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13 BM Amendment Package
BATTLEMENT MESA COMPANY Battlement Mesa Company PO Box 6000 Battlement Mesa, Colorado 81636 Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa, Colorado December 9, 2016 Prepared by: Olsson Associates 760 Horizon Drive, Suite 102 Grand Junction, Colorado 81506 TEL 970.263.7800 1 FAX 970.263.7456 www.olssonassociates.com OLSSON ASSOCIATES Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM 1 TYPE OF APPLICATION __ — _ • Administrative Review • Development in 100 -Year Floodplain _ ❑ Limited Impact Review ❑ Development in 100 -Year Floodplain Variance • Major Impact Review 0 Code Text Amendment ❑ Amendments to an Approved LUCP = Rezoning 0 LIR ['MIR ■ SUP ['Zone District]] PUD ❑ PUD Amendment ❑ Minor Temporary Housing Facility 0 Administrative Interpretation ❑ Vacation of a County Road/Public ROW le Appeal of Administrative Interpretation 0 Location and Extent Review ❑ Areas and Activities of State Interest ❑ Comprehensive Plan Amendment 0 Accommodation Pursuant to Fair Housing Act 0 Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name' Battlement Mesa Partners, LLC and Battlement Mesa Land Investments, LLC Mailing Address: PO Box 6000 City: Parachute Phone: (970 )285.9740 E-mail: eschmela@battlementmesa.com State: CO Zip Code: 81635 Representative (Authorization Required) Name: Mailing Address: Phone: 1 City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Battlement Mesa Text Amendment Permitted Uses - Injection Well and PUD Zone District Amendment Assessor's Parcel Number: 2409 _ 134 06 004 Physical/Street Address: also Parcel Number 2407-081-00-152 Legal Description: See attached legal description Zone District: PUD PSR See attached Property Size (acres): PROJECT DESCRIPTION Existing Use: Battlement Mesa PUD Public, Semipublic, and Recreation Zone District Proposed Use (From Use Table 3-403): Battlement Mesa PUD Public, Semipublic, Recreation, and Injection Well Description of Project: Create a new zone district with zoning provisions (text) to allow for an injection well, as a Special Use in the proposed district. Will rezone a portion of the Battlement Mesa PUD PSR zone district. REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statemen : bove and have provided the required attached information which is correct and accurate to the st of my knowledge. SignaturepUr6perty Owner Date IllirCIAL USE ONLY File Number: - Fee Paid: $ Battlement Mesa Partners, LLC Battlement Mesa Land Investments, LLC Battlement Mesa PUD Text Amendment Permitted Uses — Injection Well and PUD Zone District Amendment Attachment A Legal Descriptions 2409-134-06-004 Parcel Size: 15.1 acres Section: 13 Township: 7 Range: 96 Subdivision: RIVER BLUFF FILING #1 Lot: 4 SERVICE CENTER SITE 2407-081-00-152 Parcel Size: 1248.873 acres Section: 8 Township: 7 Range: 95 ALL THAT PROPERTY LOCATED IN SEC 5, 6, 7, 8, 9, 10, 16, 17, 18, 19 IN 7-95. ALSO THAT PROPERTY LOCATED IN SEC 13 & 24 7-96 ALL WITHIN THE BATTLEMENT MESA PUD. EXCEPT A TR CONT 6.20 AC DESC IN REC #502259. EXCEPT TOWN CENTER FL #5 AS DESC IN REC #513419 CONT 22.370 AC. ALSO A TR OF LAND CONT 18.574 AC +/- AS DESC IN BNDY LINE ADJ BK 1703/327, 330 EXCEPT A TR OF LAND CONT. 37.65 AC +/- AS DESC ON THE FINAL PLAT, STONE QUARRY COMMONS, A RE -SUB OF LOTS 5-1 & 5-2 OF BATTLEMENT MESA PUD REC #691907. EXCEPT A TR OF LAND CONT 35.461 AC +/- AS DESC IN WD BK 1877/16 EXCEPT A TR OF LAND CONT 35.33 AC +/- AS DESC IN SWD BK 1947/706. EXCEPT A TR OF LAND CONT. 11.81 AC +/- AS DESC IN THE TOWN CENTER, FLG #6, BATTLEMENT MESA PUD, REC # 743233 & GWD #743971. EXCEPT FOR 6 TRACTS OF LAND - PARCEL 1, 57.68 AC +/-: PARCEL 2, 76.26 AC +/-: PARCEL 3, 52.80 AC +/-: PARCEL 6, 35.67 AC +/-: PARCEL 7, 56.17 AC +/- AND OLD HIGH SCHOOL PARCEL, 41.35 AC +/- AND DESC IN SWD REC #740298, & TOTALING 319.93 AC +/- BATTLEMENT MESA COMPANY Battlement Mesa Company PO Box 6000 Battlement Mesa, Colorado 81636 Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa, Colorado December 9, 2016 Prepared by: Olsson Associates 760 Horizon Drive, Suite 102 Grand Junction, Colorado 81506 TEL 970.263.7800 1 FAX 970.263.7456 www.olssonassociates.com OLSSON ASSOCIATES Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Table of Contents 4.02 Purposes and Objectives of Development 1 4.04 Consistency with the Master/Comprehensive Plan 1 Economy, Employment and Tourism: 2 Natural Resources 2 Mineral Extraction 2 4.06 Internal Compatibility of Planned Unit Developments 3 4.07 Standards and Requirements 3 4.07.01 PUD Rezoning 3 4.07.02 Parking 3 4.07.03 PUD Requirements 3 4.07.04 Building Heights 5 4.07.05 Lot Areas and Setback Restrictions 5 4.07.06 Residential Density 5 4.07.07 PUD Area 5 4.07.08 Permitted Uses 5 4.07.09 Open Space Density 5 4.07.10 Time -Share or Fractional Ownership Units 5 4.07.11 Findings of the Planned Unit Development Regulations Sections 5 4.07.12 Requirements 6 4.08 PUD Processing 6 4.08.05 Requirements 6 4.12 Enforcement and Modification Provisions of the Plan 7 4.12.03 Modification, Removal or Release of Plan Provisions 7 List of Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I Ownership Documentation Statements of Authority Payment Agreement Form Pre -application Conference Summary Vicinity Map PUD Plan/Zoning Maps PUD Regulations and Guide Proposed Text Amendment Adjacent Property Owners December 9, 2016 OLSSON R, ASSOCIATES Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 December 9, 2016 ii OLSSON 0 ASSOCIATES Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Battlement Mesa Company and its subsidiaries, Battlement Mesa Partners, LLC and Battlement Mesa Land Investments, LLC, (Applicant) wish to create a new zone district within the Battlement Mesa Planned Unit Development (PUD) and amend the Battlement Mesa PUD Guide (6th Amended and Estated PUD Guide January 1, 2014). The Battlement Mesa PUD zone districts were established by Resolution 80-121 under the 1978 Zoning Regulations, including subsequent amendments. The Applicant proposes to create a new zone district: Public, Semipublic, Recreation, and Injection Well. This proposed new zone district is based on the current zone district: Public, Semipublic, and Residential. The new zone district is proposed to allow as a Special Use Injection Wells, Small, as currently defined in the Garfield County Land Use and Development Code. The original zone districts for the PUD allow extraction and processing of natural resources as a special use. The Applicant proposes to add a new Section 12 to the Battlement Mesa PUD Guide describing the new zone including allowed uses and definitions. The proposed new zone district is located entirely on parcel 2409-134-06-004 owned by Battlement Mesa Partners, LLC, and a portion of parcel 2407-081-00-152 owned by Battlement Mesa Land Investments, LLC. The proposed zone district is in Section 18, T7S, R95W and Section 13, T7S, R96W of the 5th PM. The total area for the proposed zone district is 37.22 acres. The proposed zone district is shown on Exhibit A, Re -Zoning and the Battlement Mesa Zoning Map found in Appendix F. PURPOSES AND OBJECTIVES OF DEVELOPMENT As outlined in the 1978 Zoning Regulations, the purpose of a PUD is to permit greater design flexibility and, consequently, more creative and imaginative design for development than generally possible under conventional zoning and subdivision regulations. When the Battlement Mesa PUD was created, the developers made provisions to allow and plan for extraction and processing of natural resources within the PUD. One of the appurtenant uses for natural gas extraction is injection wells. The Applicant proposes to create a new zone district: Public, Semipublic, Recreation, and Injection Well (PSRI). The new zone district would allow Small Injection Wells in a very limited area of the PUD. This area is shown on the vicinity map in Appendix E. The new PSRI zone is currently part of the Public, Semipublic, and Recreation (PSR) zone. Injection wells provide a means of safely disposing of produced water created by the drilling and completion processes of natural gas extraction. Injection wells are currently not specifically allowed within the PUD. Injection wells used for natural gas extraction are highly regulated by the Colorado Oil and Gas Conservation Commission (COGCC) including limits on volumes, pumping pressures, and target zones. CONSISTENCY WITH THE MASTER/COMPREHENSIVE PLAN Allowing small injection wells in a new zone district is in general conformance with Garfield County's Comprehensive Plan. The elements of the Plan which apply most to the proposed zone district amendment are Economy, Employment, and Tourism; Natural Resources; and Mineral Extraction. December 9, 2016 1 O\OLSSON ASSOCIATES Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Economy, Employment and Tourism: Goal: Maintain a strong and diverse economic base (for both employment and income generation). Policy: Garfield County will encourage the development of a diversified industrial base recognizing physical location -to -market capabilities of the community, and the social and environmental impacts of industrial uses. Strategy & Action: Ensure that commercial/industrial developments are compatible with adjacent land uses and preserve the visual quality of the county. Approving the proposed PSRI zone district enables Garfield County to continue to maintain a strong and diverse economic base. Limiting injection wells to a small area of the Battlement Mesa PUD enables industrial development within specified areas of the PUD as originally planned. The location of the proposed PSRI zone district is in an area that is compatible with adjacent land uses and preserves the visual quality of the Battlement Mesa area. Natural Resources Goal: Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected and/or impacts mitigated. Approving the proposed PSRI zone district ensures that natural, scenic, ecological, and critical wildlife habitat resources are protected. By limiting a single land use to a small area of the PUD that is compatible with adjacent land uses, impacts can be mitigated easier. Mineral Extraction Vision: Resource extraction, including oil and gas development, has been encouraged to remain in the county due to their contribution they make to the county's overall goal of having a diverse and stable economy. While resource industries are welcomed in the county, they have been expected to fairly mitigate negative impacts that might have resulted due to their operations. Goal: Ensure that mineral extraction is regulated appropriately to promote responsible development and provide benefit to the general public. Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources. In working with mineral extraction projects, the county will protect the public health, safety and welfare of its citizens. Policy: Garfield County recognizes that surface and mineral owners have certain legal rights and privileges, including the right to extract and develop these interests. Private property owners also have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner and to have adverse impacts mitigated. The property rights of mineral lessees must be balanced with the rights of private property owners and the general public. Mineral resource extraction activities will protect critical wildlife habitat as identified by state and federal agencies. Development within these designations that cannot be December 9, 2016 2 0\OLSSON ASSOCIATES Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 designed, constructed and conducted so as to have a minimum adverse impact upon such habitat or these wildlife species, shall be discouraged. Strategy & Action: Maintain and enhance cooperation with the oil and gas industry, property owners, state and federal agencies, such as CPW and CDPHE, in regard to regulating activity and mitigating impacts. Mineral extraction was planned for during the development of the Battlement Mesa PUD. Allowing an appurtenant injection well facility within a limited area of the PUD allows surface and mineral owners the right to develop their interests in a cost-effective manner that also protects critical wildlife habitat. The proposed land use will be regulated by the COGCC to mitigate impacts to the public, air quality, water quality, and wildlife habitat. INTERNAL COMPATIBILITY OF PLANNED UNIT DEVELOPMENTS The new PSRI zone is in an area that has never been zoned for residential use. Allowed uses for the current PSR zone include school sites, governmental offices, police and fire stations, library, day-care centers, public and semipublic health facilities including hospitals and clinics, recreation uses, churches, community center, neighborhood community center, water, well sites, sewage treatment facilities, water treatment and storage facilities, other public and private utility facilities and buildings, and extraction and processing of natural resources. The proposed small injection well use is compatible with the allowed uses of the current zone district and the proposed zone district. The current uses in the location of the proposed PSRI zone include vehicle and RV storage facilities, a natural gas extraction well pad, and open space. 4.07 STANDARDS AND REQUIREMENTS 4.07.01 PUD Rezoning The Applicant requests the addition of a new zone district, Public, Semipublic, Recreation, and Injection Well. The purpose of the new zone district is to allow injection wells in a small area of the PUD. 4.07.02 Parking Parking within the proposed PSRI zone district will be off-street parking. Parking for the proposed additional use will be off-street. Parking needs for uses within the proposed PSRI zone district will be evaluated as part of the Special Use Permit process. 4.07.03 PUD Requirements (1) Relationship to surrounding area The proposed PSRI zone district allows an additional use, injection well, small, in the current PSR zone district, while restricting the use to a small portion of the PUD, which currently has compatible uses permitted near and within the proposed PSRI zone district. December 9, 2016 3 O\OLSSON ASSOCIATES Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Internal street circulation system An adequate internal street circulation system is in place around the proposed PSRI zone district. Further impacts to the street system will be evaluated as part the land use permitting process. (3) Parking Parking within the proposed PSRI zone district will be off-street parking. Parking for the proposed additional use will be off-street. Parking needs for uses within the proposed PSRI zone district will be evaluated as part of the land use permitting process. (4) Common Open Space Common Open Space will not be lessened with the proposed PSRI zone district. Development plans for the area are not changed by the proposed PSRI zone district. The uses near the proposed PSRI zone district are industrial in nature. (5) Diversity of Uses The proposed PSRI zone district allows for continued diversity of uses within the PUD while restricting some uses to a small area of the PUD with compatible uses. (6) Privacy The proposed PSRI zone district does not change the privacy protections of other zone districts within the PUD. (7) Pedestrians The proposed PSRI zone district will maintain the safety, separation, convenience, and access to pedestrian ways within the PUD, by continuing to separate incompatible uses from areas of high pedestrian traffic. (8) Utility Zones The proposed PSRI zone district is adjacent to the water treatment facility. The proposed new use will not require additional water or wastewater facilities. (9) Slopes Any disturbance of slopes in excess of 40% will be the minimum necessary to meet the development needs. Geotechnical evaluations will be part of the land use permitting process. (10) Community Facilities The proposed PSRI zone district will not change the development of community facilities within the PUD. December 9, 2016 4 OLSSON ASSOCIATES Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 4.07.04 Building Heights The proposed PSRI zone district does not change the maximum height of buildings permitted within the PUD. Proposed uses within the proposed zone district will be required to comply with established maximum building heights. 4.07.05 Lot Areas and Setback Restrictions The proposed PSRI zone district does not change the maximum lot areas or minimum setback restrictions permitted within the PUD. Proposed uses within the proposed zone district will be required to comply with established PUD guidelines. 4.07.06 Residential Density The proposed PSRI zone district does not change the residential density for the PUD. Proposed uses within the proposed zone district will be required to comply with established PUD guidelines. 4.07.07 PUD Area The proposed PSRI zone district does not change the size of the PUD. 4.07.08 Permitted Uses The PSRI zone district is being proposed to accommodate small injection wells within a limited area of the PUD. Compatible uses are allowed uses within the current PSR zone district that will be amended to the PSRI zone district. Open Space Density The proposed PSRI zone district does not change the Common Open Space within the PUD. Development plans for the area are not changed by the proposed PSRI zone district. The uses near the proposed PSRI zone district are industrial in nature. 4.07.10 Time -Share or Fractional Ownership Units The proposed PSRI zone district does not change the guidelines for time-share or fractional ownership units, or other similar interest in property within the PUD. 4.07.11 Findings of the Planned Unit Development Regulations Sections The proposed PSRI zone district preserves and maintains the character of the PUD as originally planned for the health, welfare, safety, and quality of life in Garfield County. The PUD was originally developed as an "energy community" to house the families of energy workers in the Parachute area as well as others who would benefit from the energy industry being present in the area. The PUD plan included natural gas well pads within in the boundaries of the PUD. The natural gas development plans are moving forward within the PUD. Creating a new PSRI zone district limits where injection wells can be located within the PUD, thus maintaining health, welfare, safety, and quality of life within Battlement Mesa. The proposed zone district will have little effect on affordable housing within the PUD, because the current PSR zone district is not a residential zone district. December 9, 2016 5 O\OLSSON ASSOCIATES Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 4.07.12 Requirements The proposed PSRI zone district does not change the residential density of the PUD. The current PSR zone district is not a residential zone district. The proposed PSRI zone district will not be a residential zone district. No off-site locations are being proposed for affordable housing because of this zone district amendment. 4.08 PUD PROCESSING 4.08.05 Requirements (1) Statement of Ownership Interest The parcels affected by the proposed zone district amendment are owned by Battlement Mesa Partners, LLC, and Battlement Mesa Land Investments, LLC, both of which are subsidiary companies of the Battlement Mesa Company. The owners are the Applicants for the proposed zone district amendment. Documentation of ownership is included in Appendix A. (2) Statement of Ownership Interest A revised Battlement Mesa Zoning Map is included in Appendix F. The map shows all the zone districts within the PUD. Descriptions of the zone districts are included in the Battlement Mesa PUD Guide located in Appendix G. (3) Regional Location Mari A Vicinity Map showing the location of the proposed PSRI zone district in the Battlement Mesa PUD is included in Appendix E. (4) Site Map A Site Map showing the boundaries, acreage, and existing zoning for the proposed PSRI zone district is included in Appendix F. (5) Seto Topographic Map A Site Topographic Map is not included with this application, because the proposed zone district is within the approved PUD. Topographic conditions will be reviewed as part of any land use permitting process. egal Descriptio A legal description of the affected parcels is included with the Application. A legal description of the proposed zone district is included on the Site Map in Appendix F. (7) Miscellaneous Requirements (a) The creation of the proposed PSRI zone district will allow small injection wells, which are an appurtenant facility to natural gas extraction, as a Special Use within the PUD. The creation of the new zone district will limit where an injection well can be permitted. The current PSR zone district is interwoven within the PUD. The new PSRI zone district is in a small area December 9, 2016 6 U\OLSSON ASSOCIATES Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 4.12 4.12.03 of the PSR zone district currently used for vehicle and RV storage area and natural gas extraction. (b) No development schedule has been developed for construction in this area. (c) A copy of the Battlement Mesa PUD Guide is included in Appendix G. No other special covenants, conditions and restrictions are proposed for this area. (d) A list of owners and addresses of properties within 200 feet of the parcels affected by the proposed zone district and mineral rights owners are included in Appendix I. (e) Since the PUD has been approved since 1982, no additional engineering documentation is included with this amendment application. The engineering information is requested as part of a land use permit application. All new land use permits within the proposed PSRI zone district will supply the requested information as part of any land use permit application. The Site Map in Appendix F shows the right-of-way for River Bluff Road. Access easements to developments within the proposed PSRI zone district have either been or will be reviewed as part of the land use permit process. (f) (g) During the planning and permitting process for the Battlement Mesa PUD, evidence was provided that the PUD was designed with consideration of the natural environment of the site. Further studies and documentation will be provided during any land use permitting process for further development within the proposed PSRI zone district. ENFORCEMENT AND MODIFICATION PROVISIONS OF THE PLAN Modification, Removal or Release of Plan Provisions (1) Rights of Residents, Occupants and Owners of PUD Modification of the Battlement Mesa PUD Plan by the creation of the proposed PSRI zone district will further protect the rights of the residents, occupants, owners, and other stakeholders of the PUD by restricting the location of injections wells to a small area of the PUD where compatible uses are currently allowed uses. (2) Rights of Residents, Occupants and Owners adjacent to the PUD Modification of the PUD Plan by the creation of the proposed zone district will not affect in a substantially adverse manner the enjoyment of land abutting upon or across a street from the PUD, or the public interest. The creation of the proposed zone district will not confer a special benefit upon a single person or entity. December 9, 2016 7 O\OLSSON ASSOCIATES Battlement Mesa PUD Text Amendment and PUD Zone District Amendment Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Rather, these interests are further protected by limiting a single land use to a small area of the PUD where compatible uses are currently allowed uses. (3) Time -Share or Fractional Ownership Interests Time-share or fractional ownership interests are not included in the proposed zone district. The proposed PSRI zone district does not change the guidelines for time-share or fractional ownership units, or other similar interest in property within the PUD. (4) Operation or Utilization of Adjacent Mass Transit Facility There is no Mass Transit Facility adjacent to or within the proposed zone district. December 9, 2016 8 OLSSON ASSOCIATES 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 r APPENDIX B STATEMENTS OF AUTHORITY O\OLSSON ASSOCIATES 11111141010411,WIMMACCFRA1114111111 Reception#: 733369 02118/2007 03:38:20 PM Jean Albericc 1 of 2 Rae Fae:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named: BKITLEMENT MESA PARTNERS LLC 7. The type of entity is a: ( 1 corporation [ 1 nonprofit corporation [X1 limited liability company [ ] general partnership [ 1 limited partnership [ 1 registered limited liability partnership [ ) registered limited liability limited partnership [ 1 limited partnership association [ ] unincorporated nonprofit association [ ] government or governmental subdivision or agency 1 1 business trust 1 1 trust 3. The entity is formed under the laws oft Colorado 4. The mailing address of the entity is: 73G Sipprelle Drive, Battlement Mesa, CO 81636 5. The 1X1 name(s), or [X] position(s) of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity is/are: David A. Gitlitz, Manager Eric Schrncla, Authorized Agent 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172, CAS. Executed this }D day of BATTLEME ti AP r`i a Colorado h By: 13y / —ehmcla, Authorized Agent RS LLC, ny r rhli bY7.1++ 1le`4 �GiMG2fr`�`i -7 Pere! - 1-t .s_rnLtJ iniSA 16 iLt35 2- 1111111APEAMI,WIVAIVICOMMAII1111 Reception#: 733369 0911812007 03:38.20 PM Jean R14arico 2 of 2 Ran Fae $11.00 Doc Fee:O.00 GRRFIELO COUNTY CO STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged More me this IC- day of d,,, , 2007 by David A. Gitlitz as Manager of Battlement Mesa Lot Holdings LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: i`t1 Q. .Loci t, Notary Public SALLY GEIB VAGNEUR STATE OF COLORADO } NOTARY PUBLIC) as + STATE OF COLORADO COUNTY OF GARFIELD ) My CommissIonExpires The foregoing instrument was acknowledged before me this X11 day of UA , 2007 byra1124QB Eric Schmela as Authorized Agent of Battlement Mesa Lot Holdings LLC, a C • • • • 'ted liability company. Witness my hand and official, seat My commission expires: Ct l 04\ Notary Public DENNA ROOF' NOTARY PUBLIC STATE OF COLORADO My Commission Expires 09/27/2009 � ACTION BY WRITTEN CONSENT OF THE GENERAL PARTNERS OF BATTLEMENT MESA PARTNERS (a Colorado general partnership) The undersigned, representing the general partners (each a "Partner' and together the "Partners") of Battlement Mesa Partners, a Colorado general partnership (the "Partnership"), do hereby consent to the following: Approval of Conversion WHEREAS. the Partnership believes it is in the best interest of the Partnership and its Partners to convert the Partnership into a Colorado limited liability company known as Battlement Mesa Partners LLC ("Battlement Mesa"), and desires to effect such conversion by filing with the Colorado Secretary of State the Combined Statement of Conversion and Articles of Organization of Battlement Mesa attached hereto as Exhibit A (together. the "Conversion Documents"). NOW, THEREFORE. BE IT RESOLVED, that the Partnership shall be converted to Battlement Mesa Partners LLC, a Colorado limited liability company, in accordance with the provisions of the Colorado Corporations and Associations Act and the Colorado Limited Liability Company Act: and RESOLVED, FURTHER. that the Partners, or any one of them acting alone, are hereby authorized and directed to execute and file the Conversion Documents as is required by the laws of the State of Colorado and to take any and all actions deemed appropriate by the Partnership to complete the conversion described herein. [signature page to follow] 1341575_l .doc This Consent may be executed in counterparts all of which, when taken together constitute one instrument. The Partners agree that facsimile or .pdf copy signatures shall be deemed original signatures. The undersigned Partners have executed this Consent on the dates set forth below to be effective as of the 15t day of June, 2007. COMMUNITY HO a Colorado co 5-1 (-C1- By: ra INCAS WEST, INC. Date: •avid A. Gitlif , President L - O SIPPRELLE OLDINGS, LLC, a Colorado limited liability co v, By: Date: David A. G itz, Managing Member 1341575 I dot.. 2 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS AND SOLE SHAREHOLDER OF COMMUNITY HOLDINGS WEST, INC. (a Colorado corporation) The undersigned. representing the sole shareholder and all of the members of the Board of Directors of Community Holdings West. Inc., a Colorado corporation (the "Corporation"), hereby unanimously consent to the following actions without a meeting: WHEREAS, the Corporation is a general partner of Battlement Mesa Partners. a Colorado general partnership (the "Partnership"); and WHEREAS, the Corporation believes it is in the best interest of the Partnership and its general partners to convert the Partnership into a limited liability company known as Battlement Mesa Partners LLC ("Battlement Mesa"), and desires to effect such conversion by filing with the Colorado Secretary of State the Combined Statement of Conversion and Articles of Organization of Battlement Mesa attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED, that the conversion of the Partnership into a limited liability company named Battlement Mesa Partners LLC is hereby approved, adopted and ratified; RESOLVED FURTHER. that the execution and delivery of any and all documents as may be necessary or advisable to consummate the transaction described herein by the President of the Corporation as a general partner of the Partnership, is hereby approved, adopted. and ratified. This Consent may be executed in multiple counterparts all of which, when taken together, shall constitute one instrument. The Shareholder and Directors agree that facsimile or .pdf copy signatures shall be deemed original signatures. The undersigned have executed this Consent on the dates set forth below to be effective as of the Is' day of June, 2007. DIREC ► RS: Date: D. id A. Gitf Date: Louise A. Gi itz its c7 SOLE, AREHOLDER: Date: D id A. Gitlitz 134583 1 doe Exhibit A Combined Statement of Conversion and Articles of Organization 1341583_1 (Inc Exhibit A Combined Statement of Conversion and Articles of Organization 134[575_1 doe Document processing fee I; document is died on paper Lf document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this formicover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center, Paper documents must be typewritten or machine printed. 5:50.x0 Currently Not Available RECE 2'007 JUN -1 ht10:37 TATS OF COLui r;DJ ABOVE SPACE POR OFFICE USE ONLY Combined Statement of Conversion and Articles of Organization filed pursuant to §7-90-201 and §7-80-204 of the Colorado Revised Statutes (C,R.S.) Statement of Conversion 1. For the convening entity, its entity name or true name, ID number (if applicable), form of entity, the jurisdiction under the law of which it is formed, and the principal office address of its principal office are Entity name or true name of the convcrtina entity ID number (if applicable) Form of the entity Jurisdiction where formed Principal office street address Principal office mailing address (leave blank if same as wove) BATTLEMENT MESA PARTNERS 20061062040 (Colorado Secretary of State _ID number) GENERAL PARTNERSHIP COLORADO 73 J SIPPRELLE DRIVE (Street number and name) BATTLEMENT MESA CO 81636 (City) (State) (Postal/Zip Code) (Province— ifappiicaole) (Country— if not US) PO BOX 6000 (Street number and name or Post Office Bax information) BATTLEMENT MESA CO 81636 (City) (State) (Postal/Zip Code) (Province— if applicable) (Country —ifnot US) 2. The converting entity has been converted into the resulting entity identified below. 3. For the resulting entity, its entity name, form of entity, the jurisdiction under the law of which it is formed, and the principal office address of its principal office are CONVERT_LLC Page 1 of Rev. 10/6/2005 Entity name o: the resulting entity BATTLEMENT MESA PARTNERS LLC (The name of c limited liability company must contain the tern; or abbreviation "limited liability company". "ltd. liability company", "limited liability ca. ' , "ltd. Liability co. ', "limited", "1.1.c.", "11c", or 'Yid, "s7 -90-5P1, C.P S.) (Caution: The use ofcertain terms or abbreviations arc restricted by law. Read instructions for more information.) Form of the entity domestic limited liability company jurisdiction where formed Colorado Principal office street address 73 J SIPPRELLE DRIVE (Srreet number anti name/ Principal office mailing address (leave blank if same as above) (Street number and name or Post Office Box information) BATTLEMENT MESA CO 81636 (City) (State) (Posy al/Zip Code) (Province—ifapplicable) (Country— fnot US) PO BOX 6000 BATTLEMENT MESA CO 81636 (City) (Stare) (Postal/Zip Code) (Province -- if -applicable) (Country — i{not US) (If the following statement applies, adopt the statement by marlano the box.) The mailing address in the records of the Secretary of State is no longer different than the street address and is no longer required. 1. The entity name is Articles of Organization BATTLEMENT MESA PARTNERS LLC (The name ofa limited liability company must contain the term or abbreviation "limited liability company "ltd liability company". "limited liability co.", "lid. liability co.'. "limited", "lie.", "llc", or "ltd." §7-90-601, (Caution: The use of certain terms or abbreviations are restricted by law. Read insmtctions for. more information) 2, The principal office address of the initial principal office is Street address 73 J SIPPRELLE DRIVE (Street number and name) COtv'VERT LLC BATTLEMENT MESA CO 81636 -- (City) (State) (Postal/Zip Code) (Province —1 applicable) (Country — if not US) Page 2 of 4 Rey. 10/6/2005 iviaiin� address RC BOX 6000 (leave blank if same as strset address) (Street number ana name or Post Office Box zryormaronr BATTLEMENT MESA CO 81 636 (State) (Postal/Zip Coa ) (Province —1 applzcaole) (Country— if not CTS) 3. The registered agent name and registered agent address of the initial registered agent are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) The person appointed as registered agent above has consented to being so appointed. Street address 633 17TH STREET SUITE 2200 (Last) (First) (Middle) (Suffix) ISAACSON ROSENBAUM P.C., ATTN: RICHARD GREENGARD Mailing address (Sweet number and name) DENVER CO 80202 (City) (State) (Paszal/Zio Code) (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) (Postai/Zip Cade) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) OR (if an entity) ISAACSON ROSENBAUM P.C. (Last) {First) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) Mailing address 633 17TH STREET (Street number and name or Post Office Box information) SUITE 2200 DENVER (City) CO 80202 (State) (Postai/Zip Code) (Province-- if applicable) (Country— iJ`not US) (If the following statement applies, adopt the statement by marking the box and include an attachment.) LI This document contnins the name and address of one or more additional person(s) forming the limited liability company. CONVERT LLC Page 3 of 4 Rev. 1016/2005 5. The management of the limited liability company is vesterl in (Mari: the applicable one or more aianaiters. OR the members. 6. There is at least one member of the limited liability company. 7. (If thefollowing statement applies adopt the statement by marking the box and include an attachment.) ❑ This document Contains additional information as provided by law. 8. (Caution: Leave blank if the document does nor have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and. if applicable, time using the reouiredformai.) The delayed effective date and, if applicable, time of this document is/are 6/1/2007 (mm/ddljnn y Hour: minute anupm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or aclmowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7; C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are LAWRENCE CARA G. ESQ. (Last) (First) (Middle) (Suds) 633 17TH STREET (Street number and name or Post Office Box information) SUITE 2200 DENVER CO 80202 (City) (State) (Postal/Zip Code) (Province — if -applicable) (Country — if not LIS) (Ifthe following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). CONVERT LLC Page 4 of 4 Rev. 10/6/2005 1111 MillillifiNOVIVA MI HI Reeeptiantt_ 740288 12/31/2007 12:01,32 PM Jean Alberico i of 2 Roc Fe f1.00 Doc Fee 0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named: BATTLEMENT MESA LAND INVESTMENTS, LLC 2. The type of entity is a: [ ] corporation [ ] nonprofit corporation [X] limited liability company [ ] general partnership [ ] limited partnership [ ] registered limited liability partnership [ ] registered limited liability limited partnership [ ] limited partnership association [ ] unincorporated nonprofit association [ ] government or governmental subdivision or agency [ ] business trust [ ] trust 3. The entity is formed under the laws of: Colorado 4, The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The [X] name(s), or [X] position(s) of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity is/are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by David A. Gitlitz, President, or Sipprelle Holdings, LLC, a Colorado limited liability company, Managing Member, by David A. Gitlitz, Managing Member, or Eric Schmela, Authorized Agent 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172, C.R.S. Executed thio day of December 2007. BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado imited liaility com.. y Colima By: Sipp Member oldins Wejj ., a Colorado corporation, Managing Member V4 P. 4! ent tlitz, Pr le ;,!ding By By: a Colorado limited liability company, Managing David ' .t1i Tiaging Member 4 +/O Eric Schmela, Authorized Agent ti ■III nitillitINI.WFdlinfelfillitlilViNii 11 11 1 Reception#: 740288 12I31J2007 12:01:32 PM dean ALberieo 2 of 2 Rec Fee.$11-00 Dec Fee_0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me thi " day of December, 2007 by David A. Gitlitz as President of Community Holdings West, Inc., a Colorado corporation, a Managing Member of Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official s9,a1. J My commission expires: q _2 -Vo STATE OF COLORADO COUNTY OF GARFIELD ) ss. ) The foregoing instrument was acknowledged before me this lay of December, 2007 by David A. Gitlitz as Managing Member of Sipprelle Holdings, LLC, a Colorado limited liability company, a Managing Member of Battlement Mesa Land Investment, LLC, a Colorado limited liability company. Witness my hand and officials 1. My commission expires: STATE OF COLORADO COUNTY OF GARFIELD ) )ss. ) Notary Public The foregoing instrument was acknowledged before me day of December, 2007 by Eric Schmela as Authorized Agent of Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official s 1. My commission expires: GIk/ jI p ei 2 r APPENDIX C PAYMENT AGREEMENT FORM O\OLSSON ASSOCIATES CGarfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Ursa Operating Company LLC agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Battlement Mesa PUD Text Amendment Permitted Uses - Injection Wel an 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. i hereby agree to pay all fees related to this application: Billing Contact Person: Cari Mascioli Phone: ( 970 ) 284.3244 Billing Contact Address: 792 Buckhorn Drive City: Rifle State: CO Zip Code: 81650 Billing Contact Email: cmascioli@ursaresources.com Printed Name of Person Authorized to Sign: Cari Mascioli /it r71� (Signature) (D te) r APPENDIX D PRE -APPLICATION CONFERENCE SUMMARY O\OLSSON ASSOCIATES Garfield County Community Development Department 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2407-081-00-152 DATE: 4/28/16 Updated 10/12/16 PROJECT: Battlement Mesa PUD Text Amendment Permitted Uses - injection Well and PUD Zone District Amendment APPLICANT: Battlement Mesa Partners & Battlement Mesa Land Investments REPRESENTATIVES: Eric Schmela, Battlement Mesa Partners PRACTICAL LOCATION: Battlement Mesa PUD ZONING: Planned Unit Development (PUD) TYPE OF APPLICATION: PUD Amendment I. GENERAL PROJECT DESCRIPTION Battlement Mesa Partners, a property owner within the PUD is considering an Application for an Amendment to the Battlement Mesa PUD, PUD Regulations/Guide and the PUD Zoning Map. The amendments would modify the existing PUD Regulations/Guide and PUD Map to create a new zone district with zoning provisions (text) to allow for an injection well, as a Special Use in the proposed district. The new zone district is anticipated to be located in the vicinity of the currently approved Well Pad B and would rezone a portion of the PSR (Public, Semi -Public, Recreational) PUD Zone District. The area to be rezoned will be legally described and graphically shown on an updated PUD map. The proposed text would utilize injection Well, Small terminology and definitions from the existing Garfield County Land Use and Development Code. The proposed text would require a proposed injection well within the new district to go through a Special Use Permit process that requires the Board of County Commissioners to first decide if they want to refer it to the Planning Commission for review and recommendation to the 1 Board. Secondly, the Board would conduct a public hearing to make the final decision on the permit request. No other changes to the PUD regulations, mapping, and related procedures or standards is anticipated. Based on the Battlement Mesa PUD Guide, the process for amending the PUD is outlined in the Garfield County Land Use Resolution of 1978 as adopted on January 2, 1979 including the zoning amendment adopted October 15, 1979. The above documents were adopted by Resolution No. 79-1 and 79-132 respectively. Excerpts from the County Resolutions are attached. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS Applicable Sections of the Garfield County Land Use Resolution of 1978 are noted below (key sections are attached to the pre -application summary): • Section 4.00 Planned Unit Developments (4.00 through 4.12.04 inclusive) • Section 4.08 PUD Processing • Section 4.12 Enforcement and Modification of Provisions of the Plan • Section 10.00 Amendment • Section 10.02 Initiation • Section 10.02.03 Planned Unit Development • Section 10.03 Submittal • Section 10.04 Procedures Amendments adopted by Resolution No. 79-132 regarding Section 10.04.01 address public notice for amendments. The amended code increased the public notice publication requirement to 30 days prior to the public hearing before the Board of County Commissioners and includes a mailing notice requirement 15 days prior to the public hearing to all property owners adjacent to the lot or lots subject to the proposed amendment. Applicant may consider completing additional courtesy noticing to additional property owners, posting of the property and conducting community meetings similar to those held for the Well Pad B & D public hearings. Section 10.02 of the Garfield County Zoning Resolution of 1978 indicates that "The following persons or officials may initiate amendments to this Resolution: Section 10.02.03 Planned Unit Development: All the owners of the real property to be included with the proposed Planned Unit Development." Battlement Mesa Partners and Battlement Mesa Land Investments are owners of property within the PSR Zone District in the Battlement Mesa PUD. For the purposes of the PUD Regulations the County's General Plan is the Garfield County Comprehensive Plan 2030. 2 III. PUD AMENDMENT REVIEW PROCESS 1. Pre -application Conference is recommended but not required. 2. Application Submittals 3. Completeness Review 4. Once Complete, referrals will be sent out 5. The Application shall be referred to the Planning Commission. The Commission will provide a recommendation within 60 days of the referral. The Planning Commission's meeting will be noticed as a public hearing. 6. Following the Planning Commission review a public hearing before the Board of County Commissioners will be scheduled. 7. Public Notice for the Planning Commission and Board of County Commissioner's hearings shall require publication of the time and place, at least one time in a newspaper of general circulation in the County, at least 30 days prior to the hearing. Except for text amendments, notice of such public hearings shall also be sent by mai! at least 15 days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. The rezoning of a portion of the PUD to the new zone district does require the public notice mailing. 8. The Board shall conduct the public hearing and render a decision on the request. 9. A resolution formalizing the Board's decision shall be prepared. 10. If an amendment is approved the PUD Guide and District Regulations and PUD Zoning Map shall be updated and recorded. IV. SUBMITTAL REQUIREMENTS • Application Form and Fees • Ownership Documentation (deed) showing the Applicant as an owner of property within the PUD and the area proposed for rezoning to the new zone district. • Statement of Authority or Letter of Authorization, as necessary for the Applicant's Signatory on the Application. • Authorization to represent letter if another representative, Attomey or Planner will be representing the Applicant. • Payment Agreement Form. • Copy of the Pre -Application Conference Summary. • Vicinity Map, including the area proposed for the new zone district. • Current PUD Plan/Zoning Map showing overall PUD Zoning Districts and the affected PSR Zone District. • Proposed PUD Plan/Zoning Map showing the area proposed for the new zone district. A legal description for the property being rezoned shall be provided. • A copy of the Current PUD Regulations/Guide. • The proposed text for amendment of the PUD Regulations/Guide, setting forth the new zone district and including an Injection Well, Small as a Special Use. It is anticipated that the use will be defined by reference to existing terms and definitions found in the Garfield County Land Use and Development Code of 2013, as amended. 1 • Supporting information and justification for the proposed amendments addressing relevant code provisions including but not limited to Sections: 4.02 Purposes and Objectives of Development, 4.06 Internal Compatibility of Planned Unit Developments, 4.07 Standards and Requirements (as applicable), and submittal requirements in Section 4.08, PUD Processing. • Statement or representations regarding general conformity with the Garfield County Comprehensive Plan. Submit three paper copies and one electronic copy (on CD or USB stick). Both the paper and digital copy should be split into individual sections. Additional paper copies will be requested upon determination of completeness including copies for the Planning Commission review. Please refer to the pre -application list for basic submittal requirements and to the Garfield County Zoning Resolution of 1978 for clarification on any additional submittal requirements. Please contact Planning Staff if you have questions regarding submittals. Follow-up meetings with staff can be scheduled as needed prior to submittal. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: Director's Decision (with notice — not a public hearing) X Planning Commission — referral for recommendation (to be noticed as a Public Hearing) X Board of County Commissioners — Public Hearing Board of Adjustment c. Referral Agencies: May include Garfield County Oil and Gas Liaison, Garfield County Environmental Health, Garfield County Consulting Engineer, Garfield County Road and Bridge Department, Fire Protection District, Battlement Mesa Service Association, Battlement Mesa Metropolitan District, Battlement Mesa Oil and Gas Committee, Battlement Mesa Concemed Citizens, Battlement Mesa Company, Town of Parachute, Grand Valley Fire Protection District; and other entities as appropriate. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 300 b. Referral Agency Fees: $ TBD — consulting engineer review fees c. Total Deposit: $ 300 4 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing bodies (Planning Commission and Board of County Commissioners). Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on the applicable zoning, which may be subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. Application Submittal — Public Information The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared bv: Glenn Hartmann, Senior Planner Approved bv: Tamra Allen, AICP Planning Manager, Community Development Department 5 to/x/14 Date /0/7-1/0. Date STATE OtCOLORADO County of Guneld re :I 1 a r .„. eetinQ of the Hoard er County CQ . ttlonas kr Gufleld County, Caloado, Asa....»............w,.,_....�,.._.........«._..I'riaady 19th held at the Court Hausa In C:-awood Springs on__ .. ........... ..... ....«.... ,.......,,_.... _ .»� the. ..,.,..,-..,,.,.,,....... ...day of ...._...._Ma.Y n. ]9 F30 srawere present; -_« 11};Mand"1" 'dbi` ey • ..T... - .. Commiuioner Chatrrnsr. Lar.lr. . X �-..Velas uez ��............»... ........................«_, CamtnEtdonu Flaven J. Cerise -,,, eonunisw,ne: Arthur A. A6p1anaip..r...jr:_....�_ ,, Ca+atyAttaresy Nancy,S_prick Payet,,,,Deputy.», curxcfth.l3asd when the foilowEnq y-aceed:r.Qt, among others was had and done, tomtit: `o v 3A.4fkott.xs-i- 61 vike- RESOLUTION N0. 80-82 RESOLUTION CONCERNED WITH THE APPLICATION OF BATTLEMENT MESA, INC., FOR AMENDMENT TO IHE BATTLEMENT MESA PLANNED UNIT DEVELOPMENT PLAN AND RESOLUTION OF AUGUST 14, 1975. WHEREAS, Battlement Mesa, Inc. has made application to the Board of County Commissioners of Garfield County, Colorado, for ap- proval of an amendment to the Battlement Mesa Planned Unit Development Plan and Resolution of August 14, 1975, of -the Board approving such plan and -establishing the uses permitted on the land as described in said Resolution in association with such plan, which amendment would modify the location and type of uses permitted in and by the Battle- ment Mesa Planned Unit Development; and WHEREAS, the Board has observed that the Resolution heretofore entered by this Board dated August 14, 1975, failed to provide therein for the specific uses permitted within the Battlement Mesa Planned Unit Development as required by Section 4.07.08 of the Garfield County Zoning Resolution; and WHEREAS, the Board has determined that the proposed amendment is consistent with the efficient development and preservation of the entire planned unit development, does not effect in a substantaiily adverse manner either the enjoyment of the land abutting upon or across the street from the planned unit development or the public interest', is not intended to solely to confer a special benefit upon any person, in accordance with the provisions of C.R.S. 1975, 624-67-106 (3)(b), and will further effect the intent of this Board in adopting its Reso- lution dated August 14, 1975, by which the Battlement Mesa Planned Unit Development was approved, and which was to have established the uses to be permitted in the lands described in Battlement Mesa Unit Planned Development; and NOW, 1HEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Garfield County, Colorado: 1. That the modification of the Battlement Mesa Planned Unit Development Plan requested by Battlement Mesa, Inc. be and hereby is granted and approved, subject to the following conditions: a) That the school acreage figures as set forth in the plan be adjusted and modified, as'the phases of the Planned Unit Development progress, as required to represent actual experience in terms of enrollments in the appropriate schools, and that additioral land be designated and donated for school sites if the same is indicated by actual pupil census figures. b) That prior to final plat approval of any portion of the Planned Unit Development, evidence of ownership of suffi- cient water rights to provide to the planned unit develop- ment an adequate supply of notable water to serve the needs of the proposed development for domestic and related usage. • Governmental offices and health facilities (except auditorium and public assembly): -One space per 200 square feet of floor area (except storage area). Church: One parking space per three seats. Recreation facility: Parking shall be provided on the basis of one parking space per each four persons using the facility (figured at a maximum capacity use period). 9.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supp ementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). 10.0 Supplementary Regulations �---� Division of the subject lands into land use Areas and their related develop- ment standards will be as shown on the PUD map and as outlined by the preceding' development standards. To further avoid problems of interpretation, the following listed supplementary regulations arc included as part of the Planned Unit Development. Where the preceding general standards or the following supplemental regulations do not adequately describe what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. 10.1 Land Use Tykes: The PUD map shows generally where within the PUD each type of use is located. The precise location of each use and the location of lots, blocks and other parcels within each area devoted to each use shall be shown as that area is hereafter subdivided and platted. 10.2 Uses Permitted: The principal uses for each land use area are listed as a part of -Ti" general development standards; however, any other building, structure or use which is similar to those enumerated and not more obnoxious or detrimental. to the area in which it is located shall be permitted. Mobile bachelor dwellings and modular bachelor dwellings shall include groupings or single room living units with common restroom facilities, community recreation space and central eating facilities, in place of rest - rooms, kitchens and larger living areas within each separate living unit. An attached single family dwelling is a building containing two or more single family dwelling units sharing one or two common side building walls. 10.3 Intensity of Use: In any residential area defined on the PUD map, the net density in any given part of a subdivided area iay exceed the gross density which would be pennitted for the entire subdivided area so long as the entire subdivided area, including open space, is within the range of the applicable gross intensity of use set forth above in the development standards. -12- Yti EXuve++N A--fp kc' k_ Z`'v vV GARFIELD COUNTY ZONING RESOLUTION OF 1978 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO P.O. BOX 640 GLENWOOD SPRINGS, COLORADO Adopted & Enacted January 2, 1979 Effective January 2, 1979 This copy includes all amendments through: January 2, 1979 0 ..a Uses, conditional; allowed by permit only: industrial support facilities which would include: material handling, pumping facilities, electrical distribution warehouse facilities/ staging areas, fabrication areas, storage areas, water impoundments, access routes, utility lines, pipelines; extraction, processing, accessory uses to the above; mobile home as accessory use to ranch or farm operations. Church, community building; day nursery and school; studio for conduct of arts and crafts; home occupation. Uses, special: Utility airport, feedlot as principal use of the lot, camper park, hunting lodge; mineral waste disposal areas; public events. Minimum Lot Area: 2 acres. Maximum Residential Lot Coverage: 15 percent. Required Setback, residentially: (1) Front yard: (a) arterial streets: 100 feet from street centerline or 75 feet from front lot line, whichever is greater; (b' 'oral streets: 79 fent from street centerline or , local 50 feet from front lot line, whichever is grcater; (2) Rear yard: 125 feet; (3) Side yard: 100 feet from side lot line or h the height of the principal building, whichever is greater. Required Setback, industrially: 100 feet from any property line. Maximum Height of Residential Building: (not related to agriculture) 25 feet. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regu- lations). 4.00 PLANNED UNIT DEVELOPUENTS 4.01 DEFINITIONS As used in this Planned Unit Development Section (here- after "section") the following definitions shall apply, unless the context otherwise requires: 4.01.01 Common Open Space. A parcel or parcels of land, an area of water, or a combination of land and water within the site designated for a Planned Unit Develop- ment, designed and intended primarily for the use or enjoyment of residents, occupants, and owners of the Planned Unit Development. 4.01.02 Plan. The provisions for development of a Planned Unit Development which may include, and need not be limited to, easements, covenants, and restrictions relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, utilities, private and public streets, ways, roads, pedestrian areas and parking facilities, Common Open Space, and other public facilities. "Provisions of the plan" means the written and graphic materials referred to in this definition. 4.01.03 Planned Unit Development. (hereinafter a PUD) An area of land, controlled by one or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational, or industrial uses, or any combination of the foregoing, the Plan for which does not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use regulations. 4.02 PURPOSES AND OBJECTIVES OF DEVELOPMENT PUDs may be approved by the County Commissioners for the following purposes and to achieve the following objectives of development: (1) To provide for necessary commercial, recreational, and educational facilities conveniently located to housing; (2) To provide for well located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation facilities; (3) To insure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot by lot development in a manner which would distort the objectives of the zoning laws; (4) To encourage innovations in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater 0 variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings; (5) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes; (6) To lessen the burden of traffic on streets and highways; (7) To encourage the building of new towns incorp- orating the best features of modern design; (8) To conserve the value of the land; (9) To provide a procedure which can relate the type, 'design, and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural charac- teristics; or (10) To encourage integrated planning in order to achieve the above purposes and objectives of development. 4.03 SCOPE Applications for Planned Unit Development zoning may be made for land located in any zoning district. 0 4.04 CONSISTENCY WITH THE GENERAL PLAN No PUD shall be approved unless it is found by the County Commissioners to be in general conformity with the County's general plan. 4.05 RELATIONSHIP TO ZONING AND SUBDIVISION 4.05.01 The Subdivision Regulations of Garfield County, as the same may be from time to time amended, and the provisions of this Zoning Resolution, as the same may be from time to time amended, shall be applicable to PUDs insofar as said Regulations and Resolution are consistent with this section and with any specific zoning or subdivision requirements approved by the County Commissioners at the time of zoning or platting the PUD in question, but to the extent that said Regulations and Resolution are inconsistent herewith, they shall not be applicable and the provisions of this section shall control. 4.05.02 It is recognized that the uniqueness of each proposal for a PUD requires that the specifications, standards and requirements for various facilities, including but not limited to, streets, highways, alleys, utilities, curbs, gutters, sidewalks, street lights, parks, play- grounds, school grounds, storm drainage, water supply and distribution, and sewage collection and treatment, may be subject to modification from the specifications, standards and requirements established in the Subdivision Regulations of Garfield County for like uses in other zone districts. The County Commissioners may, therefore, either at the time of zoning as a PUD or subsequently upon final platting under the Subdivision Regulations, as requested by the applicant, waive or modify the specifications, standards and requirements which would be otherwise applicable. 9.06 INTERNAL COMPATIBILITY OF PLANNED UNIT DEVELOPMENTS It is recognized that certain individual land uses, regardless of their adherence to all the design elements provided for in this section, might not exist com- patibly with one another. Therefore, a proposed PUD shall be considered from the point of view of the rela- tionship and compatibility of the individual elements of the Plan, and no PUD shall be approved which contains incompatible elements. 9.07 STANDARDS AND REQUIREMENTS 4.07.01 The County Commissioners may approve a proposed PUD rezoning upon a finding that it will implement the purposes of this section and will meet the standards and requirements set forth in this section. 4.07.02 The number of off-street parking spaces for each use in each PUD shall not be less than the requirements for like uses in other zoning districts, except that the County Commissioners may increase or decrease the required number of off-street parking spaces in con- sideration of the following factors: (1) estimated number of cars owned by occupants of dwelling in the PUD (2) parking needs of non -dwelling uses (3) varying time periods of use whenever joint use of common parking areas is proposed. 4.07.03 The PUD shall meet the following site plan criteria unless the applicant can demonstrate that one or more of them is not applicable or that a practical solution has been otherwise achieved: (1) The PUD shall have an appropriate relationship to the surrounding area, with unreasonable adverse effects on the surrounding area being minimized. (2) The PUD shall provide an adequate internal street circulation system designed for the type of traffic generated, safety, separation from living areas, con- venience and access. Private internal streets may be permitted provided that adequate access for police and fire protection is maintained. Bicycle traffic shall be provided for, if appropriate, when the site is used for residential purposes. (3) The PUD shall provide parking areas adequate in terms of location, area, circulation, safety, con- venience, separation and screening. (4) The PUD shall provide Common Open Space adequate in terms of location, area, and type of the Common Open Space, and in terms of the uses permitted in the PUD. The PUD shall strive for optimum preservation of the natural features of the terrain. (5) The Pup shall provide for varinf•y in housing types and densities, other tacilities, and Common Oren Space. (6) The PUD shall provide adequate privacy between dwelling units. (7) The PUD shall provide pedestrian ways adequate in terms of safety, separation, convenience, access to points of destination and attractiveness. 4.07.04 The maximum height of buildings may be increased above the maximum permitted for like buildings in other zone districts in relation to the following characteristics of the proposed building: (1) Its geographical location; (2) The probable effect on surrounding slopes and mountainous terrain; (3) Unreasonable adverse visual effect on adjacent sites or other areas in the immediate vicinity; (4) Potential problems for adjacent sites caused by shadows, loss of air circulation, or loss of view; (5) Influence on the genera/ vicinity, with regard to extreme contrast, vistas, and open space; and (6) Uses within the proposed building. 4.07.05 The minimum lot areas and the minimum setback restric- tions may be decreased below and the maximum lot coverages may be increased above those applicable to like buildings in other zone districts to accommodate specific building types with unusual orientation on the lot or relationship between buildings. The averaging of lot areas shall be permitted to provide flexibility in design and to relate lot size to topography, but each lot shall contain an acceptable building site. The clustering of development with usable common open areas shall be permitted to encourage provision for, and access to, common open areas and to save street and utility construction and maintenance costs. Such clustering is also intended to accommodate contemporary building types which are not spaced individually on their own lots but share common side walls, combined service facilities or similar architectural innovations, whether or not providing for separate ownership of land and buildings. Architectural style of buildings shall not be a basis for denying approval of a PUD application. 4.07.05 The ,vera 1 1 average residential aerisity shall be no greater than four dwelling units per gross acre within the PUD. The overall average residential density shall be calculated by summing the number of residential dwelling units planned within the boundary of the PUD and dividing by the total gross area expressed in acres within the boundary of the PUD. Averaging and trans- ferring of densities within the PUD shall be allowed upon a showing of conformance to the purposes of this section through appropriate utilization of the area within the PUD to achieve high standards of design and livability. The density of dwelling units in any particular area may be greater than the maximum per- mitted for a like use in other zone districts. 4.07.07 The mimimum number of acres that may comprise a PUD is two acres. 4.07.08 All uses which are permitted in any other zone district may be permitted in PUDs subject to the provisions of Section 4.06 hereof. Without limiting the generality of the foregoing, the following uses, separate or in combination, may be permitted in PUDe: (1) Single-family and multiple -family residential dwelling units in detached, semidetached, attached, groups of attached, clustered or multistoried struc- tures, or any combination thereof; (2) Sale or rental of goods of services; (3) Recreational facilities; (4) Public and private offices; (5) Mobile home parks: (6) Convention facilities; (7) Restaurants; (8) Public utilities and facilities; (9) Lodging places, including motels, hotels, lodges, and dormitories; (10) Schools and other educational institutions; (11) Churches and hospitals; (12) Business and commercial uses; (13) Industria? msP5. The uses which shall be permitted in any particular PUD shall be those permitted by the resolution zoning the particular area PUD. 4.07.09 Twenty-five percent of the total area within the boundary of any PUD shall be devoted to Common Open Space; provided, however, that the County Commissioners may reduce such requirement if they find that such decrease is warranted by the design of, and the amenities and features incorporated into, the Plan and that the needs of the occupants of the PUD for Common Open Space can be met in the proposed PUD and the surrounding area. 4.08 PUD PROCESSING 4.08.01 The approval of a PUD constitutes a Zone District Amendment, and a PUD is established by rezoning an area in an existing zone district to PUD pursuant to the provisions of this Zoning Resolution and all applicable provisions of C.R.S. 1973, Title 30, Article 28 and Title 24, Article 67. The County Commissioners are hereby declared to be the board authorized to review PUD applications pursuant to C.R.S. 1973, 24-67104(1)(c). Each PUD application shall be reviewed and approved, disapproved, or conditionally approved by the County Commissioners within 120 days of its initial filing. The approved PUD zoning and the approved PUD Plan are inseparable and a PUD shall not be established without the approval of the related PUD Plan. The approved PUD zoning and the approved PUD Plan together establish the uses permitted in lieu of the zone district regulations which were theretofore applicable. 4.08.02 An applicant shall process his application for PUD zoning under this Zoning Resolution separate from and in advance of his application or applications for sub- division platting under the Garfield County Subdivision Regulations. 4.08.03 The Plan shall show generally where within the PUD each type of use will be located and shall indicate the total acreage which will be devoted to each use. The precise location of each use and the location of lots, blocks or other parcels within each area devoted to each use shall be shown as that area is thereafter subdivided and platted in accordance with the Garfield County Subdivision Regulations. 4.08.04 The uses by right, conditional uses, minimum lot area, maximum lot coverage, minimum setbacks, maximum height of vingl inner and mil n4_11aw se and _,cnnancsr restrictions applicable to any area zoned as PUD shall be those which are approved by the County Commissioners at the time such area is so zoned. 4.08.05 The applicant shall include with his written request for PUD zoning: (1) A statement of the ownership interest in the property to be included in the PUD and the written consent of all of the owners; (2) A Plan indicating the broad concept of the pro- posed development. Such Plan shall indicate: (a) The maximum number of dwelling units proposed within the overall area; (b) The minimum acreage which will be dedicated to Common Open Space; (c) The type of uses proposed and the acreage devoted to each use; (d) Major internal circulation systems; (e) The acreage which will be dedicated for school sites; (f) The general nature and location of commercial and industrial uses, if any, to be located in the PUD; (g) Provision for water, sewer, telephone, electricity, gas and cable television, if applicable; and (h) Other restrictions proposed by the applicant such as building setbacks, height limits, access requirements, and grade or slope restrictions to be applied to particular areas; (3) A regional location map showing the relationship of the site to connecting roadways, public facilities, commercial and cultural facilities, and surrounding land uses; (4) A site map illustrating site boundaries, acreage, existing structures and the existing zoning; (5) A site topographic map showing at least 5' contour intervals, major vegetation elements, streams, rivers, ditches and areas subject to 100 -year flooding; (1) A 1 er n 3 dPsr+ri j iioi of the area which the app i ant - wishes to include in the KID; (7) A written statement containing the following information: (a) An explanation of the objectives to be achieved by the PUD; (b) A development schedule indicating the approximate dates when construction of the various stages of the PUD can be expected to begin and be completed; (c) Copies of any special covenants, conditions and restrictions, which will govern the use or occupancy of the PUD, provided, however, that the applicant may impose additional covenants, conditions and restrictions on any particular area in connection with the platting of such area; (d) A list of the owners of abutting properties located within 300 feet of the boundaries of the PUD and their addresses; (e) A statement by a licensed engineer which shall provide evidence of the following: (i) The proposed water source adequate to service the PUD; (ii) The proposed method of sewage treatment; (iii) The general manner in which storm drainage will be handled; and (iv) The general manner in which provision will be made for any potentia]. natural hazards in the area such as avalanche areas, landslide areas, flood plain areas, and unstable soils; (f) Easements showing vested legal access for ingress and egress from a public road to the PUD; and .(g) Evidence that the PUD has been designed with con- sideration of the natural environment of the site and the surrounding area and does not unreasonably destroy or displace wildlife, natural vegetation, or unique natural or historical features. The applicant may submit any other information or exhibits which he Deems vert-inent in evaluating is ro .,cd am� - •7 Via. C.�..a�.... � ua... 4.08.06 Notwithstanding the rezoning of an overall area as PUD, no portion thereof shall be used or occupied otherwise than as was permitted immediately prior to the approval of such rezoning until a final subdivision plat for said portion shall have been approved by the County Commissioners as required by the Subdivision Regulations of Garfield County. 4.08.07 Notwithstanding the provisions of Section 4.08.02 above, an applicant may elect to have the public hear- ings required by Section 3.06 of the Garfield County Subdivision Regulations and Section 10.04.01 of the Garfield County Zoning Resolution held simultaneously. In this event, notice of the time and place of such hearing shall be given in the manner prescribed by C.R.S 1973, Sections 30-28-110 and 24-67--104(1)(e). The Planning Commission and County Commissioners shall render their separate decisions as required by said Sections 3.06 and 10.04.01 respectively. 4.09 DEVELOPMENT IN STAGES 4.09.01 The applicant must begin development of the PUD within one year from the time of its final zone change approval; provided, however, that the PUD may be developed in stages. The applicant must complete the development of each stage and of the PUD as a whole in substantial compliance with the development schedule approved by the County Commissioners. 4.09.02 If the applicant does not comply with the time limits imposed by the preceding subsection, the County Com- missioners shall review the PUD and may revoke approval for the uncompleted portion of the PUO, or require that the PUD be amended, or extend the time for completion of the PUD. 4.09.03 Each stage within a PUD shall be so planned and so related to existing surrounding and available facilities and services that failure to proceed to a subsequent stage will not have a substantial adverse impact on the PUD or its surroundings. 4.09.04 If a PUD contains nonresidential uses, they may be "constructed in advance of residential uses if the County Commissioners find that such phasing is con- sistent with sound principles of ordered development and will have no substantial adverse effect on the quality or character of the PUD. 4.10 MAINTENANCE OF COMMON OPEN SPACE The Common Open Space of a PUD may be owned and main- tained by the property owners within the PUD or by an organization chosen therefrom or thereby. In the event that the organization established to own and maintain Common Open Space, or any successor organization, shall at any time after establishment of the PUD fail to maintain the Common Open Space in reasonable order and condition in accordance with the Plan, the County Commissioners may serve written notice upon such organization or upon the residents of the PUO setting forth the manner in which the organization has failed to maintain the Common Open Space in reasonable con- dition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the County Commissioners may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said 30 days or any ex- tension granted, the County Commissioners, in order to preserve the taxable values of the properties within the PUD and to prevent the Common Open Space from becoming a public nuisance, may enter upon said Common Open Space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the Common Open Space except when the same has been voluntarily dedicated to the public by the owners. Before the expiration of said year, the County Commissioners shall, upon their initia- tive or upon the written request of the organization theretofore responsible for the maintenance of the Common Open Space, call a public hearing upon notice to such organization, or to the residents of the PUD, to be held by the County Commissioners, at which hearing such organization or the residents of the PUD shall show cause why such maintenance by the County Commis- sioners shall not, at the election of the County Com- missioners, continue for a succeeding year. If the County Commissioners shall determine that such organ- ization is ready and able to maintain said Common Open Space in reasonable condition, the County Commissioners shall cease to maintain such Common Open Space at the end of said year. If the County Commissioners shall determine such organization is not ready and able to maintain said Common Open Space in a reasonable con- dition, the County Commissioners may, in their discretion, continue to maintain said Common Open Space during the next succeeding year, and subject to a similar hearing and detetmiitatiun, it' each yacct Ch tec ELw . The elosi of such maintenance by the County Commissioners shall be assessed to and paid by the owners of properties within the PUD that have a right of enjoyment of the Common Open Space, and any unpaid assessments shall become a tax lien on said properties. The County Commissioners shall file a notice of such lien in the office of the Garfield County Clerk and Recorder upon the properties affected by such lien within the PUD and shall certify such unpaid assessments for collection,' enforcement, and remittance in the manner provided by law for the collection, enforcement, and remittance of general property taxes. 4.11 FEE The County Commissioners may establish a fee schedule for PUD applications to cover the costs of processing and review in addition to the fee required for pro- cessing other Zone District Amendments. 4.12 ENFORCEMENT AND MODIFICATION OF PROVISIONS OF THE PLAN 4.12.01 The provisions of the Plan relating to the use of land and the location of Common Open Space shall run in favor of the County and shall be enforceable in law or in equity by the County without limitation on any powers or regulation otherwise granted by law. 4.12.02 All provisions of the Plan shall run in favor of the residents, occupants and owners of the PUD, but only to the extent expressly provided in the Plan and in ac- cordance with the terms of the Plan, and, to that extent, said provisions, whether recorded by plat, covenant, easement, or otherwise, may be enforced at law or in equity by such residents, occupants, or owners acting individually, jointly, or through an organization designated in the Plan to act on their behalf. 4.12.03 A11 those provisions of the Plan authorized to be enforced by the County may be modified, removed, or released by the County, subject to the following: (1) No modification, removal, or release of the pro- visions of the Plan by the County shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; and (2) No substantial modifications, removal, or release of the provisions of the Plan by the County shall be permitted exccpL upon a finding by Lbw CuuuLy, follow- ing a public hearing called and held in accordance with the provisions of C.R.S. 1973, 24-67-104, that the modification, removal, or release is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the'enjoyment of land abutting upon or across a street from the PUD or the public interest, and is not granted solely to confer a special benefit upon any person. 4.12.04 Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the Plan, modify, remove, or release their rights to enforce the provisions of the Plan, but no such action shall affect the right of the County to enforce the provisions of the Plan. 10.00 AMENDMENT 10.01 CLASSIFICATION The County Commissioners may amend the number, shape, boundaries or area of any district, or any regulation of or within such district or any other provision of this Resolution. Amendments may be of one of the following general classifications: 10.01.01 Amendment to the text of this Resolution and not affect- ing the shape, boundaries or area of any district; such amendment shall be referred to hereinafter as a Text Amendment; 10.01.02 Amendment changing the zone district designation of a specific lot or lots to any other single district designation, such amendment shall be referred to here- inafter as a Zone District Amendment; 10.01.03 Amendment changing the zone district designation of a specific lot or lots from any zone district designation to a combination of zone district designations arranged to permit development of a Planned Unit Development; such amendment shall be referred to hereinafter as a Panned Unit Development Amendment_ 10.02 INITIATION The following persons or officials may initiate amend- ments to this Resolution: 10.02.01 Text Amendment:' Any owner of real property affected by such a change, the County Commissioners or the Planning Commission; 10.02.02 Zone District Amendment: Owners of real property located within the area proposed to be subject to the zone district change, the County Commissioners, the Planning Commission; 10.02.03 Planned Unit Development: All the owners of the real property to be included with the proposed Planned Unit Development. 10.03 SUBMITTAL Each landowner application for amendment shall be in the form of a written request to the County Commissioners identifying the applicant and clearly stating the nature of the proposed amendment and reasons in support of such change. -85- 10.03.01 An application for change in Zone District, or for a Planned Unit Development shall be accompanied by the Zone District Map of the subject property showing the property proposed for change, the use and owners of record of adjacent property, and any other information which may be noted thereon to explain the proposed amendments. 10.03.02 An application for a Planned Unit Development shall also be accompanied by a general development plan indicating the several zone district designations requested. 10.03.03 Fee for Map Amendment: For proposed amendments to an official Zone District Map, a fee of One Hundred Dollars ($100.00), payable to the County Treasurer, shall be charged to the applicant to cover the costs of processing. 10.04 PROCEDURES The County Commissioners shall refer each proposed amendment to the Planning Commission. The Planning Commission shall report its approval, disapproval, or recommendation to the County Commissioners within sixty (60) days of such referal of the proposed amendment by the County Commissioners except as stated in Section 4.08.01 of the Planned Unit Development provisions of this Resolution. 10.04.01 Prior to final adoption of any amendment to this Resolution, the County Commissioners shall hold a public hearing thereon, at least ten (10) days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Except for text amendments, notice of such public hearing shall also be sent by mail at least five (5) days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. 10.04.02 Approved amendments to any Zone District Map shall be promptly entered on the appropriate sheet of the Zone District Map, and Planned Unit Developments shall be labeled as such. One copy of each approved application shall be retained in the records of the Building Official to insure that development proceeds in con- formance with the approved plans. 11.00 INTERPRETATION In their application and interpretation, the provisions of this Resolution shall be held to be minimum require- ments. This Resolution is not intended to repeal, -86- txc -ref F11 DA ke li44k Zogig+ kvs.e..34.) RESOLUTION NO. 79-132 WHEREAS, on the 2nd day of January, 1979, this Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 79-1, concerning a Zoning Resolution for the County of Garfield, State of Colorado; and WHEREAS, this Board is authorized by the provisions of C.R.S. 1973, 30-28-109 through 30-28-116 to provide for the approval of amendments to such Zoning Resolution; and WHEREAS, pursuant to such authority, this Board has proposed certain text amendments to the said Zoning Resolution, which were on file for public inspection in the Office of the Garfield County Clerk and Recorder for a period of thirty days beginning the 14th day of September, 1979; and WHEREAS, a public hearing was held on the 15th day of October, 1979, upon'the question of the adoption of the pro- posed text amendments, pursuant to public notice required by law; and WHEREAS, the public was, at such public hearing, given the opportunity to voice its opinions regarding the proposed text amendments, which opinions have been given full consid- eration by this Board; and WHEREAS, this Board has determined that certain of the proposed text amendments are necessary to make the aforementioned Garfield County Zoning Resolution consistent with Colorado statutes and to improve the efficiency and clarity of said Zoning Resolution; NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted by this Board on the 2nd day of January, 1979, and identified as its Resolution No. 79-1, shall be and hereby is amended as follows: AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The Garfield County Zoning Resolution shall be amended by the addition of a Section 9.02.03, which shall read as follows: Action by the County Commissioners: Upon receiving an application for conditional use permit and recom- mendation regarding public hearing from the Planning Director, the County Commissioners shall either (1) grant the conditional use permit without conditions, (2) provide the applicant with an opportunity for hear- ing, subsequent to which the County Commissioners may grant or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution, or (3) schedule a public hearing upon the conditional use application, at which the applicant and interested parties, including county representatives, will be provided an opportunity to express their opinions regarding such application, sub- sequent to which public hearing the County Commissioners may grant, or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution. A hearing shall be held no later than 30 days following the receipt of the Conditional Use Permit application unless such time is extended by the County Commissioners. The County Commissioners may refer a request for conditional use permit to the County Planning Commission for its review and recommendation. Public Notice shall be provided in accordance with the provisions of Sections 9.03.03(1) and (2), if public hearing held. The concurring vote of the majority of the County Commissioners shall be necessary to decide that the conditional use permit shall be conditionally granted upon specific conditions. The County Commissioners shall take action on the conditional use permit appli- cation and notify the applicant of their decision, in writing, within fifteen (15) days following the public hearing. The decision shall state specific findings of fact relevant to all essential issues. If the permit is conditionally granted, such decision shall include reasons for conditions imposed. The first clause of Section 9.03.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Application: All special use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all infor- mation required of an application for a permit and sub- ject to all administrative procedures thereof plus the following: The number "7.02.03" contained in Section 9.04.02 of the Garfield County Zoning Resolution shall be amended to read "9.05.03". Section 10.04.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Prior to final adoption of any amendment to this Resolution, the County Commissioners shall hold a public hearing thereon, at least thirty (30) days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Except for text amendments, notice of such public hearing shall also be sent by mail at least fifteen (15) days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. Section 11:00 of the Garfield County Zoning Resolution shall be -3- r APPENDIX E VICINITY MAP O\OLSSON ASSOCIATES A., Proposed PSRI Zone District ^f County Road ma 3 Mile Buffer Battlement Mesa PUD Township DISCLAIMER This Geographic Information System (GIS) and its components are designed as a source of reference for answering inquiries, for planning and for modeling. GIS is not intended, nor does it replace legal description information in the chain of title and other information contained in official government records such as the County Clerk and Recorders office or the courts. In addition, the representations of locations in this GIS cannot be substituted for actual legal surveys. 0 0.5 Miles A Project Number: 016-2837 Drawn By: SBS Revision Date: 11/7/2016 Vicinity Map Battlement Mesa Company Battlement Mesa PUD Garfield County, CO Sec 18, T7S, R95W and Sec 13, T7S, R96W, 6th PM arEmeiliew BATTLEMENT MESA COMPANY Figure 1 r APPENDIX F PUD PLAN/ZONING MAPS O\OLSSON ASSOCIATES J Revision Date By 0) 0, 0 6 4 w 0 0, \2006\479 062_URSA\dwg\ Zoning_description_exhibit_2016 dwg Plotte Line Table Line # Direction Length L1 N56'33'56"E 95.61' L2 N15'45'10"W 150.60' L3 N50'45'00"W 12.00' L4 N13'45'00"W 29.50' L5 N83'45'00"E 10.00' L6 N33'48'22"E 9.00' L7 N17'37'00"E 180.00' L8 S88'23'00"E 90.05' L9 S42'18'47"E 100.74' L10 N01'46'22"E 236.29' L11 S56'33'56"W 95.61' Curve Table Curve # Length Radius Delta Chord Direction Chord Length C1 209.14' 492.00' 24'21'19" N44'23'16"E 207.57' C2 257.90' 425.00' 34'46'06" N49'35'41'E 253.96' C3 166.38' 325.00' 29'19'57" S46'52'36"W 164.57' C4 251.65' 592.00' 24'21'19" S44'23'16"W 249.76' East Y4 Corner Section 5 tom pNo Southeast Cor Section 5 Unplatted Battlement Mesa P.U.D. Reception No. 333476 & Unrecorded Resolution No. 82-138 (21 June, 1982) Unplatted Battlement Mesa P.U.D. Reception No. 333476 & Unrecorded Resolution No. 82-138 (21 June, 1982) • X 11 itA Located in Section 18, T. 7 S., R. 95 W. of the 6th P.M., and Section 13, T. 7 S. R. 96 W. of the 6th P.M. Garfield County, Colorado Lot 4 River Bluff Filing 1 Reception #371428 (15.10 Acres± 658,019 Sq.Ft.±) 100' Right of Way River Bluff Road Reception No. 398302 Burke, Dennis PO Box 114 Parachute, CO 8163 O River Bluff Filing 5 Recep tion#352323 100' Right of Way River Bluff Road Reception No. 398302 (C. R. 307) Unplatted Battlement Mesa P.U.D. Reception No. 333476 & Unrecorded Resolution No. 82-13 (21 June, 1982) ONDEROSA CIRCLE • os m-- Creek Villa Portion of Parcel Reception #333476 (22.12 Acres± 963,726 Sq.Ft.±) c eptio 1 8004 9 Unplatted Battlement Mesa P.U.D. Reception No. 333476 & Unrecorded Resolution No. 82-138 (21 June, 1982) East Y4 Corner Section 5 70, 0) Lr)Om 0 ' P.O.B. PORTION OF PARCEL GRAPHIC SCALE 200 0 100 200 400 A(1 A / J / K7 O$' 0 Unplatted Battlement Mesa P.U.D. Reception No. 333476 & Unrecorded Resolution No. 82-138 (21 June, 1982) Southeast Corner Section 5 800 ( IN FEET ) 1 inch = 200 ft. \ Lot 1 River Bluff Filing 6 Reception#344070 6SGM 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Battlement Mesa Garfield County, CO Re—Zoned Parcel Descriptions: A portion of a parcel of land located within the Battlement Mesa Planned Unit Development (hereinafter referred to as P.U.D.) as described in that document recorded as Reception No. 333476 in Garfield County Records (hereinafter referred to as G.C.R.) and amended by unrecorded Resolution No. 82-138 dated 21 June, 1982, also lying within the West 13 of Section 18, Township 7 South, Range 95 West, of the 6th Principal Meridian and the East 13 of Section 13, Township 7 South, Range 96 West, of the 6th Principal Meridian, Garfield County, Colorado and being more particularly described as follows: COMMENCING at the most Northeasterly corner of the said P.U.D., being the Point of Beginning of the legal description contained in said Reception No. 333476 also being the East Quarter Corner of Section 5, of said Township 7 South, Range 95 West, from which the Southeast corner of said Section 5 bears S 00°15'43" W a distance of 2605.35 feet (Basis of Bearings for this description); THENCE S43'49'15"W for a distance of 16906.16 feet to the South Corner of Lot 1, River Bluff Filing 1, recorded as Reception No. 371428 and being the TRUE POINT OF BEGINNING; Thence S 31'20'06" E a distance of 286.57 feet to a point on the North Line of Lot 1, River Bluff Filing 6, recorded as Reception No. 344070; Thence N 58'38'55" E along the North Line of said Lot 1 a distance of 1140.30 feet; Thence S 4218'47" E along the North Line of said Lot 1 a distance of 100.74 feet to a point on the North Line of Tamarisk Subdivision Filing 2, recorded as Reception No. 323297; Thence N 5418'41" E along the North line said Tamarisk Subdivision Filing 2 a distance of 308.20 feet; Thence N 22'27'51" E a distance of 1055.60 feet; Thence N 01'46'22" E a distance of 236.29 feet to a point on the Southern Right of Way of River Bluff Road, recorded as Reception No. 398302; Thence 166.38 feet along said Southern Right of Way along a non—tangent curve to the left, having a radius of 325.00 feet, a central angle of 29'19'57", the chord of which bears S 46°52'36" W a distance of 164.57 feet; Thence 251.65 feet along said Southern Right of Way along a curve to the right, having a radius of 592.00 feet, a central angle of 24°21'19", the chord of which bears S 44'23'16" W, a distance of 249.76 feet; Thence S 56'33'56" W along said Southern Right of Way a distance of 95.61 feet to a point on the North Line of Said Lot 1, River Bluff Filing 6; Thence along the North Line of said Lot 1 the following five (5) courses: Thence S 35'01'13" W a distance of 792.10 feet; Thence N 78'40'06" W a distance of 243.40 feet; Thence S 5817'17" W a distance of 492.03 feet; Thence S 29'02'34" W a distance of 167.30 feet; Thence S 41'48'15" W a distance of 425.35 feet; to the TRUE POINT OF BEGINNING; The above described parcel contains 22.12 acres (963,726 square feet), more or less. Also; A parcel of land located within the Battlement Mesa Planned Unit Development (hereinafter referred to as P.U.D.) as described in that document recorded as Reception No. 333476 in Garfield County Records (hereinafter referred to as G.C.R.) and amended by unrecorded Resolution No. 82-138 dated 21 June, 1982, said parcel also lies within the West 134 of Section 18, Township 7 South, Range 95 West, of the 6th Principal Meridian and the East 134 of Section 13, Township 7 South, Range 96 West, of the 6th Principal Meridian, Garfield County, Colorado and being more particularly described as follows: Lot 4, River Bluff Filing 1, according to the plat thereof, recorded as Reception No. 371428 in the G.C.R. The above described parcel contains 15.10 acres (658,019 square feet), more or less. Notes: — The purpose of the document is to depict a re—zoning of two parcels. The current zone for both parcels is PSR (Public, Semi—Public and Recreational), the new zone for both parcels is PSR (I) (Public, Semi—Public, Recreational and Injection Well) Units of measurement: US Survey Feet. - Basis of Bearings: S 0015'43" W a distance of 2605.35 feet between the East Y4 Corner and the Southeast Corner of Section 5, Township 7 South, Range 95 West, of the 6th Principal Meridian. — SGM will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. - The property shown hereon is subject to all easements, rights—of—way, building setbacks or other restrictions of record, as such items may affect this property. This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances of record. Exhibit A Re -Zoning Job No. 2006-479.062 Drawn by: TB Date: 10.31.16 JW File: Zoning_description_exhibit_2016 Of of 1 1 Battlement Mesa Colorado PARACHUTE AGRICULTURE RESIDENTIAL RURAL DENSITY CtI Graphic Scale 0 750 1500 3000 In Feet: 1"=1500` AGRICULTURE RESIDENTIAL RURAL DENSITY a Ter AGRICULTURE.— RESIDENTIAL RURAL DENSITY AGRICULTURE RESIDENTIAL �, RURAL = DENSITY II � • / 5 ROR • AGRICULTURE RESIDENTIAL RURAL DENSITY LEGEND PSR - PUBLIC SEMI•PUBLTL AND RECREATIONAL WR - LOW DENSITYRESIDENTAL MDR - MEDIUM DENSITY RESIDENTIAL NC - NEIGHBORHOOD COMMERCIAL CAR - CENTRAL AREA RESIDENTIAL MHR - MOBILE HOME RESIDENTIAL RDR- RURAL DENSITY RESIDENTIAL fiC - BUSINESS CENTER PSR /1) • PUBLIC; SEMI•PUBLIC, RECREA77ONAL AND INJECTION WEIL AGRICULTURE RESIDENTIAL RURAL DENSITY BA TTLEMEN ' MESA ZONING MAP Late: 70/27/I8 r APPENDIX G PUD REGULATIONS AND GUIDE O\OLSSON ASSOCIATES BATTLEMENT MESA PUD GUIDE • %• ,.$i ce-y :.r - . . 4Q { 1. +tib I *Or•of.r YF -ice' leF ••4k," i, .17 P._ • : 6TH AMENDED AND ESTATED PUD GUIDE January 1, 2014 Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Battlement Mesa PUD Zone District Regulations 1.0 RDR — Rural Density Residential. 1.1 Uses by right: Detached single-family dwellings and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for single-family residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the Rural Density Residential Zone District. 1.2 Uses, conditional: Church, school, community building , day nursery, fire station, and other public uses. 1.3 Uses, special: Extraction and processing of natural resources. 1.4 Intensity of Use: A maximum of 1.0 dwelling unit per gross acre. 1.5 Minimum Lot Area: 12,500 square feet. 1.6 Maximum Site Coverage: For detached single-family dwellings, without common area as part of the plat at the time of subdivision, not more than 45% of each lot shall be covered by buildings and parking areas. For detached single-family dwellings with common open area as part of the plat at the time of subdivision, not more than 50% of the platted area shall be covered by buildings, parking areas, and private streets. 1.7 Minimum Setbacks: 1. Front Yard a. Arterial or Collector Street: i. No residential structures shall front on an arterial or collector street. ii. For all other uses, 100 feet from street centerline or 50 feet from front lot line, whichever is greater. b. Local Street: i. For residential structures 50 feet from street centerline or 25 feet from the front lot line, whichever is greater. ii. For all other uses, 100 feet from street centerline or 50 feet from front lot line, whichever is greater. 2 I rage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 2. Rear Yard: 20 feet from rear lot line. 3. Side Yard: 10 feet form side lot line. On corner lots, the site yards ahll be 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the side yard. 1.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 1.9 Minimum Off -Street Parking: 1. Two spaces per dwelling unit; 2. For all other uses, see Supplementary Regulations in Section 10.6. 1.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 3 H gage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 2.0 LDR — Low Density Residential 2.1 Uses by right: Detached single-family dwellings and attached single-family dwellings (either townhouses or zero -lot -line houses) and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for single-family residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the Low Density Residential Zone District. 2.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 2.3 Uses, special: Extraction and processing of natural resources. 2.4 Intensity of Use: A maximum of 5.0 dwelling units per gross acre. 2.5 Minimum Lot Area: 1. For single-family detached dwelling, 7,500 square feet. 2. For townhouse attached single-family dwellings, 2,200 square feet. 3. For zero -lot -line attached single-family dwelling, 4,000 square feet. 2.6 Maximum Site Coverage: For detached and attached single-family dwellings without common area as part of the plat at time of subdivision, not more than 60% of each lot shall be covered by buildings and parking areas. For detached and attached single-family dwellings with common open area as part of the plat at the time of subdivision, not more than 70% of the platted area shall be covered by buildings, parking areas, and private streets. 2.7 Minimum Setbacks: 1. Front Yard a. For single-family detached dwellings: i. Arterial or collector streets: no structure shall front on an arterial or collector street. ii. Local Streets: 50 feet from street centerline or 25 feet from lot line, whichever is greater. b. For zero -lot -line and townhouse attached single-family dwellings: 41 age *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* i. Arterial or collector streets: no structure shall front on an arterial or collector street. ii. Local Streets: 25 feet from front lot line, if there is a front -facing garage; or no setback if there is a side -facing garage or at least 25 feet of common open space between the curb line and the lot line. c. For all other uses: i. Arterial or collector streets: 100 feet form street centerline or 50 feet from front lot line, whichever is greater. ii. Local Streets: 25 feet from front lot line, if there is a front -facing garage; or no setback if there is a side -facing garage or at least 25 feet of common open space between the curb line and the lot line. 2. Rear Yard: a. For single-family detached dwellings 15 feet from the rear lot line. b. For zero -lot -line and townhouse attached single-family dwelling: i. 10 feet from rear lot line if no alleys or rear utility easements are provided. ii. No rear yard is required where alleys or utility easements are provided and no automobile access is allowed. iii. Where automobile access is taken: a) 25 foot setback where there is a rear -facing garage. b) No setback for a side -facing garage. c) No setback if there is at least 25 feet of common open space between the alley pavement and the lot line. c. For all other uses: 25 feet when adjacent to residential uses or 10 feet when not adjacent to residential uses. 3. Side Yard: a. For single-family detached 6 feet from side lot line. On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the side yard. b. For zero -lot -line dwellings 10 feet on one lot line and no setback on the opposite lot line. No accessory buildings shall be permitted within the required side yard. c. For townhouse attached single-family dwellings no side yards are required except for corner lot conditions. On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard; 5 I nage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* the side yard shall be 15 feet when no automobile access is taken across the side yard. d. For all other uses: 10 feet from a side lot line or 25 feet for a side yard on a corner lot. 2.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 2.9 Minimum Off -Street Parking: 1. For single-family detached dwelling two spaces per unit. 2. For townhouses and zero -lot -line attached single-family dwellings two spaces per dwelling unit and 1/2 visitor space provided or in common community open space or a combination thereof. 3. For multiple -family dwelling one and one-half spaces per dwelling unit. 4. For all other uses: see Supplementary Regulation (Section 10.6). 2.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 1. For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. 2. No portion of any building shall extend beyond lot lines into public easements or public rights-of-way. 3. For zero -lot -line and townhouse dwelling no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. 6 I rage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3.0 MDR Medium Density Residential 3.1 Uses by right: Single-family detached dwellings, townhouse dwellings (either attached or detached), zero -lot -line dwellings (either attached or detached), two- family and multiple -family dwellings, and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the MDR Zone District. 3.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 3.3 Uses, special: Extraction and processing of natural resources. 3.4 Intensity of Use: A maximum of 12.0 dwelling units per gross acre. 3.5 Minimum Lot Area: 1. 600 square feet for townhouse dwellings. 2. 2,000 square feet for zero -lot -line dwellings. 3. 7,500 square feet for single-family detached and two-family dwellings. 4. 9,000 square feet for multiple -family dwellings. 3.6 Maximum Site Coverage: 1. For single-family detached dwellings, zero -lot -line dwellings and two- family dwellings without common open area as part of the plat at the time of subdivision, not more than 70% of each lot shall be covered by buildings, drives and parking areas. For single-family detached dwellings, zero -lot -line dwellings and two- family dwellings with common open area as part of the plat at the time of subdivision, not more than 80% of each lot shall be covered by buildings, drives and parking areas. 7 H gage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 2. For multiple -family dwellings, not more than 75% of the platted area at the time of the subdivision shall be covered by buildings, parking areas and streets. 3. A lot shall not be limited to one principal structure provided: a. The uses of each structure shall be allowed within the applicable zone district; b. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. c. The entire lot remains under one ownership. 3.7 Minimum Setbacks: 1. Front Yard a. For single-family detached dwellings and two-family dwellings: i. Arterial or Collector Streets: no structure shall front on an arterial or collector street. ii. Local Streets: 50 feet from street centerline or 25 feet from lot line, whichever is greater. b. For multiple -family dwellings: i. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. ii. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. iii. Local Streets: 50 feet from street centerline or 25 feet from front lot line, whichever is greater. c. For zero -lot -line and townhouse dwellings: i. No lot shall front on an arterial or collector street. ii. Local Streets: 20 feet Front Setback from the front lot line, if there is a front -facing garage; or no setback if there is a side -facing garage or at least 20 feet of common open space between the curb line and the lot line. d. For all other uses: i. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. ii. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. iii. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 8 I rage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* a. For single-family detached dwellings, two-family dwellings and multiple -family dwellings 15 feet from the rear lot line. b. For zero -lot -line and townhouse dwelling: i. 10 feet from rear lot line if no alleys or rear utility easements are provided. ii. No rear yard is required where alleys or utility easements are provided and no automobile access is allowed. iii. Where automobile access is taken across the rear yard: a) 25 foot rear setback where there is a rear -facing garage. b) No rear setback for a side -facing garage. c) No rear setback if there is at least 25 feet of common open space between the alley pavement and the lot line. c. For all other uses: 25 feet rear setback when adjacent to residential uses or 10 feet when not adjacent to residential uses. 3. Side Yard: a. b. c. For single-family detached, two-family and multiple -family dwellings 6 feet setback from side lot line. On corner lots, the side yard setback shall be 25 feet when automobile access is taken across the side yard; the side yard setback shall be 15 feet when no automobile access is taken across the side yard. For zero -lot -line dwellings 10 feet setback on one lot line and no setback on the opposite lot line. No accessory buildings shall be permitted within the required side yard setback. For townhouse dwellings no side yards are required except for corner lot conditions. On corner lots, the side yard setback shall be 25 feet or at least 25 feet of common open space between the curb line and the lot line when automobile access is taken across the side yard; the side yard setback shall be 15 feet or at least 15 feet of common open space between the curb line and the lot line when no automobile access is taken across the side yard. 3.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 3.9 Minimum Off -Street Parking: 1. For single-family detached dwelling two spaces per unit. 2. For two-family dwellings two spaces per dwelling unit. 9 H gage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3. For townhouses and zero -lot -line dwellings two spaces per dwelling unit provided on the lot or in common community open space or a combination thereof. 4. For multiple -family dwelling (1 %) spaces per dwelling unit. 5. For all other uses: see Supplementary Regulation (Section 10.6). 3.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 1. For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. 2. No portion of any building shall extend beyond lot lines into public easements or public rights-of-way. 3. For zero -lot -line and townhouse dwelling no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. 3.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82- 121) 1. An "Attached Townhouse Dwelling" shall be a single-family dwelling unit which occupies an individual platted townhome lot, and shares one or more common property lines with a directly adjacent and abutting townhome lot, and shares one or more common building walls with said adjacent and abutting townhome dwelling, and extends from the lowest to the highest point of the building between said common walls. 2. A "Detached Townhouse Dwelling" shall be a single-family dwelling unit which occupies and individual platted townhome lot and does not share any common property lines with any other townhome lot, and said townhome lot is surrounded by dedicated community common area. 3. An "Attached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies an individual platted zero -lot -line lot and shares one common building side wall with an adjacent lot zero -lot -line dwelling, and extends from the lowest to the highest point of the building between said common walls. 101 nage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 4. A "Detached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies and individual platted zero -lot -line lot and does not share a common building side wall with an adjacent lot zero -lot -line dwelling. 11 l page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 4.0 CAR — Central Area Residential 4.1 Uses by right: Single-family detached dwellings, townhouse dwellings (either attached or detached), zero -lot -line dwellings (either attached or detached), two- family and multiple -family dwellings, and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to the use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. Temporary real estate sales offices and model homes used only for the purpose of initial sales by the developer of property located within the CAR Zone District. 4.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 4.3 Uses, special: 1. Extraction and processing of natural resources. 2. Guest Suite within multi -family dwellings when in conformance with the requirements of the Garfield County Zoning Resolution, as amended, and the following additional provisions; a. Guest suites may be converted to long term use, provided long term tenants are advised of the guest suite use of other units in writing prior to signing of the least. b. Conversion of long term units (rental by the month) to guest suites may be allowed when the following conditions have been satisfied: i. Guest suites shall be concentrated within a single structure or grouping of structures located so as to minimize the possible conflicts between long term tenants and guest suite tenants. ii. Long term tenants located within a multifamily complex where common facilities such as, but not limited to, parking and access drives or recreation facilities shall be notified of the public hearing to review a Special Use Permit application in accordance to the procedures of the Garfield County Zoning Resolution, as amended. iii. All long term tenants occupying a unit designated for conversion to a guest suite as approved by the Special Use permit, shall be released from the terms of any verbal or written agreement requiring a minimum time period for the rental of the unit, and an alternate comparable unit made available to the tenant, and the expense of moving to an alternate unit in the area shall be paid by 121, -)age *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* the lessor. Long term residents shall be allowed to reside in a building being converted into guest suites, if they so choose. iv. All long term tenants within a housing complex where certain common facilities (parking, drives, common recreation facilities, etc.) will be utilized by both long term and guest suite tenants shall, within 10 days of approval of the Special Use Permit be advised fo the guest suite use of other units and facilities, in writing. v. Management and maintenance response shall be available twenty- four hours per day. 4.4 Intensity of Use: 1. For townhouse dwellings, zero -lot -line dwellings, tow -family and multiple - family dwellings, a maximum of20.0 dwelling units per gross acre. 2. For single-family detached dwellings, a maximum of 12.0 dwelling units per gross acre. 4.5 Minimum Lot Area: 1. 600 square feet for townhouse dwellings. 2. 2,000 square feet for zero -lot -line dwellings. 3. 7,500 square feet for single-family detached dwellings and two-family dwellings. 4. 20,000 square feet for multiple -family dwellings. 4.6 Maximum Site Coverage: 1. For single-family detached dwellings, zero -lot -line dwellings and two- family dwellings without common open area as part of the plat at the time of subdivision, not more than 70% of each lot shall be covered by buildings and parking areas. 2. For single-family detached dwellings, townhouse dwellings, zero -lot -line dwellings and two-family dwellings with common open area as part of the plat at the time of subdivision, not more than 80% of each lot shall be covered by buildings and parking areas. 131 page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3. For multiple -family dwellings, not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking and private streets. 4. A lot shall not be limited to one principal structure provided: a. The uses of each structure shall be allowed within the applicable zone district. b. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. c. The entire lot remains under one ownership. 4.7 Minimum Setbacks: 1. Front Yard Setback: a. For multiple -family dwellings: i. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. ii. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. iii. Local Streets: 50 feet from street centerline or 25 feet from lot line, whichever is greater. b. For zero lot -line and townhouse dwellings: i. No lot shall front on an arterial or collector street. ii. Local Streets: 20 feet setback from the front lot line, if there is a front -facing garage; or no front setback if there is a side -facing garage or at least 20 feet of common open space between the curb line and the lot line. c. For single-family detached dwellings and two-family dwellings: i. Arterial or Collector Streets: no structure shall front on an arterial or collector street ii. Local Street: 20 feet setback form the front lot line, if there is a front -facing garage; or no front setback if there is a side -facing garage or at least 20 feet of common open space between the curb line and the lot line. d. For all other uses: i Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. ii. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. 141 rage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* iii. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard Setback: a. For single-family detached dwellings, two-family and multiple -family dwellings, 15 feet from the rear lot line. b. For zero -lot -line and townhouse dwellings: i. 10 feet setback from rear lot line if no alleys or rear utility easements are provided. ii. No rear setback is required where alleys or utility easements are provided and no automobile access is allowed. iii. Where automobile access is taken across the rear yard: a) 25 foot rear setback where there is a rear -facing garage. b) No rear setback for a side -facing garage. c) No rear setback if there is at least 25 feet of common open space between the alley pavement and the lot line. c. For all other uses: 25 feet rear setback when adjacent to residential uses or 10 feet rear setback when not adjacent to residential uses. 3. Side Yard Setbacks: a. For two-family detached dwellings, two—family and multiple -family dwellings, 6 feet from side lot line. On corner lots, the side yard setback shall be 25 feet when automobile access is taken across the side yard; the side yard setback shall be 15 feet when no automobile access is taken across the side yard. b. For zero -lot -line dwellings 10 feet setback on one side lot line and no setback on the opposite side lot line. No accessory buildings shall be permitted within the required side yard. c. For townhouse dwellings no side yards are required except for corner lot conditions. On corner lots, the side yard shall be 25 feet or at least 25 feet of common open space between the curb line and the lot line when automobile access is taken across the side yard; the side yard shall be 15 feet or at least 15 feet of common open space between the curb line and the lot line when no automobile access is taken across the side yard. 4.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 151 age *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 4.9 Minimum Off -Street Parking: 1. For single-family detached dwellings, two-family dwellings, two (2) spaces per dwelling unit. 2. For zero -lot -line and townhouses dwellings, two (2) spaces provided on the lot or in common community open space or a combination thereof. 3. For multiple -family dwelling 1 1/2 spaces per dwelling unit. 4. For all other uses: see Supplementary Regulation (Section 10.6). 4.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 1. For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. 2. No portion of any building shall extend beyond lot lines into public easements or public rights-of-way. 3. For zero -lot -line and townhouse dwelling no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. 4.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82- 121) 1 An "Attached Townhouse Dwelling" shall be a single-family dwelling unit which occupies an individual platted townhome lot, and shares one or more common property lines with a directly adjacent and abutting townhome lot, and shares one or more common building walls with said adjacent and abutting townhome dwelling, and extends from the lowest to the highest point of the building between said common walls. 2. A "Detached Townhouse Dwelling" shall be a single-family dwelling unit which occupies and individual platted townhome lot and does not share any common property lines with any other townhome lot, and said townhome lot is surrounded by dedicated community common area. 3. An "Attached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies an individual platted zero -lot -line lot and shares one common building side wall with an adjacent lot zero -lot -line dwelling, and 161, -)age *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* extends from the lowest to the highest point of the building between said common walls. 4. A "Detached Zero -Lot -Line Dwelling" shall be a single-family dwelling unit which occupies and individual platted zero -lot -line lot and does not share a common building side wall with an adjacent lot zero -lot -line dwelling. 171 page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 5.0 MHR — Mobile Home Residential 5.1 Uses by right: Mobile and manufactured homes, single-family detached dwellings, and customary accessory uses, including buildings for the shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; day nursery; park. Mobile home parks, camper parks, recreational vehicle parks including park models and customary accessory uses, including buildings for the shelter of property and services accessory to mobile home, camper and recreational vehicle park purposes. Park models are recreational vehicles which are allowed to remain in the same location within a designated recreational vehicle park for an unrestricted period of time. Temporary real estate offices and model homes used only for the purpose of initial sales by the developer of the property located within the Mobile Home Residential Zone District. 5.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 5.3 Uses, special: Extraction and processing of natural resources. 5.4 Intensity of Use: 1. A maximum of 9.0 mobile home units per gross acre. 2. A maximum of 18.0 recreational vehicles lots or spaces per gross acre. 5.5 Minimum Lot Area: 1. Single-family lot - 3,000 square feet 2. Recreational vehicle lot or space — 1, 500 square feet 5.6 Maximum Site Coverage: For single-family dwellings and mobile homes not more than 60% of each lot shall be covered by buildings and parking areas. For camper and recreational vehicle parks no maximum site coverage shall apply. No more than two (2) camper vehicles shall be allowed on any one mobile home space. 5.7 Minimum Setbacks: Minimum setbacks requirements of the adjacent zone district regulations shall be observed on the periphery of the mobile home park. 181 Page *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 1. Front Yard a. Arterial or Collector Streets: no structure shall fornt on an arterial or collector street. b. Local Streets: 17 feet from the front lot line. 2. Rear Yard: 6 feet from the lot line. 3. Side Yard: 6 feet from the side lot line. On corner lots, the side yard shall be observed along the street with the longest lot line dimension. 4. Through Lots: Lots extending from one street to another paralleling street shall consider the street with the narrowest right-of-way as the front street for the purpose of calculating the front yard setback. The opposite yard shall be considered the rear yard if the provisions of Section 10.4 of the Supplemental Regulations have been satisfied. 5. Recreational Vehicle Lots: Recreational vehicle and camper lots and spaces shall be separated from single-family dwellings by a dedicated street right-of-way, a minimum 15 foot wide greenbelt or a rear yard. 5.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 5.9 Minimum Off -Street Parking: 1. Two spaces per dwelling unit. 2. For all other uses: see Supplementary Regulation (Section 10.6). 5.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 191 nage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 6.0 NC — Neighborhood Center 6.1 Uses by right: Retail commercial establishments not exceeding 15,000 square feet of building area for each principal use, including grocery, dry goods, hardware, bakery, liquor, drug, florist, books and similar uses. Personal service establishments not exceeding 5,000 square feet of building area for each principal use, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), banks, and similar uses. Offices for business and professional uses. Gasoline service stations with two or less service bays, which must be sited with limited vehicular access and service areas reasonably screened from public view self-service storage facilities. Unmanned carwash facilities (coin operated self-service or automatic touch -free) with four or less wash bays and vacuum stations, which must be sited with limited vehicular access. 6.2 Uses, conditional: Church, community building, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 6.3 Uses, special: Extraction and processing of natural resources. 6.4 Intensity of Use: See general conditions under Supplementary Regulations. 6.5 Minimum Lot Area: 7,000 square feet. 6.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: 1. The uses of each structure shall be allowed within the applicable zone district. 2. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 201, -)age *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3. The entire lot remains under one ownership. 6.7 Minimum Setbacks: 1. Front Yard: a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. b. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. c. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 6.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 6.9 Minimum Off -Street Parking: 1. Retail commercial and personal service: One parking space per 200 square feet of floor area (except storage areas). 2. Office: One parking space per 300 square feet of floor area. 3. Gasoline Service Stations: Minimum of 4 spaces excluding service areas and service bays. 4. For all other uses: see Supplementary Regulation (Section 10.6). 6.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 21 1 nage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 7.0 OP — Office Park 7.1 Uses by right: Offices for business and professional uses; research facilities, testing laboratories, and facilities for the manufacturing, fabrication, processing or assembly of products provided that such facilities are completely enclosed and provided that noise, smoke, glare, vibration, fumes, or other environmental problems which exceed normal residential conditions are confined to the user's lot. Personal service establishments not exceeding 5,000 square feet of building area for each principal use, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), within the principal building. 7.2 Uses, conditional: Church, community building, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 7.3 Uses, special: Extraction and processing of natural resources. 7.4 Intensity of Use: See general conditions under Supplementary Regulations. 7.5 Minimum Lot Area: 7,500 square feet. 7.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: 1. The uses of each structure shall be allowed within the applicable zone district. 2. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 3. The entire lot remains under one ownership. 7.7 Minimum Setbacks: 1. Front Yard a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. 22 I nage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* b. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. c. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 7.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 7.9 Minimum Off -Street Parking: 1. Research facility, testing laboratory, manufacturing, fabrication, processing, or assembly of products: One parking space per 400 square feet of floor area. 2. Office and professional uses: One parking space per 300 square feet of floor area. 3. Personal service uses: one parking space per 200 square feet of floor area (except for storage area). 4. For all other uses: see Supplementary Regulation (Section 10.6). 7.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 231, -)age *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 8.0 BC Business Center 8.1 Uses by right: Retail, commercial establishments including grocery, dry goods, hardware, bakery, liquor, drug, florist, books, sporting goods, appliances, variety stores, department stores, automotive accessory parts, furniture, garden supply, animal feed, plant nursery outlets and similar uses. Personal service establishments including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), banks and similar uses. Offices for business and professional uses. Research facilities, testing laboratories, and facilities for the manufacturing, fabrication, processing or assembly of products provided that such facilities are completely enclosed and provided that noise, smoke, glare, vibration, fumes, or other environmental problems which exceed normal residential conditions are confined to the user's lot. Churches, day-care centers and indoor theatres. Recreation facilities. Gasoline service stations with two or less service bays and without car washing facilities, which must be sited with limited vehicular access and service areas reasonably screened from public view. Motels, hotels, including eating and drinking establishments (which may include liquor). Multiple family dwellings when located above retail commercial, personal service or office uses. Public and semi-public uses as specified in this PUD. 8.2 Uses, conditional: Church, community building, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 8.3 Uses, special: Extraction and processing of natural resources. 8.4 Intensity of Use: See general conditions under Supplementary Regulations. 8.5 Minimum Lot Area: 7,500 square feet. 24 I rage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 8.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: 1. The uses of each structure shall be allowed within the applicable zone district. 2. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 3. The entire lot remains under one ownership. 8.7 Minimum Setbacks: 1. Front Yard a. Arterial Streets: 100 feet from street centerline or 50 feet from front lot line, whichever is greater. b. Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. c. Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 8.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 8.9 Minimum Off -Street Parking: 1. Retail commercial and personal service: One parking space per 200 square feet of floor are (except storage area). 2. Research facility, testing laboratory, manufacturing, fabrication, processing, or assembly of products: One parking space per 400 square feet of floor area. 3. Church or theatre: One parking space per three seats. 251 age *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 4. Office and professional uses: One parking space per 300 square feet of floor area. 5. Recreation facility: Parking shall be provided on the basis of one parking space per each four persons using the facility (figured at a maximum capacity use period). 6. Motels and hotels: One parking space per motel or hotel unit. 7. Multi -family dwellings: One and one-half parking space per dwelling unit. 8. Gasoline Service Station: Minimum 8 spaces excluding service areas and service bays. 9. For all other uses: see Supplementary Regulation (Section 10.6). 8.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 26 *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 9.0 PSR - Public, Semipublic, and Recreation 9.1 Uses by right: School sites, governmental offices, police and fire stations, library, day-care centers, public and semipublic health facilities including hospitals and clinics, recreations uses, churches, community center, neighborhood community center, water, well sites, sewage treatment facilities, water treatment and storage facilities, and other public and private utility facilities and buildings. Community open space and parks, including hiking and bicycle trails, equestrian trails, intensive use playfields, picnic areas, sledding areas, swimming pools, tennis courts, natural areas, archery, skeet shooting and similar uses. Golf course with clubhouse including eating and drinking facilities (which may include liquor); equestrian center. 9.2 Uses, conditional: Not applicable. 9.3 Uses, special: Extraction and processing of natural resources. 9.4 Intensity of Use: See general conditions under Supplementary Regulations. 9.5 Minimum Lot Area: None. 9.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: 1. The uses of each structure shall be allowed within the applicable zone district. 2. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 3. The entire lot remains under one ownership. 9.7 Minimum Setbacks: 1. Front Yard a. Arterial Streets: 75 feet from street centerline or 25 feet from front lot line, whichever is greater. b. Collector Streets: 65 feet from street centerline or 25 feet from front lot line, whichever is greater. 271, -)age *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* c. Local Streets: 50 feet from street centerline or 25 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 9.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 9.9 Minimum Off -Street Parking: 1. Church, auditorium and public assembly: One space per 3 seats. 2. Research facility, testing laboratory, manufacturing, fabrication, processing, or assembly of products: One parking space per 400 square feet of floor area. 3. Church or theatre: One parking space per three seats. 4. Office and professional uses: One parking space per 300 square feet of floor area. 5. Recreation facility: Parking shall be provided on the basis of one parking space per each four persons using the facility (figured at a maximum capacity use period). 6. Motels and hotels: One parking space per motel or hotel unit. 7 Multi -family dwellings: One and one-half parking space per dwelling unit. 8. Gasoline Service Station: Minimum 8 spaces excluding service areas and service bays. 9. For all other uses: see Supplementary Regulation (Section 10.6). 9.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 281 nage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 10.0 SR Supplementary Regulations Division of the subject lands into land use areas and their related development standards will be as shown of the PUD map and as outlined by the preceding development standards. To further avoid problems of interpretation, the following listed supplementary regulations are included as part of the Planned Unit Development. Where the preceding general standards or the following supplemental regulations do not adequately described what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. 10.1 Land Use Types: The PUD map shows generally where within the PUD each type of use is located. The precise location of each use and the location of lots, blocks and other parcels within each area devoted to each use shall be shown as that area is hereafter subdivided and platted. 10.2 Uses Permitted: The principal uses for each land use area are listed as a part of the general development standards; however, any other building, structure or use which is similar to those enumerated and not more obnoxious or detrimental to the area in which it is located shall be permitted. 10.3 Intensity of Use: In any residential area defined on the PUD map, the net density in any given part of the subdivided area may exceed the gross density which would be permitted for the entire subdivided area so long as the entire subdivided area, including open space, is within the range of the applicable gross intensity of use set forth above in the development standards. 10.4 Setbacks: The following yard requirements shall be observed in all zone districts: Through Lots: On lots extending form one street to another paralleling street, both streets shall be considered as front streets for purposes of calculating front yard setbacks unless a solid screening fence is provided for one yard only and then the yard adjacent to the fence shall be considered as a rear or side yard. Corner Lots: On residential lots bordered on two (2) contiguous sides by streets, the required front yard setback shall be observed along both streets when automobile access is taken from the side street. Two -Family Dwellings: For purposes of setback calculations, a two-family dwelling shall be construed as one building occupying one lot. 291, -)age *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Attached single-family dwellings: For purposes of setback calculations, only those attached single-family dwellings which do not share a common wall with an adjacent attached dwelling need observe the required side yard setback for the district, providing building code requirements for this type of structure are observed. Projections: Every part of the required yard shall be unobstructed from ground level to the sky except for projections of architectural features as follows: cornices, sills and ornamental features — 12 inches; food eaves — 18 inches; uncovered porches, slabs and patios, walks, steps, fences, hedges, and walls — no restriction; fire escapes and individual balconies not used as passageways may project 18 inches into any required side yard or four (4) feet into any fornt or rear yard. Accessory Building in Required Rear Yard: An accessory building may be located in a required rear yard provided not more than forty (40) percent of the rear yard is covered. Such building shall observe a seven and one-half (7 %) foot setback from the rear lot line when there is not an adjacent alley. When there is an adjacent alley it shall observe a ten (10) foot setback form lot line. Fences and Screening: A fence, hedge, or wall may be located in any required yard provided no such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall nay such structure exceed three (3) feet in height in any required front yard. No side yard or front yard hedge or fence is permitted on a corner lot adjacent to the street. 10.5 Maximum Building Height: For purposes of measuring the maximum building height, grade shall mean the original natural ground level or newly established elevation resulting from compacted fill so long as any regarded area does not exceed a four -to -one slope between the ground level of any exterior building wall and adjacent lot line or property line. 10.6 Minimum Off -Street Parking: Each off-street parking space shall be not less than 8 feet wide and 18 feet long; shall be provided with vehicular access to a street or alley/ shall be surfaced with gravel, asphalt, concrete or equivalent; shall be properly drained; and shall be located within convenient walking distance of the principal building or use for which the parking space is provided. For either detached single-family dwellings or attached single-family dwellings, tandem spaces shall be permitted. 301 nage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* Where an off-street parking space serves more than one use and peak times for parking are at different times of the day, such parking space may be included as part of the minimum requirements for each use. The following minimum parking requirements for permitted or similar (see Section 10.2) uses are: 1. Churches, community buildings, fraternal lodges and auditorium: One space per 3 seats in the assembly space. 2. Schools, elementary and middle: One space per instruction area plus one space for each 4 seats in assembly areas (including gymnasiums). 3. High schools, colleges and universities: One space per instructional area (classroom, lab, gym) plus one space per 3 students accommodated in the institution. 4. Community buildings: One space per 3 seats of assembly area. 5. Athletic stadium: One space per 4 seats. 6. Recreation facilities: One space per 4 persons using the facility (figured at a maximum capacity use period). 7 Day care center: One space per classroom area and one space per 200 square feet of office space and a minimum of 6 spaces. 8. Police and fire stations: One space per 200 square feet excluding garage areas and a minimum of 4 spaces. 9. Library and museum: A minimum of 10 spaces plus one space per 200 square feet of office or administrative areas. 10.7 Modifications: In general, the proposed development standards for the Battlement Mesa planned Unit Development correspond closely to normal criteria of the Garfield County Zoning Resolution. In some cases, the Battlement Mesa standards are more limiting, while in others typical zoning regulations appear to be more restrictive. Wherever this last situation exists, the added flexibility of development with the PUD permits desirable variety and, in some situations, essential economies of construction and maintenance. Throughout the Planned Unit Development program, special attention will be 311 age *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* given to bordering private properties so that their values as established by existing Garfield County zoning standards will be maintained. In line with Garfield County zoning requirements that no portion of a PUD shall be used or occupied, otherwise than as was permitted immediately prior to the approval of rezoning as a PUD, until a subdivision plat for said portion is approved by the Board of County Commissioners of Garfield County, Battlement Mesa, Inc., recognizes the need to design and construct each phase according to all reasonable public interest. 10.8 See Modification of definitions in 3.11 and 4.11. 10.9 Additional Restrictions: Battlement Mesa, Inc. reserves the right to make the use or occupancy of any particular area more restrictive than this PUD would permit, by provisions on the subdivision plat, restrictive covenants, or provision in the deed. 10.10 Guest Suite A multi -family dwelling unit available for daily, weekly or other interim accommodations in return for a rental fee or other form of compensation and approved as such during the subdivision review process and/or special use permit review process. 32 *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 11.0 Modifications of Subdivision Regulations The Planned Unit Development will conform to the Subdivision Resolutions of Garfield County, Colorado, adopted January 2, 1979, except as noted below or otherwise provided in this application and except as may be permitted by the Board of County Commissioners at the time of subdividing. The specific modifications set forth below are requested to better allow the developer to fulfill the previously stated purposed and objectives of this PUD. 11.1 Street Pattern (Sub. Reg. 5.02.01): The street patterns will be designed to continue to provide access to adjacent land not included in the PUD which presently have access through a public dedicated right-of-way. Adjacent privately owned land which does not presently have access of a public dedicated right—of-way through the area of the PUD will be provided appropriate access. Adjacent land in public ownership which presently does not have access off a public dedicated right-of-way through the area of the PUD will be provided appropriate access. Adjacent land in public ownership which presently does not have access off a public dedicated right-of-way through the area of the PUD will be provided access at the time of platting at the request of the public agency controlling the land. Dead-end streets may be designed with cul-de-sac head that meets the functional requirements of vehicular turning radii and snow storage; this design may vary from the 90 foot turnaround. Residential lots bordering arterial streets may be sided against the street as long as access to the lot is not from the arterial street. 11.2 Private Street (Sub. Reg. 5.02.02): Private streets may be used in areas within the PUD where through traffic is not desired and where pavement widths can be narrower than those required on public streets. In such cases, roadway widths of 20 to 24 feet may be used where the design considers traffic volumes, satisfactory off-street parking arrangements, planned snow storage areas, adequate site distances, reasonable gradients and turnarounds adequate for emergency vehicles. Furthermore in such cases for commercial, retail and office uses, setbacks of 15 to 25 feet may be used for front and side yards where the design considers the factors noted for roadway widths. At time of platting, the design, construction standards, maintenance responsibility nad policing arrangement will be presented. 11.3 Street Widths (Sub. Reg. 5.02.03): Public street widths proposed in the PUD will be determined by projected traffic volume, parking arrangements and other 33 *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. ge Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* factors at the time of platting. The range of requirements is proposed to be as follows: Range of Dedicated Range of Street Type Right -of -Way Width Roadway Width Arterial 80 to 100 feet 40 to 72 feet Collector 60 to 80 feet 36 to 44 feet Neighborhood or local 40 to 60 feet 24 to 36 feet 11.4 Grades, Curves, and Site Distances (Sub. Reg. 5.02.04): Grades, curves, and sight distance will adhere to County standards except that variances may be requested at the time of platting for neighborhood, local, or other low volume traffic streets. 11.5 Relationship to Adjacent Slopes (Sub. Reg. 5.02.05): Cut -and -fill slopes are proposed to blend with the natural topography and may extend outside public dedicated street, rights-of-way providing revegetation requirements are met. 11.6 Sidewalks, Curb and Gutter (Sub. Reg. 5.02.06): Sidewalk locations will be in accordance with the plat at the time of subdividing and will be sited so as to optimize pedestrian routes through open space to residential, educational and community facilities. Curb and gutter will be placed where necessary to direct storm drainage and where it would add to tease of road edge maintenance. Where a rural character is desired and storm drainage can be handled by ditch swales, curb and gutter may be eliminated. 11.7 Roadways (Sub. Reg. 5.02.07): Roadways will conform in construction specifications, other than width, to County requirements. Design of roadway surface may vary from parabolic crown to inverted center pitch depending upon storm drainage requirements of various areas within the PUD. 11.8 Street Names and Signs (Sub Reg. 5.02.08): Street signs will conform to a uniform system of signs and graphics designed for the total PUD area. 11.9 Minimum Standards for Zero -Lot -Line and Townhouse Projects: In zero -lot -line and townhouse projects the following minimum standards must be observed for either public or private streets: 1. A minimum of 20 feet of access drive and fire lane must be provided. 2. A minimum of 3 feet for sidewalks on each side of the access drive must be provided adjacent to the drive. 341 rage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. Resolution 82-121, 82-138, 88-049, 90-014, 96-69, 97-74, 97-108, 98-45, 2002-61, 2008-33* 3. A minimum of 20 feet must be provided adjacent to one side of the access drive for utility easements which may incorporate the sidewalk area. 35Iriage *This document is a compilation of approvals granted by the Board of County Commissioners based upon the above referenced resolutions. r APPENDIX H PROPOSED TEXT AMENDMENT O\OLSSON ASSOCIATES 10.0 SR Supplementary Regulations Division of the subject lands into land use areas and their related development standards will be as shown of the PUD map and as outlined by the preceding development standards. To further avoid problems of interpretation, the following listed supplementary regulations are included as part of the Planned Unit Development. Where the preceding general standards or the following supplemental regulations do not adequately described what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. 10.1 Land Use Types: The PUD map shows generally where within the PUD each type of use is located. The precise location of each use and the location of lots, blocks and other parcels within each area devoted to each use shall be shown as that area is hereafter subdivided and platted. 10.2 Uses Permitted: The principal uses for each land use area are listed as a part of the general development standards; however, any other building, structure or use which is similar to those enumerated and not more obnoxious or detrimental to the area in which it is located shall be permitted. 10.3 Intensity of Use: In any residential area defined on the PUD map, the net density in any given part of the subdivided area may exceed the gross density which would be permitted for the entire subdivided area so long as the entire subdivided area, including open space, is within the range of the applicable gross intensity of use set forth above in the development standards. 10.4 Setbacks: The following yard requirements shall be observed in all zone districts: Through Lots: On lots extending form one street to another paralleling street, both streets shall be considered as front streets for purposes of calculating front yard setbacks unless a solid screening fence is provided for one yard only and then the yard adjacent to the fence shall be considered as a rear or side yard. Corner Lots: On residential lots bordered on two (2) contiguous sides by streets, the required front yard setback shall be observed along both streets when automobile access is taken from the side street. Two -Family Dwellings: For purposes of setback calculations, a two-family dwelling shall be construed as one building occupying one lot. Attached single-family dwellings: For purposes of setback calculations, only those attached single-family dwellings which do not share a common wall with an adjacent attached dwelling need observe the required side yard setback for the district, providing building code requirements for this type of structure are observed. Projections: Every part of the required yard shall be unobstructed from ground level to the sky except for projections of architectural features as follows: cornices, sills and ornamental features — 12 inches; food eaves — 18 inches; uncovered porches, slabs and patios, walks, steps, fences, hedges, and walls — no restriction; fire escapes and individual balconies not used as passageways may project 18 inches into any required side yard or four (4) feet into any fornt or rear yard. Accessory Building in Required Rear Yard: An accessory building may be located in a required rear yard provided not more than forty (40) percent of the rear yard is covered. Such building shall observe a seven and one-half (7 %) foot setback from the rear lot line when there is not an adjacent alley. When there is an adjacent alley it shall observe a ten (10) foot setback form lot line. Fences and Screening: A fence, hedge, or wall may be located in any required yard provided no such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall nay such structure exceed three (3) feet in height in any required front yard. No side yard or front yard hedge or fence is permitted on a corner lot adjacent to the street. 10.5 Maximum Building Height: For purposes of measuring the maximum building height, grade shall mean the original natural ground level or newly established elevation resulting from compacted fill so long as any regarded area does not exceed a four -to - one slope between the ground level of any exterior building wall and adjacent lot line or property line. 10.6 Minimum Off -Street Parking: Each off-street parking space shall be not less than 8 feet wide and 18 feet long; shall be provided with vehicular access to a street or alley/ shall be surfaced with gravel, asphalt, concrete or equivalent; shall be properly drained; and shall be located within convenient walking distance of the principal building or use for which the parking space is provided. For either detached single-family dwellings or attached single-family dwellings, tandem spaces shall be permitted. Where an off-street parking space serves more than one use and peak times for parking are at different times of the day, such parking space may be included as part of the minimum requirements for each use. The following minimum parking requirements for permitted or similar (see Section 10.2) uses are: 1. Churches, community buildings, fraternal lodges and auditorium: One space per 3 seats in the assembly space. 2. Schools, elementary and middle: One space per instruction area plus one space for each 4 seats in assembly areas (including gymnasiums). 3. High schools, colleges and universities: One space per instructional area (classroom, lab, gym) plus one space per 3 students accommodated in the institution. 4. Community buildings: One space per 3 seats of assembly area. 5. Athletic stadium: One space per 4 seats. 6. Recreation facilities: One space per 4 persons using the facility (figured at a maximum capacity use period). 7 Day care center: One space per classroom area and one space per 200 square feet of office space and a minimum of 6 spaces. 8. Police and fire stations: One space per 200 square feet excluding garage areas and a minimum of 4 spaces. 9. Library and museum: A minimum of 10 spaces plus one space per 200 square feet of office or administrative areas. 10.7 Modifications: In general, the proposed development standards for the Battlement Mesa planned Unit Development correspond closely to normal criteria of the Garfield County Zoning Resolution. In some cases, the Battlement Mesa standards are more limiting, while in others typical zoning regulations appear to be more restrictive. Wherever this last situation exists, the added flexibility of development with the PUD permits desirable variety and, in some situations, essential economies of construction and maintenance. Throughout the Planned Unit Development program, special attention will be given to bordering private properties so that their values as established by existing Garfield County zoning standards will be maintained. In line with Garfield County zoning requirements that no portion of a PUD shall be used or occupied, otherwise than as was permitted immediately prior to the approval of rezoning as a PUD, until a subdivision plat for said portion is approved by the Board of County Commissioners of Garfield County, Battlement Mesa, Inc., recognizes the need to design and construct each phase according to all reasonable public interest. 10.8 See Modification of definitions in 3.11 and, 4.11, and 12.11. 10.9 Additional Restrictions: Battlement Mesa, Inc. reserves the right to make the use or occupancy of any particular area more restrictive than this PUD would permit, by provisions on the subdivision plat, restrictive covenants, or provision in the deed. 10.10 Guest Suite A multi -family dwelling unit available for daily, weekly or other interim accommodations in return for a rental fee or other form of compensation and approved as such during the subdivision review process and/or special use permit review process. 12.0 PSRI - Public, Semipublic, and -Recreation, and Injection Well 12.1 Uses by right: School sites, governmental offices, police and fire stations, library, day-care centers, public and semipublic health facilities including hospitals and clinics, recreations uses, churches, community center, neighborhood community center, water, well sites, sewage treatment facilities, water treatment and storage facilities, and other public and private utility facilities and buildings. 1. Community open space and parks, including hiking and bicycle trails, equestrian trails, intensive use playfields, picnic areas, sledding areas, swimming pools, tennis courts, natural areas, archery, skeet shooting and similar uses. 2. Golf course with clubhouse including eating and drinking facilities (which may include liquor); equestrian center. 12.2 Uses, conditional: Not applicable. 12.3 Uses, special: Extraction and processing of natural resources, including Injection Well, Small. 12.4 Intensity of Use: See general conditions under Supplementary Regulations. 12.5 Minimum Lot Area: None. 12.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. 1. A lot shall not be limited to one principal structure provided: 2. The uses of each structure shall be allowed within the applicable zone district. 3. The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. 4. The entire lot remains under one ownership. 12.7 Minimum Setbacks: 1. Front Yard a. Arterial Streets: 75 feet from street centerline or 25 feet from front lot line, whichever is greater. b. Collector Streets: 65 feet from street centerline or 25 feet from front lot line, whichever is greater. c. Local Streets: 50 feet from street centerline or 25 feet from front lot line, whichever is greater. 2. Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. 3. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. 12.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 12.9 Minimum Off -Street Parking: 1. Church, auditorium and public assembly: One space per 3 seats. 2. Research facility, testing laboratory, manufacturing, fabrication, processing, or assembly of products: One parking space per 400 square feet of floor area. 3. Church or theatre: One parking space per three seats. 4. Office and professional uses: One parking space per 300 square feet of floor area. 5. Recreation facility: Parking shall be provided on the basis of one parking space per each four persons using the facility (figured at a maximum capacity use period). 6. Motels and hotels: One parking space per motel or hotel unit. 7. Multi -family dwellings: One and one-half parking space per dwelling unit. 8. Gasoline Service Station: Minimum 8 spaces excluding service areas and service bays. 9. For all other uses: see Supplementary Regulation (Section 10.6). 12.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modification of Subdivision Regulations). 12.11 Additional Definitions: (Modification to Sec. 10.8, Garfield County Res. No. 82-121) 1. An "Injection Well, Small" shall be an injection well with less than 5,000 barrels of appurtenant and accessory on -pad tanks on a COGCC-approved well location that is used for pumping water or other fluids from the surface into a reservoir. r APPENDIX I ADJACENT PROPERTY OWNERS O\OLSSON ASSOCIATES Battlement Mesa Company Battlement Mesa PUD Text Amendment Permitted Uses — Injection Well And PUD Zone District Amendment Adjacent Property Owners Parcel 2407-081-00-152 November 9, 2016 Parcel Number: 240703300007 Charlene M Miller, Trustee Charlene M Miller Trust Agreement 975 Dead Indian Memorial Rd Ashland, OR 97520 Parcel Number: 240703300007 Ora S Legacy LLC PO Box 128 Live Oak, CA 95953 Parcel Number: 240704100091 Harriet Knght Ranch LLC 620 25 1/2 Rd, No. 4 Grand Junction, CO 81505 Parcel Number: 240704100091 J Scott Knight 1047 Willow Creek Circle Longmont, CO 80503 Parcel Number: 240704200093 James L & Bonnie L Lawrence 0998 County Road 309 Parachute, CO 81635 Parcel Number: 240704300064 JRMD, LLC PO Box 1926 Rifle, CO 81650 Parcel Number: 240704300064 Savage Limited Partnership I PO Box 1926 Rifle, CO 81650 Parcel Number: 240705100094 Cindi & Eric Digerness 999 County Road 309 Parachute, CO 81635-9141 Parcel Number: 240705200006 Key Equity Holdings, Inc 8895 Hwy 6 & 24 Parachute, CO 81635 Parcel Number: 240705200006 Barry J Hicks 780 26 1/2 Road Grand Junction, CO 81506 Parcel Number: 240705304018 Roess Living Trust 230 Boulder Ridge Dr Parachute, CO 81635 Parcel Number: 240705304019 Robert E & Lynda L Prendergast 222 Boulder Ridge Dr Parachute, CO 81635 Parcel Number: 240705304020 Rocky S & Susan B Brirdsey 24092 Hwy 149 Creede, CO 81130 Parcel Number: 240705304021 Aric N & Deanna M Holloway 182 Boulder Ridge Dr Parachute, CO 81635-9218 Parcel Number: 240705304022 Mitchell A & Nancy J Teaney 162 Boulder Ridge Dr Parachute, CO 81635 Parcel Number: 240705304027 Thomas & Judith R Gentilcore Jr 59 Eagle Rock Place Parachute, CO 81635 Parcel Number: 240705307001 Battlement Mesa Golf Course, LLC 259 Cardinal Way Parachute, CO 81635 Parcel Number: 240705400085 Thomas Lynn Tompkins 0269 County Road 309 Parachute, CO 81635 November 10, 2016 1 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240706400001 Exxon Mobil Corporation c/o Exxon Co USA PO Box 53 Houston, TX 77001-0053 Parcel Number: 240706400002 Encana Oil & Gas (USA) Inc c/o Merit Appraisal & Tax Consulting PO Box 330 Gainesville, TX 76241 Parcel Number: 240707100001 Exxon Mobil Corporation c/o Exxon Co USA PO Box 53 Houston, TX 77001-0053 Parcel Number: 240707101001 Calvin D & Patricia A Roberts 1655 County Road 247 New Castle, CO 81647 Parcel Number: 240707101002 Town of Grand Valley PO Box 100 Parachute, CO 81635-0100 Parcel Number: 240707101003 Deicidalia Chairez Castellanos 322 Birch Court Silt, CO 81652 Parcel Number: 240707300007 State of Colorado Division of Wildlife 6060 Broadway Denver, CO 80216-1029 Parcel Number: 240707301001 Battlement Mesa Metropolitan District 401 Arroyo Dr Parachute, CO 81635 Parcel Number: 240707302006 B & V Developers LLLP 0259 County Road 320 Rifle, CO 81650 Parcel Number: 240707303003 Vincent T Tomasulo 87 River View Place Parachute, CO 81635 Parcel Number: 240707303004 Leonard Trust 71 River View Place Parachute, CO 81635 Parcel Number: 240707303005 John J & Diane C Plucinski 57 River View Place Parachute, CO 81635-9641 Parcel Number: 240707303006 Balthasar & Anita Rill 39 River View Place Parachute, CO 81635 Parcel Number: 240707303007 Daniel J Birrer 25 River View Place Parachute, CO 81635 Parcel Number: 240707303008 Sue A DeWinter 11 River View Place Parachute, CO 81635-9641 Parcel Number: 240707303009 James L & Deanna M Maier 259 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707303010 Dean Wayne Hulse 6535 Glucksberg St John, VI 00830-9506 Parcel Number: 240707303011 Richard Lynn & Jonathan P Sexton 233 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707303012 David H & Debra D Penrose 219 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707304006 Richard A & Linda K Levine 104 Green Mesa Place Parachute, CO 81635 November 10, 2016 2 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240707304007 Timothy E & Deborah J Lenard 50 River View Place Parachute, CO 81635 Parcel Number: 240707400007 John M & Jody J Lyons 8714 County Road 300 Parachute, CO 81635 Parcel Number: 240707400008 Battlement Mesa Land Investments Parcel Fairways LLC 73G Sipprelle Dr Parachute, CO 81635 Parcel Number: 240707400010 John Lyons Family Partnership LP 8711 County Road 300 Parachute, CO 81635 Parcel Number: 240707401001 Miguel & Lucia Reyes 16 Green Mesa Place Parachute, CO 81635 Parcel Number: 240707402002 Richard A & Linda K Levine 104 Green Mesa Place Parachute, CO 81635 Parcel Number: 240707402003 Richard A & Linda K Levine 104 Green Mesa Place Parachute, CO 81635 Parcel Number: 240707402004 William R Haskins 118 Green Mesa Place Parachute, CO 81635 Parcel Number: 240707402005 Bernice M Piper & Lynn M Dally 33 Ridgeview Place Parachute, CO 81635 Parcel Number: 240707403013 Elliott & Whitney Gross 1104 Westlook Dr Glenwood Springs, CO 81601 Parcel Number: 240707404001 David B & Leona D Anthony 181 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707404002 Jerry J & Rebecca R Sirus 163 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707404003 Charles & Dee Hall Family Trust' 149 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707404004 Charles E & Lillian L Wyant 133 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707404005 Mary K Bowden 117 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707404006 Gary D Myers PO Box 9112 Breckenridge, CO 80424 Parcel Number: 240707404007 Gregg & Susan Slone 91 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707404008 Richard A Buchan & Jean L Fiftal 19 Willow Creek Court Parachute, CO 81635-9634 Parcel Number: 240707404009 Cynthia D & Fred C Burdick 37 Willow Creek Court Parachute, CO 81635 Parcel Number: 240707405001 Alice L & Denn Mockerman Alvord 61 Willow Creek Court Parachute, CO 81635 November 10, 2016 3 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240707405002 Robert L & Ann E Arrington 60 Willow Creek Court Parachute, CO 81635 Parcel Number: 240707405003 James J & Carol L Touvelle 0054 Willow Creek Court Parachute, CO 81635-9633 Parcel Number: 240707405004 Douglas A Mills PO Box 185 Parker, CO 80134 Parcel Number: 240707405005 Paul W & Roberta C Light 18 Willow Creek Court Parachute, CO 81635 Parcel Number: 240707405006 Brandon E & Caroline Renck 125 Ridge View Place Parachute, CO 81635-9631 Parcel Number: 240707405007 Burkie Paul Wynkoop Living Trust & Katherine Louise Wynkoop Living Trust 111 Ridgeview Place Parachute, CO 81635 Parcel Number: 240707405008 Jan M Gardner 12093 Forrest Dr Saint John, IN 46373-9744 Parcel Number: 240707405009 Sandra Louise & Douglas James Saxton 81 Ridgeview Place Parachute, CO 81635 Parcel Number: 240707405010 Paul G Anderson 71 Ridge View Place Parachute, CO 81635-9631 Parcel Number: 240707406001 Brooke S Johnson 61 Ridge View Place Parachute, CO 81635 Parcel Number: 240707406002 Dwayne J & Angela I Knudson 49 Ridge View Place Parachute, CO 81635 Parcel Number: 240707406003 Harold L Piper Trust Dtd 12/15/2010 33 Ridgeview Place Parachute, CO 81635 Parcel Number: 240707406004 Nicholas Novotny Flaten 15 Ridge View Place Parachute, CO 81635 Parcel Number: 240707407001 Ernesto Daniel & Samanth Mendoza Young 81 Promontory Place Parachute, CO 81635 Parcel Number: 240707407002 Bradley G & Nazla A Rowan 69 Promontory Place Parachute, CO 81635-9638 Parcel Number: 240707407003 Shane M & Dawn E Hatcher 53 Promontory Place Parachute, CO 81635 Parcel Number: 240707407004 J Steven & Betty Randol 39 Promontory Place Parachute, CO 81635 Parcel Number: 240707407005 Gary L Bascom 303 W Park St Marble, CO 81623 Parcel Number: 240707407006 James D & Gay Lynn Watson PO Box 206 Parachute, CO 81635 Parcel Number: 240707407007 James M Matthews 148 Willow Creek Trail Parachute, CO 81635 November 10, 2016 4 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240707407008 William R & Gladys G Gast 126 Willow Creek Trail Parachute, CO 81635-9637 Parcel Number: 240707407009 Ramona L Short, David Scott Walck, & Sandra Y Jackson 102 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707407010 Stephen Edgar & Kelly Morgan Cyphers PO Box 391 Rifle, CO 81650 Parcel Number: 240707407011 George H Daniels, IV 140 G H Daniels Blvd Gypsum, CO 81637 Parcel Number: 240707407013 Thomas G Lippitt 6181 South Lima Way Englewood, CO 80111 Parcel Number: 240707407014 Miles J & Elizabeth A Moran 6537 Y 0 Rd Dexter, NM 88320 Parcel Number: 240707407015 Grant E & Lindsay M Kerven 30 Ridge View Place Parachute, CO 81635 Parcel Number: 240707407016 Gladys M Witt 435 32 Road, #233 Clifton, CO 81520 Parcel Number: 240707408001 Van E & Evelyn A Merritt 15 Green Mesa Place Parachute, CO 81635 Parcel Number: 240707408002 Larry Lee & S Lavina-Reese PO Box 463 Parachute, CO 81635 Parcel Number: 240707408003 Ronald L & Petria R Germann 2004 1600 Road Delta, CO 81416 Parcel Number: 240707408004 Willie G Foster 1550 Wellness Dr Apt 217 Marion, OH 43302 Parcel Number: 240707408005 Moises & Adriana Chavez 763 Clarkson Ave Rifle, CO 81650 Parcel Number: 240707408006 Rex A & Leslie S Smith 75 Green Mesa Place Parachute, CO 81635 Parcel Number: 240707408007 David L & Nora P Linnertz PO Box 728 Parachute, CO 81635-0728 Parcel Number: 240707408008 Jason & Jessica Harrison 264 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707408009 Vanessa Grajalez 238 Willow Creek Trail Parachute, CO 81635-9640 Parcel Number: 240707408010 Richard D Blake 228 Willow Creek Trail Parachute, CO 81635 Parcel Number: 240707408011 Stanley L Posusta 24 Promontory Place Parachute, CO 81635-9639 Parcel Number: 240707408012 Nancy M & Gary M Leonard 58 Alder Court Parachute, CO 81635 November 10, 2016 5 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240707408013 Lawrence M & Haroldeen Groves 54 Promontory Place Parachute, CO 81635-9639 Parcel Number: 240707408014 Shirley G & James R Blair 68 Promontory Place Parachute, CO 81635-9639 Parcel Number: 240707408015 Travis E & Myndie L Preble 078 Promontory Place Parachute, CO 81635 Parcel Number: 240707412001 Battlement Mesa Lot Holdings LLC PO Box 6000 Parachute, CO 81635 Parcel Number: 240707412002 Battlement Mesa Lot Holdings LLC PO Box 6000 Parachute, CO 81635 Parcel Number: 240707412003 Battlement Mesa Lot Holdings LLC PO Box 6000 Parachute, CO 81635 Parcel Number: 240707412004 Dennis Lightbown & Judy Dubey 600 Sopris Ave Carbondale, CO 81623 Parcel Number: 240707412005 Daniel C Rzonca, Sr & Nanci J Brown 49 Hogan Circle Parachute, CO 81635 Parcel Number: 240707412006 Gary J & Marilyn E Kline 2944 Rancho Brasado Carlsbad, CA 92009 Parcel Number: 240707412007 George & Mary Hill Trust Dated 5/2/96 67 Hogan Circle Parachute, CO 81635 Parcel Number: 240707412008 George Wendel & Cynthia Lynn Smith 77 Hogan Circle Parachute, CO 81635 Parcel Number: 240707412009 Garrett & Theresa Smith 87 Hogan Circle Parachute, CO 81635 Parcel Number: 240707412011 Fairways Villas Homeowners Association PO Box 606 Parachute, CO 81635 Parcel Number: 240707412012 Battlement Mesa Partners PO Box 6000 Parachute, CO 81635 Parcel Number: 240708100152 Battlement Mesa Land Investments 73 G Sipprelle Dr Parachute, CO 81636 Parcel Number: 240708100187 Battlement Mesa Land Investments Parcel 7, LLC PO Box 6000 Parachute, CO 81635 Parcel Number: 240708200183 Battlement Mesa Land Investments Parcel 1, LLC PO Box 6000 Parachute, CO 81635 Parcel Number: 240708204028 V Dianne Jackson 68 Eagle Rock Place Parachute, CO 81635 Parcel Number: 240708204029 Wade L & Diana L Heidemann 42 Eagle Rock Place Parachute, CO 81635 Parcel Number: 240708204030 Alan Arnold 1675 County Road 154 Glenwood Springs, CO 81601 November 10, 2016 6 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240708204031 Curtis Alonzo Gabriel Revocable Trust & Pauline Cora Gabriel Revocable Trust Dated 10/5/2001 609 Battlement Creek Trail Parachute, CO 81635 Parcel Number: 240708204032 Laurie L & Patrick J Marbas 665 Battlement Creek Trail Parachute, CO 81635 Parcel Number: 240708204033 Battlement Creek Village Community Assoc 73 Sipprelle Dr, Ste G Parachute, CO 81635 Parcel Number: 240708205014 Donald R & Annabelle M Chance 356 Roan Creek Dr Parachute, CO 81635 Parcel Number: 240708400018 Edward A Stierberger Revocable Trust c/o Harding & Carbone 3903 Bellaire Blvd Houston, TX 77025 Parcel Number: 240708400144 Battlement Mesa Metropolitan District 401 Arroyo Dr Parachute, CO 81635 Parcel Number: 240708400173 Monument Ridge, LLC PO Box 7 Woody Creek, CO 81656 Parcel Number: 240708400182 Garfield County School District 16 PO Box 68 Parachute, CO 81635-0068 Parcel Number: 240708400188 Battlement Mesa Land Investments Parcel OHS, LLC PO Box 6000 Parachute, CO 81635 Parcel Number: 240709100086 Nathan A & Becky Schaeffer 0244 Burthard Lane Parachute, CO 81635 Parcel Number: 240709300174 Coulters Pocket, LLC PO Box 26 Woody Creek, CO 81656 Parcel Number: 240709400021 Mary Anne Bosely Rev Trust PO Box 26 Woody Creek, CO 81656 Parcel Number: 240710200019 Judy T Sappington & Steve Kulp PO Box 1712 Rifle, CO 81650 Parcel Number: 240710200043 Foran D & Willa K Stark 2643 County Road 301 Parachute, CO 81635-9156 Parcel Number: 240710200045 Richard D Nipper PO Box 6002 Parachute, CO 81635 Parcel Number: 240710200048 David S Moore 0075 County Road 310 Parachute, CO 81635 Parcel Number: 240710201001 Jack T Evans Jr PO Box 695 Parachute, CO 81635 Parcel Number: 240715100025 Clem Ranch LLC 6330 West Berry Ave Denver, CO 80123 Parcel Number: 240715100025 Julie J Augustyn, Manager Clem Land Energy Management LLC 3907 Canyon Lake Dr Pearland, TX 77581-4788 November 10, 2016 7 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240716300029 Sharon I Gardner 1236 County Road 302 Parachute, CO 81635 Parcel Number: 240717100001 Daniel R Gardner 134 County Road 303 Parachute, CO 81635 Parcel Number: 240717100002 David R & Mary Ann Tonder 1104 County Road 308 Parachute, CO 81635 Parcel Number: 240717100003 David R & Mary Ann Tonder 1104 County Road 308 Parachute, CO 81635 Parcel Number: 240717102007 Ray Lee J & Susan C Smith 50 N Ridge Court Parachute, CO 81635 Parcel Number: 240717102008 Stuart S & Carol J McArthur 56 North Ridge Court Parachute, CO 81635 Parcel Number: 240717102009 Patricia J Rowe 51 N Ridge Court Parachute, CO 81635-9217 Parcel Number: 240717102010 Patricia Joy Rowe 51 N Ridge Court Parachute, CO 81635-9217 Parcel Number: 240717102011 Bobby Tucker 45 N Ridge Court Parachute, CO 81635-9217 Parcel Number: 240717102017 Mesa Ridge Townhome Association c/o Western Law Group, LLC 9101 Pearl St, Ste 205 Thorton, CO 80229 Parcel Number: 240717103039 Mesa Ridge Townhome Association c/o Western Law Group, LLC 9101 Pearl St, Ste 205 Thorton, CO 80229 Parcel Number: 240717116150 Battlement Mesa Land Investments Parcel 5- 2,Trk 6 LLC 73G Sipprelle Dr Parachute, CO 81635 Parcel Number: 240717118002 Community Holdings West Inc 73G Sipprelle Dr Parachute, CO 81635 Parcel Number: 240717203001 Battlement Mesa Metropolitan District 401 Arroyo Dr Parachute, CO 81635 Parcel Number: 240717205001 Battlement Mesa Metropolitan District 401 Arroyo Dr Parachute, CO 81635 Parcel Number: 240717206001 Grand Valley Cemetery District PO Box 103 Parachute, CO 81635-0103 Parcel Number: 240717213150 Battlement Mesa Land Investments Parcel 1-A, LLC PO Box 6000 Parachute, CO 81635 Parcel Number: 240717214150 Battlement Mesa Land Investments Parcel 5-1, Trk3 And 4 LLC 73G Sipprelle Dr Parachute, CO 81635 Parcel Number: 240717215150 Battlement Mesa Land Investments Parcel 5- 2,Trk 5 LLC 73G Sipprelle Dr Parachute, CO 81635 November 10, 2016 8 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240717300128 Alex N & Brenda S Yater 7281 County Road 300 Parachute, CO 81635-9451 Parcel Number: 240717300129 Watson Ranches, Ltd PO Box 383 Meeker, CO 81641 Parcel Number: 240717300159 Michelle L Foster 600 Ponderosa Circle Parachute, CO 81635-9534 Parcel Number: 240717400039 Sharon I Gardner 1236 County Road 302 Parachute, CO 81635 Parcel Number: 240718100001 Board of County Commissioners Garfield County 108 8th St, Ste 213 Glenwood Springs, CO 81601-3363 Parcel Number: 240718100003 ATTN: AIG Investments The Variable Annuity Life Insurance Comp 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240718100005 Battlement Mesa Land Investments, LLC PO Box 6000 Parachute, CO 81635 Parcel Number: 240718101002 Jeremy J & Janelle L Schneider 32 Green Mesa Place Parachute, CO 81635 Parcel Number: 240718101003 DAVID L RAIFORD 48 Green Mesa Place Parachute, CO 81635 Parcel Number: 240718101004 Jason E Young 58 Green Mesa Place Parachute, CO 81635 Parcel Number: 240718102003 Valley View Village Homeowners Association 786 Valley Court Grand Junction, CO 81505 Parcel Number: 240718102004 Valley View Village Homeowners Association 786 Valley Court Grand Junction, CO 81505 Parcel Number: 240718104002 Robert B Bargas, Jr 282 Cliffview Circle Parachute, CO 81635 Parcel Number: 240718104003 Brad & Michelle Hoy 0276 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104004 Terri Davis 268 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104010 Jose Magana 0172 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104011 Lori Jorgensen & Russell Cartwright 160 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104012 Tyler R Binger 140 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104013 Alex R & Meagan Gallegos 126 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104014 No Information Found Parcel Number: 240718104015 Darren Kyle Alstatt 110 Cliff View Circle Parachute, CO 81635 November 10, 2016 9 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718104016 April L Norwood 90 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104017 Rae M Devan 0080 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104018 Shaun & Anne Kellerby 0064 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104019 Tamara L & Dan Castellari 60 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104020 Jude D & Adriana Chavez 40 Cliff View Court Parachute, CO 81635-8428 Parcel Number: 240718104021 William R & Kathleen P Jenkinson PO Box 3190 Alpine, WY 83128 Parcel Number: 240718104022 Dale E & Shirley L Barrick, Jr 0012 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104023 Grace Homes Real Estate & Construction, Inc 786 Valley Court Grand Junction, CO 81505 Parcel Number: 240718104024 Grace Homes Real Estate & Construction, Inc 786 Valley Court Grand Junction, CO 81505 Parcel Number: 240718104025 Kevin Marc Richard 19 Cliff View Lane Parachute, CO 81635 Parcel Number: 240718104026 Jose D Velasco Martinez 33 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104027 Information Not Available Parcel Number: 240718104028 Kevin J Long, Jr 1513 Valley Creek Rd Denton, TX 76205 Parcel Number: 240718104029 Valley View Village Homeowners Association 786 Valley Court Grand Junction, CO 81505 Parcel Number: 240718104030 Valley View Village Homeowners Association 786 Valley Court Grand Junction, CO 81505 Parcel Number: 240718104031 Joshua Robert Guichard 103 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718104038 Michael J Tyler & Shari R Hurt 0133 Cliff View Circle Parachute, CO 81635 Parcel Number: 240718117001 Stacey & Trisha Wiemer 0017 Bryan Loop Parachute, CO 81635 Parcel Number: 240718118001 Richard Unsworth 0018 Cliff View Court Parachute, CO 81635 Parcel Number: 240718118002 Vajra LLC 18 Cliff View Court Parachute, CO 81635 Parcel Number: 240718118003 Juan Rivera-Meraza 20 Cliff View Court Parachute, CO 81635 November 10, 2016 10 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718118004 Polly S & William H C Musch 2031 Shelterwood Santa Ana, CA 92705 Parcel Number: 240718119001 Slick Horns LLC 2278 11 /4 Road Grand Junction, CO 81505 Parcel Number: 240718119002 Sherri M Grajalez 46 Cliff View Court Parachute, CO 81635 Parcel Number: 240718119003 Phoebe R Shideler 48 Cliff View Court Parachute, CO 81635 Parcel Number: 240718119004 Mark D Kozuch 16 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718120001 Padma LLC 2520 South Grand Ave 202 Glenwood Springs, CO 81601 Parcel Number: 240718120002 Leslie Treese Erickson 72 Cliff View Court Parachute, CO 81635 Parcel Number: 240718120003 Mark D Kozuch 16 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718120004 Sandra J Mochary 0076 Cliff View Court Parachute, CO 81635 Parcel Number: 240718200003 State of Colorado Division of Wildlife 6060 Broadway Denver, CO 80216-1029 Parcel Number: 240718200004 Dennis L Burke PO Box 114 Parachute, CO 81635 Parcel Number: 240718202001 Larry & Luann M Moss 76 Green Mesa Place Parachute, CO 81635 Parcel Number: 240718202008 David E Gallegos 64 River View Place Parachute, CO 81635 Parcel Number: 240718202009 Collin E & Vicki L Kenney 78 River View Place Parachute, CO 81635 Parcel Number: 240718202010 F Peter & Dorothy Mae Simmons 92 River View Place Parachute, CO 81635-9642 Parcel Number: 240718203001 Cecil C & Karen E Lucas, Jr 103 River View Place Parachute, CO 81635 Parcel Number: 240718203002 John S Sargent 97 River View Place Parachute, CO 81635 Parcel Number: 240718206001 Ivo E & Betty Jo Lindauer 269 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718206002 Walter G & Marjorie H Perrine 25 Alder Court Parachute, CO 81635 Parcel Number: 240718206003 Terry D Tallon 43 Alder Court Parachute, CO 81635 November 10, 2016 11 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718206004 Paul B Heiman 55 Alder Court Parachute, CO 81635 Parcel Number: 240718207001 Gary M & Nancy M Leonard 58 Alder Court Parachute, CO 81635 Parcel Number: 240718207002 Paul D & Shireen L Schultz 50 Alder Court Parachute, CO 81635 Parcel Number: 240718207003 Stanley Vance & Karen Louise Knupp PO Box 168 Rifle, CO 81650 Parcel Number: 240718207004 Paul F & Roberta G Sheehan 4530 Sugarberry Lane Titusville, FL 32796 Parcel Number: 240718207005 Elmer J & Mary Jane Schultz 223 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718207006 Elmer J & Mary Jane Schultz 223 Lodge Pole Circle Parachute, CO 81635-9573 Parcel Number: 240718207007 Charles L Farr 207 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718207008 Robert E & Sonia D Davis 195 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718207009 Sheppelman Living Trust 171 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718207010 Carolyn C Schelling 173 Lodge Pole Circle Parachute, CO 81635 Parcel Number: 240718207011 Robert L & Erma V Campbell Living Trust 131 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718215001 No Information Found Parcel Number: 240718215002 Marilyn Jean & Jody Terese Dennis Deussen 357 Lodge Pole Circle Parachute, CO 81635-9576 Parcel Number: 240718215003 Caroline A & Siegfried Patscha 341 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718215004 Steve & Cathy Wyngarden 7345 Palmyra Ave Las Vegas, NV 89117 Parcel Number: 240718215005 J Gordon Corn PO Box 525 Morrison, CO 80465 Parcel Number: 240718215006 Edward G Andersen 5582 County Road 309 Parachute, CO 81635-9110 Parcel Number: 240718215007 Elaine N lmperato 222 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718215008 Garland L & Leola Anne White 204 Lodgepole Circle Parachute, CO 81636 Parcel Number: 240718215009 Kevin P Everson 1435 North 24th St Grand Junction, CO 81501 November 10, 2016 12 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718215010 Renae Bohler 158 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718217002 William L & Eleanor C Nelson 35 Locust Way Parachute, CO 81635-9569 Parcel Number: 240718217003 David D & Traci L Andrews 17 Battlement Mesa Parachute, CO 81635 Parcel Number: 240718217004 Richard R & Shirley R Deussen 283 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718225001 Clifton K Hale 109 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718241001 State of Colorado Division of Wildlife 6060 Broadway Denver, CO 80216-1029 Parcel Number: 240718300001 Dennis L Burke PO Box 114 Parachute, CO 81635 Parcel Number: 240718301001 John S Wenter 0041 Cottonwood Court Parachute, CO 81635 Parcel Number: 240718301002 John Eric Grumling 31 Cottonwood Court Parachute, CO 81635 Parcel Number: 240718301003 Elsie B Burkhart 1604 Buffalo Trail Drive Henderson, NV 89014 Parcel Number: 240718301004 Arthette B Cordova 11 Cottonwood Court Parachute, CO 81635 Parcel Number: 240718302001 Equity Trust Company Custodian FBO Alan N Ira Wyngarden 8900 W 35th Ave Wheat Ridge, CO 80033 Parcel Number: 240718302002 Equity Trust Company Custodian FBO Alan N Ira Wyngarden 8900 W 35th Ave Wheat Ridge, CO 80033 Parcel Number: 240718302003 Christopher R & Keri L Schaefermeyer 23 Willowview Way Parachute, CO 81635 Parcel Number: 240718302004 Wayne H Ostermiller 2889 Kiowa Ct Grand Junction, CO 81506 Parcel Number: 240718302005 Judy I Thomsen 12 Cottonwood Court Parachute, CO 81635 Parcel Number: 240718302006 Brian K & Judy M Aaron PO Box 5511 Chiniak, AK 99615 Parcel Number: 240718302007 Donald L & Kim L Scarrow 1981 County Road 210 Rifle, CO 81650 Parcel Number: 240718303001 David L & Bradley D Faulstich 101 Dogwood Lane Parachute, CO 81635 Parcel Number: 240718303002 Timothy Ligon 93 Dogwood Lane Parachute, CO 81635 November 10, 2016 13 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718303003 Leota E Wegner 83 Dogwood Lane Parachute, CO 81635 Parcel Number: 240718303004 Jeremiah D & April A Carbajal 69 Dogwood Lane Parachute, CO 81635 Parcel Number: 240718303005 Kamon Wayne & Destiny Shae Zehner 57 Dogwood Lane Parachute, CO 81635 Parcel Number: 240718303006 Werner G & Elin Doehner 35 Oak Court Parachute, CO 81635-9536 Parcel Number: 240718303007 Wesley Todd & Dasa R Bryan 45 Oak Court Parachute, CO 81635 Parcel Number: 240718303008 Eugene L & Mizue Quinn 63 Oak Court Parachute, CO 81635-9536 Parcel Number: 240718303009 Kristin Georgine 54 Oak Court Parachute, CO 81635-9536 Parcel Number: 240718303010 Judith E & Bruce C Richards 48 Oak Court Parachute, CO 81635-9536 Parcel Number: 240718303011 Christopher W Davidson 34 Locust Way Parachute, CO 81635 Parcel Number: 240718303021 Ricky D & Jennifer L Jablonsky 12 Willow View Way Parachute, CO 81635 Parcel Number: 240718303022 Yaneth & Loya Jaime Gonzalez PO Box 30722 Midland, TX 79712 Parcel Number: 240718303023 Logan McInnes 36 Willow View Way Parachute, CO 81635 Parcel Number: 240718303024 Roger K & Anita R Yount 44 Willow View Way Parachute, CO 81635 Parcel Number: 240718303025 Matthew B & Judith M Mckenna 50 Willow View Way Parachute, CO 81635 Parcel Number: 240718304001 Peter A & Regina C Johnson 119 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718304002 Jeffrey D Tonder 1140 County Road 308 Parachute, CO 81635 Parcel Number: 240718304003 Jessica Lynn Walker 103 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718304004 Steve L & Laura J Sebestyen 0089 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718304005 Thomas L & Elizabeth A Puckett 3481 Kellogg Place Westminster, CO 80031 Parcel Number: 240718304006 John E & Doreis M Zimmerman 855 County Road 30 Craig, CO 81625 November 10, 2016 14 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718304007 Steven Shaw 51 Sumac Court Parachute, CO 81635 Parcel Number: 240718304008 Levi G & Katelyn R Boles 55 Sumac Ct Parachute, CO 81635 Parcel Number: 240718304009 Ky Richard & Melissa L Johnson 50 Sumac Court Parachute, CO 81635 Parcel Number: 240718304010 Ky Richard Johnson PO Box 656 Parachute, CO 81635 Parcel Number: 240718304011 Dustin Morrison 42 Sumac Court Parachute, CO 81635 Parcel Number: 240718304013 Ana Laura & Ivan Rivera Escoto Simon 57 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718304014 Thomas F & Renee M Moher 1020 Hickory Dr Rifle, CO 81650 Parcel Number: 240718304015 Terry Douglas & Paige Paskett 31 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718304016 Romana M Sutton 15 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718304023 Richard G Swift 50 Dogwood Lane Parachute, CO 81635 Parcel Number: 240718304024 Jean A Edmonds 40 Holly Way Parachute, CO 81635 Parcel Number: 240718304025 Darlene D Livsey 333 Dogwood Dr Silt, CO 81652-9735 Parcel Number: 240718304026 Michael M Silk & Joanne Parent -Silk 90 Dogwood Lane Parachute, CO 81635-9546 Parcel Number: 240718304027 Arthur Frank Hewwitt, Jr Trust 27 Nova Lane Novato, CA 94945 Parcel Number: 240718306007 James L & Joyce E Landrum 11 Lupine Lane Parachute, CO 81635 Parcel Number: 240718307003 Darliene I Gall 98 Ponderosa Circle Parachute, CO 81635-9521 Parcel Number: 240718307004 Jason Ryan Varner 110 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718307005 William Bryan 118 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718307006 Thomas C & Marjorie E Weston 128 Ponderosa Circle Parachute, CO 81635-9521 Parcel Number: 240718307007 Robert C Bailey 140 Ponderosa Circle Parachute, CO 81635 November 10, 2016 15 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718307008 Margaret J McGhee 150 Ponderosa Circle Parachute, CO 81635-9521 Parcel Number: 240718307009 Brett A & Mandie L Dovey 160 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718307010 Jason S Means & Makahla Z Matheson-Bulik 170 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718307011 JACOB ROBERT BOWEN 184 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718307012 Fred W & Karne L Duncan 108 Eagle Ridge Dr Parachute, CO 81635 Parcel Number: 240718307013 Elsie M Reeves 230 Lost Creek Way Monument, CO 80132 Parcel Number: 240718307014 Derrick L Johnson 30 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718307015 Brenda A Murphy 42 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718307016 Kenneth J & Lynn G White 56 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718307017 Earl J Jaramillo 68 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718307018 Charles S & Jo Ann Trujillo 86 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718307019 Marvin L & Elmond K Rhodes 98 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718307020 Andrew Terrazas 108 Hawthorne Way Parachute, CO 81635 Parcel Number: 240718308004 Sisneros Family Trust 66 Lupine Lane Parachute, CO 81635 Parcel Number: 240718308008 Rakhat I & Genevieve G Ashymov 12 Lupine Lane Parachute, CO 81635 Parcel Number: 240718308009 Travis W & Renee M Horton 157 Ponderosa Circle Parachute, CO 81635-9688 Parcel Number: 240718308010 Theodore 0 & Betty L Birdsill 139 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718308011 Roman B Garcia & Misty B Briscoe -Garcia PO Box 1134 Rifle, CO 81650 Parcel Number: 240718308012 Devin T Brown 105 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718309002 Arvill T Anderson 561 County Road 303 Parachute, CO 81635 November 10, 2016 16 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718309003 Joel U De La Rosa Alvarez & Roxana Valdez 601 Ponderosa Cr Parachute, CO 81635 Parcel Number: 240718309004 Tom Michael Bowen 591 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718309005 William W Wilde 363 County Road 251 Rifle, CO 81650 Parcel Number: 240718309006 Owen James Wells 563 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718309007 Ronald L & Aili B Foss PO Box 20163 Colorado City, CO 81019 Parcel Number: 240718309008 Shelby Paul & Hazel Lorraine Ferguson 525 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718309009 Terrie Lynn Short 2517 Hwy 133 Carbondale, CO 81623 Parcel Number: 240718309010 Kim C & Scott D Benson 493 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718309011 Zachariah L & Kyndal N Coppock 0471 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718309012 Robert W & Elma F Reed 15 Pinyon Place Parachute, CO 81635 Parcel Number: 240718309013 Fred W & Karen L Duncan 108 Eagle Ridge Dr Parachute, CO 81635 Parcel Number: 240718309014 Leonor Braun PO Box 3 Parachute, CO 81635 Parcel Number: 240718309015 William W Wilde 363 County Road 251 Rifle, CO 81650 Parcel Number: 240718309016 Jed Walter Gilstrap 59 Pinyon Place Parachute, CO 81635 Parcel Number: 240718309017 Frank E & Brenda S Ladd 65 Pinyon Place Parachute, CO 81635 Parcel Number: 240718309029 Norvie L & Rhonda S Kochevar 105 Juniper Lane Parachute, CO 81635 Parcel Number: 240718309030 R&E Vincent Family Trust 100 Juniper Court Parachute, CO 81635 Parcel Number: 240718310001 Pearl M Knight 0057 County Road 316 Silt, CO 81652 Parcel Number: 240718310002 Michelle L Foster & Lida L Evans 600 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718316001 Tyler & Christina Gose 360 Lodgepole Parachute, CO 81635 November 10, 2016 17 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718316002 Thomas B & Shelbi K Dowd 340 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718316003 Spencer L & Taalyr A Claridge 328 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718316004 Jerry D & Mary Lee Mohrlang 326 Lodge Pole Circle Parachute, CO 81635-9576 Parcel Number: 240718316005 Christopher W Davidson 34 Locust Way Parachute, CO 81635 Parcel Number: 240718316006 Halverson Terry J & Karen M Hamilton 44 Locust Way Parachute, CO 81635 Parcel Number: 240718317001 Lawrence Payne & Carol Casson Forman, III 47 Locust Way Parachute, CO 81635 Parcel Number: 240718318001 Thomas Owen & Kelly Anne Clark 406 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718318002 Joel M Montoya 420 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718318003 Judith B & Joseph E Sluga 438 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718318004 Herbert Hugh & Peggy Ann Chesney, Sr 456 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718318005 Eduardo Cordova Barragan 474 Lodgpole Circle Parachute, CO 81635 Parcel Number: 240718324005 Brian & Amber R A Palcer 457 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718324006 Phillip R & Eugenia L Williams 443 Lodgepole Circle Parachute, CO 81635-9572 Parcel Number: 240718324007 Edward M & Mary R O'Mara 427 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718324008 Bill & Roxanne Jones 411 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718324009 Justin J Caselman 114 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718324010 John & Janis Hoppe 100 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718324020 Battlement Mesa Land Investments, LLC 73G Sipprelle Dr Parachute, CO 81635 Parcel Number: 240718325001 Battlement Mesa Metropolitan District 401 Arroyo Dr Parachute, CO 81635 Parcel Number: 240718400001 Maxim A & Lee Ashton Marie Bowen 7208 County Road 300 Parachute, CO 81635 November 10, 2016 18 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718401001 Ruth Lubcheno & Thomas N Trowbridge 3702 Mountain Dr Glenwood Springs, CO 81601 Parcel Number: 240718401002 Jeffrey Allen Smith 166 Rosewood Way Parachute, CO 81635 Parcel Number: 240718401003 Robert C Novess 11 Cactus Court Parachute, CO 81635 Parcel Number: 240718401004 Skylar D Swanson & Brandy S Lantz 21 Cactus Court Parachute, CO 81635 Parcel Number: 240718401005 Aaron Michael Sova 31 Cactus Court Parachute, CO 81635-9555 Parcel Number: 240718401006 Stephen L & Donna Marie Fisk 36 Cactus Court Parachute, CO 81635 Parcel Number: 240718401007 Jim Schrambeck 30 Cactus Court Parachute, CO 81635 Parcel Number: 240718401008 Stanley T & Helen I Westrick 22 Cactus Court Parachute, CO 81635-9555 Parcel Number: 240718401009 Barry W & Michelle Ellington Burns 107 Davis Street Conway, AR 72034 Parcel Number: 240718401010 Rosewood Way LLC 4567 V Road Debeque, CO 81630 Parcel Number: 240718401011 Nancy M & Gary M Leonard 58 Alder Court Parachute, CO 81635 Parcel Number: 240718401012 Aaron & Whitney Simms 92 Rosewood Way Parachute, CO 81635 Parcel Number: 240718401013 Donald L & Kim L Scarrow 1981 County Road 210 Rifle, CO 81650 Parcel Number: 240718401014 Terri E Kohl 13023 Birch Dr Thornton, CO 80241 Parcel Number: 240718401015 Joseph M James 54 Rosewood Way Parachute, CO 81635 Parcel Number: 240718401016 James C & Tara D Keif 48 Rosewood Way Parachute, CO 81635-9556 Parcel Number: 240718401017 Douglas J & Candice C Laven 524 Byron St Mankato, MN 56001 Parcel Number: 240718401018 Daniel K & Susan G Hoover 22 Rosewood Way Parachute, CO 81635-9556 Parcel Number: 240718401019 Belgum Stephen L 2011 Trust 1902 E Route 66 Suite 102 Glendora, CA 91740 Parcel Number: 240718402001 Mark J & Nan Y Menzies Trust 175 East Liposa St Kihei, HI 96753 November 10, 2016 19 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718402002 Danny L & Lori C Snyder PO Box 392 Rifle, CO 81650 Parcel Number: 240718402003 Phelma Harriet Morgan 129 Bent Creek Circle Parachute, CO 81635 Parcel Number: 240718402004 Ellen S & David G Anderson 2735 Upper Cattle Creek Road Carbondale, CO 81623-7703 Parcel Number: 240718404001 Brenda & John Parrish PO Box 6608 Lincoln, NE 68506 Parcel Number: 240718404002 Evelyn A Schaller PO Box 6152 Parachute, CO 81635 Parcel Number: 240718404003 Douglas Terry Ayers 26 Aspen Way Parachute, CO 81635 Parcel Number: 240718402005 Parcel Number: 240718404004 Terry R Wells Grand Valley United Methodist Church of 69 Rosewood Way Parachute Parachute, CO 81635 P 0 Box 125 Parachute, CO 81635 Parcel Number: 240718402006 Monument Creek Village Community Parcel Number: 240718405001 Association Darcy Hurst 73 Sipprelle Dr, Ste G 40 Spruce Court Parachute, CO 81635-9213 Parachute, CO 81635 Parcel Number: 240718403001 Brent & Gena Baker 97 Rosewood Way Parachute, CO 81635-9558 Parcel Number: 240718403002 Kurtis L & Nicole M Conrad 111 Rosewood Way Parachute, CO 81635-9558 Parcel Number: 240718403003 Dwight B Berner 123 Rosewood Way Parachute, CO 81635 Parcel Number: 240718403004 David R & Rebecca R Maybury 137 Rosewood Way Parachute, CO 81635 Parcel Number: 240718403005 William H & Barbara E Bayliff 151 Rosewood Way Parachute, CO 81635 Parcel Number: 240718405002 Willa J & David W Higuera 32 Spruce Court Parachute, CO 81635-9503 Parcel Number: 240718405003 Leslie Sue Wood 20 Spruce Court Parachute, CO 81635 Parcel Number: 240718405004 Miles James Moran, Jr 10 Spruce Court Parachute, CO 81635 Parcel Number: 240718405005 No Information Found Parcel Number: 240718405006 Francisco William William Scott 27 Aspen Way Parachute, CO 81635 November 10, 2016 20 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718405007 Nancy E Hays 39 Aspen Way Parachute, CO 81635-9504 Parcel Number: 240718405008 Ronald M & Terrie E Hatcher 1051 5th Ave S Craig, CO 81625 Parcel Number: 240718405009 Codi Laray Haiha Anderson & Christopher Michael Fruhmann 53 Aspen Way Parachute, CO 81635 Parcel Number: 240718406001 Robert S & Guadalupe Yolanda Saville 159 Sagemont Circle Parachute, CO 81635-9509 Parcel Number: 240718406002 Thomas Bart & Patricia Marie Braby 0149 Sagemont Circle Parachute, CO 81635 Parcel Number: 240718406003 Regina C & Terry W Hill 45 Randall Road Shoreham, NY 11786 Parcel Number: 240718406004 Thomas N & Ruth Lubchenco Trowbridge 3702 Mountain Dr Glenwood Springs, CO 81601 Parcel Number: 240718406005 Tony A & Tracy Miller, Trustee 11 Spruce Court Parachute, CO 81635 Parcel Number: 240718406006 Garry L & Beckie L Davis 29 Spruce Court Parachute, CO 81635-9503 Parcel Number: 240718406007 Douglas & Robin rosa 0037 Spruce Court Parachute, CO 81635 Parcel Number: 240718406008 Nancy M & Gary M Leonard 58 Alder Court Parachute, CO 81635 Parcel Number: 240718407001 Deborah K Underwood 72 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718407002 Rodger D & Lee C Carlson 86 Ponderosa Circle Parachute, CO 81635-9521 Parcel Number: 240718408002 Norman H & Virginia E Hunt 5597 County Road 233 Silt, CO 81652 Parcel Number: 240718408003 Robert & Judi Seidlitz 72 Lupine Lane Parachute, CO 81635 Parcel Number: 240718408013 Anthony S Disalle 89 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718408014 Donald Dean Andreatta 71 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718408015 Liane J Poell 51 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718408016 Mary Ellen Held 000035 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718408017 Gloria M Nicholson & Janet Klinder 0021 Ponderosa Parachute, CO 81635 November 10, 2016 21 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718409001 Carmen A Anderson 627 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718410003 Michelle Foster 600 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718410004 Joshua R Allen 614 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718410005 Daniel D Wilson 626 Ponderosa Circle Parachute, CO 81635 Parcel Number: 240718411008 Robin D & Rebecca M Kaspar 51 Pinetree Place Parachute, CO 81635 Parcel Number: 240718411009 Ron K & Susan J Thruston 864 County Road 323 Rifle, CO 81650-8605 Parcel Number: 240718411014 Charles E & Toni L Reinke Trustees of the Charles Reinke Rev Trust & the Toni L Reinke Rev Trust 966 Hickory Dr Rifle, CO 81650 Parcel Number: 240718411015 James E & Kathy A Stever 40 Hackberry Lane Parachute, CO 81635-9512 Parcel Number: 240718411016 Jacque Eisenach 54 Hackberry Lane Parachute, CO 81635 Parcel Number: 240718411017 John R & Dorathy M Johnson, III 62 Hackberry Lane Parachute, CO 81635-9512 Parcel Number: 240718411018 Kari L Arneson 259 W Danbury Court Grand Junction, CO 81503 Parcel Number: 240718411019 Rory J & Jamie B Birdsey 71 Hackberry Parachute, CO 81635 Parcel Number: 240718411020 Kenneth A Kuhn & Terri L Bell 61 Hackberry Lane Parachute, CO 81635-9468 Parcel Number: 240718411021 Lucas Fannin 51 Hackberry Lane Parachute, CO 81635-9512 Parcel Number: 240718411022 Brian Thaxton 780 Castle Dr Palisade, CO 81526-9780 Parcel Number: 240718411023 Austin Drewes & Nichole Goldshot 25 Hackberry Lane Parachute, CO 81635-9512 Parcel Number: 240718411024 Jared & Kelly Bartunek 187 Sagemont Circle Parachute, CO 81635 Parcel Number: 240718411025 Steven E & Janet L Cross 177 Sagemont Circle Parachute, CO 81635-9509 Parcel Number: 240718412019 Kenneth A & Judith K Seidel 0061 Holly Way Parachute, CO 81635 Parcel Number: 240718412020 AICC Ltd PO Box 6333 Parachute, CO 81635 November 10, 2016 22 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718412024 Steven M & Roberta Ann Young 214 Sagemont Circle Parachute, CO 81635-9511 Parcel Number: 240718412025 James G & Breanna Braeckel 194 Sagemont Circle Parachute, CO 81635 Parcel Number: 240718412026 Robert F & Jean Y Cutting Trustees of the Cutting Trust 178 Sagemont Circle Parachute, CO 81635-9511 Parcel Number: 240718412027 Kenneth L & Marilyn K Latham 1985 County Road 293 Rifle, CO 81650-9319 Parcel Number: 240718412028 Daniel Alberto Bucio Gonzalez 1160 Ballard Ave Silt, CO 81652 Parcel Number: 240718412029 M & B Enterprises LLC 16271 East Berry Drive Aurora, CO 80015 Parcel Number: 240718414001 Garfield County School District 16 PO Box 68 Parachute, CO 81635-0068 Parcel Number: 240718415001 Rifle Commercial Park LLC 677 25 1/2 Road Grand Junction, CO 81505 Parcel Number: 240718418028 Battlement Mesa Parcel 5, LLC 73G Sipprelle Dr Parachute, CO 81635 Parcel Number: 240718421001 Mark Kozuch 16 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421002 Thomas & Gretchen Millender 28 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421003 Clair Joan Darnall 31 Larkspur Place Parachute, CO 81635 Parcel Number: 240718421004 Edward C & Patricia J Murphy Bohlurns Property Investments LIc 1000 Abernathy Road, NE Building 400, SU, Atlanta, GA 30328 Parcel Number: 240718421005 Clell D Routson 34 Larkspur Place Parachute, CO 81635-9514 Parcel Number: 240718421006 Thomas H & Marianne Stroop 24 Larkspur Place Parachute, CO 81635-9514 Parcel Number: 240718421007 Myrna J & Tonya Payne 12 Larkspur Place Parachute, CO 81635 Parcel Number: 240718421008 Don W & Rosemary A Jablonsky 1405 Poppy Drive Haslet, TX 76052 Parcel Number: 240718421009 John M & Elaine R Shepherd 62 Limberpine Circle Parachute, CO 81635-9507 Parcel Number: 240718421010 Margaret J Sorensen 72 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421011 Linda Porter 80 Limberpine Cr Parachute, CO 81635-9507 November 10, 2016 23 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718421012 Patricia A Pate 90 Limberpine Circle Parachute, CO 81635-9507 Parcel Number: 240718421013 Bonita J Smeltzer 100 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421014 La Neva J Ostberg 116 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421015 Arnold Campbell 128 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421016 Arthur J & Carmen M & Anthony A Litschewski 142 Limberpine Circle Parachute, CO 81635-9507 Parcel Number: 240718421017 Relma Joyce Hopple 156 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421018 Robert E & Judy V Gordon 164 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421019 Raymond P & Nobue Barnes, III PO Box 628 Poncha Springs, CO 81242-0628 Parcel Number: 240718421020 Opal Morganthaller 176 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421021 Mary M & Michael A Whipple 182 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421022 Olson Family Trust U/A/D Dtd 10-22-09 188 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421023 Mark T & Elaine C Winter 190 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421024 Anna Maria Whalen 175 Rio Grand Lane Carbondale, CO 81623 Parcel Number: 240718421025 Pamela M & Clydell J Bowen PO Box 6793 North Logan, UT 84341 Parcel Number: 240718421026 Dennis Lightbown & Judy Dubey 600 Sopris Ave Carbondale, CO 81623 Parcel Number: 240718421027 Dennis Lightbown & Judy Dubey 600 Sopris Ave Carbondale, CO 81623 Parcel Number: 240718421028 Dennis Lightbown & Judy Dubey 600 Sopris Ave Carbondale, CO 81623 Parcel Number: 240718421029 Dennis Lightbown & Judy Dubey 600 Sopris Ave Carbondale, CO 81623 Parcel Number: 240718421030 James M Teters 250 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718421031 Canyon View Homeowners Association 73 Sipprelle Dr, Ste G Parachute, CO 81635-9213 November 10, 2016 24 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718422001 Iven J Rosheim PO Box 160937 Big Sky, MT 59716 Parcel Number: 240718422002 Carolyn Day 22 Aster Court Parachute, CO 81635 Parcel Number: 240718422003 Michelle A & Eric K Scharfenberger 32 Aster Court Parachute, CO 81635 Parcel Number: 240718422004 Jesus Ruiz 42 Aster Court Parachute, CO 81635 Parcel Number: 240718422005 J Gordon Corn PO Box 525 Morrison, CO 80465 Parcel Number: 240718422006 Martha S Fisher Trust 55 Aster Court Parachute, CO 81635 Parcel Number: 240718422007 Sharon Ann & John M Kehm, Jr 17211 Snow Creek Ln Morrison, CO 80465 Parcel Number: 240718422011 Canyon View Homeowners Association 73 Sipprelle Dr, Ste G Parachute, CO 81635-9213 Parcel Number: 240718423001 Kovacs Family 2000 Living Trust 0299 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718423002 Mary Farr PO Box 73 Snowmass, CO 81654 Parcel Number: 240718423003 Dustin Daniel & Carrie Lynn Seals 267 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718423004 Elizabeth Pauline Jones 249 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718423005 Akiko Kay Woody 235 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718423006 Brian K & Lesa A Rust 223 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718422008 Parcel Number: 240718423007 Janice A Branaman Karal Schlundt Trustee of the Janice A Branaman Trust Dated 497 County Road 167 5-24-96 Glenwood Springs, CO 81601 35 Aster Court Parachute, CO 81635 Parcel Number: 240718423008 Kevin P & Amy L Roberts Parcel Number: 240718422009 1717 County Road 247 Walt S & Cindy L Moyer II New Castle, CO 81647 25 Aster Court Parachute, CO 81635 Parcel Number: 240718423009 Timothy L Haske Parcel Number: 240718422010 191 Limberpine Circle Joseph & Susan Campbell Hawkins Parachute, CO 81635 15 Aster Court Parachute, CO 81635 November 10, 2016 25 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718423010 Clark A & Margaret L Postlethwaite 0012 Poppy Court Parachute, CO 81635 Parcel Number: 240718423014 Michael McCredie 16 Constitution Circle Holliston, MA 01746 Parcel Number: 240718423021 Harvey Everett & Stacie Georg 15 Poppy Court Parachute, CO 81635-2500 Parcel Number: 240718423022 Joe Lindt Bypass Trust 12 Cedar Court Parachute, CO 81635 Parcel Number: 240718423030 Neldon & Elizabeth Bascom 27 Limberpine Circle Parachute, CO 81635 Parcel Number: 240718423031 Kevin & Rhonda Coleman 101 Monument Ridge Road Parachute, CO 81635 Parcel Number: 240718423032 Canyon View Homeowners Association 73 Sipprelle Dr, Ste G Parachute, CO 81635-9213 Parcel Number: 240718424001 Danielle & Jeffrey Wallberg 533 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718424002 Mark A & Edie R Jansen 515 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718424003 William J Bugni 473 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718424004 William J Bugni 473 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718424011 L Warren Jewell 86 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718424012 Federal Home Loan Mortgage Corporation 5000 Plano Parkway Carrollton, TX 75010 Parcel Number: 240718424013 Jaime & Irma Perez 52 Lodgepole Circle Parachute, CO 81635-9574 Parcel Number: 240718424014 James C & Laura J Sanders 3664 G 7/10 Road Palisade, CO 81526-8727 Parcel Number: 240718424015 Guy J & Diane M Meyer 35 Snowberry Place Parachute, CO 81635 Parcel Number: 240718424016 John W Jr & Phyllis A Nihiser 43 Snowberry Place Parachute, CO 81635 Parcel Number: 240718424017 Russell & Lori Cartwright 18 Valley View Place Parachute, CO 81635 Parcel Number: 240718424018 David G & Linda S Devanney 28 Snowberry Place Parachute, CO 81635 Parcel Number: 240718424019 Steven M & Candi E Linaman 22 Snowberry PI Battlement Mesa, CO 81635 November 10, 2016 26 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240718425002 Sheppelman Living Trust 171 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718425003 Joel R & Sandra L Toomey 71 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718425004 Stephen L & Robin Ackal 2218 Sugar Mill Road New Iberia, LA 70563 Parcel Number: 240718425005 Derek Priestley & Paula M Helliwell, J/T 129 Battlement Creek Trail Parachute, CO 81635 Parcel Number: 240718425006 Virginia L Allen Living Trust 21 Lodgepole Circle Parachute, CO 81635 Parcel Number: 240718426001 Ursa Piceance LLC 1050 17th St, Ste 2400 Denver, CO 80265 Parcel Number: 240718426002 Ursa Piceance LLC 1050 17th St, Ste 2400 Denver, CO 80265 Parcel Number: 240718426003 Ursa Piceance LLC 1050 17th St, Ste 2400 Denver, CO 80265 Parcel Number: 240719107026 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719107027 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719107028 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719107029 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719107030 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719107031 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719107032 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719107033 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719108001 Saddleback Village Convenience Center, LLC PO Box 6000 Parachute, CO 81635 Parcel Number: 240719108002 Lynn Shore PO Box 6144 Parachute, CO 81635 Parcel Number: 240719126004 Ursa Piceance LLC 1050 17th St, Ste 2400 Denver, CO 80265 November 10, 2016 27 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240719126006 Monument Ridge, LLC PO Box 7 Woody Creek, CO 81656 Parcel Number: 240719200133 Battlement Mesa Service Assoc 401 Arroyo Dr Parachute, CO 81635 Parcel Number: 240719207005 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719207006 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719207007 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719207008 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240719207009 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207010 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207011 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207012 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207013 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207014 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207015 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207016 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207017 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207018 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207019 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 November 10, 2016 28 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240719207020 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207021 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207022 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207023 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207024 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240719207025 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 81635 Parcel Number: 240720100080 Alberta & Wayne Payton 702 County Road 303 Parachute, CO 81635 Parcel Number: 240720100180 Gerald D & Kyong A Cook 602 County Road 303 Parachute, CO 81635 Parcel Number: 240720100181 Marl M & Patricia L Martin 700 County Road 303 Parachute, CO 81635 Parcel Number: 240721200051 Encana Oil & Gas (USA) Inc c/o Merit Appraisal & Tax Consulting PO Box 330 Gainesville, TX 76241 Parcel Number: 240721400954 Colorado River Valley Field Office Bureau of Land Management 2300 River Valley Field Office Silt, CO 81652 Parcel Number: 240913101002 Town of Parachute PO Box 100 Parachute, CO 81635-0100 Parcel Number: 240913400020 Green Head Investments 1 LLC 73G Sipprelle Dr Parachute, CO 81635 Parcel Number: 240913405001 Parachute/Battlement Mesa Park And Recreation District PO Box 299 Parachute, CO 81635 Parcel Number: 240913406001 Battlement Mesa Metropolitan District 401 Arroyo Dr Battlement Mesa, CO 81635 Parcel Number: 240913406003 Battlement Mesa Metropolitan District 401 Arroyo Dr Battlement Mesa, CO 81635 Parcel Number: 240913406004 Battlement Mesa Partners PO Box 6000 Parachute, CO 81635 Parcel Number: 240924100089 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 November 10, 2016 29 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Parcel Number: 240924100109 Battlement Mesa Metropolitan District 401 Arroyo Dr Parachute, CO 81635 Parcel Number: 240924100115 ATTN AIG Investments The United States Life Insurance Company 777 S Figueroa Street, 16th Floor Los Angeles, CA 90017 Parcel Number: 240924200104 Puckett Land Company 5460 S Quebec St, Ste 250 Greenwood Village, CO 80111-1917 Parcel Number: 240924200158 Metcalf Property Management LLC 150 Columbine Court Parachute, CO 81635 Parcel Number: 240924400124 James Eugene & Monique Teresa Speakman 5242 County Road 300 Parachute, CO 81635 Parcel Number: 999999999999 No Information Found November 10, 2016 30 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Battlement Mesa Company Battlement Mesa PUD Text Amendment Permitted Uses — Injection Well And PUD Zone District Amendment Mineral Rights Owners Parcel 2407-081-00-152 November 9, 2016 ABO Petroleum Corporation 105 South 4th St Artesia, NM 88210 B & V Developers 259 CR 320 Rifle, CO 81650 Charlene Ashton Revocable Living Trust 1040 Oakridge Way Auburn, CA 95603 Kevin McCarty Chevron Corporation 1400 Smith St, Room 47170 Houston, TX 77002 CoBank, FCB 245 North Waco Wichita, KS 67202 Delbarco, Inc. PO Box 781581 Wichita, KS 67278 Richard Champion Encana Oil & Gas (USA) Inc. 370 17th St, Ste 1700 Denver, CO 80202 Paul Keffer ExxonMobil Corporation 810 Houston St Fort Worth, TX 76102 Garfield County Board of County Commissioners 108th 8th St Glenwood Springs, CO 81601 Garfield County Board of County Commissioners 108 8th St, Ste 213 Glenwood Springs, CO 81601 Hill Country Hospitality, LLC 5921 The Knolls Lincoln, NE 68507 Parachute Lodging, LLC 581 East Saint George Blvd Saint George, UT 84770 Paradise Valley Minerals PO Box 6000 Battlement Mesa, CO 81636 Sharbro Oil Ltd. 423 Main St Artesia, NM 88210 The Town of Parachute 222 Grand Valley Way Parachute, CO 81635 Ursa Operating Company LLC 1050 17th St., Ste 2400 Denver, CO 80265 Bart Valls WPX Rocky Mountain, LLC 1001 17th St, Ste 1200 Denver, CO 80202 Yates Petroleum Corporation 105 S. 4th St Artesia, NM 88210 Ramona Amundsen 112 W. Aliso St. Ojai, CA 93023 Terry & Joaquin Baeza 1408 Texas St Redlands, CA 92374 Norman & Kateri Feck 8968 County Road 300 Parachute, CO 81635 November 10, 2016 31 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Kathy & Roger Flowers 488 England Hollow Chillicothe, OH 45601 Sharon Gardner 1236 County Road 302 Parachute, CO 81635 Marsha Glandon 2176 3rd Road Wakefield, KS 67487 Edward & Ida Hoaglund County Road 309 Parachute, CO 81635 Russell & Margo Johnson 296 Nikolau Place Hilo, HI 96720 Gloria & Robert Martin 8940 Turbine Way Reno, NV 89506 Ella & Richard O'Rourke 3744 Big Dipper Crt Sparks, NV 89436 Charles & Teresa Parkhurst 216 Willow Ave Roseville, CA 95678 David Parkhurst 3362 Victoria Crt Springfield, MO 65809 John Irving Parkhurst 2208 Edgewood Dr Detroit Lakes, MN 56501 Sara Parkhurst 1923 E. Marsa Springfield, MO 65804 Cheryl Powers 1040 Oak Ridge Way Auburn, CA 95603 Marlene Stone 4700 Aurora Dr #24 Ventura, CA 93003 Betty Lou & Donald Timms PO Box 1361 Ojai, CA 93024 Betty Lou & Donald Timms PO Box 1361 Ojai, CA 93024 Kathryn Tucker 2974 Main Ave Durango, CO 81301 Della Vanbeber 317 W. 9th St Rifle, CO 81650 November 10, 2016 32 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Battlement Mesa Company Battlement Mesa PUD Text Amendment Permitted Uses — Injection Well And PUD Zone District Amendment Adjacent Property Owners Parcel 2409-134-06-004 November 9, 2016 Parcel Number: 240708100152 Battlement Mesa Land Investments 73 G Sipprelle Dr Parachute, CO 81636 Parcel Number: 240718200004 Dennis L Burke PO Box 114 Parachute, CO 81635 Parcel Number: 240718300001 Dennis L Burke PO Box 114 Parachute, CO 81635 Parcel Number: 240913406001 Battlement Mesa Metropolitan District 401 Arroyo Dr Battlement Mesa, CO 81635 Parcel Number: 240913406003 Battlement Mesa Metropolitan District 401 Arroyo Dr Battlement Mesa, CO 81635 Parcel Number: 240913406004 Battlement Mesa Partners PO Box 6000 Parachute, CO 81635 November 10, 2016 33 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Battlement Mesa Company Battlement Mesa PUD Text Amendment Permitted Uses — Injection Well And PUD Zone District Amendment Mineral Rights Owners Parcel 2409-134-06-004 November 9, 2016 ABO Petroleum Corporation 105 South 4th St Artesia, NM 88210 B & V Developers 259 CR 320 Rifle, CO 81650 Caerus Piceance LLC 600 17th St, Ste 1600-N Denver, CO 80202 Charlene Ashton Revocable Living Trust 1040 Oakridge Way Auburn, CA 95603 Kevin McCarty Chevron Corporation 1400 Smith St, Room 47170 Houston, TX 77002 CoBank, FCB 245 North Waco Wichita, KS 67202 Delbarco, Inc. 214 S Rock Rd, Ste 109 Wichita, KS 67207 Salome Bekkedahl Encana Oil & Gas (USA) Inc. 370 17th St, Ste 1700 Denver, CO 80202 Paul Keffer ExxonMobil Corporation 810 Houston St Fort Worth, TX 76102 Garfield County Board of County Commissioners 108 8th St, Ste 213 Glenwood Springs, CO 81601 Garfield County School District 16 PO Box 68 Parachute, CO 81535 Glenn Meadows HOA PO Box 360 Parachute, CO 81635 Grand Valley Homes Inc. PO Box 1914 Rifle, CO 81650 Grand Valley Park Association 138 County Road 355 Parachute, CO 81635 Hill Country Hospitality, LLC 9900 Spectrum Dr Austin, TX 787117 John Lyons Family Partnership 8714 County Road 300 Parachute, CO 81635 Lacy Park LLC 4151 W. Centennial Parkway Rifle, CO 81650 Parachute Lodging, LLC 581 East Saint George Blvd Saint George, UT 84770 Paradise Valley Minerals PO Box 6000 Battlement Mesa, CO 81636 Puckett Land Co. 5460 S Quebec St Greenwood Village, CO 80111 Sharbro Oil Ltd. 423 Main St Artesia, NM 88210 November 10, 2016 34 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Ida The Town of Parachute P 0 Box 100 Parachute, CO 81635 Theo Ertl Trust 229 Terry St Longmont, CO 80501 Ursa Operating Company LLC 1050 17th St., Ste 2400 Denver, CO 80265 Wissler 1992 Trust PO Box 42 Parachute, CO 81635 Bart Valls WPX Rocky Mountain, LLC 1001 17th St, Ste 1200 Denver, CO 80202 Yates Petroleum Corporation 105 S. 4th St Artesia, NM 88210 Ramona Amundsen 112 W. Aliso St. Ojai, CA 93023 Terry & Joaquin Baeza 1408 Texas St Redlands, CA 92374 Norman & Kateri Feck 8968 County Road 300 Parachute, CO 81635 Kathy & Roger Flowers 488 England Hollow Chillicothe, OH 45601 Sharon Gardner 1236 County Road 302 Parachute, CO 81635 Marsha Glandon 2176 3rd Road Wakefield, KS 67487 Crystal Glenn 150 Creek St Parachute, CO 81635 Gary & Catherine Gros 264 Surrey St Carbondale, CO 81623 Ida Hoaglund 4064 County Road 309, Apt. 4 Parachute, CO 81635 Russell & Margo Johnson 659 W Redondo Place Green Valley, AZ 85614 Ivo & Sidney Lindauer 269 Lodgepole Cr Parachute, CO 81535 Gloria & Robert Martin 8940 Turbine Way Reno, NV 89506 Carl & Christina Metcalf 4827 County Road 300 Parachute, CO 81635 Morris & Sandy Mitchell 110 Creek Street Parachute, CO 81635 Salvador Moreno 165 Creek St Parachute, CO 81635 Ella & Richard O'Rourke 3744 Big Dipper Crt Sparks, NV 89436 Charles & Teresa Parkhurst 216 Willow Ave Roseville, CA 95678 David Parkhurst 3720 N Delaware Ave Springfield, MO 65803 John Irving Parkhurst 213 Coffee Mill Creek Rd Georgetown, TX 78633 November 10, 2016 35 Adjacent Land Owners and Mineral Rights Owners Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837 Sara Parkhurst 3362 Victoria Ct Springfield, MO 65809 Gabriel Perez 230 Van Horn Parachute, CO 81635 Cheryl Powers 1040 Oak Ridge Way Auburn, CA 95603 Richard & Patricia Reynolds PO Box 360 Parachute, CO 81623 Frederick Sirotek 210 Van Horn Lane Parachute, CO 81635 Saul Braverman 2930 Neilson Way, Unit 410 Santa Monica, CA 90405 Marlene Stone 4700 Aurora Dr #24 Ventura, CA 93003 Betty Lou & Donald Timms 2320 Cottage Dr Auburn, CA 95603 Tommy Tucker 183 HD Ln, Apt H Bayfield, CO 81122 Jennifer Burris 669 County Road 326 Silt, CO 81652 Robert Whistler PO Box 322 Wellington, CO 80549 John & Margaret Wiernga 8610 Hwy. 6 and 24 Parachute, CO 81635 Fredrick & Christin Woodhouse 1470 County Road 300 Parachute, CO 81635 Gloria Murillo Zamarripa 230 Van Horn Parachute, CO 81635 November 10, 2016 36 NOT TECHNICALLY COMPLETE RESPONSE LETTER O\OLSSON ASSOCIATES O\OLSSON ASSOCIATES NTC Responses All documents referenced in the following NTC Responses have been incorporated into the appropriate sections of the application. 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.olssonassociates.com OLSSON ASSOCIATES December 8, 2016 Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Completeness Review Battlement Mesa PUD Amendment PUAA-11-16-8497 Dear Glenn: Thank you for your review and comments to Battlement Mesa Company's submittal for amendments to the Battlement Mesa PUD regarding Injection Wells within the PUD. This letter serves to address the items you identified in your Not Technically Complete letter dated December 5, 2016. 1. The Statement of Authority for Battlement Mesa Partners is for an LLC while the deed indicates that it is a general partnership. Please provide clarification or evidence on the conversion to an LLC or if that is not possible provide a Statement of Authority from the general partnership. Response: Battlement Mesa Partners has provided an Action of Written Consent of the General Partners of Battlement Mesa Partners approving the conversion of the partnership to an LLC in May of 2007. Also included is the document submitted to the Colorado Secretary of State's office regarding the conversion. 2. Please confirm that your list of adjacent property owners to be notified included property adjacent to both of the parcels identified in your submittal. Response: Included in this response is a revised copy of the list of adjacent property owners clearly showing the adjacent owners for each parcel. 3. The Application needs to address Section 4.12.03 of the Land Use Resolution of 1978. A copy of this section is included in your pre -application summary. Response: The application narrative has been revised to include a section addressing Section 4.12.03 of the Land Use Resolution of 1978. A copy of the revised narrative is included with this response. 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.olssonassociates.com Completeness Review Response, Battlement Mesa PUD Amendment PUAA-11-16-8497 Page 2 These revisions will be incorporated into the Agency Review copy of the application package once the submittal has been deemed Technically Complete. Please let us know how we can be of further assistance in the approval of this submittal. Sincerely, iTied- TiIda Evans Assistant Planner cc: Eric Schmela, Battlement Mesa Company Cari Mascioli, Ursa Operating Company Attachments: Battlement Mesa Partners Conversion to LLC Revised Adjacent Property Owners List Revised Application Narrative