Loading...
HomeMy WebLinkAbout1.04 OwnershipAPPENDIX A OWNERSHIP DOCUMENTATION SGM 118 W. 6TH STREET, SUITE 200 GLENWOOD SPRINGS, CO 81601 [This page was left blank intentionally.] Battlement Mesa Land Investments Parcel 1 PHA Reception#: 740449 01/02/2008 04:02:00 PM Jean Rlberico 1 of 2 Rec Fee$11.00 Doc Fee:0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 31ST day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 1 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ss. COUNTY OF GARFIELD BATTLEMEkk MESA ND INVESTMENTS, LLC a Colorado limit !lab' y company By Name: Eric"` meta Title: Authorized Agent The foregoing instrument was acknowledged before me this 315` day of December, 2007, by Eric __ imela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability compa Witness my hand and official se• . My commission expires: 01. jA. 023 Notary Public ti all ris infill11114111111070107111111141151 � ks II III livere fnrIg• 740444 01/02/2008 04:02:00 PM Jean Alberico 2 of 2 Rec Fee.$11.00 Doc Fee -0.00 GARFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North Battlement Parkway as recorded - under Reception Numbers 398268, whencelthe Northeast Corner of said Section 8 bears N64°11'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a -found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3-1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Southerly Right of Way the following three (3) courses: N77°24'14"W a - distance of 104.74 feet; thence 354.34 feet along the arc of a curve to the left, having a radius of 1859,86 feet, a - central angle of 10°54'57" and_ subtending a chord bearing of N82°51'42"W a distance of 353.80 feet; thence -- N88° 19' 11 "W a distance of 1641.56 feet to the Northeast corner of Lot 4, Block 2 Burning Rock Subdivision as - recorded under Reception No. 371427; thence along the Easterly boundary line. of said Lot the following two (2) -= courses: S00°24'07"W a distance of 614.28 feet; thence S52°46'13"E a distance of 113.13 feet to a point on the - Northerly line of a 20 foot Utility Easement No. 34 as recorded under Reception No. 362181, also being the -- Easterly Boundary line of Burning Rock Subdivision as recorded under Reception No. 371427; thence along said -- Easterly Boundary line the following four (4) courses: S34°36' 19"W a distance of 70.30 feet; thence S07°41'56"E a -- distance of 41.22 feet; thence S33°37'46"E a distance of 327.58 feet thence S03°37'02"E a distance of 348.69 feet; -- thence N85°30'26"E a distance of 574.39 feet; thence S64°41'02"E a distance of 104.01 feet; thence S44°44'08"E a - -- distance of 201.49 feet; thence S47°29'41 "E a distance of 57.83 feet; thence N86°33'48"E a distance of 63.76 feet; -thence N62°39'52"E a distance of 216.09 feet; thence N84°35'43"E a distance of 51.70 feet; thence S59°24'28"E a -distance of 33.67 feet to a point on the Westerly Right ,of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following five (5) courses: 58.03 feet -along the arc of a non -tangent curve to the right having a radius of 1050.00 feet, a central angle of 03°09'59" and -subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; -thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°.53'14" - and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N12°35'46"E a distance of 427.56 - feet; thence 31.42 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" - and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 57.68 acres more or less. Said Parcel is subject to easements and encumbrances of record Battlement Mesa Land Investments Parcel 2 AllillikitrilftillritiNdWriiirrililINGIALICSM 11111 Reception#: 740450 01/02/2008 04:02:00 PM Jean Alberico 1 of 2 Rec Fee:$11.00 Doc Fee:C.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 31ST day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 2 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT To THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances ,thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD' the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD BATTLE ENT MESA L D INVESTMENTS, LLC a Colorado lin ' lia. - company By _ Name: imela Title: Authorized Agent The foregoing instrument was acknowledged before me this 31' day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: �[ Notary Public S;,:• LE') 1111 Fi%�"�� f f�«'«1�'Ifh`I ,LLr,�l' 111iI Reception#.: 740450 01/02/2008 04:02:00 PM Jean Alberico 2 of 2 Rec Fee:$11,00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the. Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Corner of said Section 8 bears N51°02'39"E a distance of 4204.64 feet, with all bearings being relative to a bearing of N00°58' 10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N59°24'28"W a distance of 33.67 feet; thence S84°35'43"W a distance of 51.70 feet; thence S62°39'52"W a distance of 216.09 feet; thence S86°33'48"W a distance of 63.76 feet; thence N47°29'41 "W a distance of 57.83 feet; thence N44°44'08"W a distance of 201.49 feet; thence N64°41'02"W a distance of 104.01 feet; thence S85°30'26"W a distance of 574.39 feet to a point on the Easterly Boundary line of Block 2, Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following six (6) courses S45°48'25"W a distance of 298.35 feet; thence S36°45'12"W a distance of 68.78 feet; thence S19°32'24"W a distance of 317.57 feet; thence S 18°04'52"W a distance of 162.89 feet; thence S24° 12'31 "W a distance of 23.36 feet; thence S53°01'14"E a distance of 75.63 feet; thence S16°44'10"W a distance of 733.77 feet; thence S73°15'50"E a distance of 736.08 feet; thence S70°42'38"E a distance of 60.44 feet; thence S84°07'30"E a distance of 64.54 feet; thence S69°57'06"E a distance of 63.31 feet; thence S62°23'49"E a distance of 69.25 feet; thence S52°57'45"E a distance of 120.64 feet thence S63°09'20"E a distance of 83.59 feet; thence S73°00'34"E a distance of 59.43 feet to a point on said Westerly Right of Way line for Spencer Parkway; thence along said Westerly Right of Way line N30°59'00"E a distance of 150.82 feet; thence leaving said Westerly Right of Way S70°49'20"E a distance of 819.47 feet to the Westerly Boundary line of a Parcel of land described in Special Warranty Deed recorded under Reception No. 727519; thence along said Westerly Boundary line the following three (3) courses: 105.26 feet along the arc of non -tangent curve to the left, having a radius of 1460.00 feet, a central angle of 04°07'50" and subtending a chord bearing of N26°30'21 "E a distance of 105.23 feet; thence N24°26'26"E a distance of 486.76 feet; thence 121.62 feet along the arc of a curve to the left, having a radius of 460.00 feet, a central angle 15°08'53" and subtending a chord bearing of N16°51'59"W a distance of 121.26 feet; thence continuing 74.60 feet along an arc to the left, having a radius of 460.00 feet, a central angle of 09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast Corner of a Parcel of land described under Reception No. 502529; thence along the Southerly Boundary line of said Parcel the following three (3) courses: N56°45'01 "W a distance of 317.60 feet; thence N74°24'26"W a distance of 223.22 feet; thence N50°57'10"W a distance of 171.76 feet to the Easterly Right of Way of said Spencer Parkway; thence along said Easterly Right of way 396.39 feet along the arc of a non -tangent curve to the right, having a radius of 950.00 feet, a central angel of 23°54'25" and subtending a chord bearing of N17°54'03"E a distance of 393.52 feet; thence leaving said Easterly Right of Way N35°39'18"W a distance of 108.82 feet to the point of beginning. Said Parcel contains 76.26 acres more or less and is subject to easements and encumbrances of record. Battlement Mesa Land Investments Parcel 3 ' ■I11 �Y�>L '�irE���,��tP�;���;�1f�� '��'Ir+nlK�l I0 441ii II 111 Reception#: 740451 01102/2008 04 04:50 PM Jean Plberico 1 of 2 Rec Fee:$11.00 Doc Fee 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 31ST day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 3 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEMEN' MESA LAN ► INVESTMENTS, LLC a Colorado limi ' • + itv • pany By Name: Eric Title: Authorized Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 3155 day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public 1111 M. F'tr1711i011 1 FLI 11111 Reception#: 740451 01/02/2008 04.04:50 PM Jean Alberico 2 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Sections 7, 8, 18 & 17 Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Corner of said Section 8 bears N40°50'16"E a distance of 5894.33 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence N73°00'34"W a distance of 59.43 feet; thence N63°09'20"W a distance of 83.59 feet; thence N52°57'45"W a distance of 120.64 feet; thence N62°23'49"W a distance of 69.25 feet; thence N69°57'06"W a distance of 63.31 feet; thence N84°07'30"W a distance of 64.54 feet; thenceN70°42'38"W a distance of 60.44 feet; thence N73°15'50"W a distance of 736.08 feet to a point on the Easterly boundary line of Burning Rock Subdivision as recorded May 28, 1986 under Reception No. 371427; thence along said Easterly boundary line the following three (3) courses: S16°44'10"W a distance of 759.48 feet; thence S65°00'15"W a distance of 1143.06 feet; ▪ thence S01°42'35"W a distance of 335.15 feet to a point on the Northerly boundary line of Willow Creek Village, - Section 2 as recorded December 8, 1981 as Reception No. 322310; thence along "said Northerly boundary line the -- following five (5) courses: S29° 17'15"E‘ a distance of 310.72 feet; thence S81 ° 11'11 "E a distance of 580.86 feet; ..thence S58°05'59"E a distance of 115.43 feet; thence N82°36'07"E a distance of 108.66 feet; thence S01°05'52"W a -==-distance of 159.34 feet to the Northwest corner of a a Parcel of land described under Reception No. 316688 thence _ along the boundary line of said Parcel for following two (2) courses; S88°54'08"E a distance of 208.92; thrence S01 °05'52"W a distance of 220.21 feet to a point on the Northerly right of way line of South Battlement Parkway as -recorded under Reception No. 398297; thence along said Northerly Right of Way line the following four (4) -courses: 132.67 feet along the arc of a curve to the right, having a radius of 622.96 feet, a central angle of 12°12'09" -and subtending a chord bearing of S70°23'20"E a distance of 132.42 feet; thence S64°17'16"E a distance of 231.81 -feet; thence 264.69 feet along the arc of a curve to the left, having a radius of 522.96 feet, a central angle of 29°00'00" and subtending a chord bearing of S78°47'16"E a distance of 261.88 feet; thence N86°42'44"E a distance -of 103.85 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. -• 541093; thence along said Westerly Right of Way line the following two (2) courses: 27.09 feet along the arc of a --curve to the left, having a radius of 20.00 feet, a central angle of 77°36'18" and subtending a chord bearing of N47°54'35"E a distance of 25.07 feet; thence N09°06'26"E a distance of 386.0p feet to a point on the boundary line of First Eagles Point as recorded September 22, 2004 under Reception No. 660191; thence along said boundary line sof First Eagles Point the following Seventeen (17) courses: N54°07'28"W a distance of 314.02 feet; thence - N55°41' 19"W a distance of 265.45 feet; thence N78°39'50"W a distance of 296.32 feet; thence N81 °45'01 "W a - distance of 297.02 feet; thence N81°57'04"W a distance of 145.63 feet; thence N75°45'00"W a distance of 370.19 - feet; thence N22°01'45"W a distance of 154.99 feet; thence N06° 18'36"W a distance of 114.85 feet; thence N54°39'55"E a distance of 55.12; thence N59°01'20"E a distance of 77.70 feet; thence N72°50'04"E a distance of -193.51 feet; thence S77°45'09"E a distance of 177.92 feet; thence S73°14'55"E a distance of 425.47 feet; thence N54°40'52"E a distance of 470.22 feet; thence S84°56'46,"E a distance of 248.40 feet; thence S65°52'14"E a - distance of 148.32 feet; thence S26°51'31 "E a distance of 82.97 feet to a point along said Spencer Parkway Westerly Right of Way the following two (2) courses: 105.35 feet along the arc of a non -tangent curve to the right, - having a radius of 650.00 feet, a central angle of 09°17'12" and subtending a chord bearing of N26°20'24"E a - distance of 105.24 feet; thence N30°59'00"E a distance of 846.41 feet to the point of beginning. Said Parcel contains 52.80 acres more or less. Said Parcel is subject to easements and encumbrances of record. Battlement Mesa Land Investments Parcel 5-1, Trk 2 111111'i� r, (i'!A ,Hi0100,L 'ti11111T1011 1411111 Reception#. 740652 01/07/2008 10:36:37 AM Jean Alberico 1 of 2 Rec Fee:$11.00 Doc Fee:0 00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 315` day of December, 2007, between COMMUNITY HOLDINGS WEST, INC., a:Colorado corporation, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 1-A, LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove,, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this d e date set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD COMMUN a Colorado Co HOLDI ,S WEST, INC. By Name: Eri Title: Authorized Agent The foregoing instrument was acknowledged before me this 3151 day of December, 2007, by Eric Schmela as Authorized Agent for Community Holdings West, Inc., a Colorado limited liability company. Witness my hand and official seal. My commission expires: MARGUERITE BRAUNSCHWEIG NOTARY PUBLIC STATE OF COLORADO My Commission Expires 02115/2610 1111 11111 Reception#: 740652 01/07/2008 10:36:37 AM Jean Alberico 2 of 2 Rec Fee:$11.00 Doc Fee:0 00 GARFIELD COUNTY CO EXHIBIT A Tract 2, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970. LESS AND EXCEPT that parcel of land conveyed to the Grand Valley Fire Protection District by Special Warranty Deed in Lieu of Condemnation more particularly described as follows: A parcel of land being a portion of Tract 2, Stone Quarry Commons as recorded under Reception No. 691970, also being located within Section 17, Township 7 South, Range '295 West of the 6'h P.M., Battlement Mesa, Garfield County, Colorado, being further described as follows: Beginning at the Northwest corner of Battlement Cemetery as described under Reception No. 368453, also being a point whence the W'/4 corner of said Section 17 bears South 05°49'25" West a distance of 485.86 feet; thence along the Northerly boundary of said Battlement Cemetery South 59"05'08" East a distance of 454.60 feet; thence North 01°06'06" East a distance of 606.53 feet to a point on the Southerly boundary of Tract 1, Lot 2 Stone Quarry Commons; thence along said Southerly boundary North 56°52'14" West a distance of 134.39 feet to the Southeast corner of Tract 1, Lot 1 Stone Quarry Commons; thence along the Southerly boundary of said Tract 1, Lot 1 the following two (2) courses: North 56°50'27" West a distance of 70.07 feet; thence North 88°54'08" West a distance of 221.11 feet to a point on the Easterly right-of-way line of Stone Quarry Road; thence along said Easterly right-of-way South 01°06'06" West a distance of 488.97 feet to the Point of Beginning. SUBJECT TO easements, restrictions, reservations and rights of way of record, or situate and in use. Battlement Mesa Land Investments Parcel 5-1, Trk 3 & 4 v 1111 AM. Frilafill'e Mii ra aialr lifii 11111 Reception#: 740456 01/02/2008 04:07:50 PM Jean Alberico 1 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 3 + day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-1, TRK3 and 4 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEME a Colorado By Name: mels Title: Authorized Agent LAND INVESTMENTS, LLC ity company STATE OF COLORADO ) ss. COUNTY OF GARFIELD st' The foregoing instrument was acknowledged before me this day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: {\ ]..aao� t Notary Public SALLY GEIB VAG:iEUR NOTARY PUSL.0 STATE OF COLORADO MY C4n1tNMilgn lie 96/91/2009 -1 1111 AA B111 Reception#: 740456 01/02/2008 04:07:50 PM Jean Rlberico 2 of 2 Rec Fee:$11.00 Doc Fee 0 00 GARFIELD COUNTY CO EXHIBIT A Tract 3, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 Tract 4, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 (Garfield County Assessor Parcel No. 2407- 172-14-150) Battlement Mesa Land Investments Parcel 5-2, Trk 6 1111 herr 1111 Reception#: 740458 01/02/2008 04:07:50 PM Jean Alberico 1 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 3 j day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2, TRK 6 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT To THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLE a Colorad By MESA 'ted lia• AND INVESTMENTS, LLC ty company Name: chmela Title: Authorized Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: ] y abD S Notary Public SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO fei!im/'^%1n 1111 Mil %FITIMMIi.V,Miliwi «Ir 1411 ,a.15kki 11 II + Reception#: 740458 1 01/02/2008 04:07:50 PM Jean Rlberico 2 of 2 Rec Fee $41.00 Doc ree•0.00 GARFIELD COUNTY CO EXHIBIT A Tract 6, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 69197 (Garfield County Assessor Parcel No. 2407- 171-16-150) Battlement Mesa Land Investments Parcel 5-2, Trk 5 ■IIIA?" F'll+`i1'iMliWICCIVIN 1441i Reception#: 740457 01/02/2008 04:07:50 PM Jean Alberico 1 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 1 day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 5-2, TRK 5 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEMENT a Colorado 1' By Name: E e a Title: Aut orized Agent Iced liabi AND INVESTMENTS, LLC company STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: _ 0 aao7 Notary Public SALLY « E P vn n'4,7, IP NOTARY iJuial.t�. STATE OF COLORADO My Commission Expires 05/01/2009 VIIIriaFtriltiltililfilgilritirlr4VICIAII.Lii CI 11111 Reception#: 740457 01/02/2008 04:07:50 PM Jean Rlberico 2 of 2 Rec Fee $l1 00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Tract 5, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 Garfield County Assessor Parcel No. 2407-172-15-150) Battlement Mesa Land Investments Parcel 6 1111 1% NVIVAII+,MMiliA'fth171i1J, 11 III Reception#: 740452 01/0212008 04.04:50 PM Jean Alberico 1 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CC SPECIAL WARRANTY DEED THIS DEED, made this 31ST day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 6 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT To THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ss. COUNTY OF GARFIELD BATTLE. TENT MESA LA D INVESTMENTS, LLC a Colorado lil d liability mpany By Name: Eric imela Title: Authorized Agent The foregoing instrument was acknowledged before me this 3151 day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public 1111 PM. FVFiV,11111,WhIf„ i4inCIWC! 11111 Reception#: 740452 01/02/2008 04:04.50 PM Jean Alberico 2 of 2 Rec Fee.$11.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line of the East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8 bears N22°42'28"E a distance of 3772.70 feet, with all bearings being relative to a bearing of NOO°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Comer of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Westerly Right of Way line the following two (2) courses: SO1°41'08"W a distance of 407.27 feet; thence S00°59'21 "W a distance of 865.52 feet to the Northeast Corner of a parcel of land described in the Special Warranty Deed recorded under Reception No. 727519; thence along the Northerly boundary of said School Parcel the following seven (7) courses: N76°07'19"W a distance of 854.61 feet; thence N08°46'47"E a distance of 418.88 feet; thence N82°55' 19"W a distance of 44.28 feet; thence N63°58'43"W a distance of 279.40 feet; thence N57°48'47"W a distance of 115.39 feet; thence S74°08'54"W a distance of 55.18 feet; thence N61 ° 13'35"W a distance of 27.90 feet; thence 74.60 feet along the arc of a non -tangent curve to the left, having a radius of 460.00 feet, a central angle of 09° 17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast corner of a parcel of land described at Reception No. 502529; thence along the Easterly boundary of said parcel N00°00'00"W a distance of 442.32 feet; thence leaving said Easterly boundary N52°24'27"E a distance of 88.42 feet; thence S64° 18'03"E a distance of 428.17 feet; thence S83°43'30"E a distance of 172.14 feet; thence S54°03'08"E a distance of 109.24 feet; thence S71°06'37"E a distance of 73.94 feet; thence S67°01'27"E a distance of 419.92 feet; thence S49°57'25"E a distance of 110.81 feet to the point of beginning. Said Parcel contains 35.67 acres more or less. Said Parcel is subject to easements and encumbrances of record. Battlement Mesa Land Investments Parcel 7 1111 An. «'II Ib 11 11 1 Reception#: 740453 01/02/2008 04:04:50 PM Jean Plberico 1 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 31ST day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL 7 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, forand in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD BATTLEM NT MESA I 'D INVESTMENTS,=LLC a Colorado lin • lia Name: E ela Title: Authorized Agent By y company The foregoing instrument was acknowledged before me this 31° day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability company. Witness my hand and official sea My commission expires: • Notary Public ■IIIAAF'G irJAllihlf.hlr,«'«1raf11411,41q#411111 Reception#: 740453 01/02/2008 04:04:50 PM Jean falberico 2 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North & East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8 bears N64°11 '55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58' 10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Southerly & Westerly Right of Way line the following three (3) courses: S77°24' 11 "E a distance of 343.47 feet; thence 1512.78 feet along the arc of a curve to the right, having a radius of 1095.92 feet; a central angle of 79°05'22" and subtending a chord bearing of S37°51'33"E a distance of 1395.50 feet; thence S01°41'08"W a distance of 1038.62 feet; thence N49°57'25"W a distance of 110.81 feet; thence N67°01'27"W a distance of 419.92 feet; thence N71 °06'37"W a distance of 73.94 feet; thence N54°03'08"W a distance of 109.24 feet; thence N83°43'30"W a distance of 172.14 feet; thence N64°18'03"W a distance of 428.17 feet; thence S52°24'27"W a distance of 88.42 feet to the Northeast corner of a Parcel of land described at Reception No. 502529; thence along the Northerly boundary line of said Parcel the following two (2) courses: N49°20'08"W a distance of 359.28 feet; thence N79°37'28"W a distance of 224.18 feet to a point on the Easterly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence N35°39'18"W a distance of 108.82 feet to a point on the Westerly Right of Way line of said Spencer Parkway; thence along said Westerly Right of way the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right, having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 56.17 acres more or less. Said Parcels are subject to easements and encumbrances of record. Battlement Mesa Land Investments Parcel Fairways 1111 NA. 4!«',1 .14! !1L VIEWA "X Hill 11111 Reception#: 740646 01/04/2008 04:03:06 PM Jean Rlberico 1 of 2 Rec Fee:$11 00 Doc Fee 0 00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED r THIS DEED, made this ' I S day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS PARCEL FAIRWAYS LLC, a Colorado corporation, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate Tying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT To THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for,itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEM . `T MESAL ND INVESTMENTS, LLC a Colorado li iabili company By Name: E e a Title: Authorized Agent STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this a day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official seal My commission expires: cj 70s Notary Public VIII E 4!Iiiia IC TIVIV,i l' r;«11t1'L ICIIIN 1I II I Reception#: 740646 01/04/2008 04:03:06 PM Jean Alberico 2 of 2 Rec Fee:$11 00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A A parcel of land situated entirely within a tract of land described at Reception No. 408506, also being entirely with the Battlement Mesa P.U.D., County of Garfield, State of Colorado, Sections 7 and 18, Township 7 South, Range 95 West of the 6'h Principal Meridian, being more particularly described as follows: Beginning at the northwest corner of The Fairways, Phase I, recorded as Reception No. 530565 also being on the east right-of-way line of Battlement Parkway West; thence along the easterly right-of-way of said Battlement Parkway West of the following three (3) courses: 471.88 feet along the arc of a curve to the right, having a radius of 950.00 feet, a central angle of 28°27'35", and subtending a chord bearing N 61°01'12" E a distance of 467.04 feet; thence N 75°15'00" E a distance of 340.50 feet; thence 429.83 feet along the arc of a curve to the left, having a radius of 550.00 feet, a central angle of 44°46'40", and subtending a chord bearing N 52°51'40" E a distance of 418.98 feet to an angle point along the westerly line of Lot 1, Block 2, Burning Rock Subdivision recorded as Reception No. 371427 of the records of the Clerk and Recorder of said Garfield County; thence the following four (4) courses along the westerly boundary of said Lot 1; S 51°00'00" E a distance of 186.70 feet; thence S 00°00'00" E a distance of 310.00 feet; thence S 55°29'30" W a distance of 754.25 feet; thence S 30°40'00" W a distance of 605.59 feet to the north line of Willow Creek Village, Section No. 2, recorded as Reception No. 322310 of said Garfield County records; thence N 57°39'08" W a distance of 277.40 feet along the north line of said Willow Creek Village, Section No. 2 to the southeast corner of said The Fairways, Phase I; thence along the easterly and northerly boundary of said The Fairways, Phase I the following thirteen (13) courses: N 00°31'24" W a distance of 20.64 feet; thence N 12°20'41" E a distance of 44.00 feet; thence 23.36 feet along the arc of a non tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°12'39", and subtending a chord bearing N 33°03'00" W a distance of 21.07 feet; thence 33.36 feet along the arc of a compound curve to the right, having a radius of 100.00 feet, a central angle of 19°06'41", and subtending a chord bearing N 21°06'40" E a distance of 33.20 feet; thence N 30°40'00" E a distance of 235.19 feet; thence 50.32 feet along the arc of a curve to the right, having a radius of 200.00 feet, a central angle of 14°25'00", and subtending a chord bearing N 37°52'30" E a distance of 50.19 feet; thence 23.54 feet along the arc of a curve to the right, having a radius of 15.00 feet, a central angle of 89°53'50", and subtending a chord bearing S 89°58'05" E a distance of 21.19 feet; thence N 44°58'50" E a distance of 44.00 feet; thence N 45°01'10" W a distance of 145.40 feet; thence 23.54 feet along the arc of a compound curve to the right having a radius of 15.00 feet, a central angle of 89°54'04", and subtending a chord bearing N 00°04'08" W a distance of 21.19 feet; thence N 34°52'57" W a distance of 44.66 feet; thence 23.40 feet along the arc of a non -tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°22'04", and subtending a chord bearing N 89°42'12" W a distance of 21.10 feet; thence N 45°01' 10" W a distance of 163.18 feet to the point of beginning. (Garfield County Assessor Parcel No. 2407-074-00-008) Battlement Mesa Land Investments Parcel OHS 7 9 •I1 'i``'L 1117,6PJI M ilii. r;VI ; +1' 1 II I Reception#: 740455 01/02/2008 04:07:50 PM Jean Alberico 1- of 2 Rec Fee:$11.00 Doc Fee:0,00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 31sT day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND [ 1VESTMENTS PARCEL OHS LLC, a Colorado limited liability company, whose legal address is 73G S+ppxelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ss. COUNTY OF GARFIELD BATTLEM " MESAL 'D INVESTMENTS, LLC a Colorado lim lia i. ' y company By Name: Title: ut iorized Agent The foregoing instrument was acknowledged before me this 31m day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability company. ',,, .01� 'p,RY / LL _J c!1Notary Public \?X;. Witness my hand and official seal My commission expires: • 1111 FrYiM 4i NIAT.«141C frig 'llir 11 IiI Reception#: 740455 01/02/2008 04:0;:50 PM Jean Alberico 2 of 2 Rec Fee $11.00 Doc Fee.0.00 GPRFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Easterly Right of Way line of the East Battlement Parkway as recorded under Reception No. 398268, whence the Northeast Corner of said Section 8 bears N29°49'10"E a distance of 2672.29 feet, with all bearings being relative to a bearing of N00°58' 10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Easterly Right of Way line the following two (2) courses: 126.66 feet along the arc of a curve to the right, having a radius of 1195.92 feet, a central angle of 06°04'05" and subtending a chord bearing of S01 °20'54"E a distance of 126.60 feet; thence S01 °41'08"W a distance of 1445.16 feet to a point on the boundary line of said unplatted lands of Battlement Mesa PUD; thence along said boundary line S88°43'14"E a distance of 993.55 feet; to the Southwest Corner of Lot 1, Block 1, The Highlands Filing 1 according to the Final Plat thereof recorded under Reception No. 344062; thence along the boundary of said Lot 1 the following six (6) courses: N01 ° 16'46"E a distance of 325.00 feet; thence N16°26'22"E a distance of 62.35 feet; thence N48° 16'46"E a distance of 58.00 feet; thence S88°43'14"E a distance of 180.00 feet; thence S01°16'46"W a distance of 60.00 feet; thence S35°04'04"E a distance of 97.85 feet to the East Boundary Line of said Section 8; thence along said East Boundary line N01°33'31"E a distance of 1028.10 feet to the East 1/4 Corner of said Section 8; thence continuing along the East Boundary line of said Section 8 N00°58'10"E a distance of 96.88 feet; thence N81°37'17"W a distance of 1300.28 feet to the point of beginning. Said Parcel contains 41.35 acres more or less. Said Parcel is subject to easements and encumbrances of record. Battlement Mesa Land Investments Town Center 1 ■ii► !4lr� lM 1 1� 1�+1Rt1'i Irl lhViii0gg!111:t111411111 R.eepttonti: 760496 12/23/2008 02:20:13 PM Jean tllberico_ 1 of 2 -Pec Fee:411.00 Doo Fee:0.00 GARFIOLD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this I day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS TOWN CENTER 1 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed; and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT TO THE RESERVATION 13Y GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights; lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents; issues and profits thereof, and all the estate, right, title; interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF GARFIELD ) ss. BATTLE a Colorado By Name: Eri * ela Title: Authorized Agent LAND INVESTMENTS, LLC ity company The foregoing instrument was acknowledged before me this 3 t day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: n - yi D pcjg Notary Public SALLY GEIS VAGNEUR NOTARY PUBLIC STATE OF COLORADO my COMMiallett beim O5/01/200g •1 1:CATIVII, Ifo711:110:10Sh Qhhlti IN 11111 Recep.t,ion*: 76049E 12/2312000 02:20:13 AN Jean Albarloo 2 of 2 Rec Fee311.00 Doo Fae:0.00 GARFIELD COUNTY CO EXHIBIT A Lot 3B, Block 1, Town Center Filing No. 1, according to the amended plat recorded November 16, 1999 as Reception No. 555449 (Garfield County Assessor Parcel No. 2407-172-01-007) Battlement Mesa Land Investments Town Center 2 IIII,V4IMMALIYirifriliVINVIrnilini1414I!iii tteception0: • 760497 12/23/2008 02:20:13 PM Jean Albertco 1 or 2.46c Fee:$1t.00 Doc Fee.0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this J day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS TOWN CENTER 2 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate Tying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT To THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, Tying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever, The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLE a Colorado By Name: Er+'ela Title: Authorized Agent LAND INVESTMENTS, LLC ty company STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 3iday of December, 2007, by Eric Schmeia as Authorized Agent for Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public SALLY GEIS VAGNE R NOTARY PUBLIC STATE OF COLORADO ' My Commtasion Expires 115101/2orT MUM IN Phi 11111 Reception#• 760497 12/23/200802:20:13 -DM Jean Alberich 2 of -2 Ree fee:$11. 00 Doc Fee:0.00 GARFtELD COUNTY CO EXHIBIT A Lot 2, Block 1, Town Center Filing No. 2, according to the plat recorded October 8, 1986 as Reception No. 375169 (Garfield County Assessor Parcel No. 2407-172-07-002) Battlement Mesa Land Investments, LLC 1111 WA 11 III Reception#: 740291 12/31/2007 12:01:32 PM Jean Rlberico of 2 R20 Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO QUIT CLAIM DEED This Deed, made this - day of December, 2007 between BATTLEMENT MESA PARTNERS LLC, a Colorado Limited Liability Company ("Grantor") and BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado Limited Liability Company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, CO 81635, (Grantee): Witnesseth, that the Grantor, for and in consideration of the sum of One Dollar and other good and valuable 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 right, title interest, claim and demand which the Grantor has in and to the water rights more particularly described on the attached Exhibit A, and all connection therewith, including without limitation, all pipelines, pumps, casings, tanks and other improvements associated therewith, together with all other appurtenances thereto. Together with all of Grantor's right, title and interest in and to all easements, rights of way, dams reservoirs, reservoir rights, ditches, ditch rights, personal property, permits, and licenses appurtenant to or used in connection with the above described water rights and all other appurtenances thereto; To Have and to Hold the same as set forth hereinabove, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, their heirs and assigns forever. In Witness Whereof, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF GARFIELD ) ss BATTLE a Colora By • E o Limited PARTNERS LLC ility Company imela Authorized Agent The foregoing Quit Claim Deed was acknowledged before me this day of December, 2007, by Eric Schmela as Authorized Agent of BATTLEMENT MESA PARTNERS LLC, a Colorado Limited Liability Company. Witness niy hand and official se il. My Commission expires: ■iii Al%I rival ,c'nf,14a10Virki4A Wail 11111 Recerption#: 740291 12/31/2007 12:01:32 PM Jean Altierico 2 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO WF,ra nICHTS TO BE QUITCLAIMED EXHIBIT A Decreed Amount Name of Bight AmountQuitclaimed Dobey Ditch: Original Transfer from R F 1.975 cis (A) Ditch Transfer from 1.00 cfs (A) Huntley Ditch 1.00 cfs (A) ilalna DeWitt Ditch: Original Original Dobey Enlargement Musconetcong hitch: Original Original 1st Enlargement Int Enlargement Burls, Rnlargement Rurlee Enlargement Ward Enlargement Whitney Enlargement Shutt Ditch: Original 1st Emlar$ement Huntley Ditch: Original 1st Enlargement Ind Enlargement (Cove) Savin Enlargement Domestic R F Ditch: Original 1st Enlargement (Good i Hayward) 2nd Enlargement Transfer from Dobey Ditch Cummins Enlargement Domestic Domestic Hewitt and Milburn Ditch O'Toole Ditch Revell Serlsg 4 Waste Water Ditch Samuel B. Masson Waste Water Ditches Mos. 1 and 2 Studt Spring Ditch Eaton Springs Ditch Yard Waste Water Ditch Morrow Pump 6 Pipeline (A) Absolute (C) Conditional 1.50 cfs (A) 1.30 cfs (C) 1.00 cfs (A) 2.26 cfs (A) 0.16 cfs (C) 1.40 cfs (A) 1.27 cfs (C) 1.20 cfs (A) 0.10 cfs (C) 1.00 cfs (A) 1.12 cfs (A) 1.00 tie (A) 3.00 cfs (A) 1.67 cfs (A) 4.50 cfs (A) 5.00 cfs (A) 1.00 cfs (A) 0.83 cfs (A) 2.00 cfs (A) 2.375 cfs (A) 2.933 cfs (A) 0.40 cfs (A) 1.00 cis (A) 0.42 cls (A) 0.83 cis (A) 2.575 els (A) 3.94 cfs (A) 4.10 cfs (C) 0.20 cfs (A) 0.60 cfs (C) 0.40 cfs (A) 0.20 cfs (C) 0.76 cfs (A) 1.16 cfs (A) 2.00 cfs (A) 3.00 cls (A) All In t 1.915 cfs (A) 1.00 cis (A) 1.00 am (A) All In 1.00 cis (A) 2.05 cfs (A) A11 Int A11 int All interest All interest All Interest 0.78 cf■ (A) All Int 0.75 cfs (A) 0.75 cfs (A) 1.06 cfs (A) 2.34 cfs (A) 2.76 cfa (A) 1.00 cfs (A) 0.65 cfs (A) 1.06 cfs (A) 2.375 cfu (A) 0.45 cfs (A) 0.40 cis (A) A11 interest 0.33 cfs (A) All int A11 int 2.04 cfs (A) A11 Interest 0.20 cls (A) 0.60 cis (C) All interest All In Source Battlement Creek Battlement Cruel Battlement Creek Battlement Creek Battlement Creek Battlement Creek B attlement Creek Bottlamest Creek Battlement Creek Battlement Creek Battlement Creek Battlement Creek Battlement Creek B attlement Creek Nettlesome Creek se itonettt Creek eattl.msmt Creek B attlarest Creek Battlement( Creek Battlement Creek Battlement Creek Battlement Creek Battlement Creek Battlement Creek Battlement Creek Battlement Creek Battlement Creek B attlement Crook. 8ettlem.nt Creek Battlement Creek Battlement Crook lattlsrsmt Creek !8attlsemst Creek 'Battlement Creek B attlement Creek 0.76 cfs (A) Colorado River 1.16 cfs (A) Colorado River 2.00 cis (A) Dettlwmt Creek 3.00 cfs (A) Coloreds Elver Appropriation Adjudication Date at. 6/29/1893 3/ 7/1887 7/29/1888 4/ 8/1894 4/ 8/1894 8/28/1907 3/20/1887 3/20/1887 3/ 7/1888 3/ 7/1188 7/ 1/1894 7/ 1/1894 4/ 6/1886 10/14/1914 5/11/1887 12/11/1887 3/ 1/1885 3/10/18117 1/28/1888 7/29/1888 3/ 1/1885 11/I5/1085 3/ 711887 12/20/1887 3/ 7/1667 12/20/1909 3/ 7/1887 11/25/1885 8/ 9,1886 61 1/1894 6/ 1/1894 6/ 1/1891 6/ 1/1091 6/15/1895 6/15/1895 4/ 1/1910 4/ 1/1910 7/15/1886 6/1/1933 1/11/1902 5/ 5/1888 4/ 4/1896 12/17/1902 12/17/1902 12/14/1920 5/ 5/1888 5/ 5/1818 5/ 5/1888 5/ 5/1888 12/17/1902 12/17/1902 4/22/1911 11/ 8/1915 5/ 5/1888 5/ 5/1888 S/ S/188$ 5/ 3/1888 S/ 5/1815 4/ 4/1898 12/28/1903 5/ 5/1888 S/ 5/1888 5/ S/1888 5/ 5/1888 4/16/1910 3/31/1904 5/31/1904 5/ 5/1868 8/22/1907 8/22/1907 3/ 6/14 2 3/8/12:- 3/ 6/19ger2.t 3/. 6/1910. 7/ 9/1965 7/ 9/1965 11/24/1905 3/ 2/1953 WI FM, I4lti"tile141E1141IiI1kHi'ih 11111 Reception#: 740292 12/31/2007 12:01:32 PM Jean Alberico 1 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO l BARGAIN AND SALE DEED This Deed, made this 3.1k5i day of December, 2007 between BATTLEMENT MESA PARTNERS LLC, a Colorado Limited Liability Company ("Grantor") and BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado Limited Liability Company, whose legal address is whose address is 73G Sipprelle Drive, Battlement Mesa, CO 81635 (Grantee): Witnesseth, that the Grantor, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells and conveys unto the Grantee, its successors and assigns forever, all right, title interest in and to the water rights described on the attached Exhibit A, together with all easements and rights of way used in connection therewith, together with all other appurtenances thereto. In Witness Whereof, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ss COUNTY OF GARFIELD BATTLEMENT MESA PARTNERS LLC a Colorado ited Lit • ility Company By E �`,"-*ra Authorized Agent The foregoing Bargain and Sale Deed was acknowledged before me this3e. day of December, 2007, by Eric Schmela as Authorized Agent for BATTLEMENT MESA PARTNERS LLC, a Colorado Limited Liability Company. Witness my hand and official s My Commission expires: G'ii : 1 —(r li 1..'L It i7I'.1I1 (,�I•ch'lL ' . •till i; I,:u R Notary ublic ;• SHELLEY r. • LEO 2' ■III'JY'L t'1ririN1, M!1 ! 101«+1'I '1' I ktlikli 11111 Reception4: 740292 12/31/2007 12:01:32 PM Jean Alberico 2 of 2 R2c Fee:$1, 00 Doc Fee:0.00 GARFIELD COUNTY CO • EXHIBIT A (Attached to Bargain and Sale Deed) (a) Mesa Lakes Nos. 6, 7 and 8, for a total of 13.3 acre-feet, and 9.9 acre-feet of Mesa Lake No. 3, decreed by the District Court in and for Water Division No. 5 (the "Water Court") in Case No. 79CW349, all with an appropriation date of December 26,1979. The 9.9 acre-feet of Mesa Lake No. 3 and Mesa Lakes 6 and 7 are also known as Back Nine Pond. Mesa Lake No. 8 is also known as Front Nine Pond. These lakes are located in Sections 7 and 18, Township 7 South, Range 95 West, and Section 13, Township 7 South, Range 96 West, 6th P.M., and all derive their source of water supply from the Colorado River, Monument Creek (a/k/a Monument Gulch) and unnamed gulches which flow into the eight lakes. (b) Eaton Pipeline No. 2, decreed in the District Court in and for the County of Garfield, State of Colorado, in Civil Action No. 4954 for 10 c.f.s. for irrigation, manufacturing, industrial and domestic uses, with a December 18,1956 appropriation date. By supplemental decree entered in Civil Action No. 4954, 4.25 c.f.s. of this water right was made absolute while the remaining 5.75 c.f.s. was continued as a conditional right. The decreed point of diversion of the Eaton Pipeline No. 2 is located at a point on the left bank of the Colorado River, whence the West quarter corner of Section 7, Township 7 South, Range 95 West, 6th P.M. bears North 40' 44" West 3711.5 feet, arid derives its source from the Colorado River. (c) Studt Gulch Reservoir, decreed by the Water Court in Case No. 83CW213 for 2 acre-feet. (d) The Huntley Ditch, Dobey Ditch and Eaton Pipeline No. 2 sought to be changed by virtue of the application pending in Water Court Case No. 05CW281. As the foregoing water rights described in paragraphs (a) and (b) above were changed, augmented or utilized as a source of augmentation water by decree of the Water Court entered in Case No. 82CW107, further changed by the decree of the Water Court in Case No. 89CW200. The water rights described in Paragraph (a) are subject to the Findings of Reasonable Diligence and Findings that they have been made absolute, in part, in the Decree for Case No. 88CW471 dated March 1, 1990, in the Decree for Case No. 96CW100 dated March 28, 1997, and in the Decree for Case No. 03CW050 dated March 15, 2004. Reception#: 740293 12/31/2007 12:01:32 PM Jean Alberico 0f12 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO ASSIGNMENT This Assignment, made thisk- day of December, 2007 between BATTLEMENT MESA PARTNERS LLC, a Colorado Limited Liability Company ("Assignor") and BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado Limited Liability Company, whose address is 73G Sipprelle Drive, Battlement Mesa, CO 81635 ("Assignee"): Witnesseth, that the Assignor, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells and assigns unto the Assignee, its successors and assigns forever, all right, title, and interest in and to the water rights described on the attached Exhibit A. By acceptance of this Assignment, Assignee agrees to assume all obligations under the rights described on the attached Exhibit A. In Witness Whereof, the Assignor has executed this deed on the date set forth above. BATTLEME a Colorado By PARTNERS LLC ability Company c mela Authorized Agent STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) The foregoing Assignment was acknowledged before me thisay of December, 2007, by Eric Schmela as Authorized Agent for BATTLEMENT MESA PARTNERS LLC, a Colorado Limited Liability Company. Witness my hand and official s al. My Commission expires: ,il.1 1):!1111 Notary Public - all 11111 Reception#: 740293 12!31!2007 12:01:32 PM Jean Alberico 2 of 2 Rec Fee:$11.O0 Doc Fee:O.O0 GARFIELD COUNTY CO EXHIBIT A (Attached to Assignment) (a) Those portions of the Judgment and Decree dated December 22,1983, entered by the District Court in and for Water Division No. 5, State of Colorado (the "Water Court") in Case No. 82CW107, which augment the use of the Eaton Pipeline No. 2 and Mesa Lakes Nos. 6, 7 and 8, and 9.9 acre-feet of Mesa Lake No. 3. The 9.9 acre-feet of Mesa Lake No. 3 and Mesa Lakes 6 and 7 are also known as Back Nine Pond. Mesa Lake No. 8 is also known as Front Nine Pond. (b) Those portions of the Decree dated March 20, 1981, entered by the Water Court in Case Nos. 79CW350 and 351, which pertain to the use of the Mesa Lakes Nos. 6, 7, 8, and 9.9 acre-feet of Mesa Lake No. 3. (c) Those portions of the Judgment and Decree dated March 1, 1990 entered by the Water Court in Case No. 88CW471 insofar as it relates to Mesa Lakes Nos. 3, 6, 7, and 8. (d) Those portions of the Judgment and Decree dated March 1, 1990 entered by the Water Court in Case No. 89CW200 insofar as it relates to Mesa Lakes Nos. 3, 6, 7 and 8. (e) Those portions of the Judgment and Decree dated March 28, 1997 entered by the Water Court in Case No. 96CW100 insofar as it relates to Mesa Lakes Nos. 3, 6, 7 and 8. (f) Those portions of the Judgment and Decree dated March 15, 2004 entered by the Water Court in Case No. 03CW050 insofar as it relates to Mesa Lakes Nos. 3, 6, 7 and 8. (g) All rights and obligations under the Water Agreement dated December 13, 1989, between Battlement Mesa, Inc. and the Battlement Mesa Metropolitan District. (h) All rights and obligations under the Water Supply Agreement dated June 1, 2006, between Battlement Mesa Metropolitan District and Battlement Mesa Partners LLC. 1111 hii. irithlilN 11111 Recept ion#t : 740298 12131,J2007 01:32 PM Jean Alberico of 7 Rec Fee:$36.00 Doc Fee:0 00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 3154 --day of December, 2007, between BATTLEMENT MESA PARTNERS LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 8 1636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, Tying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcel. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEM a Colorado li ES ed lia By Name: Eri Ilfrea Title: Authorized Agent PARTNERS LLC ity company STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Partners LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: �ll�pr , a00 1 Notary Public (t„\if SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Expire, 08/01 /2009 11111 lri . P M{,1110.1%1,1 4'0WI0hkI.1+, CI 11111 Reception#: 740298 12/31/2007 12:01:32 PM Jean Alberico 2 of 7 Rec,Fee:$36.O0 Doc Fee:O.O0 GARFIELD COUNTY CO EXHIBIT A A Parcel of land located in unplatted lands -battlement Mesa PUD as recorded under Reception Number 333476, also being located within Sectio 8, ownship 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being n e particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North Battlement Parkway as recorded under Reception Numbers 398268, whence the Northeast Corner of said Section 8 bears N64°11'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Southerly Right of Way the following three (3) courses: N77°24'14"W a distance of 104.74 feet; thence 354.34 feet along the arc of a curve to the left, having a radius of 1859.86 feet, a central angle of 10°54'57" and subtending a chord bearing of N82°51'42"W a distance of 353.80 feet; thence N88°19'11"W a distance of 1641.56 feet to the Northeast corner of Lot 4, Block 2 Burning Rock Subdivision as recorded under Reception No. 371427; thence along the Easterly boundary line of said Lot the following two (2) courses: S00°24'07"W a distance of 614.28 feet; thence S52°46'13"E a distance of 113.13 feet to a point on the Northerly line of a 20 foot Utility Easement No. 34 as recorded under Reception No. 362181, also being the Easterly Boundary line of Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following four (4) courses: S34°36'19"W a distance of 70.30 feet; thence S07°41'56"E a distance of 41.22 feet; thence S33°37'46"E a distance of 327.58 feet thence S03°37'02"E a distance of 348.69 feet; thence N85°30'26"E a distance of 574.39 feet; thence S64°41'02"E "/ a distance of 104.01 feet; thence S44°44'08"E a distance of 201.49 feet; thence S47°29'41 "E a distance of 57.83 feet; thence N86°33'48"E a distance of 63.76 feet; thence N62°39'52"E a distance of 216.09 feet; � thence N84°35'43"E a distance of 51.70 feet; thence S59°24'28"E a distance of 33.67 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a ehotd bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 57.68 `acres more or less. Said Parcel is subject to easements and encumbrances of record�� 2. A Parcel of land located in unplatted lands -o ttlement Mesa PUD as recorded under Reception Number 333476, also being located within Sec ion 8, ownship 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being [bore particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under • Reception No. 541093 whence the Northeast Corner of said Section 8 bears N51 °02'39"E a distance of 4204.64 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N59°24'28"W a distance of 33.67 feet; thence S84°35'43"W a distance of 51.70 feet; thence S62°39'52"W a distance of 216.09 feet; thence S86°33'48"W a distance of 63.76 feet; thence N47°29'41"W a distance of 57.83 feet; thence N44°44'08"W a distance of 201.49 feet; thence N64°41'02"W a distance of 104.01 feet; thence S85°30'26"W a distance of 574.39 feet (� to a point on the Easterly Boundary line of Block 2, Burning Rock Subdivision as recorded under b Reception No. 371427; thence along said Easterly Boundary line the following six (6) courses � S45°48'25"W a distance of 298.35 feet; thence S36°45' 12"W a distance of 68.78 feet; thence S19°32'24"W a distance of 317.57 feet; thence S 18°04'52"W a distance of 162.89 feet; thence S24° 12'31 "W a distance of 23.36 feet; thence S53°01'14"E a distance of 75.63 feet; thence S16°44'10"W a distance of 733.77 feet; thence S73° 15'50"E a distance of 736.08 feet; thence S70°42'38"E a distance of 60.44 feet; thence S84°07'30"E a distance of 64.54 feet; thence S69°57'06"E a distance of 63.31 feet; thence S62°23'49"E a 2 Mill FL 117, 111.141 ,PVIV"N1r'WMI YA 11 III Reception#: 740298 12/31/2007 12:01:32 PM Jean Alberico 3 of.7 Rec Fee:$36.00 Doc Fee:O.00 GARFIELD COUNTY CO distance of 69.25 feet; thence S52°57'45"E a distance of 120.64 feet thence S63°09'20"E a distance of 83.59 feet; thence S73°00'34"E a distance of 59.43 feet to a point on said Westerly Right of Way line for Spencer Parkway; thence along said Westerly Right of Way line N30°59'00"E a distance of 150.82 feet; thence leaving said Westerly Right of Way S70°49'20"E a distance of 819.47 feet to the Westerly Boundary line of a Parcel of land described in Special Warranty Deed recorded under Reception No. 727519; thence along said Westerly Boundary line the following three (3) courses: 105.26 feet along the arc of non -tangent curve to the left, having a radius of 1460.00 feet, a central angle of 04°07'50" and subtending a chord bearing of N26°30'21 "E a distance of 105.23 feet; thence N24°26'26"E a distance of 486.76 feet; thence 121.62 feet along the arc of a curve to the left, having a radius of 460.00 feet, a central angle 15°08'53" and subtending a chord bearing of N16°51'59"W a distance of 121.26 feet; thence continuing 74.60 feet along an arc to the left, having a radius of 460.00 feet, a central angle of 09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast Corner of a Parcel of land described under Reception No. 502529; thence along the Southerly Boundary line of said Parcel the following three (3) courses: N56°45'01"W a distance of 317.60 feet; thence N74°24'26"W a distance of 223.22 feet; thence N50°57'10"W a distance of 171.76 feet to the Easterly Right of Way of said Spencer Parkway; thence along said Easterly Right of way 396.39 feet along the arc of a non -tangent curve to the right, having a radius of 950.00 feet, a central angel of 23°54'25" and subtending a chord bearing of N17°54'03"E a distance of 393.52 feet; thence leaving said Easterl --Right of Way N35°39'18"W a distance of 108.82 feet to the point of beginning. Said Parcel contai s 76.26 acres more or less and is subject to easements and encumbrances of record. 3. A Parcel of land located in unplatted landssof Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section`" 1 18 & 17 Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Corner of said Section 8 bears N40°50' 16"E a distance of 5894.33 feet, with all bearings being relative to a bearing of NOO°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N73°00'34"W a distance of 59.43 feet; thence N63°09'20"W a distance of 83.59 feet; thence N52°57'45"W a distance of 120.64 feet; thence N62°23'49"W a distance of 69.25 feet; thence N69°57'06"W a distance of 63.31 feet; thence N84°07'30"W a distance of 64.54 feet; thence N70°42'38"W a distance of 60.44 feet; thence N73°15'50"W a distance of 736.08 feet to a point on the Easterly boundary line of Burning Rock Subdivision as recorded May 28, 1986 under Reception No. 371427; thence along said Easterly boundary line the following three (3) courses: S16°44'10"W a distance of 759.48 feet; thence S65°00'15"W a distance of 1143.06 feet; thence S01°42'35"W a distance of 335.15 feet to a point on the Northerly boundary line of Willow Creek Village, Section 2 as recorded December 8, 1981 as Reception No. 322310; thence along said Northerly boundary line the following five (5) courses: S29°17'15"E a distance of 310.72 feet; thence S81°11'11"E a distance of 580.86 feet; thence S58°05'59"E a distance of 115.43 feet; thence N82°36'07"E a distance of 108.66 feet; thence S01 °05'52"W a distance of 159.34 feet to the Northwest corner of a a Parcel of land described under Reception No. 316688; thence along the boundary line of said Parcel for following two (2) courses; S88°54'08"E a distance of 208.92; thence S01°05'52"W a distance of 220.21 feet to a point on the Northerly right of way line of South Battlement Parkway as recorded under Reception No. 398297; thence along said Northerly Right of Way line the following four (4) courses: 132.67 feet along the arc of a curve to the right, having a radius of 622.96 feet, a central angle of 12°12'09" and subtending a chord bearing of S70°23'20"E a distance of 132.42 feet; thence S64°17'16"E a distance of 231.81 feet; thence 264.69 feet along the arc of a curve to the left, having a radius of 522.96 feet, a central angle of 29°00'00" and subtending a chord bearing of S78°47'16"E a distance of 261.88 feet; thence N86°42'44"E a distance of 103.85 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following two (2) courses: 27.09 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 77°36'18" and subtending a chord bearing of N47°54'35"E a distance of 25.07 feet; thence N09°06'26"E a distance of 386.00 feet to a point on the boundary line of First Eagles Point as recorded September 22, 2004 under Reception No. 3 1111 El 'iiJ0411,10 iNrit4YIRIV.101,Iiliii 11 III Reception#: 740298 12/31/2007 12:01:32 PM Jean Alberico 4 of 7 Rec Fee $36.00 Doc Fee.0.00 GARFIELD COUNTY CO 660191; thence along said boundary line of First Eagles Point the following Seventeen (17) courses: N54°07'28"W a distance of 314.02 feet; thence N55°41' 19"W a distance of 265.45 feet; thence N78°39'50"W a distance of 296.32 feet; thence N81°45'01"W a distance of 297.02 feet; thence N81 °57'04"W a distance of 145.63 feet; thence N75°45'00"W a distance of 370.19 feet; thence N22°01'45"W a distance of 154.99 feet; thence N06°18'36"W a distance of 114.85 feet; thence N54°39'55"E a distance of 55.12; thence N59°01'20"E a distance of 77.70 feet; thence N72°50'04"E a distance of 193.51 feet; thence S77°45'09"E a distance of 177.92 feet; thence S73°14'55"E a distance of 425.47 feet; thence N54°40'52"E a distance of 470.22 feet; thence S84°56'46"E a distance of 248.40 feet; thence S65°52'14"E a distance of 148.32 feet; thence S26°51'31"E a distance of 82.97 feet to a point along said Spencer Parkway Westerly Right of Way the following two (2) courses: 105.35 feet along the arc of a non -tangent curve to the right, having a radius of 650.00 feet, a central angle of 09°17'12" and subtending a ' chord bearing of N26°20'24"E a distance of 105:24 feet; thence N30°59'00"E a distance of 846.41 feet to the point of beginning. Said Parcel contains(52.80 acres more or less. Said Parcel is subject to easements and encumbrances of record. 4. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line of the East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Comer of said Section 8 bears N22°42'28"E a distance of 3772.70 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Westerly Right of Way line the following two (2) courses: SOI°41'08"W a distance of 407.27 feet; thence S00°59'21 "W a distance of 865.52 feet to the Northeast Corner of a parcel of land described in the Special Warranty Deed recorded under Reception No. 727519; thence along the Northerly boundary of said School Parcel the following seven (7) courses: N76°07'19"W a distance of 854.61 feet; thence N08°46'47"E a distance of 418.88 feet; thence N82°55'19"W a distance of 44.28 feet; thence N63°58'43"W a distance of 279.40 feet; thence N57°48'47"W a distance of 115.39 feet; thence S74°08'54"W a distance of 55.18 feet; thence N61 ° 13'35"W a distance of 27.90 feet; thence 74.60 feet along the arc of a non -tangent curve to the left, having a radius of 460.00 feet, a central angle of 09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast corner of a parcel of land described at Reception No. 502529; thence along the Easterly boundary of said parcel N00°00'00"W a distance of 442.32 feet; thence leaving said Easterly boundary N52°24'27"E a distance of 88.42 feet; thence S64°18'03"E a distance of 428.17 feet; thence S83°43'30"E a distance of 172.14 feet; thence S54°03'08"E a distance of 109.24 feet; thence S71°06'37"E a distance of 73.94 feet; thence S67°01'27"E a distance of 419. feet; thence S49°57'25"E a distance of 110.81 feet to the point of beginning. Said Parcel contains 35.67 acres more or less. Said Parcel is subject to easements and encumbrances of record. 5. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North & East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8 bears N64°1 1'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Southerly & Westerly Right of Way line the following three (3) courses: S77°24'1 1"E a distance of 343.47 feet; thence 1512.78 feet along the arc of a curve to the right, having a radius of 1095.92 feet; a central angle of 79°05'22" and subtending a chord bearing of S37°51'33"E a distance of 1395.50 feet; thence S01°41'08"W a distance of 1038.62 feet; thence N49°57'25"W a distance of 110.81 feet; thence N67°01'27"W a distance of 419.92 feet; thence N71°06'37"W a distance of 73.94 feet; thence 4 1111IY" I ! ►�MI��P�I1��i��«�i��1�i� �U��1��1�1':N��� 11111 Reception#: 740298 12/31/2007 12:01:32 PM Jean Alberico 5 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO N54°03'08"W a distance of 109.24 feet; thence N83°43'30"W a distance of 172.14 feet; thence N64°18'03"W a distance of 428.17 feet; thence S52°24'27"W a distance of 88.42 feet to the Northeast corner of a Parcel of land described at Reception No. 502529; thence along the Northerly boundary line of said Parcel the following two (2) courses: N49°20'08"W a distance of 359.28 feet; thence N79°37'28"W a distance of 224.18 feet to a point on the Easterly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence N35°39'18"W a distance of 108.82 feet to a point on the Westerly Right of Way line of said Spencer Parkway; thence along said Westerly Right of way the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right, having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending' afford bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contain 5� 6.17\\acres more or less. Said Parcels are subject to easements and encumbrances of record. `•"-�� 6. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Easterly Right of Way line of the East Battlement Parkway as recorded under Reception No. 398268, whence the Northeast Corner of said Section 8 bears N29°49'10"E a distance of 2672.29 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Easterly Right of Way line the following two (2) courses: 126.66 feet along the arc of a curve to the right, having a radius of 1195.92 feet, a central angle of 06°04'05" and subtending a chord bearing of S01 °20'54"E a distance of 126.60 feet; thence S01 °41'08"W a distance of 1445.16 feet to a point on the boundary line of said unplatted lands of Battlement Mesa PUD; thence along said boundary line S88°43' 14"E a distance of 993.55 feet; to the Southwest Corner of Lot 1, Block 1, The Highlands Filing 1 according to the Final Plat thereof recorded under Reception No. 344062; thence along the boundary of said Lot 1 the following six (6) courses: N01 ° 16'46"E a distance of 325.00 feet; thence N 16°26'22"E a distance of 62.35 feet; thence N48° 16'46"E a distance of 58.00 feet; thence S88°43'14"E a distance of 180.00 feet; thence S01°16'46"W a distance of 60.00 feet; thence S35°04'04"E a distance of 97.85 feet to the East Boundary Line of said Section 8; thence along said East Boundary line N01°33'31"E a distance of 1028.10 feet to the East 1/4 Corner of said Section 8; thence continuing along the East Boundary line of said Section 8 N00°58'10"E a distance of 96:88 feet; thence N81°37'17"W a distance of 1300.28 feet to the point of beginning. Said Parcel contains 41.35 ares more or less. Said Parcel is subject to easements and encumbrances of record. 1 0 7. Tract 3, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according \ `4 ,� to the plat recorded February 8, 2006 as Reception No. 691970 `r i v 8. Tract 4, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according ,. to the plat recorded February 8, 2006 as Reception No. 691970 9. Tract 5, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according e� O to the plat recorded February 8, 2006 as Reception No. 691970 S `8A. 10. Tract 6, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 69197 11. A parcel of land situated entirely within a tract of land described at Reception No. 408506, also being S �c entirely with the Battlement Mesa P.U.D., County of Garfield, State of Colorado, Sections 7 and 18, 5 1111 l�Y�� �' � '1 � ���+�;�i�,L 'fa��Lf `lwi� � �� Pi 11111 Reception#: 740298 12/31/2007 12,01:32 PM jean Aiberico 6 of 7 Rec Fee:$36.O0 Doc Fee:O.O0 GARFIELD COUNTY CO / 12. ( l3 Township 7 South, Range 95 West of the 6'1' Principal Meridian, being more particularly described as fol lows: Beginning at the northwest comer of The Fairways, Phase I, recorded as Reception No. 530565 also being on the east right-of-way line of Battlement Parkway West; thence along the easterly right-of-way of said Battlement Parkway West of the following three (3) courses: 471.88 feet along the arc of a curve to the right, having a radius of 950.00 feet, a central angle of 28°27'35", and subtending a chord bearing N 61°01'12" E a distance of 467.04 feet; thence N 75°15'00" E a distance of 340.50 feet; thence 429.83 feet along the arc of a curve to the left, having a radius of 550.00 feet, a central angle of 44°46'40", and subtending a chord bearing N 52°51'40" E a distance of 418.98 feet to an angle point along the westerly line of Lot 1, Block 2, Burning Rock Subdivision recorded as Reception No. 371427 of the records of the Clerk and Recorder of said Garfield County; thence the following four (4) courses along the westerly boundary of said Lot 1; S 51°00'00" E a distance of 186.70 feet; thence S 00°00'00" E a distance of 310.00 feet; thence S 55°29'30" W a distance of 754.25 feet; thence S 30°40'00" W a distance of 605.59 feet to the north line of Willow Creek Village, Section No. 2, recorded as Reception No. 322310 of said Garfield County records; thence N 57°39'08" W a distance of 277.40 feet along the north line of said Willow Creek Village, Section No. 2 to the southeast corner of said The Fairways, Phase I; thence along the easterly and northerly boundary of said The Fairways, Phase I the following thirteen (13) courses: N 00°31'24" W a distance of 20.64 feet; thence N 12°20'41" E a distance of 44.00 feet; thence 23.36 feet along the arc of a non tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°12'39", and subtending a chord bearing N 33°03'00" W a distance of 21.07 feet; thence 33.36 feet along the arc of a compound curve to the right, having a radius of 100.00 feet, a central angle of 19°06'41", and subtending a chord bearing N 21°06'40" E a distance of 33.20 feet; thence N 30°40'00" E a distance of 235.19 feet; thence 50.32 feet along the arc of a curve to the right, having a radius of 200.00 feet, a central angle of 14°25'00", and subtending a chord bearing N 37°52'30" E a distance of 50.19 feet; thence 23.54 feet along the arc of a curve to the right, having a radius of 15.00 feet, a central angle of 89°53'50", and subtending a chord bearing S 89°58'05" E a distance of 21.19 feet; thence N 44°58'50" E a distance of 44.00 feet; thence N 45°01'10" W a distance of 145.40 feet; thence 23.54 feet along the arc of a compound curve to the right having a radius of 15.00 feet, a central angle of 89°54'04", and subtending a chord bearing N 00°04'08" W a distance of 21.19 feet; thence N 34°52'57" W a distance of 44.66 feet; thence 23.40 feet along the arc of a non -tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°22'04", and subtending a chord bearing N 89°42'12" W a distance of 21.10 feet; thence N 45°01'10" W a distance of 163.18 feet to the point ofbeginning. Beim a 36.77 acre parcel of land situated in the East half of Section 13, Township 7 South, Range 96 West of the 6`s"`P'IVI:,'County of Garfield, Colorado, and being more particularly described as follows: Commencing at a point of reference for the southeast corner of said Section 13, and considering the line between the southwest quarter of Section 18 and the southeast quarter of Section 13 to bear North 01°05'12" East with all bearings contained herein relative thereto; thence North 41°18'27"'West 1906.04 feet to the point of beginning; thence South 75°25'51" West 1807.59 feet to a point on the boundary of the Battlement Mesa P.U.D. (Reception No. 333476); thence along the P.U.D. boundary the following seven (7) courses and distances: 1. North 30°21'25" East 80.00 feet, 2. North 35°25'25" East 644.58 feet, 3. North 29°17'25" East 829.38 feet, 4. North 40°24'25" East 99.86 feet, 5. North 36°27'25" East 150.05 feet, 6. North 34"54'25" East 163.27 feet, 7. North 31°12'21" East 266.75 feet, Thence departing said P.U.D. boundary and along the following two (2) courses and distances: 1. South 43°12'52" East 843.18 feet, 2. South 02°21'22" W. 807.89 feet to the point of beginning. A tract in the S1/2 of Section 13, Township 7 South, Range 96 West of the 61h P.M. more particularly I described as follows: 6 Ar r m XIII I"'NIC iIA I 'I�i1 I ,I 11111 Reception#: 740298 12/31/2007 12:01:32 PM Jean Alberico 7 of,7 Rec ree:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO Beginning at the southeast corner of Section 13, thence North 55°225'29" West 1180.60 feet to the point of beginning; thence South 59°29'16" West 1225.50 feet; thence North 88°52'30" West 202.82 feet; thence North 00°00' East 461.13 feet; thence North 81°10' West 955.94 feet; thence North 26°28'25" East 232.98 feet; thence North 30°21'25" East 126.15 feet; thence North 75°25'51" East 1807.59 feet; thence South 20°35'01" East 813.75 feet to the point of beginning. 14. Lot 2, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 15. Lot 1, Block 1, Monument Creek Village, Filing #4, according to the plat recorded January 29, 1986 as Reception No. 368452 16. A tract of land lying, and being situate within Section 19, Township 7 South, Range 95 West, of the Sixth Principal Meridian, in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point on the South right-of-way line of Stone Quarry Road, whence the quarter corner common to Sections 19 and 20, Township 7 South, Range, 95 West, of the Sixth Principal Meridian bears South 66°57'07" East, a distance of 2087.56 feet; thence South O1°25'26" East, a distance of 56.90 feet; thence South 64°46'28" West, a distance of 506.10 feet; thence South 86°10'00" West, a distance of 150.04 feet; thence North 69°31'58" West, a distance of 112.58 feet; thence North 07°52'20" West, a distance of 119.40 feet; to a point on the South right-of-way on Stone Quarry Road; thence North 80°15'34" East along the South right-of-way line of Stone Quarry Road, a distance of 738.00 feet, to the place and point of beginning. 17. That property identified as Common Open Space within Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 18. That property identified as Common Open Space within River Bluff Filing 9 — Replat, a part of the Battlement Mesa P.U.D., according to the plat recorded May 7, 1984 as Reception No. 352082 19. That property identified as Open Space within Jack's Pocket Village Filing 5, a part of Battlement Mesa P.U.D., according to the plat recorded February 22, 1988 as Reception No. 389773 20. Tract D, Block 2, The Fairways, Phase I, according to the final plat recorded August 17, 1998 as Reception No. 530565 21. That property identified as Restricted Reserve "B" within Stone Ridge Subdivision, a Resubdivision of Blocks 4, 5, 6, 7, 8, 9, 10 and 11, Monument Creek Village, Section Two, Battlement Mesa P.U.D., according to the plat recorded July 31, 1995 as Reception No. 481259 22. Lot 1, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 23. Lot 3, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 24. Block 1, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat I recorded May 28, 1986 as Reception No. 371427 7 1111 Ell FAINTNCI+i!;14111,«`igil I 11411. LH 11 11 1 Reception#: 740446 01/02/2008 03:58:27 PM Jean Alberico of 2 Rec Fee $11.00 Doc Fee:0,00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 315` day of December, 2007, between BATTLEMENT MESA REALTY PARTNERS, a Colorado general partnership, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate Lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD BATTLEMENT R ' LTY PARTNERS a Colorado ge -r artn• . ip By Name: Eri a Title: Authorized Agent • The foregoing instrument was acknowledged before me this 3151 day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Realty Partners, a Colorado general partnership. Witness my hand and official seal. � My commission expires: Notary Public um mini. n1iatii,LWily!o!L `Ti'i'lor4,1,11111 f Reception#: 740446 01/02/2008 03:58:27 PM Jean Rlberico 2 of 2 Rec Fee:$11.00 Doc Fee:0.00 GPRFIELD COUNTY CO EXHIBIT A 1_ Lot 2, Block 1, Town Center Filing No. 1, according to the plat recorded November 16, 1981 as Reception No. 321536 (Garfield County Assessor Parcel No. 2407-172-01-002) 2. That property identified as Open Space within Willow Creek Village Section No. 2, a part of Battlement Mesa P.U.D. according to the plat recorded December 8, 1981 as Reception No. 322310 (Garfield County Assessor Parcel No. 2407-181-00-005) 3. Block 2, Willow Creek Village Section No. 2, according to the plat recorded December 8, 1981 as Reception No. 322310 (Garfield County Assessor Parcel No. 2407-181-00-004) 4. Lot 1, Block 8, Saddleback Village #1, a replat of a portion of Tamarisk Subdivision Filing No. 1, a part of Battlement Mesa P.U.D., according to the plat recorded July 19, 1988 as Reception No. 393852, with a property address of 59 Tamarisk Trail, Battlement Mesa, Colorado (Garfield County Assessor Parcel No. 2407-191-08-001) 5. Lot 1, Block 29, Saddleback Village #1, a replat of a portion of Tamarisk Subdivision Filing No. 1, a part of Battlement Mesa P.U.D., according to the plat recorded July 19, 1988 as Reception No. 393852 (Garfield County Assessor Parcel No. 2407-192-08-001) 6. Lot 1, Block 28, Saddleback Village #1, a replat of a portion of Tamarisk Subdivision Filing No. 1, a part of Battlement Mesa P.U.D., according to the plat recorded July 19, 1988 as Reception No. 393852 (Garfield County Assessor Parcel No. 2407-192-20-001) ■Ii N1 rjl:VIintifite tlijiJ Alit i.rt:Ini ilrlf1 11I III !Nee ptlonti; 760495 1212312008 f2 aa:311 , 00Doc Flnaan Feep0.00 ico GRRF1ELO COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 31" day of December, 2007, between BATTLEMENT PLAZA TOWN CENTER LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and. Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows; See Exhibit A attached hereto and made a part hereof. SUBJECT To THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO TOLD the said premises above bargained and described with the appurtenances, unto the Grantee; its successors and assigns forever. The Grantor, for itself; its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above, STATE OF COLORADO COUNTY OF GARFIELD ) ss. ) BATTLE. a Colorado 1i By I' OWN CENTER LLC ity company Name: - chmela Title: Authorized Agent The foregoing instrumentwas acknowledged before me this 3l" day of December, 2007, as Authorized Agent for Battlement Plaza Town Center LLC, a Colorado limited liability compat Witness my hand and official se My commission expires: g Notary Public k.I r �111YfWO114114 IX14110111% ).1Clikk 11111 Receptiot; 79049'3 2/23,2000.02:20:13-rn Sean Hioerico 2 o/ 2 Ree Fue;$11 00 Doc fee,0.00 GARFIELD COUNTY CO EXHIBIT A 1. Lot 1, Block 1, Town Center Filing No. 3, according to the plat recorded October 8, 1986 as Reception No. 375170 (Garfield County Assessor Parcel No. 2407-172-08-001) 2. Lot 3B, Block 1, Town Center Filing No. 1, according to the amended plat recorded November 16, 1999 as Reception No. 555449 (Garfield County Assessor Parcel No. 2407.172-01-007) 3. Lot 2, Block 1, Town Center Filing No. 2, according to the plat recorded October 8, 1986 as Reception No. 375169 (Garfield County Assessor Parcel No. 2407-172-07-002) Battlement Mesa Land Investments Town Center 3 QUI MF. lt'THIMII411 1 FAIN+ IIIrJ1{v ' i X 111 ReceptionIt: 760498 12r23f20ea 02.20.13 PM Jean Albertco 1 or 2 Rec Fe ;$11.00 Deo Fee.0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 31ST day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS TOWN CENTER 3 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEME a Colorado li By Name: Eri mela Title: Authorized Agent AND INVESTMENTS, LLC company STATE OF COLORADO ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 31" day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land Investments LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: t•\ K.- L Notary Public 1i111M ) #MIi ri45141114lh ,411.1 tly1lu li .i IU Reception#: 760498 12/23/2008 02:20:13 PM Joan AlberIca 2 o/ 2•Reo Fee:$11.00 Doo Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Lot 1, Block 1, Town Center Filing No. 3, according to the plat recorded October 8, 1986 as Reception No. 375170 (Garfield County Assessor Parcel No. 2407-172-08-001) Burning Rock B2 L2 ■111FltiP'1,M1I{NrC,tiViVrile1/4 'i411+.;` .41411 III Reception#: 740459 01/02/2008 04;10:39 PM Jean Alberico 1 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 315.1- day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and BURNING ROCK B2L2 LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and "assigns forever, all the real property together with improvements, if any, situate Tying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT To THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD BATTLE a Colorado By Name: E mela Title: Authorized Agent 'ted lia LAND INVESTMENTS, LLC lity company The foregoing instrument was acknowledged before me this 315r day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Land investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Li _a OQ Notary Publ{c SALLY GEIB VAGNEUR NOTARY PUBLIC STATE ( COLORADO My COMM11i.i , gapires 05/01/2009 ;ljah,rolV'Gh11'I 4 `I40L1Ifl'iAli 11111 Reception#: 740459 01/02/2008 04:10:39 PM Jean Alberico 2 of 2 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Lot 2, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 (Garfield County Assessor Parcel No. 2407-071-09-002) Lot 4, Block 2, Burning Rock Subdivision, according to the final plat recorded May 28, 1986 as Reception No. 371427 (Garfield County Assessor Parcel No. 2407-082-09-004) Green Head Investments 1, LLC 1111 �I Reception4:n#: 740454 40454 01/02/2008 04:04.50 PM Jean Alberico 1 of 2 Rec Fee:$11.00 Doc Fee:O 00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this _ 3 1 St- day of December, 2007, between BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, (Grantor), and GREEN HEAD INVESTMENTS -1 LLC, a Colorado corporation, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcels. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEM a Colorado li By _ Name: Er Title: Aut orized Agent ND INVESTMENTS, LLC company STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged before me this 3151 Eric Schmela as Authorized Agent for Battlement Mesa Land Investments, LLC, a j ado limiday ofitted I ability company.ecembr, 2007, Witness my hand and official seal. My commission expires: _ IrA Notary Public rS SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/01/2009 1111 P'Zrad 1,WW1111111WelfCi1 III Reception#: 740454 01/02/2008 04:04:50 PM Jean Alberico 2 of 2 Rec Fee:$11 00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A 1. Being a 36.77 acre parcel of land situated in the East half of Section 13, Township 7 South, Range 96 West of the 6`h P.M., County of Garfield, Colorado, and being more particularly described as follows: Commencing at a point of reference for the southeast corner of said Section 13, and considering the line between the southwest quarter of Section 18 and the southeast quarter of Section 13 to bear North 01°05'12" East with all bearings contained herein relative thereto; thence North 41°18'27" West 1906.04 feet to the point of beginning; thence South 75°25'51" West 1807.59 feet to a point on the boundary of the Battlement Mesa P.U.D. (Reception No. 333476); thence along the P.U.D. boundary the following seven (7) courses and distances: 1. North 30°21'25" East 80.00 feet, 2. North 35°25'25" East 644.58 feet, 3. North 29°17'25" East 829.38 feet, 4. North 40°24'25" East 99.86 feet, 5. North 36°27'25" East 150.05 feet, 6. North 34°54'25" East 163.27 feet, 7. North 31°12'21" East 266.75 feet, Thence departing said P.U.D. boundary and along the following two (2) courses and distances: 1. South 43°12'52" East 843.18 feet, 2. South 02°21'22" W. 807.89 feet to the point of beginning. (Garfield County Assessor Parcel No. Parcel 2409-134-00-019) 2. A tract in the S1/2 of Section 13, Township 7 South, Range 96 West of the 6th P.M. more particularly described as follows: Beginning at the southeast corner of Section 13, thence North 55°225'29" West 1180.60 feet to the point of beginning; thence South 59°29'16" West 1225.50 feet; thence North 88°52'30" West 202.82 feet; thence North 00°00' East 461.13 feet; thence North 81°10' West 955.94 feet; thence North 26°28'25" East 232.98 feet; thence North 30°21'25" East 126.15 feet; thence North 75°25'51" East 1807.59 feet; thence South 20°35'01" East 813.75 feet to the point of beginning. (Garfield County Assessor Parcel No. 2409-134-00-020)