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HomeMy WebLinkAbout1.0 ApplicationFeb 03 04 12:41p BESTWRY SERVICES BID (service and materials) BESTWAY SERVICES Date: 2/2/1904 Job Number TO: HIGH LONESOME RANCH PO BOX 88 OEBEQUE, CO 81630 Phone Number Fax Number 970-283-5227 (8701242-2163 p.1 We are pleased to submit the following bid: Job Description: Provide portable restroom(s) as needed per our conversation Service will be as requested by you. MATERIALS DESCRIPTION UNIT PRICE TOTAL. 1.00 Portable Restroom 70.00 7000 0.00 2 or more units 60.00 r HOUR DESCRIPTION Materials total: CHARGES 00 TOTAL. 1.0 e (a requested) Price valid unlit: Service total Total Gd price: 70.00 Garfield County January 5, 2004 Attn: Gene Reed & Buzz Cox #10 Enterprises DBA High Lonesome Lodge P. O. Box 88 0275 County Road 222 Debeque, CO 81630 BUILDING & PLANNING DEPARTMENT RE: Special Use Permit request for a "Shooting Range Facility" Dear Gene and Buzz, As you are aware, on Monday January 5, 2004, the Board of County Commissioners approved your Special Use Permit request for a Shooting Range Facility at the High Lonesome Lodge with the following conditions: A) The applicant shall install permanent signeage along CR 200 intended to inform oncoming motorists travelling in both directions that they are approaching and will be driving by a shooting range, /2) Any lighting installed at the shooting range facility shall be directed downward and inward. 3-) The Applicant shall provide a copy of an executed contract to the Building and Planning V Department which shows that sanitation service has been obtained for the site prior to the issuance of a special use permit. �/ 4) No alcoholic beverages shall be allowed on the shooting range site at any time. This requirement shall be posted on pei inanent signs at the shooting range facility. If someone appears to be intoxicated, they shall be removed immediately from the range. t/5) The property boundaries of the adjoining BLM land shall be posted to alert any public on the BLM land that they are nearing private property containing a shooting range facility. _4) The applicant shall follow the applicable recommendations regarding outdoor ranges as provided in the NRA "Range Source Book." J7) The Applicant shall install 6' (4" x 4") posts (from grade) that can hold 2' x 2' red flags which 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 are used by the range every time the range is "in use" as an extra notification to motorists. The flags may be taken down once the activities of the range are completed for the day. As we discussed, you will need to prove that you have complied with or completed all of the conditions required by the Board so that this office may provide you with your Special Use Permit. Feel free to contact this office if you have any questions. Very truly yours, arman, AI 970.945.8212 Exhibits 01/05/04 4 A-04 cc '5' G 2 vlc.. 4.7047.1 u.2 5 ot2 644, -Mail Receipts B Proof of Publication C Garfield County Zoning Regulations D Garfield County Comprehensive Plan of 2000 E Application F Staff Memorandum G Email correspondence with the NRA and Staff dated 12/30/03 4 A-04 cc '5' G 2 vlc.. 4.7047.1 u.2 5 ot2 644, BOCC 01/05/03 FJ PROJECT INFORMATION AND STAFF COMMENTS REOUEST: Special Use Permit request for a "Shooting Range Facility" APPLICANT (OWNER): #10 Enterprises, LLC aka High Lonesome Lodge REPRESENTATIVE: Gene Hilton / Buzz Cox LOCATION: Northwest of DeBeque, CO SUBJECT SITE DATA: 1.5 acres of entire ranch property (13,000 acres) ACCESS: County Road 200 (North Dry Fork Road) EXISTING ZONING: Resource Lands (R/L): Gentle Slopes and Lower Valley Floor SURROUNDING ZONING: R/L and Public Lands (BLM) [The image on the left shows the current zoning of the subject property and the map on the right is the current assessor 's map of the subject area known as Tract 61.] I. DESCRIPTION OF THE PROPOSAL The applicant requests the Board grant a special use permit for an outdoor shooting range on the property known as the High Lonesome Lodge. Specifically, the applicant requests approval to locate and operate an outdoor shooting range on approximately 1.5 acres of the ranch accessed by County Road 200. The range would provide an area where clients of the ranch intending to hunt on the property could become familiar with and practice with their field guns prior to a hunt as well as address the safety issues necessary for hunting. The Applicant also indicates that there may be other interest groups which the facility might serve such as the Colorado Division of Wildlife for their hunter -safety courses. The facility would then serve as a training facility on certain occasions by appointment only. Location of the Ranch / Proposed Range Site The subject property, known as High Lonesome Lodge consists of approximately 13,000 acres and is located northwest of DeBeque, Colorado on North Dry Fork Road and surrounded primarily by BLM land in the far western portion of the county along the North Dry Fork Creek drainage. The proposed range site would be located on approximately 1.5 acres of the ranch accessed by County Road 200 (North Dry Fork Road) which winds through portions of the ranch and BLM to dead-end in the ranch. Elements of the Proposed Range The shooting range would consist of a mobile 5 -stand shooting platform (12' x 60') for the sporting clay range, a 300 -yard site -in range for rifles, and a log structure for storage. (See the attached site plan for the proposed site design.) The range would be located approximately 100 feet off of County Road 200. The direction of shooting would be in a north to north easterly direction away from the county road. The subject site is bound by BLM on the north side of the road and by more of the ranch and BLM to the south of the road as shown in the maps on the cover page. The applicant proposes the use of the range facility occur during daylight hours. [1t should be noted, it appears the general lodging component of the High Lonesome Lodge is defined as a "resort" in the Zoning Resolution which also requires a Special Use Permit in the R/L zone district. This is being investigated presently to determine if there is a zoning violation; however, it is not part of the discussion presently before the Board. If it is determined that a violation exists, the applicant may request the Board also grant a Special Use Permit for a "resort" at a future date as it is not contingent on the guiding / outfitting operations of the present proposal.] II. RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located in Study Area 5. This study area does not specifically provide for land use designations as in Study Areas 1, 2, and 3 as much of this area is public lands. The Recreation / Open Space element of the Comprehensive Plan does provide policy guidance to the proposal as stated the following goal of Section 5.0: "Garfield County should provide adequate opportunities for County residents, ensure access to public lands consistent with BLM / USFS policies, and preserve existing recreational opportunities and important visual corridors." 2 Staff finds the proposal provides a recreational opportunity for County residents as well as attracting new and retuming visitors to the County, does not conflict with the policies of the neighboring BLM regarding access to public lands, and is not located in nor interferes with any designated visual corridors. III.APPLICABLE REGULATIONS IN THE ZONING RESOLUTION A Shooting Range Facility is contemplated as a special use in the R/L zone district which may be granted if the Board finds the request meets the following applicable definitions, criteria, and standards provided in the regulations. A. Definition of Shooting Range Facility The Zoning Resolution defines a Shooting Range Facility as "a public or private facility designed to provide training in the use of firearms, firearm practice and firearm competition, for use by persons other than the owner, resident lessee, their immediate family members at any time; or less than five (5) friends on an irregular basis." Staff Finding The applicant proposes a facility which is located on their private ranch but is also open to the public where clients who have paid a fee to visit and hunt on the ranch may also use the range to shoot as an ancillary function of the hunting (guiding / outfitting) activities on the ranch. The facility is designed to provide training in the use of firearms and firearm practice. The proposal is consistent with this definition. B. Review Criteria and Requirements for Shooting Range Facility An application for a Shooting Range Facility must address the following standards and criteria in order to be approved by the Board. The requirements / standards are listed below in bold italics followed by a Staff response: General Special Use Permit Requirements (Section 5.03) I) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Staff Finding The applicant indicates that there will be no potable water source at the range site. Rather, the applicant proposes to provide potable water to the site in portable coolers of fresh water for each time the range is used. Regarding sanitation service, the applicant proposes to contract with a sanitation company to place and maintain portable toilets on the site. Staff finds these provisions are adequate to serve the site in addition to being consistent with how water and sanitation are typically provided for in similar outdoor ranges in the county. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place 3 or shall be constructed in conjunction with the proposed use; Staff Finding As mentioned earlier, the range is proposed to be located 100 feet to the north of County Road 200 (North Dry Fork Road). The applicant has designated a gravel parking area at a safe distance behind the range and off the county road for vehicles accessing the site. The applicant indicates that the number of vehicles visiting the site will vary depending on the activity; however, in general, the vehicles should not malty not exceed ten vehicles. In the event a larger group intends to accessthe site, the applicant indicates other alternative parking areas on the ranch are available. The county road dead -ends into a private road which serves the ranch. At the fork, where CR 200 departs CR 222, the only property it serves is the High Lonesome Lodge. There is very little traffic on this road. The traffic counts collected during the surnrner of 2002 indicated there were a total of 49 average daily trips. In discussions with the County Road and Bridge Department, the road surface consists of oil -shale and is in fair condition and should not present any issue with respect to the proposed shooting range. No improvements would be needed as a result of the proposed range. Regarding safety, Staff suggests the applicant install permanent signeage intended to inform incoming motorists travelling in both directions that they are approaching and will be driving by a shooting range. In addition, Staff suggests that red flags be raised by the range every time the range is "in use" as an extra notification to motorists. The flags may be taken down once the activities of the range are completed for the day. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding The applicant proposes to locate the range on a triangle tract of land that is bordered by BLM to the north and east and along County Road 200 to the south and west. The applicant indicates the nearest private property owner is approximately 4.9 miles away. The applicant contacted the BLM who sent a representative to the property to conduct a site visit. As a result, the BLM's Grand Junction Field Manager, Catherin Robertson sent a letter indicating the BLM sees that nothing would prevent the public from using the public lands and has no objections to the proposal. Her only request is that proper signing be erected in the area that would notify the public of any shooting danger in the area. This has been made a condition of approval. It should be noted that the illustrative site plan in the application materials shows the site's boundaries with the BLM are to be marked with warning signs. In addition, the eastern property line (adjacent and parallel to the 300 yard rifle range) will be fenced as well as marked with warning signs. Regarding lighting, the applicant intends to serve the site with electricity. Any lighting 4 shall be required to be directed downward and inward. This has been made a condition of approval. Specific Special Use Permit Standards specific to a "Shooting Range" (Section 5.03.27) 1) All outdoor shooting ranges shall be designed by a NRA Range Technical Team, in accordance with the standards established by the in the NRA document entitled "The Range Manual", unless modified by the Board of County Commissioners after a public hearing in which it was demonstrated that adequate safety measures have been taken by the applicant Staff Finding Staff contacted the NRA regarding the first portion of this standard (see Exhibit G ). As it tums out, while there are suggested recommendations for range design, the NRA is not a certification or a code enforcement agency and does not certify ranges. Further, the NRA Range Technical Team only goes out as requested and evaluates ranges to help with range related issues but only provides guidance. The NRA stated they cannot "make anyone do specific things and can only make recommendations and suggestions." In addition, the "The Range Manual" mentioned in the standard is outdated and was replaced with the NRA "Range Source Book" in 1999. So, since the first portion of this standard cannot be practically applied, Staff can only recommend the applicant follow the recommdations provided in the NRA "Range Source Book." The latter portion of the standard does apply where the Board may approve a shooting range if the applicant has demonstrated that adequate safety measures have been taken. Staff finds that due to the remote location of the subject site, the simplicity of the range's design, the private nature of the operation, the appropriate signage along the entire perimiter of the range, the support from the adjoining BLM, and appropriate flagging during daylight operations, the .applicant has demonstrated the range can be operated safely. 2) All shooting ranges will have sanitary facilities on site. Staff Finding The applicant proposes to contract with a sanitation company to place and maintain portable toilets on the site. Staff finds these provisions to be adequate to serve the site in addition to being consistent with how water and sanitation are typicaly provided for in similar outdoor ranges in the county. Staff shall require the applicant provide a copy of an executed contract to the Building and Planning Department which shows that sanitation service has been obtained for the site prior to the issuance of a specuial use permit. This has been made a condition of approval. 5 3) Any lighting used for a shooting range shall be oriented inward and downward. Staff Finding This standard has been made a condition of approval. 4) No alcoholic beverages will be allowed on the shooting range site. Staff Finding This standard has been made a condition of approval. In addition, this language shall be posted on permanent signs at the range. IV. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Cormnissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. V. RECOMMENDATION Staff recommends the Board of County Commissioners Approve the special use permit request for a shooting range facility on the property known as the High Lonesome Lodge with the following conditions: 1) The applicant shall install permanent signeage along CR 200 intended to inform oncoming motorists travelling in both directions that they are approaching and will be driving by a shooting range. 2) Any lighting installed at the shooting range facility shall be directed downward and inward. 3) The Applicant shall provide a copy of an executed contract to the Building and Planning Department which shows that sanitation service has been obtained for the site prior to the issuance of a special use pennit. 4) No alcoholic beverages shall be allowed on the shooting range site at any time. This requirement shall be posted on permanent signs at the shooting range facility. If someone appears to be intoxicated, they shall be removed immediately from the range. 6 5) The property boundaries of the adjoining BLM land shall be posted to alert any public on the BLM land that they are nearing private property containing a shooting range facility. 6) The applicant shall follow the applicable recommendations regarding outdoor ranges as provided in the NRA "Range Source Book." 7) The Applicant shall install 6' (4" x 4") posts (from grade) that can hold 2' x 2' red flags which are used by the range every time the range is "in use" as an extra notification to motorists. The flags may be taken down once the activities of the range are completed for the day. See the following design as a guide. Z x L rcd ta VI. RECOMMENDED MOTION (always stated in the affirmative) "I move to approve the Special Use Permit request for a "Shooting Range Facility" for the High Lonesome Lodge owned by #10 Enterprises, LLC on County Road 200, DeBeque, CO with conditions." 7 Fred Jarman From: Sent: To: Subject: Joines, John [JJoines@nrahq.org] Tuesday, December 30, 2003 5:27 AM Fred Jarman RE: Contact from NRAHQ web site: Range Development Dear Sir: Answer to question: la. Does the NRA Certify Ranges? No we are not a certification or a code enforcement agency. lb. The NRA Range Technical Team goes out and evaluates ranges to help them with range related issues. We provide guidance. However, we cannot make anyone do specific things, we only recommend and suggest. 2. Where can I find a copy of "The Range Manual"? Maybe you can find this book in the local library. This book was replaced with the NRA Range Source Book in 1999. You can get a copy of this book by calling 1-800-336- 7402 and ask for product # 14840. I hope this helps in your quest. You may also wish to look at the NRA website at www.nrahq.org and click on Shooting Range Services then review the menu. Happy New Year Respectfully, John A. Joines ----Original Message From: NRA Auto Responder [mailto:nra Sent: Monday, December 29, 2003 6:47 To: Joines, John Subject: Contact from NRAHQ web site Contact type: none give .auto-responder@nrahq.org] PM : Range Development Name: Fred Jarman Address: Garfield County Building & Planning Dept. 108 8th Street, Suite 201 City: Glenwood Springs State: CO Zip: 81601 Phone: 970 945 8212 E-mail: fjarman@garfield-county.com Membership Number: IP Address: 216.237.77.197 Message: I am a planner reviewing an application for Garfield County to determine if a "shooting range" is a good idea in a particular location. I have three specific questions: 1) Does the NRA certify shooting ranges and if so, do they do that with technical Team? 2) Where can I find a copy of "The Range Manual"? Thank you. Fred Jarman a NRA Range Page 1 of 2 Fred Jarman From: Steve Hackett Sent: Monday, December 22, 2003 1:54 PM To: Fred Jarman Cc: Mark Bean Subject: High Lonesome Ranch FYI December 22, 2003 Mr. Buzz Cox High Lonesome Lodge P. O. Box 88 0275 County Road 222 DeBeque, CO 81630 Dear Buzz, Code Compliance Office I have just run across an uncompleted Special Use Permit application package, for a "sporting clays course", that was apparently submitted by you back in August of this year. I've discussed this matter with our Planning Staff and confirmed that a Special Use Permit is required for a "Resort" and a "Shooting Range". I'm not sure what occurred that caused the application which you submitted to not be processed but we need to finish this process. The application that you submit should be for a "Resort and Shooting Range". I have enclosed information from our zoning regulations that are applicable. Section 3.02.03 indicates that a "resort" and "shooting range" require a Special Use Permit in the A/R/RD zone district. Section 2.02.449 defines a "Resort". Section 2.02.493 defines a "Shooting Range Facility". Section 5.03.027 defines some design criteria for shooting ranges. I've highlighted appropriate areas for you. More zoning information is available at our web site (garfield-county.com), building and planning, zoning regs. Also included is a new Special Use Permit application form. Please feel free to speak with Fred Jarman, Senior Planner, with any questions you may have at 970 945 8212 or by email at ( )• Thanks, Buzz, for your cooperation. Yours truly, 12/29/2003 Page 2 of 2 Steve Hackett Enforcement Guy 12/29/2003 12.'30/2003 10:58 9702635227 ` 3 o 2003 tNTY Lk"d1k.Es4�.Ct"ING . r' F:v 1Ri Facsimile Transmittal HIGH LONESOME LODGE PAGE 01 1.'liL+' BIM LONESOME LODGE PRONE: 910-283-9420 FAX: 970-283-5227 POST OFFICE BOX 88 0275 222 ROAD DE BEQCJE„ COLORADO 81630 Date: ia- 3o -b3 Attention F From: 9 no - 3gq- 3`170 Number of pages (ineluding this cover): Comments: :>A=e ae 9702635227 srg HIGH LONME LODGE PAGEr BUILDING & PLANNING DEPARTMENT November 13, 2003 Attn: Gene Reed #10 Enterprises DBA High Lonesome Lodge P. O.Box88 0275 County Road 222 Debeque, CO 81630 RE: Special Use Permit request for a "Shooting Range Facility" Dear Gene, Thank you for the revised application you submitted to this office on November 12, 2003 for the Special Use Permit request for a "shooting range facility." I am writing this letter to inform you that your application has been deemed tecluncally complete. Staff has scheduled your request to be heard by the Board of County Commissioners as a public hearing on their regularly scheduled meeting date of January 5th, 2004 at 1:15 P.M. I have included the public notice form which you are required to mail and publish according to the language below. In addition, I have placed a completed poster sign for you to pick up at out office at the front counter. You will post this sign at the property according to the language below regarding posting notice. Please submit 8 copies of all the information you provided to Staff in your application so that we may provide them to the Board of County Commissioners for their review. Staff will need to have these copies two weeks prior to the hearing date. Please review the public notice requirements below. Proper noticing is your responsibility. 1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. 2) Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 3) The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Dept buent. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that if remains posted until and during the date of the hearing. The public hearing will be held at the Garfield County Plaza Building in the Commissioners Room on the first floor. The address is 108 8th Street, Glenwood Springs, Colorado 81601. Do not hesitate to contact this office in the event you have any questions. Encl. Notice to be mailed and published Very truly yours z Fred Jarman, AICP, Senior Planner 970.945.8212 2 PUBLIC NOTICE TAKE NOTICE that #10 Enterprises, LLC DBA also known as "High Lonesome Lodge" has applied to the Board of County Commissioners, Garfield County, State of Colorado, to request a special use permit, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached legal description Practical Description: 0275 County Road 222, Debeque, CO 81630 The special use permit would allow the applicant to have a shooting range facility on their property which is defined in the Zoning Resolution of 1978, as amended, as "A public or private facility designed to provide training in the use of firearms, firearm practice and firearm competition, for use by persons other than the owner, resident lessee, their immediate family members any time; or less than five (5) friends on an irregular basis." All persons affected by the proposed special use permit are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request for the special use permit. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 201, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for the 5th day of January, 2004, at 1:15 P.M., in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County The Garfield, EXHIBIT "A" following real property State of Colorado: Tax Schedule Numbers: TOWNSHIP 7 Section Section Section Section Section Section Section Section Section Section Section 16: 17: 18: 19: 20: 28: 29: 30: 32: 35: 36: Tract 50: Tract 51: Tract 52: Tract 54: Tract 55: Tract 56: Tract 59: Tract 60: Tract 61: 243-Uo1-00-007 2443-091-00-001 2415-271-00-006 2415-202-00-003 2417-154-00-005 2441-022-00-001 BOOK 2125 PAGE 671 situated in the County of 2443-114-00-003 2441-062-00-005 2441-041-00-003 2441-031-00-002 2417-15h-oo-o05 SOUTH, RANGE 99 WEST, 6TH SWi/4SWi/4 SE1/48E1/4 SW1/46E1/4, NE1/48E1/4 Lot 9, N1/2NE1/4 N1/2N1/2 Lots 1, 2, 3 and 7 Lot 2, BE1/4Nw1/4, 81/2NE1/4, .N1/28E1/4, SW1/4sW1/4, E1/2SW1/4 Lots 10, 11 and 13; 8E1/48E1/4 NE1/4NW1/4 NE1/48E1/4 and Lots 2 and 5 Lots 7, 8, 9 and 10 Being the same land described under the original survey as the H1/28141/4 of Section 26, the NE1/4SE1/4 and SEI/4NE1/4 of Section 27 Being the same land described under the original survey as the 81/28W1/4 of Section 26, SE1/48E1/4 of Section 27 and the NE1/4NW1/4 of Section 35 Being the same land described under the original survey as the BW1/4NE1/4, E1/2NW1/4, and the NW1/4NW1/4 of Section 27 Being the same land described under the original survey as the SW1/48E1/4 of Section 27, the EI/2 of Section 34, and the NW1/4NW1/4, 81/2NW1/4, and the SW1/4 of Section 35 (less three (3) acres in Section 35) Being the same land described under the original survey as the N1/2N1/2 of Section 28 Being the same land described under the original survey as the SW1/4NEL/4, SE1/4NW1/4 and the N1/28W1/4 of Section 28 Being the same land described under the original survey as the N1/2NE1/4 and the 8E1/4NE1/4 of Section 35, and the S(41/4NW1/4 of Section 36 Being the same land described under the original survey as the W1/28E1/4 and the N1/28W1/4 of Section 36 Being the same land described under the original survey as the 4s ip �..,3i pr t i `"lz Br iink hlt"aii'ge 98 .mss., and the 8E1/48E1/4 of Section 36, Township 7 South, Range 99 West TOWNSHIP 7 SOUTH, RANGE 100 WEST, 6TH P.N. Section 15: N1/28E1/4, NE1/48W1/4, and Lots 1, 2 and 4 Section 16: Lot 2 Tracts 48G and 48H PAGE 2 Tract Tract Tract 39: 40: 42: Tract 43: Tract 44: Tract 45: Tract 57: Tract 58: TOWNSHIP 8 Section 6: Section 7: Section Section Section Section 8: 9: 10: 11: TOWNSHIP 8 Section 1: section 2: Section 3: Tract 39: Section 6: BOOK 2125 PAGE 67: EXHIBIT "A" - Continued Being the same land described under the original survey as the 81/2NE1/4, SE1/4NW1/4 of Section 25 Being the same land described under the original survey as the E1/28W1/4, and W1/28E1/4 of Section 25 Being the same land described under the original survey as the 81/28W1/4 and SWI/48E1/4 of Section 23, and NW1/4NE1/4 of Section 26 Being the same land described under the original survey as the SW1/4NW1/4 and NW1/48W1/4 of Section 25, and SE1/4NE1/4 and NE1/48E1/4 of Section 26 Being the same land described under the original survey as the NE1/4NE1/4 of Section 26 Being the same land described under the original survey as the SW1/4NE1/4, NW1/4SE1/4 AND NE1/4SW1/4 of Section 26 Being the same land described under the original survey as the NE1/48E1/4 of Section 25, Township 7 South, Range 100 West; and Lot 3, the NE1/48W1/4 and the NW1/4SE1/4 of Section 30, Township 7 South, Range 99 West Being the same land described under the original survey as the 8E1/48E1/4 of Section 25, Township 7 South, Rance 100 West; Lot 4 of Section 30 and Lot 1 of Section 31 in Township 7 South, Range 99 West, and NE1/4NE1/4 of Section 36, Township 7 South, Range 100 West SOUTH, RANGE 98 WEST, 6TH P.H. NW1/48E1/4, NE1/4SW1/4, SES/4NW1/4, SW1/4NE1/4, 81/28E1/4, and Lot 4, being the same land described under the original survey as the NW1/4NW1/4 of said Section 6 N1/2NE1/4, EXCEPT a one acre tract as described in deed recorded in Book 181 at Page 317, records of the Garfield County Clerk and Recorder NW1/4NE1/4, N1/2NW1/4, SW1/4NW1/4 W1/2NE1/4, SE1/4NE1/4 SW1/4NW1/4, NE1/48W1/4 N1/281/2 SOUTH, RANGE 99 WEST, 6TH P.M. Ttact 37 being the same land described in the original survey as the NE1/4NE1/4 of said Section 1 Tract 43, being the same land described in the original survey as the SW1/4NE1/4 of Section 2 Tract 42, being the same land described in the original survey as the SE1/4NE1/4 of said Section 3 In Sections 3 and 4, being the same land described in the original survey as Lot 4 of Section 3 Tract 41, being the same land described under the original survey as Lot 4 of said Section 6. August 26, 2003 Attn: Gene Reed #10 Enterprises DBA High Lonesome Lodge P. O.Box 88 0275 County Road 222 Debeque, CO 81630 BUILDING & PLANNING DEPART ENT RE: Special Use Permit request for a "Shooting Range Facility" Dear Gene, Thank you for the application you submitted to this office on August 11, 2003 for the Special Use Permit request for a "shooting range facility." I am writing this letter to inform you that the Garfield County Building and Planning Department needs additional information in order to process your Special Use Permit (SUP) application. Your timeliness in providing this information will expedite our ability to place your application on the public hearing agenda. Please provide information that more specifically addresses each of the following items. 1.. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 2. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 3. Your application materials indicate a letter was attached from the Bureau of Land Management (BLM). There was no such letter in the application materials. Please submit this letter. 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 Do not hesitate to contact me in the event you have any questions. (970.945.8212) Very truly yours, Fred Jarman, AICP, Senior Planner HIGH LONESOME SPORTING CLAYS/RIFLE RANGE PROPOSAL Table of Contents Letter of Intent/Application Submittal Requirements Relocation of Sporting Clays 5 Stand & Rifle Range Possibility of Expediting Sporting Clays Project Letter to BLM Letter from BLM Special Use Permit Application Submittal Requirements Agreement for Payment Form Site Map Copy of Check Verification of Buzz Cox, Ranch Director's Employment Photograph of Site High Lonesome Lodge Proposed Sporting Clays and Rifle Range Location Pages 1-5 Warranty Deed Pages from Book 2125 Exhibit A Track 61 (Legal Description) Assessor's Map Property Location Property Mineral Rights Profile Account #R290287 #R290288 #R290281 August 10, 2003 Garfield County Building and Planning Department 108 Street, Suite 201 Glenwood Springs, CO 81601 RECEIVED Nov 1 31 ),003 GARFIELD COUNTY BUILDING & PLANNING Regarding: Special Use Permit for Installation of Sporting Clays and Five Stand Shooting Platform in addition to Relocation of Log Building for Storage to the Sporting Clays Site at the High Lonesome Ranch The High Lonesome Ranch is proposing to install sporting clays and a five -stand shooting platform to benefit the guests who come to the ranch to hunt. It helps hunters, youth and adult, become familiar with their field guns prior to a hunt. It will also be beneficial for addressing safety issues for people entering private land to hunt. The Colorado Department of Wildlife may also want to contract with the Ranch for Hunter Safety Classes. Application Submittal Requirements: 1. The hours of use will be limited to daylight and will be regulated by the ranch manager and the field range officer. Ranch guests only will have accessibility to the shooting facility. It will not be open to the public. It will be open to special interest groups for example the Colorado Department of Wildlife by appointment only. We will install a 300 yard site -in range for rifles and we are proposing to build one structure and to move an existing structure to the site, a mobile five stand shooting platform (size approximately 12 X 60 feet) and a log building we will be moving on to the site for storage. There will be electrical service to these structures. We will go through the permit process with Garfield County. All electrical installation will be installed at National Electrical Standards. The number of vehicles accessing the site on a daily, weekly, or monthly basis will vary, but normally would not exceed ten vehicles. These will be parked in a designated graveled parking area at a safe distance from and behind any shooting activities. If at any time there is a larger group, there will be alternative parking area at another location. 2. There will be no potable water source at the shooting range. Potable water will be brought in fresh in water coolers for each event. For sanitation the Ranch will contract with a sanitation company, for example Sani Can. The sanitation company will maintain the portable toilets. The Ranch will be responsible for working with the sanitation company for maintenance of the toilets and making sure the appropriate amount of portable toilets are on site for the number of guests using them. 3. See attached site plan map. In regards to the roadway into the shooting area, we will be using an existing roadway. No street improvements will be required. APPLICATION SUBMITTAL REQUIREMENTS 2 4. See attached vicinity map. See attached pictures and captions of site. 5. The nearest property owner is approximately four miles from the proposed site of the shooting range. The nearest property owner is Bureau of Land Management (BLM). See attached contact letter from BLM. 6. See attached copy of deed. 7. See attached letter of acknowledgement from Paul Valhdiek. 8. (1) See above (2) See above (3) Fences will be installed. The shooting range will be approximately 100 feet from the county road. There will be signs posted around the entire perimeter of the shooting area with heavier signage on the side where the rifle range will be located. At the rifle range there will be an adequate backstop so we don't have to address ricochet problems. We intend to lay out the course so that there will not be any lead or foreign materials on BLM property. (4) No alcoholic beverages will be allowed on the shooting range site. Anybody that appears impaired will be asked to leave immediately. October 22, 2003 Fred Jarman, Senior Planner, AICP Garfield County 108 8th St. Suite 201 Glenwood Springs, CO 81601 RE: Relocation of Sporting Clays 5 Stand at High Lonesome Lodge As you requested at our last meeting we are resubmitting our application for our 5 Stand Sporting Clay and Rifle Range. We have added on a 300 -yard Rifle Range that should meet or exceed your requirements for safety. Please find enclosed all plans and a description of what we are trying to achieve. We are enjoying working with you and hope to hear from you soon. RespectfullyS miffed, a IW -Ce Gene Reed, Maintenance High Lonesome Lodge November 10, 2003 Fred Jarman, Senior Planner, AICP Planning Department & Review Board Garfield County 108 8th St. Suite 201 Glenwotd Springs, CO 81601 RE: Possibility of Expediting Sporting Clays/Rifle Range Project This letter is in regard to the possibility of expediting the sporting clays/rifle range project the High Lonesome is planning to construct. Fred, you, and I have discussed the possibility of this happening. You said it would have to go through the review board so I am sending this letter hoping the review board would consider speeding this process along. I understand you have your procedures to go through and only hope you can consider our request. Here are our reasons for requesting this: 1. Our new location is on a dead end road; 2. We are 4.9 miles from any private property in the area; 3. The BLM has already been on location and we have a letter of support from them; 4. There are no gas facilities or activity on or close to this site; the nearest gas pipeline is underground located approximately 400 yards from our proposed site; 5. Due to the extended private hunting activity on the ranch we would benefit by having this project completed, up, and running as soon as possible. Respectfully Submitted, Gene Reed, Maintenance High Lonesome Lodge October 22, 2003 Catherine Roberson, Field Manager Bureau of Land Management 2815 "H" Road Grand Junction, CO 81506 RE: Developing a 5 Stand Sporting Clays and 300 -Yard Rifle Range at the High Lonesome Lodge Recently I met with Dave Stevens and an associate to discuss our plan to build a 5 Stand Sporting Clays and 300 -Yard Rifle Range at the High Lonesome Lodge. The proposed site is adjacent to BLM property. Mr. Stephens believed that the location of this site should be adequate for this proposal. I would like to thank you for sending Dave to meet with us. With Dave having an overview of what we are planning to do we are hoping it will expedite our plans. We are applying for a special use permit from Garfield County and are working with Fred Jarman, Senior Planner. Sincerely, Gene Reed, Maintenance High Lonesome Lodge IN REPLY REFER TO: 1610 United States Department of the Interior TAKEMffliga 100 wassimagarial wasseesszt 1011111111110110111111.1111 BUREAU OF LAND MANAGEMENT 1111111111110011111011111111 mint MON Grand Juncrion Field Office 2815 H Road Grand Junction, Colorado 81506 High Lonesome Lodge Mr. Buzz Cox 0275 222 Road Debeque, Colorado 81630 Dear Mr. Cox: In regards to your plans for a 5 Stand Sporting Clays and 300 -Yard Rifle Range on your private land at High Lonesome Lodge, the Grand Junction Field Office of the Bureau of Land Management has no objections at this time to your proposal. Dave Stevens from our office has visited the site and sees nothing that would prevent the public from using the Public Lands. Proper signing of the area would notify the public of any shooting ger in the area. Thank you for letting us participate in the planning of your proposal. Ith Catherine Robertson Grand Junction Field Manager GARFIELD COUNTY. Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.parfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) > Street Address / General Location of Property: Off-%< a-3-%217 " A _IS -P Ao, G D Ar -i630 (Pry r1 Lk' .go) > Legal Descrip4%n: 7-75 %E9,?W s '/UAB 31 S C > Existing Use & Size of Property in acres: / > Description of Special Use Requested: (5 (t r0j,3.-}t;O%/f ('ax'__e e -01..44-e_ - a 3 onr �C .,g,�: -oh SIU! Lr /(r > Zone District: 41 > Name of Property Owner (Applicant): o l ��i�,go LLC IJ 9I% G p Ac e- > Address: PO 6h4( 1" 0?75 "-a-- • Telephone: (9-3-94,2-o > City: be Ue. State: C6 Zip Code: R/A 3n FAX: d--g,-3-1)_-D:- > Name of Owner's Representative, if any (Attorney, Planner, etc): J3 Z.Z. w a�.I.LQ but . > Address: Telephone: > City: State: Zip Code: FAX: 5frf > Doc. No.: STAFF USE ONLY Date Submitted: TC Date: IJnn...... f'l..a... roQ APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (Le. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type- of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land throuoh installation of screen fences or landscape materials on.the periphery 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.aarfield-countv.com/building and planning/index.htm or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be .....nn.,+..r+ "4 +I," {. nn.in n k\r +ho nnnlinnn+ c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and .ccurate to the be t o my knowledge. 2 ..141Ir (Signature/ r ..pli.ent/• As A SA, a Last Revised: 11/07/2002 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT 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. APPLICANT 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT 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. APPLICANT Print Name Mailing Address: RECEIVED 03/04/2003 17:10 Vf1HLD1EK CFW4D • 19702835227P0098 Paul R. Valiidirk> Jr. 410 ENTERPRISES, L.L.C. 1600 Smith Street • Suite 4050 Houston, Texas 77002 August 4, 2003 N0.014 002 Telephone (713) 650.3200 Patsinttle: (113) 650-0251 patil.vahldiek@veteNclaw.com To Whom it May Concern: Please allow this letter to verify and acknowledge that Bur, Cox, ranch director, is employed by #10 Enterprises, L.L.C. d/b/a the High Lonesome Lodge. He has authority to enter into the application for a sporting clays course at the ranch located in Garfield County. FIe has authority to continue this endeavor until completed. Thank you for your assistance. By: PRVltf Enc. Very truly yours, #10 Enterprises, L.L.C. Lli 0 0 0 _J w 2 0 to w z 0 .1 1 0 :: RoanSri eek HIGH LONESOME LODGE PROPOSED SPORTING CLAYS AND RIFLE RANGE High Lonesome/DeBeque Area Map 6394 V . -5 FhyPoint. Dese«rVtch eer r _tif<,,urur� l— S �� VA/ `V Q Mc + ullin Trml servok aver Gulch •12 pring 43r leteek mney Rock 6e= •,-ekDi Pritchard Spring 8950 well D KzI — �I: • Gulchh- and Newman Ditch De laMatyr= .M.= -o Ditch 5276 ancock Gulch Det 6ra4'2... 5801 X80 738 .� Coon H High Lonesome Lodge — Proposed Sporting Clays & Rifle Range O Sawmill Gulch 6398 Dry Fork Area Map Page 2 of 5 L7 ' \/ �� ' �% 1 t ``ter % Cottonwood Gulch - 7 /�' t ` ` I 11 ( f} �_ -t- 111 % % /', -^) i. \ \ r , '''',,I! Pro ose' R n e Lo- cation1\j\/U»(. ▪ Qom, C : �—� ( De la Mo d\' dersonDdchO l t 590' LYS ,'� — _ _ s� � 1 �l /' 7-05, 38; 193 34 al 1• \o cn 5643 / digo Gu 6398_ _. Az t i 1 `�B°o {_ t\ 0.3 mi High Lonesome Lodge — Proposed Sporting Clays & Rifle Range Sporting Clays & Rifle Range Location Map Page 3 of 5 High Lonesome Lodge - Proposed Sporting Clays & Rifle Range Page 4 of 5 Sporting Clays & Rifle Range Site Plan Map Drawn to Scale BLM Property Boundary (marked with warning sib) Scale = 377.14 feet per inch 1 1 1 1 1 1 1 0 High Lonesome Lodge — Proposed Sporting Clays & Rifle Range Sporting Clays Range Site Plan Map Drawn to Scale Sporting Clays Range Page 5 of 5 Scale = 162.71 feet per inch ome of Colorado's most famous attractions are close to the High Lonesome Lodge. Aspen and Vail are just ninety minutes away. Beautiful and challenging golf courses, such as Battlement Mesa and The Redlands, are nationally acclaimed courses located nearby. Enjoy Glenwood Springs and its famous hot springs, tour a working archaeological dinosaur dig, explore hundreds of lakes in the nearby Grand Mesa National Forest, ski at Powderhorn Ski Resort, visit the Colorado National Monument or tour many local wineries. All are within an easy hour drive. Adventurous souls can take a nearby river rafting tour through meandering meadows and awe-inspiring canyons. The High Lonesome Lodge offers you accessibility, privacy and the efficiency of a full- time staff dedicated to making your visit unforgettable. Ideal for families, outdoor adventure groups or corporate retreats. The High Lonesome Lodge is just thirty five minutes by car from the Grand Junction airport or a three and a half hour scenic drive from Denver. LJ�r THE HIGH LONESOME LODGE Glenwood To Salt ( * Springs Lake City Grand DeBeque Junction /To Phoenix To Denver 1-70 Aspen Vail For more information: Phone: 1-970-283-9420 Fax: 1-970-283-5227 Email: highlone@aol.com P.O. Box 88 • 0275 222 Road DeBeque, Colorado 81630 www.highlonesomelodge.com THE HIGH LONESOME LODGE DEBEQUE, COLORADO "ply fish for I enjoy excel or high ach for big garr Lonesome hike, mour horseback thousands unspoiled A ENDORSED• FLY-FISHING LODGE. s thousands of acres of st breathtaking countryside, ;some Lodge is a mecca for inspired by mountain wed by its majesty— people iture in challenging the ing the peacefulness of Don' to the expense and time of traveling to iska for trop( ly fishing. Try your luck at landing rain( vs up to 30", cutthroats, colorful brook trout and german browns in miles of our stiliwater spring creek, beaver ponds and managed lakes. We also offer excellent wade and float trips on the nearby Roaring Fork, Colorado and White rivers. from comfortable, well t our main ranch lodge. in practice bank shots on our ar friends on the antique card Latest movies in our video l comfort, you will love tain hideaway cabins alleys. These cabins have ,ect and are surrounded by s. inary delicacies of western d around the grand rock se dining room. After dinner outside fire while gazing at intains. • l• rN This rugged region is home to some of the nation's most prolific big game and upland bird populations. Record book mule deer, elk and bear thrive in this habitat. Hunt pheasants and other upland game in world- class style or tune up your skills at our professional clays course. Let our staff guide you to the outdoor experience of a lifetime. Don't forget your camera — the High Lonesome Lodge is a photographer's paradise. You can see bountiful elk, mule deer, beaver, mountain lion, coyotes, turkeys and bear in their natural habitat. Record unbelievable vistas as you look across winding canyons, fertile valleys or to distant snow-capped peaks. In the fall aspen, spruce, X ELEV. 8196 30 29 3 o1` B.L.kx lex °wry 5 Tr. 61 '0 \2415 271-0006 R. 98 W. R. 99 W. 31 32 APPROVED COUNTY ASSESSOR Recorded at o'clock M Reception No. WARRANTY DEED THIS DEED, Made this 31st day of January 19 95,between Western Properties, L.P., a Mississippi Limited Partnership M theii�a 'County of Lauderdale of GpJ e1,RA RH.lbnd #10 Enterprises, L.L.C. whose legal address is 1050 Wilcrest, Houston, Texas of the County of WITNESSETH, That the grantor(yk for and in consideration of the other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged. has do grant,bargain, sellconvey andconfirm, untothegrsntee(gl, together with improvements, if any, situate, lying and being in the and Slate of Colorado. described as follows: See attached Exhibit "A" and State 1300K 2125 PAGE 668 1708032 02:50 P1 02/02/95 NORM TODD CLK&REC HESA, COUNTY Co : 1 15.83 /5.83 CO Texas 7/Wt a -a -9s and State of WHOM. grantee (s); sum of Ten Dollars ($10.00) and granted. bargained, sold and conveyed. and by these presents its heirs and assigns forever, all the real property, County of Mesa also known by street and number as N /A assessor's schedule or parcel number. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents. issues. and profits thereof, and all the estate, right, interest, claim and demand whatsoever of the grantons). either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO11011) the said premises above bargained and described. with the appurtenances unto thegrantee(s3 its heirs and assigns forever. And the grantodad, for i6et f , its heirs, and personal representatives, do covenant,grant, bargain and agree to and with the grantee(s), its heirs and assigns, that at the time of the caseating and delivery of these presents is well seized of the premises above conveyed, ha good, sure. perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of' whatever kind or nature soever. except such exceptions set forth on Exhibits A and B hereto. Thegrantorfs)shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee($, its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof IN WITNESS WHEREOF. The grantor(s1 ha s executed this decd on the date first written above. Western Properties, L.P. B : Bi, B Ranch, Inc4 its General Partner ity and.' Angelia T. 'a1. ington, V.P. 13 If in EXHIBIT "A" The following real property Garfield, State of Colorado: Tax Schedule Numbers: 2443-0bi-00-007 2443-091-00-001 2415-271-00-006 2415-202-00-003 2417-15h-00-005 . 21141-022-00-001 TOWNSHIP 7 Section Section section Section Section Section Section Section Section Section Section 16: 17: 18: 19: 20: 28: 29: 30: 32: 35: 36: Tract 50: Tract 51: Tract 52: Tract 54: Tract 55: Tract 56: Tract 59: Tract 60: Tract 61: BOOK 2125 PAGE 67: situated in the County of 24)3-114-00-003 2411-062-00-005 2h1.s1-0h1-00-003 2411-031-00-002 2h 17-15h-00-005 BOUT4t RANGE 99 WEST, 6TH P.,.. SW1/48Wj/4 SEI/4SE1/4 8W1/48E1/4, NE1/48E1/4 Lot 9, N1/2NE1/4 N1/2N1/2 Lots 1, 2, 3 and 7 Lot 2, 8E1/4NW1/4, 81/2NE1/4, .N1/28E1/4, SW1/48471/4, E1/28W1/4 Lots 10, 11 and 13; SE1/,48E1/4 NE1/4NA1/4 NE1/48E1/4 and Lots 2 and 5 Lots 7, 0, 9 and 10 Being the same land described under the original survey as the N1/28W1/4 of Section 26, the NE1/4SE1/4 and SEI/4NE1/4 of Section 27 Being the same land described under the original survey as the S1/2SW1/4 of Section 26, SE1/48E1/4 of Section 27 and the NE1/4NW1/4 of Section 35 Being the same land described under the original survey as the SWI/4NE1/4, E1/2NW1/4, and the NW1/4NW1/4 of Section 27 Being the same land described under the original survey as the SW1/40E1/4 of Section 27, the E1/2 of Section 34, and the NW1/4NW1/4, S1/2NW1/4, and the SW1/4 of Section 35 (less three (3) acres in Section 35) Being the same land described under the original survey as the N1/2N1/2 of Section 28 Being the same land described under the original survey as the SW1/4NE1/4, SE1/4NW1/4 and the N1/2SW1/4 of Section 28 Being the same land described under the original survey as the N1/2NE1/4 and the 8E1/4NE1/4 of Section 35, and the 8141 4NW1/4 of Section 36 Being the same land described under the original survey as the W1/28E1/4 and the N1/28W1/4 of Section 36 Being the same land described under the original survey as thecLot 4 in section 31, Township 7 south, 'Range -98' West; and the 8E1/48E1/4 of Rection 36, Township 7 South, Range 99 West TOWNSHIP 7 SOUTH, RANGE 100 WEST, 6TH P.N. Section 15: N1/28E1/4, NE1/48W1/4, and Lots 1, 2 and 4 Section 16: Lot 2 Tracts 48G and 40H PAGE 2 Tract 39: Tract 40: Tract 42: Tract 43: Tract 44: Tract 45: Tract 57: Tract 58: TOWNSHIP 8 BOOK 2125 PAGE 67: EXHIBIT "A" - Continued Being the same land described under the original survey as the 81/2NE1/4, SE1/4NW1/4 of Section 25 Being the same land described under the original survey as the E1/28W1/4, and W1/28E1/4 of Section 25 Being the same land described under the original survey as the 81/28W1/4 and BW1/48E1/4 of Section 23, and NW1/4NE1/4 of Section 26 Being the same land described under the original survey as the SW1/4NW1/4 and NW1/48W1/4 of Section 25, and SE1/4NE1/4 and NE1/48E1/4 of Section 26 Being the same land described under the original survey as the NE1/4NE1/4 of Section 26 Being the same land described under the original survey as the SW1/4NE1/4, NW1/4SE1/4 AND NE1/48W1/4 of Section 26 Being the same land described under the original survey as the NE1/48E1/4 of Rection 25, Township 7 South, Range 100 West; and Lot 3, the NE1/4SW1/4 and the NW1/4SE1/4 of Section 30, Township 7 South, Range 99 West Being the same land described under the original survey as the SE1/4SE1/4 of Section 25, Township 7 South, Rance 100 West; Lot 4 of Section 30 and Lot 1 of Section 31 in Township 7 South, Range 99 West, and NE1/4NE1/4 of Section 36, Township 7 South, Range 100 West SOUTH, RANGE 98 WEST, 6TH P.M. Section 6: NW1/48E1/4, S1/28E1/4, under the section 6 N1/2NE1/4, EXCEPT a one acre tract as described in deed recorded in Book 181 at Page 317, records of the Garfield County Clerk and Recorder 8: NW1/4NE1/4, N1/2NW1/4, SW1/4NW1/4 9: W1/2NE1/4, SE1/4NE1/4 10: SW1/4NW1/4, NE1/48W1/4 11: N1/281/2 Section 7: Section Section Section Section NE1/4SW1/4, SE1/4NW1/4, SW1/4NE1/4, and Lot 4, being the same land described original survey as the NW1/4NW1/4 of said TOWNSHIP 8 Section 1: Section 2: Section 3: Tract 39: Section 6: SOUTH, RANGE 99 WEST, 6TH P.M. Tract 37 being the same land described in the original survey as the NE1/4NE1/4 of said Section 1 Tract 43, being the same land described in the original survey as the SW1/4NE1/4 of Section 2 Tract 42, being the same land described in the original survey as the SE1/4NE1/4 of said Section 3 In Sections 3 and 4, being the same land described in the original survey as Lot 4 of Section 3 Tract 41, being the same land described under the original survey as Lot 4 of said Section 6. VLJi,LV If .04 PAGE 3 ooac000444 ui.nxn.Nr, ThWIAS BOOK 2125 PAGE 67: EXHIBIT •A• - Continued Together with all water and water rights, ditches and ditch righty appurtenant or belonging to or used in connection with the Property conveyed hereunder and as may be included under the following rights, stibject to the limitations hereinafter following: 1.0 second -feet of water allowed to flow in the Anderson and Hayes Ditch under priority No. 61; 1.5 second -feet of water allowed to flow in the Mayes Ditch under priority No. 85; 3.0 second -feet of water allowed to flow in the DeLaMatyr and Anderson Ditch under priority No. 86; 0.7 second -feet of water allowed to flow in the Dry Pork Ditch under priority Na. 64; 0.5 second -feet of water allowed to flow in the Dry Fork Ditch lst Enlargement under priority Ne. 135; 1.0 second -feet of water allowed to flow in the Omundson & Frost Ditch under priority No. 88; 0.5 second -feet of water allowed to flow in the Griswold Enlargement under priority No. 154A; 1.0 second -feet of water allowed to flow in the Cottonwood Ditch No. 29 under priority No. 36; 1.0 second -feet of water allowed to flow in the Cottonwood Ditch lst Enlargement under priority No. 112; 0.6 second -feet of water allowed to flow in the Loveless Ditch #73 under priority No. 113; 2.3 second -feet of water allowed to flow in the Armstrong Ditch #81 under priority No. 134; 1.7 second -feet of water allowed to flow in the Boldt Ditch (Springs) #73PP under priority No. 114B- and and together with 2.7 acre feet in the Boldt Reservoir No. 11 under priority No. 1A. Grantor Bells and quitclaims to Grantee any other water, water rights, ditches, or ditch rights owned or controlled by Grantor in Garfield or Nesa Counties, Colorado, including. without limitation, any water or water rights historically used in connection with the Property not specifically listed above, which may include the following water rights: 1.7 second -feet of water allowed to flow in Boldt Gulch Ditch under Priority No. 114s; 1.0 cfs of water allowed to flow in the Gmsundson & Frost Ditch under Priority No. 88; 2.3 second -feet of water allowed to flow in the Armstrong Ditch #81 under Priority No. 134; .7 second -feet of water allowed to flow in the Dry Pork Ditch under Priority No. 64; and .5 second -feet of water allowed to flow in the Dry Pork Ditch 1st Enlargement under Priority No. 135. continued on page 4 BOOK 2125 PAGE 67; The following real property situated in the County of Mesa, State of Colorado: Resurvey Tract 49, formerly EM SW'4, NW( SEX of Section 14, Township 8 South, Range 99 West Resurvey Tract 57, in Sections 26, 27 and 28, Township 8 South, Range 99 West, 6th P.M. Together with all permits and grazing authorities and leases, whether federal or state or both, as related to the lands above described and issued to Grantor with reference to said lands. Grantor does not and will not warrant title or any continuing rights with respect to such permits, leases or grazing authorities and transfer or assignment will be solely in accordance with the conditions and limitations which appear on the face of such authorities and as further limited by applicable rules and regulations of the issuing authorities, and federal and state statutes. Grantee will maintain such permits, leases and authorities in full force and effect so long as Grantor retains any security interest in the lands to be conveyed as above. Together with all of Grantor's right, title and interest in and to oil, gas and other minerals in, on or under the lands conveyed hereunder, to the extent, and only the extent, such interests may be owned by Grantor on the date of execution of this Deed, excepting all oil, gas and other minerals as have been previously excepted, reserved or conveyed by conveyance, patent, or otherwise] and subject to all existing and recorded leases, permits and authorities to enter, explore for and remove such oil, gas and other minerals. ^ ` .:V1 ; C: POOR QUALITY DOCUMENT PROVIDED FOR REPRODUCTION fsOOk 2125 PAGE 6.74 EXHIBIT "B" The following exceptions apply to property located in Garfield County, Colorado. 1. Rights or claims of parties in possession not shown by the Public records of which Grantee has actual knowledge. 2. Intentionally omitted. 3. Intentionally omitted. 4. Intentionally omitted. 5. Intentionally omitted. 6. Intentionally omitted. 7. Any and all unpaid taxes and assessments for tax year 1994 and subsequent years. 8 Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in the United States Patents. 9. Map and Statement of the Gaff Ditch, filed April 25, 1885 as Reception No. 1507. 10. Map and Statement of the Armstrong Ditch filing June 15, 1888 as Reception No. 7715. 11. All coal, the right to mine and remove the same by Act of June 22, 1910 as reserved in United States Patent recorded February 18, 1892 in Book 112 at Page 370. continued on page 2 PAGE 2 1300K 2125 PAGE 6; 12. Right of way for Anderson and Dela Matyr ditch as contained in statement recorded June 11, 1896 in Book 28 at Page 373. 13. Map and Statement of the L. T. Stewart Reservoir filed July 11, 1902 as Reception No. 26830. 14. Map and Statement of The Boldt Ditch, filed August 16, 1905 as Reception No. 30980. 15. Map and Statement of The Third Enlargement of The Cottonwood Ditch filed June 6, 1910 as Reception No. 39632. 16. All coal and other minerals, together with the right to prospect for, mine and remove the same as reserved in United States Patent recorder August 19, 1937 in Book 172 at Page 598. 17. All coal and other minerals, the right to prospect for, mine remove the same as reserved in United States Patent recorded 9, 1937 in Book 191 at Page 172. 18. A perpetual easement and right of way for an irrigation ditch 7 feet in width across the 81/28E1/4 of section 6, Township 8 South, Range 98 West of the 6th P.M. as granted in instrument recorded June 26, 1939 in Book 181.at Pages 318 and 319. and Novembez 19. All coal mine and recorded 20. All coal mine and February and other minerals, together with the right to prospect for, remove the same, as reserved in United States Patent November 18, 1939 in Book 194 at Page 596. and other minerals, together with the right to prospect for, remove the same as reserved in United States Patent recorded 9, 1943 in Book 201 at Page 519. 21. Reservation of an undivided one-half interest in and to any and all oil and gas lying under and upon said lands with the right of ingress and egress from said lands for the purpose of exploring, mining, drilling, extracting and removing such oil and gas, and in that connection with the right to erect improvements and lay pipelines and do such other necessary and expedient improvements as might be required for the operation of oil and gas production but without interference to the improvements on such lands as reserved by Phillip A. Moore in deed recorded February 17, 1947 in Book 226 at Page 154 and any interests thepein or assignments thereof. 22. Undivided 5/10 of 1 percent of the minerals as conveyed to Wayne N. Aspinall by mineral deed recorded May 27, 1947 in Book 227 at Page 165. 23. An undivided 1/10 interest of the minerals as conveyed to N. E. Pyeatt by mineral deed recorded December 15, 1948 in Book 239 at Page 630 continued on page 3 PAGE 3 BOOK 2125 PAGE 67 24. An undivided 1/10 interest of the minerals as conveyed to N. E. Pyeatt by mineral deed recorded December 15, 1948 in Book 239 at Page 632. 25. Undivided one-half interest in all oil, gas and other mineral rights, as reserved by L. W. Tilton in the deed to A. G. Tilton, recorded March 23, 1950 in Book 249 at Page 197, and all assignments thereof or interests therein. 26. Reservation of all oil, gas and other minerals on, in, or under all of said lands, together with the right of ingress and egress in, on and over said lands for the purpose of mining, drilling, extracting or exploring said land for oil, gas and other minerals and removing the same therefrom; together with the use of the surface of said lands as is necessary or essential to produce, save, transport or remove therefrom such oil, gas and other minerals as reserved by A. G. Tilton in deed recorded October 4, 1950 in Book 254 at Page 278, and any and all interests therein or assignments thereof. 27. One-half interest in all remaining oil, gas and other mineral rights, as reserved by A. G. Tilton in the deed to Harry H. Satterfield recorded April 3, 1951 in Book 257 at Page 476, and any and all assignments thereof, or interests therein. 28. All oil, gas and other mineral rights, as reserved by O. C. Tidwell in the deed to Charles E. and Dorothy E. Burg, recorded November 26, 1952 in Book 266 at Page 573, and any and all assignments thereof, or interests therein. 29. Undivided one-half interest in all oil, gas and other mineral rights, which have not been previously reserved by Harry H. Satterfield in the deed to Joseph E. Clarkson and Norma S. Clarkson, recorded July 1, 1960 in Book 328 at Page 82, and any and all assignments thereof, or interests therein. 30. Undivided one-half interest in all oil, gas and other mineral rights, as reserved by Charles E. Burg aka Chas E. Burg in the deed to W. M. Metzler and Winifred A. Metzler, recorded January 24, 1963 in Book 346 at Page 539, and any and all assignments thereof, or interests therein. 31. Undivided one-eighth interest in all oil, gas and other mineral rights, as reserved by Norma 8. Clarkson in the deed to Richard D. barley, recorded December 7, 1964, in Book 362 at Page 336, and any and all assignments thereof or interests therein. 32. Terms and conditions of oil and Gas Lease by and between William T. spears and Clara A. Spears, as Lessors, and M. Peyton Bucy, as Lessee, recorded March 13, 1972 in Book 428 at Page 202 and in Book 428 at Pages 180, 200 and 202. 33. Terms and conditions of Oil and Gas Lease by and between William T. Spears and Clara A. Spears, as Lessors, and Koch Industries, Inc., as Lessee, recorded September 4, 1981 in Book 580 at Page 791. 1300K 2125 PAGE 677 PAGE 4 34. Terms and conditions of Hancock Gulch Unitization Agreement as referred to in Certificate of Unitization recorded February 16, 1979 in Book 522 at Page 959. 35. Right of way agreement between William T. Spear and Clara Spear to Dyco Petroleum Corporation recorded August 21, 1981 in Book 579 at Page 671, and as modified by instruments recorded May 31, 1983 in Book 628 at Page 119, and February 22, 1984 in Book 644 at Page 702 and March 21, 1986 in Book 685 at Page 450. 36. Reservations as contained in deed from William T. Spears and Clara A. Spears to Enerwest, Inc. recorded August 25, 1981 in Book 579 at Page 869, and Page 884. 37. A sixty foot easement and right of way for pedestrian and vehicular ingress and egress on, over and across and through a 60 foot strip of land lying thirty feet on either side of the centerline of County Road No. 200 as conveyed to Enerwest, Inc. in deed recorded August 25, 1981 in Book 579 at Page 891. 38. Terms and conditions of Agreement for the Boldt Springs Pipeline described in instrument recorded August 25, 1981 in Book 579 at Page 918. 39. Right of way easement granted to Rocky Mountain Natural Gas in instrument recorded January 25, 1982 in Book 591 at Page 449 (Affects Section 11, Township 8 South, Range 98 West of the 6th P.H.) 40. Pipeline Easements as granted to Northern Natural Gas Company by Enerwest, Inc., by documents recorded January 26, 1982 in Book 591 at Page 541, and recorded June 25, 1982 in Book 602 at Page 84. 41. Easement and right of way 50 feet in width for the operation, construction and maintenance to operate a pipeline, or pipelines, and appurtenances thereto as granted to Northern Natural Gas Company in instrument recorded January 26, 1982 in Book 591 at Page 553 and as contained in instrument recorded June 18, 1982 in Book 601 at Page 344. 42. Easement and right of way for the construction, operation and maintenance of a pipeline or pipelines being 50 feet in width as granted to Northern Natural Gas Company in instrument recorded January 26, 1982 in Book 591 at Page 560, and as contained in instrument recorded June 18, 1982 in Book 601 at Page 351. 43. Pipeline easement granted to Northern Natural Gas Company in instrument recorded January 26, 1982 in Book 591 at Page 560 and in instrument recorded June 18, 1982 in Book 601 at Page 351. (Affects Section 11, Township 8 South, Range 98 West of the 6th P.M.) 44. Pipeline right of way granted to Getty Trading and Transportation Company in instrument recorded July 5, 1983 in Book 630 at Page 14. (Affects Section 11, Township 8 South, Range 98 West of the 6th P.M.) aanl.lnflaA an PAGE 5 BOOK 2125 PAGE 6' 45. Terms and conditions of oil and gas lease from William T. Spears and Clara A. Spears, as Lessors, to Celsius Energy Company recorded June 2, 1989 in Book 755 at Page 296, and any interests therein or assignments thereof. 46. Terms and conditions of Oil and Gas Lease by and between William T. Spears and Clara A. Spears, as Lessors, and Celsius Energy Company, as Lessee recorded February 7, 1990 in Book 772 at Page 406. 47. Right of way easement granted to Celsius Energy Company in instrument recorded December 31, 1990 in Book 796 at Page 175. (Affects Section 11, Township 8 South, Range 98 West of the 6th P.M.) 48. Easement granted to Conquest oil Company in instrument recorded March 1, 1991 in Book 799 at Page 726. 49. Right of way and easement granted to LFC GC,jl Corp., A Delaware Corporation in instrument recorded April 29, 1991 in Book 803 at Page 82. 50. Road and wellsite right of way granted to Celsius Energy Company in instrument recorded January 27, 1992 in Book 822 at Page 400. 51. Any interest of Otis C. Coles, Jr. and Susan K. Coles in and to the boundary conflict between Tracts 41 and 42 in Township 7 South, Range 100 West as shown on the independent resurvey accepted by the Department of the Interior General Land Office on January 23, 1928. 52. Lack of a right of access from the land to any open public road, street or highway. NOTE: Pertains only to the following lands: N1/28E1/4, NE1/48W1/4, and Lots 1, 2, and 4, Section 15, Lot 2, Section 16 and Tracts 48G and 488 all in Township 7 South, Range 100 West. SW1/4881/4 Section 16, SE1/48E1/4 Section 17, SW1/48E1/4, NE1/4SE1/4 Section 18, Lot 9 and N1/2NE1/4 Section 19, N1/2N1/2 Section 20 all in Township 7 South, Range 99 West. Tracts 39, 41, 42 and 43, in Township 7 South, Range 99 West. Section 11, Township 8 South, Range 98 West. 53. Easement and right of way for the Dry Fork Ditch No. 44, omundson Ditch and Frost Ditch No. 62 insofar as they may affect subject property. 54. Rights of way for any County Roads. 55. Any and all mining claims, arising from or on account of recorded Location Certificate, Affidavits of Labor, Assignments and Conveyances of such claims or interests therein. PAGE 6 BOOK 2125 PAGE 67; The following exceptions apply to property located in Mesa County, Colorado. 1. Rights or claims of parties in possession not shown by the Public records of which Grantee has actual knowledge. 2. Intentionally oinitted. 3. Intentionally omitted. 4. Intentionally oinitted. 5. Intentionally omitted. 6. Reservation of right of way for any ditches or canals constructed by the authority of the United States in U. S. Patent recorded March 31, 1925 in Book 285 at page 63 and in Patent recorded May 4, 1957 in Book 362 at page 199. 7, Excepting and reserving however to the United States, all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of Dec. 29, 1916 (39 STat 862) as reserved in U. S. Patent recorded May 4, 1937 in Book 362 at page 199, affecting Tract 57. 8. Reserving unto Grantors an undivided 1/2 interest in and to all minerals now owned by grantors lying in and under the lands herein conveyed together with right of ingress and egress for purpose of prospecting for, mining and removing the same subject however to payment to the surface owners of full compensation from Licencess or Lessees of Grantors for any damagesoccasioned thereby , as reserved by Charles E. Burg aka Chas. E. Burg and Dorothy E. Burg in Deed to W. M. Metews and Winifred A. Metews recorded February 8, 1963 in Book 839 at page 366 and any and all assignments thereof or interests therein. Rights of surface entry and other incidental rights used, claimed or asserted under any mineral reservation, lease or conveyance identified in items 7 and 8 hereof. 10. Right of way between Winifred A. Metzler and W. W. Metzler and State of Colorado recorded August 31, 1966 in Book 900 at page 109 for a roadway, as set forth on the sheets attached hereto. BOOK 2125 PAGE 680 PAGE 7 Grantors reserve a non-exclusive right of way for ditches and canals as constructed and existing from the points of diversion which exist to and for the benefit of the lands described on Exhibit B hereto and all running of the reserved water rights therein and together with a non-exclusive right of way along said ditches and canals for the sole purpose of repairing and maintaining the same, as reserved by William T. Spears and Clara A. Spears in Deed recorded August 25, 1981 in Book 1330 at page 5, as set forth on the sheet attached hereto. 12. Right of way and easement grant recorded June 22, 1992 in Book 1907 at page 177 as set forth on the sheet attached hereto. 13. lack of a right of access from the land to any open public road, street or highway. NOTE:This exception is necessary because it does not appear from the instruments in the office of the Clerk and Recorder of the County in which subject property is situate that any right of access exists to an open public roadway. MISSISSIPPI STATE OF 120XEIRJ7fl County of LAUDERDALE } FSUOK 2125 PAGE 669 t, TERESA ROBERTS , a Notary Public in and for said LAUDERDALE County, in the State aforesaid, do hereby certify that ANGELIA T. COVINGTON who personally known to me to be the person whose name subscribed to the foregoing Deed, appeared before me this day in person and aeka owiedged that signed, sealed and delivered the said instrument of writing as rise and voluntary act and deed for the uses and purposes set forth. Given under my hand and official seal, this 30TH day of JANUARY My commission expires mt7, Cafi(sTaT' ttphas Rizrdi 24, ts9T Nam wad Address ofRmo Galli Nei* Oead told nmipdc G 33-33-106.3.CRS) 5 0 filed for record in my 0 a 1 r. PROPERTY PROFILE Account: R290287 Tax Year: 2003 Parcel: 802910207000 Mill Levy: 54.962000 Estimated Tax: 61.56 Account Type: Version: 20030407000 Area ID: 029 APR District: Status: * This Mill Levy is from the most recent tax roll ;:240:SldrigInfgaleM101 Legal Descrip A TILTON, L.W. & C.M. FSECT,TWN,RNG:31-7-98 DESC: 1/2 INT. OIL, GAS & MIN/RTS 828 S. MARVIN AVENUE ONLY, SEC. 31-7-98 & DESC: SEC 36-7-99 TR 61 SEC 6-8-98 TUCSON, AZ 85710-4948 LOT 4 NWNW SEC 35&36 DESC: 7-99 TR 59,60 SEC. 21,22,26,27,28 TR 50,52,55,56 Property SEVERED MINERALS, CO Assessment ----- - L ssesse RSQUAREF resan oNzawRe,s.....7.51PAtz $•-t,.1*.rgaFT,ta8:114+7,FF.4S,,, roregreteat.' Exempt 3,860 0 3,860 1,120 0 1,120 0 559.000 0 1,120 SziP2-zr 1g.;9=§07.,FATR'Z'406,' Amproverneritsu Ex�rnpt 3,860 0 3,860 1,120 0 1,120 0 559.000 0 1,120 VE:taftelL, 1983,7," - Garfield County Account: Tax Year: Parcel: Mill Levy: Estimated Tax: * This Mill Levy is from the mos PROPERTY PROFILE R290288 2003 802910307000 54.962000 30.78 Account Type: Version: Area ID: APR District: Status: ecent tax roll TILTON TRUSTEE ATTN: TILTON, ARCH 565 28 1/4 RD #42 GRAND JCT, CO 81506-4929 SEVERED MINERALS, CO Assessment Information 20030521000 029 A SECT,TWN,RNG:31-7-98 DESC: 1/4 INT. OIL, GAS & MIN/RTS, SEC 31-7-98 & SEC 36 DESC: 7-99 TR 61 SEC 6-8-98 LOT 4 NWNW SEC 1-8-99 LOT 1 DESC: (TR 37) SEC. 35&36-7-99 TR 59,60 SEC. 21,22,26-28 DESC: TR 50,52,55,56 IS 1,930 0 1,930 560 0 560 0 280.000 0 560 me 1,930 0 1,930 560 0 560 0 280.000 0 560 Garfield County GH LONESOME LODGE w Z g w J LL RI c/9 a J V Z H Ce O a u) o w w O a O ce a \\ \\ .1, • : 4; ; 4 ; N N1) • • ' t ' \\\ .- ?s. A re, - ,N s \ N‘ • " , it:vs -9. &.A f 4 N‘ I \ g tt• , '1‘ \ " )),! A , '3A 6 A - .;\ . N • 0 . e t\ ..• l Roan (-SIGH LONESOME LODGE PROPOSED SPORTING SLAYS AND RIFLE MANGE High Lonesome/DeBeque Area Map ek ' - Trail ; =servoir 20 4 aver Gulch pnng Mc ullin Sp mney Rock ball Creek N it Pritchard Spring 8950 nwell Dinh end Newman Ditch Kzl 1.0 • odGulch Proposed ' a oca De la Matyr . . M. = so Ditch n 1'P 5276 • ancock Gulch et 5801 Coon Ho High Lonesome Lodge — Proposed Sporting Ci.ys & Rifle Range Page 3 of 5 Sporting Clays & Rifle Range Location Map _• _- Mel �I I -ALM Property •r N Ode �L �j High Lonesome Lodge — Proposed Sporting Cauys & Rifle Range N Sporting Clays & Rifle Range Site Plan Map Drawn to Scale BLM Property Boundary (marked with warning signs) Page 4 of 5 1 flekt Scale = 377.14 feet per inch High Lonesome Lodge — Proposed Sporting (__, s & Rifle Range Sporting Clays Range Site Plan Map Drawn to Scale Sporting Clays Range Page 5 of 5 Scale = 162.71 feet per inch 3-I 30 ELEV. 8196 29 0 (` 2H 3 B.L.M. Boundar d Tr. 61 % --N-..,,afl157271-0006 R. 99 W. R. 98 WH 31 32 APPROVED COUNTY ASSESSOR Recorded a Reception No o'clock M WARRANTY DEED THIS DEED, Made this 31st day of January 19 95,belween Western Properties, L.P., a Mississippi Limited Partnersh_p of the 'County of Lauderdale of Cat>)eigaR ,iand 610 Enterprises, L.L.C. whose legal address is 1050 Wilerest, Houston, Texas of the County of WITNESSETH, That the grantortal, for and in consideration of the sum of other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, has do grant, bargain. sell, convey and confirm, unto the grantee(g), together with improvements, if any, situate, lying and being in the and State of Colorado, described as follows: and State BOOK 2125 PAG 668 1708032 02:50 IIONTKA TODD CLKAREC IIEs Texas 9)70//.2 2h -a -9s and State of womb. granuxls): See attached Exhibit "A" grained. its Ten Dollars ($10.00) and Mani, bargained. sold and conveyed, and by these presents heirs and assigns forever, all the real property. Coumy of Mesa also known by street and number as: N /A assessor's schedule or parcel number. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in any wise appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, 'merest, claim and demand whatsoever of the grantor -Cs), either in law or equity. of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND'fO HOLD the said premises above bargained and described, with the appurtenances unto thegranlee(st its heirs and assigns former. And the gramorls0, for ibel f , its heirs, and personal representatives. do covenant grant, bargain and agree to and with the grantee(s). its heirs and assigns. that at the time of the caseating and delivery of these presents is well seized of the premises above conveyed. ha good. sure. perfect, absolute and indefeasible estate of inheritance, in law in fee simple, and ha good right, full poser and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are fox and clear from all former and other grants, bargains. sales, liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature soever, except such exceptions set forth on Exhibits A and 8 hereto. • The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(M. its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof IN WITNESS WHEREOF. The grantor -04 ha s executed this decd on the dale first written above. Western Properties, L.P. 81s B Ranch, Inc fl its General Partner i/. i I 'If ia Dcavv,I-ityaod? Angelis T. . ington, V.P. 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Section 6: NW1/48E1/4, NE1/4SW1/4, SE1/4NW1/4, SW1/4NE1/4, B1/28E1/4, and Lot 4, being the same land described under the original survey as the NW1/4NW1/4 of said Section 6 N1/2NE1/4, EXCEPT a one acre tract as recorded in Book 181 at Page 317, Garfield County Clerk and Recorder 8: NW1/4NE1/4, N1/2NW1/4, SW1/4NW1/4 9: W1/2NE1/4, SE1/4NE1/4 10: SW1/4NW1/4, NE1/48W1/4 11: N1/2131/2 section 7: Section Section Section Section TOWNSHIP 8 SOUTH, RANGE 99 WEST, 6TH P.M. Section 1: Section 2: Section 3: Tract 39: Section 6: described in deed records of the Tract 37 being the same land described in the survey as the NE1/4NE1/4 of said Section 1 Tract 43, being the same land described in survey as the SW1/4NE1/4 of Section 2 Tract 42, being the same land described in survey as the BE1/4NE1/4 of said Section 3 In Sections 3 and 4, being the same land the original survey as Lot 4 of Section 3 Tract 41, being the•same land described original survey as Lot 4 of said Rection 6. original the original the original described in under the $ abed ao penuttuoo 'SET 'og d;rxotad sapun luetaebaetug 40I R04sa xs0g Lta sal uT Kot; 04 Peaotte ialum ;o lee;-puooes s' pas ejg ON dwTao;aa sapun tP;Ta ,[xog Asa aql uT s+0t; o; Pas►oits sagest;o lea;-puoaaa L' etEt '014 dg;aotsd zapun TB# R03Ta Buoxlswwll et{l uT pot; 04 Pestis =fleet ;o 4aa;-Pn00aa E' Z !Se a1z dgT:oFzd zapun Raft lsoa$ 8 uospunmo aq; aT mot; of Paaor-re xanem ;o sis 0'T (EMIT '0N AlTaoTad sap= t;alTa 'Vine 4PI0S of mot; of paaoita sage* ;o laa;-paoaeg L't :841157a =flea BuTsoito; eta epnTawT £em t;aTtps 'anoge pe;sTT £tTeoT;Toede lou dlxedoad atm alpt aotama= to peen £ttsaTxolsTq egg5Ta xe;eea :o :slew Axis 'tz0f4s4TtaTI ;haggis efinTpniouT 'opsaoto3 'saflmwa mew so PtaT;xsO tri .luta° dq pattos;uoo so patraao elgbtx gotwp a0 'asquoTp 'eggbtz :suss 'zasues :expo .Cas .e;usap o; alTstoiTnb pm stlas so;also •`t 'ors dgTsoTzd xapan yl oR xtoeaeeag 1ptog atm uT see; asps L' Z tapes xeq;abo; pus puts =um 'og dlszoTad :apnn dd£L# (ebupsds) a01Ta ;Ptoa aql UT MOT; 0; po oite ze;sea ;o ;ea;-puooas L'T silt '0H dgfaoTad zapun TB# 703T¢ 5tuoxgamsq aqg at mot; 04 Peewit* :este► ;o lea;-puopas t • g t£TT '0N d;TxoTad :spun EL# 704'M sllanoq etil of et"T; 0; PeaDTte sa;set ;o lap;-pttoaas 9'0 galla poos,tsolgo� a Int -011XTTsoTsd :spun ;usuabasta2 at uT Kota 0; Paaotts sena ;o las;-puotas 0•t 19C • 0g dl TaoTsd sapan 6z ' ol¢ gpwTa poostuo;;oa eta uT MOW 0; Pa*otTe :else► ;o lap;-puooae o't PTOKets� ata uT mot; o tnst '0N '£lT:ofsd aspen ;uataabzetug T3 ; paaoiie setas► ;o lea;-Pttooan S'0 geoxg 3 tmeptmmp e ; t98 '0H �Txossd =Tun glia g uT '`10T3 0; Pes,oits sasses ;o lee;-ptrooae 0't esti 'old £;Txo;:d :spun anameBaetug ;gT 113zTa *lOB .tea aql uT MoT; 04 Pem0Tis :alae. ;o sae;-puooas S'0 tiOgT¢ KsOd •tea all uT APT;og t39 'ox d;Tao;xd aepnn pes.otie sales, ;o ;aa;-puooes L'O (99 '0I1 AtfaoTxd /spun talTa aosaapuj Puts 1ii4u'Mg'Iea aril trT '°T; 0; pesa0iis xe;en ;o lee;-puooas 0' E zaptzn galla sada :SO '0N £lTzoTxd $ sq uT moll 0; peaotis :flew ;o sae;-puooaa s't l sadsg pure aoesapu@ a 't9 '011 dlTsofsd =spun gDfTa g uT swig 0l pa*otig as;sea ;o lea;-purooae 0't :Bufmotto; xa;;su'{aaet= euoT1anT0TT 81:14 04 ;oaCgns 'sggbtz OuTa0TTo; aqg ,septal papntouuT eq dem ss put zaptmasaq pehaauaoo dgxadoad agg glTM aoT;aaauoo uT peen= 0; BuTfieotaq zo ;ueualxndds slt;Efx quiTP Pus aeg0:tp 'eaRBTa aelesa pus :elset its unit aataa&oS penaflu00 ■7o &Ian= 2.9 390d Sft 4OO'8 0®t cvtinpi.''vKYcvfn rennne,enrfl E SJVd rr•rr ca/trio BOOK 2125 PAGE 67; The following real property situated in the County of Mesa, State of Colorado: Resurvey Tract 49, formerly 2% SW4, NW% SE'% of Section 14, Township 8 South, Range 99 West Resurvey Tract 57, in Sections 26, 27 and 28, Township 8 South, Range 99 West, 6th P.M. Together with all permits and grazing authorities and leases, whether federal or state or both, as related to the lands above described and issued to Grantor with reference to said lands. Grantor does not and will not warrant title or any continuing rights with respect to such permits, leases or grazing authorities and transfer or assignment will be solely in accordance with the conditions and limitations which appear On the face of such authorities and as further limited by applicable rules and regulations of the issuing authorities, and federal and state statutes. Grantee will maintain such permits, leases and authorities in full force and effect so long as Grantor retains any security interest in the lands to be conveyed as above. Together with all. of Grantor's right, title and interest in and to oil, gas and other minerals in, on or under the lands conveyed hereunder, to the extent, and only the extent, such interests may be owned by Grantor on the date of execution of this need, excepting all oil, gas and other minerals as have been previously excepted, reserved or conveyed by conveyance, patent, or otherwise; and subject to all existing and recorded leases, permits and authorities to enter, explore for and remove such oil, gas and other minerals. FOOR QUALI iY D8CUA.i.NT PROb9DED FOR REPRODUCTION abed uo panurquoa 'OLE abed ae ZIT x0o8 uT Z681 '8T dzenzgaa papzooaz luaaed salels paTTun uT panzasaz se 0161 'ZZ aunp 3o goy Aq awes alp anowaz pue aures o1 1gbTl aqg ' ieoa !IV 'TT 'SILL 'oN uotldaoau se 8881 'Si aunp BuTIT3 gonTu buoznswav aqi 3o quawaieis pue dew 'LOST -ow uotldaoau se 5881 'SZ tTzdv PaTT3 '1431Tn 33eu aq1 30 ivawageis pue dew *equaled sagugs paITun aql uT panzasaz se 'sageas pagTun egg 3o ditzogine alp Aq paionzisuoo se sieueo JO sagoITp zo3 .tem 3o ig6Tz e pue 'paiuezb dgazaq sasTwazd aqi aoaszaauT zo siezlauad of puno; aq awes alp pinogs 'wo.Jazagq azo sTg anowaz pue aoezaxa 01 apoi JO UTan e 3o zoiatzdozd aqi 3o agbTu pue ag9 OT '6 '8 *stead luanbasgns P661 wart xe1 zo3 sluawssasse pue saxeg pTedun iie pue Auv 'L Aq •panarwo ATTeuoTaualul '9 'paagTwo diieuoT3uaaui •S •paflTwo ATTeuoTauaIui •T, 'pannTwo diieuoT1uaauT •E 'paalTwo diieuoTluaaul -Z •abpaimoux Tenaoe seq aaquezp goTgM 3o spzooa.z °TTgnd uMogs lou uotssassod uT saT3zed 3o sWTETo JO 81116Tu •opeaoioD 'X1unoe piai3z2N uT paaeooT Agiedozd 01 £Tdde suoTadeoxe burmoTio3 aqy .Hn J,I8INX3 rL9 39t/c1 fa -Cr 6 )I00%T PAGE 2 BOOK 2125 PAGE 6; 12. Right of way for Anderson and Dela Matyr ditch as contained in statement recorded June 11, 1896 in Book 28 at Page 373. 13. Map and Statement of the L. T. Stewart Reservoir filed July 11, 1902 as Reception No. 26830. 14. Map and Statement of The Boldt Ditch, filed August 16, 1905 as Reception No. 30980. 15. Map and Statement of The Third Enlargement of The Cottonwood Ditch filed June 6, 1910 as Reception No. 39632. 16. All coal and other minerals, together with the right to prospect for, mine and remove the same as reserved in United States Patent recorder August 19, 1937 in Book 172 at Page 598. 17. All coal and other minerals, the right to prospect for, mine and remove the same as reserved in United States Patent recorded Novembez 9, 1937 in Book 191 at Page 172. 18. A perpetual easement and right of way for an irrigation ditch 7 feet in width across the 81/28E1/4 of Section 6, Township 8 South, Range 98 West of the 6th P.M. as granted in instrument recorded June 26, 1939 in Book 181 at Pages 318 and 319. 19. All coal mine and recorded 20. All coal mine and February and other minerals, together with the right to prospect for, remove the same, as reserved in United States Patent November 18, 1939 in Book 194 at Page 596. and other minerals, together with the right to prospect for, remove the same as reserved in United States Patent recorded 9, 1943 in Book 201 at Page 519. 21. Reservation of an undivided one-half interest in and to any and all oil and gas lying under and upon said lands with the right of ingress and egress from said lands for the purpose of exploring, mining, drilling, extracting and removing such oil and gas, and in that connection with the right to erect improvements and lay pipelines and do such other necessary and expedient improvements as might be required for the operation of oil and gas production but without interference to the improvements on such lands as reserved by Phillip A. Moore in deed recorded February 17, 1947 in Book 226 at Page 154 and any interests therein or assignments thereof. 22. Undivided 5/10 of 1 percent of the minerals as conveyed to Wayne N. Aspinall by mineral deed recorded May 27, 1947 in Book 227 at Page 165. 23. An undivided 1/10 interest of the minerals as conveyed to N. E. Pyeatt by mineral deed recorded December 15, 1948 in Book 239 at Page 630. continued on page 3 •T6L 952d ;v 085 Xoog uT T86T 'i zegmolde0 pepaoo9l 'easseZ sv ''our 'seTagsnpu= goo) pug 'saosse' sv 'sands 'V 21210 pug shads •y m21TTTM uoengeq pug Aq eseeq 020 pug 110 ;o suoT4TPuoo pug swan 'EC •ZOZ pug 00Z '00T sebvd 42 art X0011 uT pug ZOZ obvd qv BZi Xoog uT ZL6T '£T corn.; popzooaz 'gasser; se "Aorta uogded 'H puv 'slosse' sv 'saved$ 'y vin 0 puv savods 'I WVTTITM ugemseq pug Aq ern/ s29 pug 1T0 ;o suotgtpuoo pug smaoy •Z£ •ute1eq; sgsezegut so ;oezeq; s1u9mUbtssv TIv pug Xug pug '9EE ebgd qv Z9C xoog uT 'P96T .'L 2egmaoeu papzooaa 'dallva •a pnvgaTg o; poop eqg uT uosxln 0 •g vmzog Ag pen.1asaz sv 'sggbTa Igzautm 1aq;o pug sub '110 TT2 uT ;se.1a4uT q;gbTa-auo P0PTATpup 'TC •utezeq; 0409191111 ao ';oaiaq; s;uemtbTssv 112 puv dug puv '6E5 abed iv 9t£ Xoog uT £96T 'tZ d.1enuvr pepao09a '191Z19H •Ni pea;tuIM pug zoTz3OH •H 'M o; poop egg uT bang •g sew 23E2 bang •g 091.1240 Aq p941asa2 82 's;gbta 121auTm aaggo put 025 'TTo 112 UT ;seaa;uT ;124-auo paptntpun 'OE 'ut9aagl 0100191ug ao '309194; c;uamubtesv Ty: puv due puv "us abvd ;2 SZE Xoog uT 096T 'T dlnr papa000a 'uosxagl3 'g 2maof put uosxln0 •a gdesor o; peep aq; IIT pIaT;.1e;;vg •g Align Aq p9419sa1 dlsfOTnald U004 1011 9424 40Tgn 'slgoTz releutm aaq;o puv svb '1To 112 uT ;saaa;uT ;Ivq-auo pepTATpuf •utazaq; s;saza;ut .10 '100104; sIUOWUSTssv nu puv due put 'ELS abed 12 99z Xoog uT Z;6T '9Z 19gmano1 pepzoova 'bang 'a dggozoq pug '3 091.240 01 poop aq1 uT TTompTJ '3 '0 Aq peAaesa1 62 '610Ta TvaeuTm aaq;o put svb 'TTo TINE •1110104; 0100104,1 10 '3091941 s;Uamubtss2 T12 put due put '9Lt abed q2 LSZ )(coot; uT 1561 'E TT1dy papzooaa PI9T;19;;23 •A X1.122 01 poop egg uT 11o11Ty •D 'y dq panaasel s2 •6Z 'BZ 's;4btz I2lautm aaq;o put svb 'IT° b1TuT21191 112 uT 42012111T 3i24-2110 'LZ •;oazeq; s;uam6tss2 so 11Taaag; s;seaa;11T 112 put due puv 'atz abed qv p5Z Xoog 11T.0561 'i ae4o;o0 papzooaa peep uT UO3,1TF'D •Y Aq paAaasaa 82 0121911Tm 194;o put sob 'Ito Bons 1102;9.192; 9401191 ao ;aodsuva; 'ants 'eonpoad 01 12Tquesse 10 d12ssooau GT s2 spun ppm ;o 902;zns oq; ;o osn aq; q;T" aaq;abo; !moa;eaegq amts 941 b11Tnomaz p112 s121e11Tm awn() put svb 'Ito 10; pull pigs b11taoldx9 so but;onz;xa 'buT1TT1P 'butuTu ;o esodand 9qq 10; spuv1 pTvs 1940 put uo 'uT ss9ab9 p112 ssezbuT ;o ;gbTa a4; g;TM 1aq;abo; 'spun pT2s 20 ITV IOpun 10 'uT '110 6121911711 19940 p112 svb '170 Tye ;O uoTg2nz9s9H '9Z ;oeaeq; s;uamubtssv IT2 put 'L61 p9p10o9a 'uogfZ 'D 'Y o; poop 's;gbTa 121911111 aaq;o Put svb 'TT° •uTa19q; s;saa91ui 10 cobvg q2 6)Z X008 uT 056T 'EZ goavw 941 uT 1104113 •M •'I AC( p9419soa 62 TT2 uT 100191111 ;Tull-auo papTnipua •SZ Z£9 ebvg q2 6EZ Xoog uT 9t6T 'ST 19gm909Q papaoova poop nn1auTm Act ;;29dd •g •H o; ped9nuoo s2 8121911711 eq; ;o 16919;111 0T/T p9ptntpun uq 'iZ 49 391Sd SZTZ 1008 E aDYd BOOK 2125 PAGE 677 PAGE 4 34. Terms and conditions of Hancock Gulch Unitization Agreement as referred to in Certificate of Unitization recorded February 16, 1979 in Book 522 at Page 959. 35. Right of way agreement between William T. Spear and Clara Spear to Dyco Petroleum Corporation recorded August 21, 1981 in Book 579 at Page 671, and as modified by instruments recorded May 31, 1983 in Book 628 at Page 119, and February 22, 1984 in Book 644 at Page 702 and March 21, 1986 in Book 685 at Page 450. 36. Reservations as contained in deed from William T. Spears and Clara A. Spears to Enerwest, Inc. recorded August 25, 1981 in Book 579 at Page 869, and Page 884. 37. A sixty foot easement and right of way for pedestrian and vehicular ingress and egress on, over and across and through a 60 foot strip of land lying thirty feet on either side of the centerline of County Road No. 200 as conveyed to Enerwest, Inc. in deed recorded August 25, 1981 in Book 579 at Page 891. 38. Terms and conditions of Agreement for the Boldt Springs Pipeline described in instrument recorded August 25, 1981 in Book 579 at Page 918. 39. Right of way easement granted to Rocky Mountain Natural Gas in instrument recorded January 25, 1982 in Book 591 at Page 449 (Affects Section 11, Township 8 South, Range 98 West of the 6th P.M.) 40. Pipeline Easements as granted to Northern Natural Gas Company by Enerwest, Inc., by documents recorded January 26, 1982 in Book 591 at Page 541, and recorded June 25, 1982 in Book 602 at Page 84. 41. Easement and right of way 50 feet in width for the operation, construction and maintenance to operate a pipeline, or pipelines, and appurtenances thereto as granted to Northern Natural Gas Company in instrument recorded January 26, 1982 in Book 591 at Page 553 and as contained in instrument recorded June 18, 1982 in Book 601 at Page 344. 42. Easement and right of way for the construction, operation and maintenance of a pipeline or pipelines being 50 feet in width as granted to Northern Natural Gas Company in instrument recorded January 26, 1982 in Book 591 at Page 560, and as contained in instrument recorded June 18, 1982 in Book 601 at Page 351. 43. Pipeline easement granted to Northern Natural Gas Company in instrument recorded January 26, 1982 in Book 591 at Page 560 and in instrument recorded June 18, 1982 in Book 601 at Page 351. (Affects Section 11, Township 8 South, Range 98 West of the 6th P.H.) 44. Pipeline right of way granted to Getty Trading and Transportation Company in instrument recorded July 5, 1983 in Book 630 at Page 14. 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The following exceptions apply to property located in Mesa County, Colorado. 1. Rights or claims of parties in possession not shown by the Public records of which Grantee has actual knowledae. 2. Intentionally omitted. 3. Intentionally omitted. 4. Intentionally omitted. 5. Intentionally omitted. 6. Reservation of right of way for any ditches or canals constructed by the authority of the United States in U. S. Patent recorded March 31, 1925 in Book 285 at page 63 and in Patent recorded May 4, 1957 in Book 362 at page 199. 7, Excepting and reserving however to the United States, all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of Dec. 29, 1916 (39 Slat 862) as reserved in U. S. Patent recorded May 4, 1937 in Book 362 at page 199, affecting Tract 57. 8. Reserving unto Grantors an undivided 1/2 interest in and to all minerals now owned by grantors lying in and under the lands herein conveyed together with right of ingress and egress for purpose of prospecting for, mining and removing the same subject however to payment to the surface owners of full compensation from Licencess or Lessees of Grantors for any damagesoccasioned thereby , as reserved by Charles E. Burg aka Chas. E. Burg and Dorothy E. Burg in Deed to W. M. Metews and Winifred A. Metews recorded February 8, 1963 in Book 839 at page 366 and any and all assignments thereof or interests therein. 9. Rights of surface entry and other incidental rights used, claimed or asserted under any mineral reservation, lease or conveyance identified in items 7 and 8 hereof. 10_ Right of way between Winifred A. Metzler and W. W. Metzler and State of Colorado recorded August 31, 1966 in Book 900 at page 109 for a roadway, as set forth on the sheets attached hereto. •CeMpeoa ottgnd uado ue of slstxa ssaaae ;o 4y6ta ,Cue ley; alenits st ,';aadoad laafgns yatyM tit ,C4uno0 ay; ;o aapaooag pue vat0 ayl ;o aatjjo ay; ut sluawna;sut ay; moll aeadde lou saop It asneaaq ,Cnssaaau st not;daaxa s1y1:310N •deMg6ty JO ;aaals 'peon attgnd uado ,Cue of puet aql wo.t; ssaaae ;o 4g6ta a ;o u;e; '£t •o;away payael;e ;aays ay; uo gin; ;as se La afied le L061 :loop ut Z66L 'ZZ aunt` papaooaa lue46 luawasea pue Lem jo 4y6tb 'ZL •o;aaay payael;e ;says ay; uo ypo; las se 'g abed ;e out Moog ut 1861 'sZ isn6ny papaoaaa paa0 ut saeads •v eae10 pue saeads 1 Wei[11M kg pan.Aasaa se 'awes ay; 6utute4utew pue 6utaledaa jo asodand atos ay; ao; steueo pue sagoitp pies 6uote km ;o 41161.1 antsntaxa-uou e 43tM aay;a6o; pue utaaayl s4g6ta aa;et panaasaa ay; jo 6utuuna lie pue olaaay g ltglgx3 uo pagtaosap spuet ayl ;o it;auaq ayl ao; pue o; lstxa gatgM uotsaantp ;o slutod aql woa; 6ut4stxa pue palanalsuoa se steuea pue saypltp ao; /OM 40 ly6ta antsntaxa-uou 2 anaasaa saolueao 089 39HJ Z TE 71000 MISSISSIPPI STATE OP Q floc D( County of LAUDERDALE St..IK 2125 PAGE 669 1, TERESA ROBERTS , a Notary Public in and for said LAUDERDALE County, in the State aforesaid, do hereby certify that ANGELIA T. COVINGTON who personally known to me to be the person whose name subscribed to the foregoing Deed, appeared before me this day in person and acknowkdgcd that signed, sealed and delivered she said instrument of writing as free and voluntary act and deed for the uses and purposes sa forth. Given under my hand and official seal, this 30TH My commission aspires TaQ tkn-sa dsiat arks )Bard 29. I99$ Nem ma Maus d tate (].my Newly Owed Lepl D S do 63L35-IO6-1, CR -S4 LNTY DEED Q 8 LL O P S 2 y v 031;1. 0 000'699 0 031.' 1. 0 000'699 0 031;1. 0 031.' 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L9306321 :;un000y 31Id021d A1213dOHd Account: Tax Year: Parcel: PROPERTY PROFILE R290288 2003 802910307000 Account Type: Version: Area ID: Mill Levy: 54.962000 APR District: Estimated Tax: 30.78 Status: * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description TILTON TRUSTEE ATTN: TILTON, ARCH 565 28 1/4 RD #42 GRAND JCT, CO 81506-4929 Property Location SEVERED MINERALS, CO Assessment Information Actual 20030521000 029 A SECT,TWN,RNG:31-7-98 DESC: 1/4 INT. OIL, GAS & MIN/RTS, ,SEC 31-7-98 & SEC 36 DESC: 7-99 TR 61 SEC 6-8-98 LOT 4 NWNW SEC 1-8-99 LOT 1 DESC: (TR 37) SEC. 35&36-7-99 TR 59,60 SEC. 21,22,26-28 DESC: TR 50,52,55,56 Assessed SQUARE FEET Acres Taxable Tax Year: 2003 Land Improvements Exempt To 1,930 0 1,930 560 0 560 0 280.000 0 560 Tax Year 2002 Land Improvements Exempt Total 1,930 0 1,930 560 0 560 0 280.000 0 560 Garfield County