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HomeMy WebLinkAbout07 Property Owner Authsr APPENDIX 9-102.E.2 PROPERTY OWNER AUTHORIZATION & DEEDS O\OLSSON ASSOCIATES THIS PAGE LEFT BLANK FOR TWO-SIDED DUPLICATION. OLSSON ASSOCIATES BATTLEMENT MESA COMPANY May 31, 2017 Mr. Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Agent Authorization Dear Mr. Hartmann: I, Eric Schmela, authorize Ursa Operating Company, LLC to act on behalf of and represent Battlement Mesa Land Investments, LLC and Battlement Mesa Partners in all matters regarding BMC A well pad and pipeline related to land use permitting for Garfield County. Sincerely, Eric Schmela Authorized Agent Battlement Mesa Land Investments, LLC Battlement Mesa Partners CC: John Doose, Ursa Operating Company, LLC Cari Mascioli, Ursa Operating Company, LLC 73 Sipprelle Drive, Suite G Post Office Box 6000 • Parachute, Colorado 81635 Phone 970.285.9740 • Fax 970.285.9721 • www.battlementmesa.com ■111 PARrMMIN,WHMICIn7II#N14 11 UI Reception#_ 740288 12/31/2007 12:01:32 Pm Jean Rlberico 1 of 2 Rec Fee:$11.00 Doc Fee.0.00 GRRFIELD COUNTY CO STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named: BATTLEMENT MESA LAND INVESTMENTS, LLC 2. The type of entity is a: corporation nonprofit corporation limited liability company general partnership limited partnership registered limited liability partnership registered limited liability limited partnership limited partnership association unincorporated nonprofit association government or governmental subdivision or agency business trust trust 3. The entity is formed under the laws of: Colorado 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The [X] name(s), or [X] position(s) of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity is/are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by David A. Gitlitz, President, or Sipprelle Holdings, LLC, a Colorado limited liability company, Managing Member, by David A. Gitlitz, Managing Member, or Eric Schmela, Authorized Agent 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172, C.R.S. Executed thin day of December 2007. BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado imited lia.ility com. ny Col$m- oldin:s We��c., a Colorado corporation, Managing Member 444.Parommipm-- Davi tlitz, Pr By: Sipp Member By: By: a Colorado limited liability company, Managing David 'flit aging Member Eric Schmela, Authorized Agent 2 1111KEITIMIN! NICI4I411*141I11 Reception#: 740288 12/31/2007 12:01:32 PM Jean R1berico 2 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this224day 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 s 1. My commission expires: c Z1 /p Qj STATE OF COLORADO ) ss. COUNTY OF GARFIELD cn: O The foregoing instrument was acknowledged before me this ay 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: 41 /OA STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Notary Public The foregoing instrument was acknowledged before me thi�2J4 `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 My commission expires: Ok / 2 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] 1331575 1.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 1st day of June, 2007. S—�c�—off COMMUNITY HO DIN S WEST, INC. a Colorado co etra'len By: Date: David A. Gitlit, President SIPPRELLE , OLDINGS, LLC, a Colorado limited liability co By: Date: David A. Glitz, Managing Member 1341575_1 doc 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 1st day of June, 2007. 5-1ea--0 DIREC ► I R : Date: Da%d A. Gith Date: Louise A. Gitktz SOLE; AREHOLDER: Date: D. id A. Gitlitz 1341583_1 dm: Exhibit A Combined Statement of Conversion and Articles of Organization 1341583 I.doc 2 Document processing fee If document is filed on paper S150.00 If document is filed electronically Currently Not Available Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover 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. • Ei.r .I L 2901 jui4-1 Ari, to: 37 STATE COLOR/A:06OF ABOVE SPAM FOR 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 converting 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 converting entity ID number (if applicable) Form of the entity Jurisdictionwhere formed Principal office street address Principal office mailing address BATTLEMENT MESA PARTNERS 20061062040 (Colorado Secretary of State ID number) GENERAL PARTNERSHIP COLORADO 73 J SIPPRELLE DRIVE (Street number and name) BATTLEMENT MESA (City) CO 81636 (Stare) (Postal/Zip Code) (Province — if applicable) (Country — if not US) PO BOX 6000 (leave blank if same as above) (Street number and name or Post Office Box information) BATTLEMENT MESA CO 81636 (City) (State) (Postal/Zip Code) (Province — if applicable) (Country— lino: 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 4 Rev. 10/6/2005 Entity name of the resultins entity BATTLEMENT MESA PARTNERS LLC (The name of a limited liability company must contain rhe rear: or abbreviation "limited liability company", "ltd. liability company". "limited liability co. ", "ltd. liability co.". "limited", "1.1.c.", "Ilc ", or "ltd." s7-90-601. C.RS.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) Form of the entity domestic limited liability comnanv Jurisdiction where formed Colorado Principal office street address 73 J SIPPRELLE DRIVE (Street number and name) Principal office mailing address (leave blank if same as above) (Street number and name or Post Office Box information) BATTLEMENT MESA (City) CO 81636 (State) (Postai/Zip Code) (Province— if applicable) (Country— if not US) PO BOX 6000 BATTLEMENT MESA CO 81636 (City) (State) (Postal/Zip Code) • (Province— if applicable) (Country — f not US) ❑(If the following statement applies, adopt the statement by marking 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 of a limited liability company must contain the rerm or abbreviation "limited liability company". "ltd. liability company", "limited liability co.", "ltd. liability co.", "limited", "11.c. ", "llc ", or "ltd." §7-90-601, (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information) 2. The principal office address of the initial principal office is Street address 73 J SIPPRELLE DRIVE (Street number and name) CONVERT_LLC BATTLEMENT MESA CO 81636 (City) (State) (Postat'Zip Code) (Province — if applicable) (Country — if not US) Page 2 of 4 Rev. I0/6/2005 Mailing address (leave blank if same as street address) PO BOX 6000 (Street number and name or Post Office Box tnformatioi) BATTLEMENT MESA CO 81536 (City) (State) (_. osral/Zip Code) (Province — if applicable) (Country — f not US) 3. The registered agent name and registered agent address of the initial registered agent are Name (if an individual) OR (Last) (First) (Middle) (Suffix) (if an entity) ISAACSON ROSENBAUM P.C., ATTN: RICHARD GREENGARD (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 (Street number and name) DENVER CO 80202 (City) (State) (Postal/Zip Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) (Postal/Zip Code) 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) (Postal/Zip Code) (Province — if applicable) (Country — if not US) (!f the following statement applies. adopt the statement by marking the box and include an attachment) 0 This document contains the name and address of one or more additional person(s) forming the limited liability company. CONVERT LLC Page 3 of 4 Rev. I0/6/2005 5. The management of the limited liability company is vestec in (Mark the applicable box) one or more mans aers. �OR l.! the members. 6. There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) 0 This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not 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 andd, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are 6/1/2007 (mm/ddiyyyy hourrrninure amipm,) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment 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) (Suffix) 633 17TH STREET (Street number and name or Post Office Box information) SUITE 2200 DENVER (City) CO 80202 (State) (Postal/Zip Code) • (Province — if applicable) (Country — if not US) (If the following statement applies, adopt the statement by marking the box and include an attachment.) 0 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 1 1111KlaW M1liNg,NtralWeatriliCaN 11111 Reception#: 733369 09118/2007 03:38:20 PM Jean Alberico 1 of 2 Rao Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY 1 This Statement of Authority relates to an entity named: BATTLEMENT MESA PARTNERS LLC The type of entity is a: [ 1 corporation [ 1 nonprofit corporation [X] limited liability company [ 1 general partnership [ 1 limited partnership [ 1 registered limited liability partnership [ 1 registered limited liability limited partnership [ 1 limited partnership association [ 1 unincorporated nonprofit association [ ] government or governmental subdivision or agency { 1 business trust 1 1 trust 3. The entity is formed under the laws of Colorado 4. The mailing address of the entity is: 73G Sipprelle Drive, 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 behal f of the entity is/are: David A. (iitlitz, Manager 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. �tG Executed this 0 day of , 2007. t—Arrt fo (t AolttLt 147.114,1- (Sul_ i xttLwL EJ b'`Ik3e (`I) N/35 I3ATTLEME ti;� A P t ►'`I . LLC, a Colorado 1;'. ` f �'j' `nY 13y: 4P11°--chmcla, Authorized Agent 2 5111K YEVAki LINTAINNINICI V, RN 5111 Reception#: 733389 09/18/2067 03,38:20 PM Jean Rlberico 2 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this IS-tt.- day of �,, , 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: 01 o_n 1 boci STATE OF COLORADO COUNTY OF GARFIELD ) ) ss. Notary Public The foregoing instrument was acknowledged before me this day of Eric Schmela as Authorized Agent of Battlement Mesa Lot Holdings LLC, a C +. - SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 06/01 /2009 '3,1_1.. • C , 2007 by 'ted liability company. Witness my hand and official` seal, My commission expires: Ci l 0A Notary Public DENNA ROOF NOTARY PUBLIC STATE OF COLORADO My Commission Expires 09/27/2009 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 cordod 9- o'clock ___ M Reception No. 408506 h,;IL.'_ti~r r ALSDORF, RECORDER GARFIELD COUNTY, COLORADO SPECIAL WARRANTY DEED BOOK 769 PAGE S �' S GARFIELD State Doc, Fee 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 A4J= day of December, 1989. ..... `fr BATTLEMENT MESA, INC., a Delaware corporation r•. r p ATTEST: STATE OF COLORADO ss. COUNTY OF ARAPAHOE By: Rieard A/ Preside t tonger, Vice The foregoing instrument was acknowledged before me this day of December, 1989 by Richard A. Stonger as Vice President and John C. Moline as Secretary of Battlement Mesa, Inc., a Delaware corporation. as/Secretary i E 'MMSD/AB4 WITNESS my hand and official seal. My commission expires: Not Public or Brox 769 PACE519 EXHIBIT A (Attached to and made a part of Special Warranty Dced 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 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 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 PACE52O 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 2557.45feet 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 Corner of 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 Boox 769 PAGE52i. Thence along the West line of the SE1/4 SE1/4 of Section 8, South O1°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°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 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 NEI/4 SEI/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 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 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°45'04" 39°02'08" 25°36!08" 04°45'49" 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 a a a a a a a a a a a a a a a a a a a a a a a a a distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance distance of 413.32 feet; of 196.98 feet; of 107.23 feet; of 170.63 feet; of 807.63 feet; of 223.14 feet; of.127.35 feet; of 332.35 feet; of 50.04 feet; of 332.88 feet; of 336.16 feet; of 476.34 feet; of 266.13 feet; of 301.04 feet; of 330.64 feet; of 434.77 feet; of 365.55 feet; of 354,15 feet; of 437.32 feet; of 145.60 feet; of 362.66 feet; of 383.98 feet; of 645.06 feet; of 612.80 feet; of 284.20 feet; of 136.3.6 feet; 300K 769 P CEs23 North 18°09'46" East a distance of 266.27 feet; North 05°30'08" East a distance of 219.01 feet; North 35°52'20" East a distance of 298.65 feet; North 09°18'01" East a distance of 290.82 feet; North 09°50'56" East a distance of 292.31 feet; North 31°58'49" East a distance of 241.68 feet; North 18°54'07" East a distance of 271.65 feet; North 23°11'55" East a distance of 380.79 feet; North 09°57'50" East a distance of 375.67 feet; North 06°34'55" West a distance of 261.72 feet; North 05°26'25" East a distance of 105.48 feet; North 20°08'11" East a distance of 159.76 feet; North 04°25'19" East a distance of 105.19 feet; Thence leaving said Colorado River centerline South 81°08'11" East 415.22 feet; Thence North 01°04'10" 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" 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 chdrd 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 Thence Thence Thence Thence Thence Thence Thence Thence North 64°50'00" East a distance South 86°44'06" East a distance North 01°36'29" East a distance North 86°44'01" West a distance North 01°36'06" East a distance North 01°32'15" East a distance North 01°39'14" East a distance North 85°54'03" West a distance BOOK 769 PMcE524 of 12.20 feet; of 201.00 feet; of 650.00 feet; of 359.65 of 469.21 of 568.40 of 355.62 of 478.86 feet; feet; feet; feet; 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 307.73 feet; of 896.17 feet; of 613.35 feet; of 426.02 feet; of 182.78 feet; of 246.11 feet; of 853.00 feet; of 206.15 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 PAGE525 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 ofthe 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 Northwestcorner 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 65.0 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 F$GE526 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 18, Township7 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 Book/Page Reception No. September 13, 1911 83/520- 42609 March 9, 1915 :86/341 51360, March 9, 1915 86/344 51363 March 9, 1915 86/345 51364 March. 9, 1915 86/343 51362 March 9,.1915 86/340 51359' August 9, 1950 252/17 173062 August 9,. 1950 . 252/18 173063 August 9, 1950 256/16 173061' December 3, 1907 67/514 34352 January 5, 1905 ' 62/77 30258.' March 9, 1915 •86/342 51361 A-8 BGOK 769 FAGE5Z7 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 Book 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 1300K 769 ? z528 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 BOOK 769 PAGE 529 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 PAGE 536 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. A-12 mead/ab4 BOOK 769 rAGE53i EXHIBIT B (Attached to and made a part of Special Warranty Deed dated as of December >O, 1989, executed by Battlement Mesa, Inc.) MATTERS 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 NE1/2SE3 Section 5 April 1, 1914 71/600 49239 SE3tSE3; Section 5 NEWEN Section 5 September 18, 1906 56/559 32387 SW4SE3 Section 5 NWNNE3/ Section 8 August 22, 1899 12/523 21948 Lot 8, SE3tSW1/2, NW3NSE1/2 Section 5 September 19, 1908 73/10 35783 Lot 11 Section 5 and N3INW3 Section 8 August 23, 1902 56/461 26945 SE1/2NE14,NEWEI4 Sec. 7 SE4NW3t Section 8 June 9, 1913 73/65 47124 Lot 11, Section 6 November 3, 1897 12/466 20441 NE3SE1/2 Section 8 May 19, 1919 73/109 66522 NW3NSW4 Section 9 May 5, 1911 71/475 41850 Lot 7, NE4SE4 Sec. 7 NW3NSW4 Section 8 • June 6, 1893 12/236 16020 N' NW4, NW3 NE3t Section 17 NE3<NE4 Section 18 January 2, 1896 12/391. 18951 NWE3t, SENSW4 Section 8 February 17, 1923 73/14.0 81888 3E14E4 Section 7 SW3<SW3 Section 8 October 1, 1910 71/438 40359 NE14144, SW3SE3 Section 8 December 26, 1912 71/583 45941 SW34SW3 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 12/468 71/612 56/495 12/488 12/452 73/114 12/319 12/254 16909 40540 27079 20535 60295 29234 21006 19953 71310 17275 16517 BOOK 769 Pdct 53 2 4,NjI6h4Sition 17 N3NW'*SW3� ection 17 S W3tNE3c , SEN, S WVITe t Section 17 Lot 10, S E3,(S W30 NE1/4SW3i , SW3*SE3( Section 7 NW3tNE3N Section 18 E3INW3(, NE3SW4 Section 18 SW3NNE4, N3ISE3i Section 18 S1,34SW3g Section 17 S34SE3/, SE3(SW3< Section 18 Lots 1 & 2 Section 19 E3INE3f Section, E3NW3i , E3 NE3t Section 19 Lot 1, SW1/2NElf 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 reco'.ded as follows: RECORDED BOOK/PAGE REC. NO. LAND AFFEC'iED September 26, 1900 12/541 22987 NE3iSE3 Section 5 September 18, 1906 56/599 32387 SN?SE4 Section 5 NWNNE3t Section 8 August 22, 1899 12/523 21948 Lot 8, SE3OW3, NW34SEI Section 5 September 19, 1908 73/10 35783 Lot 11 Section 5 N3INW1 Section 8 August 23, 1902 56/461 26945 SENNE3 , NEWIE4 Section 7 Si+J3=S144, SE3iNW4 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 S3NE3 Section 8 May 24, 1911 71/477 41956 W34NW1/4, S E301W, S W34NE3 f Section 9 May 2, 1911 71/474 41287 N34SE3 Section 9 - NW3=SW1/2 , SWNW3< Section 10 March 19, 1954 275/519 185342 NE3SW1/2 Section 9 November 3, 1897 12/466 20441 NE3SE3 Section 8 May 19, 1919 73/109 66522 NWWW1/2 Section 9 June 22, 1914 52/332 49730 SE1/2NE4 Section 9 June 18, 1920 112/525 71552 NE3NE3 Section 9 May 5, 1911 71/475 41850 Lot 7, NEWE3 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, Studt #2 and Ditch No. 1 as shown onditch map by Wright 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 PAGE rJ S3 NW3SW4 Section 8 N3INW1/2, - NWhNE3t Section 17 NE1/2NE3t Section 18 NWhSE4, SE4SW4 Section 8 5E30E4 Section 7 SW3tSW1/2 Section 8 NE4SW4, SW3SE4 Section 8 SW3tSW4 Section 16 E3�SE3t, NW3tSE3( Section 17 NE4SW4, E3ISW3SE4 N3fNW4SW4 Section 17 SW3tNE4, SE4NW4, SW3NW4 Section 17 Lot 10, SE3SW3t, NE3tSW3 SW4SE4 Section 7 NW4NE1/2 Section 18 E3INW4, NE3tSW1/2 Section 18 SW4NE3t Section 18 SW3SW1/4 Section 17 S3SE4, SE4SW1/2 Section 18 E34NW4, W3gNE3t Section 19 Lot 1, SWhNE3t 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 AFFECTED April 2, 1887 August 8, 1887 4021 ,NW4NW3 Section 8 4988 NW3tNW1/2 Section 8 September, 1, 1897 20314 June 29, 1885 1631 March 27, 1893 15514 June 3, 1919 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 NW3tNW4 Section 8 NW4NW4 Section 8 S3SW4 Section 5 O'Toole, Marrow, Dobey, Shutt, Musconetcong, B-3 Water Boa 69 mE 34 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. (SE3rNW4, S3SW4NE4 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 SW3SW3 Section 16 August 2, 1962 343/353 218373 SE4 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) 11. 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. 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 SW3gSE4 of Section 7 and NE4NW4 and NW4NE4 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. (NW14NE4 and E3NW3* of Section 18) B-4 BOOK 769 PAGES S 5 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 15. 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. (NW4SW1/2 Section.10, SW3(SE4, . SE4SE4 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 contained in the. Statement thereon recorded March 24,1911 as Reception No. 41574. '(ElISW1/2, NP SE3( Section 8) B-5 BOOK 769 PAGE53S 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 Batlement Mesa, DATE RECORDED BOOK/PAGE REC. NO. June 3, 1985 669/648 362160 June 3, 1985 669/653 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 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 26, November April 10 December 1985 26, 1985 , 1986 28, 1987 October 5, 1988 June 9, 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 SE3( Section 18 W1 Section 17 E3 Section 18 NWh Section 19 NEh Section 18 N1 Section 18 SEh Section 18 NEWW3, NW3ISE3 Section 7 NW3( Section 17 NWh Section 17 NW3 Section 17 NEWEh Section 8 S3SEh Section 7 NW* Section 18 NEWEh Section 8 SE3t Section 18 N30NW1/2 Section 19 SW3 SWh Section 18 NE3 Section 18 SE3t Section 7 Eh Section 19 SW3 Section 18 SW31 Section 8 NW3< Section 8 S3 Section 18 N1 Section 19 Pt. Sections 17, 18, 19 and 24 NE3 Section 18 NW'1 Section 17 NEh Section 18 NW3< Section 17 NE3 Section 24 NEhSEh Section 7 SE1/2 Section 18 NE3t Section 7 SE3 Section 6 SEhNW3 Section 17 NE3* Section 7 SE3 Section 6 April 10, 1986 May 23, 1988 November 3, 1989 BOOK 769 m€537 S7 686/439 370147 SE3j Section 17 734/788 392256 NE3 Section 17 766/297 407082 8W1.Section 17 23.Deeds of Dedication for the following: NAME RECORDED BOOK/PAGE REC.NO. County Road No. 307 (River Bluff Road) January 10, 1989 747/177 398266 Morrisania Road January 10, 1989 747/178 398267 ' Battlement Parkway January 10, 1989 747/179 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 feet in width as granted to Holy Cross Electric Association by the following documents: RECORDING DATE • BOOK/PAGE REC. NO. LAND AFFEC'ita) April 22, 1982 597/878 327005 NW4 Section 17 April 22, 1982 597/879 327006 NW' Section 17 May 3, 1982 598/482 327354 Lot 1, Block 1, Town Center Phase One June 3, 1985 669/798 362187 SWiSE1/2 Section 7 N3 NES Section 18 NW4NW3 Section 17 July 1, 1983 629/939 343523 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. (Ell 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, 19.88 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 B-7 River Bluff Filing No. 6 83-75 River Bluff Filing No. 8 83-76 River Bluff Filing No. 9 83-77 Jacks Pocket Village Filing No. 1 83-78 Jacks Pocket Village.Filing No. 5 88-019 Battlement Cemetery 84-103 Battlement Mesa P.U.D. 82-121 BOOK 769 PAcE538 339454 339455 339456 339457 389881 352893 333476 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 Monument Creek Village Section Two Monument Creek Village Filing No. 4 Willow Creek Village Section One Willow Creek Village Section Two Battlement Creek Village Section One Battlement Creek Village Section Two Tamarisk Subdivision Filing No. 1 Tamarisk Subdivision Filing No. 2 Town Center Filing No. 1 Town Center Filing No. 2 Town Center Filing No. 3 River Bluff Filing No. 1 River Bluff Filing No. 6 River Bluff Filing No. 8 River Bluff Filing No. 9 and Replat Jacks Pocket Village Filing No. 1 Jacks Pocket Village Filing No. 2 Jacks Pocket Village Filing No. 3 Jacks Pocket Village Filing No. 5 Saddleback Village No. 1 Burning Rock Subdivision Mesa Ridge Phase I 318004 319920 368452 321237 322310 321539 326397 316729 323297 321536 375169 375170 371428 344070 344071 344072 352082 344063 344064 344065 389773 393852 371427 395200 32. All Restrictions, Covenants, Conditions and. Declarations Subdivisions set forth on Schedule A hereof, as follows: SUBDIVISION NAME BOOK/PAGE. Battlement Creek Village Section 1 586/188 Battlement Creek Village Section 1 596/537 Battlement Creek Village Section 2 and Battlement Creek Village Section 1 747/355 Town Center Filing No. 1 • 587/731. B-8 of the REC..NO. 3215.35 326396 398324 322311 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 33. Organization of the following districts: NAME OF DISTRICT' Battlement Mesa Water and Sanitation Parachute/Battlement Mesa Park & Recreation Battlement. Mesa Metropolitan Saddleback Metropolitan BDDK 769 PMGE5 S9 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 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 Mill 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. NOTE: At the Effective Date hereof the above cited 355/710 4-1 Landowners Royalty Interest appears to be vested as follows: OWNER INTEREST VES QQCDNEN`' B-9 BOOK 769 Pitt54O Rtay 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 al]. 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 propertytogether 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. 31-9155. 40. An undivided 49%.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 FL 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 PAGE54I_ 30, 1980 in boox 543 at page 103 as Reception No. 301T15. 44. Undivided 1/2: interest in all oil, gas andother minerals as reserved by J. E. Sipprelleby deed recorded February '17,.1941 in Book 204 at page 297 as Reception No: 151035. 45. Undivided one half interest in all oil, gas andother 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 ofall oil, gas andother 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 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 285atpage 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. EvaM. 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.l4, 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 BOOK 769 PACE542 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 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 32,7 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 all' 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 ali 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 pQ.a.erved by Skyline Oil Company by document recorded September 2 B-12 BUOK 769 PbcE543 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, 197.9 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. B-13 BOOK 769 PAGE544 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 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. 3543.31, 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 arid 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 1B-14 BOOK 769 PBGs 54 3 Werhoniq and James M. Farris and Northwest Exploration Company recordedNovember 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. 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 BO0 769 FAcc 54 3 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 O. 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 ?deception 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. Quiat and Roberta N. Quiat 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.Nos. 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 Bt,OK 769 ncE 54 7 92. Oil and Gag 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. Gariet 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. 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 BOOK . 769 1, E 548 100. Oil and Gas Lease between First National Bank of Denver, Co -Trustee with David W. Garlett and Gerald M. Quiat under the Ni11 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, 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 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. Oil 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.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-18 108.011 and Gas Lease between Helen recorded April 22, 1985 in Book 361119 and assigned by Document 387845. 109. 011 and Gas Stojanovich Book 672 at Nos. 370378 BUCK 769 PZGE5419 L. Collier and Barrett Energy Company 667 at page 442 as Reception No. Nos. 366668, 376609, 384615, and Lease between Martha Curfman Stojanovich and John and Barrett Energy Company recorded July 14, 1985 in page 822 as Reception No. 363612 and assigned by Document 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 Orgy 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 Barrett Energy Company recorded September page 149 as Reception No. 364785 and assigned 384615 and 387845. and Nancy A. Christensen 9, 1985 in Book 675 at by Document Nos. 370622, 117. Oil and Gas Lease between Earl C. Moore and Audrey S. More 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 BOOK 769 racE55O 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. Oil 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 Enargy 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 centinterest 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 PacE551.. 130. 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. 134.011 and Gas Lease between William I. Parkhurst Barrett Energy Company recorded July 8, 1987. in Book 7.15 at page 872 as Reception No. 383574 and assigned by Document No. 387377. 135.011 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. Oil 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 ofthe unrecorded Lease -Purchase Agreement. dated April 30, 1981 between Battlement Mes,•Inc. (Lessor) and ToEco 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. Oil and Gas Lease between the United States of America (Federal Lease #01524) ' and Joe T. Juhan recorded April 21, 19.x;5' fn.Book .283 at page 345 as Reception No 189331'}an$'-�as�s!gn#;bye Document No. 358693. Affidavit of Production recorded.cas;R'ecg8p1on*�..:; 346460.. 140. Any and all rights of tenants involved in: rented • 'or '.leased 'units`. which are not shown of public record B-21 March 23, 2017 Mr. Glenn Hartmann Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Agent Authorization Dear Mr. Hartmann, I, Steve Rippy, authorize Ursa Operating Company LLC to act on behalf of and represent the Battlement Mesa Metropolitan District in all matters specific to property owned by Battlement Mesa Metropolitan District which is subject to Road Easement Agreement (Lot 1, River Bluff Filing #1) between Battlement Mesa Metropolitan District and URSA Operating Company, LLC, dated December 15, 2016, regarding BMC A well pad and pipeline related to land use permitting for Garfield County. Sincerely, Steve Ri y Authorize s Agent Battlement Mesa Metropolitan District CC: John Doose, Ursa Operating Company LLC Cari Mascioli, Ursa Operating Company LLC 895319 07/27/2017 01:28:28 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $0.00 eRecorded Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Battlement Mesa Metro , a Government Agency (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Battlement Mesa Metro District and is formed under the laws of Colorado Statue 32 The mailing address for the Entity is 401 Arroyo Drive Battlement mesa, CO 816535 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Steve Rippy The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): Road Easment Agreement & Pipeline & Right of Wav Agreement between Ursa Operating Co. & Battlement Mesa Metro District Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this day of Signature: Name (. ted): j �j A r�.. �.__ .__. Title STATE OF • Ce ) I } )S5. COUNTY OF { dL j The foregoing instrument was acknowledged before me this a -% day of L.L C , 20 I7 by 14,1 Veison , on behalf of V)1 r The -u4 PIS/Ott, a 30Vseffltxlt. n Witness my hand and official seal. r� My commission expires: 2/x/3, / 9 (Date) [SEAL) AMIE L. MARTIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074027139 My Commisslon Explres July 13, 2019 (Notary Public) GRANTED The moving party is hereby ORDERED to provide a copy of this Order to any pro se parties who have entered an appearance in this action within 10 days from the date of this order. Ruben M. Hernandez District Court Magistrate Empoicspuast 28, 2009 DISTRICT COURT, GARFIELD COUNTY, COLORADO Garfield County Courthouse 109 8th Street, Suite 104 Glenwood Springs, CO 81601 CO Garfield County District Court 9th JI Filing Date: Oct 28 2009 11:48AM MDT Filing ID: 27779489 Review Clerk: N/A LCOURT USE ONLYA IN RE THE MATTER OF CONSOLIDATED METROPOLITAN DISTRICT, GARFIELD COUNTY, COLORADO Case No. I991 CV 210-2 Div.: Ctrm.: ORDER FOR CHANGE OF NAME THIS MATTER having come before the Court on Motion for Change of Name filed by the Consolidated Metropolitan District (the "District"), and the Court being fully advised in the premises, HEREBY ORDERS: 1. That the name of the District be and hereby is changed to Battlement Mesa Metropolitan District, effective January 1, 2010; 2. That such name change shall be made and spread upon the records of this Court; 3. That a copy of this Order for Change of Name shall be filed in Case No. 1991 CV 210-2. 4. That notice of such name change shall be provided within thirty (30) days of the date of this Order to: (a) the Garfield County Clerk and Recorder's Office; (b) the Garfield County Assessor's Office; and (c) the Division of Local Government in the Department of Local Affairs. The District shall be responsible for so notifying the above -listed entities. DONE this day of , 2009. BY THE COURT: District Court Judge I9rif t 4CM4Mi'alir<lrlg Ili 11111 0 U r Z 0 U 0 J Cr W oCC c. L0 e am C Li- d •"i0 0 0 16ao o IF; P`N • j$ OIL �41C CC Q a ya —_ dr - re v - Court: Judge: Alternate Judge: File & Serve Transaction ID: Current Date: Case Number: Case Name: Court Authorizer: CO Garfield County District Court 9th JD THOMAS WILLIAM OSSOLA Unassigned 27752657 Oct 28, 2009 1991CV210 BATTLEMENT MESA WATER & SANITATION DIST vs. SADDLEBACK METROPOLITAN DISTRICT Ruben M Hernandez /s/ Judge Ruben M Hernandez i - o 0 I z 1- z D 0 1 V ct lil CE 4-0 LO i. mo —0 m CN MNLL ell "11 U o CO do .. MIDN 07 rN uoLL MCO U m "10 LY ♦ N_ ..aN w D _ ■!!! 14G+�� 111.11144,11151d 1/01.1011040111M 11111 Reception#: 721060 04/1312007 01:15:00 PM B:1913 P0399 Jean Alberico 1 of 3 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, dated , between Battlement Mesa Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado. organized pursuant to Part 1, Article 1, Title 32. C.R.S. , of the County of Garfield and State of Colorado. grantor(s), and Consolidated Metropolitan District a quasi -municipal corporation and political subdivision of the State of Colorado. organized pursuant to Part 1, Article 1, Title 32, C.R.S. , whose legal address is P.O. Box 6116, Battlement Mesa, Colorado 81636 of the County of Garfield and State of Colorado , grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Ten (10) DOLLARS, 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(s), its 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 Exhibit A, attached also known by street and number as: assessor's schedule or parcel number: See Exhibit A See Exhibit A *subject to all easements, reservations, restrictions, covenants and rights-of-way of record. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its heirs and assigns forever. The grantor, for itselfit heirs, personal representatives, 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(s), its heirs and assigns, against all 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 County of Garfield Battlement Mer .poli : District By: William Wilde, President T q foregoing ins7n m was acknowledged before me this / day of bee cm c r , 2006, by Wr/Jia/n f�s� A ib� 1 /iQm WW,` Witness my hand and official al. My commission expires: og /�xy it/A4/2,,00c 61 -e -a‘ Notary Public 0 No. 16. Rev. 4-94. SPECIAL WARRANTY DEED (Page 1 of 1) C:1Documents and Settings\Bill WildelMy Documents\Districts cor1BMMD CMD assign agreements 20061SpecialWarrentyDeed-Land.doc 3 - 11111K 111.1111141, M1111.0.1.0061.1tOWC 11111 ReceptionU: 721060 04/1312007 01:15:00 PM B.1913 P:0400 Jean Rlberico 2 of 3 Rec Fee:$16.00 Doc Fee.0.00 GARFIELD COUNTY CO LOCATION SECT,TWN,RNG:13-7-96 SUB:RIVER BLUFF FILING #1 LOT:2 DESC: WELL SITE BK:0717 PG:0217 BK:0601 PG:0658 BK:0769 PG:0511 BK:0688 PG:0677 SECT,TWN,RNG:13-7-96 SUB:RIVER BLUFF FILING #I LOT:1 DESC: SEWER TREATMENT PLANT SITE BK:0717 PG:0217 BK:0601 PG:0658 BK:0769 PG:0511 BK:0688 PG:0677 SECT,TWN,RNG:7-7-95 SUB:RIVER BLUFF FILING #3 BLK:I LOT:1 PRE:R470036 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:7-7-95 SUB:RIVER BLUFF FILING #3 BLK:1 LOT:1 PRE:R470036 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:4-7-95 SUB:RIVER BLUFF FILING #4 BLK:1 LOT:1 PRE:R400002 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:18-7-95 SUB:RIVER BLUFF - FILING #5 BLK:I LOT:1 PRE:R400002 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:17-7-95 SUB:JACK'S POCKET VILLAGE #2 BLK:I LOT:1 PRE:R400002 BK:0601 PG:0658 BK:0769 PG:0511 I ASSESSED VALUE a O O i!'1 en w 'b bb am Land: Bldg.:5,800.00 Land: Bldg.:11,600.00 © O O V1 r n b0 amm Land: Bldg.:8,700.00 Land: Bldg.:1,450.00 0 0 O © O, ef 'a bb _ACTUAL VALUE 0 0 o .4.-;"o --� •-7 CO Land: Bldg.:20,000.00 © © © © a 7 CO © o vi c r , CO 0 © 0 © pp r+1 ra Fa 0 © 0 v -i r1 CO O 0 0 © 0 69 ra CO COST ITEM Reception No. 371428 Approx. 13.53 acres River Bluff Filing #1 Reception No. 371428 Approx.: 21.18 River Bluff Filing #1 Reception No. 344067 Approx. 9.09 acres River Bluff Filing #2 Reception No. 344068 Approx. 0.98 acres River Bluff Filing #3 Reception No. 344069 Approx. 1.35 acres River Bluff Filing #4 Reception No. 352323 Approx. 0.27 River Bluff, Filing No. 5 Reception No. 344064 Approx. 0.39 Jack's Pocket Village #2 111111% I'a litV'kr44' 110I.MilrMiii.VIINIil 11111 Reception#: 721060 04/13/2007 01:15:00 PM B:1913 P:0401 Jean Alberico 3 of 3 Rec Fee $16.00 Doc Fee:0.00 GARFIELD COUNTY CO SECT,TWN,RNG:17-7-95 SUB:JACK'S POCKET VILLAGE #3 BLK:1 LOT:1 PRE:R040002 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:8-7-95 SUB:HIGHLANDS FILING #1 BLK:1 LOT:1 PRE:R400002 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:24-7-96 SUB:TAMARISK LIFT STATION BLK:1 LOT:1 DESC: TAMARISK LIFT STATION PRE:R400002 BK:0601 PG:0658 BK:0581 PG:0255 BK:0580 PG:0066 BK:0569 PG:0664 BK:0569 PG:0301 BK:0769 PG:0511 Land: Bldg.:3,480.00 Land: Bldg.: 10,150.00 O O O 4,1 -r C64 C b0 72,0 O O tsf 64 'C bQ g --= .4 CO Q M 64 'd to moa O O O 44 6 'cbA C am Reception No. 344065 Approx. 0.70 Jack's Pocket Village #3 Reception No. 344062 Approx. 2.88 acres The Highlands, Filing No. 1 Reception No. 363320 approx. 06 acres Tamarisk Lift Station 1111 rd FY IAN MV.IELMIritri0110 NU IN 11 H Receptiontt: 721059 04/13/2007 01:15:00 PM B:1913 P:0395 Jean Rlberico 1 of 4 Rec Fee:$21.00 Doc Fee.0.00 GARFIELD COUNTY CO BARGAIN AND SALE DEED THIS DEED, dated , between Battlement Mesa Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado. organized pursuant to Part 1, Article 1, Title 32, C.R.S. , of the County of Garfield and State of Colorado, grantor(s), and Consolidated Metropolitan District a quasi -municipal corporation and political subdivision of the State of Colorado, organized pursuant to Part 1. Article 1, Title 32. C.R.S. whose legal address is P.O. Box 6116, Battlement Mesa, Colorado 81636 of the County of Garfield and State of Colorado , grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Ten (10) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does bargain and sell unto the grantee(s), its successors and assigns forever, those water rights, permits, decrees, and other evidences of ownership described on Exhibit A, attached hereto and incorporated herein by this reference. See Exhibit A, attached IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Attest: William Nelsa Battlement Mesa Met:ropolital)District Z • By: STATE OF COLORADO County of Garfield William Wilde, President ,ThAforegoingAtikinutrnt was acknowledged before me this 1 day of ve&14i'(, 2006, by wig/ Q/n fie/9n Witness my hand and official seal. My commission expires:agI402/7 Qd/if x Notary Public No. 16. Rev. 4-94. SPECIAL WARRANTY DEED (Page 1 or 1) C:\Documents and Settings\Bill WildelMy Documents\Districts cor1BMMD CMD assign agreements 20061BargainandSaleDeed-water.dac 1111 IIS 1114.1ffildidliNCIAIVIIKKI 11 111 Reception# 721059 04113/2007 01:15:00 PM B:1913 P:0396 Jean Alberico 2 of 4 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A (Attached to Bargain and Sale Deed) The following described water rights located in Garfield County, Colorado: (a) 20 cfs of the Dow Pumping Plant and Pipeline decreed in the District Court in and for the County of Garfield, State of Colorado, in Civil Action No. 4914 for a total of 178 cfs. The decreed source of this water right is the Colorado River (and Green Mountain Reservoir) with a January 24, 1955 appropriation date, and a November 10, 1966 adjudication date. By decree of the District Court in and for Water Division No. 5, State of Colorado (hereinafter the "Water Court"), entered in Case Nos. 79CW350 and 351, the uses of this water right were changed to include municipal, domestic, industrial, commercial, irrigation, sewage treatment and other beneficial uses in connection with Battlement Mesa Planned Unit Development. As decreed in Case Nos. 79CW350 and 351, the points of diversion for the subject 20 cfs of the Dow Pumping Plant and Pipeline are located at a point in the channel of the Colorado River, whence the Northwest corner of Section 7, Township 7 South, Range 95 West, 6th P.M. bears North 46' West 3300 feet, and at a point in the main channel of the Colorado River in Section 13, Township 7 South, Range 96 West, 6th P.M. within a 100 -foot radius whose center bears North 8' 36' West 861 feet from the Southeast corner of Northwest quarter corner of said Section 13. In addition to the foregoing decreed diversion points, the subject 20 cfs of the Dow Pumping Plant and Pipeline has various alternate points of diversion pursuant to decrees of the Water Court entered in Case Nos. W-2560 and 82CW107. Moreover, by terms of the instrument whereby Grantor obtained title to the subject 20 cfs of the Dow Pumping Plant and Pipeline, Grantor's interest therein is subordinate in priority to the balance of the 178 cfs decreed to said water right. The effect of this conveyance was to sever into two distinct priorities the Dow Pumping Plant and Pipeline. The subject matter of this deed is the subordinate, or most junior 20 cfs decreed to said water right. (b) The following described conditional groundwater wells decreed by the Water Court in Case No. W-2560 for 0.22 cfs (100 gpm) each for municipal, domestic, irrigation and industrial purposes, with an appropriation date of March 1, 1974, all of which derive their source of water from the Colorado River alluvium: (1) Battlement Mesa Well No. 1A, State Engineer Permit No. 20065-F, located in the SE1/4 NE1/4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2300 feet South of the North line and 800 feet West of the East line of said Section 13. (2) Battlement Mesa Well No. 2A, State Engineer Permit No. 20066-F, located in the SE114 NE1/4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2300 feet South of the North line and 600 feet West of the East line of said Section 13. (3) Battlement Mesa Well No. 3A, State Engineer Permit No. 20067-F, located in the SE114 NE1/4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2300 feet South of the North line and 1000 feet West of the East line of said Section 13. 1111K Ili!ALP Ile riY h Mei 11111 Reception#: 721059 04/13/2007 01:15:00 PM 8:1913 P:0397 Jean Rlberico 3 of 4 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO (4) Battlement Mesa Well No. 4A, State Engineer Permit No. 20068-F, located in the SE1/4 NE1/4 of Section 13, Township 7 South, Range 96 West, fith P.M., at a point 2400 feet South of the North line and 1250 feet West of the East line of said Section 13. (5) Battlement Mesa Well No. 5A, State Engineer Permit No. 20069-F, located in the SW1/4 NE1/4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2600 feet South of the North line and 1450 feet West of the East line of said Section 13. (c) Atlantic Richfield Well B, decreed by the Water Court in Case No. W-2560 for 1.10 cfs (500 gpm) for municipal, domestic, irrigation and industrial purposes, with an appropriation date of March 1, 1974, the source of which is the Colorado River alluvium. By decree of the Water Court in Case No. 82CW107, this well was granted the following alternate points of diversion for the following amounts which were subsequently made absolute in Case No. 84CW28: (1) Battlement Mesa Well No. B1, State Engineer Permit No. 25264-F, 100 gpm, located in the NE1/4 SW1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1960 feet North of the South line and 2200 feet East of the West line of said Section 7. (2) Battlement Mesa Well No. B2, State Engineer Permit No. 25265-F, 200 gpm, located in the NE1/4 SW1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1745 feet North of the South line and 2165 feet East of the West line of said Section 7. (3) Battlement Mesa Well No. B3, State Engineer Permit No. 25266-F, 200 gpm, located in the NE1/4 SW1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1720 feet North of the South line and 2360 feet East of the West line of said Section 7. (d) Battlement Mesa Well No. B4, decreed by the Water Court in Case No. 82CW107, and subsequently made absolute in Case No. 84CW28, for 300 gpm for municipal (including fire protection), domestic, commercial, irrigation, industrial, sewage treatment, recreation and all other beneficial uses, with an appropriation date of May 11, 1981. This well is located in the NE1/4 SW1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1465 feet North of the South line and 2185 feet East of the West line of said Section 7. The source of this well is the Colorado River alluvium. (e) The following described conditional groundwater wells decreed by the Water Court in Case No. 82CW107 for 300 gpm each for municipal (including fire protection), domestic, commercial, irrigation, industrial, sewage treatment, recreation and all other beneficial uses, with an appropriation date of November 11, 1981, all of which derive their source of water from the Colorado River alluvium. (1) Battlement Mesa Well No. B5, located in the SE114 SW1/4 of 1III1M Mil IN 11111 Reception#: 721059 04/13/2007 01:15:00 PM B:1913 P:0398 Jean Alberico 4 of 4 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1180 feet North of the South line and 2100 feet East of the West line of said Section 7. (2) Battlement Mesa Well No. B6, located in the NE1/4 SW1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1440 feet North of the South line and 2475 feet East of the West line of said Section 7. (3) Battlement Mesa Well No. B7, located in the NW114 SE114 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1735 feet North of the South line and 2700 feet East of the West line of said Section 7. (f) Mesa Lakes Nos. 1, 2, 4, and 5, for a total of 44.4 acre-feet conditional, and 36.1 acre-feet conditional of the 46 acre-feet conditional of the Mesa Lake No. 3, decreed by the Water Court in Case No. 79CW349, all with an appropriation date of December 26, 1979. These lakes are located in Sections 7 and 18, Township 7 South, Range 95 West, and Section 13, Township 7 South, Range 96 West, 6th P.M., and all derive their source of water supply from the Colorado River, Monument Creek (alkla Monument Gulch) and unnamed gulches which flow into the eight lakes. (g) Huntley Ditch - Monument Reservoir Enlargement decreed by the Water Court in Case No. W-2012 for 15 cfs conditional, with an appropriation date of July 24, 1973. This ditch derives its supply from Battlement Creek. (h) Monument Reservoir No. 3, decreed by the Water Court in Case No. W-2013 for 500 acre-feet conditional for irrigation, piscatorial, municipal, and domestic uses, with an appropriation date of July 24, 1973. This reservoir is located in Section 20, Township 7 South, Range 95 West, 6th P.M., and derives its source from Battlement Creek and Monument Gulch. In addition, this reservoir is also entitled to be supplied from the Huntley Ditch - Monument Reservoir Enlargement. (i) Monument Gulch Ditch, decreed by the Water Court in Case No. 81CW436 for 1.5 cfs for municipal, domestic, commercial, irrigation, industrial, sewage treatment and recreation purposes, with a June 1, 1981 appropriation date. By decree of the Water Court entered in Case No. 86CW105, this water right was made absolute. As the foregoing water rights described in paragraphs (a) through (I) above were changed, augmented or utilized as a source of augmentation water by decree of the Water Court entered in Case No. 82CW107, and as the water rights described in paragraph (f) above are sought to be changed by the application pending in Water Court Case No. 89CW200. SUBJECT to the prior reservation by Battlement Mesa, Inc. of those certain water rights described on Exhibit B to the Bargain and Sale Deed, dated December 19, 1989 and recorded in Garfield County, Colorado, at Reception Number 408500, on December 21, 1989. Recwded at 940Ck m, 408 Reception No. ��-1-P`iL.e� Recorder. BOOK 769 Pitt€5i1, SPECIAL WARRANTY DEED THI&DEED, Made this • ZO H' day of • Deter., bei ; 19 89 between BATTLEMENT MESA, INC., a Delaware corporation qualified .to do business in the State of Colorado of the. County of , State of Colorado, grantor(s), and BATTLEMENT MESA METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of. the State of• Colorado whose legal address is 73,G. Sipprelle Drive, Battlement Mesa, Colorado, 81635 GARFIELD /02-7-d"? State Doc. Fee of the County of Garfield , State of Colorado, grantee(s): WITNESSETH, That the grantor(s), for and in consideration of the sunt of Ten Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, ha S bargain, sell, convey and confirm, unto the grantee(s), its if any, situate, lying and being in the described as follows: Zeabblitfi, granted, bargained, sold and conveyed, and by these presents does grant, heirs and assigns forever,all the real property, together with improvements, County of Garfield , State of Colorado, See Exhibit "A" attached hereto and incorporated herein by this reference. *subject to all easements, reservations, restrictions, covenants andrights-of-way of record. 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 a,l •the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), • its heirs and assigns forever. The grantor(s), for itsel f its heirs and personal representatives or successors. 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(s); its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the giantor(s).,.* IN WITNESS WHEREOF, the grantor(s) haS executed -this deed on the date set forth above. L`C: Moline, / cretary sistant 107 t. . STATE OF COLORADO BATTLEMENT MESA, INC., a Delaware corporation By: g Rid A `�•nger, Vice President 55. County of ARAPAHOE . The foregoing instrument was acknowledged before me this 20th day of December ,i989 , by R.A. Stonger as Vice President and John C.. Moline as Assistant Secretary on behalf of Battlement Mesa,,Inc., a Delaware corporation. . Witness my hand and official seal. My commission expires January .9, 1991 *If inDonw insert "City and." •,;J.t •-1 1iJ 4: 4 ri- C U Notary Public O. I6.11ex 3-85. SPECIAL WARRANTY DEED Bradford Publishing, 5825 W. 6th Ass.. Lakewood, CO 80214 — (303) 233.6900 12-87 EXHIBIT "A" THE. PROPERTY LINK FAGE5,12 River Bluff, Filing No. 1,. Lots 1, 2 and 3 of Block 1. (Treatment plants site and Wellfield.A) River Bluff, Filing No. 2, Lot.1 of Block 1 (Wellfield B) River Bluff., Filing No. .3, Lot. 1 of Block 1 (Clearwell pump station) . River Bluff, Filing No. 4., Lot 1. of Block 1 (Golf course. lift station) . River Bluff, Filing No.. 5,Lot 1 of Block 1. (Zone A pump station) . . Jack's Pocket Village, Filing'No. 2, Lot 1 of Block 1 (Zone B pump station) Jack's Pocket Village, Filing No. 3, Lot 1 of Block 1 (Zone A tank) The Highlands, Filing.No. 1, Lot 1 of Block 1. (Zone B tank) Tamarisk Lift Station, Lot 1 of- Block (Saddleback lift station) . . 895320 07/27/2017 01:28:28 PM Page 1 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded PIPELINE EASEMENT AND RIGHT-OF-WAY STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) KNOW ALL MEN BY THESE PRESENTS: This Pipeline Easement and Right -of -Way Agreement ("Agreement") made effective this 27th day of July, 2017 (the "Effective Date") is entered into by and between Battlement Mesa Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado, whose address is 401 Arroyo Drive, Battlement Mesa, Colorado 81635 ("Grantor"), and Ursa Operating Company LLC, a Delaware limited liability company, whose address is 1600 Broadway, Suite 2600, Denver, Colorado 80265 ("Grantee"). WHEREAS, Grantor s the owner of the surface of certain lands, part of which is described on Exhibit A which is attached hereto and incorporated herein (the "Lands"). WHEREAS, Grantee wishes to receive a right-of-way and easement across the Lands as such right-of-way and easement is more particularly described on Exhibit A (the "Easement"). WHEREAS, Grantor wishes to grant the Easement to Grantee and Grantee wishes to accept the Easement and use the Easement pursuant to the provisions of this Agreement. NOW, THEREFORE, for and in consideration of One Hundred Dollars and 00/100ths ($100.00) and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of the Easement. Grantor does hereby grant and convey to Grantee, its successors and assigns, a free and unobstructed easement and right-of- way as described on Exhibit A, to lay, construct, inspect, maintain, repair, operate, alter, replace, relocate, change the size of, abandon in place and remove at will, in whole or in part, a pipe or pipelines, One (1) twelve inch gas line and one (1) ten inch (10") water line, not to exceed a total of two pipeline, (collectively, the "Pipeline") for the transportation of gas and related substances, water, fluids or substances which can be transported through pipelines and all appurtenant facilities thereto, including without limitation, all drips, valves, fittings, meters, aerial markers, graphite and steel anodes and other devices for the control of pipeline corrosion, and similar appurtenances as may be necessary or convenient in the operation of the Pipeline over, across, under and upon the lands described in Exhibit A. Within sixty (60) days after installation of the Pipeline is complete, Grantee shall provide an as -built survey of the completed project and such as -built survey shall be substituted for the Exhibit A attached hereto. Page 1 of 7 895320 07/27/2017 01:28:28 PM Page 2 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded a. The Pipeline Easement. The Easement shall be twenty five (25) feet on either side of the Proposed Pipeline cited on Exhibit A and will, upon completion of the Pipeline installation, contract to a total of twenty (25) feet in width. The pipeline shall be buried a minimum of Forty -Eight (48) inches deep. Grantee agrees to pay Grantor any and all actual damages that Grantor suffers by reason of Grantee's use of the Lands. b The Temporary Boring Easement. a temporary easement to be used as a boring machine staging area during construction of the Pipeline, the location of which is labeled as "Temporary Work Area" on the attached Exhibit A. The Temporary Boring Easement shall automatically terminate upon completion of the Pipeline installation. 2. Grantee's Use of the Easement. Grantee shall have all of the rights and benefits necessary and convenient for the full enjoyment and use of the Easement and the rights herein granted, including, without limitation, the right of ingress to and egress to and from the Easement and the right from time to time to cut all trees, undergrowth and other obstructions that, in Grantee's sole judgment, may injure, endanger or interfere with the Grantee's use of the Easement. Grantor shall not construct nor permit to be constructed, any house, building or any other structure or facility on the Easement without the express prior consent of Grantee, such consent not to be unreasonably withheld. Grantor agrees not to change the grade, remove dirt from the surface of the Easement or impound water over the Easement without the prior approval of Grantee. 3. Covenants Running with the Land. This Agreement, together with the other provisions of this grant of Easement, shall constitute covenants running with the land, binding upon Grantor, its heirs, legal representatives, successors and assigns, for the benefit of Grantee, its successors and assigns. Grantee's rights hereunder may be assigned in whole or in part to one or more assignees. 4. No Warranty of Title. Grantor makes no warranty of title in entering into this Agreement; provided, however, if it is determined that Grantor does not have the right to authorize Grantee to use the lands affected by this Agreement for the purposes set forth herein, then Grantee's sole remedy shall be to recover from Grantor those payments made by Grantee for the rights which Grantor did not have the right to grant to Grantee. 5. Grantee's Activities. Grantee warrants and agrees that it will comply with any and all laws, ordinances, orders, rules, regulations, standards and licensing requirements of any state, federal, municipal or local authority or agency having jurisdiction, now in force and effect or which may be passed, enacted, issued, revised, required or later promulgated, incident to or arising out of or in any way connected with Grantee's utilization of the Lands including those of the Colorado Oil and Gas Conservation Commission. Grantee agrees Page 2 of 7 895320 07/27/2017 01:28:28 PM Page 3 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded that it will not discharge, dump, bury or store for purposes of treatment or disposal, pollutants or hazardous materials of any kind on the Lands or elsewhere on Grantor's properties including, but not limited to, pollutants such as oil, chemicals, toxic substances or materials, hazardous wastes or hazardous substances, including pollutants as the same may be defined, now or in the future, in any federal, state, or municipal laws, rules, regulations or ordinances. Grantee specifically agrees to fully indemnify and hold Grantor harmless from and against all claims, demands, losses, costs of removal and/or cleanup of pollutants, judgments, causes of actions, fines, penalties, costs, including, but not limited to, reasonable attorney's fees and costs of court, arising out of or connected with Grantee's noncompliance with the terms of this Lease or Grantee's use of the Lands, except for any claims arising out of or due to acts or omissions of Grantor. a. Additionally, Grantee shall take all reasonable steps to: i. limit surface disturbances, damage, noise, trash, weeds, debris, waste, dust, erosion, hazardous materials; ii. protect the Grantor's real property, livestock, and water quality and quantity; in. establish and implement policies concerning the activities of the Grantee's employees, agents and invitees on the Lands and elsewhere, consistent with applicable regulations and laws; 6. Miscellaneous. Grantee shall further provide Grantor with emergency contact information. Grantee shall remain liable for all environmental damages caused or allowed by Grantee, or Grantee's employees, trustees, agents, invitees or guests. This obligation shall survive the expiration of this Agreement. The use of toxic substances for animal or plant control is prohibited without Grantor's written consent, which consent shall not be unreasonably withheld. Grantee may not hunt, fish or bring firearms or alcoholic beverages nor illegal drugs on the Lands. 7. Entire Agreement. This Agreement constitutes the entire understanding among the Grantor and Grantee, their respective partners, members, trustees, shareholders, officers, directors and employees with respect to the subject matter hereof, superseding all negotiations, prior discussions and prior agreements and understandings relating to such subject matter. 8. Reservation by Grantor. Grantor hereby reserves the right to use the Easement in any manner that will not prevent or interfere with the exercise by Grantee of its rights hereunder. 9. Governmental Immunity. Grantor, its directors, officials, officers, agents and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any provision of this agreement, the monetary limitations or any other rights, immunities or protections afforded by the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq., as the same may be amended. Page 3 of 7 895320 07/27/2017 01:28:28 PM Page 4 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded 10. No Wrongdoinq. No elected official, director, officer, agent or employee of the Grantor shall be charged personally or held contractually liable under any term or provision of this Agreement or because of any breach thereof or because of its or their execution, approval or attempted execution of this Agreement. 11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute on and the same instrument. In witness whereof, Grantor has executed this Agreement on the date set forth in the acknowledgments below. GRANTOR Battlement Mesa Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado. William elson, Preslitent GRANTEE Ursa Operating Company LLC Y sin Don Simpson, VP ofess Development Page 4 of 7 895320 07/27/2017 01:28:28 PM Page 5 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument is acknowledged before me, a notary public, this a -7 day of July, 2017, by William Nelson, President of the Battlement Mesa Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. I n My commission expires: 7/13/11 STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) Notary Public AMIE L. MARTIN — NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074027139 My COMMISSIMI Expires July 13, 2011) The foregoing instrument is acknowledged before me, a notary public, this day of July, 2017, by Don Simpson as Vice President of Ursa Operating Company LLC, a Delaware limited liability company, on behalf of the company. Witness my hand and official seal. My commission expires: THOMAS JAMES BERTRAND NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164046959 MY COMMISSION EXPIRES DECEMBER 12, 2020 Page 5 of 7 895320 07/27/2017 01:28:28 PM Page 6 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded Exhibit A Attached to and made part of that certain Pipeline Easement and Right -of -Way, made effective the 27th day of July, 2017, by and between Battlement Mesa Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado, Grantor, and Ursa Operating Company LLC, a Delaware limited liability company, Grantee. Page 6 of 7 895320 07/27/2017 01:28:28 PM Page 7 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded Page 7 of 7 1111 li rdriti4faI 6111 ICY tih VIN1 Vadii h 11111 Reception#: 891652 04/25/2017 11:24:14 RM Jean Alberico 1 of 5 Ren Fee:$33.00 Doc Fee:0.00 GARFIELD COUNTY CO ROAD EASEMENT AGREEMENT (Lot 1, River Bluff Filing #1) This Road Easement Agreement ("Easement") is made and entered into this 15 -day of December, 2016, by and between BATTLEMENT MESA METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado, whose address is 401 Arroyo Drive, Battlement Mesa, Colorado 81635 ("Grantor"), and URSA OPERATING COMPANY LLC, a Delaware limited liability company, whose address is 105017th Street, Suite 2400, Denver, Colorado 80265 ("Grantee"). Grantor and Grantee are herein collectively referred to as "Parties." WHEREAS, Grantor holds legal title to the following described lands located in Garfield County, State of Colorado, to -wit: Lot 1, River Bluff Filing #1, located in Section 13, Township 7 South, Range 96 West, 6th P.M., Garfield County, Colorado; Assessor Parcel #2409-134-06-001; (the "Lands"); and WHEREAS, as described herein, Grantor has agreed to allow Grantee to use the Lands, including the right to use and modify an existing road thereon, to access adjacent lands for the purpose of conducting oil and gas operations; and WHEREAS, the Parties desire to memorialize their agreement concerning use of the Lands. NOW THEREFORE, for and in consideration of the covenants and agreements contained herein, and for One Hundred Dollars ($100.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a temporary, non-exclusive right-of-way and easement on, over, and across that portion of the Lands as more fully depicted on Exhibit A, which is attached hereto and made a part hereof by reference, for the limited purpose of traveling across the Lands in order to access and conduct oil and gas operations on adjacent lands, including but not limited to, drilling, completing, operating and producing oil and gas wells, conducting reservoir fracture stimulation operations, re -completing, maintaining and monitoring such wells. 2. The Easement Area. The easement area is limited to an area of width no greater than thirty (30) feet, being fifteen (15) feet on either side of the centerline of the existing road located on the Lands, as more particularly depicted on Exhibit A ("Easement Area"). 3. Optional Improvements. Grantee shall have the right to maintain and make improvements to the existing road in the Easement Area and shall be solely responsible for all cost, risk and expense associated with such maintenance and improvements; provided, any such improvements must be located within the Easement Area and must be directly related to Grantee's limited purpose of traveling across the Lands in order to access and conduct oil and gas operations Road Easement Agreement (Lot 1, River Bluff Filing #1) 1633573_1 Page 1 1111 FAIMMINV,1 4,91dtkiilthiPiALY4rh 111 Reception# 891652 04125!2017 11:24:14 AM Jean Alberico 2 of 5 Rec Fee:$33.00 Doc Fee:0.00 GARFIELD COUNTY CO on adjacent lands. Grantee shall not construct any temporary or permanent improvements on the Lands not otherwise permitted by this Easement. In the event Grantee constructs temporary or permanent improvements on the Lands that are not permitted by this Easement, Grantor may remove them without Grantee's consent but at Grantee's sole expense, which expense Grantor may seek from Grantee. 4. Damages. Grantee shall reasonably protect the Easement Area and the adjacent lands of Grantor from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. If by reason of Grantee's operations, there is damage to personal property located on the Lands or there is damage to the surface of the Lands by Grantee that is not associated with reasonable and normal operations and access as contemplated in this Easement, such as damage to structures, fences, culverts, water lines, sewer lines and/or electrical lines, such damage shall be promptly repaired or otherwise remedied by Grantee or Grantee shall promptly pay Grantor an amount reasonably adequate to remedy such damage. 5. Termination of Rights. This Easement and all rights, duties and obligations of the Parties granted herein will terminate automatically if and when Grantee ceases to utilize this Easement for a period of twenty-four (24) consecutive months, or at any time upon written notification of termination by Grantee. 6. Reservation by Grantor. Grantor hereby reserves the right to use the Easement Area and to grant further easement interests in the Lands to other grantees so long as such interests and uses are not inconsistent with and do not unreasonably interfere with the exercise by Grantee of its rights hereunder. 7. No Warranty. Grantor makes no warranty of title in entering into this Easement; provided, however, if it is determined that Grantor does not have the right to authorize grantee to use the lands affected by this Easement for the purposes set forth herein, then Grantee's sole remedy shall be to recover from Grantor those payments made by Grantee for the rights which Grantor did not have the right to grant to Grantee. 8. Maintenance. Grantee shall at all times keep the Easement Area safe and in good order, free of noxious weeds, litter and debris. Grantee shall not permit the release or discharge of any toxic or hazardous chemicals or wastes on Grantor's property. 9. Binding; Assignability. This Easement shall be binding upon and shall inure to the benefit of the parties and their respective representatives, successors, agents and assigns; provided, Grantee may only assign this Easement upon the express written consent of Grantor. 10. No Third Party or Public Rights. The easement created herein and the rights created, reserved, granted, and established do not, are not intended to, and shall not be construed to create any easements, rights, or privileges in and for the benefit of any third party or the general public. 11. Governmental Immunity. Grantor, its directors, officials, officers, agents, and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any Road Easement Agreement (Lot 1, River BluffFiling #1) 1633573_1 Page 2 hillFAIEPAdLnfrh' hd IIMI' ihuik 1111 Reception#: 891652 04/2512017 11:24:14 RN Jean Rlberico 3 of 5 Rec Fee $33.00 Doc Fee:0.00 GARFIELD COUNTY CO provision of this agreement, the monetary limitations or any other rights, immunities, or protections afforded by the Colorado Governmental Immunity Act, C.R.S. section 24-10-101, et seq., as the same may be amended. 12. No Wrongdoing. No elected official, director, officer, agent, or employee of the Grantor shall be charged personally or held contractually liable under any term or provision of this Easement or because of any breach thereof or because of its or their execution, approval, or attempted execution of this Easement. 13. Entire Agreement. This Easement, along with any exhibits and amendments hereto, encompasses the entire agreement of the Parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. 14. Counterparts. This Easement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. GRANTOR: Battlement Mesa Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado illiam Nelson, President GRANTEE: Ursa Operating Company LLC, a Delaware limited liability company Don Simpson, Vice President of Business Development Road Easement Agreement (Lot 1, River Bluff Filing #1) 1633573_1 Page 3 VIII 1irdERMlli NihiltR+ItrlNiiiiIini, ili'ikriik 11111 Reception#: 891652 04/25/2017 11:24:14 AM Jean Rlberico 4 of 5 Rec Fea:$33.00 Doc Fee:0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument is acknowledged before me, a notary public, this 15 day of December, 2016, by William Nelson as President of the Battlement Mesa Metropolitan District, on behalf of the District. Witness my hand and official seal. My commission expires: 7 3 STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER AMIE L. MARTIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074027139 My Commission Expltms July 13, 2010 n The foregoing instrument is acknowledged before me, a notary public, thiso/3 day of November, 2016, by Don Simpson as Vice President of Business Development for Ursa Operating Company LLC, a Delaware limited liability company, on behalf of the company. Witness my hand and official seal.. My commission expires: J,1 94, go(' KASEY L EUSBA NOTARY PUBLIC NOTARY OF COLORADO MY COMA . EXPIRES NOV. 24, 2019 Road Easement Agreement (Lot I, River Bluff Filing #1) 1633573_1 Page 4 1111 ElraratiVilitiNkil'ATTAIN I .lit 11111 Reception#: 891652 04/2512017 11:24:14 RM Jean Rlbericc 5 of 5 Rec Fee:$33.00 Dcc Fee:0.C3 GARFIELD COUNTY CO Exhibit A / / / / / \\ D i \ A 8 \ 3 `, ` 1 IP m \ P ' ;A a . \k ' c, k • 5 \,\.\i,\, • • •• • ` 1 • \ ` • 76- A �9 R l'1 9 0 8 Date: 1(112-16 a 1 S Road Easement Agreement (Lot 1, River Bluff Filing #]) 1633573_1 Page 5