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HomeMy WebLinkAbout1.0 Application• GARFIELD COUNTY · Building & Planning Departm en! 108 81 " Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com . TAKINGS DETERMINATION APPLICATION See Article 12, Sec. 12-107 of the Unified Land Use Resolution of 2008 GENERAL INFORMATION (Please print legibly) Name of Property Owner:Battlement Mesa Land Investments, LLC Mailing Address: 73 G. Sipprele Drive Telephone: (970) 285-4781 City: Battlement Mesa State: CO Zip Code: 81635 Cell:(___) __ _ E-mail address: eschmela@battlementmesa.com FAX: (_) ___ _ Name of Owner's Representative. if any, (Attorney, Planner, Consultant. etc): _Christopher L. Coyle, Esq., Balcomb & Green, P.C. Mailing Address: 818 Colorado Avenue Telephone: (970) 945-6546 City: Glenwood Springs State: CO Zip Code: 81601 Cell: L_) ___ _ E-mail address: chrisc@balcombgreen.com FAX: (970) 945-9769 Location of Property: Section 5 Township 7S Range 95W Assessor's Parcel Number: 2407-081-00-152 Practical Location I Address of Property: Northwest Corner of Battlement Mesa P.U.D. Date of Determination from Enforcement Official, Planning and Zoning Commission or Board of County Commissioners: August 7, 2009 (Recieved 8/10/09) Application date (see Article 12, Sec 12-107 for deadlines): August 12, 2009 Last Revised 1.16.09 General. A property owner \"''ho is an applicant for a development perTTiit. a land use change. subdivision approval or recipient of notice of potential violation "'mo believes they are adversely affected or aggrieved. by a determination by an Enforcernent Official. the Planning and Zoning Commission or the Board of County Commissioners and who believes or contends that the determination by any of the above referenced individuals, agencies or com1nissions constitutes .a taking of all economically' beneficial use of private property without just compensation in violation of the United states or Colorado constitutions or a taking of a vested property right. said property owner shaU. as a pre-requisite to any appeal. defense of or judicial review of a decision, request a hearing pursuant to this section before tl•e Board of County Com1nissloners. The following application materials are required for all Taking Determination hearings as per Sec 12-107 of the Unified Land Use Resolution (ULUR) of 2008: 1. Submit a completed and signed Application Form. 2. Please provide a narrative description of how the action for which the Takings Determination is requested deprives the applicant of all economical beneficial use of the property or of any vested property right in the property, including a description of what the vested right is, when applicable. 3. A description of the property and the property interest adversely affected by the determination. 4. Past and current uses of the property. 5. The petitioner's original purchase price for the property. 6. The assessed valuation for the property. 7. Appraisals and/or preliminary estimates of value made on the property. 8. Current mortgage principal balance and interest rate. 9. Past income generated by the property and expenses relating to the property. 10. Ownership structure for the property (partnership, corporation, etc.) 11. Owner's tax bracket. 12. Rental value of the property with and without offending determination. 13. Sale value of the property with or without the offending determination. 14.Any other information bearing on the difference in the value of the property with or without the offending determination. I have reviewed Sec 12-107 of Article 12 of the ULUR and read the statements above. ! ~~~ August 12, 2009 Christopher Date 2 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to· final action upon the application tendered to the County. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights-of-Way Sketch Plan Preliminary Plan I Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment I Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption I Amendment Major Exemption I Amendment Rural Land Development Option Exemption I Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan I Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review I Amendment Major Impact Review I Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) I Amendment Comprehensive Plan Amendment Variance Interpretation Takings Determination Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300 I $300 $400 I $300 $400 I $300 $250 $400 $400 I $300 $50 $250 $400 I $300 $525 / $400 $300 $450 $500 I $300 $450 $250 $250 NO FEE $50.50 $40.50 $33.75 $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats Final Plats, Exemption Plats) st ' $11 -1 page $1 O each additional page Mylar Recording Fee Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and ____ Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for--------- ____________________ (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. if actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature Date Print Name Mailing Address: Page 4 STATEMENT OF AUTHORllY I. This Statement of Authority relates to an entity named: BAITLEMENT MESA LAND INVESTMENTS, LLC 2. The type of entity is a: [ J corporation [ ) nonprofit corporation [X] limited liability company [ J general partnership [ ) limited partnership [ J registered limited liability partnership [ J registered limited liability limited partnership [ J limited partnership association [ ) unincorporated nonprofit association [ J government or governmental subdivision or agency [ ) business trust [ ) trust 3. The entity is formed under the Jaws of: Colorado 4. The mailing address of the entity is: 73 G Sipprelle, Parachute, CO 81635 5. The [XJ nan1e(s), or [XJ position(s) of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity is/are: David A. Gitlitz, Managing Member Eric Schmela, Authorized Agent 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172, C.R.S. Executed thisd?JL day of December, 2007. MESA LAND INVESTMENTS, LLC, COUNTY OF f~~i.l d ) SS. ) ~"'-'( PU13 . ~r.·········!'o o.·· ... ~. . i \(.~ 1 \ .}E.t4SEN .: ·... --.l§. ~OF~ . . 11>1\\111\\\ STATE OF COLORADO ... ,,.£~ ('l'\ft"ili\(,;o..11 The foregoing instrument was acknowledged before me thisQLQ_ day ofDecerrt~er, l007 by David A. Gitlitz as Managing Member of Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: ~ / t I { & t t STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this r:1.Jl_ day ofDecembilV OOOO'sbyf£Jt~Bf!lml!11as Authorized Agent of Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official seal/ My commission expires: <, / i 1 J, Q / / I 2 K~£~ Notaiy Public u ( EXHIBIT I '· ~ ·, ... ~:· STATE OF ffiWRMXJ ) " ' ' ) SS. · County of Garfield ) At a regular meeting of the Board of County c.anmissioners for Garfield County, Col:orado, held at the Court House in Glenw::xx1 Springs on __ __,.,.,....-M..,.o.-Tn.-d_a,...,y ____ -.,.....,---.-----' the ~24th day of _M_a_y.__ ____ , A.O. 19 82, there we~$.ent: / -·1::-if/, t/ . (.--·-·· --, ./ { [·1--C.u-·· ,;? , ·Commissioner Chadman , Canmissione r -~-..>.<.--.,.,--..-..,...--1------- , Canmissioner --------------Earl Rhodes , Coun t y Attorney --.L'""""e_a_n_n_e._.,,,C._..1-e-...l_a_n_d-...-, -D=-e_p_u..,.t-y-, Clerk of the Board -------------- when the follqwiTY:J proceeding s, arrong others ~re hcrl ard done, to-wit : ', . RESOUJl'fON NJ . 82-121 A RESOLurrrn CDNCERNED WI'IH APPIDIAL OF A M)[)IFICATION TO THE .fUlNNED UNIT VE\IELOPMENT PLAN OF TilE azt.'ltLEMfiNT MESA PTANNED QNIT DEVEWPMENT , W'.IEREAS, Battlerrent Mesa, Inc . has filed a p:titioh with the Board of County Cornnissioners of Garfield County to rrodify the Planned unfi:· Development Plan of the Battlercent Mesa Planned Unit ~velo_prre~t; ard WHERF..AS, a p..iblic hearing was held by this Board' on April 19, 1982 ard contin~ to May 3, 1982; ard WHEREAS, based on the evidence , testirrony , ex h ibits, study of the Comprehensive Plan for the unincori:orated. area of the County, ccmrrents of the Garfield County Planning Department; c:orrments of p.Jblic officals and agencies, and corronents fran all interested. parties , this Board finds as follows: · .... · · . · 1. That proper p::>st ing, publication, ard 1public ·l)(Dtice ·was.' provided . aS: · ,:! require:J by law for the he aring before the Board; .. . , · . .. . , . 2. That .the h~aring b=fore the Board was exteflsiv~ :am'.ron!?~ete:, tha'·t . au : . p:?rtinent facts , matters ar.d issues >nere submitta:J ard ·that '«il.l ·fotetes"t.e::l pci:rtie9· were heard at that hearing; · · · · · .: : · ' ~ · · · ·. · · · 3. 'Ihat the Garfield. County Planni·ng Corronission ha ~ re~Med to 'this ·B?ard that the i equestoo m:x1ification of the Pianned. Unit. Developite~t· Pla:ti; f:!e : grant~~-· 4~ That the pro1:csed zoning i s in canpliance wl.th · tnl:i re~rdatio.ns ::see: ·: .. forth in the T.omprehensive Plan for the unincoq:orated. . .area bf tli~ cOunty; ·.; ".· , .. s. 'Ihat the proi;osea lam use will be canpatible Wfth t:?xistiaj· ~rrl i:erinttt(;rl larrl uses in the nearbY area; .. · · . . .: '. · ' · 6. :· That for the above-stated and other reasons , the' pi:qx:>sed'·"nodi:fication of the Planned Unit Developtrent Plan is in the best interest of:' toe· health, safe'ty; rrorals, convenience, order, prosperity and vklfa're·of tt)e cit'~zens 6f ·Ga r field · County; .. ' ·• f ·' ··-~ .. I NCNI, 'IIJEREFORE, BE IT RESOLVED by the Board of County Corranissioners of Garfield County, Colora::lo that the petition of Battlement Mesa, Inc. for a mxlification of the Planned Unit Development Plan of the Battlement Mesa Planned Unit development for the followirg described unincorp:iratErl area of Garfield County be an:'! hereby is granted and approved subject i::o the following cor<litions: . Lffil\L DESCRIPTION: EXHIBIT A attached 1. 'Ihat the Batttement Mesa Planned Unit Development shall consist of the following zoning districts, the boundaries of lkoich shall be indicated. up:>n final plat of Battlement Mesa Planned Unit Development, or various final plats thereof, which districts shall be identifie:l as follows: · SEE EXHIBITS 8 {TEXT) l\ND C (Ml\P) ATI'AOlED 2. All resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. '!his repealer shall not l:e construe:'l as reviving any resolution of part thereof. ATI'EST: \ EDA.RD OF {))lJN'IY CDMMISSIOOERS GARFIELD OOUNTY, ())LORJ\W Up:m motion duly made an:'l seconde:'l the foregoing Resolution was a::lopted by the following vote: STATE OF ())LORAW, ) )SS. county of Garfield ) Flaven J. Cerise Aye ~~~~~~~~~~~~~~~ Eu<>. ene Drinkhouse Aye ~~Q"-~~~~~~~~~~~ ~L=a~r=r~v~V~e~l=a=s~o=u=e=z~~~~~~Aye Canrnissioners I, , county Clerk and ex-officio Clerk of the Boai:d of County Ccm111ss1oners rn an:'! for ttie County and State aforesaid do hereby · certify that the annexed and for<09oing Order is truly copied frcrn the Records of the proceedings of the Board of County Ccmmissioners for said Garfield County, now in %' office. ·IN WI'INESS \\HEREOF, I ha11e hereunto set my hard ard affixed the seal of said County, at Glenw:xxl Springs, this day of A.D. 19 county Clerk and ex-officio Clerk of the Ebard of County Canmissioners ' · .. . . EA'HlBIT 11 t.11 REVISED PROPERTY DESCRJPTlON FOR BATTLEMENT MESA PLANNED UNIT DEVELOPMENT April 15, 1982 A parcel of land lying in Sections 5, 6, 7, 8, 9, 10, 16, 17, 18, and 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 'south. Range 96 West, of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range 95 \./est; Thence along the East line of Section 5, S 00" 15' 43" W a distance of 1628.34 feet, to the SE Corner of the N 1/2, NE 1/4, SE 1/4, SE 1/4 of Said Sectfon 5; Thence along the South line of the N 1/2, NE 1/4, st 1/4, SE 1/4, N 87" 19' ,30" \I a distance of 664.56 feet, to the S\./ Corner of said N 1/2, NE 1/4, SE 1/4, SE 1/4; Thence along the \.lest line of the·N 1/2, NE 1/4, SE 1/4, SE 1/4 of Section 5, N oo•· 23' 16" Ea distance of 324.34 feet, to the NW Corner of ->aid NE 1/4, SE i/4, SE 1/4; T~ence along the North line of the SE 1/4, SE 1/4 of said Section 5, N 87° 26' 14" W a distance of 663.79 feet, to the NW Corner of said .SE 1/4, SE 1/4; Thence along the \./est line of SE 1/4, SE 1/4 of said Section 5, S 00° 30' 52" W a distance.,of 12g2.05 feet; to the SW Corner of said 5£ 1/4, SE 1/4; Thence along the South line of said Section 5, S 86" 59' 25" Ea distance of 1333.74 feet, to the SE Corner of said Section 5; · Thence along the North line of Section 9, Township 7 South, Range 95 West, S 87° 59' 43" [a distance of 1326.37 feet, to the NE Corner of the NW 1/4, NW 1/4 of said Section 9; Thence along the East line·of the NW 1/4, NII 1/4 of said Section 9, S 01° 02' 26" W a distance of 1301.45 feet, to the SE Corner of Said NII 1/4; NW 1/4; Thence along the North lin~ of the SE 1/4, NW 1/4 of said Section 9, s 88° 02' 23" Ea distance of 1324.35 feet, to then~ Corner· of said s E l / 4 , NW 1I4 ; Thence along the North line of the Sii 1/4, llE 1/4 of said Section 9, S 88" 35' 51" Ea distance of 1275.60 feet, to ·the NE Corner of said Sil 1/4, NE 1/4; Thence along the West line of the NE 1/4, NE 1/4 of said Section 9, N 01° 04' 15" Ea distance of 1311.84 feet. to the NW torner of said HE 1/4, NE 1/4; Thence along the North line of said Section 9, S 89" 06' 43" Ea distance of 1274.26 feet, to the NE corner of said Section 9; Thence along the East line of said Section 9, S 01° 00' 4g" W a distance of 1323.29 feet, to the SE corner of the NE ·1/4, NE 1/4, of said Section 9; Thence along the North line of the SW 1/4, NW 1/4 of Section 10, Township 7 South, Range 95 Nest, S 88" 46' 55" Ea distance of 631.29 feet, to a point on the Horth line of the ~aid S\./ J'/4, .?lW 1/4, 6B7 feet West of the NE corner of said SN 1/4, H\./ 1/4, said point being the Northwest corner of that ·- ', Page 2 .. ~~~ \. ·,~:~; . ~·. ···.~.~;f parcel of land described in Document Number l 98564 as recorded in Book 302, at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parcel the following five (5) courses: (1) s oo· 49' 34" w a distance of 221.67 feet; (2) S 48° 09' 56" Ea distance of 361.92 to a point 456.00 feet, as measured at right angles, southerly from the North line of the Southwest 1/4, Northwest .1/4 of said .Section 10; (3) S 89." 17' 47" Ea distance of 166.55 feet; (4) s oo· 49' 34" w a distance of 201.43 feet; (5) 5 89° 17' 4.7" Ea distance of 246.37 feet; to a qoint on the East line of said SW 1/4, NW 1/4, 655 feet. South of the Northeast Corner of said SW 1/4, NW 1/4; Thence departing said parcel boundary along the East line of the SW 1/4, NW t/4 of said Section 10, S 00° 54' 36" W a distance of 667.20 feet, to the SE corner of said SW 1/4, NW 1/4; Thence along the East line of the NW 1/4, SW 1/4 of said Section 10, S oo· 54' 38" W a distance of 1315.11 feet,· to the SE corner of said NW 1/4, SW 1/4; Thence along th.e.South line of the NW 1/4. SW 1/4 of said Section 10, N '89• 11' 04" W a dist,ance of 1323.06 feet,. to the S\I corner of said NW 1/4, SW 1/4; Thence along.the South line of the H 1/2, SE 1/4 of Section 9, Township 7 Sout.h, Range 95 \./est H 87° 19' 11" W a distance of 2557.45 feet, to the SW corner o.f said H 1/2, SE 1/4; .Thence along the South line of the N 1/2, SW 1/4 of Section 9, M 88° 38' 08" II a distance of 2654.44 feet to the SW corner of said M 1/2, SW 1/4; . Thence along the South line of the NE 1/4, SE l/4 of Section B, Township 7 South, Range 95 West, N 88° 43' 49" \I a distance of133l .33 feet to the SW corner of said NE 1/4, SE 1/4 of Section 8; Thence ~long the West line of the SE 1/4, SE 1/4 of Section 8, S 01" 20' 14" W a distance of 1316.23 feet to the SW corner of said SE 1/4; SE 1/4 of Section 8; Thence along the East line of the W 1/2; HE 1/4 of Section 17, s Ol 0 00' 57" W a distance of 2639.16 feet, to the s·E corner of said W i12, NE 1/4 of Section 17; lhence along the Horth line of the NE 1/4, SE 1/4 of Section 17, S 88° 46' 04" Ea distance of 1324.13 feet, to the E 1/4 corner of Section 17; Thence along the Easterly line of the HE 1/4, .SE 1/4 of Section 17, S 01° OI' 24" w a distance of 1320.50 feet, to the SE corner of the NE 1/4, SE 1/4, of Section 17; Thence along the Horth line of the SI< 1/4, SW 1/4 of Section 16, Township 7 South, Range 95 West, S 87° 41' 13" Ea distance of 1330.94 feet, to t_he NE corner of said Sil 1/4, SW 1/4; Thence along the East line of the SW 1/4, SW 1/4 of Section 16, S 01° 03' 30" w a distance of 1322.00 feet to the SE corner of said SW 1/4, SW 1/4; Thence along the South line of said Section 16 N 87° 37' 18" W a distance of 1330.20 feet, to the Sii· corner of said Section 16; .;rJo·' ,:::::.:· ' Page 3 ... ·~= Thence along the South line of Section 17, Township 7 South, Rnage 95 West N 88° 44' 01" W a distance of 1984.49 feet, to the sw·corner of the E 1/2, SW 1/4, sCl/4; Thence along the West line of the E 1/2, SW 1/4, SE 1/4, N 00'59'11" E:; a distance .of 1319.91 feet, to the NW corner of. said E 1/2, S\.I 1/4, SE 1/4; Thence along the South line of the NW 1/4, SE 1/4 of said Section 17, N 88° 45' 02" \.I a distance of 661.78 feet, to the SW corner of said .NW 1/4, SE l /4; Thence along the South line of:the NE 1/4, SW 1/4, N 88° 45' 02" W a distance of 1158.SB feet, to a point lO·rods East of the SW corner of Said NE 1/4, S\.I 1/4; Thence H 01 • 03' 04" E a distance of 131. 93 feet; Thence N 88° 43' 44" W a distance of 165.63 feet; Thence N 00" 55' 58" E a distance of 527.66 feet, along the Wes~ line of the NE 1/4, SW 1/4 to.the NE corner of the S 1/2, NW 1/4, 5\./ 1/4; Thence N 88° 45 • 33" W 1324 .42 feet to the NE corner of the E l /2, SE l /4, NE 1/4, SE 1/4 of Section 18, Tow.nship 7 South, Range 95 West; Thence along the North line of the E 1/2, SE 1/4, NE 1/4, SE 1/4 of said Section 18, N 88" 24' 33" W a distance of 329.86 feet, to the NW corner of said East 1/2, SE 1/4, NE 1/4, SE 1/4; Thence along the West line of the E 1/2, SE 1/4, NE 1/4, SE 1/4 of said Section 18, S 00° 53' 57" W a distance of 659.61 feet to the Sf/ corner of said E 1/2, SE 1/4, NE 1/4, SE 1/4; Thence along the South line of the NE 1/4, SE 1/4 of said Section 18, N 88" 26' 07" W a distance'of 989.84 feet to the SW corner of said NEl/4,.SEl/4; . Thence along the East line of the SW 1/4, SE 1/4, of·said Section 18, s 00° 55' 21" Wa 'distance of 1320.46 feet, to the SE corner of said SW 1/4, SE 1/4; Thence along the East line of the W 1/2, NE 1/4 of Section 19, Township) South, Range 95 West, S 01" 06' 34" W a di.stance of 2642.08 feet, to the SE corner of said\./ 1/2, NE 1/4; Thence along the South line of the NE 1/4 of Section 19, N 88°41 '12" \.I a distance of 1329.89 feet, to the SW corner' of said NE 1/4; Thence continuing Westerly along the South line of the HW 1/4 of said Section 19, N 88" 41' 12" 2570.38 feet to the SW corner of said NW 1/4 of Section lg;, Thence continuing Westerly along the South line of.the HE 1/4 of Section 24, Township 7 So~th, Range 96 \./est, N 89" 32' 43" \./a distance of 2673.12 feet to the SW corner of said HE 1/4; Thence along the West line of Said HE 1/4, H 00° 23' 55" W 1023.06 feet; Thence N 01°·25' 42" E 229.68 feet; Thence N 66° 11' 04" W 236.83 feet; Thence N 34° 29' 42" E 1613.03 feet; Thence N 88" 52' 30" W 202.82 feet; Th.ence N 00" 00' 00" E 461 .13 feet; Thence N 81" 10' 00" W 955.94 feet to the centerline of the Colorado River; Thence along said center the following courses and distances; H 26" 28' 25" E 232.98 feet; !~30"21' 25" E 206. 15 feet; N 35° 25' 25° E 644.58 feet; H 29" 17' 2s 11 E 829.38 feet; !l40°24' 25 11 E 99.86 feet; N 36". 27' 25" E 150.05 feet; " ( (~~)-.,:;.. t'l;';:lf ' Page 4 , ·~: N 34° 54' 25" E 163.27 feet; N 31° 12' 21" E 266.75 feet; N so• 36' 25" E 686.79 feet; H 72° 23' 50" E 390.96 feet; N 76° 17' 12" E 151.22 feet; N 77° 41' 27" E 463. 54 feet; N.79° 53' 07" E 281.99 feet; N 79• 01' 50" E 87:91 feet; N 62° 57' 39" E 257.89 feet; N 27° 17' 27" £ 312.44. feet; H 40" 46' 59" E 126.43 feet; N 24" 17' 40" E 197.27 feet; tt 32° 26' 39" E 124. 13 feet; N 60° 01' 18" E 109.42 feet; N 74° 02' 49" E 226.07 feet; N 78" 19' 08" E 154.17 feet; N so• 40' 20• E ·444_c5 feet; N 35° 52' 21" E 149.32. feet; IJ 26° 41' OZ" E 150.34 feet; N 14° 13' 25" E 511.69 feet; tt 24" 54' 48" £ 241.07 feet; H 14° 40' 02" E 996.76 feet; H 04° 23' 25" II 274.60 feet; H 08" 35' Q.4" E 215.19 _feet; H 20• 08' 11" E 79.88 feet; N 32° 27' 48" E 71.69 feet; Thence leaving said Colorado River centerline S 81° 08' 11" E 526.15 feet; Thence North 01" 04' 10" East a distance of 485.22 feet; Thence South 88° 24' 35" East a distance of 83.00 feet; Thence North 53" 18' 25" East a distance of 635.50 feet to the southerly Right-Of-Way of the existing County Road; · Thence along said Right-Of-Way South 43" 14' 11" East a distance of 55. 74 feet; Thence continuing along said Right-Of-Way South 34° 04' 07" East 107.02 feet; Thence continuing along said Right-Of-Way South 15" 35' 44" East 66.56 feet: Thence Horth 72° 19' 16" West a distance of 13.56 feet; Thence South 79" 47' 18" }lest a distance of Z4.89 feet; Thence South 37" 23' 26" West a.distance of 100.52 feet;_ Thence South 06" 07' 27" West a distance of 83. 52 feet; Thence North ~8° 48' 43" East a distance of 85.28 feet to the westerly Right-Of-Way of the existing County Road; Thence along sa-id Right-Of-Way the fa 1l owing courses and di stances; South 10° 11' 10" East a distance of 50.84 feet; Thence.244.26 feet along the arc of.a curve to the left having a radius of 1611.94 feet, the chord of said curve bears South 02° 50' 01" East a distance of 244.03 feet; Thence 331.22 feet along the arc of a curve to the left having a radius of 270.10 feet the chord of said curve bears South 42" 18' 28" East· 310.85 feet; Thence South 77° 25' 36" East a distance of 249.91 feet; " f I ..-::~) .. Page 5: Thence South 82° oo• 16" East 142.25 feet; Thence leaving said County Raad Right-Of-\.lay North 13° 52' SB" East a distance of 60.00 feet; Thence South 76° 07' 01" East a distance of 196.00 feet; Thence South 66° 03' 01" East a distance of 92.80 feet; Thenc:e North 64° SO' 00 11 Ea st a .distance of 12.Zd feet; Thence South 86 ° 4 4 ' 06" East a distance of 201.00 feet; Thence Nor.th 01 • 36' 29" East a distance of 6SO.OO feet; Thence North 86° 44' 01" \./est a distance of 359.55 feet; Thence North 01 ° 36' 05" East a distance of 469.21 feet; Thence North 01 ° 32' 1 S" East a distance of 568.40 feet; Thence North 01 ° 39' 14" East a distance of 355.62 feet; Thence North BS 0 54' 03 11 \.lest a distance of 597.54 feet to the centerline ' of the Colorado River; Thence al~ng said centerline the following courses and distances.: N 30° 34' 03" E 126. 48 feet; ·N n· 14' 23 11 E 262.86 feet; !~: N 03° 21 ' 52 11 E 244.98 feet; N 06° 43. _43" E 149.36 feet; N 09° 50' 22° w 130 -18 feet; N 1s 0 44' 44" \.I 24 9. 17 feet; N 23° 23' 56" E S95 -97 feet; N 29° 30 1 \4.0 11 E 146.SO feet; N 43° 21' 22 11 E 437.13 feet; N 53° 22' 38 11 E 517.59 feet; N 60° 37' 24 II E 639.59 feet; N·sa· 44' 59". E 242.35 feet; N 68° 18. 39 11 E 236.76 feet; N 74 ° 06' 4zr1 E 340.B7 feet; N 86° 52' 08" E 446 .. 66 feet; N BB" 43' 4511 E 270.Sli feet~ s 83° 05' 32" E l 9B. 26 feet; N 78° 27' 53 11 E 6.18. 98 feet; N 76° 29' 4511 f 483.05 fee.t; N 4 9° 07' 36" E S93.26 feet; Thence leaving said Colorado River centerline S 87° 53' 17" E a distance of 2282.68 feet along the North line of the SE 1/4 of said Section 5, Township 7 South, Range 95 \.lest of the Sixth Principal Meridian to the point of beginning and containing 3231.348 acres, more or less. EXCEPTING A parcel of land located In Section 18, Township 7 South, Range 95 We~t ,. ' ;1 .\ :·. ' ~' ., r:·:.,, '•.;\:- ?/:; ....... • Page 6 of the Sixth Principal Meridian and more particularly described as follows; Beginning at a .point whence a Bureau of Recla111ation Brass Cap monumenting th·e West 1/4 corner of said Section 18 bears H ·ae• 23' 00" \lest 777. 00 feet; Th.ence North 17" 37' 00" East 1 B0.00 feet; Thence South BB" 23' 00" East 457.16 feet; 188.29 feet; Thence South 24° 50' 39" \lest Thence North BB" 2.3' 52" \.lest 432.52 feet to the point of beginning and containing 1.767 acres more or less. ALSO EXCEPTiflG " A parcel of la.nd located in the E 1/2, NE 1/4 of Section 9, Township 7 South, Range 95 \.lest of the Sixth Principal Meridian lying South of the centerlin·e of the existing County Road which bisects said E 1/2, NE 1/4 being more fully described as follows. Beginning at the South West corner of the E 1/2, NE 1/4 of said Sect ion 9; Thence North Ol" 04' 15" East 1326,43. fee.t.to ... the. center. 1 ine of the existing County Road; Thence along said centerline the fo1lowing courses South 88° 05' 38" East 606.75 feet; Th.ence 173. 76 feet along the arc of a curve to the 1eft having a central angle of 36° SO' 00", a radius of 270.29 feet, and a chord that bears North 7.3° 13' 49" East 170.52 feet; Thence Horth 54° 33' 16" East· 112.11 feet; Thence 266.93 feet a1ong the arc of a curve to the right having a central ·angle of 79° 30' 00" , a radius of 192.38 feet, and a chord that bears South 79° 26' 03" East 222.24 feet; Thence South 54" 46' 19" East 238.44 feet; 'The-nee leaving said road centerline South 01° 00' 49'~ \lest 1284.83 feet: along the East line of said E 1/2, HE 1/4 to the SE corner of said E 1/2, NE 1/4; Thence North 88° 05' OJ" West 1277 .04 feet along the South line of said E 1/2, NE 1/4 to the point o~ beginning and containing 39.921;; acres more or less. '' ... · .. ···~ f':.: EXHIBIT 11 B" BA'ITLEMENT MESA PLl\NNED UNIT DEVEIDPMENT DISTRICT REGULATIONS The land use districts within the Battlement Mesa Planned. Unit Development shall be governed· in confoi:mi.ty with the following r~ulations: 1.0 RDR -Rural Density Residential 1. 1 Uses, by right; Detached single-family dwellings and customary accessory uses, including buildings for shelter or enclosure of anlinals or property accessory to use of the lot for single-family residential purposes and fences, hedges, gardens, walks, aril si.inilar landscape features; park. 1.2 Uses, ronditional: Church, school, ccmmunity building, day-nursery, fire station, c!rrl other public uses. 1.3 Uses, special: .Extractfon an:'l processing of natural resources. 1.4 Intensity of Use: A maximcrrr of 1.0 dwelling llflit per gross acre. 1. 5 Minimum lot Area: 12,500 square feet. 1.6 Maximum Site Coverage: For detached single-family dwellings, without cararon area as part of the'<. plat at time of subdivision, not rrore than 45% of each lot shall be oovered by buildings aril parking areas. For detached single-family dwellings with ccmrron open area as part of the plat at tine of ·subdivision, not rrore than 50% of ti)e platted area shall be covered by buildings, parking areas, arrl private streets. 1. 7 Minimt.nn Setbacks: ( 1) front Yard: (a) (b) Arterial or Collector Stre<>ts: ( 11) No residential structures shall front on an arterial or ' collector sb:e<>t. (21) 'For all other uses, 100 feet fran street centerline or 50 feet fran front lot line, "'11iche""r is greater. Streets: For residential structures 50 feet from street centerline or 25 feet ft:an front lot . line, "'1iicbever. is greater. For all other uses, 65 feet fran street centerline or 40 feet fran front lot line, "'11ichever is greater. (2) Rear Yard: 20 feet fian rear lot line. (3) Side Yard: 10 feet fran side lot line. On corner lots, the side yard shall be 25 feet "'11en autorrobile access is taken across the side yard; the side yard shall be 15 feet when no autorrobile access is taken across the side yard. -3- . , ,. :.::~) : .: .; . l . 8 f.!aximum Building Height: 36 feet measured at the vertical to the gra:le at the centei;-of the building. \ 1 • 9 Minirnllm Off-Street Parking: · ( 1) Tho spaces per dwellirq unit. ( 2) For all other uses: see Suppleroentaz:y Regulations (Section 1O.6) _ 1. 10 /ldditional Requirements: All uses shall be subject to the pr-ovisions under Section 10.0 (Supplementai:y Regulations) ard Section 11.0 (Modifications of Subdivision Regulations) .• ' -4- ' ( 2.0 IDR -Low Density Residential 2.1 Uses, by right: D2tached sirqle-farnily dwellings arrl attached single-family dwellings (either townhouses or zero-lot-line houses) ard customary accesrocy uses, includirq buildings fur shelter or enclosure of animals or property accessory to use of the lot for single-family residential purposes arxl fences, hErlges, gardens~ walks, ard s.imilai:: landscape features; par:k. 2.2 Uses, corrlitionaI: Church, school, c::mnunity building, day nursery, fire station, arrl other public uses. 2. 3 Uses, special: Ex ti:: action ard processing of natui::al resources. 2.4 Intensity of Use: A maxim..ltl of 5.0 dwellirg units i:er gross· acre. 2. 5 Minimun lot Area: 2.6 ( 1) For single-:family cletachErl dl<iellings, 7 ,500 square feet. (2) For townhouse attached single-family dwellirqs, 2,200 square feet. (3) For zero-lot-line a.ttached single-family dwellings, 4,000 square feet. Maximum Site Coverage: For: detached and attached sirqle-family dwellings wittiOut axmon area as part, of the plat at time of su!Xlivision, not rrore than 60% of each lot shall be coverErl by buildings ard parking areas. · For detached arxl attached single-family dwellirqs with =inon open area as part of the plat at tine of subdivision; not. rrore than 70% of the platted area shall be covered by buildings, parking areas, ard private streets. 2. 7 Minimum Setbacks: ( 1 ) Pront Yard (a) (b) (c) For single-family detached dwellings ( 11) Arterial or Collector Streets: no structure shall front on an arterial or collector street. ( z 1) Local Streets: SO feet fi:an street centerline af 25 feet Eran lot line, whichever is greater. For zero-lot-line and townhouse attachErl single-family.dwellings ( i 1 ) Artedal or rollector street: no iot shall front on an arterial or collector street. (21) Local streets: 25 feet fran the front lot line, if there is a front-facirg garage; or no setback if there is a side- facing garage or at least 25 feet of comrron open space bet""en the curb line arxl the lot line. For all other uses ( 11) Arterial or rollector street: 100 feet from street centerline or 50 feet Eran front lot line, whichever is greater. · (21) Local sti::eets: 65 feet from street centerline or 40 feet Eran front lot line, "'1ichever is greater. . , ( <~i[? i~~~!~ 2.·~: (2) Rear Yard: (a) For single-family detachea dwellings 15 feet frcm rear lot line. (b) For zero-lot-line and townhouse attached single-family dwellings , (11) 10 feet fran rear lot line if no alleys or rear utility easements are prOllided. ( 21) No rear yard is required where alleys or utility easerrents are provided artl no autorrobile access is allowed. ( 31 ) Where autarobile access is taken: (al) 25 foot setback \<.here there is a rear-facing garaJe. (b 1) No setback for a side-facing garaJe. ( c 1) No setback if there is at least 25 feet of comnnn open space betl'>een the alley paverrent arrl the lot line. (c) &or all other uses: 25 feet when adjacent to residenti;,i ·uses or 10 feet when riot a:ljacent to residential uses . (3) .side Yard: (a) For single-family detached 6 feet fran side lot line. Cl1 corner lots, the side yard shall be 25 feet when autorrobile access is taken across the side yard;' the side yard shall be 15 feet when oo autorrobile access is taken across the side yard. \ ( b) For zero-lot-line dwellirqs 10 feet on one lot line ard oo set- back on the cpposite lot line. lb accessory buildings· shall be permitted within the required side yard. (c) For townhouse attached sirqle-family dwellings no side yards are requiced except for corner lot =nditions. On corner lots, the side yard shall be 25 feet when autorrobile access is taken across the side yard; the side yard shall be 15 feet when no autonobile access is taken across the side yard. (d) For all other uses: 10 feet fran a side lot line or 25 feet for a side yard on a corner lot. 2. 8 Maximum Building Height: 36 feet rreasured at the vertical to the grade at the center of the building. 2.9 Minimum Off-Street Parking: ( 1) For single-family detached dwellings two spaces per unit. (2) For townhouse and zero-lot-line attached single-family dwellings tl'.U spaces per dwelling unit and 1/2 visitor space provided on the lot or in cannon canrntlflity open space or a combination thereof. ( 3) For multiple-family dwellings one artl one-half spaces per dwelling unit. (4) For all other uses: see supplementary Regulations (Section 10.6). -6- 2. 10 hlditional Requirements: All uses shall Section 10.0 (Supplerrentar:y Regulations) Subdivision Regulations). l::e subject to the pr:ovisions under and Section 11.0 (M'.Xiifications of { 1) For zero-lot-line dwellings, a minimum maint_enance easement of 3 feet shall l::e provided on the side yard for the adjacent lot. ( 2) No portion of any bllilding shall extend l::eyond ·lot lines or into public easerrents or public rights-of-way. ( 3) For zero-lot-line ard townhouse dwellings ro wiroows or cpenir-.,s shall be allowed in a wall abutting a 'pr:oparty line that faces into an adjoining lot. \ -7- .. '~;~t;. ~~ ' ' 3.0 MOR -MediUI!I Density llesidential 3. 1· Uses, by right: Sirqle-family detached dwellinqs, attached sinqle,-family dwellings (either townhouses or zero lot line houses), two-family and multiple-family dwellinqs, and customary accessory uses includinq buildinqs for sheHer or· enclosure of animals or property accessory to llse of the lot for: r:esidential purposes ar.d fences, hedges, gardens, walks, and similar · landscai:e features; park. 3.2. uses,. conditional: Church, scmol, camnmity building, day nur:sery, fire station, arrl other: public uses. 3.3 Uses, special: Ex.traction and pi:-ocessirr:i of natur:al re;;;ources. 3.4 Intensity of Use: 3.5 Minimum l.Ot Area: A maximum of 12.0 dwellirq units i;:er gross a:::!re. " ( 1) 600 sqoar:e feet for townhouse, attached single-family dwellings. (2) 2,000 square feet for zeto--lot-line, attached sirgle-family dwellinqs. · 1 ' (3) 7 ,500 square feet for sirqle-family detached dwellings and two-family dwellings. (4) 91000.square feet fo\: multiple-family dwellings. 3 .6 Maximum Site CDverage: CJ) For single-family detached dwellinqs, attached single-family dwellinqs arrl too-family dwellings without cannon open area as part of tre plat at time of subdivision, not .nnre than 70% of each lot shall be oovered by buildings, drives and parkirr:i areas. For sirqle-family detached dwellings, attached sirqle~family <:Jwellirqs and two-family dwellirr:is with canmon open area as part of the plat at time of subdivision, rot nore than· 80% of the platted area shall be covere:'l by bllildings, parking areas an::l streets. (2f For multip~e-family dwellings, not nore than 75% of the platted area · at the tirre of· subdivision shall be covered by buildings, paiki03 and private streets. ( 3) A lot shall oot t:e limited to one pdncipal structur:e provided: (a) 'IDe uses of each structure shall be allowed within the applicible zone district. (b) The total acctnnulated improvements do not exceed the maximum site c:6verage nor violate any other.requirerrents of the zone district. (c) The entire lot remains under one ownership. -8- ' 3.7 Minimum Setbacks: ( 1) Front Yard: (2) (a) (b) ( c) (d) For single-family detached dwellin;Js and two-family dwellin;Js ( 11) Arterial or Collector Streets: no structure shall front on arterial or collector street. (21) IDcal Streets: 50 feet fran street centerline oi: 25 feet fran lot line, whichever is greater. For rrultiple-family dwellin;Js (11) Arterial Streets: 100 feet fran street centerline or 50 feet fran front lot line, whichever is greater; (21) Collector Streets: 90 feet fran street centerline or 50 feet fran front lot line, whichever is gr.eater. (31) IDcal Streets: 50 feet fran street centerline or 25 feet. fran front lot line, whichever is greater; for zero-lot-line arrl townhouse, at~ached single-family dwellings ! 11 ) No lot shall front on an arterial or: eollector st~eet. (21) Local streets: 25 feet fran the front lot line, if there is a front-facirg garage; or no setback if there is a sicle- facing garage or at least 25 feet of =mon qien space bet~en the curb line arrl the lot line. For all other uses (11) Arterial Street: 100 feet fran street centerline or 50 feet fran lot line, "'1ichever is greater. · (21) Collector Slreet: 90 feet fran street centerline or SD feet fran lot line, "'1ichever 'is greater. (31) Local Stre.ets: 65 feet frcrn street centerline or 40 feet frc;m front lot line, hhichever is greater. Rear Yard: {a) For single-family detached dwellings, two-family dwellings arxl multiple-family dweilings 15 feet fran rear lot line. {bl (c) For zero-lot-line and townhouse attached sin;Jle-family dwellings: (11) 10 feet fran rear lot line if no alleys or rear utility easements are provided. (21) .No rear yard is required \<.here alleys or utility easenents are provided arrl no autonobile access is allowed. (31) Where autctrobile access is taken: · . . ,_fa 1) 25 f=t setback where there is a rear-facing garage'. {b 1) N:> setbacks fur a side-facing qarage. (cl) N:> setbacks if there is at least 25 feet of CCIT<IOn .open space between the alley paverrent arrl the lot line. For all other usesi 25 feet when a::ljacent to residential uses or 10 feet when not adjacent to residential use9. -9- " '~,~-~ (3) Side Yard: (a) For single-family detached, two-family and multiple-family dwellings 6 feet fran side lot line. en corner lots, the side yard shall be 25 feet M:ien autOITObile access is taken across the side yar:d; the. side yard shall be 15 feet when no autorrobile access is taken across the side yard. (b) For: zer:o-lot-line dwellings 10 feet on one lot line and no setback on the CJ?!Xlsite lot line. ·NJ accessory buildings shall be permitted within the required side yard. (c) For townhouse attached sincjle-family dwellings no side yards are required except for rorner lot ronditions. en comer lots, the side yard shall be 25 feet "'1en autarobile access is taken across the side yard; the side yard shall be 15 feet when no autorrobile access is taken ·acrnss the side yard. 3.B Maximum Bu,i.ldiri:J Height: 36 feet rreasur:ed at the vertical to the grade at the center of the bUildifB. 3. 9 Minirnlllll Parking,. ( 1) For: single-family retactied dwellings two spaces i:er unit. ( 2) For t;.o-fa,-uily dwellings tv.o spaces per dwelling unit. (3) For townhouse and zen;r-lot-~ine attached single-family dwellings two spaces per dwelling and 1/2 visitor space provided on the lot or .. irL canrron. caranunity cpen space or a combination thereof. (4) For multipie-family dWellings one and one-half spaces i:er: dwelling unit. · (5) For: all other uses: see Supplementary Fequlations (Section 10.6). 3. 10 l\dditionai ·Requirements: All uses shall be subject to the provisions under: Section 10.0 (Supplerrentary Requlations) and Section 11.0 (Mcdifications of Subdivision Regulations). ( 1) For zero-lvt-line dwellings, a minimum maintenance easement oE 3 feet shall be pr:ovidro on the siCle yard for the a'ljacent lot. - ( 2) No p:ir:tion of any building shall extend beyond lot lines or: into public easements or public r:ights---of-way. (3) For zero-lot-line and townhouse dwellings no windows or cpenirqs shall be allowed in a wal~ abutting a property line that faces into an adjoining lot. ' \ -10- .- ( ., .. <, ••• •• 4.0 ·CAR -Central Area Residential 4. 1 Uses, by right: Attached single:-family dwellings (either townhouses or zei;:o-lot-l111e houses), .tw:>-family arrl ITRlltiple-family dwellings, arrl customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of tte lot for residential purposes and fences, hedges, gardens, walks, and similar landscape featm:es; park. 4.2. Uses, conditional: Church, scrool, ccmrnunity building, day nui:sery, fire ·station, ar£l other p..iblic uses. · · 4,3 Uses, special: Extraction and processing of natural i:esources. 4.4 Intensity of Use: A maximum of 20.0. dwelling units per gross qci:e. 4. 5 Minimum Iot Area: ( 1 ) 6001 square feet for townhouse, attached single-family dwe11ings. ( 2) 2,000 square feet for zei:o-lot-line, attached single-family dwellings. (3) 7 ,500 square feet for two-family dwellings. (4) 20,000 square feet for multiple-family dwellings. 4. 6 Maximum Site Coverage: For attached single-family dwellings witrout canrron open area as part of the p1at at time of subdivision, not nore than 70% of each lot shall be C01Tered by buildings and parking areas. For attached single-family dwellings with cannon open area as part of the plat at time of sul:division, not nore than soi of the platt.,a area shall t:e covered by buildings, parking areas and private streets. For mllltiple-family dwellir"Js, nor nore than. soi of the platted area at the tirre of subdivision shall be covered by buildings, parkirq and private streets •. A lot shall not be limited to one principal structure provided: ( 1) The uses of each structure shall be allowed within the cpplicable wne district. ( 2) The total accumulated inprovements d::> not exceed the maximum site aoverage nor violate any other requirements of the wne district. (3) The entire lot remains under one ownership. "-11- ( ' \11;~. :·:~~~( 4.7 Minimum Setbacks: ( 1) Front Yard: (a) For l!Ultiple-family dwellings (11) Arterial Streets: 100 feet fran street centerline or 50 feet fran front lot line, \hichever is greater. (21) Collector Streets: 90 feet frcm street centerline or 50 feet fran front lot line 1 ..Uichever is greater. (31) Local Streets: 50 feet fran street centerline or 25 feet frau front lot line, whichever is greater. (b) For two-family dwellings, zero-lot-line and townhouse attached simle-f;;nnily dwellings · . (11) No lot shall front on an arterial or =Hector street. · ( 21 ) Local streets: 25 feet fran the front lot line, if there . I is a front-facing garage; or no setbadc if there is a side-. facing garage or at least 25 feet of a:mron cpen ~pace· between the curb line ard the lot line. (c) For all other uses: (11) Arterial Street: 100 feet fran street'centerline or 50 feet fran lot line, l<bichever is greater. ( 2 1) Collector Street: 9 0 feet fran street centerline or 50 feet fran lot line, whichever is greater. (31) Iocal Streets: 65 feet fran street centerline or 40 feet fran front lot line, 1-ohichever is greater . . (2) Rear Yard: (a) For !:ID-family dwellings and multiple-family dwellings ' . 15 feet fran rear lot line. (b) For zero-lot-line and townhouse attached single-family dwellings · (11) 10 feet fran rear lot line if no alleys or rear utility easerrents are provided. ( 21 ) No reat yard is required where alleys or utility easements are provided and no autonob ile access is allowed. ( 31 ) Where autorrobile access is taken: . (al) 25 foot setback ""1ere there is a rear-facing qarage. (b 1) No setbacks for a side-facing garage. ( c 1) tb setbacks if there is at least 25 feet of o::mrron open space between the alley pavement arrl the lot line. (c) For all other u~s; 25 feet when a:ljacent to residential uses or 10 feet when not adjacent to residential uses. -12- ( ·:.;· .. ··'\if (3) Side Yard: (a) For two-family and rnultiple-£amily dwellings 6 feet fran side lot line. On corner lots, th<'> sidE> yard shall be 25 feet wren utOirobile accE>ss is taken across the side yard; thE> side yard shall be 15 feet when no autrnrobile access is taken across the the side yard. (b) For zero-lot-line dwellings 10 feet on cne lot. line and oo setbad<: on the Oi?P)Site lot line. 1'b ·accessory buildings shall be permitted within the required side yard. (c) For townhouse attached single-family dwellings no side yards are required except for comer· lot. conditions. On corner lots, the side yard shall be 25 feet when autonpbile· access is taken a:oross the side yard; the side yard shall be 15 feet when 00 autarobile access is taken across the side yard. 4.8 Maxirnllffi Bl.\ilding Height: 36 feet rreasured at the vertical to the grade at the center of the bu.Uding. 4. 9 Minirnllffi Parking: ( 1) For t;.o-farnily dwelling two spaces per dwelling uniL (2) For zero-lot-line and townhouse attached sirqle-family dwellings two spaces per dwelling and 1/2 visitor space provided on the lot or in cc:mrron carmunity oper., space or a combination thereof. (3) For nultiple-farnily dwellings me and one-half spaces per dwellii-8 unit. (4) FOr all other uses: see Supplementary Regulations (Section 10.6). 4. 10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). ( 1 ) For zero-lot-line d"'2llings, a minimum maintenance· easement of 3 feet shall l::e provided on the side yard for the adjacent lot. ( 2) No JX)rtion of any ruilding shall extend beyond lot lines or into public·easeirents or public rights-of-way. (3) For zero-lot-line and townhouse dwellings ro windcws or openirqs shall l::e allowed in a wall abutting a property line that faces into an adjoining lot. -13- ' ( '·~~:~~. ~:~} . ·. 5.0 MHR -t-kibile Home Residential 5.1 Uses, by right: !<bbile h:irnes, mobile bacheloi:; dwellings*, camper parks, arrl cus~cr'ai::y a=esrory uses, includiTB buildings for shelter or enclosure of. animals or property accessory to use of the lot for residential puq:oses and fences, hedges, gardens, walks, ard similar landscape features.; park. 5.2 Uses,_ conditional: Church, school, cawnunity wilding, day rn1rsery, fire station, arrl other public uses. 5.3 Uses, special: Extraction and processing of natural resources. 5.4 Intensity of Use: A maximum of 9.0 rrobile 00rre units per gross acre. 5.5 Min.llnurn Lot Area: 3,000 square feet. 5.6 Maximum Si,te Col/erage: .for nobile homes not rrore than 60% of each lot shall t::e covered by ooildings and parking areas. 5.7 For nPbile bachelor dwellings and camper parks, no maximum site coverage shall apply. Travel trailers, canper vehicles and/or recreational vehicles accanrodated shall not excee:l forty (40) feet in iength and eight (8) feet in width • . No nore than t>-D (2) canpef vehicles shall l;e allowed CTI any one nobile horre space. Minimum Setbacks: Minimum setback requirements of the a:3jacent zone district regulations shall J:e obsei:ved on the p;iriphery of a rrobile home park. 5 .8 Maxirnun Building Height: 36 feet rreasured at the vertical to the grade at the center of the btlilding. 5.9 Minimum Off-Street Parkin:): ( 1) T>.o spaces per dwelling unit. (2) For all other uses: see Supplementai:y Regulations (Section 10.6) 5. 10 Additional Reqliirernents: All uses shall be subject to the provisions unrer Section 10.0 (Supplementary Regulations) and Section 11.0 ·{Modifications of Subdivision Regulations). *Mobile bachelor dwellings are defined in Section 10, Suppl~entary Regulations -14- " ... 6.0 ·i;c -Neighborhcxxl Conrrercial 6. 1 Uses, by right: Retail comrrercial establishments r.ot exceeding 15,000 square feet of buildin;J area for each principal use, includirg qcoaery, dcy goods, hardware, bakery, liqoar, drug, florist r books, and similar uses. Personal service establishrrents·not exceeding 5,000 :oquare feet of building· area for each principal use, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and ddnkin:i establishments (which may include liqoor), banks, ard similar uses. Offices for business an:'! professional uses. Gasoline service stations with two or less serviae bays and without car washing facilities, >klich rrust l::e sited with limited vehicular acaess and service areas reascnooly screened Eran public view. ' 6,2 Uses, conditional: Chui:ch, ccmmmity building, day nursecy an:'! school, aUditorium, public building for administration, fraternal lcrlge 1 art gallecy, museum, libi:acy. 6 . 3 Uses, special: Exti:action an:'! processing natui:al resoui:ces. 6.4 Intensity of Use: See general conditions under Supplerrentary Regulations. 6.5 Minimum rot Area: 7,500 si';uare feet. 6.6 Maximum Site Covernge: Not nore than 80% of the platted area at the time of sUbdivision Shall. be covered qr buildings, pai:king areas and ·private streets. A minimum of 10% of the site shall be in unpaved landscai:e developnent. A lot shall not be limited to ooe pdncipal structure provided: ( 1) 'l1le uses of each stuctui:e shall be allowed within the applicable zone district. ( 2) The total accumulated improvements do not exceed the maximum site coverage nor violate any other r\"Cjuirerrents of the Zone district. (3) The entire lot remains undei: one ownership. -15- ' ( ' '- '6. 7 . ·;~;,::s '.'• :.;~.! Minimum Setbacks: (1) Front Yard: (a) Arterial Streets: 100 feet .fran street centerline or 50 feet · fran front lot line, whichever is greater. (b) Collector Streets: 90 feet from street centerline or 50 feet fran front lot line, \'.bichever is greater. (b) illcal Streets: 65 feet fron street centerline or 40 feet Eran front lot line, l'hichever is greater. (2) Rear Yard: 25 feet when a:Jjacent to residential uses; 10 feet when not adjacent to residential use. (3) Side Yard: 10 feet fran side lot line or 25 feet for a side yard on a rorner lot. \. . $' 6.8 Maximum Building Heiqht: 36 feet measured at the vertical to the grade at the center of the building. 6.9 Minimum Off-Street Parking: ( 1 ) Retail camercial and i;ersonal service: One parking space i:er 200 square feet of floor area (except storage areas} • (2) Office: frle parking space per 300 square feet of floor area. ' ( 3) Gasoline Service Stations: Minimum of 4 spaces excluding service areas and service bays. ( 4) For al 1 other uses: see suwlerrentary Regulations (Section 10. 6). 6. 10 hlditional RegUirements: All uses shall be subject to the provisions unrer Section 10.0 (Supp;t.ementary Regulations) and Section 11.0 (Modifications of. Subdivision Regulations). -16- . , ( .;. 7. a OP -Office Park .:,. ·' ·7.1 .Uses,. by right: Offices for business and professional uses; research facilities, testirq lal:oratories, arrl facilities for the manufacl:uring fabrication, processing or assembly of products pro11ided that such facilities are completely enclosed arrl provided that noise, srroke, glare, vibration, fumes, or other enviroranental problems ..Uich exceed normal· residential conditions are confined to the user's lot. Personal service establishments including barber, beauty, self-ser11ice laundry, dry cleanirq, photo and art studios, travel agency, sh::le repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor),.within the principal building. 7.2 Uses, conditional: Church, a:mnunitY l:uilding, day nursery and school; auditorium, public buildirg for administration, fraternal lodge, art gallery, museum, library. 7. 3 Uses, :;pecial; Extraction and processing of natural resources. 7.4 Intensity of Use: See general conditions under Supplerrentary Regulations. 7. 5 Minimum IDt Area: 7, 500 sqUare feet . 7. 6 Maximum Site Cover<>:1e: N6t nore than 80% of the platted area at the time of subdivision shall be covered by !:oildings, parking areas, and private streets. A minimun of 10% of the site shall be in W1paved landscai:;e developnent. A lot shall not be limited\ to one principal structure provided: ( 1) 'lhe uses of each structure shall be allowed within the applicrole zone district. ( 2) The total accumulated improvements do not exceed the maximt.nn site coverage nor violate arrj other requirements of the zone district. (3) '!he entire lot remains urder one ownership. 7.7 Minimum Setbacks: ( 1) Front .Yard: (a) Arterial Streets: 100 feet from street centerline or 50 feet fran front lot line, 1-hichever is greater; (b) ( c) Collector Streets: 90 feet from s.treet centerline or 50 feet from front lot line, 1-h ichever is greater. · Inca1 Streets: 65 feet fran street centerline or 40 feet from front lot line, 1-hichever is iceater; (2) Rear Yard: 25 feet when adjacent to residential uses; 10 feet when · not adjacent to residential uses. ( 3) Side Yard: 10 feet fran side lot line or 25 feet for a side yard on a corner lot. -17- ' ( ··~F.} ~::;10 7 .8 MaXimum Building Height: 36 feet ireasured at the vertical to the grade at the center of tfie building. · 7.9 Minimum Off-Street Parking: ( 1 ) Research facility, testing latoratory, processirq, or asserrbly of products: square feet of floor area. manufacturing, fabrication, one parkirq space i;er 400 ( 2) Office and professional uses: one J?i"'.kirq space per 300 feet of floor area. ( 3) For personal service uses: one parkirq space per 200 square feet of floor area (except storage area). ( 4) For ¥1 other uses: see suwlementary Regulations (Section 10.6). 7 .10 Additional )J.equirernents: All uses shall te subject to the provisions under Section 10.0 (Suwlementary Regulations) ari! Section 11.0 (Modifications of Subdivision Regulations). \ -18- '\ ( '· ·'·' ... ' .: .- • l!. 0 BC Business Center 8. 1 Uses, b* right: Retail romrercial establistunents .including qr:ocecy 1 dry goods, ardware 1 bakery, liquor, drug, flodst, b6oks, sp:ortirg goods, appliances, var:iety stores, departrrent stores, aut=tive accesrory parts, furniture, garden supply, animal feed, plant nursery outlets atrl similar uses. Personal service establishments 1 including barl::er 1 l::eauty, self-sei:vice latmdry, dry cleaninq, photo an:'l art studios, travel agency, shoe re[Bir, health spa, private clubs, indoor eatirq and drinking establishments (which may include liquor) , banks and simil";". uses. Offices for business and professional uses. Researdt facilities, testin::i laboratories, and facilities for manufacturing, fabrication, processing or asserrbly of products prcrvided that such facilities are ccmpletely enclosed atrl provided that noise, srroke, glare, vibration, furres or other environmental problems "'1ich exceed ncnnal residential conditions are confined to the user's lot. Churches, day-care centers and itrloor theatres .. Recreation facilities. Gasoline service stations, car wash and autorrotive. services, M:Jich must be sited with limited vehicular access an:l with service areas rearonably screened from public view., Motels, hotels, including eating and ddnking establistunents (which tray incli:Jde liq\Xlr) • Multiple family dwellings ~en located abcrve retail =miercial, personal service or office uses. Public and semi-public uses as specified in this PUD. 8.2 Uses, conditional: Chu):ch, canmunity building, day nursery an:l sclnol, auditorium, public building.for a:Jministration, fraternal lodge, art gallery, museum, library. ' 8.3 Uses, special: El<traction and processin::J of natu1'.al resources. 8.4 Intensity of Use: See gene1'.al conditions under Supplerrentary Regulations. 8. 5 Minimum [Dt Area: 7, 500 square feet. -19- ( , .. 8. 6 Maximum Site Coverage: N:Jt rrore than 80% of the platted area at the tine of subdivision shall be covered by buildings, parkia:i' areas, anl private streets. A. minimum of 10% of the site shall be in unpaved lardscap<; develO)X""nt. · A lot shall not be limited to one pdncipal structure provided: ( 1) 'Ihe uses of each structure shall te allowed within the applicable zone district. ( 2) The total accumulated improvements. do not exceed the maxi.mum site coverage nor violate arrj other requirements of t'he zone district. (3) The entire lot remains under one ownership. B.7 Minimum Setbacks: ( 1) Front Yard: , ' (a) Arterial Streets: 100 feet frcm street oenterline or 50 feet fran front lot line, ;.hicheVe.r is greater. (b) Collector Streets: 90 feet from street oenterline or 50 feet fran front lot line, whichever is ~reater. (c) Ipcal Streets: 65 feet .fran street centerline or 40 feet fran front lot line, .\okiichever is greater. (2) Rear Yard: · adjacent to \ 25 feet lo.hen a'lj acen t residential uses. to residential uses;· 10 feet \<hen rot (3) Side Yard: 10 feet fran side lot line or 25 feet· for a side yard on a comer lot. 8.8 Max:iJm.nn Building Height: 36 feet measured at the vertical to tfie grade at the center of the buD.ding. 8. 9 Minimum Off-Street Parking: ( 1) Retail ccmrercial and i;ersonal service: Ole parking space per 200 square feet of floor area (except storage area). (2) Research facility, testing lal:oratory, manufacturing, fabrication, processing: One parkirg space p?r 400 square feet of floor area. (3) Church or theatre: one parking space per three seats. (4) Office arrl professional. uses: one parking space per 300 square feet of flo:ir space. -20- -:· ' ( (5) Recreation facility: Parking shall t:e provided on the basis of one parkirg space per each four persons usirq the facility (figured at a maximum capacity use i;eriod). (6) Motels aIXl h:>tels: One parking space rer rotel or h:>tel unit. (7) (8) Multiple-family dwellings: dwelling unit. · Gasoline S.ervice Stations: arrl service bays. One arrl. one-half parking space rer Minimt.nn 8 spaces excludiOJ service areas (9) For all other uses: See Supplernenta'cy Regulations (Section 10.6). 8. 10 Additional Req!lirerrents: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) aril Section 11.0 (Modifications to Subdivision Regulations). \' \ -21- '· " ( . .-:: .. ,·:·,• '"1.0 FSR -Public, Semipublic, and Recreation ' ;';h, ·••·• ;'i.. ·~:?' 9 .1 Uses, by right: Sch:ol sites, gover:nrrental offices, police ard fire stations, library, day-care centers, p.ililic and semipublic health · facilities including hospitals a.iii clinics, recreation uses, churches, CO!mW1i ty center:, neigbbor:hocd =mmity center, water, well. sites, sewage treatment facilities, water trea\:Jrent and storage facilities, an'.! other public ard private utility facilities and buildirqs. Carmunity open space ard parks, including hil<irq and bicycle trails, equestrian trails, intensive use playfields, picnic areas, sledding areas, swiiranirq p:iols, tennis courts, natural areas, archery, skeet shootirq and similar uses. Golf course with clubhouse including eating and drinking facilities {which may include liquor) ; equestrian center. 9. 2 Uses, corrl~ tional: Not applicable. 9.3 Uses, special: Extraction and processing of natural resources. 9 .4 Intensity of Use: See general oonditions under Supplementary "Regulations. 9 . 5 Minim!Jffi Lot l\rea: None. 9 .6 Max:imnn Site Coverage: Not nure than 80% of the platted area at the time of·. subd1v1s10n shall be ooyered by buildings, parking areas, ard private streets. A minimum of 10%'of the site shall be in unpaved· larrlscape develoµrent. A lot shall not be limited to one principal structure pro<Jided: { 1) 'ttte uses of each structure shall be allowed within the ak,liccble wne district.· { 2) The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. (3) The entire lot remains under: one cwnership. 9.7 Minimum Setbacks: ( 1 ) Front Yard: (a) Arterial Streets: 75 feet fran street centerline or: 25 feet frao front lot line, whichever is greater. {b) Collector Streets; 65 feet frcm street centerline or: 25 feet frao front lot line, whichever is greater. (c) Local Str:ee~s: hont lot lpe, ! 50 feet fran street centerline or: 25 feet Eran whichever is greater. -22- ' ( \ ' l (2) : ~;;~:;.: . Rear Yard: 25 feet when adJacent not adjacent to residential uses. (3) Side Yard: 10 feet frau side lot line or 25 feet for a side yard on a corner lot. 9.B Maximum Building Height: 36 feet rreasured at the vertical to the grade at the center of the building. 9.9 Minimum Off-Street Parking: ( 1) Church, auditorium and pi.bl ic assenbly: Cl1e space P,r 3 seats. (2) Governmental offices (except auditorium arrl public assenbly): Cl1e space per 200 square feet of floor area (except storage area) . ' (3) Public and private utility canpany facilities: One space per·200 square feet of floor area for· Offices aril other facilities accarurodating regular daily employrrent. A minimum of twJ spaces will be prcrided at all other facilities. I , (4) Medical clinics: llie space per 200 square feet. (5) Hospitals: Cl1e space p=r 300 square feet exluding nursing care (in-patient care) areas plus one space per 2 beds. (6) For all other uses: see Supplementary Regulations (Section 10.6). 9. 10 Additional Fequirernents: All uses shall l::e subject· to the prnvisions un&r Section 10.0 [Suwlementary Reghlations) at)d Section 11.0 (Modifications to Subdivision Regulations). .. ...... · ··--....... -23- ' ( i.;&~J i}~~~ ,. ' ' 10.0 SR Supplementary Regulations Division of the subject lands into land use areas and their related developrent standards will te as shown on the PUD mcp ard as outlined by the preceding develq:ment standards. To further avoid problems of interpretation, the following listed supplerrentary requlations are included as part of the Planned Unit Develoflnent. Where the preceding general stan the follow' su lene t regulations do not ad uatel escribe what is permitted or-req11jred reference shall t:e meiie to th80 officially adopted Garfield County Zo.ning Resolution of January 2, 1979, includi03 the :ll:>ning arrenclrrent, i'dopted OCtober 15, 1979, and to the officially adopted Garfield County Subdivision Regulations of January 2, · 1979, and amendment.s of October 15, 1979. 10. 1 ·Land Use TyJ?es: '.11le POD map shows generally where within the PUD. each type of use is located. '!:he precise location of each use and the location of lots, blocks arrl' other parcels within each area devote:! to each use shall be shown as that area is hereafter subdivl.ded an:l platted. . 10.2 Uses Permitted: ·The principal uses for each lard use area are listed as a part of the general d=velopment standards; however, any other building, structure or use which is similar to those enwreiated an:l not rrore · obnoxious or detrimental to the area in which it is located shall l::e permitted. l'Obile bachelor dwellings ey:rl rrodular bachelor dwellings shall include groupings or single living units'with <Xltlll!Dn restroan facilities, canmunity recreation space and· central eating facilities, in place of restroons, kitchens· arrl larger living areas within each separate living unit. 10.3 Intensit¥ of ·use; In any residenti';'1 _area defined on the POD map, the net density in any given part of a subdivided area may exceed the qross d=nsity which would be i:ermitted for the entire subdivided area so long as the entire subdivided area, includirq open space, is within the range of the applicable gross intensity of use set forth above in the development standards. 1 O .4 Setbacks: 'lhe fullowing yard requirements shall be observed in all wne · districts: Through Ints: en lots extending frcm one street to another paralleling street, both streets shall l:e ccnsidered as front streets for: purp:ises of calculating front yard setbacks unless a solid screening fence is provided fur one yard only and then the yard a'.ljacent to the fence shall be considered as a rear or side yard. -24- .. ,, . '·. ~;- Corner Lots: On residential lots eordered on two (2) contiquous sides by streets, the required front yard setback shall be obser:ved alotxj both streets "'1en aut:om::>bile access is taken fran the side street. Thu-Family Dwellings: ·For purposes. of setback calculations, a tw-family dwelling shall be mnstrued as one building occupying one lot; Attached sin:ile-family dwellings: For purposes of setback calculations, only those attached single-family dwellings "'1ich do i>::>t share a camon wall with M a1jacent attached dwelling need observe the required si<:le yard setback for the district, providing building code requirements for this tyre of structure are observed; ' Projections: !Wery part of a required yard shall be unobstructed Eran ground level to the sky except for projections of architectural features as follows: cornices, sills ard ornamental features -12 inches; rcof eaves - lB inches; uncovered r:or:ches, 'slabs and patios, walks, steps, fences, hedqes, and, walls -no restriction; fire escapes and individual balconies not used as passageways may· project 18 inches into any required side yard of four. ( 4) feet into any· re:iuired· front or rear yard; Accessory Buildi!J3 in Required Rear Yard: An accessory buildi!J3 may be located in ·a required rear yard provided not rore than forty ( 40) percent of the rear yard area is oovered. Such building shall observe a seven and one-half ( 7 1/2) foot setb<ick fran the rear lot line when there is rot an adjacent alley. When there is an adjacent alley it shall observe a ten ( 10) ' foot setback fran lot J_ine; fonces and Screening: A fence, hedge, or wall may t:e located in any required yaul provided oo such installation shall excea:l eight ( 8) feet in beigb t in a required side yard or rear yard , oor shal 1 any such structure exceed three (3) feet in height in any required front yard. lb side yard or front yard hedge or fence is i;:ermitted on a rorner lot Ei'ljacent to a street. 10.5 Maximum Building Height: Fbr purposes of measuring the maximum building height, grade shall mean the original natural grourrl level or newly established elevatioti resulting fran oornpacted fill so lor>j as any regraded area does not exceed a four-to-one sloi::e bet....,en the grourtl level of any exterior building wall and adjacent lot line or property line. 10 .. 6 Minimmn Off-Street Parkin:i: Each off-street parking space shall t:e not less than 8 feet wide and 1 B feet 101>3; shall be provided with vehicular access· to a street or alley; shall be surfaced with gravel, asphalt, =n=ete or equivalent; shall be properly drained; and shall t:e located within convenient walkirtj distance of ·the principal buildicq or use for which the parking .space is provided. For either detached sin:ile-family dwellings or attached single-family dwellings, tandem parking spaces shall l:e i;:ermitte:l. Where an off-street parkirq space serves nore than one use and peak times for parking are at different times of the day, such parking space may be included as part of the minimum requirerrents for each use. -25- ... <· . , ( A ·.:, ~-:.}~~ i~~·0 <•"I ·-. 'l'he followinq minimum parking requirements for i:ermitted or similar (see ' . / Section 10. 2) uses are: ( 1 ) Churches, canmunity buildinqs, fraternal lodges and auditorium; space per 3 seats in the assenbly space. One (2) Schcols, elementai::y and middle: One space i:er instructional area plus one space for each 4 seats in asserrbly areas (including gymnasiums). ( 3) High schools, colleges and universities: One space i:er instructional area (classroan, .lab, gym) pius one space per 3 students accauirodated in the institution. (4) Carunmity ooildings: One space .i:er ·3 seats of assembly area. ( 5) Athletic stadium: cne space per 4 seats. (6) Recreation facilities: One space per 4 persons usio;i the facility (figured at a maximum capacity use period). I ( 7) Day care center: cne space per classroan area and one space per 200 square feet.of office space' and a minimum of 6 spaces . (8) Police and fire stations: Gne space per 200 square feet excluding 9.ara:ie areas and a minbnum of 4 spaces. (9) Library and rrusell11l: A minimum of 10 spaces plus roe space i:;er 200 square feet of office or a:'lrninistrative areas. \, 10. 7 Mcxlifications: In general, the proposed develOf<Oent standards for t)Je Battleirent Mesa Planned Unit Develquent corresp:m1 closely to normal criteria of the Garfield . County zoning Resolution. In some cases, 'the Battlem'!nt Mesa standards are rrore limiting, while in others typical County zonin:J regulations appE>ar to re rrore restrictive. Wherever this last situation exists, the added flexibility of develq:irrent with the PUD i;ermits desirable variety and in some situations essential economies of constructiOn and maintenance. Throughout the Planned Unit Devel.cprrent prcqram, special attention will re given to tordering private prcperties so that their values as established bY existing Garfield County zonif8 standards will re maintained. In line with·Garfield County zoning requirements th?>t no portion of a PUD shall be used or oca.ipied, otherwis'e than as ·was permitted immediately prior to the approval of rezoni1>3 as a POD, until a sub:livision plat for sa.id portion is approved bf the :eoara of county O:xnrnissioners of Garfield County, Battlement Mesa, Inc., reccgnizes the need to design and construct each phase accordif8 to all reasomible public interest. 10.8 Att.ached Single-Family !Mellings (Zero-rot-Line and 'lbwnrouse) Definition: An att.ached single family dwelling is a sirgle family dwellin:J that may share one or t\o,Q a:xnm:>n side building walls with an a:'ljacent similar dwellirg or dwellings and exteria fran the lowest to the highest point of the bJilding retween said o:'mm:ln side walls. -2.6- .· .· ( ' t' (1) A zero-lot-line single-family dwelling shall occupy a lot and must have one side yard of at least 10 feet q:>fX)Si te any wall located on a side lot line; (2) A townhouse .single-family dwelling shall occupy a lot ard need rot have any side yard setback except for those special conditions defined within the zoning district. 10.9 Mditional Restrictions: Battlement Mesa, Inc. reserves the right to make the use or occupancy of ·any particular area rrore restrictive than this POD 1'.0uld pe:anit, by provisions en the sutxlivision plat, restrictive covenants, or provisions iri the deeds. -27-. '.·· .< ., ' \ ~ ' ., ·:::.:t 11.0 Modifications of Subdivision Regulations ~~~i;· '.lhe Planned Unit Developirent will conform to the Subdivision Regulations of Garfield County, Colorado, a:fopted January 2, 1979, except as noted l::elow or otherwise provided in this applicatioi:i ard except as m<tY be permitted by the Board of County o:mmissioners at the titne of sulxlividing. '.l.he spacific rrodifications set forth bel= are requeste:l to better allow the developer to fulfill the previously stated purposes and objectives of this PUD. 11.1 Street Pattern (Sub. Reg. 5.02.01): The street patterns will be designed to continue to provide access to adjacent lands rot included in the PUD which presently have access through a public dedicated right-of-way. · Adjacent privately owned land which does not presently have access off a public dedicated right-of-way throuqh the area of the PUD will be provided appropriate access. Adjacent land in public ownership whiCh presently does not have access off a public derlicated right-<:>f-way through the area of the PUD will be, provided q:ipropriate access. Adjacent land in public ownership which presently does not have access off a public dedicated right-of-wcq through the area of the POD will l:e provided access at the time of plattirB at the request of' the public agency controlling the land. · Dead-end streets may be designed with a cul-de-sac head that meets the functional requirenents of vehicular turni113 radii arrl snow storage; this design may vary. fran the 90 foot turnaround. Residential lots borderirq qrterial streets may be side:l against the street . as long as access to the lot is rot fran the arterial stre~ts. 11.2 Private Streets (Sub. Reg. 5.02.02): Private streets may be used in areas within the POD ""1ere through traffic is not desired and v.here pavement widths can be narro"'8r than those required on public streets. In such cases, roadway widths of 20 to 24 feet may be used where the design considers traffic volumes, satisfactory off-street parkin;i arrangeirents, planned snow storage areas, a'lequate sight distances, reasonable gradients ·arrl turnarounds adequate for errergency vehicles. FUrthe01Dre in Sl\ch cases for o:U.rercial, retail and office uses, setbacks of 15· to 25 feet may be used for front arrl side yards where the design considers the factors noted for roadway widths. At time of platting, the design, ronstruction standards, maintenance reS)'.:Onsibility arrl polici113 arrangerrents. will be presented. -28- ·~· ~· -fo ,,' ./ • ·., l1,.3 Street Widths (Sub. Reg. 5.02.03): Publ~c street widths proposed in the ' · PUD will be determined 1:1{ projected traffic volllll\e, parkirq arrangenents and other factors at the time of platting. 'Ihe ran:ie of requirements is proposed to be as follows: Range of Street Type Range of Dedicated Right-of-Way Width Roadway Width Arterial 80 -100 feet 60 -BO feet 40 -60 feet 40 -72 feet 36 -44 feet 24 -36 feet. collector Neighborhocx:l or Local 11.4 Grades, Curves, and site Distances (Sub'· Reg. 5.0.04): Grades, curves, and sight distances will a'.lhere to County standards except that variances may be requested at the tine of plattirq for neighborl:nod, local, or other low volune traEf ic streets. . 11.5 Relationshi to Adjacent Slo s (Sub. Reg. 5.02.05): Cut-and~fin slopes are prop::>sed to errl with t natural topograp y arrl may extend outside public dedicated street rights-of-way providin:J revegetation requirements are net. 11.6 Sidewalks, Curb and Gutter (Sub. ,Reg. 5.02.06): Sidewalk locations will l:e in acrordance with the plat at: the tirre of subdividin:J aril will be sited so as to optimize pedestrian routes throuqh cpen space to residential, educational and canmunity facilities. \ Curb and gutter will l:e placed where necessary to direct storm' drainage arrl where it would add to ·eare of roai edge maintenance. Where a rural character is desired and storm drainage can l::e harrlled by ditch Sl'1ales, curb an:l gutter may be eliminated. 11.7 madways (Sub. Reg. 5.02.07): FDadways will conform in construction specifications, other than width, to County requirerrents. Design of road- way surface rray vary fran parabolic crown to inverted center pitch dependin:J up:m stran drainage. requirenents of various 'areas of the PUD. 11.8 Streets Names and Signs (Sub. Reg. 5.02.08): Street signs will conform to a unifoun system of signs arrl graphics designed for the total POD area. 11 • 9 Minimum standards for Zero-IDt-Line and 'ibwnhouse Projects: In zero-lot-line arrl tOWllhOUse projects the followirg minimum standards must be observed for either p;blic or private streets: ( 1 ) (2) (3) A minimum of 20 feet of access drive arid fire lane must be provided. A minimum of 3 feet for sidewalks on each side of an access drive !lllSt be provided adjacent to the dr.ive. A minimum of 20 feet lli.lst be provide<l adjacent to one side of the access drive for utility easements hl'lich may incorp:>rate the side- walks area. -29- I RESOLUTION NO. 79 -132 WHEREAS, on the 2nd day o f ·January, 1979 , this Board of Co unty Commissioners o f Garfield County, Colorado, a dopte d Resol u tion No. 79-1, concerning a Zo ning Resolution for the County o f .Garfi e ld , S tate of Color.ado; an d WHEREAS, this Board is authorized b y the provisions of C.R.S . 1973, 30-28-109 -through 30-2 8-116 to provide for the approval of amendments t o such Zo ning Resolution; a nd WHEREAS, purs uant to s uch authority, thi s Board h as proposed certain text amendments to the said Zoning Resolution, which were on fi l ·e for public inspection in the Office of the Garfield County Clerk and Recorde r for a p e riod of thirty days beginning t h e 14th day of September, 1979; and WHEREAS, a public h earing was h e ld o n the 1 5th day of October , 1979 , upon the question of the a d option of the p ro- p osed text amendments , pursuant to public notice r equire d by law; and WHEREAS, the public wa s , at s uch public h earing, given the o pportunity to voice its opinions regarding the proposed text amendments , which opinions have b een giv en full consid- eration by this Board; and WHEREAS , this .Board has d etermined that certain of t he proposed t e xt amendments are necessary to make the a for eme ntioned Garfield County Zoning Resolution consistent with Co l o r ado statutes and to improve the efficiency and clarity o f ·said zoning Resolution; NOW THEREFORE , BE IT RESOLVED, by the Board, of Co unty Commissioners of Garfield County , Colorado, that t he Garfield County Zoning Resolution , adopted by this Board on the 2nd day of January, 1979 , and identified as its Resolution No . 79-1 , shall b e and hereby i s amended as follows :· EXHIBIT F AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUT.ION; '. Section 2.02.23 of the Garfield County Zoning Resolution shall be amended by the deletion of the words "the Colorado Department of Heaith and" and by the addition of the words "to review.and/ or e~force health and safety provisions or requirements which are included in this Resolution 7 11 at end of said se~tion. · Section 2. 02. 43 of the Garfield County Zoning Resplution shall. be amended by chan9-ing the wOrds "one thousand"· to "five hnndred". Section 2.02.47 of the ·Garfield County zoning Resolution shall be amended by changing th~ word "right" to "tight". The Garfield County zoning Resolution shall be amended by the addition of a new section 2.02.56, which shall read as follows: Salvage_ Yard: "Any locatiOn which is maintai.nedr used · or operated for S_toring, keeping,. buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or mqtor vehicle parts, old or scrap copper, ·brass, rope, rags, batteries, paper, tras&, rubber or sythe- tic petro-cheinical debris, waste,.appliances, or parts thereof, iron, steel, and other old or Scrap ferrous or non-ferrous material. ~ ~J.;..JQ..,,, _Gection .3.02.03 of the Garfield County z~nin9-.Reso1ution sha11 · m'ff1.l((}Lbe amended by c~anging the word "events" to "gatherings". i y section 3.07.06 6f the Garfield County zoning Resolution shall be amended by the addition.of the foll.owing paragrpah: · (3) Side yard: 10 feet from side lot line or 1/2 the ·height of· the principal building, whichever is greater. Section 3.09 of the Garfield coUnty Zoning Resolution shall be amended by cha:riging the word "Special II to "Conditional II •• Section 3. 09. 01 of the Garfield County Zoning Resolution s·hall be amended by changing the word nspecial 11 to "conditional". Section 4.08.03 of the Garfield courtty Zoning Resolution shall be amended by. the addition of the following, which shall be the first sentenc'e in said section. Every Planned Unit Development Plan shall include a detailed listing of districts within the PUD in which specific uses shall·be permitted, which listing shall be in substantially the form contained in Section 3.00 hereof. Section 4.08.05(7) (d) of the Garfield.County Zoning Resolution shall be amended to read as follows: A list of the owners of properties located within 300 feet of the boundaries of the PUD and their addresses: Section 5.02.01 shall be amended by the addition of the following sentence: · . . . Occupapcy of an .eXiStihg:;imoJ::>iiE! home·:.pa·~k: and l"I:ldll.v;::i,ll,ual spaces of an existing mobile home park shall be governed by the provisions of Section 6.11 and 7.00 of this Resolution. Section 5.03(1) of the Garfield county Zoning Resolution shall be amended to read as follows: Utilities adequate to provide water and sanitation service based on accepted engineering standards and approveµ by the Environmental Hea,lth office.r sJ:all either be in place or shall be constructed in con- junction with the proposed use; Page 1 5tJ~1 1)Y) AKENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The.word and number "thirty (30)" found in Sections 5.03.01 (A) (4) and (A) (5) of the Garfield County Zoning Resolution shall be amended to read "fifteen (15) ". The first sentence of Section 5.03.07(4). of the Garfield County Zoning Resolution shall be amended to· read as follows: Ill the event the County Commiss.ioners or Planning Director determine that the impact of a proposed. industrial operation is such that information in ~ddition to.the impact statement or other informa- tion submitted is necessary for the informed evalu- ation of such impact, such additional information may be required. Section 5.03.07 of the Garfield County ·zoning Resolution shall be amended by the addition of a new subparagraph 7 which shall read as follows: (6) The Planning Director rnayr upon the preliminary determination that.an industrial operation related solely to the extraction .of oil and gas from the groUnd through conventiorici:l use of drilling and pumping, and the extraction of sand and gravel affecting not more than ·f.fun:. acres has. limited impact, waive the requirement for the above-described .impact statement, upon the submittal of such information as the Planning-Director require~ for the eValuatiOn of the imp~ct of such an extractive operation.. If the determip·ation is .later made that additional .. infOrmation is required, subsection (4) of this Section shall apply. Section':"""S.01 of .the Garfield County zoning-Resolution shall be amended by the following words at the conclusion of the first sentence thereof·: and all provisions of Building Code affecting the subject property.· Section 9.02.0l of the Garfield County Zon~g Resolution shall be amended to read as follows: Application: All conditional use permit aPpl~cations shall be filed by the owner or .owner.s qf "the subject lot with the Planning Director on· a form provided by the Pla1i"ning Director for this purpose ·and shall consist of ~11 information required of an application for a permit and subject to a11 administrative procedures thereof plus .the following: · Supporting· informati0n,. plans, letters of approval from responsible agencies and other information to satisfy requirements.listed under conditi9nal and special Uses in. the Supplementary Regulations. Section 9.02.02 of the Garfield County ·Zoning Resolution shall be amended to read as follows: Action by th'e p1·ann·ing Director: The Planni~g Director shall utilize service~ of the.Environmental Health Officer, the Building Officialr and Planning Department and other county and state officials or agencies to arrive'at a determination that the proposed buildings, structure and use is in.compliance with all applicable zoning, sub- divisionr building, .health and sanitation regulations; and if the proposed building, structu~e and.use are in compl.iancer tpe· p·1anning Director sh.all make:, a·:·· recommendation that the County'Comrnissioners consider the application with or without a public hearing. Page 2 AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The Garfield County Zoning Resolution shall be amended by the addition of a Section 9.02.03, which shall read as follows: Action· by the Cb\.mty commJ·s·siah·ers: Upon receiving an application for conditional use Permit and recom- mendation regarding· public hearing from th~ Planµing Dire~tor, the County Cononissioners shall either (1) grant the conditional use permit without conditions, (2) provide the ·applicant with an opportunity for hear- ing, subsequent to which the County Cornmissibners may grant or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution, or {3) schedu1e a public hearing upon the conditional use appl~cation, at which the applicant· and interested parties, including county represe~tatives, will be provided an opportunity to expre.ss their opinions regarding such apJ?lication, sub- sequent ~o which public hearing the County Commissioners may _grant·, or conditionally grant the conditfonal use permit on such condibions as are deemed necessary to effect the purposes of this Resolutioh. A hearing shall b~ held no later than 30 days following the receipt of the Conditional Use Perm.it application unless such time is extended by the County Conunissioners. The County Coromi?sioners may re~er a request for conditional use permit to the County Planning Commission for its review and recommendation. ·Public Notice shall be provided in accordance with the provisions of Sections 9. 03. 03 (-1) and (2) / if public 'i hearing held. The concurring vote of the majority of the County Commissioners shall be necessary to decide that the conditional use permit shall be conditionall°y granted upon specific conditions. The County Conunissioners shall take action on the conditional use permit appli- cation and notify the applicant of their decis~on, in writing, within fifteen (15) days following the public hearing. The decision shall state specific find.liigs Of fact relevant to all essential issues.' If the pe_rmit is conditionally granted, such decision shall inclu"de reasons for conditions imposed. The first clause of Section 9.03.0l of the Garfield county zoning Resolution shall be amended to read as follows: Application: All. special use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all infor- roa tion required o~ an application for a permit and sub- ject to all administrative procedures thereof plus the following: The number "7.02.03" contain~d in SectiOn 9.04.02 of the Garfield county Zoning Resolution shall be amended to read 11 9.05.03". Section 10.04.oi of the Garfield County Zoning Resolution shall be amended to read as follows: Prior to final adoption of any amendment to this Resolution, the CoW1ty Commissioners shall hold a public hearing thereon, at least thirty (30) days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Except for text amendments, notice· of such public hearing shall also be sent by mail at least fifteen (15) days prior to such hearing to all owners of record of proPerty adjacent to the lot or lots subject to the proposed.amendment. Section 11:00 of the Garfield County zoning Resolution shall be -3- AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION amended by the addition of a new paragraph, which shall read as follows: Unless otherwise specifically provided herein, time limitations imposed upon the Board of County Commissioners, the Planning Commission, or any other County officer, or body by this zoning Resolution shall be interpretted as having no consequence other than authorizing any interested party, upon the expiration of .such limitation, to request judicial relief in the nature of mandamus, .requiring the body or officer to make the determinations or decisions required by this Resolution. The expiration of any such time limitation shall not in· and of itself be considered the approval or denial of any application, plan or question under· consideration. The Garfield County zoning Resolution shall be·amended by the addition of new sections 3.11 through 3.11.09, which shall read as follows: 3. ll R-MH/G/UD --RESIDENTIAL-MOBILE HOME/GENERAL/ URBAN DENSITY 3.11.01 Uses, by right: Single-family, two-family and multiple-family dwelling, boarding and rooming house, and customary accessory uses including building for shelter or enclosure of animals or property acces- sory to use of the lot for residential purposes and fences, he?ges, gardens, walls. and similar landscape features; park. 3.11.03 Uses, conditi6nal: Mobile Home as principal -use of the lot; Row House; Studio for conduct of arts and crafts; Home occupationi Church, community bui~ding, day nursery· and school. 3.11.03 uses, special: Mobile Home P;irk; 3.11.04 Minimum Lot Area: 7500 square feet and as further provided under Supplementary Regulations. 3.11.05. Maximum Lot Coverage: 50 percent 3.11.06 Minimum Setback: (1) Front yard; {a) arter.ial streets: 75-feet from street centerline or 50 feet from front lot line, whichever is greater; (b) Local street:· 50 feet from street centerline or 25 feet from.lot line, whichever is greater; (2) Rear Yard: 25 feet from rear lot line; (3) Side Yard: 10 feet from.side lot line or 1/2 the height of the principal building, whichever is greater. 3~11.07 Maximum Height of Buildings: 25 feet 3.ll.08 further Max.irnum Floor Area Ratio: 0.50/l.O and as provided under Supplementary Regulations. 3.11.09 Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations) . -4- AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The first sentence of Section 5.03.oi of the Garfield County Zoning Resolution shall be amended to read as follOws: A mobile home may be allowed as the principal use of a lot as a special or conditional use, as provided within the zone district provisions of this resolu- tion, provided that each of the following conditions .is satisfied in the situation of a special use and that the first three of the conditions are satisfied in the situation of.a Conditional use: The legend .of zone district designations shall be amended by the addition of tne following: .R-MH/G/UD RESIDENTIAL-MOBILE HOME/GENERAL/URBAN DENSITY BE IT FURTHER RESOLVED that the ~oregoing amendments shall be effective i.mmediatelY, that a copy of this amending Resolution shall be filed and recorded with the Garfield County and Recorder, and that all other provisions of the said Garfield County zoning Resolution shall remain in full force and effect. DATED this·· 15th day of October, 1979. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO -5- ... , ( , .... 1111 wr\~~MJ-IJl.~U~U.ur.rPi~llffi~lrW:.~1 ~ 11111 Reception": 736468 10/31/2007 03 :03 :28 PM Je•n Alberico 1 of 3 Reo Fee :S16 .00 Doo F o e :0 .00 GARFIELD COUNTY CO MEMORANDUM OF SURFACE USE AGREEMENT This MEMORANDUM OF si.wACE USE AGREEMENT (the "Memorandum") is made and executed as of the . \ {o day of October, 2007 to evidence that: The Surface Use Agreement (the" Agreement") dated \ Lo f4 October, 2007 was entered into by and between Battlement Mesa Partners LLC, a Colorado limited liaqility company, whose address is 73 G Sipperelle Drive, Parachute, CO 81635 (the "Surface Owner") and Williams Production RMT Company (the ''Operator"), which, among other provisions, provides as follows: Surface Owner agrees that Operator may use each of the two (1) existing surface locations, completion \lfld operation of the twenty-one (21) proposed wells (the "Wells") described on the attached Exhibit "A": Operator may begin operations to drill each Well any time prior to December 151 , 2007, or any time thereafter as mutually agreed to by Surface Owner and Operator. Surface Owner agrees with the surface and bottom hole locations of the Wells described on the attached Exhibit "A". This Memorandum shall be construed as a covenant running with the Lands and shall be binding on any and all personal representatives, successors, and assigns of Surface Owner and Operator. This Memorandum is being executed by Surface Owner and Operator for the primary purpose of recording and thus advising all interested parties of the existence and validity of such Surface Use Agreement, the exact tenns and conditions of which are more fully stated in the unrecorded instrument on file with the respective parties and, that this Memorandum shall constitute notice to all parties of the existence of this Agreement as though it was described in total detail herein. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first above written. artners LLC By: ~C:~_.-.::==::::::=::::::_ __ Eric a Authorized Agent for Battlement Mesa Partners LLC, A Colorado limited li ability company Williams Production RMT Company Page I of2 EXHIBIT & - 3 --" ' ~~~!°t~~~!i·~r.Hl.rWotll~lrifl"ltl*~ ~·ii 11111 1013112007 °3 :03:26 Pl1 Ja1.11 Alberlco 2 of 3 Rec Fee:S16.~ Doc Fea:0.00 GARFIELD COUNTY CO Sate of Colorado ) ) County of Garfield ) A der my hand and Notarial Seal this 11_ day of October, 2007 ) ) County of Denver ) ~(~ Before me, a Notary Public, in and for said County and State aforesaid, do hereby certify that Joseph P. Barrett, whose name is subscribed to the foregoing instrument as Attorney-in-Fact, of Williams Production RMT Company, a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and purposes set forth. Given un my hand and Notarial Seal this Jl... day ~;October, 2007 c:__· My Commission Expiifes: :{f t/Jb (r ffitu·, ~ 6ww (Seal) Notary Rtjniblic Pabliv 5 ... '(. 1111 wr'i. N~l\'l.HI~ .Hil .H!U.W,11\'il,&ll:llr'lt 1!¥.~'~ 11111 Reception**: 736468 1013112007 03:03:28 PM Jean Alberico 3 of 3 Reo Fea:S16.00 Doc Fea:0.00 GARFIELD COUNTY CO EXHIBIT"A" Attached to and made a part of the Surface Use Agreement dated October~ 2007, between Batlement Mesa Partners, Surface Owner, and Williams Production RMT Company, Operator Name of Well For Surface where the New Well will be To be Drilled Drillina Program Townshio & Range Section Location Localed uuarter-t..1uaner Name 01 r:::x snng vvell Paa PA433-5 2007 T7S,R95W 5 NWSE GV 82-5 PA24-5 2007 T7S, R95W 5 NWSE GV82-5 PA424-5 2007 T7S, R95W 5 NWSE GV82-5 PA434-5 2007 T7S, R95W 5 NWSE GV82-5 PA 13-5 2009 T7S, R95W 5 NWSE GV82-5 PA313-5 2009 T7S, R95W 5 NWSE GV82-5 PA413-5 2009 T7S, R95W 5 NWSE GV 82-5 PA 14-5 2009 T7S, R95W 5 NWSE GV 82-5 PA314-5 2009 T7S, R95W 5 NWSE GV 82-5 PA414-5 2009 T7S,R95W 5 NWSE GV 82-5 PA514-5 2009 T75, R95W 5 NWSE GV82-5 PA324-5 2009 T75, R95W 5 NWSE GV82-5 PA524-5 2009 175, R95W 5 NW5E GV82-5 PA534-5 2009 175, R95W 5 NWSE GV 82-5 PA23-5 2009 l75,R95W 5 NWSE GV82-5 PA325-5 2009 l7S,R95W 5 NWSE GV82-5 PA33-5 2009 l7S, R95W 5 NWSE GV 82-5 PA333-5 2009 T75, R95W 5 NWSE GV 82-5 PA423-5 2009 T75, R95W 5 NWSE GV 82-5 PA34-5 2009 l7S,R95W 5 NWSE GV 82-5 PA334-5 2009 T75,R95W 5 NWSE GV 82-5 111111111111111111111111111111111111111 h1 .~1 1111111111 548481 07108/1999 12:05P 81139 P1 04 n ALSO ORF 1 of 26 R 130.00 D 0,00 GARFIELD COUNTY CO SURFACE USE AGREEMENT This surface Use Agreement is made and ente r ed into this t.,.\4 day of J>...~u..:=..T • 1990 , between BATTLEMENT ME SA PARTNERS, a -- co.l.arado general 9artnership,_ who s e address is 5575 DTC Parkway, suite 300, Englewood, Colorado 80111, and BATTLEMENT MESA REALTY PARTNERS, a Colorado general partnership, whose address is 5575 D.T.C. 2ar.kway.,. Suite 300,. Eng.l ewood,_ Co l orado 801 11, (hereinafter col l ective l y referred to as "Surface Owners"), and BARRETT RESOURCES CORPORATION , a De l aware corporation, (hereinaft er referred to as "Barrett"), whose address is 1125 Seventeenth Street, 12100, Denve r Col orado 80202 . RECITl\LS 1. Surface owners are developers and o wners o f a sign i ficant portion of the planned community l ocated in Garfi e l d county, Colorado, near the town of Parachute , commonly referred to as Battlement Mesa . 2 . The Battlemen t Mesa planned communit y com prises ~11 or part of the fo llo wing described lands : Township Section Section Section Section Section Section Section Section Section Secti on 7 South, 5: s/2 6: SE/ 4 7: E/2, B: All 9: All 10 : W/2 16: SW/4 17: All 18: All 19: N/2 Range 95 West SW/4 Township 7 South, Range 96 West Section 13 : E/2 Section 24: NE/4 The above -described lands shal l be referred to in this Agreement as "Battlement Mesa", even though the above-described area does not exactly coincide with the exac t boundaries of the Planned Unit Deve l opment (PUD) for Battlement Mesa as approved by Garfield county , Colorado. 3. Barrett des ires to d r ill and operate oi l and/or natural gas wells at l ocations in Garfield County, Co l orado, including l ocat i ons within Battle ment Mesa . -1 - (,..· . /•7 I I .. ; '.) q, , I' \,,/f EXHIBIT H I llllll lllll llllll llllll lllll Ill lllllll " ''11111111111 548481 07/08/1999 12:05P B1139 P.. .1 RLSOORF 2 of 2S R 130.00 Q.0.00 GARFIELD COUNTY CO 4. Barrett :t!f,t]~~ ::n 1\.j•plication with the oil and Gas Conservation Com1~ii ;:c1 >f t11a State of Colorado in cause Nos. 139 anJ 441) to sp.::e e tl.1~ n.1>ove-described area at a 160-acre basis for: the pr:odJJ _ _.:_t..ior. ·::i::: ~:.:i.:;; dn.1 associated hydrocarbons from the Wasatch Formation ;·,n<~. t :·1~ Mesaverde Formatfon una·erlyin·g· Battlement He;;a ar~·· •:ilL~r lands_ The Application was heard by the commission 011 .:.p::i 20, 1990. 5. Surface n.10~1.,; filed, a Protest to this Application before the oil and G:1:.; Conservation comm.lssion of the State. 6. Battlemen': 1•h:!sa is a planned community of approximately 3, 200 acres of spi.?;·~i ii cal ly zoned lands with an ultimate build out population of 24,000 residents. Major infra-structure. including a four-i~ne arterial roadway system, water and sewer treatment faciliti~s, underground public utilities, commercial pr ope rt ies, an act iv i t~f center, and a golf course are in place and fully operational. 7. There are appcoximately 1,800 residents of Battlement Mesa within various subdivisions and numerous other non-resident property owners and investors. 8. Barrett and surface Owners agree that the drilling and operation of gas an~/or oil ~ells within Battlement Mesa will need to be accomplished in a carefully considered manner to preserve the aesthatics of the community and preserve the quality of the use and enjoyment of the property by the surface owners and by the residents of t11e community. 9. surface owners and Barrett agree that oil and/or gas well drilling anU cperational activities within Battlement Mesa need to be accomplishi:iO in a mutually satisfactory manner. For and in consideration of the sum of Ten Dollars {$10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, Surface owners and Barre~t agree as follows: 1. No Rights Implied. Nothing herein shall be construed or implied as a grant by the surface Owners of the right of ingress and egress or of the right to pipeline or other easements on any part of Battlement Mesa. In a like manner, nothing herein shall be construed as di-vestinc; Barrett of its common .law rights of ingress and egress, except as agreed to herein. The purpose of. this Agreement is to set forth the terms and understandings for the use of the surface of Battlement Mesa by Barrett for oil and gas drilling, completion and production activities pr·ovided Barrett has otherwise acquired, either by other instrument with the surface owners or by rights acquired from third parties, the right of ingress and egress or the right to pipeline or other easements upon Battlement Mesa, - 2 - 2. Exxon Agreement. Barrett has been made aware of and agrees to comply with the terms and provisions of a certain Agreement between the Surface owners and Exxon Corporation pertaining to drillsite locations within Battlement Mesa. Any oil or gas drilling and production operations by Barrett shall be conducted in strict compliance with the terms and provisions of the Agreement between Exxon Corporation and the Surface Owners, dated December 12,_ L9.a9-,. wh.i.ch. N;JZ::ee-men.!:J. is-attached-here"tu a::s- Exhibit A and incorporated herein by reference (hereinafter "Exxon Agreement"). In the event of a conflict between this Agreement and the Exxon Agreement, the terms and provisions of the more restrictive agreement for Barrett shall control. Nothing herein shall be construed as a waiver by the surface owners of any of its rights under the Exxon Agreement. 3. Barrett's Operations. Barrett agrees to comply with all of the rules and regulations of the Oil and Gas Conservation Commission of this State concerning the development of the property concerning oil and gas drilling or exploration activities on Battlement Mesa. Barrett recognizes that the oil and Gas Conservation commission of the State of Colorado may only limit drilling or production activities in Battlement Mesa when such activities are proposed for certain spaced formations, and that there may be no restriction on such activities for format ions.. a.tiler. than. thGse space<'l by· the· Oi-1· am:)-Gas- Conservation Commission, other thari under Rule 318 of the Commission. Notwithstanding the fact that the rules and regulations of the oil and Gas conservation Commission of the State of Colorado may not limit drilling activity for formations other than the Wasatch and Mesaverde Formations as now considered in Causes 139 and 440, Barrett agrees that any and all drilling and oil field operation activities conducted within Battlement Mesa shall be in strict compliance with the Exxon Agreement and the terms and provisions of this Agreement. In addition, Barrett agrees to comply with the provisions of Exhibit B attached hereto and made a part hereof. 4. Protest. In consideration of this Agreement, Surface owners stated on the record at the Oil and Gas Conservation Commission hearing on April 20, 1990, that the substance of their protest was withdrawn. At the hearing, the Commission adopted the Application of Barrett, subject to certain modifications with respect to well locations and spacing, and adopted a rule with respect to lands within the Battlement Mesa PUD area that the surface owners' consent be obtained to the drilling of any well therein. This agreement represents the consent of Battlement Mesa Partners and Battlement Mesa Realty Partners to the locations set forth herein~ Nothing herein shall be construed as the consent of the Surface owners to locations within the Battlement Mesa PUD area as to lands located therein wherein Battlement Mesa Partners or Battlement Mesa Realty Partners do not own the surface. - 3 - 1111111111111111111111111111111111111111111111111111111 548481 07/08/1999 12,05P 81139 P106 K RLSDORF 3 of 26 R 130,00 D 0.00 GARFIELD COUNTY CO 5. No Warranty. Notl1ing herein shall be construed as a representat1on or warcanty by tl1e surface owners that they have the authority or ability to act for the benefit of parties other than themselves, 6. Term of Agreement. The term of this Agreement shall be for a ~erlod of Fifty (50) years, and for so long thereafter as any oil and/or gas well which is drilled or caused to be drilled by Barrett within Battlement Mesa remains productive. 7. Indemnity. All use and occupancy of the surface of Battlement Mesa by Barrett, its agents, employees, contractors, representatives or assigns, shall be at the sole risk of Barrett, Barrett hereby indemnifies and hold harmless Surface owners from and against any and all losses, costs, damages, claims, awards, expenses, demands, judgments or liabilities resulting from injuries or death of any person whomsoever, or losses, damages or destruction of any property whatsoever caused by Barrett's oil and gas activities and operations on Battlement Mesa, or by Barrett's agents, representatives, contractors 1 employees, or assigns. Specifically excepted from Barrett's foregoing .indemnity in favor of the Surface Owners shall be those losses suffered by the surface owners (or other third parties) that are caused by the negligence or fault of the Surface owners, or the surface Owners' agents, representatives, contractors, employees, or assigns. Barrett shall keep Battlement Mesa free and clear of any and all liens for labor or work performed by it or its subcontractors upon Battlement Mesa relating to its oil and gas exploration, development or production operations or for materials furnished thereto. Notwithstanding the above, Barrett may contest the validity of any alleged lien, including the enforcement thereof. Barrett agrees to pay any and all property taxes, assessments, governmental charges imposed upon its interest in Battlement Mesa and upon any building, structure or other improveroents, equipment or personal property placed or erected upon Battlement Mesa. 8. covenants Running With the Land. Parties hereto agree that the rights and obl1gat1ons of the parties hereto in this Agreement shall be covenants running with the lands and shall not be held or trarisferred separately therefrom. Barrett may not record this Agreement l n Garfield county, Color ado, wi thollt the prior written consent of Surface owners. Surface owners may so record this Agreement after ten {10) days written notice to Barrett of their intent to do so. 9. Notices. Any and ~ll notices or communications required or desired to be given under the terms of this Agreement shall be served by certified or registered mail, return receipt requested, or by personal delivery with signed receipt therefor, at the parties' addresses listed below or at such address as any party may specifically de•ignate in writing: -4 - 111111111111111111 llllll 1111111111111111111111111111111 54li4BI 07/08/1999 1z,05p 81139 P101 n ALSOORF 4 of 26 R 130.00 D 0.00 GARFIE!.D COIJffTY CO If to surface owners: Battlement Mesa Partners Battlement Mesa.Realty Partners 5575 OTC Parkway, Suite 300 Englewood, CO 80111 Attention: David Gitlitz cc: Battlement Mesa Partners Battlement Mesa Realty Partners P. o. Box 6000 73G Sipprelle Drive Battlement Mesa, co 81636 Attention: William W. Wilde If to Barrett: Barrett Resources corporation 1125 Seventeenth St., #2100 Denver, CO 80202 Service of notice shall be effective upon receipt thereof. 10. Entire/Controlling Agreement. This Agreement constitutes the entire Agreement bet~een the parties here~o relative to the subject matter hereof,_ and the.r.e.. is. no-0th-e-r e-~pr-essed-or implied" understanding regulating the subject matter of this agreement which shall be deemed to exist or bind the parties hereto, their respective heirs, executives, administrators, personal representatives, successors, or assigns, except as referred to herein. 11. Controlling Law/ Counterparts. This Agreement shall be governed by and construed under the laws of the State of Colorado. This Agreement may be executed in a numbe.r. o.f.. cGun-te-r.:pa-I'ts·, each· of wYtfcli shall be considered as an original for all purposes. 12. Headings. The underlined headings used throughout this Agreement are for reference purposes only and ehall not in any way effect or govern the meaning or interpretation of this Agreement or any provision thereof. 13. Jnurement. This Agreement shall inure to and be binding upon each of the parties hereto, and their respective successors, assigns, affiliates, or subsidiaries. In the event that, by agreement with third parties, Barrett causes a well or wells to be drilled on Battlement Mesa by said third party, or transfers all or part of its leasehold interest within Battlement Mesa to said third party, then Barret~ agrees to provide a copy of this Agreement to said third parties. In the event said third party or parties, or assignees, enters Battlement Mesa and drills a well thereon, such activity shall not relieve Barrett from its liability or obligations under this Agreement. -5 - I llllll 111111111111111111111111111111111111111111111111 548481 07/08/1999 12,05P 81139 P108 " ALSDORF 5 af 26 R 130.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, this Agreement is executed this L.i_T~ day of A. ....... G.,..._._E:.."\ , 1990, to be effective this date. STATE OF COLORADO COUNTY OF lJFri \IE A, SS. BARRE:T i :JOU_,E CORPORATION BY-;-""'~:c-~J.;i~f-~~~~~~~ A. Ra President -Production BATTLEMENT MESA PARTNERS, a Colorado General Partnership By: Community Holdings West, Inc., a Colo~ado corpor. t n, its Genera Par):nE!r / t~· <f:-___ . Davi A. Gitlitz, BATTLEMENT MESA REALTY PARTNERS, a Colorado General Partnership By: Community Holdings West, Inc., a Colorado corpor tion,-its Gener"l Pa7fne · Davi Acknowledged before me this 16TH day of AuGLJ:>:C , 1990, by A. RALPH REED, as Executive Vice President -Production of BARRETT RESOURCES CORPORATION. l) b.[:bQ-i .ro My Commission expires: B fy.{qL[_ - 6 - 1111111111111111111111111111111111111111111111111111111 546461 07/06/1999 12,05P B1139 P109 M ALSOORF S of 26 R 130.00 D 0.00 G<IRFIELD COUKTY CO STATE OF COLORADO COUNTY OF G~1t!.fi~L.J) SS. Acknowledged before me this ·J!/i day of C7r,.:..t_lu.:;,f , 1990, by DAVID A. GITLITZ, as President of Community Holdings West, Inc., a Colorado corporation, General Partner of BATTLEMENT MESA PARTNERS. ST ATE OF COLORADO COUNTY OF GARf'//fL/) SS. ., /:"'\ J .-[ , l / } l --;,-· , ~-0 ;;.,(4J,,,?:.-f. '¥# Notary Pubftc My Commission expires:~ 13 /C/1 I Acknowledged before me this 7fli day of Aitusf-, 1990, by DAVID A. G!TLITZ, as President of community Hal ings West, Inc., a Colorado corporation, General Partner of BATTLEMENT MESA REALTY PARTNERS. /) , t; n _.n ,;r-'/t)Hl_,;i _:__-;1 /'(:tppo ref :012A/DD18 -7 - 1111111111111111111111111111111111111111111111111111111 548481 07/08/1999 1z,0~P 81139 P110 ~ RLSDORF 1 of 26 R 130.00 D 0.00 GAAFIELD COUNTY CO , ' 1111111 UJllllJlll UJI~ lllllU!!l~lll. Jlll llll ll!l 548481 07/08/1999 12:05P 81139 Plll H ALSDORF 6 of 26 R 130.00 D 0.00 GRRFIELD COUNTY CO EXHIBIT A TO SURFACE USE AGREF'..KENT Dated [,. T-1 day of ~. 1990 Between Battlement Mesa Partners, Battlement Mesa Realty Partners and Barrett Resources Corporation EXXON AGREEMENT EJ$(_0N COMPANY USA POST DfflCE SOK 1600 • MIDI.AND_ TEXAS 19102· 1600 ,...oouc1101< OEf .. "T"'El<l' S0<.11 >lW[ST[lll' OlVISoON Battlement Mesa Partners Suite 300 5575 OTC Parkway Englewood, Colorado 80111 Dear Madam or Sir: Decaroer 12, 1989 When accepted by you, as evidenced by your signing and returning to the undersigned one executed copy hereof, this letter shall serve as our agreement on guidelines regarding Exxon Corporation's conduct of oil. gas and other mineral activity from or under the surface of the land ("Said Land~} more particularly described on Exhibit "A." hereto. Exxon, only insofar as its interests are concerned, does hereby agree, that 1 except as provided herein, it will not use, occupy, or place any fixtures, equipment, buildings or other structures on the surface of Said Land pursuant to its rights as an owner of the mi~erals therein, provided, however that {l} nothing contained herein shall be construed as waiving, f-eleasing, relinquishing, or otherwise affecting any of Exxon's rights, title and interests, in and to the oil, gas, water (regardless of salinity}, and other minerals in and under Said land or Exxon's right to use, exploit, develop and produce the oil, gas, water {regardless of salinity), and other minerals thereunder by wells drilled and other operations conducted on the surface sites provided for herein, or at surface locations outside of Said Land. including, but not limited to, wells drilled directionally under or through Said land and bottomed beneath Said La.nd or bottomed beneath lands outside Said land provided that no such activities will disturb the support or unreasonably disturb the surface of S~id land outside of the hereinafter designated Drillsitesi and (2) nothing herein shall be construed as waiving, releasing, relinquishing, or otherwise affecting any of Exxon's rights to use the surface of Said Land for geophysical testing operations if such operations would not unduly interfere with Battlement Mesa Partners' {hereinafter referred to as •suyer") use of Said land, it being understood that some of the geophysical operations referred to herein involve the use of various kinds of energy sources in conjunction with geophysical detection and recording devices which measure and record geophysical properties of the earth, which properties include, by way of example and not of limitation, magnetics, acoustics, gravity, electricity, or other industry accepted geophysical testing. It is understood and agreed that any drilling operations which Exxon conducts on Said Land shall be conducted upon those surface sites (the 'Orillsites') the general locations of whlch are indicated on Exhibit n5* hereto. At least 120 days prior to the time that Exxon decides to conduct such operations Buyer and Exxon shall execute a surface use agreement reasonable to both parties hereto on a form to be negotiated at the time, which shall contain: {l) a specific legal description of the Drill sites upon which such operations are to be conductedj (2) provisions granting easements for access to the Orillsites 1·1m11·11111·1111111111~·11111·11111~111·1111111t1~111t1 548481 07/08/1999 120051' 81139 P112 M RlSDORF 9 o( 26 R 130.00 D 0.00 GRRFIELD COUNTY CO .Battlement Mesa Part -s - 1 -!Jeca<ber 12, 1989 for conduct1ng the drilling operations; and {3) prov1s1ons granting easements for such pipelines or other methbds of transportation of production as may be required to transport production from wells drilled on the Drill sites. It is expressly understood and agreed that Exxon shall not be obligated to pay any consideration for said agreement. It i·s· expressly· understood· and· .igreed· that, at li!sst· lZO· days pr-i-or-· to· the· commencement of the construction of any improvements upon Said Land which would unreasonably interfere with Exxon's access to and/or use of the Orillsites for drilling or production operations, Buyer will provide written notification to Exxon at the following address: Exxon Company, U.S.A. Attention: Right of Way and Claims Supervisor P. 0. Box 1600 Hidland, Texas 79702-1600 specifically describing the [>lanned improvements and Exxon and Buyer agree to negotiate in good faith to agree on one or more alternate Orillsites and/or to modify Buyer's p 1 anned deve 1opment s or improvements to a 11 ow Exxon adequate access to the Drillsites if Buyer's planned improvements may unreasonably interfere with the use of the Drillsites specified herein. It is expressly understood and agreed that Buyer will not construct any de'.'e1opments or improvements upon Said Land if such improvements or developments would substantially interfere with Exxon's uSe of the Drillsites and the parties are unable to designate alternate Drillsites or otherwise provide for adequate access to the Orillsites. In the event that (l) any portion of any or all of said Drillsites is taken through the exercise of the power of eminent domainj (2) some portion of the Said Land is taken through such exercise which would preclude Exxon having reasonably sufficient access to said operatior1 sites for drilling or production operations; or (3) as the result of any law, rule, ordinance, or regulation of any federal, state, or municipal body, said Drillsites cannot be used for operations as provided herein, Buyer agrees to negotiate in good faith to designate alternate Drill sites. Notwithstanding anything in this letter to the contrary, £xxon agrees on behalf of itself, its successors and assigns, that with respect to Drillsites on Ex.hibit •0•1 hereto which are adjacent to subdivisions on Said Land in ·existence on the date hereof (which includes all Drill sites except those designated •A•, •s• or •c•}, that Exxon shall locate and operate any pipelines or other distribution or collection facilities (the •facilities") necessary to service such Drillsites in designated and platted open spaces within or between said subdivisions to the extent any such facilities must be located in, on or under said subdivisions. With respect to subdivisions or other planned developments on Said land which Buyer intends to plat after the date hereof. Buyer agrees that it shall give Exxon written notice thereof at lease one hundred twenty (120) days before filing a plat, PUO, or other document ("Development Documents") with the appropriate governmental authority {"Development Noticew). Said Development Notice shall contain proposed Development Documents which shall include designated access easements for the Orillsites and designated corridors for pipeline easements. \./ithin ninety (90} days of receipt. of said Development Notice, Exxon shall be entitled to review and corM1ent upon the locations of said designated areas and pipeline easements. If Exxon raises sald concerns as. to said designated easement locations, Buyer and Exxon shall negotiate i~ good faith concerning f1nal I· llllll lllll · Ullll-1111~ -lllll Ill llElll Ill. lllEI IE. !Ill 548481 07/08/1999 12,05P 81139 P113 n ALSDORF 10 of 26 R 130.00 D 0.00 GARFIELD COUNTY CO Battlement Kesa Partr ··s - 3 .Jece:n.':>er __ .r.., ..:_359 designation of said easement locations. If Exxon does not respond to said Development Notice within said ninety (90} day period, Buyer shall be entitled to file the Development Documents with the appropriate governmental authorities and Exxon shall be deemed to have waived any rights to object to the 1ocation or locations of access and pipeline easements and further, Exxon shall be deemed to have approved same and shall be bound by the Development Documents as filed with the appropriate governmental authorities. It is the intent of the parties hereto that this letter agreement shall be interpreted so that each party shall be entitled to develop fu11y their respective interests in or under Said Land and the parties agree to act in accordance with such intent. Accepted· and· Agreed· to: BATTLEMENT MESA PARTNERS, a Colorado general partnership By: Community Holdings West, a Colorado corporation, general· partner 11· !~ Inc., President By: Universal Western Properties, Jnc., a Colorado corporation, general partner By:(~/Vi. +ff!hl CarOM:rlend, Vice t=eSfdent EXXON CORPORATION By: G.4.·w£e0!~ Engineering Manager, Production Department, Ex~on Company, U.S.A. (a division of Exxon Corporation) Agent and Attorney in Fact Date : _ _,~==='-'.:J0=1J-L\'j,.8'j'-'---- I llllll lllll llllll llllll 1111111111111111111111111111111 54848\ 07/08/1999 12:05P 81139 P114 " RLSDORF 11 of 26 R 130,00 D 0.00 GARFIELD COUNTY CO .;,;,_.) ::.'L -- EXHIBIT b LEGAL DESCRIPTION A parcel of land lying in Sections 5, 6, 7, 8, 9, 10, 16, 17, 18, and 19, To~nship 7 South, Range 95 West and Sections 13 and 24, Township 7 South, Range 96 West, of the sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range 95 West; Thence along the East line of Section S South 00·15 1 43n West a distance of 1628.34 feet, to the Southeast Corner of the Nl/2 NEl/4 SEl/4 SEl/4 of Said Section 5; Thence along the South line of the Nl/2 NEl/4 SEl/4 SEl/4 North 01·19 1 30~ West a distance of 664.56 feet, to the Southwest Corner of said Nl/2 NEl/4 SEl/4 SEl/4; Thence along the West line of the Nl/2 NEl/4 SEl/4 SEl/4 of Section 5, North OD'23'16n East a distance of 324.34 feet to the Northwest Corner of said NEl/4 SEl/4 SEl/4; Thence along the North 1ine of the SEl/4 SEl/4 of said Section 5, North B7"26'14w West a distance of 66J.79 feet, to the Northwest Corner of &aid SEl/4 SEl/4; Thence along the West line of SEl/4 SEl/4 of said Section S, South 00"30'52w West a distance of 1292.05 feet to the Southwest Corner of said SEl/4 SEl/4; Thence along the South line of said Section 5, South 86"59'25• East a distance of 1333.74 feet to the Southeast Corner of said Section 5; Thence along the North line of Section 9, Township 7 South, Range 95 West, South 57•59 1 43• East a distance of 13~6.37 feet, to the Northeast corner of the NWl/4 NW1/4 of said Section 9; Thence along the East line of the NWl/4 NWl/4 of said Section 9, South 01"02'26• West a distance of 1301.45 feet to the Southeast Corner of said NWl/4 NW1/4; Thence along the Horth line of the SEl/4 NWl/4 of said Section 9, South BS"02'23• East a distance of 1324.35 feet to the Northeast Corner of said SEl/4 NWl/4; Thence along the North line of the SW1/4 NEl/4 of &aid Section 9, South 88'35'51• East a distance of 1275.60 feet, to the Northeast Corner of said SW1/4 NEl/4: Thence along the West line of the NEl/4 NEl/4 of said Section 9, North Ol"04'15w East a distance of 1311.84 feet to the NorthYest Corner of said.NEl/4 NEl/4; Thence along the North line of said Section 9, South I llllll lllll 1111111111111111111111111111111111111111111 548481 07/08/1999 12:05P B1139 P115 H ALSDORF 12 of 26 R 130.00 D 0.00 GARFIELD COUNTY CO 89"06'43• East a distance of 1274.26 feet to the Northeast Corner of said section 9; Thence along the East line of said Section 9, South 01·00'49• West a distance of 1323.29 feet, to the Southeast Corner of the NEl/4 NEl/4 of said Section 9; Thence along the North line of the SWl/4 NWl/4 of Section 10, To\.mship 7 South, Range 95 West, South 88"46'55• East a distance of 631.29 feet to a point on the North line of the said SWl/4 NWl/4, 687 feet West of the Northeast Corner of said SWl/4 NWl/4, said point being the Northwest Corner of that parcel of land described in Document Number 190564 as recorded in Book 302 at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parcel the following five (5) courses: ( 1) South 00•49 1 34• West a distance of 221.67 feet~ ( 2) South 48"09'56• East a distance of 361.92 feet to a point 456.00 feet, as measured at right angles, southerly from the North line of the SWl/4 NWl/4 of said Section 10; (3) south 89"17'47• East a distance of 166.55 feet; (4) South 00·49 1 34• West a distance of 201.43 feet; (5) South 89"17 1 47• East a distance of 246.37 feet; to a point on the East line of said SWl/4 NWl/4 655·feet South of the Northeast Corner of said SWl/4 NW1/4i Thence departing said parcel boundary along the East line of the SWl/4 NWl/4 of said Section 10, South 00•54 1 36• West a distance of 667.20 feet to the southeast Corner of said SWl/4 NWl/4; . Thence along the East line of the NWl/4 SWl/4 of said Section lO, South 00•54•3s• West a distance of 1315.11 feet to the Southeast Corner of said NWl/4 SWl/4; Thence along the South line of the NWl/4 SWl/4 of said Section 10, North 99•11•04• West a distance of 1323.06 feet to the Southwest Corner of said NWl/4 SWl/41 Thence along the South line of the Nl/2 SEl/4 of Section 9, Township 7 South, Range 95 West, North 87.19'11• West a distance of 2557.45 feet to the Southwest Corner of said Nl/2 SEl/4; Thence along the South line of the Nl/2 SWl/4 of Section 9 1 North BB"JB'OS• West a distance of 2654.44 feet to the Southwest Corner of said Nl/2 SWl/4; Thence along the South line of the NEl/4 SEl/4 of Section B, Tovnship 7 South, Range 95 West, North ee·43'49• West a distance of 1331.33 feet to the southwest corner of said NEl/4 SEl/4 of Section S; Thence along the West line of the SEl/4 SEl/4 of Section 8 1 South 01"20'14~ West a distance of 1316.23 feet to the 1111111 1111111111111111111111 Ill lllllll Ill llllll lll llll 548481 07/08/1999 l2•05P 81139 Pll6 K RLSDORF 13 of 26 R 130.00 D 0.00 GARFIELD COUNTY CO A-2 south~est corner of said SEl/4 SEl/4 of Section a; Thence along the East line of the Wl/2 NEl/4 of Section 17, South 01·00•57• West a distance of 2639.16 feet to· the Southeast Corner of said Hl/2 NEl/4 of Section 17; Thence along the North line of the NEl/4 SEl/4 of Section 17, South 88.46'04• East a distance of 1324.13 feet to the El/4 Corner of section 17; Thence along the Easterly line of the NEl/4 SEl/4 of Section 17, south 01·01•24~ West a distance of 1320.50 feet to the Southeast Corner of the NEl/4 SEl/4 of Section 17; Thence along the North line of the SWl/4 SWl/4 of Section 16, To~nship 7 South, Range 95 West, South 87.41'1J• East a distance of 1330.94 feet to the Northeast Corner of said SWl/4 SWl/4; Thence along the East line of the SWl/4 SWl/4 of Section 16, South 01"03'30* West a distance of 1322.00 feet to the Southeast Corner of said SWl/4 SWl/4; Thence along the South line of said Section 16 North B7"37'1Bw West a distance of 1330.20 feet to the Southwest Corner of said Section 16; Thence along the South line of Section 17, Township 7 South, Range 95 West, North BB"44'0l• West a distance of 1984.49 feet to the South~est Corner of the El/2 SWl/4 SEl/4; Thence along the West line of the El/2 SWl/4 SEl/4,·North oo·s9 1 11• East, a distance of 1319.91 feet to the Northwest Corner of said El/2 SWl/4 SEl/4; Thence along the South line of the NWl/4 SEl/4 of said Section 17, North 88"45'02• West a distance of 661.78 feet to the Southwest Corner of said NWl/4 SEl/4; Thence along the south line of the NEl/4 SWl/4, North a9·4s 1 02• West a distance of 1158.58 feet to a point 10 rods East of the Southwest Corner of said NEl/4 SWl/4; Thence North Ol"OJ'o4• East a distance of lJl.93 feet; Thence North 88"43 1 44• West a distance of 165.63 feet;. Thence North 00"55'58• East a distance of 527~66 feet, alonq the West line of the NEl/4 SWl/4 ta the Northeast Corner of the Sl/2 NWl/4 SW1/4i Thence North ee•45 1 33• West 1324.42 feet ta the Northeast Corner of the El/2 SEl/4, NEl/4 SEl/4 of Section 18, Tovnship 7 South, Range 95 West; Thence along the North line of the El/2 SEl/4 NEl/4 SEl/4 of said Section 18, North 88"24'33• West a distance of J29.B6 feet to the Northwest Corner of said El/2 SEl/4 NEl/ 4 SEl/ 4; Thence along the West line of the El/2 SEl/4 NEl/4 SEl/4 of said Section 18, South 00•53t57• West a distance of 659.61 feet to the Southwest Corner of said El/2 SEl/4 NEl/4 SEl/4; 1111111111111111111111111111111111111111111111111111111 548481 07/08/1999 12•051' 81139 Pl17 " Rl.SDDRF 14 of 2S R 130.00 D 0.00 GARFIELD COUNTY CO }\-] Thence along the South line of the NEl/4 SEl/4 of said Section 18 1 North 88"26'07• West a distance of 989.84 feet to the Southwest Corner of said NEl/4 SEl/4: Thence along the East line of the SWl/4 SEl/4 of said Section 18, South 00•55'21• West a distance of 1320.46 feet to the Southeast Corner of &aid SWl/4 SEl/4; Thence along the East line of the Wl/2 NEl/4 of Sectiori 19, Township 7 South, Range 95 West, South oi·o6 1 J4• West a distance of 2642.08 feet to the Southeast Corner of said W1/2 NEl/4; Thence along the south line of the NEl/4 of Section 19, North 88"41 1 12• West a distance of 1329.89 feet to the Southwest Corner of said NEl/4; Thence continuing Westerly along the South line of the NWl/4 of said Section 19, North 88"41'12• West 2570.38 feet to the Southwest Corner of said NWl/4 of Section 19; Thence continuing Westerly along the South line of the NEl/4 of Section 24, Township 7 South, Range 96 West, North 89"32'43• West a distance of 2673.12 feet to the. Southwest Corner of said NEl/4; Thence along the West line of said NEl/4, North 00·23r55• West 1023.06 feet; Thence North 01·25•42• East 229.68 feet; Thence Horth 66"11'04• West 236.83 feet; Thence North 34•29 1 42• Eaat 1613.03 feet; Thence North BB"S2'JO• West 202.82 feet; Thence North 00·00 1 00• East 461.13 feet; Thence North Bl"lO'OO• West 955.94 feet to the centerline of the Colorado River; Thence along said center the following courses and distances; Noz::th-2-s-·2-s-'2·5 .. · East 232·.ga· f'eet; North 30"21'25• East 206.15 feet; North 35·25 1 2s• East 644.58 feet; North 29"17 1 25; East 829.JB feet; North 40"24'25• East 99.86 feet; North 36"27'25• East 150.05 feet; North 34•54 1 25• East 163.27 feet; North 31·12 1 21• East 266.75 feet; North 50"36'25• East 686.79 feet; North 12·23 1 50• East 390.96 feet; North 76"17'12• East 151.22 feet; North 77·41 1 27• East 463.54 feet; North 79•53 1 07• East 281.99 feet; North 79·01 1 so• East 87.91 feet; North 62'57'39• East 251.89 feet; North 27°17 1 27• East 312.44 feet; North 40.46'59• East 126.43 feet; North 24·17'40• East 197.27 feet; I llll\\ lllll llllll llllll lllll Ill l\lllll Ill lll\ll \111111 548481 07/08/1999 12o05P 81139 P118 " ALSDORF 15 or 2S R 130. 00 D 0. 00 GARFIELD COUNTY CO A-4 North 32"26'39"' East 124.13 feet; North 60"01'18"' East 109.42 feet; North 74"02 1 49"' East 226. 07 feet; North 78"19 1 08"' East 154.17 feet; Horth 50"40'20" East 444. -46 feet; North 35"52'21• East 14 9. 3 2 feet; North 26"41'02• East 150. 3 4 feet; North 14"13'25"' East 511.69 feet; North 24"54'48 ... East 241.07 feet; North 14"40 1 02• East 996. 76 feet; North 04. 23 '2~· West 274.60 feet; North 08"35'04lt' East 215.19 feet; North 20"08'11"" East 79.88 feet; North 32"27'48"' East 71.69 feet; Thence leaving said Colorado River centerline South Bl"OB'll"' East 526.15 feet; Thence North 01"04'10"" East a distance of 485.22 feet; Thence South 88"24'36" East a distance of 83.00 feet; Thence North 53"18'25"' East a distance of 635.50 feet to the southerly Right-Of-Way of the e~isting County Road; Thence along said Right-Of-Way South 43'14'11 ... East a d.istance. o.f 55 __ 7.4_ f.e-et-r_ Thence continuing along said Right-Of-Way South 34•04'07• East 107.02 feet; Thence continuing along said Right-Of-Way South 15.35'44• East 66.56 feet: Thence North 72"19'16" West a distance of 13.56 feet; Thence South 79"47'18* West a distance of 24.89 feet;. Thence South 37"23'26* West a distance of 100.52 feet; Thence South 06"07'27* West a distance of 63.52 feet; Thence North 88°48 1 4)• East a distance of 85.28 feet to. the westerly Right-Of-Way of the existing County Road; Thence along said Right-Of-Way the following cours.es and distances; South 10•11•10• East a distance of 50.84 feet; Thence 244.26 feet along the arc of a curve to the left having a radius of 1611.94 feet, the chord of said curve bears south 02"50'01* East a distance of 244.03 feet; Thence 331.22 feet along the arc of a curve to the left having a radius of 270.10 feet·the chord of said curve bears South 42'18'20* East 310.85 feet; Thence South 77"25'36• East a distance of 249.91 feet; Thence South e2•00 1 16• East 142.25 feet; Thence leaving said County Road Right-Of-Way North 13'52'58* East a distance of 60.00 feet; Thence South 76·01 1 01• East a distance of 196.00 feet; I llllll lllll llllll 1111111111111111111111111111111111111 548481 07/08/1999 12,05p 81139 Pl19 " Al.SDORF 16 of 26 R 130.00 D 0.00 GARFIELD COUNTY CO A-5 Thence South 66"03'01 8 East a distance of 92.80 feet; Thence North 64'50'00 8 East a distance of 12.20 feet; Thence south 86"44'06 8 East a distance of 201.00 feet; Thence North 01'36'29# East a distance of 650.00 feet; Thence North 86'44'01" West a distance of 359.65 feet; Thence North 01"36'06w East a distance of 469.21 feet; Thence North 01'32'15# East a distance of 568.40 feet; Thence North 01"39'14• East a distance of 355.62 feet; Thence North 85"54'03w West a distance of 597.54 feet to the centerline of the Colorado River; Thence along said centerline the following courses and distances: North 30"34'QJ• East 126.48 feet; North 11'14'23• East 262.86 feet; North 03"21'52• East 244.98 feet; North 06"43'43# East 149.36 feet; North 09•50 1 22• West 130.18 feet; North 15"44'44• West 249.17 feet; North 23"23'-56" East 595.97 feet; North 29"30'4o• East 146.50 feet; North 43·21 1 22• East 437.13 feet; North 53'22'3B" East 517.59 feet; N"ortli.. 60.· 3-7-' 2·4-· E-a-st 6-J-9-. &9-feet;· North 58"44'59• East 242.35 feet; North 6B"l8'J9• East 236.76 feet;_ Horth 74"06'42• East 340.87 feet; North 86'52'DB" East 446.66 feet; North 88"43'46• East 270.56 feet: South 83"05'32" East 198.26 feet; North 7B'27'SJ• East 618.98 feet; North 76"29'45• East 483.05 feet; North 49'07'36• East 593.26 fe~t; Thence leaving said Colorado Ri¥er centerline South B7"53 1 17•·East a distance of 2282.68 feet along the North line of the SEl/4 of said Section 5, Township 7 south, Range 95 West of the sixth Principal Meridian to the point of beginning. cxon:i;oo 1111111111111111111111111111111111111111111111111111111 548481 07/08/1999 12,051' 81139 P120 " ALSDORF 17 cf 26 R 130.00 D 0.00 GARFIELD COUNTY CO A-6 I llllll lllll llllll llllll 1111111111111111111111111111111 548481 07/08/1999 12,05P 81139 P121 ~ ALSDORF 18 of 26 R 130.00 D 0.00 GARFIELD COUNTY CO R96W\ll!IOW ) \ EX1lTB1T B DRILL SITES PLAN L-,.. ,...... ;/ - ~--~' ~ . ~-:~~ ~ H~-1·--,--··· ~3 ~, -~110--·- r 819 17 16 ;rr---c. .F ---. .. ...;,_. - H l.~~'.,,.}' - -' 1, . ,· --....--- ....www«>0P P'NCn. NWolDCXTIAL T'f --1. \ :: '=== ~'* .. , ----I .I' 2. 1: 3. 1;_, ... J :: •-1:: I ' .. ~~ -------------------- E: - -·---I .... ~~ ¥~I ii: ----1 ir:- ------- -..ac I"-' =.:.:.::==.:=:=--::.·--- !N1%~~ffi1 ~­ BattlerneOtNLt .,.. ___ [:ZJ EXHIBIT B TO SURFACE USE AGREEMENT Dated (_q T.-1. day of P.,,v..G,.. • 1990 Between Battlement Mesa Partners, Battlement Mesa Realty Partners and Barrett Resources Corporation RULES AND REGULATIONS FOR OIL AND GAS DRILLING AND OPERATIONAL ACTIVITIES WITHIN BATTLEMENT MESA 1. Permitted Well Locations: Wells may be drilled on the density of no gteater than one well for each 160 acres which shall consist of governmental quarter sections. regardless of the formation to which they are drilled. The well location rule prescribed by the Coiorado Oil and Gas Conservation commission shall be further restricted to permit drilling only within each quarter section as speci-fi:-ca-lty· set cut be-low-. Locations.- referred to below s11al l in some instances refer to a location approved in the Agreement between Exxon Corporation and Battlement Mesa Partners, dated December 12, 1989, which Agreement is attached hereto as Exhjbit A. These locations are depicted on a map incorporated in that Agreement and. on Schedule I to this Exhibit B and designated by letters "A" through "P". Reference to an Exxon Location A, for example. shall refer to the exact center of the location denoted as Location A on Schedule I. References to the approved P·uo for :Battlement Mesa shall mean that area denoted as such on Schedule I, attached hereto. PERMITTED LCX?ATIORS: Township 7 South, Range 95 West Section 5: SE/4: On the center or within 50' of Exxon Location P, thereof Section 5. SW/4o nrillfng not perroit:t:ea· wi"th'":i:-rr ttre- boundary of the approved PUD for Battlement Mesa Section 60 SE/4o Drilling not permitted within the boundary of the approved PUD for Battlement Mesa Section 7' NE/4o Drilling not permitted within the boundary of the approved PUD for Battlement Mesa -l - I 111111111111111111111111111111111111111111111111111111 548481 07/08/19119 12,05P 81139 Pl22 " R\.SDORF 19 of 26 R 130.00 D 0.00 GARFIELD COUNTY CO section 7: SW/4: Drilling not .permitted within the boundary of the approved PUD for Battlement Mesa Section 7: SE/4: on the center· at-:ex-x-on· Location_ G.,. or within 50' thereof, or outside of the approved PUD for Battlement Hes a Section 8: NW/4: On the center of Exxon Location N, or within 50' thereof Section 8: NE/4: On the center of Exxon Location B, or within SO' thereof SeCtion 8: SE/4: On the center of Exxon Location C, or within 50' thereof Section 8: SW/4: Drilling not permitted within this quarter section Section 9: NW'/4: Current location of the Smith No. l Well is the per~itted location. Section 9: NE/4: Location subject to Rule 1, described below. Section 9: SE/4: Location subject to Rule 1, described below. Section 9: SW/4: Location subject to Rule 1, described below. Section 10: NW/4: Location subject to Rule 1, described below. Section 10: SW/4: Location subject to RUle l, described below. Section 16: SW/4: Location subject to Rule l, described below. Section 17: NE/4: Drilling not permitted within the boundary of the approved PUD for Battlement Mesa Section 17: NW/4: Drilling not per~itted within this quarter section. Section 17: SE/4: LOcation subject to Rule 1, described below. - 2 - 1111111111111111111111111111111111111111111111111111111 S484B1 07/08/1999 12,zsp 81139 P1Z3 " RLSDORF 20 of 26 R 130.00 D 0.00 GARFIElD COUNTY CO Section. L7. :. SW/4_:_ Luc.at i o.n subject tQ Rule 1 •. described below. Section 18: NE/4: on the center of Exxon Location E, or within 50' thereof Section 18: fil//4: On the center of Exxon Location K, or within 50' thereof Section 18: SW/4: On the center of Exxon i.oca ti on J, or within 50' thereof Section 18: SE/ 4: On the center of Ex:x.on Location F, or within so· thereof Section 19: NE/4: on the center of Exxon Location G, or within 50' thereof Section 19: fill/4: Drilling not permitted within the boundary of the PUD plan for Battlement Mesa Townshi 7 South, Ran e 96 West Section 13: NE 4: Drilling not permitted withi~ the boundary of the PUD plan for· Battlement Mesa Section 13: SE/4: on the center of Exxon Location I, or within 50' thereof S-ection 2~-. NE/4-: Off t"rre-CElTt-EIT" of E'X"X"OO· :r:.oca-t.ion· H-, or within 50' thereof Notwithstanding anything herein to the contrary, no well may be drilled within 200 feet of an existing structure. If this rule, when coupled with the specified locations above, will not permit the drilling of a well in a given quarter section (with the exception of those quarter sections for which no drilling is permitted), then surface Owners and Barrett shall establish a mutually agreeable replacement location within that quarter section. RULE l~ Location permitted in accordance with the Applitation as submitted by Barrett before the Colorado Oil and Gas conservation commission in cause Nos. 139 and 440, but a location must be selected which will minimize the impact on actual residents w.i.t.hi.o. t.h.e.. quarter section and upon existinq uses. - 3 - 1111111111111111111111111111111111111111111111111111111 548481 07/08/1999 1Z<05P 81139 P124 " ALSOORF 21 of 26 R 130.00 D 0.00 GARFIELD COUNTY CO 2. Road Usage: To the extent that Barrett uses roads other than those it has contructed and maintained within Battlement Mesa, it agrees to bear the sole cost and expense of repairing any damage caused to these roads by Barrett, its employees, agents or subcontractors, whether it be during the drilling or operational phase of any well. As to all such public roads or Surface owners' private roads within Battlement Mesa, surface owners retain the right to reasonably regulate Barrett's usage thereof, including load limits, frequency of use, and time of use. The location, design and maintenance specifications of any and all improved or unimproved lease access roads within Battlement Mesa constructed by Barrett shall be subject to the consent of the surface Owners, which consent shall not be unreasonably withheld. Barrett shall be solely responsible for the repair and maintenance of the roads which it constructs within Battlement Mesa, and shall maintain the roads to minimize dangerous conditions and dust. No roads shall be constructed across subdivided lots. All access roads shall be constructed on designated open space, or planned road beds and follow existing roads or trails as nearly as practicable. Barrett shall place appropriate signs on all of its roads designating such road as a "private Road" and to assist the surface owners in the control and use of the road by any unauthorized personnel. All ro~ds constructed by Barrett shall be limited to 30' in width. To the extent that roads constructed or used by Barrett cross fenced grazing lands, then Barrett shall enter into an agreement with the surface occupant or lessee with respect to the use of those lands and maintainence of fence and indemnify and hold surface Owners harmless for any and all liability to said surface occupant .. 3~ Wellsites: All wellsites shall be limited to no more than two acres jn size during drilling, and no more than one-half acre for a producing well. Barrett agrees to fence the wellsites, including pits and other hazardous areas, and to keep its sites and rights-of-way in order and free from litter and debris.. At any site which Barrett abandons, Barrett shall fill in, smooth over, and clean up the site and road right-of-way, and shall restore and reseed said area by replacing the top soil. All reseeding shall be done with the type of grass specified by Surface owners. This reclamation requirement shall be completed by Barrett within six months after termination of production or drilling, whichever first occurs. If the surface pits are not· dry after eighteen months, Barrett agrees to pump the pit dry and Qfspose of fts contents of·f· of· Battlement Mesa and to have full restoration promptly completed within six months thereafter. -4 - 1111111111111111111111111111111111111111111111111111111 548481 07/08/1999 12dl51' B1139 P125 M RLSDDRF 22 of 26 R 130.00 D 0.00 GAAFlELD COUNTY CO 4. Pipeline Right-of-Way provisions: Barrett agrees to locate all pipelines for produced gas or fluids in designated open space or public dedi.cated easements, along routes subject to the approval of surface owners, whj_ch approval shall not be unreasonably withheld. All pipelines shall be buried at least 48" under the ground and properly marked :to surface owners' reasonable specifications. S. Drilling Rigs; Barrett shall not allow any drilling rig to be stacked on Battlement Mesa for more than five days. Barrett shall not cause to be constructed any permanent living quarters on the wellsite or any of Battlement Mesa with the exception of necessary personnel during actual drilling operations. Drilling activities within Battlement Mesa shall be commenced only during the months of October, November, December, January, February and March, for any well located within 2,000' of any existing occupied residence within Battlement Mesa. 6. Fires: Any fires caused by Barrett's personnel or assigns shall be the sole and exclusive responsibility of Barrett. 7. Firearms: Barrett shall not permit its agents, employees, or assigns to discharge firearms, crossbows, or other weapons while on Battlement Mesa. or to carry such weapons: on their per_sons. 8. Water: Nothing herein shall be implied as granting any right to Barrett to use any water found in Battlement Mesa. 9. Minimizing Surface Visual Disturbances: Barrett shall make every effort to minimize the visual and sound effects which its operations in Battlement Mesa shall have upon the surrounding community. such efforts shall include but not be limited to the following measures: (a) maintaining all surface production facilities in a good state of repair, including removing debris and trash from the location and maintaining a fresh coat of paint of a color approved by surface owners on all production facilities. {b) When requested by the surface owner, Barrett shall place dirt berms around the perimeter of the wellsite to visually hide the facilities, and/or, plant trees around the perimeter for the-s-a-me-pu~pos-e-0r: ta*e-any· cbhe--r: a-ehi·cn-mubua---l·l·y· a-gr·eed· upen- for this purpose; (c) minimization of tankage facilities~ (d) placing mufflers on all combustion engines; and - 5 - I llllll lllll llllll llllll 1111111111111111111111111111111 548481 07/08/1999 12:05P 81139 P126 M AlSDORF 23 of 26 R 130.00 D 0.00 GRRfIELD COIJN1Y CO (e) such other measures as may be reasonably required by Surface owners. 10. Fencing: Barrett shall construct and maintain chain link fences around the perimeter of all operating wells and maintain locked gates. · · 11. Compression Stations: No compression stations shall be located on Battlement Mesa. 12. Additional surface Restrictions.: Barrett shall give Surface owners no less than thirty (30) days written notice prior to the drilling of any well within Battlement Mesa. In said notice, Barrett shall specify the precise well location and include a survey plat therefor, and set forth its plans for surfac.e access during drilling and production including road usage and construction, and the plan to remove production from the well, including proposed pipeline right-of-way and/or water disposal. surface owners shall have the right, after review of said plan, and within twenty (20) days of the receipt thereof, to specify further reasonably practical regulation of such activity, including_ road and pipeline. i::ou.t:.es., and. We-ll·s-tte-appea't"ance· an-d- maintenance by written notice thereof to Barrett. 13. oil and Gas Commission Notices: Barrett agrees ,to provide Surface owners with its application filings with the oil and Gas Conservation Commission of the State of Colorado pertaining to the lands within Battlement Mesa, including, but not limited to, applications for spacing, unitization or exceptions, and all sundry notices filed with the Commission~ to the extent the same pertain to lands located within Battlement Mesa. In addjtion, Barrett herewith agrees that, for purposes of the Oil and Gas Conservation Act and the Oil and Gas Conservation Commission's Rules and Regulations, that the Surface Owners shall be interested parties entitled to notice.of all proceedings, and be offer~d an opportunity to be heaI"d before the Cotnmission, but nothing in this Agreement shall be construed as making the surface owners an "owner" as that term is defined under the Act or the Commission's regulations. 14~ Other Surface owners: To the extent that Barrett's operations 1n Battlement Mesa involve the disturbance of surface in Battlement Hesa other than that owned by the Surface owners, Barrett agrees to endeavor in good faith to accommodate the reasonable requests of said other surface owners. l·S·. Da-ma-ges:-To-ttre-e-xt-errt not otherwise provfCed herein, Barrett agrees to compensate surface owners for the actual damages caused to their i~provements and facilities within Battlement Mesa. -6 - I llllll lllll llllll llllll lllll Ill lllllll Ill lllllll II llll 548481 07/08/1999 12:05P 81139 P127 ~ A!.SDORF 24 of 26 R 130.00 D 0.00 GARFIELD COUNTY CO 16. Workovers and Recompletions: In the event that Barrett elects to workover or recomplete any well located within Battlement Mesa, or conduct any other operation requiring a workover, recompletion or drilling rig, then, Barrett shall give surface owners ten (10) days notice of its intention to conduct the operations and setting forth the wells on which the work will be conducted. In the e~ent that such operations will materially interfere with the surface owners' marketing efforts in Battlement Mesa, then Surface owners shall promptly notify Barrett thereof and the parties shall mutually agree upon a more acceptable time for such operations. 17. Special Use Permits: Barrett shall provide surface owners with a copy of all applications for Special Use Permits for operations within Battlement Mesa or within one-half mile of the boundary thereof, when such applications are filed in Garfield county, Colorado. ref,Ol2A/DD18 I llllll lllll llllll llllll lllll Ill lllllll Ill lllllll II llll 548481 07/08/1999 12:05P 81139 P128 M Al..SDORF 25 of 26 R 130.00 D 0.00 GARFIELD COUNTY CO -7 - I llllll lllll llllll llllll 1111111111111111111111111111111 548481 07/08/1999 12:0SP 81139 P129 tt ALSDDRF 26 af 26 R 130.00 D 0.00 GARFIELD COUNTY CO SCHEDULE I TO EXHIBIT B TO SURFACE USE AGREEMKllT Dated t_.TA day of ~~.s,., 1990 Between Battlement Mesa Partners, Battlement Mesa Realty Partners and Barrett Resources Corporation