns in Warranty Deed recorded September 26, 1950 in Book'254 at page 142 -as Reception No. 173626. 33 • Reservation of oi-1, gas and.other minerals in, under or that may be produced from subject property, as reserved to Exxon Corporation, a New Jersey Corporation in Special Warranty Deed recorded April 9, 1981 in Book 569 at page 301 as Reception No. 313722. 39. Reservation of minerals and mineral rights in and under subject property together with the right and privilege of mining and/or removing the same insofar as such can be removed without materially impairing the subsurface or lateral support of said land as reserved by Tosco Corporation, a Nevada Corporation in Special Warranty Deed recorded September 14, 1981 in Book 581 at page 255 as Reception No. 319155. 40. An undivided 4.9% interest in all oil, gas and other minerals as conveyed to Ralph H. Raymond -by Hallie Parkhurstby deed recorded in Book 227 at page 301 as Reception No. 161720. 41. Undivided one-half interest in all. oil,' gas and other minerals as reserved by Fred Werhonig by deed recorded June >7., 1948 in Book 236 at page.184 as Reception No. 164984. 42. Undivided one-half interest in all oil, gas and other minerals as reserved by H. J. Underwood by deed recorded in Book 260 at page 490 as Reception No. 177472. 43 Undivided one-fourth interest in all oil, gas and other minerals as reserved by James H. Smith, Jr. by .,deeds recorded September 3, 1974 in Book 464 at page 176 as Reception No. 264618 and recorded January B-10 B00 769 PAGE541_ 30, 1980 in book 543 at page 103 as Reception No. 301315. 44. Undivided 1/2 interest in all 611, gas and. other minerals as reserved by J. E. Sipprelle.by deed recorded February 17,.1941 in Book 204 at page 297 as Reception No. 151035 45. Undivided one half interest 'in all oil, gas and.other'minerals as reserved by Edward A. Collier in.warranty deed recorded --January 30, 1958 in Book 306 at page 458 as Reception No. 200484. 46. Undivided 50 per cent,of all oil, gas and other minerals as reserved by Clara E. Mahaffey by'document recorded October 28, 1943 in -Book 207.at page 607 as Reception No., 15.0200. 47. Undivided one half interest in all oil, gas..and other minerals as reserved by Fred Gardner and Henrietta Gardner by document recorded July 12,.1957 in Book 301 'at page 210 as Reception No. 198055. 48. Undivided one half interest in all oil, gas and other mineral .rights as reserved by Mary B. Bailey in the deed to Earl C. Moore and Audrey S. Moore recorded July 9, 1947 in Book 227 at page 283 as Reception No. -161612. By the terms of the Will of Mary B. Bailey recorded September.5, 1978 in Book 515 at page 35 as Reception No. 288193, Roy; Jensen was the named devisee of'all mineral rights Of the testatrix. 49. Undivided one fourthinterest in all oil, gas and other mineral rights as conveyed by Rae L. Eaton to Earl C. Moore and Audrey S. Moore in deed recorded June 29, 1955 in Book 285 at page 358 as Reception No.. 190320. 50. All minerals underlying subject property nowowned (Lot 7, Section 7) . a. Exxon Corporation as to an undivided 30.60 per b. Tosco Corporation as to an undivided 20.40 per c. Eva M. Mahaffey and Irene P. Mahaffey as to an per cent interest. as follows: cent interest. cent interest. undivided 49 - NOTE:. By Deed from Forrest C. Mahaffey, executor of the Estate of Clara E. Mahaffey, deceased to Charles E. Haberman, recorded February -14, 1961 in Book 332 at page 318 as Reception No. 212759 the grantee was conveyed an undivided 51 per cent of all minerals underlying subject property. The -51 per cent.of all minerals conveyed to Charles E. Haberman became vested in Exxon.Corparation and Tosco Corporation by deed from Atlantic Richfield Company recorded August 1, 1980 in Book 553 at page 55 as Reception No. 306157. Forrest C. Mahaffey, Executor of the Estate of Clara E. Mahaffey deceased, conveyed an undivided 49 per cent interest in all minerals underlying -subject property to Eva M. Mahaffey and B-11 BOOK 769 eacE542 Irene.P. Mahaffey by deed recorded March 16, 1961 in Book 333 at page 66 as Reception No.,213086. 51. Undivided one half interest in all oil, gas and other minerals .as reserved by Carl Davidson by document recorded June 12, 1957 in Book 301 at page 212 as Reception No. 198056 52. Undivided one half interest in all oil, gas and other mineral rights as reserved by The Federal Land Bank of Wichita, Kansas .in the deed to Clyde M. Morrow and Mary Belle Morrow recorded in Book 213 at page •269 as Reception No. 153033, and any and all assignments thereof, -or interests 'therein. 53. An undivided 1/32 royalty in all the oil, gas and minerals produced from subject property, said royalty to be delivered free from all costs if production as reserved in the deed from Julia V. Morrow and Ruth V. Keithley to John W. Savage recorded November 10, 1961 in Book 3;17 at page 480 as Reception No. 215643. • 54. Undivided one half interest in all oil, gas and other mineral rights as reserved by The Federal Land Bank of Wichita, Wichita, Kansas in the deed to R. 0. Gardner recorded September 9, 1940 in Book 195 at page 583 as Reception No. 140910. - 55. Undivided one fourth interest in alt oil, gas and other, mineral rights.as reserved by Ada M. Alderson in the deed to Rea L. Eaton recorded July 9, 1962, in Book 343 at page 1 as Reception No. 218090. 56. Undivided one fourth interest'in all oil, gas and other mineral rights as reserved by Madolin F. Christensen as administratrix-of the Estate of Ada M. Alderson, deceased in the deed to Battlement Land.Company recorded November 22,-1965 in Book,371'at page 229 as Reception No. 232392.' 57. Undivided one fourth interest in all oil, gas and other minerals as reserved by Carl D. Tucker -and Kathryn M. Tucker by document recorded August 31, 1961 in Book 336 at page 272 as Reception No. 214935. 58. Undivided one fourth interest in all oil, gas and other minerals as conveyed to Wm. Ath Mason and Nata J. Mason by document recorded August 31, 1961 in Book 336 at page 287 as Reception No. 214948. 59: Undivided 1/16 non participating royalty interest as conveyed to Nellie G..Hayward and 21.25% interest as conveyed to Skyline Oil Company by document recorded March 26, 1976 in Book 483 at page 772 as Reception No. 271885. 60. Undivided'21.25 per cent of all oil, gas and other minerals as p+aAerved by Skyline 0i1 Company by document recorded September 23, B-12 MUOK 7769 ' E543 1974 in Book 464 at page 575 as Reception No. 264B48. 61. One half of all minerals and mineral rights in, upon, and under subject property for a period of 25 years from and after June 17, 1943 and so long thereafter as oil, gas and/or other minerals or any of them are produced therefrom or the premises are being developed or operated as reserved by the Federal Farm Mortgage Corp-., in the Deed to Clyde E. Smith and Effie L. Smith recorded October 27, 1949 in Book 245 at page 462 as Reception No. 170120. NOTE: By Quit Claim Deed recorded October 14, 1947 in Book 304 at page 532 as Reception No. 199315, The Federal Farm Mortgage Corpora- tion conveyed this mineral interest to the United States of America to be administered by the Secretary of the Interior. 62. Undivided one-half interest in all oil, gas and other minerals as reserved by Della Hittle by document recorded December 11, 1956 in Book 246 it page 471 as Reception No. 196116. 63- Oil and Gas Lease between Madeline M. Parkhurst Miles, formerly known as Madeline M. Parkhurst and as Madeline Parkhurst, and Ralph W. Ball recorded june 7, 1979 in Book 529 at page 528 as Reception No. 294753 and assigned by Document 'Nos. 378234 and 379354. Affidavit of Pro- duction recorded as Reception No. 346460. 64. Oil and Gas Lease between Cathryn B. Ross and Troy G. Ross and North- west Exploration Company recorded January 29, 1981 in Book 564 at page 450 as Reception No. 311481 and amended by document recorded May 1, 1981 in Book 570 at page 626 as Reception No. 314396 and assigned by Document .Nos. 356227, 384615 and 387845. 65. Oil and Gas Lease between William E. Bakker and Julia A. Bakker and Northwest Exploration Company recorded January 29, 1981 in Book 564 at page 453 as Reception No. 311482 and amended by document recorded May 1, 1981 in Book 570 at page 634 as Reception No.. 314398, corrected by Document No, 36470S and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. 66. Oil and Gas Lease between James H. Smith, Jr. and Northwest Explora- tion Company recorded February 5, 1981 in Book 564 at page 885 as Reception No. 311701 and assigned by Document Nos. 354331, 356227, 376610,378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 67. Oil and Gas Lease between Pearl G. Sayre and Northwest Exploration Company recorded February 17, 1981 in Book 565 at page 547 as Reception No. 312009 and assigned by Document Nos. 354331, 356227, 376610, 384615, and 387845. Affidavit of Production recorded as Reception No. 346460. B-13 BOOK 769 1,4E544 68. Oi1 and Gas Lease between Barbara Jean Juhan Hunter aka Barbara Jean Hunter and Northwest Exploration Company recorded March 26,-1981 in Book 568 at page 192 as Reception No. 313204 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615, and 387845. Affi- davit of Production recorded as keception.No. 346460. 69. Oil and Gas Lease between Joseph Paul Juhan aka Joe P. Juhan and Northwest Exploration Company recorded March. 26, 1981 in Book 568 at page 195 as Reception No. 313205 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 70. Oil and Gas Lease between Edward Nelson Juhan aka Edward N. Juhan and Northwest Exploration Company recorded March 26, 1981 in Book 568,page 198, Reception No.313206 and assigned by Document Nos.354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 71. Oi1'and Gas Lease between'Miki S. Gardner and Northwest Exploration Company recorded February 1, 1982 in Book 591 at page 987 as Reception Mo. 324280 and assigned by Document Nos. 354331,356227, 378234,376610, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 72. Oil and Gas Lease between Charles M. Sayre and Northwest Explortion Company recorded February 1, 1982 in Book 591 at page 990 as Reception No. 324281 and assigned by Document Nos. 354331, 356227,378234,376610, 379354,. 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 73. Oil and Gas Lease between -Vicki Sayre and Northwest Exploration Company recorded February 1, 1982 in Book 591 at page 993 as Reception No. 324282 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 74. oil and Gas Lease between Jenifer Sayre Hartman and Northwest Exploration Company recorded February 24, 1982in Book 593 at page 441 as Reception No. 325017 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 75". 0i1 and.Gas Lease between Roy Royalty, Inc.and Northwest Exploration Company recorded March 8, 1982, Book 594, page 149 as Rec.No. 3253.84 and assigned by Document Nos.354331,356227, 376610, 378234,379354, 384615, and 387845. Affidavit .of Production recorded, Rec.No.346460. 76. Oil and Gas Lease between Sarah E. Farris formerly known as Sarah :B-14 Buov, 769 PAGE 545 Werhoni and James M. Farris and Northwest Exploration Company recordeJNovember 3, 1980 in Book 559 at page 212 as Reception No. 309039 and assigned by Document Nos. 354331, 356227, 379354, 378234, 376610, 384615 and 387845. Affidavit of Production recorded. as Reception No. 346460. 77. Oil and Gas Lease between Beatrice L. Underwood and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 146 as Reception No. 320141 and corrected by Document No. 353852 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 78. Oil and Gas Lease between Nellie L. Hefty and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 148 as Reception No. 320142 and corrected by Document No. 353853' and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 79. Oil and Gas lease between Loretta L. Briteman and Leonard Briteman and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 150 as Reception No. 320143 and corrected by Document No. 353854 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. $0- Oil and Gas Lease between Myrtle L. Chaffee and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 152 as Reception No. 320144 and corrected by Document 353855, assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 81. Oil and Gas Lease between Ida L. Clark and Floyd L. Clark anct North-- west Exploration Company recorded October 13, 1981 in Book 583 at page 154 as Reception No. 320145 and corected by Document No. 353856, assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 82. Oil and Gas Lease between William E. Bakke and Julia A. Bakke and Northwest Exploration Company recorded November 3,1980 in Book 559 at at page 192 as Reception No.309031 and assigned by Document Nos.354331 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 83. Oil and Gas Lease between Dema E. Smith and Northwest Exploration Company recorded November 3, 1980 in Book 559 at page 195 as Reception No.309032 and assigned by Document Nos.354331,356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. B-15 BOOS( 769 p t . 4G 84. Oil and Gae Lease between Kathryn B. Ross and Troy G. Ross and Northwest Exploration Company recorded November 24, 1980 in Book 560 at page 701 as Reception No. 309718 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 85. Oil and Gas Lease between Gerald M. Quiat, Marshall Quiat and Carole 0.. Leight, co --personal representtives of.the Estate of Esther G. Quiat, deceased and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 76 as reception No. 319060 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354 and 387845. Affidavit of Production recorded as Reception No. 346460. 86. Oil and Gas Lease between Gerald M. Quint and Roberta N. Quist and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 78 as Reception No. 319061 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 87. Oil and Gas Lease between Ralph Williams and W. Lee Williams and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 80 as Reception No. 319062 and assigned by Document.Noe. 354331,356227, 376610, 378234, 379354, 384615, 387845. Affidavit of Production recorded as Reception No. 346460. 88. Oil and Gas Lease between E. James Judd and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 82 as Reception No. 319063 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 89. Oil and Gas Lease between E. Lee Garlett and Rosealice Garlett and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 84 as Reception No. 319064 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 90. Oil and Gas Lease between Sheldon Steinhauser and Northwest Explora- tion Company recorded September 11., 1981 in Book 581 at page 86 as Reception No. 319065 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 91. Oil and Gas Lease between Alan H. Bucholtz and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 88 as Reception No. 319066 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. B-16 Boor( 769 PaGE5 7 92. Oil and Gae Lease between James F. Reynolds and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 90 as Reception No. 319067 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 93. Oil and Gas Lease between Myer Freidman and Loraine R. Friedman and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 92 as Reception No. 319068 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 94. Oil and Gas Lease between Gerald. M. Friedman and JoAnne Friedman and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 94 as Reception No. 319069 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 95. Oil and Gas Lease between D. K. Garlet and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 96 as Reception No. 319070 and assigned. by Document Nos. 356227, 376610, 378234, 379354, 384615 and"387845, Affidavit of Production recorded as Reception No. 346460. 96. Oil and Gas Lease between McLeed Hittson and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 98 as Reception No. 319071 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 97. Oil and Gas Lease between L. W. Searle and Violet M. Searle and Northwest Exploration Company recorded November 5, 1981 in Book 585 at page 160 as Reception, No. 321081 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 98. 0i1 and Gas Lease between Jack D. Stockton and Emma F. Stockton and Northwest Exploration Company recorded November 16, 1981 in Bok 586 at page 142 as Reception No. 321508 and assigned by Document Nos 356227, 376610, 378234, 379354, 384615 and 387845.' Affidavit of Production recorded as Reception No. 346460. 99. Oil and Gas Lease between H. I. Waldbaum & Sons Investment Company, a Partnership and Northwest Exploration Company recorded December 28, 1981 in Boo; 589 at page 356 as Reception No. 323028 and assigned by Document Nos. 356227, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. B-17 BUOK .769 Pd3E548 100. Oil and Gas Lease between First National Bank of Denver, Co -Trustee with David W. Garlett and Gerald M. Quiet under the 4111 of Evelyn Q. Garlett and Northwest Exploration Company recorded February 24, 1982 in Book 593 at page 461 as Reception No. 325029 and assigned by Document Nos. 356227, 378234, 379354, 384615_ and 387845. Affidavit of Production recorded as Reception No. 346460. 101. Oil and Gas Lease between Craig L. Hayward and Cristy A. Koeneke aka Cristy Ann Hayward Koeneke as joint tenants and Northwest Exploration Company recorded Februry 5, 1981 in Book 564 at page 904 as Reception No. 311709 and assigned by Document Nos. 356227, 378234, 379354, 3766.10,384615 and 387845. Affidavit' of Production recorded as Reception No. 346460. 102.. Oil and Gas Lease between: -Vera Lehow and • Northwest Exploration Company recorded February 5, 1981 in Book 564 at pae 911 as Reception No. 311711.and assigned by Document Nos. 356227,•376610, 378234, 379354, 384615,and 387845. Affidavit of'Production recorded .as Reception No. 346460. . 103. Oil and Gas Lease between Vera Lehow and Northwest Exploration Company recorded February 5, 1981 in Book 564 at page 913 as Reception No. 311712 and assigned by Document Nos. 356227, 376610, 378234 and 379354. Affidavit of Production recorded as Reception No. 346460. 104.Oi1 and Gas Lease between Estate of Nellie G. Hayward, Hester Bertroch, Personal Representative and Northwest Exploration Company recorded May 1, 1981 in Book 570 at page 608 as Reception No. 314390 and assigned by Document Nos. 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 105.011 and Gas Lease between Ralph H. Raymond and Jean F. Raymond and Northwest Exploration Company recorded June 5, 1981 in Book 573 at page 537 as Reception No. 315527 and assigned by Document Nos. 354331, 356227, 377610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 106.Oi1 and Gas Lease between The First Church of Christ, Scientist in Boston, Massachusetts, a Massachusetts corporation and Northwest Exploration Company recorded November 2, 1981 in Book 584 at page 766 as Reception No. 320910 and assigned by Document Nos. 378234 and •37.9354. Affidavit of Production recorded as Reception No. 346460. 107.Oi1 and Gas Lease between Margaret Dunn, Attorney in Fact for Evelyn Davidson and Northwest Exploration Company recorded January 29, 1981 in Book 564 at page 485 as Reception No. 311495 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. B-18 Ko!( 769 PM3E549 108.011 and Gas Lease between Helen L. Collier and Barrett Energy Company recorded April 22, 1985 in Book 667 at page 442 as Reception No. 361119 and assigned by Document NO3. 366668, 376609, 384615, and 387845. 109.011 and Gas Lease between Martha Curfman Stojanovich and John Stojanovich and Barrett Energy Company recorded July 14, 1985 in Book 672 at page'822 as Reception No. 363612 and assigned by Document Nos. 370378, 384615 and 387845. 110.011 and Gas Lease between George H. Curfman, Jr. and Hope Griswold Curfman and. Barrett Energy Company recorded July 24, 1985 in Book 672 at page 825 as Reception No. 363613, re-recorded July 24 in Book 674 at page 977 as Reception No. 364708 and assigned by Document Nos. 370384, 384615 and 387845. 111. 011 and Gas Lease between E. Louise Curfman aka Elsie Louise Curfman and Barrett Energy Company recorded July 24, 1985 in Book 672 at page 828 as Reception No. 363614 and assigned by Document Nos. 366706, 376609, 384615 and 387845. 112. Oil and Gas Lease from Jane Curfman Gwyn and James Gwyn and Barrett AAgrgy Company recorded September 9, 1985 in Book 675 at page 135 as Reception No. 364779 and assigned by Document Nos. 370376, 384615 and 387845. 113. Oil and Gas Lease between Renee Christensen and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 143 as Reception No. 364782 and assigned by Document Nos. 370623, 384615 and 387845. 114. Oil and Gas Lease between Nedra C. Gaskill and Franklin P. Gaskill and Barrett Energy Company recorded September 9,-1985 in Book 675 at page 145 as Reception No. 364783 and assigned -by Document Nos. 366708, 384615 and 387845. 115. Oil and Gas Lease between Eugene a. Fairfax and Juliana D. Fairfax and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 147 as Reception No. 364784 and assigned by Document Nos. 370620,• 384615 and 367845. 116. Oil and Gas Lease between Gary F. Christensen and Nancy A. Christensen and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 149 as Reception No. 364785 and assigned by Document Nos. 370622, 384615 and 387845. 117. Oil and Gas Lease between Earl C. Moore and Audrey S. Moere and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 157 as Reception No. 364788 assigned by Document No. 366707 which was re-recorded as Document No. 372212 assigned by Document Nos. 384615 and 387845. B-19 aro 769 edcE55O 118. Oil and. Gas Lease between Irene P. Mahaffey and Garris E. Mahaffey and Barrett Energy Company recorded September 13, 1985 in Book 675 at page 489 as Reception No. 364956 and assigned by Document Nos. 370358, 384615 and 367845. 119. Oil and Gas Lease between Eva M. Mahaffey and Forrest C. Mahaffey artd Barrett Energy Company recorded September 19, 1985 in Book 675 at page 674 as Reception No. 365062 and assigned by Document Nos. 370359, 384615 and 387845. 120. Oil and Gas Lease between Della Hittle Vanbeber and Barrett Energy Company recorded October 1, 1985 in Hook 676 at page 475 as Reception No. 365384 and assigned by Document Nos. 366709, 384615, and 387845. 121. Oil and Gas Lease between Lois Meyer and Barrett Energy Company recorded November 29, 1985 in Book 679 at page 670 as Reception.No. 366958 and assigned by Document Nos, 376609, 384615 and 387845. 122. Oil and Gas Lease between Carl D. Tucker and Kathryn M. Tucker and Barrett Energy Company recorded August 7, 1989 in Book 760 at page 251 as Reception No. 404295. 123..011 and Gas Lease between Nate. J. Franklin formerly Nata J. Mason recorded August 7, 1989 in Book 760 at page 253.as Reception No. 404296. 124. Oil and Gas Lease between Farm Credit Bank of Wichita, Wichita, Kansas and Barrett Energy Company recorded September 14, 1989 in Book.762 at page 981 as Reception No. 405597. 125.. Oil and Gas Lease between The Federal Land Bank of Wichita, Wichita, Kansas and Barrett Energy Company recorded August 12, 1987 in Book 718 at page 847 as Reception No. 384900 and assigned by Document No. 388162. 126. All oil, gas, minerals, and mineral rights of Garris E. Mahaffey as conveyed to Barbara J. Hoffman et al by document recorded February 28, 1986 in Book 684 at page 480 as Reception No. 369166. (Also attached Document No. 364959) 127. Undivided 40 per cent interest of minerals as conveyed to Exxon Corporation by Tosco Corporation in document recorded June 22, 1982 in Book 601 at page 658 as Reception No. 328724. 128. All of the oil, gas and mineral interests of Diane H. Smith, deceased as conveyed to Saul Braverman et al by document recorded June 16, 1988 in Book 736 at page 143 as Document No. 392965. 129. Any loss or damage sustained as a result of claims arising from strip of land quit claimed by Marie Zediker to Krew Investors by document recorded May 5, 1981 in Book 570 at page 851 as Reception No. 314503. B-20 BOOK 769 PAGE551_. 130. Oil and Gas Lease between Roy Royalty, Inc.. and Northweet.Exploration recorded December 22, 1980'in Book 562 at page 448 as Reception No. 310542. 131. Terms and conditions of Annexation Agreements recorded April 19, 1982 in Book 597 at page 406 as Reception No. 326821, recorded April 26, 1982 in Book 598 at page 4 as Reception No. 327074 and recorded May 3,-1962 in Book 598 at page 557 as Reception No. 327384. 132. Terms and conditions of Subdivision Improvement Agreement of Battlement Creek Village, Section II recorded April 13, 1982 in Book 597 at page 130.as Reception No.. 326685. 133. Oil and Gas Lease between Beulah V. Kosub and Barrett Energy Company recorded June 1, 1987 in Book 713 at page 93 as Reception No. 382378 and.assigned by Document No. 387376. 134. Oil and Gas Lease between William'I. Parkhurst Barrett Eriergy Company recorded July 8, 1987'in Book 7.15 -at page 872 as Reception No. 383574 and assigned by Document No. 387377. 135. Oil and Gas Lease between Harold Parkhurst, Jr. and Barrett Energy Company recorded July 8, 1987 in Book 715 at page 875 as Reception No. 383575. 136.0il and Gas Lease between John Parkhurst and Barrett Energy Company .recorded July 8, 1987 in Book 715 at page 878 as Reception No. 383576 and assigned by Document No.. 387378. 137. Terms and conditions of the unrecorded Lease -Purchase Agreement dated April 30, 1981 between. Battlement Mes, Inc. (Les-sor) and Tosco Corportion (Owners) and Garfield County School District 16.. (Lessee). 13B. Undivided one-half interest in all oil, gas and other hydrocarbons. and minerals as reserved by Clara E. Mahaffey in the Deed to Orville V. Mahaffey recorded August 17, 1946 in Book 219 at pge 551 as Reception No. 158254, and any and all assignments thereof or interests therein. 139. Oil and Gas Lease between the United States of America (Federal Lease #01524) ' and Joe T. Juhan recorded April 21, � 1 ` i..Book 2 83 at page 345 as Reception No. 189331')ana"assth n���. bYDoqumenNo. 358693. Affidavit of Production recorded.L .,3O e, pepiion0ipr.'; 346460. 140 . Any and all rights of -tenants involved in - rented: or ` leased 'units which are not shown of public record . B-21 1111 '1.117MP41(141,140 ,44MIARIK1i ' IN 11 II I Receptdon#: 7461298 12/31/2007 12:01:32 PM Jan Rlberioa 1 ar 7 Roc Fee:S36,00 Dac Fes:G.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 3i S4' day of December, 2007, between BATTLEMENT MESA PARTNERS LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81635, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcel. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE ANSI TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against alt and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD BATTLEM a Colorado li By AK - Name; Eri ��-ea Title: Authorized Agent PARTNERS LLC ty company The foregoing instrument was acknowledged before me this del- day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Partners LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: rA k QOQ 1 Notary Public SALLY GE(B VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Cottrtn sok EAi 4ml 011104,70t19 i 1111 WA WWII Alrhil it l l 0■Y41111% IN 11 111 Reception#: 740228 1213112067 12-61:32 PM Jean ALberica 2 of 7 Rec Foo:$36.00 Doc Fea:6.06 GARFIELD COUNTY CO EXHIBIT A 1. A Pared of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North Battlement Parkway as recorded under Reception Numbers 398268, whence the Northeast Corner of said Section 8 bears N64°11 '55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58'IO"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Comer of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Southerly Right of Way the following three (3) courses: N77°24'14"W a distance of 104.74 feet; thence 354.34 feet along the arc of a curve to the left, having a radius of 1859.86 feet, a central angle of 10°54'57" and subtending a chord bearing of N82°51'42"W a distance of 353.80 feet; thence N88° 19'11 "W a distance of 1641.56 feet to the Northeast comer of Lot 4, Block 2 Burning Rock Subdivision as recorded under Reception No. 371427; thence along the Easterly boundary line of said Lot the following two (2) courses: S00°24'07"W a distance of 614.28 feet; thence S52°46'13"E a distance of 113.3 feet to a point on the Northerly line of a 20 foot Utility Easement No. 34 as recorded under Reception No. 362181, also being the Easterly Boundary line of Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following four (4) courses: S34°36'19"W a distance of 70.30 feet; thence 507°41'561'E a distance of 41.22 feet; thence 533°37'46"E a distance of 327.58 feet thence 503°37'02"E a distance of 348.69 feet; thence N85°30'26"E a distance of 574.39 feet; thence 564°41'02"E a distance of 104.01 feet; thence S44°44'08"E a distance of 201.49 feet; thence S47°29'41 "E a distance of 57.83 feet; thence N86°33'48"E a distance of 63.76 feet; thence N6299'52"E a distance of 216.09 feet; thence N84°35'43"E a distance of 51.70 feet; thence S59°24'28"E a distance of 33.67 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the are of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 57.68 acres more or less. Said Parcel is subject to easements and encumbrances of record 2. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Comer of said Section 8 bears N51°02'39"E a distance of 4204.64 feet, with all bearings being relative to a bearing of NOO°58' l0"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N59°24'28"W a distance of 33.67 feet; thence S84°35'43"W a distance of 51.70 feet; thence 562°39'52"W a distance of 216.09 feet; thence S86°33'48"W a distance of 63.76 feet; thence N47°29'41 "W a distance of 57.83 feet; thence N44°44'08"W a distance of 201.49 feet; thence N64°41'02"W a distance of 104.01 feet; thence S85°30'26"W a distance of 574.39 feet to a point on the Easterly Boundary line of Block 2, Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following six (6) courses S45°48'25"W a distance of 298.35 feet; thence 536°45'12"W a distance of 68.78 feet; thence S19°32'24"W a distance of 317.57 feet; thence 518°04'52"W a distance of 162.89 feet; thence 524°12'31'W a distance of 23.36 feet; thence S53°0I'14' E a distance of 75.63 feet; thence S16°44'10"W a distance of 733.77 feet; thence S73°15'50"E a distance of 736.08 feet; thence S70°42'38"E a distance of 60.44 feet; thence S84°07'30"E a distance of 64.54 feet; thence S69°57'06"E a distance of 63.31 feet; thence S62°23'49"E a 2 1III1#1,I11V 3W1,1411.1%11J 1VINIII.I4h'.I11411111 ' Receptiontt• 748298 12131(2007 12:01:32 PM Jean Albert= 3 of 7 Ree Fee,$36.00 Doo Frr:0.00 GARFIELD COUNTY CO distance of 69.25 feet; thence S52°57'45"E a distance of 120.64 feet thence S63°09'20"E a distance of 83.59 feet; thence 573°00'34"E a distance of 59.43 feet to a point on said Westerly Right of Way line for Spencer Parkway; thence along said Westerly Right of Way line N30°59'00"E a distance of 150.82 feet; thence leaving said Westerly Right of Way 570°49'20"E a distance of 819.47 feet to the Westerly Boundary line of a Parcel of land described in Special Warranty Deed recorded under Reception No. 727519; thence along said Westerly Boundary line the following three (3) courses: 105.26 feet along the arc of non -tangent curve to the left, having a radius of 1460.00 feet, a central angle of 04°07'50" and subtending a chord bearing of N26°30'2I "E a distance of 105.23 feet; thence N24°2626"E a distance of 486.76 feet; thence 121.62 feet along the arc of a curve to the left, having a radius of 460.00 feet, a central angle 15°08'53" and subtending a chord bearing of N16°51'59"W a distance of 121.26 feet; thence continuing 74.60 feet along an arc to the left, having a radius of 460.00 feet, a central angle of 09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast Corner of a Parcel of land described under Reception No. 502529; thence along the Southerly Boundary line of said Parcel the following three (3) courses: N56°45'01"W a distance of 317.60 feet; thence N74°24'26"W a distance of 223.22 feet; thence N50°57'I0"W a distance of 171.76 feet to the Easterly Right of Way of said Spencer Parkway; thence along said Easterly Right of way 396.39 feet along the arc of a non -tangent curve to the right, having a radius of 950.00 feet, a central angel of 23°54'25" and subtending a chord bearing of N17°54'03"E a distance of 393.52 feet; thence leaving said Easterly Right of Way N35°39'18"W a distance of 108.82 feet to the point of beginning. Said Parcel contains 76.26 acres more or less and is subject to easements and encumbrances of record_ 3. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Sections 7, 8, 18 & 17 Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Corner of said Section 8 bears N40°50'16"E a distance of 5894.33 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N73°00'34"W a distance of 59.43 feet; thence N63°09'20"W a distance of 83.59 feet; thence N52°57'45"W a distance of 120.64 feet; thence N62°23'49"W a distance of 69.25 feet; thence N69°57'06"W a distance of 63.31 feet; thence N84°07'30"W a distance of 64.54 feet; thence N70°42'38"W a distance of 60.44 feet; thence N73°15'50"W a distance of 736.08 feet to a point on the Easterly boundary line of l3uming Rock Subdivision as recorded May 28, 1986 under Reception No. 371427; thence along said Easterly boundary line the following three (3) courses: 516°44'10"W a distance of 759.48 feet; thence S65°00'15"W a distance of 1143.06 feet; thence S01°42'35"W a distance of 335.15 feet to a point on the Northerly boundary line of Willow Creek Village, Section 2 as recorded December 8, 1981 as Reception No. 322310; thence along said Northerly boundary line the following five (5) courses: S29°17'15"E a distance of 310.72 feet; thence 581°11'11"E a distance of 580.86 feet; thence S58°05'59"E a distance of 1I5.43 feet; thence N82°36'07"E a distance of 108.66 feet; thence S01 °05'52"W a distance of 159.34 feet to the Northwest corner of a a Parcel of land described under Reception No. 316688; thence along the boundary line of said Parcel for following two (2) courses; 588°54'08"E a distance of 208.92; thence S01°05'52"W a distance of 220.21 feet to a point on the Northerly right of way line of South Battlement Parkway as recorded under Reception No. 398297; thence along said Northerly Right of Way line the following four (4) courses: 132.67 feet along the arc of a curve to the right, having a radius of 622.96 feet, a central angle of 12°12'09" and subtending a chord bearing of S70°23'20"E a distance of 132.42 feet; thence S64°17'16"E a distance of 231.81 feet; thence 264.69 feet along the are of a curve to the left, having a radius of 522.96 feet, a central angle of 29°00'00" and subtending a chord bearing of S78°47'16"E a distance of 261.88 feet; thence N86°42'44"E a distance of 103.85 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following two (2) courses: 27.09 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 77°36'18" and subtending a chord bearing of N47°54'35"E a distance of 25.07 feet; thence N09°06'26"E a distance of 386.00 feet to a point on the boundary line of First Eagles Point as recorded September 22, 2004 under Reception No. 3 Ill "r. iliValiitiitailU irrriMMI alH'i 11111 Recept.ion#: 740298 12/31/2007 12:0132 PM Jean Alberloo 4 or 7 Rec Fee.S36.00 Doc Fee:0.00 GARFIELD COUNTY CO 660191; thence along said boundary line of First Eagles Point the following Seventeen (17) courses: N54°07'28"W a distance of 314.02 feet thence N55°41'19"W a distance of 265.45 feet; thence N78°39'50"W a distance of 296.32 feet; thence N81°45'01"W a distance of 297.02 feet; thence N81°57'04"W a distance of 145.63 feet; thence N75°45'00" W a distance of 370.19 feet; thence N22°01'45"W a distance of 154.99 feet; thence N06°18'36"W a distance of 114.85 feet; thence N54°39'55"E a distance of 55,12; thence N59°01'20"E a distance of 77.70 feet; thence N72°50'04"E a distance of 193.51 feet; thence S77°45'09"E a distance of 177.92 feet; thence S73°14'55"E a distance of 425.47 feet; thence N54°40'52"E a distance, of 470.22 feet; thence S84°56'46"E a distance of 248.40 feet; thence 565°52'14"E a distance of 148.32 feet; thence 526°51'31"E a distance of 82.97 feet to a point along said Spencer Parkway Westerly Right of Way the following two (2) courses: 105.35 feet along the arc of a non -tangent curve to the right, having a radius of 650.00 feet, a central angle of 09°17'12" and subtending a chord bearing of N26°20'24"E a distance of 105.24 feet; thence N30°59'00"E a distance of 846.41 feet to the point of beginning. Said Parcel contains 52.80 acres more or Tess. Said Parcel is subject to easements and encumbrances of record. 4. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line of the East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8 bears N22°4228"E a distance of 3772.70 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Westerly Right of Way line the following two (2) courses: 501°41'08"W a distance of 407.27 feet; thence 500°59'21"W a distance of 865.52 feet to the Northeast Comer of a parcel of land described in the Special Warranty Deed recorded under Reception No. 727519; thence along the Northerly boundary of said School Parcel the following seven (7) courses: N76°0719"W a distance of 854.61 feet; thence N08°46'47"E a distance of 418.88 feet; thence N82°55`19"W a distance of 44.28 feet; thence N63°58'43"W a distance of 279.40 feet; thence N57°48'47"W a distance of 115.39 feet; thence S74°08'54"W a distance of 55.18 feet; thence N61 ° 13'35"W a distance of 27.90 feet; thence 74.60 feet along the arc of a non -tangent curve to the left, having a radius of 460,00 feet, a central angle of 09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast comer of a parcel of land described at Reception No. 502529; thence along the Easterly boundary of said parcel N00°00'00"W a distance of 442.32 feet; thence leaving said Easterly boundary N52°24'27"E a distance of 88.42 feet; thence 564°18'03"E a distance of 428.17 feet; thence 583°43'30"E a distance of 172.14 feet; thence S54°03'08"E a distance of 109.24 feet; thence 571°06'37"E a distance of 73.94 feet; thence S67°01'27"E a distance of 419.92 feet; thence S49°57'25"E a distance of 110.81 feet to the point of beginning. Said Parcel contains 35.67 acres more or less. Said Parcel is subject to easements and encumbrances of record. 5. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North & East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Comer of said Section 8 bears N64°11'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58' 10"E a distance of 2605,18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said Southerly & Westerly Right of Way line the following three (3) courses: S77°24'11"E a distance of 343.47 feet; thence 1512.78 feet along the arc of a curve to the right, having a radius of 1095.92 feet; a central angle of 79°05'22" and subtending a chord bearing of S37°51'33"E a distance of 1395.50 feet; thence S01°41'08"W a distance of 1038.62 feet; thence N49°57'25"W a distance of 110.8E feet; thence N67°01'27"W a distance of 419.92 feet; thence N71°06'37"W a distance of 73.94 feet; thence 4 NMInFIT VANili tiall,Wrilill Al,��h', 0296 12/31/2 X 00712:0J32 PM Jean Alberiao 5 of 7 Reo Fee:$36.00 Coo Fee:0.00 GARFIELD COUNTY Co N54903'08"W a distance of 109.24 feet; thence N83°43'30"W a distance of 172.14 feet; thence N64°18'03"W a distance of 428.17 feet; thence S52°24'27"W a distance of 88.42 feet to the Northeast comer of a Parcel of land described at Reception No. 502529; thence along the Northerly boundary line of said Parcel the following two (2) courses: N49°20'08"W a distance of 359.28 feet; thence N79°37'28"W a distance of 224,18 feet to a point on the Easterly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence N35°39'18"W a distance of 108.82 feet to a point on the Westerly Right of Way line of said Spencer Parkway; thence along said Westerly Right of way the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right, having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N 12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 56.17 acres more or less. Said Parcels are subject to easements and encumbrances of record. 6. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a paint along the Easterly Right of Way line of the East Battlement Parkway as recorded under Reception No. 398268, whence the Northeast Corner of said Section 8 bears N29°49'10"E a distance of 2672.29 feet, with all bearings being relative to a bearing of NOO°58' 10"E a distance of 2605.18 as found between a found 2 314" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said Easterly Right of Way line the following two (2) courses: 126.66 feet along the arc of a curve to the right, having a radius of 1195.92 feet, a central angle of 06°04'05" and subtending a chord bearing of SO4°20'54"E a distance of 126.60 feet; thence S01°41'08"W a distance of 1445.16 feet to a point on the boundary line of said unplatted lands of Battlement Mesa PUD; thence along said boundary line S88°43'14"E a distance of 993.55 feet; to the Southwest Corner of Lot 1, Block 1, The Highlands Filing 1 according to the Final Plat thereof recorded under Reception No. 344062; thence along the boundary of said Lot 1 the following six (6) courses: NO1016'46"E a distance of 325.00 feet; thence N16026'22"E a distance of 62.35 feet; thence N48°16'46"E a distance of 58.00 feet; thence S88°43'14"E a distance of 180.00 feet; thence S01°16'46"W a distance of 60.00 feet; thence S35°04'04"E a distance of 97.85 feet to the East Boundary Cine of said Section 8; thence along said East Boundary line N01 °33'31"E a distance of 1028.10 feet to the East 1/4 Corner of said Section 8; thence continuing along the East Boundary line of said Section 8 N00°58'10"E a distance of 96.88 feet; thence N81°37'17"W a distance of 1300.28 feet to the point of beginning. Said Parcel contains 41.35 acres more or less. Said Parcel is subject to easements and encumbrances of record. 7. Tract 3, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 8. Tract 4, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 9. Tract 5, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 10. Tract 6, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 69197 11. A parcel of land situated entirely within a tract of land described at Reception No. 408506, also being entirely with the Battlement Mesa P.U.D., County of Garfield, State of Colorado, Sections 7 and 18, 5 111111111%MM Ai 11ri1ria1itik WIN 11111 Reception#: 740248 12!31!2007 12:01:32 P11 Joan Albaricc 6 of 7 Rao Fee:$36.00 loc Fel:0.00 GARFIELD COUNTY CO Township 7 South, Range 95 West of the 611' Principal Meridian, being more particularly described as follows; Beginning at the northwest corner of The Fairways, Phase I, recorded as Reception No. 530565 also being on the east right-of-way line of Battlement Parkway West; thence along the easterly right-of-way of said Battlement Parkway West of the following three (3) courses: 471.88 feet along the arc of a curve to the right, having a radius of 950.00 feet, a central angle of 28°27'35", and subtending a chord bearing N 61°01'12" E a distance of 467.04 feet; thence N 75°15'00" E a distance of 340.50 feel; thence 429.83 feet along the arc of a curve to the left, having a radius of 550.00 feet, a central angle of 44°46'40", and subtending a chord bearing N 52°51'40" E a distance of 418.98 feet to an angle point along the westerly line of Lot 1, Block 2, Burning Rock Subdivision recorded as Reception No. 371427 of the records of the Clerk and Recorder of said Garfield County; thence the following four (4) courses along the westerly boundary of said Lot 1; S 51°00'00" E a distance of 186.70 feet; thence S 00°00'00" E a distance of 310.00 feet; thence S 55°29'30" W a distance of 754.25 feet; thence S 30°40'00" W a distance of 605.59 feet to the north lute of Willow Creek Village, Section No. 2, recorded as Reception No. 322310 of said Garfield County records; thence N 5739'08" W a distance of 277.40 feet along the north line of said Willow Creek Village, Section No. 2 to the southeast corner of said The Fairways, Phase 1; thence along the easterly and northerly boundary of said The Fairways, Phase 1 the following thirteen (13) courses: N 00°31'24" W a distance of 20.64 feet; thence N 12°20'41" E a distance of 44.00 feet; thence 23.36 feet along the arc of a non tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°12'39", and subtending a chord bearing N 33°03'00" W a distance of 21.07 feet; thence 33.36 feet along the arc of a compound curve to the right, having a radius of 100.00 feet, a central angle of 19°06'41", and subtending a chord bearing N 2l006'40" E a distance of 33.20 feet; thence N 30°40'90" E a distance of 235.19 feet; thence 50.32 feet along the arc of a curve to the right, having a radius of 200.00 feet, a central angle of 14°25'00", and subtending a chord bearing N 37°52'30" E a distance of 50.19 feet; thence 23.54 feet along the arc of a curve to the right, having a radius of 15.00 feet, a central angle of 89°53'50", and subtending a chord bearing S 89°58'05" E a distance of 21.19 feet; thence N 44°58'50" E a distance of 44.00 feet; thence N 45°01'10" W a distance of 145.40 feet; thence 23.54 feet along the arc of a compound curve to the right having a radius of 15.00 feet, a central angle of 89°54'04", and subtending a chord bearing N 00°04'08" W a distance of 21.19 feet; thence N 34°52'57" W a distance of 44.66 feet; thence 23.40 feet along the arc of a non -tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°22'04", and subtending a chord bearing N 89°42' 12" W a distance of 21.10 feet; thence N 45°01'10" W a distance of 163.18 feet to the point of beginning. 12. Being a 36.77 acre parcel of land situated in the East half of Section 13, Township 7 South, Range 96 West of the 6th P.M., County of Garfield, Colorado, and being more particularly described as follows! Commencing at a point of reference for the southeast corner of said Section I3, and considering the line between the southwest quarter of Section 18 and the southeast quarter of Section 13 to bear North 01°05'12" East with all bearings contained herein relative thereto; thence North 41°18'27" West 1906.04 feet to the point of beginning; thence South 75°25'51" West 1807.59 feet to a point on the boundary of the Battlement Mesa P.U.D. (Reception No. 333476); thence along the P.U.D. boundary the following seven (7) courses and distances: 1. North 30°21'25" East 80.00 feet, 2. North 35°25'25" East 644.58 feet, 3. North 29°17'25" East 829.38 feet, 4. North 40°24'25" East 99.86 feet, 5. North 36°27'25" East 150.05 feet, 6. North 34°54'25" East 163.27 feet, 7. North 31°12'21" East 266.75 feet, Thence departing said P.U.D. boundary and along the following two (2) courses and distances: 1. South 43°12'52" East 843.18 feet, 2. South 02°21'22" W. 807.89 feet to the point of beginning. 13. A tract in the S1/2 of Section 13, Township 7 South, Range 96 West of the 6'h P.M. more particularly described as follows: 6 A�ll�ilM"h�flH1HReceptj0 s 7402943 7 of 12I3112007 12;0};32 If dean Alberico 7 Rec Fee438.00 Doc Fee:0.00 GARFIELD COUNTY CO Beginning at the southeast corner of Section 13, thence North 55°225'29" West 1180.60 feet to the point of beginning; thence South 59°29'16" West 1225.50 feet; thence North 88052'30" West 202.82 feet; thence North 00°00' East 461.13 feet; thence North 81°10' West 955.94 feet; thence North 26°28'25" East 232.98 feet; thence North 30°21'25" East 126.15 feet; thence North 75°25'51" East 1807.59 feet; thence South 20'35'01" East 813.75 feet to the point of beginning. 14. Lot 2, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 15. Lot 1, Block 1, Monument Creek Village, Filing #4, according to the plat recorded January 29, 1986 as Reception No. 368452 16. A tract of land Tying, and being situate within Section 19, Township 7 South, Range 95 West, of the Sixth Principal Meridian, in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point an the South right-of-way line of Stone Quarry Road, whence the quarter comer common to Sections 19 and 20, Township 7 South, Range 95 West, of the Sixth Principal Meridian bears South 66°57'07" East, a distance of 2087.56 feet; thence South 01°25'26" East, a distance of 56.90 feet; thence South 64°46'28" West, a distance of 506.10 feet; thence South 86°10'00" West, a distance of 150.04 feet; thence North 69°31'58" West, a distance of 112.58 feet; thence North 07°52'20" West, a distance of 119.40 feet; to a point on the South right-of-way on Stone Quarry Road; thence North 80°15'34" East along the South right-of-way line of Stone Quarry Road, a distance of 738.00 feet, to the place and point of beginning. 17. That property identified as Common Open Space within Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.V.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 18. That property identified as Common Open Space within River Bluff Filing 9 - Replat, a part of the Battlement Mesa P.U.D., according to the plat recorded May 7, I984 as Reception No. 352082 19. That property identified as Open Space within Jack's Pocket Village Filing 5, a part of Battlement Mesa P.U.D., according to the plat recorded February 22, 1988 as Reception No. 389773 20. Tract D, Block 2, The Fairways, Phase 1, according to the final plat recorded August 17, 1998 as Reception No. 530565 21. That property identified as Restricted Reserve "B" within Stone Ridge Subdivision, a Resubdivision of Blocks 4, 5, 6, 7, 8, 9, 10 and 11, Monument Creek Village, Section Two, Battlement Mesa P.U.D., according to the plat recorded July 31, 1995 as Reception No. 481259 22. Lot 1, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., recorded May 28, 1986 as Reception No. 371427 23. 24. Lot 3, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa PILO., recorded May 28, 1986 as Reception No. 371427 according to the final plat according to the final plat Block 1, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 7