HomeMy WebLinkAbout4.2 Battlement Mesa Special Warranty Deed dated 12-20-89%%coded Ed
4U85� clock f . M _ is - a 1 -'
Reception No. _ - Q6 fL''TFr'+ A; ,;CRF, RECORDER
//,1;/ GARFIELD COUNTY, COLORADO
SPECIAL WARRANTY DEED
BOOK 769 pan518
GARFIELD
Etat° Doc. Fee
l5o
BATTLEMENT MESA, INC., a Delaware corporation, with
an address of 800 Bell Street, Houston, Texas 77001, for the
consideration of ten dollars and other good 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 aal= day of December, 1989.
;.&. ;: T j/.;.
ATTEST
�T' i;
,-John C. Moll -, Secretary
STATE OF COLORADO
COUNTY OF ARAPAHOE
) ss.
BATTLEMENT MESA, INC.,
a Delaware corporation
By:
Ri-Td A
Preside
tonger, Vice
The foregoing instrument was acknowledged before me
this , t. _ day of December, 1989 by Richard A. Stanger as Vice
President and John C. Moline as.Secretary of Battlement Mesa,
Inc., a Delaware corporation.
WITNESS my hand and official seal.
My commission expires:n,
E
•
tatsD/AR4
Not•:ry Public
enc( 769 PrE519
EXHIBIT A
(Attached to and made a part of
Special Warranty Deed dated as of
December ', 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 NEI/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 SEI/4 of said
Section 5, North 87°26'14" West a distance of 663.79 feet,
to the Northwest Corner of said SEI/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 SW1/4 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
Book 769 r1cE5,21)
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 SEI/4;
Thence along the South line of the NI/2 SW1/4 of Section
9, North 88°38'08" West a distance of 2654.44 feet to the
Southwest Corner of said NI/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 SEI/4 of Section 8;
A-2
Mx 769 PAeff52j.
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 WI/2 NE1/4 of Section 17;
Thence along the North line of the NE1/4 SE1/4 of Section
17, South 88°46'04" 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 SWI/4;
Thence along the East line of the SWI/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 NEI/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
BOOX 769 PaGES22
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 01°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 NE1/4;
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 31°20'39" East a distance of 413.32 feet;
North 23°57'45" East a distance of 196.98 feet;
North 03°44'35" East a distance of 107.23 feet;
North 78°09'48" East a distance of 170.63 feet;
North 29°11'58" East a distance of 807.63 feet;
North 41°32'54" East a distance of 223.14 feet;
North 43°05'27" East a distance of 127.35 feet;
North 45°29'15" East a distance of 332.35 feet;
North 87°42'34" East a distance of 50.04 feet;
North 31°06'41" West a distance of 332.88 feet;
North 22°45'04" West a distance of 336.16 feet;
North 39°02'08" West a distance of 476.34 feet;
North 25°36'08" West a distance of 266.13 feet;
North 04°45'49" West a distance of 301.04 feet;
North 20°21'12" East a distance of 330.64 feet;
North 30°23'55" East a distance of 434.77 feet;
North 40°00'23" East a distance of 365.55 feet;
North 59°27'09" East a distance of 354.15 feet;
North 67°50'01" East a distance of 437.32 feet;
South 74°03'17" East a distance of 145.60 feet;
North 74°48'51" East a distance of 362.66 feet;
North 77°02'26" East a distance of 383.98 feet;
North 80°16'54" East a distance of 645.06 feet;
North 53°05'34" East a distance of 612.80 feet;
North 36°59'27" East a distance of 284.20 feet;
North 39°38'39" East a distance of 136.36 feet;
A-4
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
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$OOK 769 NCE523
of
of
of
of
of
of
of
of
of
of
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of
Thence leaving said Colorado River centerline
81°08'11" East 415.22 feet;
Thence North 01°04'10" East a distance
Thence South 88°24'36" East a distance
Thence North 53°18'25" East a distance
the southerly Right -Of -Way
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" West a distance of 13.56 feet;
Thence South 79°47'18" West a distance of 24.89 feet;
Thence South 37°23'26" West a distance of 100.52 feet;
Thence South 06°07'27" West a distance of 83.52 feet;
Thence North 88°48'43" East a distance 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 chord 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;
of the
266.27 feet;
219.01 feet;
298.65 feet;
290.82 feet;
292.31 feet;
241.68 feet;
271.65 feet;
380.79 feet;
375.67 feet;
261.72 feet;
105.48 feet;
159.76 feet;
105.19 feet;
South
of 485.22 feet;
of 83.00 feet;
of 635.50 feet to
existing County
A-5
BOOK 769 PMGE524
Thence North 64°50'00' 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 13°05'07" East
North 06°43'43" East
North 19°49'25" East
North 42°43'01" East
North 56°49'54" East
North 49°26'57" East
North 61'16'18" East
North 67°09'59" East
North 69°11'36" East
North 87°08'15" East
South 73°22'09" East
North 88°43'46" East
South 88°09'51" East
South 82°24'43" East
South 84°31'33" East
South 84°58'17" East
North 42°17'27" East
North 27°02'16" East
a distance
a distance
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a distance
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of 307.73
of 896.17
of 613.35
of 426.02
of 182.78
of 246.11
of 853.00
of 206.15
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
of 267.44 feet;
of 320.40 feet;
of 80.36 feet;
of 541.13 feet;
of 312.16 feet;
of 155.46 feet;
of 332.93 feet;
of 244.74 feet;
of 998.88 feet;
of 109.07 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 PdcE525
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 of the right-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
Section 7, Township 7 South,
NE1/4 SE1/4 of
6th P.M.;
thence South
thence South
thence South
thence North
thence North
thence North
thence North
beginning.
Excepted Parcel 5
corner of the
Range 95 West,
02°36 1/2' West 586.9 feet;
75°07' East 196 feet;
65°03' East 92.8 feet;
65°50' East 12.2 feet;
85°44' West 201 feet;
02°36 1/2' East 650 feet;
85°44' West 489.4 feet to the point of
A parcel of land conveyed to the Grand Valley Cemetery
District located in Section 17, Township 7 South, Range 95
A-7
liaoK 769 ncE526
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 1. White by deed dated ovember 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 I8,
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°37'00" 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°23'52" 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
September 13, 1911
March 9, 1915
March 9, 1915
March 9, 1915
March 9, 1915
March 9, 1915
August 9, 1950
August 9, 1950
August 9, 1950
December 3, 1907
January 5, 1905
March 9, 1915
Book/Page
83/520
86/341
86/344
86/345
86/343
86/340
252/17
252/18
256/16
67/514
62/77
86/342
Reception No.
42609
51360
51363
51364
51362
51359
173062
173063
173061
34352
30258
51361
Excepted Pit el s
All land conveyed to Public Service Corporation by the
following deeds:
Eecor ina Date Book Pa e
Rece tion No.
BfoOK 769 P'GE527
September 11, 1909
May 25, 1961 79/146
334/242 37734
re-recorded June 6, 1961 334/324 213846
213952
Exce ted Parcel 9
That portion conveyed to The Mountain States Telephone and
Telegraph Company by document recorded June 7
Book 576 at Page 230 as Reception No. 316688. 1881 in
Exce ted 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 Book 597 at Page 229
as Reception No. 326735.
Exce ted a c 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,
Dawson, Stephen M. Virden, t Delbert aE.
Wilde, bRobert A. Foster and William W.
at Page231oasReceptionNo.389775.
ent ed 22, 1988 in Book 729
Exce ted arcel 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
MK 769 ££cE528
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, Biock 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,
Biock 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:
BOOK 769 P CES29
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 1
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 PaCE53O
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 30
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.
BOO!( 769 ? t3E5 si_
EXHIBIT B
(Attached to and made a part of
Special Warranty Deed dated as of
December ':C, 1989, executed by Battlement Mesa, Inc.)
MATTERS TO WHICH TITLE I5 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 NE3SE3E Section 5
April 1, 1914 71/600 49239 SE3tSE3t Section 5
NEWE4 Section 5
September 18, 1906 56/559 32387 SW3tSE3t Section 5
NW4NE1/2 Section 8
August 22, 1899 12/523 21948 Lot 8, SE341011/2, NW4SE3
Section 5
September 19, 1908 73/10 35783 Lot 11 Section 5 and
N3.NW3( Section 8
August 23, 1902 56/461 26945 SE3NE'I,NE3;NE34 Sec. 7
SE3rNW31 Section 8
June 9, 1913 73/65 47124 Lot 11, Section 6
November 3, 1897 12/466 20441 NE3tSE34 Section 8
May 19, 1919 73/109 66522 NW4SW3 Section 9
May 5, 1911 71/475 41850 Lot 7, NE31SE3t Sec. 7
NW30W3 Section 8
June 6, 1893 12/236 16020 WIW3t, NWhNE3t Section 17
NEWE4 Section 18
January 2, 1896 12/391 18951 NW3tSE34, SE3tSW3t Section 8
February 17, 1923 73/140 81888 SEhSE3t Section 7
SWSW4 Section 8
October 1, 1910 71/438 40359 NE3SW3, SWItSE3 Section 8
December 26, 1912 71/583 45941 SW3:SW34 Section 16
February 14, 1894
November 1, 1910
October 6, 1902
December 11, 1897
January 15, 1918
March 21, 1904
12/296
71/441
56/462
12/468
71/612
56/495
May 28, 1898 12/488
March 2, 1897
May 28, 1928
May 11, 1894
12/452
73/114
12/319
November 11, 1893 12/254
16909
40540
BOOK 763 NcE532
,�3RSction 17
N tNW 4S ection 17
SW31NE4• SE3gNW1/2, SW1NW3(
Section 17
27079 Lot 10, SE SW3j, NE3SW1/2,
SW3NSE3 Section 7
20535 N N Section 18
035 ��► N 3 S� Section 18
6SW3rNE3r, N1/2SE3s Section 18
29234 SWIcSW1/2 Section 17
21006 SASE, SE3�5W3� Section 18
Lots 1 & 2 Section 19
19953 ENE3 Section 24
71310995EN► DINO* Section 19
Lot 1, SW30NF4 Section 24
17275 Lot 4 & 5 Section 18
Lots 6, 7 & 14 Section 13
16517 Lots 5, 8 & 9 Section 13
4. Right of way for ditches or canals const
the United States as reserved in United
follows:
RECORDED BOOK/PAGE
September 26, 1900 12/541
September 18, 1906 56/599
August 22, 1899
September 19, 1908
August 23, 19Q2
June 9, 1913
June 15, 1954
September 21, 1946
June 23, 1913
May 24, 1911
May 2, 1911
March 19, 1954
November 3, 1897
May 19, 1919
June 22, 1914
June 18, 1920
May 5, 1911
12/523
73/10
56/461
REC. NO.
22987
32387
21948
35783
26945
73/65 47124
277/78 186136
218/348 158528
92/264 47238
71/477 41956
71/474 41287
275/519
12/466
73/109
52/332
112/525
71/475
8-2
185342
20441
66522
49730
71552
41850
ructed by the authority of
States Patents recorded as
LAND AFFECTED
NEhSE3g Section 5
SW3iSE3 Section 5
NW1/2NE1/2 Section 8
Lot 8, SE14S , NW3rSEh
Section 5
Lot 11 Section 5
N3NW3 Section 8
SEWE3r , NE4NEh Section 7
SW31SW3f, SE3WW4 Section 8
Lot 11 Section 6
Lot 9 Section 5
Lot 1 Section 7
S3INE3 Section 8
W3fNW3, SEWW4, SW3LNE3t
Section 9
N3 SE3i Section 9
NWSW4,SW4NW4 Section 10
NE3iSW34 Section 9
NE3rSE3< Section 8
NW3NSW1/2 Section 9
SE1/2NE3 Section 9
NE4NE3 Section 9
Lot 7, NE1/2SE1( Section 7
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 11, 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
Bog 769 PAGE5 33
NW4SW3 Section 8
N3 NW'�c, NW3tNE3t Section 17
NEWE1/2 Section 18
NW1/2SE3, SE3tSW3 Section 8
SEWEh Section 7
SW3tSW4 Section 8
NE34SW1/2, SW30E1 Section 8
SW3SW3 Section 16
E3SE3t, NW3ESE3t Section 17
NE3SW1/4, E33SW34SE3
N3 141SW3t Section 17
SW3tNE1/2, SE3tNW3t , SW3zNW1/2
Section 17
Lot 10, SE3SW3, NE3*SW3t
SW3tSE4 Section 7
NW3tNE1/4 Section 18
E34NW3t , NE3S Wit Section 18
SW3tNE3 Section 18
SW1/2SW4 Section 17
S3 5E3t, SE1/2SW3 Section 18
E3NW3t, W3NE3t Section 19
Lot 1, SW1/2NE1/2 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. NO. LAND AFFECitD
April 2, 1887 4021 NW1/2NW3t Section 8
August 8, 1887 4988 NWhNW1/2 Section 8
September 1, 1897 20314
June 29, 1885 1631
March 27, 1893
June 3, 1910
15514
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
NW3iNW3 Section 8
NW3tNW33 Section 8
NW3rNW31 Section 8
S3SW3t Section 5
O'Toole, Marrow, Dobey, Shutt, Musconetcong,
Studt #2 and Ditch No. 1 as shown on ditch map by Wright Water
B-3
.13D0K 769 n 534
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. (SE3NWh, S S
3� W3KNE3< 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 SWWW4 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.
Z2. 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 5E3 of Section 7 and NE3=NW3s and NW3xNE3Y 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. (NWhNE1/2
and E3NW3K of Section 18)
11.
B-4
BFTOK 769 PAGE53 5
14. Easements and rights of way
Y granted to Public Service Company of
Colorado by the
q documents: ments:
RECORDED BOOK/PAGE
RECEPTION NO.
April 21, 1960 325/344
October 20, 1960 209185
April 21, 1960 330/354 211380
November 2, 1960 325/246 209187
330/515 211604
15. Easement and right of way
Ada M. Alderson in deed tofWesteor rnlS pipeline
GassCompanyorecord by
April 2, t963sincBook 348aat Company recorded
page 191 as Reception No. 220917,
ion of the easement is not defined.
16. Right of way easement being 15 feet in width as ran
Cross Electric Association, j ted toI Holy
Inc
document recorded October 19.' by James H. Smith, Jr. in
1971 in Book 423 at page 521 as
Reception No. 251434, in which the specific location is not
17. Right of wayas reserved by
recorded Stmber e8 The Town of Grand Valley in document
No. 42601 which reads, asin Book 83 at
page 516 as Reception
"The part aoof totheirstcp rt hereby reservinga
right
ig other of
fgway to wayhand so-rescalled
uppersitps which a good and sufficient
ofed springs for a pipeline and all
become necessary for the proper enlargement ormimprovementy at any lof
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.
Valley recorded May 11, 1961 in Book o334n nat pa d The Town asf RGrand
eception
No. 213715. (All lands in Section 5) page 79 Reception
18• Right of way easement as
James H. Smith, Jr. by Julydocument drecoto rdedern 15, ope Gas inmk 3by
4
at page 565 as Reception No. 218053, 1962 Book 342
SE�SE3 Section 9) ( +[SW�t Section 10, S SE
19. Right of way easement as granted to Holy Cross Electric Associat
Inc., by James H. Smith, Jr. by document recorded September 17, ion,
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
Orchard Place as contained in the Statement thereon recorded of
March 24, 1911 as Reception No. 41574. (FSW,
hihSEh Section 8)
3-5
booK 769 P4CE53S
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
DATE RECORDED
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
June 3, 1985
June 3, 1985
June 3, 1985
June 3, 1985
June 3, 1985
June 3, 1985
June 26, 1985
November
April 10
December
October
June 9,
easements by Batlement Mesa,
BOOK/PAGE REC. NO.
669/648 362160
669/653 362161
26, 1985
, 1986
28, 1987
5, 1988
1989
669/659 362162
669/665 362163
669/672 362164
669/677 362165
669/682 362166
669/687 362167
669/692 362168
669/699 362169
669/705 362170
669/711 362171
669/716 362172
669/723 362173
669/728 362174
669/733 362175
669/740 362176
669/747 362177
669/752 362178
669/757 362179
669/762 362180
669/767 362181
669/772 362182
669/777 362183
669/783 362184
669/788 362185
669/793 362186
671/267 362837
679/550 366906
686/444 370148
726/857 388564
742/180 395840
755/896 402239
B-6
Inc. as set out below:
LAND AFFECTED
SEh Section 18
W3 Section 17
Eh Section 18
NWh Section 19
NEh Section 18
N3 Section 18
SE3 Section 18
NEhSW3t, NW31SE3i Section 7
NWh Section 17
NW3( Section 17
NWh Section 17
NEhSE3; Section 8
S3SE3t Section 7
NW3t Section 18
NEhSE3 Section 8
SE3z Section 18
N3NW3i Section 19
SW3tSW1/2 Section 18
NE3 Section 18
SE3r Section 7
Eh Section 19
SW3i Section 18
SW1/2 Section 8
NW3r Section 8
S3 Section 18
N1 Section 19
Pt. Sections 17, 18, 19
and 24
NESE Section 18
NWh Section 17
NE3 Section 18
NW31 Section 17
NE3 Section 24
NEhSEh Section 7
SEh Section 18
NE3i Section 7
SEh Section 6
SE1NWh Section 17
NE3 Section 7
SEI Section 6
April 10, 1986
May 23, 1988
November 3, 1989
23. Deeds
NAME
County Road No. 307
(River Bluff Road)
Morrisania Road
Battlement Parkway
of Dedication
686/439
734/788
766/297
370147
392256
407082
for the following:
RECORDED
January 10, 1989
January 10, 1989
January 10, 1989
Booz 769 P.cx537
SDI Section 17
NE3z Section 17
SW3 Section 17
24. Declaration of License for utilities recorded
Book 732 at page 889 as Reception No. 391391.
25. Underground electrical easements being 10 feet in width asrant
to Holy Cross Electric Association by the following documents:ed
RECORDING DATE BOOK/PAGE REC. NO.
April 22, 1982 597/678 327005 LAND AFFECTED
April 22, 1982 597/879 327006 Section 17
r
May 3, 1982 598/482 Section 17
327354 Lot 1, Block 1, Town
June 3, 1985669/798 Center Phase One
362187 SWWEll Section 7
N1/2NE3f Section 18
July 1, 1983629/939 NW3tNW4 Section 17
343523 Willow Creek Village No.2
26. Pipeline easement being 35 feet in width as
granted toPipeline Corporation by document recorded September 23,N1or
982wint
Book 608 at page 664 as Reception No. 332747. (E15 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 Book 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 in Book
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
BOOK/PAGE REC.NO.
747/177
747/178
747/179
398266
398267
398268
April 21, 1988 in
B-7
WK 769 ME 533
River Bluff Filing No. 6 83-75 339454
River Bluff Filing No. 8 83-76 339455
River Bluff Filing No. 9 83-77
Jacks Pocket Village Filing No. 1339456
Jacks Pocket Village Filing No. 5
Battlement Cemetery 88-019 389881
83-78 339457
Battlement Mesa P.U.D. 84-103 3
82-121 333476347
30. 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 1 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
33.
Willow Creek Village Section 2
Willow Creek Village Section 2
Willow Creek Village Section 1
Willow 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 1
Monument Creek Village Section 2
Monument Creek Village Section 2
Saddleback Village Filing No. 1
Mesa Ridge
Organization of the following districts:
NAME OF DISTRICT
Battlement Mesa Water and Sanitation
Parachute/Battlement Mesa Park & Recreation
Battlement Mesa Metropolitan
Saddleback Metropolitan
769p59
588/186
747/340
585/532
747/348
578/951
583/456
597/409
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 Book 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.
MOTE: At the Effective Date hereof the above cited 355/710
4-1 Landowners Royalty Interest appears to be vested as follows:
OWNER INTEREST VESTING& ➢QCUNENW
B-9
BMX 769 PAGE 54O
mal 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. Juhan 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
38. Reservation of oil, 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 49% interest in all oil, gas and other minerals as
conveyed to Ralph H. Raymond by Hallie Parkhurst by 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
BOOK 769 PacE541_
30, 1980 in BOOK 543 at page 103 as Reception No. 301315.
44. Undivided 1/2 interest in all oil, 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. 150200.
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 fourth interest 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 now owned as follows:
(Lot 7, Section 7)
a. Exxon Corporation as to an undivided 30.60 per cent interest.
b. Tosco Corporation as to an undivided 20.40 per cent interest.
c. Eva M. Mahaffey and Irene P. Mahaffey as to an undivided 49
per cent interest.
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 Corporation 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
MK 769 PM E542
Irene P. Mahaffey by deed recorded March 16,
at page 66 as Reception No. 213086. 1961 in Book 333
51. Undivided one half interest in all oil
, gas reserved by Carl Davidson by document recordeddJuneer 12, 19571inaBook
301 at page 212 as Reception No. 198056
52. Undivided one half interest in all oil
, gas and as reserved by The Federal Land Bank of Wichita,
oKanrss innrthe
reeds
to Clyde M. Morrow and Mary Belle Morrow recorded inBook213atepd
269 as Reception No. 153033, and any and all assi pope
interests therein, gnments thereof, or
53. An undivided 1/32 royalty in all the oil
from subject Property, said royalty to be delivered�freelfrom oalled
costs of production as reserved in the deed from Julia V. Morrow and
Ruth V. Keithley to John W. Savage recorded November 10, 1961 in
Book 337 at page 480 as Reception No. 215643.
54. Undivided one half interest in all oil,
as reserved by The Federal Land Bank of Wichita, Wichherita,
mineral sins
the deed to R. 0. Gardner recorded September 9, 1940inat
page 583 as Reception No. 140910.
55. Undivided one fourth interest in all oil,
and otr
rights as reserved by Ada M. Alderson in thesdeed to he
ineral 1. 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 ri
as reserved by Madolin F. Christensen as administratrix ofnthelEstates
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.
S7. Undivided one fourth interest in all oil,
gas reserved by Carl D. Tucker and Kathryn M. Tucker dbytdocumentherrals recoras
ded
August 31, 1961 in Book 336 at page 272 as Reception No. 214935.
58. Undivided one fourth interest in all oil,
conveyed to Wm. Ath Mason and Nata J. Masonas byadoCument recorded as
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
perved by Skyline Oil Company by document recorded September 23,
B-12
BUOK 769 P CE543
1974 in Book 464 at page 575 as Reception No. 264848.
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 at 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 Kathryn 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. 364709 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.
8-13
BOOK 769 PdCE 544
68. Oil 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 Reception 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. Oil and Gas Lease between Miki S. Gardner and Northwest Exploration
Company recorded February 1, 1982 in Book 591 at page 987 as Reception
No. 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, 1982 in 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. Oil and Gas Lease between Roy Royalty, Inc.and Northwest Exploration
Company recorded March 8, 1982, Book 594, page 149 as Rec.No. 325384
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
Bor}x 769 PbCE54
Werhoni and James M. Farris and Northwest Exploration Company
recorde4November 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.
80. 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 and 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. 0i1 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
MX 7£) r cE545
84. Oil and Gas 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.
Northwest Exploration Company recorded iSeptembat and erb11, 1ta 981QinaBookd581
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 asst
gned bDocument
354331,356227, 376610, 378234, 379354, 384615, 87845. AffidavitNos
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.
91 011 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
Nm 769 Pscr547
92. Oil and Gas 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. W. 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 9B 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. Oil and Gas Lease between Jack D. Stockton and Emma F. Stockton and
Northwest Exploration Company recorded November 16, 1981 in Book 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 Book 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
ori 769 PM3E543
100. Oil and Gas Lease between First National Bank of Denver, Co -Trustee
with David W. Garlett and Gerald M. Quiat under the Will 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
Cristy Ann Hayward Koeneke as and Cristy A. Koeneke aka
ts
Company recorded Februry 5, 1981 in Bookn564and page
rehwe4t ExReoeption
RNo. 311709 and assigned by Document Nos. 356227, 378234, 379354ption
376610,384615 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.
104.011 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
page 537 as Reception No. 315527 and assigned byDocument oNos73 at
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
379354. Affidavit of Production recorded as Reception No. 346460.
107.0il 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
BOOK 769 PacE549
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 Nos. 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. Oil 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.
Oil 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
liaggrgy 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 G. 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 387845.
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 5. Moore 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
BMX 769 NmE55Q
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 387845.
119. Oil and Gas Lease between Eva M. Mahaffey and Forrest C. Mahaffey and
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. 011 and Gas Lease between Della Hittle Vanbeber and Barrett Energy
Company recorded October 1, 1985 in Book 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. Oil and Gas Lease between Nata 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
130.
BOOK 769 rACL551
Oil and Gas Lease between Roy Royalty, Inc. and Northwest 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, 1982 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 Energy
Company recorded July 8, 1987 in Book 715 at page 872 as
Reception No. 383574 and assigned by Document No. 387377.
135.0i1 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.
136.011 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. (Lessor) and
Tosco Corportion (Owners) and Garfield County School District 16
(Lessee).
138.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.
139.0il and Gas Lease between the United States of America (Federal
Lease #01524) and Joe T. Juhan recorded April 21, 1955 in Book 283
at page 345 as Reception No. 189331 and assigned by Document No.
358693. Affidavit of Production recorded as Reception No. 346460.
140. Any and all rights of tenants involved in rented or leased units
which are not shown of public record
B-21
FECORDED AT,,//
FEC_ p 4336'71
0' CLOCK % M. APR 16 1992
MILDRED ALSDORF, COUNTY CLERK
CORRECTIVE QUITCLAIM DEED
This Corrective Quitclaim Deed, made
1991 by between Puckett Land Company,
address is 7800 East Union Avenue,
80237 (Grantor), and Battlement Mesa
Partnership, whose address is P.O.
Colorado 81636 (Grantee).
BOOK 828 PAGE 779
GARFIELD
btL ;o6c.19ea
$
this 6154 -day of ,PeCe-0"er,
a Colorado Corporation, whose
Suite 130, Denver, Colorado
Partners, a Colorado General
Box 6000, Battlement Mesa,
WITNESSETH:
WHEREAS, Grantor and Atlantic Richfield Company ("ARCO")
entered into a Special Warranty Deed dated November 27, 1990 and
Recorded in Garfield County, State of Colorado on December 6, 1990;
and
WHEREAS, on page 12 of Exhibit A, of said recited Special
Warranty Deed recorded in Book 794 at page 510, ARCO recited that
ARCO was conveying" Real Property situated in Section 13, Township
7 South, Range 96 West of the Sixth P.M., Garfield County,
Colorado" to Grantor, more particularly described on Exhibit A
attached hereto; and
WHEREAS, ARCO was mistaken in its ownership and in fact had
previously transferred the described property to Exxon Corporation
by Bargain and Sale Deed dated September 10, 1981, recorded in Book
534 at pages 699 and 700, Exxon Corporation then transferred the
property to Battlement Mesa, Inc. by Special Warranty Deed dated
May 13, 1986, recorded in Book 688 at Page 679 and Battlement Mesa,
Inc. subsequently transferred the described property to Battlement
Mesa Partners by Special Warranty Deed dated December 20, 1989 and
recorded in Book 769 at page 518.
NOW, THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor releases,
sells and Quitclaims to Grantee that property which was
inadvertently added to Exhibit A of the Special Warranty Deed on
page 12, as recited above, and described in Exhibit A hereto.
Grantor makes no representation or warranty of any kind and
character, express or implied as to real property title.
IN WITNESS WHEREOF, Grantor has caused these presents to be
executed in its corporate name effective as of the 3/' day of
IleCt44t14 , 1991.
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
Ss.
PUCKETT LAND COMPANY
The foregoing instrument was acknowledged Y eo�e me this
3154- Pi'
day of TteKb2Zt,1" , 1991 by r2 ktke /L_ as
ire5ide-444' of Puckett Land Company.
(SEAL)
• :Jp�ilcs
Notary Public
My Commission expires:
7800 E. Union Ave. # 130
Denver, Colorado 80237 ,
BOOK 828 Pdc v'8t
EXHIrIT .`t
01CO2190178 THE FOLLOWING REAL PROPERTY SITUATED IN
SECTION 13, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF
THE SIXTH P.M., GARFIELD COUNTY, COLORADO:
PARCEL 1: BEGINNING AT A POINT ON THE EAST LINE OF
SECTION 13 WHENCE THE EAST QUARTER CORNER BEARS
N 00 DEGREES 56' 57" W 807.328 FEET; THENCE ALONG THE
ORIGINAL GOVERNMENT MEANDER LINE S 27 DEGREES 59' W
3877.18 FEET TO THE SOUTH UNE OF SAID SECTION 13;
THENCE ALONG SAID SOUTH UNE N 88 DEGREES 52' 30" W
353.176 FEET TO THE ORIGINAL GOVERNMENT MEANDER
UNE; THENCE ALONG SAID MEANDER LINE NORTH
467.612 FEET; THENCE ALONG SAID MEANDER LINE
N 81 DEGREES 10' W 1071.524 FEET TO THE CENTER LINE
OF THE COLORADO RIVER; THENCE ALONG SAID RIVER
CENTERLINE IN THE FOLLOWING COURSES:
N 23 DEGREES 39' E 344.51 FEET: THENCE N 28 DEGREES
46' E 206.15 FEET; THENCE N 33 DEGREES 56' E 644.58
FEET, THENCE N 27 DEGREES 42' E 829.38 FEET; THENCE
N 38 DEGREES 49' W 99.86 FEET; THENCE N 34 DEGREES
52' E 150.05 FEET; THENCE N 33 DEGREES 19' E 163.27
FEET; THENCE N 29 DEGREES 37' E 266.75 FEET; THENCE
N 69 DEGREES 11' 54" E 458.912 FEET; THENCE N 61
DEGREES 17' 36" E 145.60 FEET; THENCE N 67 DEGREES
34' 01" E 366.38 FEET; THENCE N 74 DEGREES 41' 47" E
151.22 FEET; THENCE N 76 DEGREES 06' 02" E 463.40 FEET;
THENCE N 78 DEGREES 17' 42" E 281.99 FEET; THENCE
N 78 DEGREES 17' 42" E 116.33 FEET TO THE EAST UNE OF
SAID SECTION 13; THENCE ALONG SAID EAST LINE S 00
DEGREES 56' 57" W 154.66 FEET TO THE POINT OF BEGINNING.
-12-
111111111111 111111 111111 11111 111111111 111111111 1111
545229 05/10/1999 03:35P 81128 P740 M ALSDORF
1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO
0
0
0
CONSIDERATION LESS THAN
QUIT CLAIM DEED
VERA S. MAHAFFEY, whose address is 2029 N. 9th Street, Grand Junction, Mesa
County, Colorado, 81501 for the consideration of Ten Dollars and Other Good and Valuable
Consideration, in hand paid, hereby sells and quit claims to BATTLEMENT MESA
PARTNERS, a Colorado general partnership, whose legal address is 73 G Sipprelle Drive,
Parachute, Garfield, Colorado, 81635, the following real property in the County of Garfield, and
State of Colorado, to wit:
All that property which is contiguous to the southerly and westerly boundaries of the
following described parcel:
Al! that part of the NEVI SE',4 lying south and west of County Road 305, Section 7,
Township 7 South, Range 95 West of the 6th P.M.
with all its appurtenances, and subject to 1999 general taxes, payable in 2000, and alI subsequent
taxes; easements, rights-of-way, restrictions, covenants, conditions and reservations of record or
in use.
Signed this /S day of
Qil ( , 1999.
‘‘1"ka-firel
Vera S. Mahaffey
STATE OF COLORADO
)ss.
COUNTY OF MESA )
The foregoing instrument. was. acknowledged 1.- before mu- this 11. -day
Hari 1999 by Vera S. Mahaffey.
My Som iiission expires / -0Q
Wittiess n' hand and official seal. / f
[:!,LI VAMAHCLAAQTAAQUITCLAI ,
Yltilkia4
Notary u lie
VIII II '� 1�44tI L MSI N filAWORATIN 11111
Receptionff: 713735
12/22/2006 11:18 43 nM 8:1877 P:0016 Mildred Rlsdorf
1 of 2 Rec Fee:$11 00 Doc Fee. 105.00 GARFIELD COUNTY CO
Recorded at o'clock M.
Reception No.
WARRANTY DEED
THIS DEED, made this 21st day of December, 2006
Between BATTLEMENT MESA PARTNERS,
A COLORADO GENERAL PARTNERSHIP
Recorder.
of the ' County of Garfield, and State of CO, grantor, and
JOHN LYONS FAMILY PARTNERSHIP, L.P.
whose legal address is : 8711 County Road 300, Parachute, CO, 81635
of the County of Garfield and State of CO, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of $1,050,000.00 DOLLARS, the receipt and sufficiency of which is
,hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the
grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the
County of Garfield and State of Colorado described as follows:
See Attached Exhibit "A"
Grantees agree, for themselves, their successors and assigns, their use of the Property which lies within Battlement Mesa's
Planned Unit Development described on Exhibit "A" for a period of seven (7) years following the execution of this deed by
Grantor shall be restricted to the following: a) the pasturing of horses and other animals or b) any agricultural activities,
including the building of a riding area and any other buildings related to the established horse and rider training businesses of
Grantees.
as known by street and number as:
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns
forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his
heirs and assigns, that at the time of the enseaiing and delivery of these presents, he is weir seized of the premises above conveyed, has good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2006
and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's
Commitment No. 0612018
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the
grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall
include the plural, the plural the singular, and the use of gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
Battlement Mesa Partna Colorado General Partnership
By:
Keri Jo se Aut riDed Agent for Community Holdings West, Inc.,
a Colorado Corp ati n, General Partner of Battlement Mesa Partners,
a Colorado Genera artnership
STATE OF COLORADO
COUNTY OF GARFIELD
}
) ss.
}
The foregoing instrument was acknowledged before me on December d I , 2006, by Keri Jensen, Authorized Agent for Community Holdings
West, Inc., a Colorado Corporation, General Partner of Battlement Mesa Partners, A Colorado General_partuership.,
WITNE55 my hanrJ and Oficial seal!
My commission expires:
Commonwealth File No. 0612018
Return to
John, Lyons Family PO oo,kip, L P.
8711 County Road 300
Parachute CO 81635
DENNA ROOFNOTARY PUTT r'
STATE OF T ._ URADO
My Commission Expires 09/27/2009
Not
■III kr.1lig110
,�lwtrsil�l+h'�'I
Reception##: 7137351 00017 "Ii Ldred
2�o1 2�Rec Fee 01 Doo��e4,1OO 00 00RF L£LD COUorf
NTY CO
File No. 0612018
EXHIBIT "A"
Parcel A
A Parcel of land situated entirely within the Battlement Mesa, Inc. Property as recorded at Reception No. 408506, also being entirely
within the Battlement Mesa P.U.D., also being Ioc:ated within NEI/4SEIl4 Section 7, Township 7 South, Range 95 West of the Sixth
Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows:
BEGINNING AT A POINT on the North line of the 5E1/4 of said Section 7 also being a point on the South line of River Bluff
Subdivision, Filing 9 as recorded at Reception No. 352082 and a point on the Westerly line of Battlement Parkway as described at
Reception No. 316729 from whence the Southeast comer of said Section 7 bears South 12°22'21" East a distance of 2732.12 feet,
thence South 00°57'26" West along the Westerly line of said Battlement Parkway a distance of 624.34 feet to a point on the North line
of River Bluff Subdivision, Filing 4 as recorded at Reception No, 344069, thence along the North line of said River Bluff Subdivision,
Filing 4 North 88°59'40" West a :distance of 196.68 feet; thence North 01°37'18" East a distance of 629.89 feet to a point on the North
line of said SEI/4 Section 7, theni.e South 81019'31" East along the South line of said SEI/4 Section 7 a distance of 189.46 to THE
POINT OF BEGINNING.
Parcel B
A Parcel of land situated entirely w ithin thel3attlement Mesa, Inc. Property as recorded at Reception No. 408506, also being entirely
within the Battlement Mesa P.U.D.,. also b!ing located within Section 7, Township 7 South, Range 95 West of the Sixth Principal
• Meridian, County of Garfield, State cif Colkrado, more particularly described as follows:
,.Beginning at a point on the easterl• w lineof said Battlement Mesa, Inc. Property also being a point on the southwesterly line of the
right-of-way for County Road 305 as ascribed at Reception No. 49239 from whence the southeast corner of said Section 7 bears
S33°39'42"E a distance of 3614.05 feet thence the following three (3) courses along the southwesterly right-of-way for said County
Road 305, S43°14'11"E a distance of .5.74 feet; thence S34°04'07"E a distance of 107.02 feet; thence S15°35'44"E a distance of
66.56 feet to a point on the easterly/ the of said Battlement Mesa, Inc. Property; thence N72°19'16"W a distance of 13.56 feet to a
point on the northerly line of the Gar -dyer Parcel as described in Book 801 at Page 718; thence the following four (4) courses along the
north, west and south lines of said C irdner Parcel, S79°47' 18"W a distance of 24.89 feet; thence S37°23'26"W a distance of 100.52
feet; thence S06°07'27"W a distance of 83.52 feet; thence N88°48'43"E a distance of 85.28 feet to a point on the easterly line of said
Battlement Mesa, Inc. Property; thence the following six (6) courses along the easterly line of said Battlement Mesa, Inc. Property
S10°11'10"E a distance of 50.84 feet; thence 244,26 feet along the arc of a non -tangent curve to the left having a radius of 1611.94
feet, a central angle of 08°40'56" and a subtending chord bearing S02°50'01 "E a distance of 244.03 feet; thence 331.22 feet along the
arc of a compound curve having a radius of 270.10 feet, a central angle of 70°15'40" and a subtending chord bearing S42° l8' 19"E a
distance of 310.85 feet to a point of non -tangency; thence S77°25'36"E a distance of 249.91 feet; thence S82°00'16"E a distance of
142.25 feet; thence N13°52'58"E a distance of 60.00 feet to a point on the west line of the NE1/4SE1/4 of said Section 7 also being
the west line of the Mahaffey Parcel as recorded at Reception No. 545229; thence the following two (2) courses along the west and
south lines of said Mahaffey Parcel, SO1°30'43"W a distance of 740.25 feet; thence S87°39'21 "E a distance of 409.70 feet to a point
on the westerly line of River Bluff Subdivision, Filing 3 as recorded at Reception No. 344068; thence S08°00'25"E along said
westerly boundary line of said River Bluff Subdivision, Filing 3 a distance of 110.24 feet to a point on the northerly right-of-way line
for West Battlement Parkway as described at Reception No. 316729; thence the following two (2) courses along the northerly line of
said West Battlement Parkway, 66.77 feet along the arc of a non -tangent curve to the right, having a radius of 450.00 feet, a central
angle of 08°30'04" and a subtending chord bearing S70°59'58"W a distance of 66.71 feet; thence S75°15'00"W a distance of 337.46
feet; thence N 19°52'07"W a distance of 112.88 feet; thence N33°34'47"W a distance of 307.76 feet; thence N37°44'09"W a distance
of 201.75 feet; thence N50°01'25"W a distance of 76.31 feet; thence 337.82 feet along the arc of a curve to the left, having a radius of
240.00 feet, a central angle of 80°38'55" and subtending a chord bearing of S89°39'07"W a distance of 310.61 feet; thence
S49°19'40"W a distance of 244.79 feet; thence S58°46'51 "W a distance of 1312.37 feet to a point on the westerly line of said
Battlement Mesa, Inc. Property; thence along the westerly line of said Battlement Mesa, Inc. Property the following two (2) courses,
N23°11'55"E a distance of 380.79 feet; thence N09°57'50"E a distance of 230.56 feet to a point on the south line of River Bluff
Subdivision, Filing 2 as recorded at Reception No. 344067; thence the followingthree (3) courses along the south and easterly lines of
said River Bluff Subdivision, Filing 2, S87°39'21"E a distance of 254.75 feet N37°01'04"E a distance of 210.13 feet; thence
N10°10'23"E a distance of 550.00 feet to a point on the east line of the Wambolt Parcel as described in Book 733 at Page 844; thence
the following two (2) courses along the easterly lines of said Wambolt Parcel, N01°06'12"E a distance of 485.33 feet; thence
S88°24'36"E a distance of 83.00 feet; thence N53°18'25"E along a southeasterly line of the Wambolt Parcel and a southeasterly line
of the Horbetz Subdivision a distance of 635.50 feet to the point of beginning.
Parcel C
Lot 1
Block 1
River Bluff Filing 8
According to the plat thereof recorded July 22, 1983 as Reception No. 344071
Parcel D
Lot 2
Block l
Replat of River Bluff Filing 9
According to the plat thereof recorded May 7, 1984 as Reception No. 352082