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HomeMy WebLinkAbout1.00 ApplicationGarfield County Land Explorer Page 1 of 1 Garfield County Land Explorer Parcel Physical Address Owner Account Mailing AddressNum 217723400512 2005319 COUNTY RD SREI MAMM,LLC R040703 123 MADISON,SUITE 103 DENVER, RIFLE CO 80206 217723400516 1860319 COUNTY RD MENESES,ZA YRA I &PEREA,R041633 315 E 26TH STREET RIFLE,CO 81650RIFLEGRICELDAT 21 772610051 1 2250319 COUNTY RD DALBO INC R040684 PO BOX 98 ROOSEVELT,UT 84066RIFLE 217726100517 1936319 COUNTY RD RIFLE COMMERCIAL PARK LLC R041634 677 25 1/2 ROAD GRAND RIFLE JUNCTION,CO 81505 217726200956 Not available RIFLE BUREAU OF LAND R222033 2300 RIVER FRONTAGE ROAD SILT, MANAGEMENT CO 81652 217736200345 Not available RIFLE BENZEL LAND LLLP R247156 980 E SADDLEHORN ROAD SEDONA,AZ 86351 about:blank 8/15/2017 ce;Garfield County PAYMENT AGREEMENT FORM GARFIELDCOU:TY :rCOu.~lTylJ)and Property Owner (IJAPPLICANT")_ ___...l/W~44_'_1....•.,~e1~----!:tJ~d..:..t1L---MI--I-.Q.~I_±-L_Jlf_q.Lr-----agree as follows: 1.The Applicant has submitted to the County an application for the following Project:_CIlVtrrry !lldllt .r,ll),f EXtM1f+IP" 2.The Applicant understands and agrees that Garfield County Resolution No.2014-60,as amended,establishes a fee schedule for each type application,and the guidelines for the administration of the fee structure. 3.The Applicant and the County agree that because ofthe size,nature or scope of the proposed project,it is not possible at this time to ascertain the full extent of the costs involved in processing the application.The Applicant agrees to make payment of the Base Fee,established for the Project,and to thereafter permit additional costs to be billed to the Applicant.The Applicant agrees to make additional payments upon notification by the County,when they are necessary,as costs are incurred. 4.The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee.If actual recorded costs exceed the initial Base Fee,the Applicant shall pay additional billings to the County to reimbu rse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person,Wali d 'fl ~-M 11,+4 r Phone,LiMJ 10 J -J 7J 7 Billing Contact Address:6 7 7 l.S 2 lfJ. City:rr ra.D ~\tj4 I?(,f I'a I)State:C!J Zip Code:g ISO r Billing Contact Email:W b 0 t1 tv,'"fraY'e b r(J;S n ~","7 e-+ Printed Name of Person Authorized to Sign:W if /I'J ~0 fA -M 0 +~,.., ~f~7 (Signature)(Date) QUIT CLAIM DEED TIllS QUIT CLAIM DEED is made this 31st day of October,2014,between SA GROUP PROPERTIES,INC.,a Minnesota corporation,with an address of 221 S.Figueroa Street,Suite 310,Los Angeles,California 90012 ("Grantor"),and RIFLE COMMERCIAL PARK LLC,a Colorado limited liability company,whose legal address is 677 25Yz Road,Grand Junction,Colorado 81505 ("Grantee"). WITI\TESSETH,That the Grantor,for and in consideration of the sum of TEN and noll 00 DOLLARS,and other consideration,the receipt and sufficiency of which is hereby acknowledged, has remised,released,sold and QUIT CLAIMED,and by these presents does remise,release,sell and QUIT CLAIM unto the Grantee,its successors and assigns,forever,all the right,title,interest, claim and demand which the Grantor has in and to the real property,together with improvements, if any,situate,lying and being in the County of Garfield,State of Colorado,described as follows: See Exhibit A attached hereto. also known by street and number as 1936,1940,2001 and 2005 County Road 319, Rifle,Colorado 81650 TO HAVE AND TO HOLD the same together with all appurtenances and privileges thereunto belonging or in anywise appertaining and all estate,right,title,interest and claim whatsoever of the Grantor to Grantee,its successors and assigns forever. [Signature on next page] IN WIThTESS WHEREOF,the Grantor has executed this deed on the date set forth above. SA GROUP PROPERTIES,INC., a Minnesota corporation 2 STATE OF CALlFORt'JIA ) )ss. COUNTY OF LaS !JJlJGGlE:s,) On (Qc7-b Ib E:((.Jt '7 '2014,before me /YJ.lg'(I/J c.Ps=;f?'i'v'U 9i , Notary Public,personally appeared Jyotsna Desai,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. (Notary Seal) Signature of Notary Public THIS INSTRUMENT WAS PREPARED BY WHEN RECORDED,RETURN TO: AND RECORED AT THE REQUEST OF: SA GROUP PROPERTIES,INC. 221 S.Figueroa Street,Suite 310 Los Angeles,CA 90012 Chicago Title Insurance Company 222 South 9th Street,Suite 3060 Minneapolis,MN 55402 Attn:Zachary Crosby Order No.NCS-236344 MAIL TAX NOTICE TO: Rifle Commercial Park LLC 677 25Y2 Road Grand Junction,Colorado 91505 Attention:Walid Bou-Matar 3 EXHIBIT A LEGAL DESCRIPTION A parcel of land situated in the S1I2 SEl/4 of Section 23,and the N1/2 NE1/4 of Section 26, Township 6 South,Range 93 West of the Sixth Principal Meridian,Garfield County,Colorado, said parcel being more particularly described as follows: Beginning at a point on the westerly line of said N 112 NE 114 of Section 26 whence the South 1/4 corner of said Section 23,also being the North 114 corner of said Section 26,and being a Garfield County surveyor brass cap bears N 01°07'22"W,575.09 feet;thence leaving said westerly line N 54°27'09"E,1134.80 feet;thence N 89°39'50"E,241.11 feet,to a point on the Westerly right of way line of County Road 319 as described in Book 79 at Page 588 of the Garfield County Clerk and Recorder's office;Thence N 08°21'51"E,along said westerly right of way line 625.73 feet;thence leaving said westerly right of way line N 89°25'34"E,140.09 feet;Thence N 82°51 '13"E,74.18 feet;Thence S 85°37'07"E,74.12 feet;Thence S 68°28'03" E,47.60 feet;Thence S 54°29'35"E,45.82 feet;Thence S 08°21'51"W,890.01 feet;Thence S 89°39'50"W,295.00 feet;Thence S 15°14'12"W,77.65 feet;Thence N 89°39'50"E,146.90 feet;Thence S 00°29'34"E,661.73 feet;Thence S 89°39'50"W,398.08 feet to a point on the easterly right of way line of said County Road 319;Thence S 25°24'26"W,400.00 feet,to a point on the southerly line of said N1I2 NE1I4;Thence S 89°39'50"W,along said southerly line 748.04 feet,to the Southwest corner of said N1I2 NE1I4;Thence N 01 °07'22"W,along the westerly line of said Nl/2 NEl/4 745.09 feet to the Point of Beginning. Excepting from the above-described parcel,a 60 foot right of way being a portion of County Road 319 (Book 79 at Page 588). Bearings herein are based on a bearing of N 89°44'10"E between the one quarter corner common to Sections 23 and 26,and the Section corner common to Sections 23,24,25 and 26, Township 6 South,Range 93 West of the Sixth Principal Meridian. and also EXCLUDING the following described parcel ofland: A strip ofland located within that parcel ofland owned by Dalbo Inc.as described in Book 1475 Page 53 and as shown on Survey Deposit No.600 along with those parcels of land owned by 319 Properties,LLC as described in Book 1770 Page 569 all being records of Garfield County, Colorado,located in the North one-half of the Northeast one-quarter (N1/2 NE1I4)of Section 26, Township 6 South,Range 93 West of the 6th Principal Meridian,Garfield County,Colorado, said strip of land being more particularly described as follows: Beginning at a point on the West line of the Northeast one-quarter of the Northeast one-quarter (NE 114 NE 114)of said Section 26,from which the North one-sixteenth (N1116)corner common to said Section 26 and Section 25,Township 6 South,Range 93 West,6th Principal Meridian, Garfield County Colorado,monumented with a 2-112 inch brass cap marked LS 15846 bears S 75°06'48"E,a distance l372.18 feet,said point being the True Point of Beginning;thence along 4 said West line of the NE 114 NE 1/4,N 01°00'50"W,a distance of 661.77 feet;thence N 89°39'50"E,a distance of 8.22 feet;thence S 00°29'34"E,a distance of 661.73 feet;thence S 89°39'50"W,a distance of2.20 feet to the True Point of Beginning. 5 RIFLE COMMERCIAL PARK LLC REDEMPTION AGREEMENT THIS REDEMPTION AGREEMENT ("Agreement")is effective the 30th day of April, 2017,by and between Rifle Commercial Park LLC,a Colorado limited liability company (the "Company"),and Interstate Commercial Park,LLP,a Colorado limited liability partnership ("ICP"),and is unanimously approved by the voting rights of the Company. RECITALS A.ICP owns a 33/1/3%Percentage Interest in the Company,as that term is defined in the Operating Agreement of Rifle Commercial Park LLC dated September 25,2014 (the "Operating Agreement").' B.The parties desire to redeem the entire Percentage Interest (the "Redemption")of ICP in exchange for (i)conveyance to ICP of properties commonly known as 201 14th Street,Unit 121,Glenwood Springs,Colorado,2001 County Road 319,Rifle, Colorado and 2005 County Road 319,Rifle,Colorado,all in Garfield County, Colorado (together the "Redemption Properties'),(ii)cash of $36,132.43 to make the value of the Redemption Properties equal to one-third of all real property,and (iii)one-third of the cash remaining net of current liabilities. C.The Company owns certain real property located on County Road 319 in Rifle, Colorado (the "Rifle Property").In order to deed the Redemption Properties located on County Road 319,the Rifle Property must be divided in accordance with applicable laws,rules and regulations (the "Land Split"). D.The Company wishes to complete the Redemption in accordance with its governing documents effective as of April 30,2017. E.The parties wish to consummate the Redemption in accordance with the terms and conditions of this Agreement. THEREFORE,for good and valuable consideration,the receipt and sufficiency of which the parties acknowledge,the parties agree as follows: TERMS 1.Redemption of Percentage Interest and Withdrawal.As of April 30,2017,ICP has conveyed the Redemption Property located in Glenwood Springs to Iep by Bargain and Sale Deed and by this Agreement sells and conveys to ICP the Redemption Properties located on County Road 319,distributes cash of $36,132.43 as a distribution to equalize the property values being distributed to be one-third of the value of the real property retained by the Company,and distributed cash of $9,014.07 as one-third of the net cash remaining after the equalizing distribution.ICP conveys its entire 33 1/3%Percentage Interest,free and clear of all liens and encumbrances,to the Company effective April Ju,2017. 2.Completion of Land Split and Equitable Rights.The Company will proceed to split the Redemption Properties located on County Road 319 from the Rifle Property.The Company has reserved $5,750.00 for all costs associated with the Land Split.If such costs exceed $5,750.00,rep shall be responsible for the excess costs.If the costs are less than $5,5750.00,K'P,Best Exploration,Inc.and Cactus,LLC shall share equally in the amount less than $5,570.00 and be paid their share of such savings upon completion of the Land Split.When the Land Split has been completed,the Company shall within ten (10)days convey the Redemption Properties located on County Road 319 to rcp by a Special Warranty Deed warranting title to such properties against all claims asserted through the Company arising on 01'after May 1,2017.rcp shall be considered the equitable owner of the Redemption Properties located on County Road 319 from April 30, 2017 and shall be entitled to all rents paid with respect to such properties after that date and shall be responsible for all expenses related to such properties after that date. 3.Warranties and Covenants ofICP.rcp warrants,represents and agrees as follows: 3.1.rcp is the sole owner of the Percentage Interest and the Percentage Interest is free and clear of all liens and encumbrances of any nature whatsoever. 3.2.The execution of this Agreement does not violate any law,or conflict with or breach the terms or cause default of any agreement to which ICP is a party. 3.3.ICP has taken or will take all requisite action in connection with entering into this Agreement,the documents referenced in this Agreement,and the consummation of the contemplated transactions. 3.4.There is no suit,claim,or investigation pending or threatened against ICP that might have a material adverse effect on rcP's ability to consummate the transactions contemplated in this Agreement. 3.5.The Percentage Interest is rcP's sole interest in the Company,ICP has no claims against the Company,and ICP waives any such claims which it may have or could assert in the future arising from its relationship with the Company,including but not limited to:claims for any share of profits;repayment of debts or reimbursement of expenses owed to ICP;claims for injuries or damages;fiduciary duty claims;and any other type of claim. 4.Representations and Warranties of the Company.The Company warrants, represents and agrees as follows: 4.2.The Company has the financial capacity to enter into this Agreement and to redeem the Percentage Interest in accordance with the provisions of this Agreement. II!II,!r. 4.1.The Company has the legal power,right and authority to enter into this Agreement and to consummate the contemplated transactions. 2 4.3.The Company has taken or will take all requisite action in connection with entering into this Agreement,the documents referenced in this Agreement,and the consummation of the contemplated transactions,including but not limited to the diligent prosecution ofthe Land Split. 4.4.There is no suit,claim,or investigation pending or threatened against the Company that might have a material adverse effect on the Company's ability to consummate the contemplated transactions. 4.5 The Redemption Properties are free and clear of all encumbrances except property taxes for the year 2017 due in 2018 and the Company shall not encumber the Redemption Properties located on County Road 319 after the date of the Agreement without the express prior written approval of ICP. 4.6.The Company may enter into this Agreement and the Redemption is not prohibited by the Colorado Limited Liability Company Act or the provisions of the Operating Agreement (or,to the extent the redemption may be prohibited by the Operating Agreement,the Operating is amended to allow the redemption). 5.Waiver of Transfer Rights.The undersigned waive the benefit of any rights each may have under the Operating Agreement or any other agreement concerning the transfer or other disposition ofICP's Percentage Interest,and waive and release all rights each may have under the Operating Agreement or any other agreement (whether formal or informal)to acquire ICP's Percentage Interest. 6.Value of Percentage Interest.The parties agree that the consideration provided in this Agreement equals the value ofICP's Percentage Interest and each party waives any right to challenge the Redemption Value as a result ofICP's withdrawal from the Company. 7.Survival of Representations and Warranties.The parties mutually agree that the representations,warranties and covenants contained in this Agreement or in any document or exhibit delivered in connection with this Agreement will survive the Closing and continue to be binding. 8.Merger of Prior Agreements.This Agreement contains the sole and entire agreement and understanding of the parties with respect to its entire subject matter.All prior discussions,negotiations,commitments and understandings relating to the subject of this Agreement are merged into it. 9.Headings.Section headings or captions contained in this Agreement are inserted only as a matter of convenience and for reference,and in no way define,limit,extend or describe the scope of this Agreement or the intent of any provision. 10.Construction.Whenever required by the context of this Agreement,the singular shall include the plural,and vice versa;and the masculine gender shall include the feminine and 3 neuter genders,and vice versa.The provisions of this Agreement have been independently, separately and freely negotiated by the parties as if drafted by both of them.The parties waive any statutory or common law presumption that would serve to have this Agreement construed in favor of or against either party. 11.Advice of Counsel.Each party and signatory to this Agreement acknowledges and agrees that he,she or it has had the opportunity to consult independent legal and tax counsel concerning the terms,provisions and conditions in this Agreement prior to signing this Agreement. The law firm Dufford,Waldeck,Milburn &Krohn,L.L.P.is representing ICP in the preparation or drafting of this Agreement. 12.Applicable Law.This Agreement and the rights of the parties under it shall be governed by and interpreted in accordance with the laws of the State of Colorado,by a court of competent jurisdiction in the State of Colorado. 13.Heirs,Successors and Assigns.This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs,successors and assigns. INTERSTATE COMMERCIAL PARK,LLP INTERSTATE COMMERCIAL PARK,LLP ~~;ff~~~...L.-----_r-:-/ct~~edov Wa~r ~oU-Matar,Partner INTERSTATE COMMERCIAL PARK,LLP INTERSTATE COMMERCIAL PARK,LLP Omar Bou-Matar,Partner RIFLE COMMERCIAL PARK LLC ~~- ~~~ Walid H.Bou-Matar,Manager CONSENT AND APPROVAL OF MEMBERS.The undersigned are all of the Members of Rifle Commercial Park LLC and consent to the Redemption described in this Agreement. 4 Marina A.Young,Man g Me er of Cactus,LLC,Member alidH:i3U:Matarjrutner of Interstate Commercial Park,LLP,Member Omar Bou-Matar,Partner of Interstate Commercial Park,LLP,Member Rodney V.Christ,President of Best Exploration,Inc.,Member resa T.Bou-Matar,Partner of'Interstate Commercial Park,LLP,Member Che Bou-at ,Partner of Interstate Commercial Park,LLP,Member 5 Order No.:F0495926-017-017 Policy No.:CO-FSTG-IIVlP-72306-1-14-F0495926 SCHEDULEB EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage,and the Company will not pay costs,attorneys'fees,or expenses that arise by reason of: 1.Taxes and assessments for the year 2014 and subsequent years,a lien not yet due or payable. 2.Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof 3.Water rights,claims or title to water,whether or not shown by the public records. 4.Reservation of an undivided one half interest in all oil,gas and other mineral rights as evidenced by the instrument set forth below,and any and all assignments thereof or interests therein: Recording Date: Recording No.: September 24,1973 Book 450 at Page 41 5.Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Purpose: Recording Date: Recording No: Grass Mesa Ranch ingress and egress over an undisclosed 60 foot road March 18,1982 Book 594 at Page 886 6.An oil and gas lease for the term therein provided with certain covenants,conditions and provisions, together with easements,if any,from Robert T.Lazier to Snyder Oil Corporation as set forth therein,and any and all assignments thereof or interests therein. Recording Date: Recording No: March 16,1994 Book 895 at Page 732 7.Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Purpose: Recording Date: Recording No: Southeast Piceance Pipeline Joint Venture pipelines May 6,2001 Book 1259 at Page 66 8.Terms,conditions,provisions,agreements and obligations contained in the Memorandum of Surface and Damage Agreement as set forth below: Recording Date: Recording No.: 72306B (6/06) AL TA Owner's Policy (6/17/06) June 11,2001 Book 1259 at Page 845 and recorded April 15,2002 in Book 1345 at page 945 ~~!.~.~~~-~.~ ~Ar-:OTI.nt Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. Order No.:F0495926-017-017 Policy No.:CO-FSTG-IMP-72306-1-14-F0495926 SCHEDULEB (Continued) 9.Reservation of all minerals and mineral rights as set forth in the Deed recorded August 5,2003 in Book 1501 at Page 854,and any and all interests therein or assignments thereof. 10.Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Purpose: Recording Date: Recording No: EnCana Gathering Services (USA)Inc. pipelines June 4,2004 Book 1594 at Page 7 11.Reservation of all oil,gas,mineral and mineral rights by Robert T.Lazier as set forth in the Deed recorded August 24,2004 in Book 1616 at Page 363,and any and all interests therein or assigmnents thereof.. 12.Terms,conditions,provisions,agreements and obligations contained in the Garfield County resolution No.2004-109 concerned with the storage of oil and gas drilling equipment and storage or material handling of natural resources as set forth below: Recording Date: Recording No.: November 9,2004 Book 1637 at Page 989 13.Terms,conditions,provisions,agreements and obligations contained in the Well Sharing Agreement as set forth below: Recording Date: Recording No.: February 9,2005 Book 1661 at Page 586 14.Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Purpose: Recording Date: Recording No: Public Service Company of Colorado public utilities April 18,2005 Book 1679 at Page 464 15.Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Purpose: Recording Date: Recording No: EnCana Oil &Gas (USA)Inc. pipelines June 1,2005 Book 1692 at Page 95 16.Subject to an access and utility easement as set forth in the deeds recorded June 20,2005 in Book 1698 at Pages 560 and 562. 72306B (6/06) ALTA Owner's Policy (6/17/06) :~~~~.~!~-~.~ LA:N.~T.!.!H Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. Order No.:F0495926-017-017 Policy No.:CO-FSTG-IMP-72306-1-14-F0495926 SCHEDULEB (Continued) 17.Conveyance of all of grantors rights in and to all oil,gas and other minerals,as conveyed to Robert T. Lazier in the Deed recorded July 3,2007 in Book 1945 at Page 497,and any and all interests therein or assignments thereof. 18.Covenants,conditions and restrictions but omitting any covenants or restrictions,if any,including but not limited to those based upon race,color,religion,sex,sexual orientation,familial status,marital status, disability,handicap,national origin,ancestry,source of income,gender,gender identity,gender expression,medical condition or genetic information,as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law,as set forth in the Declaration of Covenants,Conditions and Restrictions 319 Property Owners Association,Inc. Recording Date: Recording No: December 23,2001 Reception No.812403 Note:Assignment and Assumption of Declarant Rights recorded October 31,2014 at Reception No. 855441. 19.Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Purpose: Recording Date: Recording No: 319 Property Owners Association ingress and egress December 23,2011 Reception No.812407 20.Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document: Granted to: Purpose: Recording Date: Recording No: 319 Property Owners Association,a Colorado not-for-profit corporation water delivery pipelines February 27,2012 Reception No.815059 21.Terms,conditions,provisions,agreements and obligations contained in the Affidavit RE:Boundary Line Adjustment as set forth below: Recording Date: Recording No.: Aprill1,20l2 Reception No.817200. 22.Terms,conditions,provisions,agreements and obligations contained in the Executive Summary as set forth below: Recording Date: Recording No.: August 24,2012 Reception No.823137 23.Any existing leases or tenancies,and any and all parties claiming by,through or under said lessees. 72306B (6/06) ALTA Owner's Policy (6/17/06) A."",ERICANy:-~·iiy!ft:i A5S0Ct ..••TION Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Tille Association.~~:11:... OPERATING AGREEMENT OF RIFLE COMMERCIAL PARK,LLC rins OPERATING AGREEMENT of,RIFLE COMMERCIAL PARK LLC,a Colorado limited liability company (the "Company"),effective the 25th day of September, 2014,is made by and between the Company and the undersigned Members (as used in this Agreement,the term "Member"or "Members"shall mean the initial Member(s)and any persons who become Members as provided in this Agreement). IN CONSIDERATION of the covenants and agreements in this Agreement,the Company and the Members agree as follows: 1.Formation.The Members have formed the Company as a limited liability company pursuant to the Colorado Limited Liability Company Act (the "Act")under the name "RIFLE COMMERCIAL PARK,LLC"pursuant to the provisions of the Act.Except as expressly provided otherwise in this Agreement,the rights and obligations of the Members,and the Members'assignees and transferees,among themselves and with the Company,as well as the operation and dissolution of the Company,shall be governed by the Act.The Members shall comply with the requirements of law for the continuation,preservation,and operation of the Company as a limited liability company pursuant to the Act.It is the intent of the Members to give the maximum effect to the principle of freedom of contract and to the enforceability of this Operating Agreement. 2.Names of Members.The initial Members of the Company shall be Interstate Commercial Park,LLP,Best Exploration,and Cactus,LLC. 3.Principal Office.The location ofthe principal office ofthe Company shall be 677 25 1/2 Road,Grand Junction,Colorado .81505,or such other location as the Managers may establish from time to time. 4.Purpose.The Company IS organized for any lawful purpose or activity in accordance with the Act. 5.Term.The Company shall commence on the date of filing the Articles of Organization with the Colorado Secretary of State.The Company shall continue until its dissolution in accordance with Section 25 or as otherwise provided by law. 6.Management.Management of the Company's business and affairs shall be vested in a Manager appointed from time to time by the Members.The initial Manager shall be Walid Bou-Matar.In the event Walid Bou-Matar is unable to act for a period greater than seven (7) days,for any reason including absence from the United States of America,Marina Young shall have full authority to act as Manager until Walid Bou-Matar is again able to act,if ever. 7.Scope of Authority of Manager.The Manager shall have full authority to take all Actions allowed by law to conduct the business of the Company without the prior approval of the Members,except as provided in Section 8 or the Act.The Manager shall have the right to determine the amount and timing of interim distributions to the holders of Percentage Interests, to make all tax elections (except as restricted in Section 8)for the Company,to retain attorneys and accountants for the Company,and to call meetings of the Members. 8.Acts Requiring the Unanimous Consent of the Members.The following actions taken on behalf of the Company shall require the unanimous consent of the Members: (a)The amending of the Articles of Organization; (b)The amending of this Operating Agreement; (c)The admission of additional Members; (d)The sale,lease or other disposition of all or substantially all of the assets ofthe Company (whether in a single transaction or a series of transactions); (e)The participation by the Company in any partnerships,joint ventures,or other associations of any kind with any person or entity; (f)The consolidation or merger of the Company with or into any other person or entity (whether in a single transaction or a series of transactions); (g)The presentation by the Company of any petition for insolvency, bankruptcy or other form of creditor relief,or any petition for dissolution or liquidation of the Company; (h)The lending of money to Members,Managers,officers,employees,and agents of the Company; (i)The setting of any compensation or benefits for a Manager; U)The setting of the payment of any compensation to any Member on account of services rendered to the Company,whether or not an agreement to pay such compensation was made before such services were rendered; (k)The institution or prosecution of any proceeding in the Company's name, with the exception of collection matters in which the amount in controversy is $10,000.00 or less; (1)The amending of any tax returns after the initial filing; 2 (m)The extension of any statute oflimitations for the assessment of any tax that would be imposed upon the Members; (n)The consent to any change to a previously filed tax return that would result in additional tax liability for any Member;and (0)The making of any election that would expose a Member to additional taxes. 9.Duty of Loyalty.In addition to any other duties established elsewhere in this Operating Agreement or under the Act,each Manager shall: (a)Account to the Company and hold as trustee for it any property,profit,or benefit derived by such Manager in the conduct or winding up of the Company business or derived from a use by the Manager of property of the Company,including the appropriation of an opportunity of the Company;and (b)Refrain from dealing with the Company in the conduct or winding up of the Company business as or on behalf of a party having an interest adverse to the Company. 10.Duty of Care. (a)Each Manager owes to the Company a duty of care in the conduct and winding up of the business of the Company,which is limited to the refraining from engaging in grossly negligent or reckless conduct, intentional misconduct,or a knowing violation ofthe law. (b)Each Manager shall discharge his or her duties to the Company and exercise any rights consistently with the obligation of good faith and fair dealing. 11.Title to Property.All Percentage Interests and the respective rights of Members in the Company shall be the personal property of the Members and holders of the Percentage Interests for all purposes.All property owned by the Company shall be deemed owned by the Company as an entity and no Member or holder of a Percentage Interest shall have any individual ownership interest in such property. 12.Reporting. (a)Annual Reports.A Manager shall file annual reports in the form and manner prescribed by the Colorado Secretary of State. 3 (b)Reporting to Members.A Manager shall prepare or have prepared at the close of each fiscal year a company financial statement.These statements shall be mailed or hand-delivered to each Member on or before March 1st of each subsequent year. (c)Amendment to Articles of Organization.If (i)there is a change in the domestic entity name of the Company,(ii)there is found to be a false or erroneous statement in the Articles of Organization,or (iii)the Members approve an amendment to the Articles of Organization,a Manager shall be responsible for amending the Articles of Organization in accordance with C.R.S.§7-80-209. (d)Change in Name or Address of Registered Agent.If there is a change in the name or address of the registered agent of the Company,a Manager shall be responsible for notifying the Colorado Secretary of State of such changes in the form and manner it shall prescribe.If the registered agent of the Company resigns,a Manager shall designate a new registered agent and,if necessary,a new registered office,and shall notify the Colorado Secretary of State of such changes in the form and manner it shall prescribe. 13.Records and Inspection. (a)Each Member shall have the right to inspect and copy,at such Member's expense,the following Company records (whether written or electronic) from time to time upon reasonable demand for any purpose reasonably related to the Member's interest as a Member of the Company: (i)True and full information regarding the business and financial condition of the Company,including written resolutions and minutes,if any,of the Company; (ii)A copy of the Company's federal,state,and local income tax returns for each year; (iii)A current list of the full name and last known business,residence, or mailing address of each Member and holder of a Percentage Interest,both past and present; (iv)A copy of the Articles of Organization and all amendments thereto, and a copy of any currently effective operating agreements, together with executed copies of any powers of attorney pursuant to which this Agreement and the Articles of Organization and all amendments thereto have been executed; 4 (v)True and full information regarding the amount of cash and a description and statement of the agreed value of any other property or services contributed by each Member and that each Member has agreed to contribute in the future,and the date on which each became a Member;and (vi)Other information regarding the affairs of the Company as is just and reasonable. (b)The Company may maintain its records in other than a written form if such form is capable of conversion into a written form within a reasonable time. (c)Any demand by a Member under this Section 13 shall be in writing and shall state the purpose of the demand. 14.Percentage Interest of Members.For the purposes ofthis Agreement,the term "Percentage Interest"of a Member shall mean the ownership interest of each of the owners in the Company,whether or not that owner is a Member.Ownership of a Percentage Interest is a requirement of becoming a Member.The total of all Percentage Interests in the Company shall always be 100%.Initially,the Percentage Interests shall be owned as follows: Interstate Commercial Park,LLP: Best Exploration,Inc.: Cactus,LLC: 331/3% 331/3% 33113% 15.Contributions of Members. (a)Initial Contributions.The initial Members have each paid $325,000.00 total of the $975,000.00 to purchase the real properties that is the primary asset of the Company legally described in the attached and incorporated Exhibit A (the "Property"), (b)Future Contributions.The Members have agreed to equally contribute the remaining balance of the Property Debt when and in the amounts as they may agree,but in no case in violation of the terms of the promissory note described in subsection 15(a).Otherwise,no Member has agreed to make any contributions in the future.Additional contributions may only be required with the written approval of two-thirds (2/3)of the voting interests of the Members,in which case the Members shall make such contributions in proportion to their Percentage Interests.In the event a 5 Member is unable or unwilling to make all or a portion of its or his additional contribution,the remaining Members may make such contribution in such proportions as they may agree.If the Members electing to contribute cannot agree,the contributions shall be made in proportion to their Percentage Interests.Any time a Member fails to make its or his entire additional capital contribution under this subsection 15(b), the Percentage Interests of the Members shall be proportionately adjusted to reflect the revised total contributions. (c)Return of Contributions.Neither the Members nor any non-Member owner of a Percentage Interest shall have any right to a return of all or any part of the contributions made pursuant to this Section 15. 16.Transfer of Percentage Interests.The owner of a Percentage Interest may not voluntarily or involuntarily,directly or indirectly,assign or otherwise transfer its or his Percentage Interest except as provided in this Section 16.Any assignment not in accordance with the provisions of this Section 16 shall be null and void. (a)Permitted Transfers.A Member may transfer to the following all or a portion of its or his Percentage Interest in an amount and according to the terms agreed upon by the parties:(i)any other Member;(ii)the spouse and/or descendants of Walid Bou-Matar,Max Krey or Rodney Christ;(iii) any trust created for the benefit of the spouse and!or descendants of Walid Bou-Matar,Max Krey or Rodney Christ;(iv)any entity in which all of the ownership interests are owned by the spouse and/or descendants of Walid Bou-Matar,Max Krey or Rodney Christ;or (v)any combination of the above. (b)Sale of Percentage Interests.If a Member desires to sell its or his Percentage Interest to a third party and has obtained a bona fide offer to purchase that interest from a prospective purchaser who is ready,willing and able to purchase the Percentage Interest,that Member shall give notice,in accordance with Section 28,to all other Members at least ninety (90)days prior to the proposed sale,together with the terms of the offer of purchase,which must be based on an amount for each percentage of the Percentage Interest to be sold.For purposes of this subsection 16(b),the price for each such percentage shall be referred to as a "Unit Price."The other Members shall have the option to purchase all or a portion of the Percentage Interest to be sold,pro rata based on their existing Percentage Interests,according to the terms and at the Unit Price of the offer.If any Member elects not to purchase its or his proportionate share of the interest to be sold;the remaining Members may purchase such share (or portion of share)in such proportions as they may agree.If the Members electing to purchase cannot agree,they shall purchase the interest in proportion to 6 their Percentage Interests.If,after sixty (60)days,the option to purchase has been exercised for less than the entire Percentage Interest to be sold, the selling Member may dispose of its or his remaining Percentage Interest to the prospective purchaser according to the terms and at the Unit Price specified in the original offer to purchase;provided,however,that if any of the terms of the original offer of purchase change (other than a decrease in the total purchase price because the remaining members exercised the option to purchase described in this subsection 16(b»,the revised offer must be submitted to the remaining Members as a new offer and the above cycle shall start anew.If the Members desire to exercise the option created in this subsection 16(b),they must give notice of such exercise within sixty (60)days of receipt of the notice of prospective sale. (c)Involuntary Transfer of Percentage Interests.In the event of an involuntary transfer of a Percentage Interest resulting from or relating to (by way of example but not limitation)liens,garnishment or judicial sale, the remaining Member(s)shall have the option to purchase the transferred Percentage Interest in proportion to their Percentage Interests.If the remaining Member(s)exercise this option,the third party transferee shall sell such Percentage Interest to such Member(s)for an amount equal to 70%of the equity value of the Property,calculated by subtracting the amount of all liens and encumbrances on the Property from the appraised value of the Property at the time of the transfer as determined by a professional commercial appraiser retained by the Company and paid for by the transferee (which determination shall be treated as an arbitrator's decision binding upon all the Members and the transferee),multiplied by the transferred Percentage Interest.If the Members desire to exercise the option created in this subsection 16(c),they must give notice of such exercise within sixty (60)days of receipt of the notice of the involuntary transfer. (d)Transfers of Percentage Interests on Death.On the death of any Member ("Deceased Member"),the Deceased Member's Percentage Interest may be transferred to:(i)another Member;(ii)the Deceased Member's spouse; (iii)the Deceased Member's descendants;(iv)any trust created for the benefit of the Deceased Member's spouse and/or descendants;(v)any entity in which all of the ownership interests are owned by the Deceased Member's spouse andlor descendants;or (vi)any combination of the above.Any transfer on death to any person or entity not described in the preceding sentence shall be treated as an involuntary transfer under subsection 16(c). (e)Transfers of Percentage Interests on Dissolution.On the dissolution of any Member that is an entity ("Dissolved Member"),the.Dissolved 7 Member's Percentage Interest may be transferred to:(i)another Member; (ii)the spouse of Walid Bou-Matar or Max Krey;or Rodney Christ.(iii) the descendants of Walid Bou-Matar or Max Krey or Rodney Christ.(iv) any trust created for the benefit of the spouse and/or descendants ofWalid Bou-Matar or Max Krey or Rodney Christ.(v)any entity in which all of the ownership interests are owned by the spouse and/or descendants of Walid Bou-Matar or Max Krey or Rodney Christ or (vi)any combination of the above.:Any transfer on dissolution to any person or entity not described in the preceding sentence shall be treated as an involuntary transfer under subsection 16(c). (f)Transferee not a Member.Regardless of the method of transfer (except a permitted transfer under subsections 16(a),(d)or (e)),a transferee or assignee of a Percentage Interest becomes a Member only upon the unanimous written consent of the remaining Members.Absent such consent,the transferee or assignee shall be entitled only to receive the share of profits or other compensation by way of income or return of contributions to the extent of the Percentage Interest transferred.Any assignee or transferee of a Percentage Interest who has not been accepted as a Member shall not be entitled to vote or to notices of any meetings. Any Member that transfers all of its or his Percentage Interest is no longer a Member. 17.Profits,Losses,and Allocation of Tax Items.All profits,losses,and items of income gain,loss,deduction and credit shall be divided in proportion to the Percentage Interests in the Company.Cash available for distribution shall be distributed at such time or times as the Manager shall determine in his or her sole discretion. 18.Company Debt Liability,Reimbursement and Indemnification. (a)Except as otherwise provided by law,a Member shall not be personally liable for any debts or losses of the Company beyond its or his contributions,except that a Member will be personally liable if such Member specifically assumes or guarantees,in writing,a Company debt. (b)The Company shall reimburse a Member or Manager for payments made, and indemnify a Member or Manager for liabilities incurred,in the ordinary conduct of Company business or for the preservation of the Company's business or property if such payments were made or liabilities incurred without violation of the Member's or Manager's duties to the Company. 19.Voting. (a)Except as otherwise expressly provided in this Agreement,all Members 8 shall have the right to vote on any matter requiring a vote of the Members. When a unanimous vote of the Members is not required,each Member shall have voting rights equivalent to the Percentage Interest of that Member in the Company,and a majority of these voting rights shall be required to approve an action.A majority of the voting rights shall mean a majority of the voting rights of all Members,a majority of a quorum shall be inadequate to approve an action unless it is also a majority of all voting rights of the Members. (b)In the event of a deadlock in voting for a period of four (4)months in which a unanimous vote of the Members is required or,if unanimity is not required,the required majority of the voting rights of the Members cannot be realized,the deadlock shall by treated as a dispute subject to mediation under Section 32. (c)When approval or consent of the Members is specified in this Agreement, such approval or consent only requires the action of Members,the approval or consent of any holder of a Percentage Interest who is not a Member is not required. 20.Meetings. (a)A meeting may be called by the Manager,or any Member or group of Members holding a combined 50%or greater of the voting rights,by delivery of a call for such meeting to the Manager,which call shall specify the purpose(s)for which the meeting is called.Upon receipt of a call for a meeting,the Manager shall set the date and time of the meeting,which shall be within thirty (30)days of the receipt of the call,and provide notice of the meeting,including the purpose(s)of the meeting,to the Members.The meeting shall be held at the principal office of the Company or such other place designated in the notice of the meeting. (b)Action required to be taken at a meeting of the Members may be taken without a meeting if the action is evidenced by one or more written consents describing the action taken,signed by all of the Members. (c)F or the purposes of this Agreement,Members entitled to cast 51%of the voting rights at a meeting shall constitute a quorum. 21.Resignation or Withdrawal.Any Member who resigns or withdraws as a Member shall thereafter not be a Member and shall have no right to vote or participate in the management or affairs of the Company (except as a properly appointed Manager)and shall have only the right to a share of the profits or other compensation such person would have received if they had not resigned or withdrawn.The interest of such person is simply a Percentage Interest. 9 22.Bank Accounts.All funds of the Company are to be deposited in its name in one or more bank accounts as shall be designated by the Manager.The bank account(s)shall allow only the signature of the Manager to write checks.Checks shall be written and withdrawals shall be made only in the regular course of Company business. 23.Commingling of Funds.The funds of the Company shall be used exclusively for Company purposes and shall not be commingled with the funds of any other person or entity.The Manager shall not employ,or permit any other person to employ,such funds in any manner except for the benefit ofthe Company. 24.Transactions with Members.Any Member may loan money to,act as surety for, and transact other business with the Company and,subject to other applicable law,shall have the same rights and obligations with respect to the Company as a person who is not a Member.In such a transaction,the relationship between the Company and the Member shall be governed by the nature of the relationship arising out of the particular transaction,for example:lessor/lessee or borrower/lender.Members may engage in any other business,investment or profession,whether or not competitive with the Company,and the Company shall have no rights in or to that business, investment or profession,or the income or profits derived therefrom.Nothing in this Section 24 shall be construed to relieve a Member from any duties specified in Sections 9 and 10,or his or her duties specified in C.R.S.§7-80-404. 25.Dissolution. (a)The Company shall dissolve upon,but not before,the occurrence of either Of the following: (i)Unanimous written agreement of all Members;or (ii)The sale ofthe entire Property. (b)As soon as possible after the occurrence of any of the events effecting a dissolution of the Company,the Manager shall deliver to the Colorado Secretary of State a statement of dissolution in the form it shall prescribe. (c)During the period of winding up of the affairs of the Company,the rights and obligations of the Members shall continue during the period of such liquidation. 26.Distribution of Assets Upon Dissolution.Upon dissolution,the Company shall continue its existence as a limited liability company but shall not carry on any business except as is appropriate to wind up and liquidate its business and affairs.The Manager shall sell sufficient assets, in an orderly fashion,to satisfy all creditor's claims,and shall distribute those assets as promptly as practicable as follows: 10 (a)Creditors.First,to creditors (including Members who are creditors to the extent permitted by law)in satisfaction ofliabilities of the Company,other than liabilities for distributions to Members; (b)Reserve.Next,to the establishment of any reserve which the Members deem necessary to provide for any contingent or unforeseen liabilities or obligations of the Company; (c)Members and Percentage Interest Distributions.Next,pro rata among all Percentage Interests in satisfaction of liabilities for distributions; (d)Members and Initial Contributions.Next,to Members and holders of Percentage Interests for the return of any initial monetary contributions; (e)Percentage Interest Contributions.Lastly,pro rata to all holders of percentage Interests. 27.Severability.If any provision of this Agreement is illegal,invalid,or unenforceable under present or future laws applicable to this Agreement,the parties intend that the remainder of this Agreement shall remain in full force and effect so as to fulfill as fully as possible the intent of the parties as expressed by the then existing terms of the Agreement, including the invalidated provision. 28.Notices.Wherever provision is made in this Agreement for the giving,service,or delivery of any notice,statement]or other instrument,such notice shall be given by:(a)personal delivery,or (b)United States registered or certified mail,postage prepaid,addressed to the party entitled to receive the same at his or her address stated below;provided,however,that each party may change that party's mailing address by giving to all other parties and to the Company written notice of change of such address in the manner provided in this Section 28.Mail shall be deemed to have been given,served and delivered upon the third delivery day following the date of the mailing;personal delivery shall be deemed to have been given,served and delivered upon receipt.The addresses of the parties as of the date of the execution of this Agreement are stated in the signature block. 29.Merger of Prior Agreements.This Agreement contains the sole and entire agreement and understanding of the parties with respect to its entire subject matter.All prior discussions,negotiations,commitments,and understandings relating to the subject of this Agreement are merged into it. 30.Headings.Section headings or captions contained in this Agreement are inserted only as a matter of convenience and for reference,and in no way define,limit,extend,or describe the scope of this Agreement or the intent of any provision. 11 31.Construction.Whenever required by the context of this Agreement,the singular shall include the plural,and vice versa;and the masculine gender shall include the feminine and neuter genders,and vice versa.The provisions of this Agreement have been independently, separately and freely negotiated by the parties as if drafted by both of them.The parties waive any statutory or common law presumption that would serve to have this Agreement construed in favor of or against either party. 32.Mediation.If a dispute arises relating to this Agreement that the parties are unable to resolve,the parties shall first proceed in good faith to submit the matter to a mediator agreed upon by the parties.The mediator's recommendations concerning the dispute shall not be binding.If the dispute is settled through the mediator,the parties shall share equally in the mediation costs and shall pay their own attorney fees,if any.If the dispute is not settled by the mediator and proceeds to litigation,the losing party in the litigation shall pay the prevailing party's portion of the mediation costs and its attorney fees,if any.The mediation,unless otherwise agreed,shall terminate in the event the entire dispute is not resolved within sixty (60) days after one party notifies the other of the dispute. 33.Applicable Law and Attorney Fees.This Agreement and the rights of the parties under it shall be governed by and interpreted in accordance with the laws of the State of Colorado,by a court of competent jurisdiction in the State of Colorado.It is the intention of the parties to this Agreement that this Agreement shall govern and control the rights and obligations as between them or as specifically set forth,and that otherwise the provisions of the Act,as it may be amended from time to time,shall govern and control in all other instances.In the event of any dispute,the substantially prevailing party shall be entitled to recover its reasonable costs and attorney fees,including post-judgment collection costs,in addition to actual damages. 34.Heirs,Successors and Assigns.Subject to the limitations on transferability of interest stated in Section 16,this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs,successors and assigns. [The remainder of this page is intentionally left blank} 12 RIFLE COMMERCIAL PARK,LLC ~- Walid Bou-Matar,Manager 677 25 1/2 Road Grand Junction,co 81505 Best Exploration,Inc.Member 743 Horizon Court,Suite 370 Grand Junction,CO 81506 ~~~- Walid Bou-Matar,Partner of Interstate Commercial Park,LLP,Member 677 25 112Road Grand Junction,CO 81505 '-f11c\ML".••...12--~"'1'Ju~ Cactus,LLC.Member 2754 Compass Drive,Suite 330 Grand Junction,CO 81506 13 RECORDED //.'06 O~CLOCK ~.M.REC #460481.","R \6 199~M I L DR E D A LSD 0 R F,GAR FIE L 0 CO U N TY C L E R K l'ItOI)IlCI':I{S XK·I';\I!):'11'8oo~0895PAGe 732 OlL AND GAS LEASE At;!!1':1':.\1/<;-.;'\',~I;llll'and 1'11\'-1'1',1 in!"th •.1.Z.tb "__~__"'I\"I ...__.D.e.c_embi.L..1!1~.b v :tnd lwl's"'-Il wlit>."'·/I<1sl r,(fil'"addrt·.••:.i,3§.6.Han ?OD..R~xL~h.BJ;f.,_,V~J 1.,.._~_Q__.~_:t651_.hl'n'ill;trll~r t:itlkd I,('ssm (whl'lh,-r /lilt:')r m1lTt'I illV! Snyder Oil Corporation "."""','n"Sl"((in""'<ir<"",,16?_~_1l!..()adwaj.',Suite 2200 .h,'r";,.",,,,,,,,,,..,,','''.'.,''': \\'I'I':"."I-:S.'-)I':TI1.Th:lt th,·1.'·S!)\'l.("f and in c'fI/1Si<!I-!'aliu/llI[._~.~.~_~er~__~_~02~_~._*Ten and More*lJ(Jr./.:\B.~ ";1:-:11 ill hand paid.11\1'rm-cip t "r which is hl~1I'by :Wklll)w1t',I~cd,and till:CO"I~nalits and ann~I'nll:nt:;.hl:fI'IIl<l[tI~r rrm tui-u-r!,ha~,I!nlllt··d,""1',1"..:.1, J,',I!'i,'r!alld lct ,.tlle!hv tlll's,'1>rl'lOl'lll~;d"•..s I~rallt.d •.miw,II!a~:l'anti ht ,·xdu:.i\·,·h·tllIlf'tln-~!i(:1"":->"1'.th-land bl:r~'IH;,it •.r d,·.•.•'·nll"d.WIll!lil.· ,'xt'l'Isi\',;riuh t r'lr tll\'purIH'S!"'If JII)llill~:.l':\plrlrinJ:iI,\"\:f·"ph~·loii·al and l'l/lt'r l!1eth,ttl •..allei "Jlt:r;ttill,:il,r ;11Ir!prulhu.;lIl).!uu-rr-Irom "il ariel "II ~~;I!o..,( \!,'h;ll~nl'\'I'r nalur,·.1(kind,vvith ril:hts ,.f wav and j'aselnl'nts f,)r liI~'ill):pipl'flnus.uud r-rection nf struetun-s Ih"(I'un to J,Jp.duel.',sa\'I'und t ••I(('I'an' "f ::aitl prot!III.'!S,alllhaL ,:,.rl;lll1 1(,ld of 1:11111~ill1aLI'd in tlu-(;011111\IIf --"G",a,-,r-,f~l.L·,,-e..!.l-,d~. ______.clo-s(:rilw(j ;'s follllws,I",wit: Township 6 South.Range 93 West,6th P,M, Section 23:S~SE~ Section 26:N~NE~ logetlu',with :111)'(I.!n~rSi{'II'lr,\'riJ.:"hl!'therein.a/](I t(t~~L'tht.!r with all :-:trips.or parcels of lallu,(not.however,tu he construed to include parcels comprising It regular ·W-a,·rl'Jf·J.!al :-;lIbdivisioll nr-In!I,)f npprnxlnuuely ttlrn~:;pondjllg ~i7,l!);t.djoirlin~or COntiI:!UlJU:i lei tJl(~ubove (it .·cr~"tnd allil owned or claimed hy lessor,and 1:1'III,:lillin~~..,1.6_Q_o_Q_Q_._.,iU'rl'S.IlInn'II/'less.Fi ve (5){V{ I.II is ;11:1'",1'11tlr.u 1hl!:I•.as.·shall n-rualn in fnrl!l![tl'II n-rtu nf)H¢KYI!ars fro}n 1 lis datI!•n .IS lonl:Lhcn';tftl!r as ujJor ~llS of whalS{Jc\ler Il;ltllrf'or kilHI I~i 'troflu('('"1""111 ~;lItI k;I'~"d flrl'Hli~'s fir un :1I~r,·;t!!"pnoh!1i lht'rt'\",ith,or drillitll-!I)pl'ratiolls an'cIIIlLinut'd as lH'rldn;lftt'r prr)vid"tl, If.;It tIlt,r-xpirnt iou "i Ih"ptunnrv Il'rJrl "f thi';kas!',nil (lr I:HS is not I"'in!!,Hlldlll~l'tllltlllll'lI'asl'd J)TI'mi!W51Ir 1)11 ncreacv puult!d lhert'\\'ith but J.th'S'·'·is 1111'11'!Ill:;l):,'r!ill tlrillill,:or n'-wtlrllin~('Ill'ratiuns lht'rl'tln_the-n this !t!"i1:;I'sh:llI ('ul1tinlw in terce SCJ t(ln~as IIfH!rOltlllllS arc bcin~conttnu- ,Iu ••Iv Prol~"I'U!I'd ,,11 LI,,'h·a.~"I'IIrI'llli9'"Ilr 1111 ;1I~rt'al:I'IIIHlkd Llll'rt'with:lIlHI op,'r;Itifllls shOll1 I".I:ou.o:i<h'rcd tu 1)1'cou tlnuuuslv nrosccuicu if not. III tort-Ihan 1I1IWlV {lIlJJ davs ••11:111..\,11':-:"IwfW""ll till'e(ttllPIt'lilin or auan!lnllllll'nl {If fill"wl'li und Llu-h •.'~innin~IIf (JIH~ratil)tIS fOl"the drillim.:uf <I suhs.'1I111'1It 1\'1'11,]f afl..'r cliM:IIY"rr IIr nil IIr uus on said land or IIn acn:al-W pooled thl',,'wit.h,th,'nroducunn thcn~{lf sho uld I:I!<I!;CIrem nn y cause :.rlt'r tln-prima)','u-etu .thi~:It,;.:;,,shall 11111 ll'rtnin:ltl'if )'t'SSt'!'('t.I1II1\"')I:"S adcJiLinnlll drillin~pr w-wurkill!!I)IJt~rati('l1s within ninl!ly (HO)da:vs From dOlI.!'IIr ,'\'S!>;IlIl'1I IIr )lrolhlf"tillil "r Irnm datI.'of ('oHlph'lilll!Itf fll'\'holt"If oil IIr I:as sh;lll hv discovr-rr-d and produel'd us iI rl!sulL IIf such U!H'ra- tnrn ...al or .u u-r IIII','xpir;llillll fir Lip'prilllar.\·u-rru I,r this h-usc-,this Il!;IS!'shall continur-ill rIHI~':so ")lI~as olt cr j;al;is produced Irom the leased 1'(l't'lb,,'~,"t "11 :IC"T!';I):"PIlllh'll tln-rewith. :1.Thi~;i!o..1 I',\I))·IJ/'LE,\~E.III c·OII."jdl'r;ILion (If the dowll l'a~1t pnvm cn t ,1.1'I'SlIr ilI!TI'\'S th;lt I.I~SSI'''snatl not be nbli~nted,except as uthe r- \\'i!<~'pru\'id,.d IWrt-ili.I ••'·"mrtll'II,'t'"r l'uII(irltlt'auv ollt:r;tlillos durin!!Uw Jlrimar~'tcrru ,).'·Sst'I'Itla,\'ut any Lime IJr times during or ant'r the pri- mnrv n-nu sunl'IHh'r this 1":IS"as III all IIr unv portio II IIf l;.lid land and as III unv str'll;1 IIr sLr;ltUIII h;.r dt:lh't~ring tit Lesser IIt'by filin~fur record ;1 r"I,·ast·1.1'rl'I"a~I':'••111111)1'r •.IiI'I"'11 /lr ;111 ,'hlil~:tli,,"tlu-•.•-nf u-r ;H:t!ruing as tll uu-;Wn';\I!I'stlrn'!\IIi'n'd. :1.III '·.lIlsi,kr.tl.11t1l ••[till'pn'mis,'x t lu-saill Lt's:-;"I'1~()\'I'nallts uud a~rl'I:S: \-,1.'1'••tit'li\'I'r 1.11lilt'c-n-dit "r I.l'ssur,frl:t·of l'IISt,in tht!pil1/'lilli'tu whieh J.,'SSI't'muv connect wells nn said land.the cqua l one-ctahrh II IS)piIl·tllr all "d pr.llltw,·{j anrl S:1\,1'c!rrulII till"It'as.'f!,"l·lIlis..·s, :!nc1.'I'll p,,~,1.1');~;I'r Itll,..•·i).:hlh (IlK)IIf till'J:ro~s Jlr(let'~'cls l";,I!h vvar ,IJlIYilhh'qUllrh'r!y,for lh.:l!i1S Irom eucb wctl where ~"s onlv is i'III1HI,wlnh-thr-:.;allll'is hl'illl:Llsl'li tiff t;H'pn:misl's,ilncl if IISI~r1 in tll.,mall\l(;I/'{url'III ):.lsoliJiI';1 ro\,a"1t.y of nne-t'i~hLh (liB),payable monthly :11 LlII'prt'\'aililll:lII01rkf'l mte fltr l:iI!;, :lr<1.Tn jl;I"],,":slIr for I::IS prntluct-<1 from nn~'(IiI well .11".1 used off uu-prl'mi!'it,s tlr in tlH~mauutacture uf ~asnJint·ur unv n ther product .1 I'uyally .,r 1I1I1""II:hlh (I !X)of th,'1)t(I(:~"l'{I s ,:11 till!mouth (If tlu'welt.Illlrahh'n")!l~hh"at till'prl'y:tilin~nlitrket ru tu. ,I.Wlh~I""1'.•1.,{(I'1lI ,I wt']1 I·;.pabl,'III IIrlldut!it1~~;IS IS n.u sold ur used,I.I·SSl'!'11Ia.\·,wy or render as rO)'itlty \IJ till:rO,\'illly owners OUI' Dollar lwr vea r 1'1'1'111'1 1'II\';rll~':lI:r.'l't'tailll'{j h"(I:IIIHII'I',such \laYllll'nt or 1t'nc\l:r tll be-murh-UII or b,.'flln'tlH~an niversurv c1att~of this Il'iISI'n •..x I I'llsuill~:afl,'r \h,'l'xpiralil'lI of !HI ","'s fr('111 t.lu-cI;l1f'Sll\'h \\II'I/is shut in ,me!thcn!ilrt,•.on or beforL'I.he :mni\'t~rsi.lr~·dale of this h'Use durin~the IWI'i'lIl :,ndl WI'II is shill ill.If ;,lIt:h pay/w'nt or li'lIdt'r is 11I:I(h',il \\'ill he 1~IIJ1sicll!rl~t.1iilall:as is la>intt prodll(!t!d within the rnl!,mil1J.!or this lease, ;1.If said I.f·sS(\r UW"S :t I,'s~illti,rt'sl in till':till'\'I'(}esl:riht'd land than lht'I:ntir.,:lncl undivided ft!(l simplt.:estall'therl'in,tlll'n tlu,royalties (illd\J{lilll~:tn\':(IIIII'ill ;.:;t~;rllvalt \')h"n'i"pro\'idl:t.!fllr shall hi'paid llll'Lt':ilmr IInl),iI)tilt'proportion which Ll'ssur'~jnh~rt!st hl!;lrS Lu the whole ilorl Ilndh'ull'd f,·•.. Ii,1."S~I'I·shall h"\',,lhl'ri~ht to lI!iI',rrt'l~of 1'lISt,~as.(lj);lIlcl \Vatl!r prtUhlCl't1 un said hind rur I.t'SSl!I!'!'i uJjI:ratinn llll'n'tlH,t'set'pl waler rroll) !.Ill'\\'1.·11$01 L"sslIr, 7.Wllt'll !""qll"stl'Cl h\'1.,'sslIr,I.I'SSI'"shall hur~:I,I'S.~~I'·S JlilH'lint'IwJu\\'plow dt~PLh, K,No WI"ll shall hi'"rtlll'c\lIl'art:r than :!uo r,·t'(to Lhl'11('\lSI'ur b'lrn no\\'nil s:,id ,)remis •.·s withulIL writt.t"n 1!I>/lSI'I1L oj Lessor, !J.I."S~"I'.~llall )l:.~.f"r t!;II11<II',I';>("tu:;•.d h~'Lt'SSI.'i"S o!l,'rlitiuIlS to I~rllwin,:erops 011 s;titlland, 10,Lp!'isl'!'",hall 11;1\'"llt~·•.il~hl il!any tiUll'It,1"1.'1110\'1'all ruachilll:r)'"nd ri=<llln~s IlI;H:NI /Ill ~airl pn'misl's,Illduuin~Lhc rh:hL tu draw and rl:fllfI\'"I:asilll~, II,'I'll,'rll:hjs ni 1,I'SSlII'and 1.•I·S:;I'l'ht,t!'undl'r lJlilY bl'assi!~JH!d ill wholl''Ir part,Nn ehanl!i'in oWllt',ship uf Ll'ssur's intl.!rl!sl (b)'assi~l1mcnt ttr nth"!"wiM'l slwll hi:Itinrhn,~""I.":;S!'I·nnLiI I.t·SSt~t'h:.s hl~t'll furnishL'd with lIuticl',f.'f)ll!:i:,lill~(If ("!I'rifil·d l'Opit's or all rccordl!d instrumcnts or dltl'lIn)l."llts allti IIthl:r iufi,rmati"l1 IH'Cl'SS;IfY to l'st,lblish a I:Oll1p!t'tl'eh:tin of rcl!llTcI lillo'from Lt~:i:>"I",and till'lI unl:o.-.with tl'SllecL tu pa)'mcnls Illl'!\'aftl"l'11I,1I1t',No IlUll'r IOIlc!I.f I)"!I('I',wht'lht'r lldual or cOllsLru(,th'(',sh:dl hI'bindilll:')1\t,.!SSt'I'.No 1)I'('sl:nl or rulutl.'di\'ision of Lessor's u\\'lwrslzip a:;tit dirfl'I'l'nl plIl'Unn!;(.r P,lrt:I'ls fir said land shall "pt:rlltl·tl'~'nlan:'_'tilt'olJli~:rlj ••ns fir dilllini,ih ltw d~hls «>(Lt'l;SCl',illU..Iall LI.!S5t'l"S IIp,'raUlIn •.IlW\,Iw "IIIUhtl'U'cI withouL rt'l!ilrd tll ;lIIY sHeil di\'ision,If .Jllllr \I1~'pari III'Lhis )pa!'il'i!'i assi~lll'cI,no ll'ast'huld O\\'I1l'r shilll b('Habit,hn atl~·;1I·t "r l)ll1is~illll ('1'all.\',.tllt'!'!t'asl'hold 11\\'111''', J:.!,I.I'SSI.'I',:It ib IlIHi"Il,i.~11I'n'by ~i\,I'n lhl'ri!!hl ami IH,1.I·\·r at ,III)'lilln'.llld frulli lilll!'Lil linlt':l!';1 reeurrilll~right,dtht'r bl:furL'or aftt:r Ilrlldu"\illll,.IS In iill I'IT an.\'part ,,(tlu'land d"sl'ribl'd l\,·r.-in '~"d as tll :1I\\'111\\'or mon'of tht,(orlllal.illils Ill'rt'undt'r,to pool ur ullilil'.e the 1f.';I:>('- hold ('Sl;tt.·ant!llw IIlizll'r;tl I·slal.,('11\'1'/'1'(/h~'{hi~h';I:;I'\I':~11 ••~hl~1'lautl,"·itSI'or h-ascs in till'inllll.:cii:\(1'vicillil),for lIw produclilJll of oil and ~iJ.!>, ,'r ::~''':Ir:lt''h'I'll"ltw P(lIclIlC'I,IOll IIC l,jLlu'r.wh.'"i.1I ).l"!,SI'''·S jlld'~tlll'nl it is IIt'I'(~ssar~'IIr ach'isabit'II',do sc,,IUd irn'sPl'cti\'"ur wlll'thcr aUlhority simil"r tll Ilti'(,'xlsL",with r,'sjlPI:I to "'lid,,·,lh\·,1;-'11(/.\t'aSI'or !I·asl's.Liltl'wisl',units tlrt~\'itlusl)'Curmt'd In int:1udl'furmatiOl1s nuL produ<:ini:(Iii nr 1:;'~,ilia.,'h,'l"1'(nrlll"d l",'xl:lwl,'f>"t i,111)/I':I!ndudnlt formalions,Thl'fl.lrtllillit III'rt'fllrlllill~of ;UI)'unit !:ihall ill'ill:(."oUlPlislwd by L"'!:i!:if.'t'(,)(l'Clilill~ and filinlo:.'If rl'l'"rci a ([1','1."',,1."111 ••!'.~II:'h umli"alioll IIr n'(ormation.which r!,'c!;u'aLioll !'ih'liI [!L'!:il.'ribl'lilt,unit.I\nr lutil may includl.'lanel upon whidl ;1 w"'l 11;.::11/1'/'1':"(''1''h,'''',1"lllIplt'\I'd \II'\11"'11 whidl lI)Jt·ratiuus fllr clrillilll:Itan·t.lIt'I't·L(lrorl'IH"~II cUIIlIlU:llet,d,ProcJUl!tion:drillitl~or (1:- \\·,.rkitll:IIlh'rali'l\I'.1";:I"~')!:-'\\UI in for want III'a Ular!u'L all)'\\'IH~r~'tln:t L1nil whieh includl's ••11 ~Ir a nart of this ll'aSt'slwll bl'ttl'illt~d:ls if it wl.'rt: l'•.•uh"·li"I:,rHim:ur ~,workhll:"p'~ratj{}lIs or a wl'1l shu~in ror W;tlllllf a marlH!L ullc!t'r this 1""Sl'.In Iil'U of Lhl'rnYllilil"S l'I!'il"\\'I\I~rl'hl·rein sped· ii"d.I',.:~lIlil';'::.))':l'jll I::':'n'~'iI]til'S,Ll'~sur shall u,t:I!in'011 prlHilf{'liun (1't1l1l lh •.unit :>11pooh'u r()Yillli(~s (lnly on thl'l>urlion of such productiun ,'~.,,·al,'·i l',tn,~.Il';\S,':sllch allOI'aLII,n !>h:tll lw lhlft rnopurli(HI of tht·unit producLion tlmt tlw tCltal numb.:r (It 'sllrfacc :len's l'o\'\'rcd b~'this Il'asl' ,11111m,'I,ul •.tI in llll"unil Iwars In Ilw Lulal numht'r IIf surf'II:'·aen's in suC'h unit.In addiLiuli tll till'rort,,:()in~,L"SSl't'sh;I\I h;l\'l'thl'rij.!hL lu unitize, :I·.,,,\'III'1·lIll1hin •."II I,r ,III\']lilrl f.f Ihl',t\),,\,,'cI,'st:I'il",tllantlsalO to 11/1•.lit"tlHHI'nf till'lurnwlions thl'(('UIHh'r with nlhl"t htnds in lht,samt')!l'ncraJ ar,'a !J\'"t\lt'rin~ilHlI .,,'I"'!li'rati\','I'r Illlil plan uf tll'\'I']OPIlIt'lIl tit'npl'I'aLiun appl'OVl'tI by lillY ~tl\"l'rnmt'n1;1l 'Iuthurltr and.{rom tillll'tu tim(', \\·tlh lilt":lII"r"\':lI,ltl IIIt)tlif~·.I'hollll:t·or h'l"millilt!'allY such plan IIr ,tl!n't'!nl'IlL alld.in stich 1'\'t'lIl,thL'lL'rIllS,conditions and pruvisions I;f this IPitSI'sh;dl hi'11""11"'"lIIotliii"d to l:lll1f"l'l1I tu tht,h'rms.t:ondilillllS,;tnd provisillllS uf lillCh ap(lrun.'d t'nUPl'raUVt!ur uuit plat!of dC\"L'!opnVllt or IIp.'ralit,".ll\d,I)arll.~ul,trl\·.illl t1ril1inl~auti r!t'\·1"I'II.IIlWlll 1'I'(luin'lTll'llls Ilf this It'IISl'.t'xpn's:;Ill'implil'd,shall \.)1's:uisfiL'd br CO III P liaIlCf.'with till! drillinJ,:and d"\'I'\III'III\'1\I 1"'qui""IIJt'llt",,}r stll'h plait IIr ;l!.!r,'l'l1u'ul,:11111this \1::1:'"sh ••11 IIIlI I.I'rmill;tIt'!.Ir ~'."pirt,dllri/l~lilt'!ift:{I(slll.'h pl:tn or iI~rl'f.'· IIt"Ut.lit tI\\·"""111 thai s ••id a\)'I\'"tksl.'rihed "Hub III':lI1Y part lh~'n't>C.'Shall Iwrl"lflt.'r lH'olll'ralt'd lInd,'r allY sueh 1:"o\H:ra1i\'I'or unit plan uf 11"\'1'1111'111':111 tlr tll)crati'lII \\'IlI'r,'"''lit,'I'rndu"tillil tlH·r.'frtIlJl i!o.al)!H:atl'd tl'diff,'r •.nt Jlorlillils of 111,'land l"\"'l'n'd uy said fJlall.Lhl~1l lhe produc- t\tlll ;tlln'!,I1.I!rl tll ,HI~'panit'u!;,,'tradof l;ul(l sb;tll,for lilt"purpusl'Ilf f~(lmpl1till~tht,)"u\'altil':-:10 l)l'p.tid Iwrl'llllt!t'r to L('ssor,bt,re':ilrcled as ha\'ill\.; h""/I prlllhln·!I (rollL tht,parlkul;lr trill'!Itf land In which it is ;llIol':lLI'",md !lolto any otbl'r lral:1 /If lalld:and lh,'royalty papnl'nLs lo be madL' ItprI'IIIHh'r III J,1'!>sor ."hall lit'1,asl,1I IfJl"n prllr!ul,tioll unly as su alllll:ah'd,Ll'ssUr shall f:unl:tlly t'xpr.':;S L\'ssllr's eOflSl'n!tl)any enuJ,Jcr:ttjvc IIr unil 111:111,,(cl"\','!t'lltTll'\l{(,I'Iljll'rali"1I ad"pL.!rI by l.t'sM'I'allt!;tllprl)\'t:d h~'allY l:uv,'rUlIlt'nlal ;II\I'1I1'~'h~','xl·t:ulill~1lw sallh'lIPOIl requt'sl u(f.cssl,t', 1:1.,\/1 /,xllr,·ss "r il1lplit'd c:"\'I'nant~"r this I•."s'·shall bl'subkd !n all FI·,il'rill and Stilli'L;t\\"~,E.Xt,,·uti\'.'Ordl'rs,Hull'S or Hl'l!\lialions,alld Lhis It·'lst·shall 1I.1l hi'!t'flllll\;,ll'd,in who!.,or in p;.l'l,IIIH Ll'SS~'t'llt'ld liahll'ill U:IIU;I\:t'S,fur f.lilun'III cfllIIJlh'thl'n'with,if cl'mpliallc~is prl'\'l!nl,'d 0.\',III'iI"$\11:11 Ltilurl'i:.1111'r"sulllti,illI\"lOtH:h I.ilw,Ordl'r,H\lh'or Hl'~ltlali,,". ,,\.Ll'ssor IW(I'IJ\'w:lrranl:;and ~lgl'l"'S tu (1.·£\'lId Ii\l'tilll.·to Ilw lands IH'fI'in dt'sl'riiJl'd,:111<1,,~rL't',~thai th,'l,t'5SI','.~halJ ha\'I'lhl'ri~IH at all~' 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~"":'.";:~"",.."",,,,.,,,,,,,,,,,. ______z~-~~_ .S~-tt--!f7-l)..~~-idD__~ f:Jf;t~t<>4-<j Ff:;2.;100 /~,{b f~~z IO'ty STA TE OF __~QLORA-,>D,-"O,--_ COUNTY OF ~l\_GLJ;"}ss. Oklahoma,Kansas,New Mexico.wyomtng.Mnntann,Colorado,Utah. Nebraska.North Dnkutu,South Dakota ACKNO\\1,EDGMENT-INDIVIDUAI. BEFORE ME.the undersigned.a Notary Public.in and for said County and Stale.on this l§cot"--h'---_ day M__Januar:.L .19_~.personally appca-cd .._ Robert T.Lazier ----------------------. a <Xk ._--------------- ________._______________•10 me known 10 be the identical person .described in and who executed the within and foregoing instrumcru of writing and acknowledged 10 me that h_e duly executed the same as ~free and voluntary acl and deed lor the uses and purposes therein set forth. IN WITNESS WHERF.OF.I have hereunto set my hand and affixed my no'rial s My Conunission Expires __\.Q..::_lcL~1-_ ST.",],E 01'...}ss. COUNTY OF ...._ Oklahoma,Kansas,Nev."Mexico,\Vyoming.Montnnu,Colorado,Utah, Nebraska,North Dakntu,South Dakota ,\CICNOWLEDGIWENT-INDrvmUAI. BEFORE ME.the undersigned,"Notary Public,in and for said County and State.on this _ day of ._....__..19 .personally appeared _ 0111(1 ....__.__...__ _______....._._..10 Ille known Co be the ldcruical pcrson .described in and who executed the within ami foregoing instrumcm "I'writing ",,,I acknowledged 10 me that duly executed the slime as free ,,"d voluntary act ,,"d deed ror the uses ,,"d purposes therein scr forth. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my notarial seal the duy and year lust above written. My Commissiou Expires,..~..._..,..._._ Address: Notary Public. STATE OF .._....__.} COUNTY OF .__.s. 011 Ihio day or nppcurcd.L;.._ 111('duly sworn.did say that he is the ACKNOWLEDGMENT (For use hy Corpornllon) ________.A.D.19 •before me personally _______________.~•10 me personally known.who.being by or ______and Ihal the seal affixed III said instrument is the corporate seal or said cnrpurut ion and thur said lnsrrurn-ru was signed urul scaled in behalf or said corporation by authority of it,Board of Directors.and said acknowledged said instrument 10 he free act and deed of said corporation.----_._------------ Wilness my han"and seal this day of (SEAL) My Comm ission cxpircs., cz of-o J '0"<lCl ___.A.D.19_. Address:_ e-, C:>o U J JoU '0 E:>'0> Notary Public. "uEa '"~ <-;.. C '"'E 8~ ;;. c:>aU E"~ z-"Co. "Cl '0"'Eoo~ cc ~ RECEPTION#:694944,05/03/2017 at 07:38:31 AM,1 OF 2,R $18.00 TERI A.STEPHENSON,DELTA COUNTY,CO CLERK AND RECORDER ST ATEMENT OF AUTHORITY (C.R.S.§38-30-172) 1.This Statement of Authority relates to an entity named Evergreen WS Properties LLC. 2.The type of entity is a limited liability company. 3.The entity is formed under the laws of Colorado. 4.The mailing address of the entity is 677 25 1/2 Road,Grand Junction,Colorado 81505. 5.The name of the person authorized to execute instruments conveying,encumbering,or otherwise affecting title to real property on behalf of the entity is Walid H.Bou-Matar, and/or Marina A.Young,the Managers of the entity. 6.The authority of the foregoing persons to bind the entity is unlimited. 7.This Statement of Authority is executed on behalf of the entity pursuant to the provisions ofC.R.S.§38-30-172. 8.This Statement of Authority amends and supersedes in all respects any prior statement(s) of authority executed on behalf of the entity. EFFECTIVE the 15t day of May,2017. STATE OF COLORADO ) )ss: COUNTY OF MESA ) The foregoing instrument was acknowledged before me the ~day of May,2017,by Walid H.Bou-Matar,Manager of Evergreen WS Properties,LLC. ESTHER PRICENOTARVPUBLIC STATE Of COLORADO NOTARY'ID 1201640311158 My CoIMIIMIQII ~QdIIW 5,2020 Witness my hand and official seal. My commission expires:ID ID~/J..O~ (0"D/";:,rfAJLh)r t~~LJL.-' Not'i'ry Public Page 1 on RECEPTION#:694944,05/03/2017 at 07:38:31 AM,2 OF 2,R $18.00 TERI A.STEPHENSON,DELTA COUNTY,CO CLERK AND RECORDER STATE OF COLORADO ) )ss: COU1\TY OF MESA ) The foregoing instrument was acknowledged before me the ~day of May,20 t 7,by Marina A Young,Manager of Evergreen WS Properties,LLC, Witness my hand and official seal. My commission expires:/DI{J'3/,9-o,;-O ESTHER PRICE NOTARY PUBLIC STATE OF COlORADO NOTARY 10 *20184038158My~__0ddIIIr5,DO Notary Public Bn..L OF SALE SA GROUP PROPERTIES,INC.,a Minnesota corporation ("Seller"),in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid by RIFLE COMMERCIAL PARK LLC,a Colorado limited liability company ("Buyer"),the receipt and sufficiency of which is hereby acknowledged,does hereby convey and quit claim unto Buyer any interest Seller may have in any personal property located on the real property legally described on the attached Exhibit A.Said conveyance and quit claim hereunder is "AS-IS,WHERE IS, AND WITH ALL FAULTS,"WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND,EXPRESS OR IMPLIED,INCLUDING,WITHOUT LIM1TATION,ANY REPRESENTATION OR WARRANTY AS TO PHYSICAL CONDITION,INCLUDING ANY LATENT OR PATENT DEFECTS,QUALITY OF CONSTRUCTION,WORKMANSHIP, MERCHANTABILITY,FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER MATTER CONCERNING SAID PERSONAL PROPERTY. IN WITNESS WHEREOF,the Seller has caused this Bill of Sale to be executed and delivered on and as of October 31,2014. SA GROUP PROPERTIES,INC., a Minnesota corporation 1 EXlllBIT A TO BILL OF SALE LEGAL DESCRIPTION A parcel of land situated in the S 112 SE 114 of Section 23,and the NU2 NE1/4 of Section 26, Township 6 South,Range 93 West of the Sixth Principal Meridian,Garfield County,Colorado, said parcel being more particularly described as follows: Beginning at a point on the westerly line of said NU2 NE1I4 of Section 26 whence the South 1/4 comer of said Section 23,also being the North 114 corner of said Section 26,and being a Garfield County surveyor brass cap bears N 01°07'22"W,575.09 feet;thence leaving said westerly line N 54°27'09"E,1134.80 feet;thence N 89°39'50"E,241.11 feet,to a point on the Westerly right of way line of County Road 319 as described in Book 79 at Page 588 of the Garfield County Clerk and Recorder's office;Thence N 08°21'51"E,along said westerly right of way line 625.73 feet;thence leaving said westerly right of way line N 89°25'34"E,140.09 feet;Thence N 82°51 '13"E,74.18 feet;Thence S 85°37'07"E,74.12 feet;Thence S 68°28'03" E,47.60 feet;Thence S 54°29'35"E,45.82 feet;Thence S 08°21'51"W,890.01 feet;Thence S 89°39'50"W,295.00 feet;Thence S 15°14'12"W,77.65 feet;Thence N 89°39'50"E,146.90 feet;Thence S 00°29'34"E,661.73 feet;Thence S 89°39'50"W,398.08 feet to a point on the easterly right of way line of said County Road 319;Thence S 25°24'26"W,400.00 feet,to a point on the southerly line of said N1I2 NE1/4;Thence S 89°39'50"W,along said southerly line 748.04 feet,to the Southwest comer of said NU2 NE1/4;Thence N 01 °07'22"W,along the westerly line of said N1I2 NE1/4 745.09 feet to the Point of Beginning. Excepting from the above-described parcel,a 60 foot right of way being a portion of County Road 319 (Book 79 at Page 588). Bearings herein are based on a bearing of N 89°44'10"E between the one quarter comer common to Sections 23 and 26,and the Section comer common to Sections 23,24,25 and 26, Township 6 South,Range 93 West of the Sixth Principal Meridian. and also EXCLUDING the following described parcel of land: A strip ofland located within that parcel ofland owned by Dalbo Inc.as described in Book 1475 Page 53 and as shown on Survey Deposit No.600 along with those parcels ofland owned by 319 Properties,LLC as described in Book 1770 Page 569 all being records of Garfield County, Colorado,located in the North one-half of the Northeast one-quarter (N1/2 NE1I4)of Section 26, Township 6 South,Range 93 West of the 6th Principal Meridian,Garfield County,Colorado, said strip of land being more particularly described as follows: Beginning at a point on the West line of the Northeast one-quarter of the Northeast one-quarter (NE 1/4 NE 1/4)of said Section 26,from which the North one-sixteenth (N1I16)comer common to said Section 26 and Section 25,Township 6 South,Range 93 West,6th Principal Meridian, Garfield County Colorado,monumented with a 2-1/2 inch brass cap marked LS 15846 bears S 2 I01679B65~ 75°06'48"E,a distance l372.18 feet,said point being the True Point of Beginning;thence along said West line of the NE 114 NE 114,N 01°00'50"W,a distance of 661.77 feet;thence N 89°39'50"E,a distance of 8.22 feet;thence S 00°29'34"E,a distance of 661.73 feet;thence S 89°39'50"W,a distance of2.20 feet to the True Point of Beginning. 3 STATE OF CALIFORNIA ) )5S. ) AFFIDAVIT COUNTY OF LOS ANGELES Jyotsna Desai,being first duly sworn on oath says:That she is a Vice President of SA GROUP PROPERTIES,INC.,a Minnesota corporation (the "Owner"),which owns the land located in Garfield County,Colorado,legally described in Chicago Title Insurance Company (the "Title Company")Commitment #NCS-236344 (the "Property"); That there has been no bankruptcy against Owner,and that there are no unsatisfied judgments against Owner,or any pending actions against Owner in any courts,state or federal, that affect the Property,nor any tax liens filed against the Owner that affect the Property; That any judgments,bankruptcies,probate proceedings,or state or federal tax liens of record against parties with the same or similar names to the Owner that affect the Property,if any,are not against the Owner; That there have been no labor or materials contracted for or furnished to the Property at the Owner's request during the last 120 days for which payment has not been made;and Owner has not entered into any unrecorded leases,easements,or other agreements or interests constituting a lien or charge on the Property except as specified below,and the undersigned,the Owner's asset manager of the Property,has no actual knowledge of any unrecorded leases,easements,or other agreements or interests constituting a lien or charge on the Property,except for:NONE. The foregoing is given to and solely for the benefit of the Title Company in issuing title insurance in connection with the sale by Owner of the Property and may not be relied upon by any other party or for any other purpose.r ~<J.&w.~' Jyotsn~al,li1 her capacity as Vice President of Owner,and not in a personal capacity Subscribed and sworn to (.DHtffi:rmeCf)before me on this d2TA day of (,lctoI36(,2014,by Jyotsna Desai,proved to me on the basis of satisfactory evidence to be the persorusj-who appeared before me. (Seal) 3 STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) On 2014,before me _ Notary Public,personally appeared Jyotsna Desai,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. (Notary Seal) Signature of Notary Public 4 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Chicago Title Insurance Company 222 South 9th Street,Suite 3060 Minneapolis,MN 55402 Attn:Zachary Crosby Order No:NCS-236344 E-RECORDED simplijile" ASSIGNMENT AND ASSUMPTION OF DECLARANT RIGHTS THIS ASSIGNMENT AND ASSUMPTION OF DECLARANT'S RIGHTS (this "Agreement")is made as of October 31,2014 (the "Effective Date"),by and between SA GROUP PROPERTIES,INC.,a Minnesota corporation ("Assignor"),and RIFLE COMMERCIAL PARK LLC,a Colorado limited liability company ("Assignee"). RECITALs A.Assignor is the owner of the real property legally described on attached Exhibit A (the "Property"),and has entered into a Purchase Agreement effective October 3,2014 by Assignor as "Seller"and Assignee as "Buyer,"as amended prior to the date hereof (as amended, the "Purchase Agreement"). B.The Property is encumbered by that certain Declaration of Covenants,Conditions and Restrictions 319 Property Owners Association,Inc.,recorded December 23,2011 as Reception Number 812403 in the records of Garfield County (the "Declaration"). C.Pursuant to the Purchase Agreement,Assignor has agreed to assign to Assignee and Assignee has agreed to assume Assignor's rights and obligations as a "Declarant"with respect to the Property under the Declaration. COVENANTS NOW,THEREFORE,in consideration of $1.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Assignor and Assignee agree: 1.Capitalized Terms.Capitalized terms used but not defined in this Agreement have the meanings given in the Declaration. 2.Assignment and Acceptance of Declarant's Rights and Obligations. Assignor assigns,conveys and transfers to Assignee,and Assignee accepts and assumes, all of Assignor's rights and obligations as a Declarant under the Declaration,and all of Assignor's rights and obligations as an Owner and Member with respect to the Property under the Declaration.Such assignment is made without representation or warranty whatsoever. 3.Indemnification.Assignee agrees to,and does hereby,indemnify,defend (using counsel selected by Assignor and reasonably acceptable to Assignee)and hold harmless Assignor from and against all claims,demands,losses,damages,lawsuits, actions,proceedings,threats,allegations,and legal and professional fees and costs (including those arising from enforcing this indemnity)arising from Assignee's alleged action or inaction under the Declaration or Bylaws or its status as an officer or member of the Association,or arising from and after the Effective Date with respect to the Declaration,Bylaws or Association.This indemnity survives the closing of escrow under the Purchase Agreement,and the related delivery and recording of the deed of conveyance and this Agreement. 4.Counterparts.This Agreement may be signed in counterparts. [Signature page follows.] 2 SIGNA TURE PAGE TO ASSIGNMENT AND ASSUMPTION OF DECLARANT RIGHTS Assignor and Assignee have signed and delivered this Agreement as ofthe Effective Date. ASSIGNOR: SA GROUP PROPERTIES,INC. a Minnesota corporation ASSIGNEE: RIFLE COMMERCIAL PARK LLC, a Colorado limited liability companyr. \J'..A;"By:~__~~-=---------- Jyots~c-;President By: Name:Walid Bou-Matar Its:Manager 3 SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF DECLARANT RIGHTS Assignor and Assignee have signed and delivered this Agreement as of the Effective Date. ASSIGNOR: SA GROUP PROPERTIES,INe. a Minnesota corporation ASSIGNEE: RIFLE COMMERCIAL PARK LLC, a Colorado limited liability company Jyotsna Desai,its Vice President By:_ 3 STATE OF CALIFORNiA ) )ss. COUNTY OF LOS ANGELES ) On ()crOrQC7i-O?7 ,2014,before me /h.4/?1/1 l2..Pe-<Iv LiD!' Notary Public,personally appeared Jyotsna Desai,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrume~t and acknowledged to me that she executed the same in r.i~~thorized capacity,and that by ~signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. C}t)/a..,~~f.e'v-Y1,A,-,=?l~, Signature of Notary Public (Notary Seal) e «do MAihA C~PER NtJDI "1 COMM.#1913800 Z Notary Public California ~ Los Angeles County ~ M Comm.Ex ires Dec.17,2014 4 101679865 2 STATE OF C-o I Ort:'AclC) COUNTY OF *,,\e.~, ) )ss. ) On Ct:~\cec dl ,2014,before me A-1'.5~~'L--lSuY', Notary Public,personally appeared \\h\id 13a.~-~htu~,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. ('\I certify under PENALTY OF PERWRY under the laws of the State of U:)lonALln that the foregoing paragraph is true and correct. (-\~'.\ S"~tL ~~=GU,'0-<s-01-- SIgnature of Notary Public (Notary Seal) ..•.....•....•.....•....•......-.---- ~ALISSA LAWSON ~Notary Public ~State of Colorado Notary 10 201040120564MyCommissionexpiresAug5.2018 ~ ----------- Witness my hand and official seal. 5 EXHIBIT A TO ASSIGNMENT AND ASSUMPTION OF DECLARANT RIGHTS LEGAL DESCRIPTION A parcel of land situated in the S1/2 SE1/4 of Section 23,and the N1/2 NE1I4 of Section 26, Township 6 South,Range 93 West of the Sixth Principal Meridian,Garfield County,Colorado, said parcel being more particularly described as follows: Beginning at a point on the westerly line of said N 112 NE 1/4 of Section 26 whence the South 114 corner of said Section 23,also being the North 114 corner of said Section 26,and being a Garfield County surveyor brass cap bears N 01 °07'22"W,575.09 feet;thence leaving said westerly line N 54°27'09"E,1134.80 feet;thence N 89°39'50"E,241.11 feet,to a point on the Westerly right of way line of County Road 319 as described in Book 79 at Page 588 of the Garfield County Clerk and Recorder's office;Thence N 08°21'51"E,along said westerly right of way line 625.73 feet;thence leaving said westerly right of way line N 89°25'34"E,140.09 feet;Thence N 82°51'13"E,74.18 feet;Thence S 85°37'07"E,74.12 feet;Thence S 68°28'03" E,47.60 feet;Thence S 54°29'35"E,45.82 feet;Thence S 08°21'51"W,890.01 feet;Thence S 89°39'50"W,295.00 feet;Thence S 15°14'12"W,77.65 feet;Thence N 89°39'50"E,146.90 feet;Thence S 00°29'34"E,661.73 feet;Thence S 89°39'50"W,398.08 feet to a point on the easterly right of way line of said County Road 319;Thence S 25°24'26"W,400.00 feet,to a point on the southerly line of said N1/2 NE 114;Thence S 89°39'50"W,along said southerly line 748.04 feet,to the Southwest corner of said N1/2 NE1I4;Thence N 01 °07'22"W,along the westerly line of said N1I2 NE1I4 745.09 feet to the Point of Beginning. Excepting from the above-described parcel,a 60 foot right of way being a portion of County Road 319 (Book 79 at Page 588). Bearings herein are based on a bearing of N 89°44'10"E between the one quarter corner common to Sections 23 and 26,and the Section corner common to Sections 23,24,25 and 26, Township 6 South,Range 93 West of the Sixth Principal Meridian. and also EXCLUDING the following described parcel of land: A strip of land located within that parcel ofland owned by Dalbo Inc.as described in Book 1475 Page 53 and as shown on Survey Deposit No.600 along with those parcels of land owned by 319 Properties,LLC as described in Book 1770 Page 569 all being records of Garfield County, Colorado,located in the North one-half of the Northeast one-quarter (N1/2 NE1I4)of Section 26, Township 6 South,Range 93 West of the 6th Principal Meridian,Garfield County,Colorado, said strip of land being more particularly described as follows: Beginning at a point on the West line of the Northeast one-quarter of the Northeast one-quarter (J\JE 114 NE 114)of said Section 26,from which the North one-sixteenth (N11l6)comer common to said Section 26 and Section 25,Township 6 South,Range 93 West,6th Principal Meridian, Garfield County Colorado,monumented with a 2-112 inch brass cap marked LS 15846 bears S 75°06'48"E,a distance 1372.18 feet,said point being the True Point of Beginning;thence along 6 said West line of the NE 114 NE 114,N 01 °00'50"W,a distance of 661.77 feet;thence N 89°39'50"E,a distance of 8.22 feet;thence S 00°29'34"E,a distance of661.73 feet;thence S 89°39'50"W,a distance of2.20 feet to the True Point of Beginning. 7 SPECIAL USE PERMIT Snyder Oil Corporation In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended,and Resolution No.96-21 of the Board of County Commissioners of Garfield County,State of Colorado,hereby authorizes,by Special Use Permit,the following use: A Special Use Permit to allow the construction and operation of a produced water evaporation pit on the following described tract ofland in Garfield County,Colorado: See Attached:Exhibit A The within Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution,and shall be valid only during compliance with such conditions and other applicable provisions ofthe Garfield County Zoning resolution,Subdivision Regulations,Building Code,and other regulations of the Board of County Commissioners of Garfield County,Colorado. BOARD OF COUNTY COMMISSIONERS,GARFIELD COUNTY,COLORADO IRIII WI'J','I'~~~H~Nli,fVr'I~~l(Jh11,'~I~"UiIUIIIIIJ IL.WII~I1111ecepl~o,,!!:856514 [fIll ITIlIiTI ••1/1 11f25f2014 10·34·39 ~M2of3RocFe~.$O 00 D Jean ~jberico..Oc Fee:0.00 G~RFIELD COUNTY CO 491640 B-974 P-336 04/17/96 11:25A PG 4 OF 4 ." Township 6 South,Range 93 West 6th P,M. Section 26:SW/4NE/4 and that portion of the SE/4NE/4 which contains the tract beginning ~t a point in the NE/4 of Section 26 which bears S.44D53154"W.1841,48 feet from t.heNortheast Corner of said Section 26;thence S.00D3210011 W.700.00 feet;' thence N.89D28100"W.530.00 feet;thence N.~OD3210011 E, 700.00 feet;thence S.89D28100"E.530.00 feet to the point of beginning.Bas~s of bearings is the East line of the NE/4 of said Sect.ion ·26,which is assumed from G.L,C.information to bear North. Containing 40.S acres more or less 'I Exhibit A A parcel of land described at Lot 4,situate Section 35,Township 6 South,Range 95 West of the 6th PM. Exhibit B 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Attached Legal Description Exhibit A A parcel of land situated in the S1/2 SE1/4 of Section 23, and the N1/2 NE1/4 of Section 26, Township 6 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado, said parcel being more particularly described as follows: Beginning at a point on the westerly line of said N1/2 NE1/4 of Section 26 whence the South 1/4 corner of said Section 23, also being the North 1/4 corner of said Section 26, and being a Garfield County surveyor brass cap bears N 01°07'22" W, 575.09 feet; Thence leaving said westerly line N 54°27'09" E, 1134.80 feet; Thence N 89°39'50" E, 241.11 feet, to a point on the Westerly right of way line of County Road 319 as described in Book 79 at Page 588 of the Garfield County Clerk and Recorder's office; Thence N 08°21'51" E, along said westerly right of way line 625.73 feet; Thence leaving said westerly right of way line N 89°25'34" E, 140.09 feet; Thence N 82°51'13" E, 74.18 feet; Thence S 85°37'07" E, 74.12 feet; Thence S 68°28'03" E, 47.60 feet; Thence S 54°29'35" E, 45.82 feet; Thence S 08°21'51" W, 890.01 feet; Thence S 89°39'50" W, 295.00 feet; Thence S 15°14'12" W, 77.65 feet; Thence N 89°39'50" E, 146.90 FEET; Thence S 25°24'26" W, 400.00 feet, to a point on the southerly line of said N1/2 NE1/4; Thence S 89°39'50" W, along said southerly line 748.04 feet, to the Southwest corner of said N1/2 NE1/4; Thence N 01°07'22" W, along the westerly line of said N1/2 NE1/4 745.09 feet to the Point of Beginning. Excepting from the above-described parcel, a 60 foot right of way being a portion of County Road 319 (Book 79 at Page 588). Bearings herein are based on a bearing of N 89°44'10" E between the one quarter corner common to Sections 23 and 26, and the Section corner common to Sections 23, 24, 25 and 26, Township 6 South, Range 93 West of the Sixth Principal Meridian. and also EXCLUDING the following described parcel of land as conveyed to Dalbo, Inc. in the Deed recorded April 11, 2012 at Reception No. 817199: A strip of land located within that parcel of land owned by Dalbo Inc. as described in Book 1475 Page 53 and as shown on Survey Deposit No. 600 along with those parcels of land owned by 319 Properties, LLC as described in Book 1770 Page 569 all being records of Garfield County, Colorado, located in the North one-half of the Northeast one-quarter (N1/2 NE1/4) of Section 26, Township 6 South, Range 93 West of the 6th Principal Meridian, Garfield County, Colorado, said strip of land being more particularly described as follows: Beginning at a point on the West line of the Northeast one-quarter of the Northeast one-quarter (NE 1/4 NE 1/4) of said Section 26, from which the North one-sixteenth (N1/16) corner common to said Section 26 and Section 25, Township 6 South, Range 93 West, 6th Principal Meridian, Garfield County Colorado, monumented with a 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 2-1/2 inch brass cap marked LS 15846 bears S 75°06'48" E, a distance 1372.18 feet, said point being the True Point of Beginning; Thence along said West line of the NE 1/4 NE 1/4, N 01°00'50" W, a distance of 661.77 feet; Thence N 89°39'50" E, a distance of 8.22 feet; Thence S 00°29'34" E, a distance of 661.73 feet; Thence S 89°39'50" W, a distance of 2.20 feet to the True Point of Beginning. Exhibit C {00659069.DOCX 1} Exhibit D {00659069.DOCX 1} Exhibit E Garfield Coun ty, Colo rado Prin ted: 11/1 6/201 7 at 9:3 4:5 0 AM Disc laimerThis is a co mp ilatio n o f reco rds as th ey ap p ear in th e G arfield Co un ty Office s aff ecting th e area sh own . This d rawin g isto b e u sed o nly f or refe re nc e p urp ose s an d the Co un ty is n ot resp on sible for any in acc uracies he rein co n taine d. Garfie ld C o unty Land Explorer Co pyright Gar fie ld Cou nty, Colo rado | A ll Rights Reser ved© Gar f ield Count y Land Explor er ¬1 inch = 75 2 feet 1 inch = 0.14 m ile s 0 0.2 0.40.1 Miles Gar fie ld Cou nty Colorad oGarfield County Coloradowww.gar field-county.com Gar field C oun ty Pr inted by Web User Garfield Coun ty, Colo rado Prin ted: 11/1 7/201 7 at 2:3 4:0 3 PM Disc laimerThis is a co mp ilatio n o f reco rds as th ey ap p ear in th e G arfield Co un ty Office s aff ecting th e area sh own . This d rawin g isto b e u sed o nly f or refe re nc e p urp ose s an d the Co un ty is n ot resp on sible for any in acc uracies he rein co n taine d. Garfie ld C o unty Land Explorer Co pyright Gar fie ld Cou nty, Colo rado | A ll Rights Reser ved© Gar f ield Count y Land Explor er ¬1 inch = 6,019 fe et 1 inch = 1.14 m ile s 0 1.5 30.75 Miles Gar fie ld Cou nty Colorad oGarfield County Coloradowww.gar field-county.com Gar field C oun ty Pr inted by Web User {00659069.DOCX 1} Exhibit F {00659069.DOCX 1} Exhibit G 1637-989 {00659069.DOCX 1} Exhibit H 1 IIl L[Il!,!1rll;uu,1l Hu;JllH![Lur rll{ |ltllllr Of 1 R O.OO D O.@O GRRFIELD COUNTY CO SPECIAL USE PERMIT (Parcel Identifi cation Number : 217 7 23 400 1 60) The Special Use Permit is issued to a property owned by Robert T. Lazier and located I mile south of the Garfield County airport on County Road 319 and Grass Mesa Road, Garfield County, Colorado also in the S % of the SEy4, section 23 andthe N % of the NE ll4, Section 26, Township 6 Soutll Range 93 West, of the 6ft Principle Meridian' In accordance with and pursuant to the provisions of the Garfield County Resolution of 1979, as amended, and ResolutionNo- 2oo4-109 Board of County Commissioners of Garfield County, State of Colorado, authorizes, by Special Use Permit, the following activity: ;i;1h**ifl il"r#ffi .gTJffi i#f* HANDLING OF NATURAL RESOURCES" The Special Use Permit is issued subject to the conditions set forth in the above mentioned resolutiorq and shalt be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zontng Resolutioq Subdivision Regulations, Building Code, Conrprehensive Plan, and other regulations of the Board of County Commissioners of Garfield County, Colorado GARFIELD COTINTY BOARD OF coMMrs sroll-ERs, GARFTELD Zorung of the hereby 4\6 ,d Date ATTEST: {00659069.DOCX 1} Exhibit I Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 950 S Cherry St, #1414 Denver, CO 80246 Phone: (303) 291-9977 DATE: October 5, 2017 FILE NUMBER: 100-N0014230-010-TO2 PROPERTY ADDRESS: 1936, 1940, 2001 and 2005 County Road 319, Rifle, CO 81650 BUYER/BORROWER: TITLE REPORT OWNER(S): Rifle Commercial Park, LLC, a Colorado limited liability company YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: R041634/2177-261-00-517 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: None. WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. TO:Escrow Officer ATTN:Title Only PHONE: FAX:(303) 633-7720 E-MAIL: Escrow Assistant ATTN: PHONE: E-MAIL: Title Officer ATTN:Shawn Cardin PHONE:(303) 692-6771 E-MAIL:scardin@fnf.com Sales Executive ATTN:Darren Hone E-MAIL:darren.hone@fnf.com TO:Interstate Commercial Park LLP 677 25 1/2 Rd. Grand Junction, CO 81505 ATTN:Walid Bou-Matar PHONE:(970) 245-5457 FAX:(000) 000-0000 E-MAIL:wboumatar@bresnan.net TO:Rifle Commercial Park LLC 751 Horizon Court, Suite 105 Grand Junction, CO 81506 ATTN:Marina Young PHONE:(970) 242-0113 FAX: E-MAIL: TO:Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 ATTN:David Pesnichak PHONE:(970) 945-8212 FAX: E-MAIL:dpensichak@garfield-county.com TO:National Commercial Services Title Only 950 S Cherry St #1414 Denver, CO 80246 ATTN:Title Only PHONE: FAX:(303) 633-7720 E-MAIL: 11/6/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. END OF TRANSMITTAL 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Fidelity National Title Insurance Company Title Report SCHEDULE A Commitment No:100-N0014230-010-TO2 1.Effective Date:September 29, 2017 at 7:00 A.M. 2.Policy or policies to be issued: Proposed Insured Policy Amount (a) Title Report $0.00 TITLE REPORT (b) None $0.00 $ 3.The estate or interest in the land described or referred to in this Commitment is: A Fee Simple 4.Title to the estate or interest in the land is at the Effective Date vested in: Rifle Commercial Park, LLC, a Colorado limited liability company 5.The land referred to in this Title Report is described as follows: See Attached Legal Description (for informational purposes only) 1936, 1940, 2001 and 2005 County Road 319, Rifle, CO 81650 PREMIUMS: Title Report 550.00 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Attached Legal Description Exhibit A A parcel of land situated in the S1/2 SE1/4 of Section 23, and the N1/2 NE1/4 of Section 26, Township 6 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado, said parcel being more particularly described as follows: Beginning at a point on the westerly line of said N1/2 NE1/4 of Section 26 whence the South 1/4 corner of said Section 23, also being the North 1/4 corner of said Section 26, and being a Garfield County surveyor brass cap bears N 01°07'22" W, 575.09 feet; Thence leaving said westerly line N 54°27'09" E, 1134.80 feet; Thence N 89°39'50" E, 241.11 feet, to a point on the Westerly right of way line of County Road 319 as described in Book 79 at Page 588 of the Garfield County Clerk and Recorder's office; Thence N 08°21'51" E, along said westerly right of way line 625.73 feet; Thence leaving said westerly right of way line N 89°25'34" E, 140.09 feet; Thence N 82°51'13" E, 74.18 feet; Thence S 85°37'07" E, 74.12 feet; Thence S 68°28'03" E, 47.60 feet; Thence S 54°29'35" E, 45.82 feet; Thence S 08°21'51" W, 890.01 feet; Thence S 89°39'50" W, 295.00 feet; Thence S 15°14'12" W, 77.65 feet; Thence N 89°39'50" E, 146.90 FEET; Thence S 25°24'26" W, 400.00 feet, to a point on the southerly line of said N1/2 NE1/4; Thence S 89°39'50" W, along said southerly line 748.04 feet, to the Southwest corner of said N1/2 NE1/4; Thence N 01°07'22" W, along the westerly line of said N1/2 NE1/4 745.09 feet to the Point of Beginning. Excepting from the above-described parcel, a 60 foot right of way being a portion of County Road 319 (Book 79 at Page 588). Bearings herein are based on a bearing of N 89°44'10" E between the one quarter corner common to Sections 23 and 26, and the Section corner common to Sections 23, 24, 25 and 26, Township 6 South, Range 93 West of the Sixth Principal Meridian. and also EXCLUDING the following described parcel of land as conveyed to Dalbo, Inc. in the Deed recorded April 11, 2012 at Reception No. 817199: A strip of land located within that parcel of land owned by Dalbo Inc. as described in Book 1475 Page 53 and as shown on Survey Deposit No. 600 along with those parcels of land owned by 319 Properties, LLC as described in Book 1770 Page 569 all being records of Garfield County, Colorado, located in the North one-half of the Northeast one-quarter (N1/2 NE1/4) of Section 26, Township 6 South, Range 93 West of the 6th Principal Meridian, Garfield County, Colorado, said strip of land being more particularly described as follows: Beginning at a point on the West line of the Northeast one-quarter of the Northeast one-quarter (NE 1/4 NE 1/4) of said Section 26, from which the North one-sixteenth (N1/16) corner common to said Section 26 and Section 25, Township 6 South, Range 93 West, 6th Principal Meridian, Garfield County Colorado, monumented with a 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 2-1/2 inch brass cap marked LS 15846 bears S 75°06'48" E, a distance 1372.18 feet, said point being the True Point of Beginning; Thence along said West line of the NE 1/4 NE 1/4, N 01°00'50" W, a distance of 661.77 feet; Thence N 89°39'50" E, a distance of 8.22 feet; Thence S 00°29'34" E, a distance of 661.73 feet; Thence S 89°39'50" W, a distance of 2.20 feet to the True Point of Beginning. 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. SCHEDULE B – Section 1 Requirements THIS IS A TITLE REPORT ONLY. This is not a commitment to insure. The information set forth herein is based on information supplied to Fidelity National Title Insurance Company by sources believed to be reliable and is provided for accommodation purposes only. Fidelity National Title Insurance Company assumes no liability hereunder unless a policy or policies of title insurance are issued by Fidelity National Title Insurance Company and fully paid for and the insured under said policy or policies and party to whom this report was issued have no knowledge of any defect in title not disclosed. Reliance on the information set forth herein is subject to the issuance of a mortgage and/or owner’s policy of title insurance by Fidelity National Title Insurance Company within six (6) months from the effective date hereof. If a title insurance policy is not issued insuring the property within such time, this title report shall be null and void as of its effective date and shall be deemed to have been furnished for informational purposes only. Note: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. SCHEDULE B – Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1.Any facts, rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4.Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Water rights, claims of title to water, whether or not these matters are shown by the Public Records. 6.Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance therof 7.All taxes and assessments, now or heretofore assessed, due or payable. 8.Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 9.Reservation of an undivided one half interest in all oil, gas and other mineral rights as evidenced by the instrument set forth below, and any and all assignments thereof or interests therein: Recording Date:September 24, 1973 Recording No.:Book 450 at Page 41 10.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Grass Mesa Ranch Purpose:ingress and egress over an undisclosed 60 foot road Recording Date:March 18, 1982 Recording No:Book 594 at Page 886 11.An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, from Robert T. Lazier to Snyder Oil Corporation as set forth therein, and any and all assignments thereof or interests therein. Recording Date:March 16, 1994 Recording No:Book 895 at Page 732 12.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southeast Piceance Pipeline Joint Venture Purpose:pipelines 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Recording Date:May 6, 2001 Recording No:Book 1259 at Page 66 13.Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Surface and Damage Agreement as set forth below: Recording Date:June 11, 2001 Recording No.:Book 1259 at Page 845 and recorded April 15, 2002 in Book 1345 at page 945 14.Reservation of all minerals and mineral rights as set forth in the Deed recorded August 5, 2003 in Book 1501 at Page 854, and any and all interests therein or assignments thereof. 15.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:EnCana Gathering Services (USA) Inc. Purpose:pipelines Recording Date:June 4, 2004 Recording No:Book 1594 at Page 7 16.Reservation of all oil, gas, mineral and mineral rights by Robert T. Lazier as set forth in the Deed recorded August 24, 2004 in Book 1616 at Page 363, and any and all interests therein or assignments thereof. 17.Terms, conditions, provisions, agreements and obligations contained in the Garfield County resolution No. 2004-109 concerned with the storage of oil and gas drilling equipment and storage or material handling of natural resources as set forth below: Recording Date:November 9, 2004 Recording No.:Book 1637 at Page 989 18.Terms, conditions, provisions, agreements and obligations contained in the Well Sharing Agreement as set forth below: Recording Date:February 9, 2005 Recording No.:Book 1661 at Page 586 19.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Public Service Company of Colorado Purpose:public utilities Recording Date:April 18, 2005 Recording No:Book 1679 at Page 464 20.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:EnCana Oil & Gas (USA) Inc. Purpose:pipelines Recording Date:June 1, 2005 Recording No:Book 1692 at Page 95 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 21.Subject to an access and utility easement as set forth in the deeds recorded June 20, 2005 in Book 1698 at Pages 560 and 562. 22.Conveyance of all of grantors rights in and to all oil, gas and other minerals, as conveyed to Robert T. Lazier in the Deed recorded July 3, 2007 in Book 1945 at Page 497, and any and all interests therein or assignments thereof. 23.Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the Declaration of Covenants, Conditions and Restrictions 319 Property Owners Association, Inc. Recording Date:December 23, 2001 Recording No:Reception No. 812403 Note: Assignment and Assumption of Declarant Rights recorded October 31, 2014 at Reception No. 855441. 24.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:319 Property Owners Association Purpose:ingress and egress Recording Date:December 23, 2011 Recording No:Reception No. 812407 25.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:319 Property Owners Association, a Colorado not-for-profit corporation Purpose:water delivery pipelines Recording Date:February 27, 2012 Recording No:Reception No. 815059 26.Terms, conditions, provisions, agreements and obligations contained in the Affidavit RE: Boundary Line Adjustment as set forth below: Recording Date:April 11, 2012 Recording No.:Reception No. 817200. 27.Terms, conditions, provisions, agreements and obligations contained in the Executive Summary as set forth below: Recording Date:August 24, 2012 Recording No.:Reception No. 823137 END OF EXCEPTIONS 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. COMMITMENT FOR TITLE INSURANCE Issued by Fidelity National Title Insurance Company Fidelity National Title Insurance Company, a California corporation (“Company”), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. The Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not fault of the Company. The Company will provided a sample of the policy form upon request. IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Authorized Signature 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. CONDITIONS 1.The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2.If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3.Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policies or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. . 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. DISCLOSURE STATEMENT Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 3-5-1 (Section 7), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. Colorado Division of Insurance Regulation 3-5-1, Paragraph G of Section 7, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that NCS Colorado, a division of Fidelity National Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. Colorado Division of Insurance Regulation 3-5-1, Paragraph L of Section 7, requires that prospective insured(s) of a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file a document that does not conform to requirements of this paragraph. Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information: The subject property may be located in a special taxing district. A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: that there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Privacy Notice Effective: January 6, 2015 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain personal information about you, like your contact information, address demographic information, social security number (SSN), driver’s license, passport, other government ID numbers and/or financial information. We may also receive browsing information from your Internet browser, computer and/or mobile device if you visit or use our websites or applications. How Information is Collected. We may collect personal information from you via applications, forms, and correspondence we receive from you and others related to our transactions with you. When you visit our websites from your computer or mobile device, we automatically collect and store certain information available to us through your Internet browser or computer equipment to optimize your website experience. Use of Collected Information. We request and use your personal information to provide products and services to you, to improve our products and services, and to communicate with you about these products and services. We may also share your contact information with our affiliates for marketing purposes. When Information Is Disclosed. We may disclose your information to our affiliates and/or nonaffiliated parties providing services for you or us, to law enforcement agencies or governmental authorities, as required by law, and to parties whose interest in title must be determined. Choices With Your Information. Your decision to submit information to us is entirely up to you. You can opt-out of certain disclosure or use of your information or choose to not provide any personal information to us. Information From Children. We do not knowingly collect information from children who are under the age of 13, and our website is not intended to attract children. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties’ websites. International Users. By providing us with your information, you consent to its transfer, processing and storage outside of your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us or by using our website, you are accepting and agreeing to the terms of this Privacy Notice. Access and Correction; Contact Us. If you desire to contact us regarding this notice or your information, please contact us at privacy@fnf.com or as directed at the end of this Privacy Notice. 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Privacy Notice Effective: January 6, 2015 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate- and loan-related services (collectively, “FNF”, “our” or “we”) respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the “Website”). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); social security number (SSN), driver’s license, passport, and other government ID numbers; financial account information; and other personal information needed from you to provide title insurance, real estate- and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; browser language and type; domain name system requests; browsing history, such as time spent at a domain, time and date of your visit and number of clicks; http headers, application client and server banners; and operating system and fingerprinting data. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: applications or other forms we receive from you or your authorized representative; the correspondence you and others send to us; information we receive through the Website; information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. Cookies. When you visit our Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. To improve our products and services. To communicate with you and to inform you about our, our affiliates’ and third parties’ products and services, jointly or independently. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section “Choices With Your Personal Information” to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to our affiliate financial service providers for their use to market their products or services to you; to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Privacy Notice Effective: January 6, 2015 to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: comply with a legal process or applicable laws; enforce this Privacy Notice; investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party’s own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: for our everyday business purposes – to process your transactions, maintain your account(s), to respond to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders, or report to credit bureaus; for our own marketing purposes; for joint marketing with financial companies; and for our affiliates’ everyday business purposes – information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances (“opt-out”): for our affiliates’ everyday business purposes – information about your creditworthiness; and for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize “do not track” requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website 11/06/2017 10:38 AM Commitment No.: 100-N0014230-010-TO2 Privacy Notice Effective: January 6, 2015 The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF’s headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act For some FNF websites, such as the Customer CareNet (“CCN”), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: first and last name; property address; user name and password; loan number; social security number - masked upon entry; email address; three security questions and answers; and IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled “Choices with Your Information” and “Access and Correction.” If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 {00659069.DOCX 1} Exhibit J Description: Garfield,CO Document - DocID 823137 Page: 1 of 3 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 823137 Page: 2 of 3 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 823137 Page: 3 of 3 Order: F0495926 Comment: {00659069.DOCX 1} Exhibit K Description: Garfield,CO Document - DocID 812403 Page: 1 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 2 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 3 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 4 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 5 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 6 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 7 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 8 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 9 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 10 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 11 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 12 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 13 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 14 of 15 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812403 Page: 15 of 15 Order: F0495926 Comment: {00659069.DOCX 1} Exhibit L {00659069.DOCX 1} Exhibit M OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Wayne W. Williams , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, is a formed or registered on under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number . This certificate reflects facts established or disclosed by documents delivered to this office on paper through that have been posted, and by documents delivered to this office electronically through @ . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on @ in accordance with applicable law. This certificate is assigned Confirmation Number . *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State’s Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State’s Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate’s confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:// www.sos.state.co.us/ click “Businesses, trademarks, trade names” and select “Frequently Asked Questions.” 319 Property Owners Association Limited Liability Company 20111323756 11/14/2017 11/16/2017 10:36:31 11/16/2017 10:36:31 10555792 06/02/2011 {00659069.DOCX 1} Exhibit N {00659069.DOCX 1} Exhibit O Water Allotment contrrct #:110721PO(b)Date:_~~/~/--,-1-I-/_/~7L--_ Name of Contract Holder:319 Property Owners Association,Inc. lli~~A~~~L~:~R~i=fte~C~o~m~m~e~r~d~a~l~p~a~~~~~_~_~~~~~~~_I 677 25-1/2 Road,Grand Junction,Colorado 81505 Contract #110721 PO(b) MapID#_6_3~7~~~~_ Date Activated _7.:...:1-=2:...:1.:.../1.:...1'--_ WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICA nON FOR ASSIGNMENT OF OWNERSHIP Telephone Number:9~0-201-3737 Email address:iJbt:J£)~k-r '(i)br~slf¥l/Ji "e I- Amount of Water Assigned in Acre Feet:2.9 L~~d~~~oo~1Mcclwhmew~~~1-0-~-t-~~:~~s~e~e~E=x~h.:...ib~i~t.:...A2,~a~tt=a=c.:...h~e~d _ Recording Information ~fMemorandum County Garfield Reception No._8_0_7_9_7_6 _ of Water Allotment Contract:Book --Page _-_-_ The undersigned contlct Holder and Assignee do hereby give notice to and make application to West Divide Water Conservancy District for the assignment of the above described Water Allotment Contract.By signing this instrument,Assignee does hereby agree to assume and be bound b~the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto.It is understood that Contract Holder is released from performance under said contract to the extent that such performance has been hereby assumed by Assignee.I 319 Property Owners Association,Inc. Contract Hold",By ffl'.:::"~mtlifmtLLc..-Contract Hold,,,-------------- Rifle Commercial Park STATE OF Colorado ) )ss. Mesa ) The fdlregOing instrument was acknowledged before me on this day of ,20~, by ~~_+--~~--~=-~~~~----~~--~----------------------------- Witnes\1s my hand and official seal.My commission_e_x_p_ir_es_:--:--:-:-_ Notary Public COUNTY OF APPROVED BY WEST DIVIDE WATER CONSERVANCY DISTRICT DatePresident , Printed portions of this form,except differentiated additions or deletions,have been approved and adopted by the West Divide Water Conservancy District. Form:WDWCD ASSIGNMENT Property Description The Sou~one-half of the Southeast one-quarter (S 1/2SB 1/4)ofSeclion 23,and the North one-halfiof the Nprtbeast one-quarter (N 1/2 NB 1/4)of Section 26,Township 6 South, Range 1West of re 6th ~a1 ~ConnW ofGa:rfiekL State of Colorado. Ex:ceptm~theJefxomthatporiionconveyedmtbeCountyofGarfieldforroadpurposesby W1Deedred in Book 19.Page588.as Ra:epfion No.39677. And sabject to a ~wide easement -fur road pwposes granted by the instnnnent recorded in Book 594 Page 886,as Recepti.on No..315120,. j I And ex~a ~.OO acre tractofland1ocatedin the North 1/2 of the NE 1/4 of Section 26, T6S,R93W,6th P..M..being moreparticularl.ydescrlbed as :follows: ~atihe~comeroftheNB1/4NE1/4ofSeclion 26,T6S,R93W,6th PM (Being l~Brass\Cap LS 15846)from whidt ibe East V4 canter of said Section bears SOOO5657i B 1316~(being a 1974 Coonty 5aryeyw Cap),thence 589'"40'29"Walong file South Jm.e of the ~1/2 NE 1140£saidSedion 189.3.65"to the East line of County Road #319;~~E along the said road1ine 4OOJlO';thence N89'"40'29"H parallel to the said South lineloftheNorth 1J2,NE 1/4395.88'to1he Westline of tbesaid NE 1/4 NE l/~l; thence.Np:taoo'lryv along thesaid WestJineoffueNBlMNE1f4.661..73';theru:e N~~ E para1le1 to the said South line of the North 1/2 NB 1/2132Z.2O'to the East line of the said NE/4 NIt 1/4;I:hedce ~Ii along the s:id F.ast line of the NE 114 NE 1/4 1022.03'to the~of~BasjsofbearlngsistheEastlineoftbeSEl/4ofsaidSection which is taken (rom a ~positioning satellite observation to bear NO<r4714"W a distance of 2634.01'(the SoutHeast comer of said Section.being a 1981 cap LS 1584.6).Contains 35.00 acres"mote or less. EXHIBlTA {00659069.DOCX 1} Exhibit P {00659069.DOCX 1} Exhibit Q HillWaEIMMR NM.IMMIMMJ#.h Hill Reception#:812404 12/23/201101:27:57PM JeanAlberica1of2ReoFee:$16.00Doo Fee:0.00GARFIELDCOUNTYCO QUIT CLAIM DEED THIS DEED ismade this&day of ,201 between SREI Mamm,LLC,a Colorado limitedliabilitycompany,Grantor,dnd 319 Property Owners Association,Inc.,a Colorado not-for-profitcorporation,with an addressofP.O.Box 220,Grand Junction,CO 81502,Grantee. WITNESSETH:That Grantor,in considerationof the sum of Ten Dollars and other good and valuableconsideration,thereceiptand sufficiencyof which ishereby acknowledged,hereby conveys, transfersand quitclaimsto the Grantee,itssuccessorsand assigns,allright,titleand interestin and to the followingrealpropertyin the County ofGarfield,StateofColorado: See Exhibit A togetherwith allitsappurtenances. TO HAVE AND TO HOLD the same,togetherwith alland singularthe appurtenancesand privileges thereuntobelonging,and allthe estate,right,title,interestand claimwhatsoever ofthe Grantor,inlaw or equity,to the benefitofGrantee and itssuccessorsand assigns. * Signed this day of ,2011. SREI Mamnt,LLC. By STATE OF 0 a -A Do ) )ss. COUNTY OF c avY ) This Qui Claim Deed was acknowledged beforeme this26 day of 2011,by as the A wA t;,of SRELMamm,LLC a Colorado limitedliabilitycompany. My commission expires:2 19 10 and seal CO HIIIM.malHWI'MM'WI@"M MIh ill|| Reception#:81240412/23/201101:27:57PM JeanAlberico2of2RecFee:$16.00Doo Fee:0.00GARFIELDCOUNTYCO Exhibit A A non-exclusiveeasement consistingof a twenty foot(20')radiusaround an existingWell, includingthe area withinthe radius,forpurposes of access,inspection,operation, maintenance,repair,replacement,utilizationand improvement of the Well,and which Well is locatedon the followingdescribedproperty: A parcelof land situatedinthe S1/2SE1/4 of Section23,and the N1/2NE1/4 of Section26, Township 6 South,Range 93 West of the SixthPrincipalMeridian,GarfieldCounty, Colorado,saidparcelbeing more particularlydescribedas follows: Beginning at a pointon the Westerly lineof said N1/2NE1/4of Section 26 whence the South 1/4comer of said Section23,also being the North 1/4cornerof said Section 26,and being a GarfieldCounty surveyorbrass cap bears N 0160722"W.575.09 feet;thence leavingsaid Westerly lineN 5402709"E,1134.80 feet;thence N 89o39'50"E,241.11 feet,to a Dointon the Westeriv rightof way lineof County Road 319 as describedin Book 79 at Page 588 of the GarfieldCounty Clerkand Recorder'soffice:Thence N 08021 '51"E,alona said Westerly rightof way line625.73 feet;thence leavingsaid Westeriv rightof way lineN 89025'34"E, 140.09 feet;Thence N 82051'13"E,74.18 feet;Thence S 85,37'OT'E,74.12 feet;Thence S 68028'O3"E,47.60 feet;Thence 6 54o29'35"E.45.82 feet;Thence 8 06.21'51"W,890,01 feet;Thence S 89039'50"W,295.00 feet;Thence S 15014'12"W.77.65 feet;Thence N89o39'50"E,146.90 feet;Thence S 00029'34"E,661.73 feet;Thence S 08039'50"W. 393.08 feetto a pointon the Easterivrightof way lineof said County Road 319;Thence S 25024'26"W.400.00 feet,to a pointon the Southerivlineof said N112NEll4:Thence S 89039'50"W,along said Southerlyline748.04 feet,to the Southwest cornerof said N1/2 NE1/4;Thence N 0100722"W,along the Westerly lineof said N1/2NE1/4745.09 feetto the Pointof Beginnina.Exceptingfrom the above-describedparcela 60 footrightof way being a portionof County Road 319 (Book 79 at Page 588). Bearings herein are based on a bearing of N 89044'10"E between the one quartercorner common to Sections23 and 26,and the Section cornercommon to Sections23,24,25 and 26,Township 6 South,Range 93 West of the SixthPrincipalMeridian. Hilli.EMMILE MidTMMEM.I+Ul*d ll III Reception#:812405 12/23/201101:27:57PM JeanAlberico 1 of 2 Reo Fee:516.00Doc Fee:0.00GARFIELDCOUNTYCO QUIT CLAIM DEED THIS DEED ismade thisA day of 4 ,20 between SREl lWamm,LLC,a Colorado limitedliabilitycompany,Grant&,and 319 Property Owners Association,a Colorado not-for-profitcorporation,with an addressofP.O.Box 220,Grand Junction,CO 81502,Grantee. WITNESSETH:That the Grantor,in considerationof the sum of Ten Dollarsand other good and valuableconsideration,the receiptand sufficiencyofwhich ishereby acknowledged, hereby conveys,transfersand quitclaimsto the Grantee,itssuccessorsand assigns,allright,title and interestin and to the followingrealpropertyinthe County of Garfield,Stateof Colorado See Exhibit A togetherwith allitsappurtenances. TO HAVE AND TO HOLD the same,togetherwith alland singularthe appurtenancesand privilegesthereuntobelonging,and allthe estate,right,title,interestand claim whatsoever of the Grantor,in law or equity,to the benefitofGrantee and itssuccessorsand assigns. Signed this day of September,2011. SRE1 Mamm,LLC By STATE OF ) )ss. COUNTY OF onT ) This Quit Claim Deed was acknowledged beforeme this day of 2011,by MAP.e l-as the sA 6 CA of SREI Mamm,LLC,a Colorado limitedliability company.*(L My commission expires:2 0 /z o 4 HIIIIhmMRRMWWIRMMM Mill Reception#:812405 12/23/201101:27-57PM JeanAlberico 2 of 2 Rec Fee.$16.00Doo Fee.0.00GARFIELDCOUNTYCO Exhibit A Easements of ingressand egressalong existingroads,and from such existingroads along a routewith the leastimpact to the Grantor'sparcel,and such use of the easements as are reasonablyrequiredfor Grantee'spurposes.The easement are locatedon the following describedproperty: A parcelof land situatedinthe 31/2 SEl/4 of Section23,and the NW1/4NE1/4 ofSection 26, Township 6 South Range 93 West of the SixthPrincipalMeridian,GarfieldCounty,Colorado, saidparcelbeing more particularlydescribedas follows: Beginning atthe northwest corner of said$1/2 SEl/4 Section23,alsobeing the centersouth 1/16 corrierof saidSection23;thenceNorth 89.48'41"East along the north lineof said51/2 SE1/4 1410.51 feetto a pointon the easterlyrightof way lineof County road 319 as describedin Book79 at Page 588.ofthe GarfieldCounty Clerk and Recorders office:thence leavingsaid northerlylineand along saideasterlyrightof way lineSouth 07"33'40''West 77.09 feet;thence leavingsaideasterlyrightof way lineNorth 89"48'41"East 18L65 feet;South 53"39'22"East 287.93 feet;thence South 22"49'38"East 529 64 feet;thence South 50"34'21"West 209.20 feet; thence South 07.21'30"West 3L71 feet;thence South 64"O2'14"West 50.14 feet;thence North 76.13'47"West 36.49 feet;thence North 34'56'44"West 40.69 feet;thence North 25105'O3" West 207.50 feet;thence North 41101'30"West 42.66 feet;thence North 54o29'33"West 45.82 feet,.thenceNorth 68"28'O3"West 47.60 feet;thenceNorth 85"3707"West 74.12 feet;thence South 82"51 '13"West 74.18 feet;thence South 89"25'34''West 140.09 feet,to a pointon the westerlyrightof way lineof saidCounty Road 319;thence South 08"21'51"West along said westerlyrightof way line625.73 feet;thence leavingsaidwesterlyrightof way lineSouth 89"39'50"West 241.11 feet;thence South 54"27'O9"West 1134.80 feet,to a pointon the westerlylineof saidNW1/4 NE1/4 Section26,thence North 01'07'22"West along saidwesterly line575.09 feet,to a GarfieldCounty survey or brass cap,being the one quartercorner common to saidSections23 and 26;thence North 00'05'00"East along the westerlylineof saidSSI/2 SE1/4 Section23,1320.22 feetto the POINT OF BEGINNING. EXCEPTING from the above describedparcel,a 60 foot rightof way being a portionof County Road 319 (Book 79 at Page 588). HIIIE.IQMN1WWilfMMIMMI##H Alli Reception#:812406 12/23/201101:27:57PM JeanAlberico 1 of 2 Rec Fee:$16.00Doc Fee:0.00GARFIELDCOUNTYCO QUIT CLAIM DEED THIS DEED is made this day of ,20{,between SREI Mamm,LLC,a Colorado limitedliabilitycompany,Grantor,ad 319 Property Owners Association,Inc.,a Colorado not-for-profitcorporation,with an addressof P.O.Box 220,Grand Junction,CO 81502,Grantee. WITNESSETH:That Grantor,in considerationof the sum of Ten Dollars and other good and valuableconsideration,the receiptand sufficiencyofwhich ishereby acknowledged,hereby conveys, transfersand quitclaimsto theGrantee,itssuccessorsand assigns,allright,titleand interestinand to the followingrealpropertyin the County of Garfield,Stateof Colorado: See Exhibit B togetherwith allitsappurtenances. TO HAVE AND TO HOLD the same,togetherwith alland singularthe appurtenancesand privileges thereuntobelonging,and alltheestate,right,title,interestand claimwhatsoever of the Grantor,inlaw or equity,to the benefitofGrantee and itssuccessorsand assigns. Signed this 8 day of ,2011. SREI Mamm,LLC. By , STATE OF oto RAA ) )ss. COUNTY OF an-) This Quit Claim Deed was acknowledged beforeme this day of .,2011,by RK-*as the A Ar,of SREI Manun,LLC a Colorado limitedliabilitycompany Mycommissionexpires:/?o ZolS WITNESS my hand and sea. Notary Pu HIll10'&EWMLHM2@'#MIM lb 5 Ill Reception#:812496 12/23/201101:27:57PM JeanAlberico 2 of 2 Rec Fee:$16.00Dec Fee:0.00GARFIELDCOUNTYCO Exhibit B A non-exclusiveeasement consistingof a fortyfoot(40'jradiusover and under the Storage Tanks constructedon the SREl Parcelforpurposes of storageand utilizationofwater forfire protectionand forthe construction,installation,access,inspection,operation,maintenance, repair,replacement,utilizationand improvement ofthe Storage Tanks,and which Storage Tanks are locatedon the followingdescribedproperty: A parcelof land situatedin the S1/2SEU4 of Section23,and the N1/2NE1/4 of Section26, Township 6 South,Range 93 West of the SixthPrincipalMeridian,GarfieldCounty, Colorado,said parcelbeing more particularlydescribedas follows: Beninning at a pointon the Westeriv lineof said N1/2NE1/4 of Section26 whence the South 1/4cornerof said Section23,also being the North 1/4corner of said Section26,and being a GarfieldCounty surveyorbrass cap bears N 0100722"W.575.09 feet:thence leavinasaid Westerly lineN 54o27'O9"E.1134.80 feet;thence N 89.39'50"E,241.11 feet,to a pointon the Westeriv rightof way lineof County Road 319 as describedin Book 79 at Page 588 of the GarfieldCounty Clerkand Recorder'soffice;Thence N 08021 '51"E,along said Westerly rightofway line625.73 feet;thence leavingsaid Westerly rightof way lineN 89o25'34"E, 140.09 feet;Thence N 82,51'i3"E,74.18 feet;Thence S 85,37'OT E,74.12 feet;Thence S 68028'03"E,47.60 feet:Thence S 54029'35"E.45.82 feet;Thence S 08o21'51"W,890.01 feet;Thence S 89'39'50"W,295.00 feet:Thence S 15.14'12"W.77.65 feet;Thence N89039'50"E,146.90 feet;Thence S 00029'34"E.661.73 feet;Thence S 08039'50"W. 393.08 feetto a pointon the Easterlyrightof way lineof said County Road 319;Thence S 25024'26"W,400.00 feet,to a pointon the Southerlylineof said N1/2NE1/4;Thence S 89039'50"W,along said Southerivline748.04 feet,to the Southwest cornerof said N1/2 NE1/4;Thence N 01,07'22"W,along the Westeriv lineof said N1/2NEll4745 09 feetto the Pointof Beginnina.Exceptingfrom the above-describedparcela 60 footrightofway being a portionof County Road 319 (Book 79 at Page 588). Bearings herein are based on a bearing of N 89044'10"E between the one quartercorner common to Sections23 and 26,and the Sectioncorner common to Sections23,24,25 and 26,Township 6 South,Range 93 West of the SixthPrincipalMeridian. Description: Garfield,CO Document - DocID 812407 Page: 1 of 2 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 812407 Page: 2 of 2 Order: F0495926 Comment: Hillif's,P.iM,1W IMMI,MEWl*M'Nh @-1,10 Will Reception#:814323 02/08/201201:12:39PM JeanAlberica 1 of 3 Rec Fee:S21.00Doc Fee:0.00GARFIELDCOUNTYCO QUIT CLAIM DEED THIS DEED ismade this day of d'' ,20 between SREI Mamm,LLC.,a Colorado limitedliabilitycompany,Grantor,and 319 P operty Owners Association,a Coloradonot- for-profitcorporation,with an addressofP.O.Box 220,Grand Junction,CO 81502,Grantee. WITNESSETH:That Grantor,in considerationof the sum of Ten Dollarsand other good and valuableconsideration,thereceiptand sufficiencyofwhich areherebyacknowledged,herebyconveys, transfersand quitclaimsto Grantee,itssuccessorsand assigns,allright,titleand interestinand to the followingrealpropertydescribedas an Access &UtilityEasement locatedinthe County ofGarfield, Stateof Colorado: See Attached Exhibit A togetherwith allitsappurtenances. TO HAVE AND TO HOLD the same,togetherwith alland singularthe appurtenancesand privileges thereuntobelonging,and alltheestate,right,title,interestand claimwhatsoever of theGrantor,inlaw or equity,to thebenefitofGrantee and itssuccessorsand assigns. Signed this 6 day of ,20 ft- SREI Mamm,LLC. By STATE OF COLORADO ) )ss. COUNTY OF ROUTT ) This Quit Claim Deed was acknowledged beforeme this ay of an an a ,20& by CP 69-c ,4,as the 1 of SREI mm,LLC,fColorado limitedliabilitycompany. My commission expires:0 * 7 -4 0 / WITNESS m hand and seal. OTAR otaryPublic HillFJAN,NWilW WWWIM,ldM4 11111 Reception#:814323 02IOS/201201.12:30PM JeanAlberico 2 of 3 Reo Fee:$2000Doc Fee:0.00GARFIELDCOUNTYCO I EXHIBIT A CCE'SS de UTILITY FASEMENT GARFIELD COUNTY COLORADO 20'Wide Access and U/flilyEasement A Siripof land locatedwithinthoseporce/sof land as describedin Book 1528 Page 84,Book 1698 Page 550,Book 1770 Page 567 and RecepHon No.730604 oilbeing recordsof GorfieldCounge, Colorado.Sold perce/sbeing currentlyowned by SRFI MAMM,LLC and referredto hereinas the "SRF/Properly"Said SRE/Properlybeing locatedin the southwestone-quorlerof the southeast one-quarter(SWI/4SF//4)of Seallon23 and the northwestone-quarterof the northeast one-quarter(HWf/4NFI/4)of Sadian 26,Township6 South,Range 93 West,6th PrincipalMeridian, Gar/IeldCounty,Colorado,said stripof land being twenty(20)feel wide,ten (10)feeton each side of the followingdescr/bedconferffne: Beginningof a point on the southeasterlyboundary of sold SRE/Properlyfrom which the one-quarlor(1/4)corner common to add Sections23 and 26,being monumented with a 3 in. Garfle/dCounty B.C.,bears NB4'47'177V a distanceof 726.58 feet,sold point also being of 1he intersecHonof said southeasterfyboundary and the centerlineof /ho presodly froveledway /ooding to the FireSuppressfonWofer Tonks of subjectand the True Pointof Beginning;thence along said centerlinethroughsold SRF/Properlythe followingseven (7)courses:beginningof a point of non-langentourve,said point having a radio/bearingof 38735'19"W:(1)thence ofong said non-langentcurve being concave to the southwesthaving a rodlas of 3J.507 feeland a de/M of -89"50'/4"52.537 feetof are distanceto o pointof fangentline;(2)thence along said longentline SBJ'45'OS"W o distanceof 78.82 fee/;(3)thence 369'5D'J5'W o distanceof 76.72 feel;(4)thence R79"43'lJ7V o dis/onceof 99.77 feelto pointof longentcurve;(5)thence along said longed ouWe being concave to the sodhoost having a radiusof 70.207 feeland a de/faof 75'J2'If 92.554,feetof are distanceto a point of longed line;(6)thence along said tangentline 324'44'46"W o distanceof 108.88 feet;(7)thenceS39'25'S3"W o distanceof 36.16 feelto o point to be knoWn as "Pold A",said pointbeing the Termindfon PointNo.1 of the 20 fool wide Access and U///ilyEasement described; Sold sk@ of food con/oining0.2304 acres more or less and being subjectto alleasements encurrrbrancesexis/Ingor of record. Returningto sold "Poin/A"and continuingthroughsaid SR[/Properlythe followingfive(5)courses descr/bingthe u///ifyeasement requiredfor said ITreSuppussion Tanks;(1)/henceSJO"O2'l3"E a d/slanceof 48.27 feel;(2)thence SO774'OJ"E &distanceof I14,12 feetto said soulheasterly boundary of sold SRE/proper&,said boundary bo/ng common with the nor/hweslerlyboundary of those propedles describedin Book 7770 Page 569 recordsof Garfieldcounty,Colorddo;(3)thence along said common boundary 554'27'O9"Wo distanceof 41,0;feet;(4)thence Moving said common Houndary N4075'477V o disfonceof 161.56 fed;(5)thence H49"49'45"Eo distanceor 174.92 feek (6)thence S30"O2'13"Eo disfonceof 21.$5 feetto said "PointA"said point being the Termina#onPointNo.2 of the Access and 1////ityCasement described; Said ulfillyeasement containingOJ2BJ ocres more or lessand being subjectto oI easements oncumbrances existingor of record. Stephen L.Ehlery,L.S.20133 Schmueser Gordon Meyer 178 w.SixthStreet,Saile200 Glenwood Springs,CO atSO/ Stephen L.Ehlers,L.S.20/33 Date [Job#2010-376.004 1 EXHIBIT orawner we Date:06102/11 [Revlsion:File: SCHMUESER I GORDON |MEYER 47'"'"F"aseleao. 0701641-5355FAXtQ703641-5358 ENGINEERS &St..1RVEYORS '"*-**-.. , f , 77"W 226 SS CNE LONE OF PRESEN71Y FOUND R8AR & CAP / - - -- 1. LS #2695g a 0 q / / -- -- 78 82' R 70. 207' '-. --*--76.77 .... --- "" ~ 1 to FOUND 7 BRASS CAP / / L=92.554' a 1/4 FECTIONS 23 & 26 fro A =7 32'O1" CENTERLrNE OF 20 Fr WIDE R=JJ.507 , -ne T.6S., R,93M AccCSS & UT/L/TY EASEMENT =52.537 crun-Ruer or 20 Fr nor / A-erso't4" POB Access a urturr asafer /,oy 20' W/DE ACCESS sayss*tt , / UT/LITY FASEMENT (moi^O , a / (0.2504 ACRES) a - O LANT OF APPARENT 0 O/ST/./RBED AREA SERI .MAN&, IZC MAMM CRERK COMMONS PARCKL "PO/NT A / / / careause or PReseart.v HOOK 138 PAGE 64 s o-ortre FRAwzzo wAY BOOK 1690 PAGH 550 21.35 / BOOK .1770 PAGE 567 / samerest REC. NO, 730804 A M 16' /f a as LIMir or APPARENT 8 oiswnero AerA 5 319 PROPERTDfS PARCEL 0 T/UTY EASEM BOOK 1770 PAGE 569 o / (0.3283 AcRes) \ # 37.072 ACRES& ccuresuse or PResearly reaverro war (s) 1 \ \ BASIS OF BFARING STATEMENT Fire suppression \ 1 An. acARINcs amus Retraracro ro A oramus or usrzrove rows Atom water ranks 4\ \ me cowan sounoARY As sHowN HEReoN arrwrru sect MAMM, ac Awo as PROPERnts, ac. sAm souwoARY arise womurwrre ro rus NoRTHEAsr at A is ResAR AND cAP MARKeo ts isase Awo ro THE sourawesr or A ps PrBAR. Nor ro seate 56 ---.... (FOR CLAliflY) FOUNO f5 REBAR z Job# 2010-376.004 ite W. em aramer,Csun-a zoo 1 EXHIBIT orawnw. we SCHMUESER GORDON MEYER 2,4pty B'Sil;&TeW\iiM-%.s WATER LINE& WATER TANK EASEMENT Date: 06/02?11 ENGINEERS I 5 URVE YORS AsPEN, Commoo 1970) 925-6727 course surve, co (970) sanesse Revision: File- Description: Garfield,CO Document - DocID 815059 Page: 1 of 2 Order: F0495926 Comment: Description: Garfield,CO Document - DocID 815059 Page: 2 of 2 Order: F0495926 Comment: RECEPTION#:2601143,BK 5262PG92602/21/2012at03:54:33PM, Receptlon#:815089 1 OF 2,R $15.00S $1,00D $0.00 02/27220 0 36 MDoJe a b 1 RFIEL.DCOUNTYCO SheilaReiner,Mesa County,CO 1 0 CLERK AND RECORDER QUIT CLAIM DEED THIS DEED ismade this day of ,20(between SREI Mamm, LLC,a Colorado limitedliabilitycompany,Grantof,and 319 Property Owners Association,a Colorado not-for-profitcorporation,with an addressof P.O.Box 220,Grand Junction,CO 81502,Grantee WITNESSETH:That the Grantor,in considerationof the sum of Ten Dollarsand other good and valuableconsideration,the receiptand suHiciencyof which ishereby acknowledged, hereby conveys,transfersand quitclaimsto the Grantee,itssuccessorsand assigns,allright,title and interestin and to the followingrealpropertyinthe County of Garfield,Stateof Colorado: See Exhibit A togetherwith allitsappurtenances. TO HAVE AND TO HOLD the same,togetherwith alland singularthe appurtenancesand privilegesthereuntobelonging,and allthe estate,right,title,interestand claimwhatsoever of the Grantor,in law or equity,to the benefitofGrantee and itssuccessorsand assigns. Signed thisA day of September,2011. SREI Mamm,LLC By a - STATE OF oLo RAbe ) )ss COUNTY OF -rr ) This Quit ClairnDeed was acknowledged befbreme this28 day of CO- 2011,by gp as the A,JAs of SREI Mamm,LLC,a Colorado limitedliability company of My comm ss 2 19 a 10 d and seal. /Notary Public HIllIF'JAMMU M'M'.14CWidEM.WM HIlli Reception#:815060 02/27/201204:08:36PM JeanAlberico 2 of 2 Reo Fee:$16.00Doc Fee:0.00GARFIELDCOUNTYCO Exhibit A Easements measuring ten feet(10')on eithersideof the centerlineof allburiedwater delivery pipelinesand pipelineappurtenancesas locatedand inplace,and as constructedin the future, and which arenecessaryfor water serviceto the Associationand those parcelsof land subjectto the Covenants of the Associationrecorded inthe officesof the GarfieldCounty Clerk at Reception #/21{03 ,and which easements are forthe purpose of construction, installation,access,inspection,operation,maintenance,repair,replacement,relocationand improvement of the water deliverylinefrom the Well and/or Storage Tanks,and with such easements locatedon the followingdescribedproperty. A parcelof land situatedin the SI/2 SE1/4 of Section23,and the NW1/4NEl/4 of Section26, Township 6 South Range 93 West of the SixthPrincipalMeridian,GarfieldCounty,Colorado, saidparcelbeing more particularlydescribedas follows: Beginning at the northwestcornerof saidSl/2 SE1/4 Section23,alsobeing the centersouth 1/16 cornerof saidSection23;thenceNorth 89"48'41"East along the north lineof said51/2 SE1/4 1410.51 feetto a pointon the easterlyrightof way lineof County road 319 as describedin Book 79 atPage 588 of the GarfieldCounty Clerk and Recorders office:thence leavingsaid northerlylineand along saideasterlyrightof way lineSouth 07.33'40"West 77.09 feet;thence leavingsaideasterlyrightof way lineNorth 89.48'41"East 181.65 feet;South 53'39'22"East 287.93 feet;thence South 22'49'38"East 529.64 feet;thence South 50"34'21"West 209.20 feet; thence South 07"21'30"West 31.71 feet;thence South 64"O2'I4"West 50.14 feet;thence North 76'13'47"West 36.49 feet;thenceNorth 34"56'44"West 40.69 feet;thence North 25,05'O3" West 207 50 feet;thence North 41.01'30"West 42.66 feet;thence North 54.29'35"West 45.82 feet;thence North 68"28'O3"West 47 60 feet;thence North 85.37'07"West 74.12 feet;thence South 82,51 'T3"West 74.18 feet;thence South 89"25'34"West 140.09 feet,to a pointon the westerlyrightof way lineof saidCounty Road 319;thence South 08'21'51"West along said westerlyrightof way line625.73 feet;thence leavingsaidwesterlyrightof way lineSouth 89'39'50"West 241.11 feet;thence South 54"27'O9"West 1134 80 feet,to a pointon the westerlylineof saidNW1/4 NE1/4 Section26,thenceNorth 01.07'22"West along saidwesterly line575.09 feet,to a GarfieldCounty survey or brasscap,being the one quartercorner common to said.Sections23 and 26;thence North 00'05'00"East along the westerlylineofsaid SS1/2 SE1/4 Section23,1320.22 feetto the POINT OF BEGINNING. EXCEPTING from the above describedparcel,a 60 footrightof way being a portionof County Road 319 (Book 79 at Page 588). {00659069.DOCX 1} Exhibit R Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer November 17, 2017 WALID BOU-MATAR MAMM CREEK COMMONS - PWSID CO0223500 677 25 1/2 RD GRAND JUNCTION CO 81505 Requirements for Transient, Non-Community, Ground Water Public Water System (PWS) Dear WALID BOU-MATAR: The Colorado Department of Public Health and Environment (“Department”) has received information indicating MAMM CREEK COMMONS (“Supplier”) is now open and serving water to the public. The Supplier has been reclassified from Non-Public to a Transient, Non- Community, Ground Water Supplier serving 29 people pursuant to the Colorado Primary Drinking Water Regulations, Regulation No. 11, 5 CCR 1002-11 (“Regulation 11”), Section 11.3(60,83), respectively. Based on the information received from the Supplier: • The Supplier’s water system facility classification pursuant to the Water and Wastewater Facility Operators Certification Requirements, Regulation 100, 5 CCR 1003- 2 (“Regulation 100”) is “D” for treatment and “1” for distribution. • Water supplied to the public must be continuously disinfected at all times using a chemical treatment method, Regulation 11, Section 11.11(2). • The Supplier must obtain Department design approval prior to beginning construction or installation of any new waterworks, making improvements to or modifying existing waterworks or begin using a new source, Regulation 11, Section 11.4(1). The following table provides information regarding the regulatory requirements pertaining to the Supplier’s drinking water system . Requirement Deadline/Timing 1 Update and submit the Monitoring Plan Template sections required for the Supplier. This includes the Contact Form. The Administrative Contact (AC), Owner Contact, and Operator Contacts are required. All correspondence from the Department will be sent to the Administrative Contact with a copy each to the Owner Contact and Operator Contact(s). As soon as possible, but no later than January 16, 2018. Monitoring plan templates can be accessed at colorado.gov/cdphe/monitoringplans MAMM CREEK COMMONS - CO0223500 November 17, 2017 Requirements Page 2 2 Perform compliance sampling in accordance with the posted Monitoring Schedule, have the samples analyzed in accordance with Regulation 11, Section 11.46(1). The Supplier is required to: • Collect one (1) total coliform sample every quarter, Regulation 11, Section 11.16(6). Maintain a residual disinfectant concentration that is greater than or equal to (≥) 0.2 mg/L, Regulation 11, Section 11.8(3)(b)(i)(B)(III). The Supplier must monitor the residual disinfectant residual concentration at the same time and at the same sampling locations that the total coliform samples are collected, Regulation 11, Section 11.8(3)(c)(i)(B). • Perform nitrate and nitrite compliance sampling at each entry point to the distribution system in accordance with the posted Monitoring Schedule. Please check the schedule immediately and perform sampling per the schedule. All schedules are effective as of the date of this letter. Monitoring schedules are updated on a weekly basis. The deadlines pertaining to these sampling requirements are found in the Supplier’s Monitoring schedule, which is found on the Department’s website at wqcdcompliance.com/schedules. Resources and Other Information: • Please visit wqcdcompliance.com to access Drinking Water Templates, Forms and Schedules that are referenced in this letter and to access available guidance documents. • Information regarding the design submittal and review processes is found on the Department’s website at colorado.gov/cdphe/design. Please direct any associated questions to the Engineering Section at 303.692.6298. • A laboratory certified by the Department must analyze all drinking water samples. A list of certified laboratories is available on the Department’s website at colorado.gov/cdphe/laboratory-certification-programor by contacting the Laboratory Services Division at 303.692.3048. • Supplier-specific operator certification requirements are available at wqcdcompliance.com/schedules. • Submittal of Design Information: Submit one hard copy and one electronic copy of submittals to: CDPHE-WQCD ES B2 4300 Cherry Creek Drive South Denver, CO 80246 CDPHE.WQEngReview@state.co.us • Submittal of all other items, excluding design submittals, must be made using one of the following methods: (1) Electronically – via the Drinking Water Portal  Files submitted electronically must be in PDF format.  Files are submitted using the Department’s Drinking Water Portal Drinking Water Portal MAMM CREEK COMMONS - CO0223500 November 17, 2017 Requirements Page 3  The Portal is an easy-to-use, online way for water systems and laboratories to submit drinking water compliance data, reports and other information.  First-time users must create an account. The Portal is located at wqcdcompliance.com/login.  For more information about the Portal, visit our web page at colorado.gov/pacific/sites/default/files/DW_Portal_Handout_July2015.pdf (2) By Mail Colorado Department of Public Health and Environment Water Quality Control Department / WQCD-B2-CAS Drinking Water Compliance Assurance Section Attention: Leticia Bisgard 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 (3) By Fax Fax: (303) 758-1398 Please include a cover sheet addressed to the attention of Leticia Bisgard. If there are any questions regarding the contents of this letter and/or requirements for the Supplier, please contact Kristen Dell by phone at 303.692.3538 or by email at kristen.dell@state.co.us. ec: WALID BOU-MATAR - AC THOMAS A ZANCANELLA - OPERATOR 319 PROPERTY OWNERS ASSOC INC - OWNER YVONNE LONG - PUBLIC HEALTH DIRECTOR - GARFIELD COUNTY PUBLIC HEALTH AGENCY MORGAN HILL - ENVIRONMENTAL PROTECTION SPECIALIST SAFE DRINKING WATER - GARFIELD COUNTY PUBLIC HEALTH AGENCY File: CO0223500, GARFIELD COUNTY, TRANSIENT, NON-COMMUNITY - GROUNDWATER {00659069.DOCX 1} Exhibit S CRONK CONSTRUGTION INCORPORATED 112f|.24. Road Grand Junctlon, CO 8t5O5 970-245.0577, 970.257.7453 (faxf Date: Prepared by: Type of Design: Owner: Property address: Ta"x schedule No.: INDIVIDUAL SEWAGE DISPOSAL SYSTEM DESIGN January 16,2006 Thomas A. Cronk, P.E. Cronk Construction Inc. II29 -24- Road Grand Junction, CO 81505 245-0577 Commercial Jimmy Sills c/o Mamm Creek Commons, LLC 45705 Highway 6&24 Glenwood Springs, CO 81601 970-947-95t1 2001 CountyRoad 319, Rifle, CO 81650 Page I of9 1.0 Site Historv The site consists of approximately 2.44 acres of uncultivated native soil. Drainage is approx imately lyo to the east. A percolation test/soils evaluation was conducted on the property of reference on 0l/13/06 by Tom A. Cronk, registered professional engineer (R.p.E.). The perc test was intended to provide subsurface design parameters for design of an individual sewage disposal system (ISDS) for commercial use. As based on results from this subsurface investigation, the following ISDS design has been prepared. Results from the 0l/13/06 perc tesVsoils evaluation are attached for reference as Appendix A. The locations of the perc tesVsoils observation excavations are shown on the attached plot plan. 2.0 Development of Design Parameters A perc excavation french (south french) was extended to a depth of 120" below ground surface (BGS). There was no evidence of ground water or high seasonal water table in the open excavation to a depth of 120" BGS. The soils evaluation indicates three distinct soil horizons underlie the site. A lithological' description follows: depth (in.) description 0u - 44" sandy clay/sandy silt, light brown to tan; blocky; friable 44" - 62' pitnrn (l0mm-l00mm), light gray 62" - 120" clayey sand with intermittent sand lenses (10"-16" thick), light brown to tan As based on the perc test results (Appendix A), a weighted designp erc rate of 40 min/in. is chosen for overall system sizing for subsurface discharge below a depth of36". Page 2 of 9 3.0 System Desien A INFILTMI"OR absorption hench is proposed for discharge of septic effluent at the site. Constructionof the system will consist of excavating level trenches in the area comprising the absorption field. Theinitial excavation shall be continued to a minimum depth of 36" lsee aLsorpiion field cross-section). Following completion of the initial push-out, INFILTMT2RSwiII be used to construct a septic effluentdistribution system in the open excavations. The INFILTMTOReffluent distribution system will beinstalled in accordance with the "Infilhator Technical Manual", available from krfiltrator Systems Inc.,123 Elm Street, Suite 12, old saybrook, connecticut06475. Adjacent INFILTMT7RS shall be fastenedwith a minimum of four (4) 3/4 x #8 self+apping sheet metal or bright brass deck screws ro preventmovement and separation during backfilling. As shown in the Construction Detail, the bottom of theINFILTMTOR seepage trenches will be located a minimum of 36" below ground level. After the INFILTRATORS are installed, the absorption field will be covered with a soil cap. The soil capwill consist of approximately 24" (10" minimum required) of native soil mounde d 5%o topromote surfacerun off away from the absorption field. The installer should confirm the feasibility of gravity discharge of sewage effluent from the structure tothe absorption field by field verification of assumed design parameters. Assumed design parameters withrespect to gravity discharge include: r distance from exit of sewage pipe at foundation line to absorption field - 60'or less, o elevation of ground surface at entry to absorption field must be no more than 12', above the invert elevation of sewage pipe at exit from foundation line. If field measurements do not confirm these design assumptions, gravity discharge of septic effluent fromthe proposed structure can not be assured and a lift station may be required. Please contact the designengineer to address any design modifications necessary if these design assumptions are not upheld. The installer must also confirm the setbacks from property lines, building envelopes, and existingeasements shown in the attached graphics are maintained. Vehicle trafnc and paiking is to be priventedover the absorption and repair area. Provide a structural septic tank, manholes, and i'ini,nu,, schedule40 PVC with minimum 12" of cover under all vehicle traffic areas. Additionally, any unknown utilitylines, easements, or other adverse conditions disclosed during construction must maintain the requiredsetbacks listed on page 6 of this document. Sewage loading for the ISDS will include lavatory, water closet, and shower service for 34 employeesand customers associated with a 1,840 sq. ft. office area and 7,440 sq.ft. shop. The ISDS loadsizing isbased on the maximum number of occupants for the structure as determined from the IBC building code.Average daily sewage loadings are calculated as follows: Sewase Source Desien Loadine Averaee Daily Sewaee Flowshop occupants @ 500 sq.ft./occupant 15 employees@Z}gaVemployer-g hr. tttift ...... 300 g;Vd^yofficeoccupants@ 100sq.ft./occupant lgemployeesg rsgatlemptoyee-Shr.shift . .....2g5 eal/day Total Average Daily Sewage Flow Page 3 of9 . .. 585 gaVday A 1,250 gallon septic tank is required for retention of septic effluent for the proposed sewage loading. A non-conodible Orenco filter (model # FTW0444-36A) shall be installed at the final outlet Tee of the septic tank or in the effluent line between the septic tank and the absorption field to limit the size of solids and sludge passing into the absorption fields. The filter must be accessible for cleaning and replacement from the ground surface. A distribution box is required to provide equal distribution of septic effluent from the septic tank to the absorption field. The distribution box must be placed on stable native soil or compacted structural fill toprevent settling and assure equal distribution ofseptic effluent. As discussed above, INFILTMTOR absorption trenches are proposed to discharge septic effluent to the underlying sub-soils. As shown in the attached graphics, the absorption henches will consist of three (3) trenches 3'wide x 3'min. deep x 75'long with twelve (12) standard INFILTMTOR units each for a total of thirty six (36) H'I}INFILTMTORS. The absorption field will encompass a gross area of 675 square feet with an effective area (3 I sq. ft. allowed aTeaIINFILTMTOR) of l, I 16 sq. ft. Alternatively, thi absorption fienches will consist of three (3) henches 3'wide x 3'min. deep x 76' long with nineteen (19) QUICK4 INFILTMTOR units each for a total of fifty seven (57) QUICK4 INFILTMTORS. The absorption field will encompass a gross area of 684 square feet with an effective area (19.74 sq. ft. allowed arca/INFILTMTOR) of 1,125 sq. calculations and design parameters used to size the absorption field follow. Page 4 of9 DESIGN CALCULATIONS DESIGN SEWAGE LOADING OF 585 GAL.IDAY AVEMGE FLOW PEAK FLOW = l50yo OF AVEMGE = 877.50 GAL.IDAY DESIGN PERCOL/ITION MTE = 40.0 MIN.IINCH A = g,fi, nHERE, J A = ABSOWTION FIELD AREA Q = PEAK FLOW t = PERC TIMEIINCH A - 877-'s0rfio:o = l10e.96 seuARE FEET5 SIZE ADJUSTMENT FACTOR OF 0.5 FOR INFILTMTOR TRENCH SYSTEM ADJUSTED AREA = 1109.96 X 0.5 = 554.98 S?UARE FEET usE 36 STANDARD (r/-10) INFTLTMTORS @ 1s.50 sQ. Fr. EACH FOR TOTAL ABSORPTIVE AREA OF 36 X 15.50 = 558 Se. Fr. ABSORPTION FIELD SIZED AT THREE Q) TRENCHE| 3 FT. x 7s FT. = 67s Se, Fr. ALTERNATIT/ELY, USE 57 QUICK4 NFILTMTORS @ 9.87 SQ. FT. EACH FOR TOTAL ABSORPTII/E AREA OF 57 X 9.87 = 562.59 Sg. FT. ABSORPTION FIELD SZED AT THREE (3) TREN1HES 3 FT. x 76 FT. = 684 Se. FT. Page 5 of9 4.0 Site Specifi c Installation/Operation Requirements The owner and system conhactor shall be aware and comply with the following installation and system operation requirements. 4.1 hrstallation - Setbacks. NotificationS. and Inspections . All installation activities shall be conducted in accordance with current Colorado Department of Health I^SDSRegrlctions as well as any relevant Garfield Countv reEulations and requirements. If at any time durine construction. subsurface site conditions are encountered which differ from the desien parameters developed in Section 2.0. construction activities will stop and the desien eneineer will be contacted to address any necessarv design modifications. Installation procedures including grade, location, setbacks, septic tank size, and absorption field size shall conform with the attached graphic details. Construction activities and system components will not encroach upon existing easements or utility corridors. A minimum of 6 ft of undisturbed soil shall be maintained between individual absorption elements and the septic tank and/or adjacent absorption elements. Minimum site specific setbacks for system components are: Source water line domestic well occupied bldng property lines subsoil drains drainage channel inigation ditch open lined/gated solid pipe Septic Tank Absomtion Field 2s', 100' 20' l0' 2s', )<l 50' 2s', l0' l0' 50' 5' l0' l0' l0' 50' 25 l0' Buildine Sewer l0' 50' a To avoid surface flow infiltration and saturation of the new absorption system, abandonment of irrigation in the vicinity of the disposal system is required. Diversion ditches necessary to divert surface flows around the new absorption bed must maintain the minimum setbacks listed above. All sewer lines and effluent distribution piping shall be 4 inches in diameter and have glued joints. INFILTMTORS shall be placed level in the absorption field. All lines discharging sewage from the residence to the septic tank shall maintain fall of between l/8 in. and l/4 in. per foot and shall employ sweep 90's or 245's at all tums. Sewer lines from the dwelling to the septic tank and at least 6 ft from the septic tank outlet must meet minimum standard ASTM-3034. Sewer lines under driveways shall always meet minimum Schedule 40 PVC standards and shall be encased with comrgated metal pipe or flow fill when covered with less than 12" of soil. Page 6 of 9 o The installer shall not place fill in the open excavation until inspected and approved by the design engineer. Additionally, the final cover shall not be placed on sewer lines, septic tank,or the absorption area until the system has been inspected and approved by the design engineer. Provide 48 hour notice for all required inspections. . Four inch clean outs shall be provided at maximum 100'intervals in all effluent lines exceeding 100' in length. o Prevent vehicle haffic and parking over the absorption field and repair area. . A non-corrodible Orenco filter (model # FTW0444-36A) shall be installed at the final outlet Tee of the septic tank or in the effluent line between the septic tank and the absorption field to limit the size of solids and sludge passing into the absorption field. The filter must be accessible for cleaning and replacement from the ground surface. r The distribution box shall be set level on undisturbed native soil or a structural pad (e.g., compacted fill or concrete) to prevent settling and promote uniform distribution of flow to the absorption field. A 45 degree bend shall be tumed down on the septic influent line to damp surge flows from the septic tank and promote equal distribution. o The effluent distribution system shall be constructed in accordance with the "Infiltrator Technical Manual" available from Infiltrator Systems lnc., 123 Elm Street, Suite 12, Old Saybrook, Connecticut 0647 5. . The surface cap shall consist of native soil mounded 5% over the absorption field to promote surface runoff. o The system conhactor shall be aware of the potential for construction activities to reduce soil permeabilities at the site through compaction, smearing, and shearing. The following precautions and construction procedures should be employed during installation to minimize disturbance to native soils: i. Excavation should proceed only when the m<iisture content of the soil is below the plastic limit. If a sample of soil forms a rope instead of crumbling when rolled between the hands it is too wet and should be allowed to dry before excavation continues. ii. Excavation and backfill equipment should work from the surface where at all practical to avoid compaction of the soils at depth. iii. The bottom and sidewalls of the excavation should be left with a rough, open surface. The appearance should be that ofbroken or ripped soil as opposed to a sheared, smeared, or troweled surface. Any smoothed or smeared surfaces should be removed with a toothed rake or shallow ripper taking care to remove loose residues from the bottom of the tench by hand if necessary. iv. Care should be taken in placing fill materials in the excavation to avoid damaging the exposed soil surfaces. Page 7 of9 4.2 Operation - Maintenance and Inspections o The owner shall install a stuctural barrier if necessary and take precautions to prevent vehicular taffic, excessive surface watering, accidental flooding, or other activities in the vicinity of the absorption field which may compact, saturate, or otherwise alter the subsurface soil parameters used in designing the septic system. o The owner will plant and maintain grass or other shallow rooted cover crop to prevent erosion and promote evapohanspiration over the absorption field. o The owner will inspect and maintain the required mounding and drainage away from the absorption field to prevent saturation from precipitation and surface flows. . To mitigate the generation of preferential flow channels which may compromise the operation of the system, the owner will inspect and prevent intrusion of burrowing animals and deep rooted plants into the absorption field. . The septic effluent filter shall be inspected and cleaned as necessary every six (6) months. o The owner will conduct periodic maintenance of the septic system by removing accumulated sludge from the septic tank every 3-4 years to prevent clogging of the absorption field. Page 8 of9 5.0 Limitations This report is a site specific design for installation of an individual sewage disposal system and isapplicable only for the client for whom our work was performed. Use ofthit report under othercircumstances is not an appropriate application of this document. This report is a product of CronkConstruction lncorporated and is to be taken ip its entirety. Excerpts from this report may be taken out ofcontext and may not convey the true intent ofthe report. It is the owner's and owner's agents responsibility to read this report and become familiar with the recommendations and design guidelines contained herein. The recommendations and design guidelines outlined in this report are based on: l) the proposed site development and plot plan as furnished to Cronk Construction Incorporated by the client, and 2) the site conditions disclosed at the specific time of the site investigation of reference. Cronk Construction Incorporated assumes no liability for the accuracy or completeness of information furnished by the client. Site conditions are subject to external environmental effects and may change over time. Use of this plan under different site conditions is inappropriate. If it becomes apparent that current site conditions uury from those anticipated, the design engineer should be contacted to develop any required design modifications. Cronk Construction Incorporated is not responsible and accepts no liability for any variation in assumed design parameters. Cronk Construction Incorporated represents this report has been prepared within the limits prescribed by the owner and in accordance with the current accepted practice of the civil engineering profession in thi area. No warranty or representation either expressed or implied is included or intended in this report or in any ofour contracts. Thomas A. Cronk, P.E.,, I nl"t'2w '-it d.'.o*' & CU-'"^ D"t.\c"","-.\ \' ), ya( NOTE: This individual sewage disposal plan is meant to include the following four pages of graphics including: 1) plot plan,2) septic layout plan,3) absorption field plan view, and 4) absorption field cross section. The plan is not to be implemented in the absence of these related graphics. In addition, results from the percolation test and soils evaluation are included for reference as Appendix A. Page 9 of9 t,Ir It ,L_, ?.44 ocres , ( =l Iu) fl \o; a' F/t4 xlul --Ul.- - I--1 I s/^ \Yc" \/+ ./ l I It weSt perc test /' -z-'excovotion, typ south ,/ ./ Fenced groveted storoge yord SILLS PROJECT - REDMAN JOB EOOI CR 3I9, RIFLE PLOT PLAN JANUARY 14, A006 SCALET l'=50'NORTH //_----1 -'t"t -' ,'l ./ ,'t .' r" ./ ," ./." ,/ ul., 9 au;i= 3r.*= E E;;i ;:;:ff;IF a;Eg:zlz:et::: =!neF ^ g=ZzE !g!;g:s!; ;;:;: Hqrqe<f, a6rr=- .-r!?dil *='*ii, (lLo{a JuJr u< EZEaE I <--e &o! 1 z : uz9,,< |,-(!o H^-o;? CtE<-tr *.'r-L*L,,u.. a"=sqjsIdj hoJalq a= |e: I = E:l s =,r,.;;= q_l_ u,(UNN < o=l= ol'.l H, I 2[il;a====-*tl lil I - lr9ll PJ lEall ;< tF tlzf lEsslu | .e=l 2 | Egi; 2 o9=fi1; i>€E= = ifiH'6 = \-=(JuE 24"=9>:: 14 >i EVH=?F o-<t<c]cra Jtlaa Ktae rL 0Vnr, "rrr ,"1o1 lf ...- ........- --'"',9 6urlsrr" T -......- r{--\J ol cts P OLoo/ m 0J L v v d 0, o'o>L t> o o6UL O'+ ,{ t,.\u ",""-& \,, '., )\I ./\ /\ /r, s '\:- \ - -/ ! o0,0., L td .g ?e Or- r5d qJ UOqa 'El o.a> o0U :r }N d\ c' , 6 6 L L o.; o ! o ijr 96 ;.e P+: <= ri t hgE (!,. (+ -ov -6 n-d P 'f ? l.P dc) 6 !.0r!ooo G f q lot|. o :6 a) .9- c OJUU gE 0,i;g !q oh L}oo UL do s,. 'd o Lro t. ,/-eY "s oo^ \-to \vb ci n' F\ 6 --E a, l. o 4 c'2 obsorptlon fletd conslstlng oF 3 nors of 19 Oulck4 InFlttrotors for o totol of 57 unlts (Atternotlvety, use 3 rors oF t? H-10 Inflttnotons for o totql oF 36 unlts) ,typ,-0ulck(75',typ,-H-10) ABSORPTION FIELD SCALET I S PROJECT - REDMAN JOB CR 319, RIFLE ABSORPTION FIELD - PLAN VIEV JANUARY 14, ?006 t,=?0, - PLAN VIEV,=?0, dlstrlbution f 48', typ. (0ulck4) / 75',typ, (H-10) t4 l 6' nln,(10' reconnended) provlde Inspectlon/ventlng ports qt eoch end oF InFlttrotor trenches os shown PROVIDE VENTING/INSPECTION PERTS AS REOUIRED BY INFILTRATOR INSTALLATION GUIDELINES, TYP. EACH ROV (ONE OF THREE) SOIL CAP (MOUND 5Z) EXISTING GROUND SURFACE ?4' APPROX.(10'MIN,) 3/l t4AXIl,tUM SLOPE, TYP, DISK OR SCARIFY UNDER INFILTRATOR, TYP. INFILTRATER, INSTALL IN ACCORDANCE VITH'INFILTRATOR TECHNICAL MANUAL, INFILTRATOR SYSTEI,IS INC.. T23 ELM STREET, SUITE IE, OLD SAYBROOK, coNNECTICUT 06475 I f* 36' --l F- tz' r.!IN.,TYP. --i. (1?O' PREFRRED) @{ I ABSORPTTEN FTELD - CROSS SECTION SCALET l'=5' SOILS LI]G (SEE NBTES) DISTRIBUTTON BOX DETAIL SCALE' I'=I' SOILS LOG NOTES SI - SANDY CLAY/SANDY SILT, LT BRI]VN TO TAN; BLOCKY & FRIASLE Se - PITRUN (l0nn-100nn), LT 6RAY fl3 - CLAYEY SAND V/INTERMITTENT SAND LENSES (10'-16' THICK), LT BROVN TO TAN NO GROUNDVATER t]R HIGH SEASONAT VATER TABLE TO I?O' BGS ILLS PROJECT - REDMAN JOB CR 319, RIFLE BSORPTION FIELD - CRESS SECTION Y 14, e006 AS SHOVN OUTLETS AS REOUIREI) 4' 45'-BEND SURGE TED NATIVE SOIL OR STRUCTURAL L TO PREVENT SET APPEI\DIX A SOILS AND PERCOLATION REPORT CRONK CONSTRUCTION INCORPORATED CRONK GONSTRUCTION o INCORPORATED 7129.24. Road Grand Junction, CO 8t5O5 97 0-245.o,577, 97 0.257.7453 (faxf Date: Prepared by: Client: SOILS AND PERCOLATION REPORT January 14,2006 Thomas A. Cronk, P.E. ll29 -24-Road Grand Junction, CO 81505 24s-0577 Jimmy Sills Mann Creek Commons, LLC 45705 Highway 6&24 Glenwood Springs, CO 81601 (e70) 947-8s71 Property address: 2001 CR 319, Rifle, CO 81650 Tax schedule No.: Legal Descript.: 1.0 Soils Evaluation The site consists of approximately 2.44 acres of uncultivated native soil. Drainage is approximately lo/o to the east. A percolation test/soils evaluation was conducted on the property of reference on 0 I / 1 3/06 by Tom A. Cronk, registered professional engineer (R.P.E.). A perc excavation trench (south hench) was extended to a depth of 120" below ground surface (BGS). There was no evidence of ground water or high seasonal water table in the open excavation to a depth of 120" BGS. The soils evaluation indicates three distinct soil horizons underlie the site. A lithological description follows: depth (in.) description 0' - 44" sandy claylsandy silt, light brown to tan; blocky; friable 44" - 62 pitrun (l0mm-l00mm), light gray 62 - 120' clayey sand with intermittent sand lenses (10"-16" thick), light brown to tan Percholes were constructed in the west excavation at a depth of approximately 42 in., in the east excavation at a depth of approximately 54 in., and in the south excavation at a depth of approximately 96 in' The holes appeared to be well saturated at the time of the test. Results of the percolation test are Page A-l of A-3 shown in Table l. TABLE I Percolation Test Results 2001 CR 319, Rifle Depth Time on 01113106 Time Drop Perc Rate min/inl2:04 l2:17 l2:41 l3:04 (west) 42" - 54"5.5 6. I 875 7.5 8.375 60t2.875 2l (east) 54" - 66"5.625 6.5 7.5 8.2s 6012.625 t1 (south) 96" - 108"2.5 3.75 4.75 s.E75 60/3.37s l8 2.0 Conclusions and Recommendations Soils at the site appear acceptable for implementation of an individual sewage disposal system (ISDS). The following site-specific considerations should be observed during implementaiion of the ISDS: o The bottom of the ISDS absorption field should be located as shallow as practical to promote effective evapofranspiration and still maintain 48" of suitable infiltration soil above the extent of the soils observation excavation located at 120" BGS. A design perc rate of 40 min/in. is recommended for overall system sizing. ' Care should be taken during constuction to avoid compaction and smearing of the exposed infiltative surfaces and preserve the natural permeability of the native soils. Page A-2 of A-3 3.0 Limitations This report provides a professional assessment of the feasibility of implementing an individual sewage disposal system on the property of reference. The design parameters developed in this document are representative of the site conditions disclosed at the specific time of the site investigation. Site conditions are subject to change from extemal events both manmade (irrigation or pond construction) and naturally occurring (flooding or excessive precipitation). Cronk Construction Incorporated is not responsible and accepts no liability for any variation in assumed design parameters caused by external events. Cronk Construction lncorporated represents this report has been prepared within the limits prescribed by the owner and in accordance with the current accepted practice of the civil engineering profession in thi Page A-3 of A-3 CRONK GONSTRUCTIOT{ INCORPORATED 1129 -24- Road Grand .functlon, CO 81505 97 0.245.0577, 97 0,-257-7453 {fax} February 1,2006 CERTIFICATE OF INSPECTION AND ACCEPTANCE Individual Sewage Disposal System Sills Project - Redman Job 2001 Countv Road 319 Rifle, CO 81650 The individual sewage disposal system of reference was inspected on February l, 2006. The system was found to conform with the plans and specifications set forth in the engineered sewage disposal system design for the aforementioned property prepared on January 16,2006. Copies of the engineered plan are on file at the Garfield County Building Department or may be obtained from the undersigned design engineer. Thomas A. Cronk, P.E. ll29 -24- Road Grand Junction, CO 81505 970-245-0577 1500 gotton septlc tqnk -dlstnlbutlon box obsorptlon fletd conslstlng oF 3 rous of la Inflttrqtors (H-10s) for q totol oF 36 unlts PROJECT - REDMAN JOB CR 319, RIFLE BUILT DRAVING BRUARY 1, ?006 l'=?0'NORTH CRONK CONSTRUCT!ON INCORPORATED 1129.24. Road Grand Junctlon, GO OlsOs 97 O.245.O57 7, 97 0.25?.2453 (tax| Date: Prepared by: Type of Design: Owner: Property address: Ta"x schedule No.: INDIVIDUAL SEWAGE DISPOSAL SYSTEM DESIGN March 31,2006 Thomas A. Cronk, P.E. Cronk Construction Inc. ll29 -24-Road Grand Junction, CO 81505 245-0577 Commercial Jimmy Sills c/o Mamm Creek Commons, LLC 45705 Highway 6&24 Glenwood Springs, CO 81601 970-947-951r Approx. 2005 County Road 319, Rifle, CO 81650 Page I of9 1.0 Site History The site consists of approximately 7.91acres of uncultivated native soil. Drainage is approx imately 2%oto the east' A percolation test/soils evaluation was conducted on the property ofieference on02/01/06by Tom A. Cronk, registered professional engineer (R.p.E.). The perc test was intended to provide subsurface design parameters for design of an individual sewagedisposal system (IsDs) for commercial use. As based on results from this ,ubr*fu". investigation, thefollowing ISDS design has been prepared. Results from the 02/01/06 perctesysoils evaluation areattached for reference as Appendix A. The locations of the perc tesUsoils observation excavations areshown on the attached plot plan. 2.0 Development of Desisn parameters Aperc excavation french-(excavation C) wT extended to a depth of 120" below ground surface (BGs).There was no evidence of ground water or high seasonal watei table in the open Jxcavation to a depth of120" BGS' The soils evaluation indicates thrie distinct soil horizons underlie the site. A lithologicaldescription follows: depth (in.) description 0u - l8u silty sand, light tan to tan; blocky; friable 18' - 66' clayey sand, light brown; friable; medium stiff 66u - 120' pit run (25mm-l00mm) in light tan silty sand matix As based on the perc test results (Appendix A), a weighte d design percrate of 40 min/in. is chosen foroverall system sizing for subsurface discharge below a aepttr of-Ig,. Page2 of9 3.0 Svstem Desipm AINFILTMIOR absorption tench is proposed for discharge of septic effluent at the site. Construction of the system will consist of excavating level henches in thJ area comprising the absorption field. Theinitial excavation shall be continued to a maximum depth of 48" lsee absorpiion field cross-section). Following completion of the initial push-out, INFILTMTORSwiII be used to construct a septic effluent distribution system in the open excavations. T"lte INFILTMTOReffluent distribution system will be installed in accordance with the "Infilhator Technical Manual", available from krfilhator Systems lnc,, 123 Elm Sfreet, Suite 12, Old Saybroolg Connecticut06475. Adjacent INFILTMTORSshall be fastened with a minimum of four (4) 3/4" x #8 self-tapping sheet metal or bright brass deck screws ro prevent movement and separation during bacldlling. As shown in the Construction Detail, the bottom of the INFILTMTOR seepage henches will be located a maximum of 48" below ground level. After the INFILTMTOR,S are installed, the absorption field will be covered with a soil cap. The soil capwill consist of approximately 36" ( I 0" minimum required) of native soil mounde d 5% to promote surfacl run off away from the absorption field. The installer should confirm the feasibility of gravity discharge of sewage effluent from the structure to the absorption field by field verification of assumed design parameters. Assumed design parameters with respect to gravity discharge include: r distance from exit of sewage pipe at foundation line to absorption field - 100' or less, o elevation of ground surface at enbry to absorption field must be no more than 12" above the invert elevation of sewage pipe at exit from foundation line. If field measurements do not confirm these design assumptions, gravity discharge of septic effluent from the proposed structure can not be assured and a lift station may bi required. please contact the designengineer to address any design modifications necessary if thgse design assumptions are not upheld. The installer must also confirm the setbacks from property lines, building envelopes, and existing easements shown in the attached graphics are maintained. Vehicle haffic and parking is to be privented over the absorption and repair area. Provide a structural septic tank, manholes, and minimum schedule 40 PVC (encased in 6" CMP or flow fill at all areas with less than 12" of cover) under all vehicle haffic areas' Additionally, any unknown utility lines, easements, or other adverse conditions disclosed duringconstruction must maintain the required setbacks listed on page 6 of this document. Sewage loading for the ISDS will include lavatory, water closet, and shower service for 34 employees and customers associated with a 1,840 sq. ft. office area and 7,440 sq. ft. shop. The ISDS loadsizing is based on the maximum number of occupants for the structure as determined from the IBC building code. Average daily sewage loadings are calculated as follows: Sewage Source shop occupants @ 500 sq.ft./occupant office occupants @ 100 sq.ft./occupant Desien Loadine Averaee Daily Sewage Flow 15 employees @20 gaVemployee-8 hr. shift . . . . . . 19 employees @ 15 gallemployee-8 hr. shift . . . . . . 300 gallday 285 eal/day 585 gaVdayTotal Average Daily Sewage Flow Page 3 of9 A 1,250 gallon septic tank is required for retention of septic effluent for the proposed sewage loading. Anon-corrodible Orenco filter (model # FTW0444-36A) shall be installed at tire final outlet Tee of theseptic tank or in the effluent line between the septic tank and the absorption field to limit the size ofsolids and sludge passing into the absorption fields. The filter must be accessible for cleaning andreplacement from the ground surface. A dishibution box is reQuired to provide equal distribution of septic effluent from the septic tank to theabsorption field. The distribution box must be placed on stable native soil or compacted sfuctural fill toprevent settling and assure equal disbibution of septic effluent. As discussed above, INFILTMTOR absorption henches are proposed to discharge septic effluent to theunderlying sub-soils' As shown in the attached graphics, the absorption tenches will consist of three (3) fenches 3'wide x 4'max. deep x 75'long with trvelve (12) standard INFILTMTORunits each for a totalof thirty six (36) H-10 INFILTMTORS. The absorption field will encompass a gross area of 675 squarefeet with an effective area (3 I sq. ft. allow ed aTeaIINFILTMTOR) of t , I i6 rq. d. Alt.-atively, thi absorption trenches will consist of three (3) henches 3'wide x 4'max. deep x 76'long with niniteen (19) QUICK4 INFILTMTOR units each for a total of fifty seven (57) eUICK4- INFILTR|TORS. Theabsorption field will encompass a gross area of 684 square feet with an effective area (19.74 sq. ft.allowed area/INFILTMTOR) of 1,125 sq. calculations and design parameters used to size the absorption field follow. Page 4 of9 DESIGN CALCIJLATIONS DESIGN SEWAGE LOADNG OF 585 GAL,IDAY AYEMGE FLOW PEAK FLOW = l50yo OF AI/EMGE = 877.50 GAL.\DAY DESIGN PERCOLATION MTE = 40.0 MN.INCH n = ?fi, mHERE, A = ABSORPTION FIELD AREA Q = PEAK FLOW t = PERC TIMETNCH A - 877-'50,1m = 1109.96 SQUARE FEET5 SIZE ADJUSTMENT FACTOR OF 0.5 FOR INFILTMTOR TRENCH SYSTEM ADJUSTED AREA = 1109.96 X O.S = 554.98 S?UARE FEET usE 36 STANDARD (H-10) TNFTLTMTORS @ 15.50 sQ. FT. EACH FOR TOTAL ABSORPTIVE AREA OF 36 X 15.50 = 558 Se. FT. ABS0RPTION FIELD snED AT THREE e) TRENCHES 3 FT. x 7s FT. = 675 Se. FT. ALTERNATIT/ELY, USE 57 QUICK4 INFILTMTORS @ 9.87 SQ. FT. EACH FoR TorAL ABSORPTIVE AREA oF s7 x 9.87 = s62.59 se. Fr. ABSORPTI0N FIELD snED AT THREE (3) TREN1HES 3 FT. x 76 FT. = 684 se. Fr. Page 5 of9 The owner and system contractor shall be aware and comply with the following installation and systemoperation requirements. Installation procedures including grade, rocation, setbacks, septic tank size, andabsorption field size shall conform with the attached graphic details. Constructionactivities and system components will not encroach upon existing easements or utilitycorridors. A minimum of 6 ft of undisturbed soilshall be maintained between indiviiualabsorption elements and the septic tank and/or adjacent absorption elements. Minimumsite specific setbacks for system components are: a Source water line domestic well 50' domestic cistern 25' occupied bldng 5' property lines l0' subsoil drains l0' drainage channel l0' inigation ditch open 50' Iined/gated 25 solid pipe l0' Seotic Tank Absomtion Field l0'25' 100' 25' 20' l0' 2s', 2s', 50' 25' l0' Buildine Sewer l0' 50' To avoid surface flow infiltration and saturation of the new absorption system,abandonment of irrigation in the vicinity of the disposal system is required. Diversionditches necessary to divert surface flows around the new absorption bed must maintainthe minimum setbacks listed above. All sewer lines and effluent distribution piping shall be 4 inches in diameter and haveglued joints. INFILTMTORS shall be piaced level in the absorption field. All linesdischarging sewage from the residence to the septic tank shall maintain fall of between1/8 in' and l/4 in' per foot and shall employ sweep 90's or 245'sat all turns. Sewer linesfrom the dwelling to the septic tank and at ieast 6 ft from the septic tank outlet must meerminimum standard ASTM-3034. Sewer lines under driveways shau always meetminimum Schedule 40 PVC standards and shall be encased with comrgated metal pipe orflow fill when covered with less than 12" of soil. Page 6 of9 The installer shall not place fill in the open excavation until inspected and approved by the design engineer. Additionally, the final cover shall not be placed on sewir lines, septic tanlg or the absorption area until the system has been inipected and approvediy the design engineer. Provide 48 hour notice for all required inspections. Four inch clean outs shall be provided at maximum 100' intervals in all effluent lines exceeding 100' in length. Prevent vehicle traffic and parking over the absorption field and repair area. A non-corrodible Orenco filter (model # FTW0444-36A) shall be installed at the final outlet Tee of the septic tank or in the effluent line between the septic tank and the absorption field to limit the size of solids and sludge passing into the absorption field. The filter must be accessible for cleaning and replacement from the ground surface. The distribution box shall be set level on undisturbed native soil or a structural pad (e.g., compacted fill or concrete) to prevent settling and promote uniform dishibution of flow to the absorption field. A 45 degree bend shall be turned down on the septic influent line to damp surge flows from the septic tank and promote equal distribution. The effluent distribution system shall be constructed in accordance with the "InfiltratorTechnical Manual" available from Infiltrator Systems Inc.,123 Elm Street, Suite 12, Old Saybrook, Connecticut 0647 S. The surface cap shall consist of native soil mounde d 5o/o over the absorption field topromote surface runoff. The system contractor shall be aware of the potential for construction activities to reduce soil permeabilities at the site through compaction, smearing, and shearing. The following precautions and construction procedures should be employed during installation to minimize disturbance to native soils: i. Excavation should proceed only when the moisture content of the soil is below the plastic limit. If a sample of soil forms a rope instead of crumbling when rolled between the hands it is too wet and should be allowed to dry before excavation continues. ii. Excavation and backlill equipment should work from the surface where at all practical to avoid compaction of the soils at depth. iii' The bottom and sidewalls of the excavation should be left with a rough, open surface. The appearance should be that of broken or ripped soil as ofpor.d to u sheared, smeared, or foweled surface. Any smoothed or smeared surfaces should be removed with a toothed rake or shallow ripper taking care to remove loose residues from the bottom of the trench by hand if necessary. iv. Care should be taken in placing fill materials in the excavation to avoid damaging the exposed soil surfaces. Page 7 of9 o The owner shall install a structural barrier if necessary and take precautions to preventvehicular faffic, excessive surface watering, accidental flooding, or other activities inthe vicinity of the absorption field which may compact, saturate, or otherwise alter thesubsurface soil parameters used in designingthe septic system. The owner will plant and maintain grass or other shallow rooted cover crop to preventerosion and promote evapotanspiration over the absorption fierd. The owner will inspect and maintain the required mounding and drainage away from theabsorption field to prevent saturation from precipitation anl surface flows. To mitigate the generation of preferential flow channels which may compromise theoperation of the system,th3 owler will inspect and prevant intrusion of uunowin!animals and deep rooted plants into the absorption deld. The septic effluent filter shall be inspected and cleaned as necessary every six (6)months. The owner will conduct periodic maintenance of the septic system by removingaccumulated sludge from the septic tank every 34y""rr to p-revent clogging of theabsorption field. Page 8 of9 5.0 Limitations This report is a site specific design for installation of an individual sewage disposal system and is applicable only for the client for whom our work was performed. Use of this report under other circumstances is not an appropriate application of this document. This report is a product of Cronk Construction Incorporated and is to be taken in its entirety. Excerpts from this report may be taken out of context and may not convey the true intent of the report. It is the owner's and owner's agents responsibility to read this report and become familiar with the recommendations and design guidelines contained herein. The recommendations and design guidelines outlined in this report are based on: l) the proposed site development and plot plan as furnished to Cronk Construction Incorporated by the client, and,2)the site conditions disclosed at the specific time of the site investigation of reference. Cronk Construction lncorporated assumes no liability for the accuracy or completeness of information furnished by the client. Site conditions are subject to extemal environmental effects and may change over time. Use of this plan under different site conditions is inappropriate. If it becomes apparent that current site conditionr u"ry from those anticipated, the design engineer should be contacted to develop any required design modifications. Cronk Construction Incorporated is not responsible and accepts noliability for any variation in assumed design parameters. Cronk Construction lncorporated represents this report has been prepared within the limits prescribed by the owner and in accordance with the current accepted practice of the civil engineering proiession in thi area. No warranty or representation either expressed or implied is included or intended in this report or in any ofour contracts. Thomas A. Cronk, P.E. a/a*,,t?-@ Date y'4aat\3t ,?"d NOTE: This individual sewage disposal plan is meant to include the following four pages of graphics including: l) plot plan, 2) septic layout plan, 3) absorption field plan view, anO l; absorption field cross section. The plan is not to be implemented in the absence of these related graphics. In addition, results from the percolation test and soils evaluation are inctuded for reference as Appendix A. Page 9 of9 *9 q$ ZO \> r Ou)(n ta txI I b3 .^'o ; Hi-r n n- "; I 01 il I Fz LtJ uJa UJ aa lrJ O v u)Z '*"*\ 4 a^ l-)I a,/tt | /I vLv. | | <-\ =Z + fr/z uoo = @ N 0 1"07,22" W (4_o_d ,09 )\r \\, \\ 8,".:( 6u O L O'ocp -=< C :sv-.:s i- !=9 ; :T: U.!nre o5n-"r !:o o v o C* O 3 O j-oYo 991.1 i:,g. \\ t--if min. i IJ;L *#ffi# // .u.* / ,u$o / ".'* 1NJ4t"-- -"vJ J^rrr \ --- -.r1.- '-.'\il;\ ,._) ,,/,,-----..* - \ \ TI1 .\, TIQ .l- ;t- .R\; i-Ittt{ q- *= r-:s t;> .Eb3 .9 o*v, E o .: NXsl"- I*rE: oo-IE E s! o y- _ F O= O ou U a U 3 o l l o o Y 1C zl- @u \ \ I I I \ I "u-* o/' I /Y% -'a!!Q \^\< \(o\r) b+ ,, =.i.:E+ :o d:3 \o d!- \-=. eir\ o\xorj \ 9:= \ ij 35 \-- zlol oF Iuo- | E H:lFspn:nn = ?.'l >l HF>lss*p=== 3'*rl I l:t | |pt Iitg=. lleQ l!fi:; Ifr t;EE3=d Z ;5=;(5=d Da;::;!E FVSHEdE(,Jo(r(].oo "2, x z +tl rJ (A ....#l ql I U ts5>ts 30(, I oi-=-= r 6ag b8:H p'R igX-x-*oor ag,E<)j&s5 (h <6> !{u9 e :-!= :g*: 'nEi;*FiTiE:fEHg;Ii ;riaaE;il;i*i;=r3;is olosorption Fietd consisting oF 3 rows of 19 Ouick4 lnFittrotors For o totot oF 57 units (Atternqtivety, use 3 rows of l2 H-10 InFittrotors For o totqt oF 36 units) 76',typ.-Quick (75',typ.-H-10) distribution box seotic inFtuent I f 48', typ. (Quick4) / 75',typ. <H-10) tLl 6' nin. (10' reconrnended) -/- 'k. provide inspection/ve.rting po"ts J ot eoch end of InFittrotor trenches os shof,n ABSORPTIBN FIELD - PLAN VIEV SCALET l'=?0' SILLS PROJECT - SCHLUMBERGER JOB , EOOs CR 3I9, RIFLE TION FIELD - PLAN VIEV 31, e006 l'=?0' PROVIDE VENTING/INSPECTION PORTS AS REOUIRED BY INFILTRATOR INSTALLATION GUIDELINES, TYP. EACH ROV (ONE OF THREE) SI]IL CAP (MOUNI} 5Z) EXISTING GROUND SURFACE 36' APPROX (t0'MIN.) 3/I MAXIMUM SLOPE, TYP. DISK OR SCARIFY UNDER INFILTRATOR, TYP. INFILTRATOR, INSTALL IN ACCORDANCE VITH'TNFILTRATOR TECHNICAL MANUAL, INFILTRATOR SYSTEMS INC., IA3 ELM STREET, SUITE IA, OLD SAYBROOK, CONNECTICUT 06475 ? I II - re0' SOILS LI]G (SEE NOTES) OUTLETS AS REOUIRED 4' 4s'-BEND SURGE :l l l=l l t:il r=I r-','-"'-,,,-,,,-r r:l r:! Fil t= l Fl l El l COMPACTED NATIVE SOIL OR STRUCTURAL FILL TB PREVENT SETTLING l rr. r.,rN.,TYP -l* 36'--l ' (I2O' PREFRRED) ABSORPTION FIELD - CROSS SECTION SCALET 1'=5' SOILS LOG NOTES SI - LIGHT TAN TO,TAN SILTY SAND, BLOCKY, FRIABLE $E - LIGHT BROVN CLAYEY SAND, FRIABLE, MEDIUM STIFF il3 - PITRUN (25mn-l00nn), IN LI6HT TAN SILTY SAND MAIRIX NO GROUNDVATER OR HI6H SEASONAL VATER TABLE TO t?O' BGS ILLS PROJECT - SCHLUMBERGER JOB EOOs CR 3I9, RIFLE ION FIELD - CRI]SS SECTION 31, 4006 , AS SHo!/N DISTRIEUTTON BOX DETAIL scALE' t,=1, APPEIYDIX A SOILS AI\ID PERCOLATION REPORT CROIYK CONSTRUCTION INCORPORATED GRONK CONSTRUCTION INCORPORATED 1129 .24. Road Grand Junction, CO 8t5O5 97 0.245.0577, 97 O.2ST.7 4Sg {faxt o Date: Prepared by: Client: SOILS AI\D PERCOLATION REPORT February 1,2006 Thomas A. Cronlq P.E. ll29 -24-Road, Grand Junction, CO 81505 245-0577 Jimmy Sills Mamm Creek Commons, LLC 45705 Highway 6&24 Glenwood Springs, CO 81601 (e70) 947-8s7r Property address: Approximately 2005 county Road 319, Rifle, co g1650 Tax schedule No.: Legal Descript.: L0 Soils Evaluation The site consists of approximately 7.91acres of uncultivated native soil. Drainage is approx imately Zyoto the east' A percolation tesVsoils evaluation was conducted on the property ofieference on 02/01/06by Tom A. Cronlg registered professional engineer (R.p.E.). Aperc excavation trench (excavation C) w3l extended to a depth of 120" below ground surface (BGS).There was no evidence of ground water or high seasonal watei table in the open Jxcavation to a depth of120" BGS. The soils evaluation indicates three distinct soil horizons underlie the site. A lithologicaldescription follows: depth (in.) description 0" - 18" silty sand, light tan to tan; blocky; friable l8u - 66" clayey sand, light brown; friable; medium stiff 66 - 120" pit run (25mm-l00mm) in light tan silty sand matrix Perc holes were constructed in excavation A at a depth of approximately 54 in., in excavation B at adepth of 48 in', and in excavation C at a depth of 96 in. Thi -holes appeared to be well saturated at thetime of the test. Results of the percolation test are shown in Table I . Page I of 3 2.0 Conclusions and Recommendations Soils at the site appear acceptable for implementation of an individual sewage disposal system (ISDS).The following site-specific considerations should be observed during impleirentaiion of the ISDS: ' The bottom of the ISDS absorption field should be located no deeper than72,,BGS tomaintain 4'of usable infiltration soil above the extent of the subsoils investigation excavation located at l20" BGS. A designpercrate of 40 min/in. is recommended foroverall system sizing. ' Care shouldbe taken during construction to avoid compaction and smearing of theexposed infiltrative surfaces and preserve the natural pirmeability of the native soils. TABLE I Percolation Test Results , Approx.2005CR3l9 Depth Tinrc on 02101106 Time Drop Perc Rate min/inI l:10 I l:25 l2:00 | 2:10 (A)54" -72 4.375 4.875 6.t25 6.5 60/2.125 28 (B) 48'- 66'L75 2.25 3.t25 3.25 60/1.5 40 (c) 96'- 120"3. I 875 3.62s 5.0 5.5 60t2.3t25 26 Page A-2 of A-3 3.0 Limitations This report provides a professional assessment of the feasibility of implementing an individual sewage disposal system on the property of reference. The design parameters developed in this document are representative of the site conditions disclosed at the specific time of the site investigation. Site conditions are subject to change from external events both manmade (irrigation or pond construction) and naturally occurring (flooding or excessive precipitation). Cronk Constuction Incorporated is not responsible and accepts no liability for any variation in assumed design parameters caused by external events. Cronk Construction Incorporated represants this report has been prepared within the limits prescribed by the owner and in accordance with the current accepted practice of the civil engineering proiession in the area. No warranty or representation either expressed or implied is included or intended in this report or in any ofour confracts.#-'(,e4Thomas A. Cronk. F't,. fr,*Q31,>e(,Date Page A-3 of A-3 GRONK CONSTRUCTION INCORPORATED 1129 -24- Road Grand .lunction, CO 815O5 97 0-245 -O57 7' 97 0'257-7453 (f ax| o September LL,2006 CERTIFICATE OF INSPECTION AND ACCEPTANCE Individual Sewage Disposal System Sills Project - Schlumberger Job Approx. 2005 CR 3 l9 Rifle, CO 81650 The individual sewage disposal system of reference was inspected on September I l, 2006, The system was found to conform with the plans and specifications set forth in the engineered sewage disposal system design for the aforementioned property prepared on March 31,2006 with the following modification approved by the design engineer: absorption field was moved south of the commercial building based on soils observation excavation opened to 120" BGS. Copies of the engineered plan are on file at the Garfield County Building Department or may be obtained from the undersigned design engineer. --:'i- \ ,-. \le Tffiil: c-nk.PE \\ ll29 -24- Road Grand Junction, CO 81505 970-245-0577 -,E e z--*l err- | J -9 Pog o d u) PoJ 'uf C9," V:Pu1'.: !F J fcB .e; o o-u 6 L *p ooo dm 6 I I 6 9P uO OXUU {00659069.DOCX 1} Exhibit T Garfield County, Colorado Printed: 11/16/2017 at 9:29:09 AM DisclaimerThis is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing isto be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. Garfield County Land Explorer Copyright Garfield County, Colorado | All Rights Reserved© Garfield County Land Explorer ¬1 inch = 94 feet 1 inch = 0.02 miles 0 0.025 0.050.0125 Miles Garfield County ColoradoGarfield County Coloradowww.garfield-county.com Garfield County Printed by Web User 240 ft. Garfield County, Colorado Printed: 11/16/2017 at 9:33:02 AM DisclaimerThis is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing isto be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. Garfield County Land Explorer Copyright Garfield County, Colorado | All Rights Reserved© Garfield County Land Explorer ¬1 inch = 188 feet 1 inch = 0.04 miles 0 0.05 0.10.025 Miles Garfield County ColoradoGarfield County Coloradowww.garfield-county.com Garfield County Printed by Web User 76 ft. {00659069.DOCX 1} Exhibit U {00659069.DOCX 1} Exhibit V