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HomeMy WebLinkAbout1.0 ApplicationSUPPLEMENTAL INFORMATION FINAL PLAN Burning Rock Subdivision (Golf Course) Prepared For: Battlement Mesa, Inc. 743 Horizon Court, Suite 301 Grand Junction, CO 81502 Job No. 8003-062 March 21, 1986 Prepared By: J.E. Langford & Associates Crossroads Commons Bldg. #2 2764 Cass Drive, Suite 101 Grand Junction, CO 81506 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS A. BMI cover letter B. Final Plan Checklist C. Supplemental Information D. Subdivision Application Form E. Ad Valorem tax receipts F. Site Approval (treatment plant) G. Final Decree, Augmentation Plan H. List of mineral rights owners I. Title Commitment J. Monument Records K. Vicinity Map 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BATTLEMENT MESA INC. 743 Horizon Court P. 0. Box 308 Grand Junction, Colorado 81502 March 21, 1986 Mark Bean Director Garfield County Planning Dept. 109 8th Street, Suite 306 Glenwood Springs, CO 81601 Re: Final Plan for Burning Rock Subdivision (Golf Course) JEL Job No. 8003-062 Dear Mark, Please accept this proposal for the Final Plat of Burning Rock Subdivision which is to be developed as not only the golf course, but also sites for the future Visitors Center, Golf Course Clubhouse and a possible Convention Center. This plat is very important to the development and county from the standpoint of easement platting. This plat will make a matter of record, the easements for water and sewer lines as they run frau the Town Center and Battlement Creek Village areas to the treatment facilities. You will find an attached check for $305.83 to cover the filing fees. In addition, please find attached the Supplemental Information Package, Which includes a Final Plan checklist, subdivision summary form, a vicinity map, tax receipts, title oomnittment and names and addresses of all adjacent mineral ownerships. These plans are being submitted to you by our consulting engineers, J. E. Langford & Associates. Please let me know if you need any additional information. Respectfully, W.W. Wilde Project Superintendent WWW/lib attachment FINAL PLAN CHECKLIST Rev: 11-12-84 5:21 and 5:22 Final Plat Map Cover Sheet (Key map, Vicinity map, Titles, Certifications, Legal) 24x36 mylar A Name & Legal Discription B Date, Scale, Basis of Bearing & North arrow C Location & discription (control points & property monuments) D Street names, Lot & Block numbers E Drainage channels F Vicinity Map, 1"-2000', with Sec., Twn. & Range lines G Right-of-ways (Solid), Easements (dashed), dimensions and areas. _ 1) Dimensions to nearest 1/100th _ 2) Areas to nearest 1/100th 3) Angles to nearest second 5:23 Monumentation Boundary Monuments in accordance with 5:23 A & B Roadway Centerline monuments in accordance with 5:23 A & B Aliquot Corners in accordance with 5:23 A & B Benchmarks in accordance with 5:23 A & B 5:24 Certifications and Additional Information Names & Addresses a) Owners (Surface & mineral) b) Mortgages Landuse Chart a) Total acreage of subdivision b) Total acreage of each use c) Total number of lots C County Surveyors Certificate D Indication of Purpose, easements & open space E Certificate of Dedication F Surveyors Certificate G Monument Records H Attorney's Certificate I County Commissioners Certificate J Clerk and Recorders Cerfificate 5:50 Supplemental Information A. Engineering Plans and Cost Estimates: All improvements needed for this plat are already in place. No additional utilities are needed or planned for future public maintenance. B. Subdivision Improvements Agreement: No for public maintenance on this site. C. Ad valorem tax receipts: Find attached Country Assessors office. D. Protective Covenants: None are required nor proposed. improvements are being proposed a letter from the Garfield E. Availability of public Utilities and Access: Public utilities and services presently exist in the public rights-of-way and easements running either adjacent to or within this parcel as shown on the Preliminary Plat. Water and sewer service, though not public at this time, is currently being furnished by Battlement Mesa, Inc. F. Site Approval (treatment plants): Not applicable, site will contain no units (See section 4:12 L page 4-2, Garfield County Subdivision Regulations, 1984). G. Water Augmentation Plan (final decree): (Attached) H. School Site Approval: Development of this site represents no impact on Garfield County School District No. 16 I. Adjacent mineral rights owners and lessees: (See attached listing). J. Title Commitment: (Attached). K. Vicinity/Location map (Attached). 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Sketch Plan Preliminary Plan Final Plat XXXX SUBDIVISION APPLICATION FORM SUBDIVISION NAME: Burning Rock Subdivision (Golf Course) OWNER: Battlement Mesa, Inc. ENGINEER/PLANNER/SURVEYOR: J.E. Langford & Assoc. / Thompson Surveying Service LOCATION: Sections 5,6,7,8 & 18 Township 7 South Range 95 West WATER SOURCE: Battlement Mesa, Inc. water treatment plant SEWAGE DISPOSAL METHOD: Battlement Mesa, Inc. sewer treatment plant PUBLIC ACCESS VIA: North Battlement Parkway EXISTING ZONING: Public, Semi-public and Recreational (PSR), Neighborhood Commercial (NC) and Business Center (BC) EASEMENTS: Utility (as noted on Final Plat) Ditch (none) TOTAL DEVELOPMENT AREA: (1) Residential Single Family Duplex Multi -family Mobile Home Number Acres Floor Area Acres (2) Commercial sq.ft. 10.77 (3) Industrial sq.ft. (4) Public/Semi-Public & Recreational 195.06 (5) Open Space/Common Area TOTAL: Parking Spaces: Residential Commercial Industrial 205.83 GARFIELD COUNTY ASSESSOR LELAND H. (LEE) HUNTER Phone 945-9134 Court House 109 8th Street Suite 207 Glenwood Springs, Colorado 81601 TO WHOM IT MAY CONCERN FROM: Leland H. Hunter, Garfield County Assessor DATE: November 15, 1985 Let it be known that taxes on any and all properties in Garfield County, Colorado owned by Exxon Corporation and/or its subsidiaries have been paid for the year 1985. /' Lelai'. H. Hunter, Garfield County Assessor E la Step Garfield s, ounty Treasurer 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 c. OLORADD [f:.)E '. ]TIMENT OF HEAL ra-4 Richard D. Lamm i` • Thomas M. Vernon, M.D. Governor 8 7 6* Executive Director September 10, 1985 Battlement Mesa, Inc, P.O. Box 308 Grand Junction, Colo. 81502 RE: Site Application # 3738 Garfield County Gentlemen: The Water Quality Control Division has reviewed and evaluated your site application and supporting documen;:ation for a domestic wastewater treatment works to be located in the center of the Southeast 1/4 of Section 13, Township 7 South, Range 96 West at the existing wastewater treatment plant site to serve a population equivalent of 3500 and to discharge to the Colorado River. Prior to the construction and operation of the facility, an amended discharge permit will be required which will specify the final conditions and limitations of the operation of the facility. Enclosed is an application for the permit. We find your application to be in conformance with the Water Quality Control Commission's "Regulations for Site Applications for Domestic Wastewater Treatment Works". Therefore, the site application is approved with the following conditions listed below. 1. Based upon application information, the system design will be for: a. Average Daily Flow Capacity - 0.4 mgd b. Organic Loading Capacity - 670 lbs. BODS/day c. Treatment Processes to be Used - primary treatment, aerated lagoons, and chlorination 2. Preliminary Effluent Parameter Values: a. BODS - 30/45 mg/1 b. Su:;pended Solids - 75/110 mg/1 c. Chlorine Residual - 0.5 mg/1 d. Fecal Coliform - 6,000/12,000 #/100 ml Design for values in excess of these or failure to comply with any other conditions contained herein will render this approval void and another site application will have to be processed 4210 EAST 11TH AVENUE DENVER,COLORADO 802.20 PHONE (303) 32.0-8333 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3. This site approval will expire one year from the date of this letter if the construction of the project has not commenced by that date. If expiration occurs, you must apply for a new site approval. Construction is defined as entering into a contract for the erection or physical placement of materials, equipment, piping, earthwork, or buildings which are to be a part of a domestic wastewater treatment works. 4. The design (construction plans and specifications) for the treatment works must be approved by the Division prior to commencement of construction and ':11 construction change orders initiating variances from the approved plans and specifications must be approved by the Division. 5. The applicant's registered engineer must furnish a statement prior to the commencement of operation stating that the facilities were constructed in conformance with approved plans, specifications, and change orders. 6. Prior to reactivation of the activated sludge process or any increase in approved flow capacities above the 0.4 mgd contained herein, the issue of a mud/debris diversion structure shall be resolved to the satisfaction of the Colorado Geological Survey. In accordance with Colorado Water Quality Control Commission regulations, this approval is subject to appeal as stated under Section 2.2.5(7) of "Regulations for Site Applications for Domestic Wastewater Treatment Works". This approval does not relieve the owner from compliance with all county regulations prior to construction nor from responsibility for proper engineering, construction, and operation of the facility. Sincerely, Gar G. roer.z Director WATER QUALITY CONTROL DIVISION xc: Colorado Geological Survey — ATTN: Pat Rogers Wright Water Engineers, Inc. — ATTN: Kenneth R. Wright Garfield County Board of County Commissioners Associated Governments of Northwest Colorado — ATTN: Jim Evans Thomas L. Bennett, Senior Planner, WQCD Jerry Biberstine, D.E., WQCD Pat Nelson, Permits and Enforcement, WQCD Sharon Ferdinandsen, Operator Certification, WQCD Field Services Section, Secretary, WQCD GGB/TLB/njf 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO Case No. 82CW107 JUDGMENT AND DECREE IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF BATTLEMENT MESA, INC., IN GARFIELD COUNTY This matter having come before the Court upon the application of Battlement Mesa, Inc. for water rights, change of water rights and approval of a plan for augmentation, and the Court having considered the pleadings, the files herein, the stipulations submitted by the parties, and the evidence introduced at the hearing in this case, does find as follows: 1. Application. An application for water rights, change of water rights and approval of a plan for augmentation was filed by Battlement Mesa, Inc., a Delaware corporation (hereinafter the "Applicant"), on May 13, 1982. 2. Jurisdiction. All notices required by law have been fulfilled, and the Court has jurisdiction over this application. 3. Objectors and Entrants. Statements of opposition to the application were timely filed by Union Oil Company of Cali- fornia ("Union"), the Colorado River Water Conservation District (the "River District"), the State Engineer, John W. Savage ("Savage"), Middle Park Water Conservancy District ("Middle Park") and the City and County of Denver acting by and through its Board of Water Commissioners ("Denver"). In addition, entries of appearance were filed by Pitkin County and the City of Aspen. No other statements of opposition or entries of appearance were filed herein and the time for filing such statements or entries has now expired. 4. Augmented Water Rights. Applicant is the owner of the following described water rights and conditional water rights to be augmented (collectively hereinafter the "Augmented Water Rights"): (a) 20 cfs of the Dow Pumping Plant and Pipeline decreed in the District Court in and for the County of Garfield, State of Colorado, in Civil Action No. 4914 for a total of 178 cfs. The decreed source of this conditional water right is the Colorado River (and Green Mountain Reser- voir) with a January 24, 1955 appropriation date, and a November 10, 1966 adjudication date. By decree of the District Court in and for Water Division No. 5 (hereinafter 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • the "Water Court"), entered in Case No. 79CW350, the uses of this water right were changed to include municipal, domestic industrial, commercial, irrigation, sewage treatment and other beneficial uses in connection with the Battlement Mesa Planned Unit Development. The original decreed point of diversion for the Dow Pumping Plant and Pipeline is located at a point on the Northerly bank of the Colorado River, whence the East quarter corner of Section 6, Township 7 South, Range 95 West, 6th P.M. bears North 13° 17' East 753 feet. In addition to the original decreed diversion point, the Dow Pumping Plant and Pipeline has various alternate points of diversion pursuant to decrees of the Water Court entered in Case Nos. W-2786, W-2560 and 79CW350. Moreover, by terms of the instrument whereby Applicant obtained title to the subject 20 cfs of the Dow Pumping Plant and Pipeline, Applicant's interest therein is subordinate in priority to the balance of the 178 cfs decreed to said water right. The effect of this conveyance was to sever into two distinct priorities the Dow Pumping Plant and Pipeline. The subject matter of this application is the subordinate, or most junior 20 cfs decreed to said water right. Nothing herein affects the 158 cfs not the subject of this conveyance. (b) The following described conditional water rights decreed by the Water Court in Case No. W-2560 for 0.22 cfs (100 gpm) each for municipal, domestic, irrigation and industrial purposes, with an appropriation date of March 1, 1974, all of which derive their source of water from the Colorado River alluvium: (1) Atlantic Richfield Well No. 1A, State En- gineer Permit No. 20065-F, located in the SE4 NE4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2300 feet South of the North line and 800 feet West of the East line of said Section 13. (2) Atlantic Richfield Well No. 2A, State En- gineer Permit No. 20066-F, located in the SE4 NE4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2300 feet South of the North line and 600 feet West of the East Line of said Section 13. (3) Atlantic Richfield Well No. 3A, State En- gineer Permit No. 20067-F, located in the SE4 NE4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2300 feet South of the North line and 1000 feet West of the East line of said Section 13. (4) Atlantic Richfield Well No. 4A, State En- gineer Permit No. 20068-F, located in the SE4 NE4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2400 feet South of the North line and 1250 -2- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 feet West of the East line of said Section 13. (5) Atlantic Richfield Well No. 5A, State En- gineer Permit No. 20069-F, located in the SW4 NE4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2600 feet South of the North line and 1450 feet West of the East line of said Section 13. (c) Atlantic Richfield Well B, State Engineer Permit No. 18746-F, decreed by the Water Court in Case No. W-2560 for 1.10 cfs (500 gpm) conditional for municipal, domestic, irrigation and industrial purposes, with an appropriation date of March 1, 1974. The decreed location of this well is in the NE4 SW4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 2200 feet North of the South line and 2500 feet East of the West line of said Section 7, and its source is the Colorado River alluvium. On April 20, 1981 the State Engineer cancelled the well permit for this undrilled well, and in its place issued well permits grant- ing Applicant the right to divert the water right associated with the Atlantic Richfield Well B at the following new wells: (1) Battlement Mesa Well No. B1, State Engineer Permit No. 25264-F, permitted for 100 gpm, located in the NE4 SW4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1960 feet North of the South line and 2200 feet East of the West line of said Sec- tion 7. (2) Battlement Mesa Well No. B2,_State Engineer Permit No. 25265-F, permitted for 200 gpm, located in the NE4 SW4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1745 feet North of the South line and 2165 feet East of the West line of said Sec- tion 7. (3) Battlement Mesa Well No. B3, State Engineer Permit No. 25266-F, permitted for 200 gpm, located in the NE4 SW4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1720 feet North of the South line and 2360 feet East of the West line of said Sec- tion 7. (d) Battlement Mesa Well No. B4, located in the NE4 SW4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1465 feet North of the South line and 2185 feet East of the West line of said Section 7. The source of this well is the Colorado River alluvium. The amount claimed is 300 gpm conditional for municipal (including fire protection) domestic, commercial, irrigation, industrial, sewage treat- ment, recreation and all other beneficial uses, with an appropriation date of May 11, 1981. -3- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (e) Battlement Mesa Well No. B5, located in the SE; SW; of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1180 feet North of the South line and 2100 feet East of the West line of said Section 7. The source of this well is the Colorado River alluvium. The amount claimed is 300 gpm conditional for municipal (including fire protec- tion), domestic, commercial, irrigation, industrial, sewage treatement, recreation and all other beneficial uses, with an appropriation date of November 11, 1981. (f) Battlement Mesa Well No. B6, located in the NE; SW: of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1440 feet North of the South line and 2475 feet East of the West line of said Section 7. The source of this well is the Colorado River alluvium. The amount claimed is 300 gpm conditional for municipal (including fire protec- tion), domestic, commercial, irrigation, industrial, sewage treatment, recreation and all other beneficial uses, with an appropriation date of November 11, 1981. (g) Battlement Mesa Well No. B7, located in the NW; SE; of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1735 feet North of the South line and 2700 feet East of the West line of said Section 7. The source of this well is the Colorado River alluvium. The amount claimed is 300 gpm conditional for municipal (including fire protec- tion), domestic, commercial, irrigation, industrial, sewage treatment, recreation and all other beneficial uses, with an appropriation date of November 11, 1981. (h) Eaton Pipeline No. 2, decreed in the District Court in and for the County of Garfield, State of Colorado, in Civil Action No. 4954 for 10 cfs for irrigation, manu- facturing, industrial and domestic uses, with a December 18, 1956 appropriation date. By supplemental decree entered in Civil Action No. 4954, 4.25 cfs of this water right was made absolute while the remaining 5.75 cfs was continued as a conditional right. The decreed point of diversion of the Eaton Pipeline No. 2 is located at a point on the left bank of the Colorado River, whence the West quarter corner of Section 7, Township 7 South, Range 95 West, 6th P.M. bears North 40° 44' West 3711.5 feet, and derives its source from the Colorado River. 5. Permit Applications. Applications for permits to construct the Battlement Mesa Wells Nos. B4, B5, B6 and B7 have been filed with the Colorado Division of Water Resources, Office of the State Engineer. The permit application for Well B4 was filed with the State Engineer's office on or about August 11, 1981, and the permit applications for Wells B5, B6 and B7 were filed on or about June 23, 1982. All well permit applications are currently pending and have yet to be acted upon by the State -4- Engineer. Since over six months have elapsed since these permit applications were filed with the State Engineer, pursuant to C.R.S. 1973, § 37-92-302(2) this matter is now ripe for decision. 6. Augmentation Contract Rights. To augment the water rights described in paragraph 4 above, Applicant proposes to utilize the following described water rights: (a) Ruedi Reservoir, decreed in the District Court in and for the County of Garfield, State of Colorado, in Civil Action No. 4613, for domestic, municipal, irrigation, indus- trial, generation of electrical energy, stockwatering and piscatorial uses, with an appropriation date of July 29, 1957. By subsequent order of the Water Court entered in Case No. W-789-76 the decreed amount of this reservoir has been fixed at 102,369 acre feet. Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 thru 18, Township 8 South, Range 84 West, 6th P.M., in Eagle and Pitkin Counties, and derives its water supply from the Fryingpan River. By Water Service Agreement dated May 13, 1982, between Applicant and the United States Bureau of Reclamation, Applicant has the right to call for the release of up to 1250 acre feet per year from Ruedi Reservoir for augmentation and other pur- poses. The term of this Water Service Agreement extends until September 30, 2019, and may be extended at Applicant's option for an additional forty years. (b) Wildcat Reservoir, decreed by the Water Court in Case No. W-21 for 1140 acre feet for municipal, recreation, irrigation and industrial uses, with an appropriation date of September 28, 1968. The left dam abutment for this reservoir is located at a point whence the SW corner of Sec- tion 30, Township 9 South, Range 85 West, 6th P.M. bears South 53° 31' East, 6800 feet, Pitkin County, Colorado, and the reservoir derives its source from Wildcat and East Snow - mass Creeks. By Lease with reservoir owner Robert Mosbacher dated January 1, 1980, Applicant has the right to call for the delivery of up to 200 acre feet annually from Wildcat Reservoir. The term of this lease extends until December 31, 1984, and may be extended at Applicant's option for an additional three years. 7. Augmentation Water Rights. Applicant is the owner of the following additional water rights which may be used for aug- mentation purposes: (a) Mesa Lakes Nos. 1, 2, 3, 4, 5, 6, 7 and 8, decreed by the Water Court in Case No. 79CW349 for a total of 103.7 acre feet conditional, all with an appropriation date of December 26, 1979. These lakes are located in Sections 7 and 18, Township 7 South, Range 95 West, and Section 13, Township 7 South, Range 96 West, 6th P.M., Garfield County, -5- Colorado, and all derive their source of water supply from the Colorado River, Monument Creek (a/k/a Monument Gulch) and unnamed gulches which flow into the eight lakes. (b) Monument Reservoir No. 3, decreed by the Water Court in Case No. W-2013 for 500 acre feet conditional for irrigation, piscatorial, municipal, and domestic uses, with an appropriation date of July 24, 1973. This reservoir is located in Section 20, Township 7 South, Range 95 West, 6th P.M., Garfield County, Colorado, and derives its source from Battlement Creek and Monument Gulch. In addition, this reservoir is also entitled to be supplied from the Huntley Ditch - Monument Reservoir Enlargement decreed by the Water Court in Case No. W-2012 for 15 cfs conditional, with an appropriation date of July 24, 1973. This ditch derives its supply from Battlement Creek. (c) Battlement Mesa Augmentation Reservoir, decreed by the Water Court in Case No. 81CW302 for 240 acre feet con- ditional for municipal, irrigation, domestic, and recreation uses, with a September 22, 1981 appropriation date. This reservoir is to be located in Sections 18 and 19, Township 7 South, Range 95 West, 6th P.M., Garfield County, Colorado and derives its supply from Battlement Creek, Monument Gulch and the Colorado River. 8. Application for Water Rights. By the subject appli- cation, Applicant seeks to adjudicate the conditional water rights for the Battlement Mesa Wells Nos. B4, B5, B6 and B7, more particularly described in paragraphs 4(d), 4(e), 4(f) and 4(g) above. Pursuant to the Pretrial Order entered in the above - captioned case on December 28, 1982, the Court determined that the parties had admitted and stipulated to the fact that, among other matters, the Applicant was entitled to a decree for these wells. Accordingly, the Court finds that Applicant should be granted conditional water rights for the Battlement Mesa Wells Nos. B4, B5, B6 and B7 as described herein. 9. Change of Water Rights. By this application, Applicant seeks the following changes with respect to its water rights: (a) A change in use of all of the previously adju- dicated water rights to be augmented and more particularly described in paragraph 4 above to include municipal (in- cluding fire protection), domestic, commercial, irrigation, industrial, sewage treatment, recreation and all other beneficial uses. While additional purposes are sought in connection with this change, the uses originally decreed to these water rights contemplates a level of consumptive use that precludes any notion that any greater demand on the stream will occur by reason of this change. Accordingly, injury to the vested water rights of other appropriators will not occur by virtue of this requested change in use. -6- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (b) A readjudication of and correction of the clerical error made regarding the Mesa Lakes Nos. 1 through 8, more particularly described in paragraph 7(a) above, to include the right to store and use water from these lakes for munic- ipal (including fire protection), domestic, commercial, irrigation, industrial, sewage treatment, augmentation, exchange, recreation and all other beneficial uses, with an appropriation date of December 26, 1979. This correction is sought inasmuch as the decree of the Water Court entered in Case No. 79CW349 which originally adjudicated the eight Mesa Lakes mistakenly omitted the decreed uses and date of appro- priation for these water rights. This omission was the result of a clerical error, and thus no injury will occur by reason of this change. (c) The right to use the Battlement Mesa Wells Nos. B1, B2 and B3 as alternate diversion points for the Atlantic Richfield Well B, and the right to use the Battlement Mesa Wells Nos. B1 through B7 as alternate diversion points for Applicant's Dow Pumping Plant and Pipeline up to the decreed and/or permitted capacity of such wells. As this change involves the movement of points of diversion relatively short distances, with usage and returns to the stream re- maining the same, no injury will occur to the vested water rights of other appropriators by virtue of this requested change. (d) The right to store water diverted under Applicant's Dow Pumping Plant and Pipeline and the Eaton Pipeline No. 2 in the Mesa Lakes Nos. 1 through 8, the Monument Reservoir No. 3 and the Battlement Mesa Augmentation Reservoir. Given the level of consumptive use contemplated by and decreed to these direct flow water rights, no injury will occur to the vested water rights of other appropriators by virtue of the request to store such water in the aforementioned reservoirs. (e) A change in name of the Atlantic Richfield Wells Nos. lA through 5A, more particularly described in paragraph 4(b) above, to the Battlement Mesa Wells Nos. lA through 5A. This change is strictly a clerical matter which will not occasion any injury. In view of the lack of injury resulting from any of the requested changes, the Court finds that'all of the foregoing changes of water rights should be granted. 10. Plan for Augmentation. By Decree of the Water Court dated March 20, 1981, entered in Case No. 79CW351, Applicant obtained approval of a plan for augmentation regarding certain water rights to be used in connection with the new community of Battlement Mesa which is located on the south side of the Colorado River near the Town of Parachute. Among other aspects of the -7- Court approved augmentation plan, Applicant was awarded the right to make otherwise out -of -priority diversions of its Dow Pumping Plant and Pipeline priority up to the amount of 6 cfs. By the present application Applicant seeks the right to make out -of - priority diversions from the Dow Pumping Plant and Pipeline at all of its alternate points of diversion up to the full 20 cfs owned by Applicant. Moreover, Applicant seeks the right to make out -of -priority diversions from its Atlantic Richfield and Battlement Mesa Wells at such times as said wells are not being used as alternate diversion points for the Dow Pumping Plant and Pipeline. Finally, Applicant seeks the right to make out -of - priority diversions from the Eaton Pipeline No. 2. To permit such otherwise out -of -priority diversions, Applicant proposes to make contemporaneous replacement of resulting depletions from the water storage rights described in paragraphs 6 and 7 above. 11. Depletions. Depletions resulting from diversions and use of water from the Augmented Water Rights consist of the water actually consumed in the course of operating the Battlement Mesa central water and sewer system for municipal, domestic, commercial, irrigation, industrial, sewage treatment, recreation and all other beneficial uses occurring under the system. This depletion will be measured as the difference between raw water diversions from the Augmented Water Rights (all of which will be metered) and return flows discharged to the Colorado River after use. Return flows shall include metered discharges from Battlement Mesa's wastewater treatment plant (or a facility which by con- tract provides such treatment and metering of discharges) and irrigation return flows from lawns, gardens, parklands, golf courses and other identifiable return flows. 12. Depletion Formula. So as to assure the replacement of all out -of -priority depletions, the method of measuring water consumption and the formula for calculating required replacements of depletions approved by the Water Court in Case No. 79CW351 shall be employed in connection with the present augmentation plan. This depletion formula is as follows: D=Q-P-.2(Qm_i-HUm_1) Where: D equals depletion of water to Colorado River system on any given day expressed in acre feet. Q equals rate of diversion in acre feet per day of the Augmented Water Rights. P equals discharge in acre feet per day from the Battle- ment Mesa wastewater treatment plant. HU equals the acre feet per day of water delivered to residences, office buildings, schools, and other structures -8- for internal domestic and sanitary purposes, which, for purposes of this plan, is calculated as equalling the measured discharge of the Battlement Mesa wastewater treatment plant divided by 0.95, plus water delivered for industrial or other non -irrigation uses. Qm_ equals the average daily rate of diversion in acre feet per day of the Augmented Water Rights one month prior to the date for which the formula is being applied. Imposition of this delay factor is designed to account for the lag time from application of water until its return to the stream. HUm-1 equals the average daily delivery of water, in acre feet, of water delivered to residences, offices, buildings, schools, and other structures for internal domestic and sanitary purposes which is calculated in the same way as provided above for HU but for one month prior to the date for which the formula is being applied, plus water delivered for industrial or other non -irri- gation uses one month prior to the date for which the formula is being applied. 0.20 equals the increment of applied irrigation water which returns to the Colorado River by ground water percolation or tailwater. It represents the appli- cation of irrigation water over and above evapo-trans- piration. In addition to the foregoing depletion formula, Appli- cant shall account for any water introduced into the Battlement Mesa central water and sewer system which does not originate from the points of diversion described herein. 13. Stream Carriage Losses. By the subject application, Applicant seeks to fix the stream carriage charge imposed on releases of its Ruedi Reservoir contract water for augmentation purposes. In support of this request, Applicant submitted an extensive engineering report which calculated the extent of stream carriage losses resulting from the release of Ruedi Reser- voir water for Applicant's augmentation purposes. In addition, Applicant entered into stipulations with the State Engineer, Middle Park, Savage, Union and the River District, the terms of which are more particularly described in paragraph 15 below, in which it was agreed that such stream carriage charges on Appli- cant's Ruedi Reservoir contract water should be fixed at a constant rate of 9.5% for the first 14 days of release after call initiation, and 0.4% for each day thereafter through termination of the augmentation release. The parties further stipulated that releases of augmentation water from Wildcat Reservoir and the water storage rights described in paragraph 7 above should be subject to such stream carriage charges as may reasonably be imposed by the Division Engineer for Water Division No. 5. In 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 view of the foregoing, the Court finds that releases of reservoir water for augmentation purposes shall be subject to such stream carriage charges as agreed to by the parties and set forth in the aforementioned settlement stipulations. Furthermore, such aug- mentation water shall be released at the direction of the Divi- sion Engineer for Water Division No. 5 so that releases can be effected in the most practicable way to fulfill the purposes of this augmentation plan. 14. Supplemental and Replacement Wells. In the event Applicant requires supplemental or replacement wells to provide an adequate water supply for those being supplied by the Battle- ment Mesa water system, the Court finds that such wells may be incorporated in the plan for augmentation subject to the same terms and conditions provided for in this decree; provided, how- ever, that Applicant obtains the requisite replacement or supple- mental well permit and a change of water right for any supple- mental well. 15. Stipulations. Applicant entered into stipulations with the State Engineer, Middle Park, Savage, the River District and Union, in which the parties agreed to the following: (a) The stream carriage charges imposed on the use of Applicant's Ruedi Reservoir contract water for augmentation pur- poses shall be fixed at a constant rate of 9.5% for the first 14 days of release after call initiation, and 0.4% for each day thereafter through termination of the augmentation release. (b) Releases of augmentation water from Wildcat Reser- voir, the Mesa Lakes, Monument Reservoir No. 3 and the Battlement Mesa Auyk.:entation Reservoir shall be subject to such stream carriage charges as may reasonably be imposed by the Division Engineer for Water Division No. 5. (c) On or before December 31 of each year during the period of the Court's retained jurisdiction, Applicant will pro- vide the State Engineer with monthly estimates of application rates for irrigation within the service area of the Battlement Mesa central water system (service area) during the previous irrigation season. In a typical year, such irrigation season shall extend from April 15 until October 31; provided, however, the actual irrigation season in any given year may be longer or shorter depending on conditions. Such estimates shall be made available to each of the various objectors upon request, and shall be based upon and shall itemize the following information: (1) Total monthly treated water, produced by the Battlement Mesa Treatment Plant both during the irrigation and non -irrigation seasons. (2) Monthly estimate of treated water applied for irrigation based on a comparison of the irrigation and non - irrigation season treatment plant amounts (the estimate -10- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 shall be calculated by subtracting the average monthly non - irrigation season treated amount from the average monthly irrigation season treated amount). (3) Monthly diversion records of any untreated water used for irrigation purposes. (4) Estimate of acreage irrigated within the Battlement Mesa service area. (5) The monthly consumptive use of irrigation water will be estimated using the Modified Blaney-Criddle method using the growth state coefficient curve for blue- grass for Denver attached hereto as Exhibit A. An addi- tional loss of 5 percent of the applied irrigation water will be assessed for spray evaporation losses. (6) A comparison on a monthly basis shall be made to determine if the amount of water applied for irrigation ascertained by adding the amounts calculated in paragraphs 15(c)(2) and 15(c)(3) above, exceeds by 20 percent the amount of water consumptively used as calculated in para- graph 15(c) (5) above. (d) The Applicant shall make the reporting set forth in paragraph 15(c) above regardless of the amount of out -of - priority diversions it is making, or in other words, regardless of whether it is still operating within the limits of the Plan for Augmentation decreed in Water Court Case Nos. 79CW350 and 351. Furthermore, regardless of the time of entry of a decree in this matter, the Applicant shall make a reporting required by paragraph 15(c) above for the 1983 irrigation season. (e) If in any given month during the period of re- tained jurisdiction the amount of water applied for irrigation each month does not equal or exceed 120 percent of the consump- tive use estimated in paragraph 15(c)(5), then any party may file a notice with the Court during said period of retained jurisdic- tion and set a hearing on the issue of the amount of return flow from irrigation within the service area and whether any injury results to other water rights. Unless the Court modifies the decree pursuant to its retained jurisdiction, the amount of irrigation return flow shall be calculated by multiplying the monthly estimate of treated water applied for irrigation speci- fied in paragraph 15(c)(2) above times 20 percent. This amount of water is assumed to reach the Colorado River thirty days after application, subject to the other provisions of this stipulation. (f) It is the intent of the parties to preserve their present position on the issues set forth in the pretrial order paragraphs 3 (a) , 3 (d) , 3 (e) , 3 (f) , 4 (a) , 4 (b) , and 4 (c) only insofar as they relate to the question of the extent and timing -11- of Battlement Mesa irrigation return flows. Therefore, in the event any party files a notice pursuant to paragraph 15(e) above, the issues specified above as set forth in the pretrial order as limited herein shall be litigated in the same manner and pro- cedure and with the same burdens as if they were litigated prior to any decree being entered in this case. It is not the intent of any party to waive any claim or defense or to shift any burden of proof on the issues set forth above by entering into this stipulation. Moreover, the consumptive use methodology employed in paragraph 15(c)(5) above shall have no precedential value in the event any party files a notice pursuant to paragraph 15(e) above. (g) The period of the Court's retained jurisdiction in connection with the above -captioned case shall be no less than 5 years from the date of entry of any decree in this case. (h) Any decree entered in this case shall contain the following or similar language: The stipulations between the Applicant and the various objectors are entered into on the basis of the facts of this case only, and are not controlling in any other case. Accordingly, the decree shall not by the operation of any of the doctrines of bar, merger, res judicata or col- lateral estoppel, prevent any party from litigating or contesting in another case any issue addressed in the stipulations between Applicant and the various objectors. (i) The objectors agree to inclusion of the above provisions or those more restrictive to the Applicant in a con- sent decree or ruling of referee. In addition, Applicant and Denver entered into a stipu- lation which differed from the above stipulations only insofar as Denver took the position that the State Engineer or his designated representative determines stream losses pursuant to C.R.S. 1973, § 37-83-101. Accordingly, paragraph 15(a) above was deleted from its stipulation with the Applicant. 16. Operation of Augmentation Plan. Since the operation of the subject plan for augmentation depends on a contemporaneous replacement of water to satisfy the actual depletions occasioned by any out -of -priority diversions, the Court finds that the Colorado River system will be made whole and that no injury to the water rights of others will be caused by operation of the plan for augmentation in accordance with this decree; provided, however, that this finding shall not limit the Court in making any subsequent revisions pursuant to paragraphs 19 and 20 below. 17. Out -of -Priority Diversions. On any day that a valid call upon the Augmented Water Rights exists, as determined by the Division Engineer for Water Division No. 5, the Applicant as a condition of this decree shall cause there to be made available to the Colorado River a full replacement of depletions associated -12- with any out -of -priority diversions from the Augmented Water Rights. Applicant shall be entitled to make such out -of -priority diversions, without curtailment for the benefit of more senior priorities, only when the sources of augmentation water iden- tified above are released to the Colorado River system in sat- isfaction of depletions determined in accordance with this aug- mentation plan. 18. Weekly Accounting. In order to assure that the vested water rights of others are protected from injury and to assure proper administration of this decree, whenever the Augmented Water Rights are diverting out -of -priority Applicant shall provide the following information to the Division Engineer by a weekly accounting: (a) The daily amount of water diverted from the Aug- mented Water Rights at the various alternate points of diversion; (b) A daily calculation of depletions in accordance with the depletion formula set forth in paragraph 12 above; and (c) The daily amount of water released from the reservoirs described in paragraphs 6 and 7 above to replace depletions. Applicant, upon written request, will provide objectors with copies of such weekly accounting, provided that the requesting objector shall reimburse Applicant for any copying and mailing costs reasonably incurred. In addition to the foregoing ac- counting, Applicant shall comply with the accounting requirements stipulated between the parties and more particularly described in paragraphs 15(c) and 15(d) above. 19. Retained Jurisdiction. In order to assure that the vested water rights of others are not injured by change of water rights provided for herein and or by implementation of this plan for augmentation, the Court retains jurisdiction in this matter and upon proper petition the Court will reconsider its approval of the changes of water rights and the plan for augmentation. In the event the Applicant or any person or party petitions the Court for reconsideration on any of the changes or elements of the plan, the Court shall order appropriate notice to be given to all the parties hereto. Such petition shall be made in good faith, under oath, and shall set forth with particularity the factual basis upon which the requested reconsideration is premised, together with proposed decretal language to effect the petition. The party lodging the petition shall have the burden of going forward to establish the prima facie facts alleged in the petition. If the Court finds those facts to be established, the Applicant shall thereupon bear the burden of proof to show (a) that any rc- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 modification sought by Applicant will avoid injury to other appropriators, or (b) that modification sought by any other party or person is not required to avoid injury to other appropriators, or (c) that any term or condition proposed by Applicant in response to the petition does avoid injury to other appropriators. In the event any party files a petition with regard to the question of the extent and timing of Battlement Mesa irrigation return flows, then the provisions of the parties' stipulations with regard to this issue, more particularly described in paragraphs 15(e) and 15(f) above, shall control. 20. Period of Retained Jurisdiction. The Court determines that a period of five years will suffice to determine whether injury is in fact precluded or needs to be further remedied. The five-year period of retained jurisdiction shall begin to run on the date of this decree. If no petition for reconsideration is filed within five years from the date of this decree, the re- tention of jurisdiction for this purpose shall automatically expire. It is therefore ORDERED, ADJUDGED and DECREED by the Court that (i) the application for conditional water rights for the Battlement Mesa Wells Nos. B4, B5, B6 and B7, more particularly described in paragraphs 4(d), 4(e), 4(f) and 4(g) above, and the application for change of water rights, more particularly de- scribed in paragraph 9 above, are hereby granted; and (ii) the plan for augmentation and stream carriage charges described herein are hereby approved, subject to the terms of the stipu- lations between the parties more particularly described in para- graph 15 above. It is further ORDERED, ADJUDGED and DECREED that well per- mits for the Battlement Mesa Wells Nos. B4, B5, B6 and B7 be issued by the office of the State Engineer, and that an appli- cation for qu drennial finding of rea onable diligence shall be ' filed in i±elr,iy-of 1987 and in ,��,,6f every fourth calendar year thereafter so long as the Applicant desires to maintain the conditional water rights decreed herein, or until a determination has been made that said conditional water rights have become absolute by reason of the completion of the respective appro- priations. It is accordingly ORDERED that this judgment and decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. 1973, § 37-92-304, as amended, and the provisions of paragraphs 19 and 20 above. It is further ORDERED that a copy of the judgment and decree -14- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPROVED AS TO FORM AND CONTENT: HOLME ROBERTS & OWEN enn E. Porzak`(#2793) Attorneys for Applicant Battlement Mesa, Inc. 1700 Broadway, Suite 1800 Denver, CO 80290 BAKER • D CAZIER L LStanle W. Cazier (#4648) Atto eys for Middle Park Water Conservancy District P. O. Box 588 Granby, CO 80446 WAYNE D. WILLIAMS (#4152) MICHAEL L. WALKER (#2828) HENRY C. TEIGEN (#5936) ANNE R. MCGEE (#9092) CASEY S. FUNK (#11638) S Attornejs` for City and County of Denver, acting by and through its Board of Water Commissioners 1600 West 12th Avenue Denver, CO 80254 7f./ W. Savage, Jr torneys for John P. O. Box 1926 Rifle, CO 81650 (#9946) . Savage -16- Donald H./ Hajnbur) General Courisel,.o 1 rado River Water Conservation District P. O. Box 1120 Glenwood Springs, CO 81602 FOR THE ATTORNEY GENERAL Je 1 J. a (#6:94) A. • -ys or e State Engineer A- - ant At •-ney General Natural Resources Section 1525 Sherman St., 3rd Floor Denver, CO 80202 MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. larles Woodruff/#2772) aures R. Montgomery (#10989 Attorneys for Union Oil Company of California P. O. Box 1440 Boulder, CO 80306 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r EXHIBIT A 5 0 Tr.; ••••• 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .Suncbiby uJ cow.: S'1'EWA 12'1' '1' I TI,E OF GLENWOOD SPRINGS J. E. Langford & Associates 743 Horizon Court - Suite 202 Grand Junction, CO 81506 RE: Mineral Owners - Burning Rock Order # 13358 TI Jim, 801 Colorado Avenue P.O. Box 430 Glenwood Springs, Colorado 81602 (303) 945-5434 March 11, 1986 Here follows a list of mineral Owners and addresses on Burning Rock property. Addresses were taken from documents of record. 1) Madeline M. Parkhurst Miles 2858 Elm Ave. Grand Junction, CO 81501 2) Kathryn B. Ross Troy G. Ross Route 1, Box 177 Coupland, Texas, 78615 3) William E. Bakke Julia A. Bakke 589 Elmire Street Aurora, CO 80010 4) Dema E. Smith 3815 South Utica Tulsa, Oklahoma 74104 5) James H. Smith, Jr. P.O. Box 58 Aspen, CO 81612 6) Pearl G. Sayre 5037 Navarro Street Los Angeles, CA 90032 7) Barbara Jean Juhan Hunter 530 Burton Drive Tucson, AZ 85704 8) Edward Nelson Juhan 7675 West, 14th Ave. Lakewood, CO 80215 9) Joseph Paul Juhan 1802 W. Grant, Suite 200 Tucson, AZ 85703 10) George H. Curfman, Jr. Hope Griswold Curfman Elsie Curfman 20 Elm Street Denver, CO 80220 11) Jane Curfman Gwyn James Gwyn 624 Locksley Place Webster Groves, MO 63119 12) Colorado National Bank of Denver, Testamentary Tr. of George H. Curfman, dec. Box 5168 T.A. Denver, CO 80217 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 13) Martha Curfman Stojanovich John Stojanovich 16880 Kennedy Road Los Gatos, CA 95030 14) Miki S. Gardner Box 1301 Glenwood Springs, CO 81602 15) Charles M. Sayre 1058 Warrington Deerfield, IL 60015 16) Vicki Sayre 4981 Rhoads Santa Barbara, CA 93111 17) Jennifer Sayre Hartman 409 Hazelwood Glenview, IL 60025 18) Roy Royalty, Inc. 200 Court Plaza Oklahoma City, OK 73102 19) Audrey S. Moore 1110 Barr Canyon City, CO 81212 20) Roy Jensen 1710 Poplar Drive Grand Junction, CO 81501 21) Irene P. Mahaffey Garris E. Mahaffey P.O. Box 235 Parachute, CO 81635 22) Eva M. Mahaffey Forrest C. Mahaffey 659 W. Redono Place NBU 4414 Green Valley, AZ 85614 23) Helen L. Collier 850 Krameria Denver, CO 80220 24) Edwin John Mahaffey 4306 S. Forrest Meadows Spokane, WA 99206 25) Vera Mahaffey Margaret Mahaffey Beckner Maureen Mahaffey Frederick Merrill D. Mahaffey 2029 N. 9th Grand Junction, CO 81501 26) The First National Bank in Grand Junction, N.A., Successor Tr. under the Last Will & Testament of Orville V. Mahaffey, dec. P.O. Box 608 Grand Junction, CO 81502 27) Exxon Corporation P.O. Box 2180 Houston, TX 77001 Truly, . L. H. s President American Land Title Association Commitment - Modified 10/73 IST► .. A➢ s'3t���S'_'����:�5:!?ee�?.s.7. �t��e.���e-.-�_e. o_e 1 i i 1 I 1 1 1 1 1 COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company, This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." STEWART TITLE Chairman of the Board GUARANTY COMPANY 7; (pP PO ,P4), • —*— FO $ sem'• 1908 ;o -, TfXAs ,u'''� '�'••amNBun� Serial No_ C-1601- 5 3 5 0 0 President 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RLH/db SCHEDULE A Order Number: 13358—G 1. Effective date: February 14, 1986 At 8:00 A.M. 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: TO BE DETERMINED B. ALTA Loan Policy Proposed Insured: C. Commitment Number: Amount of Insurance $ TBD SEARCH FEE Premium $500.00 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: BATTLEMENT MESA INC., A DELAWARE CORPORATION 4. The land referred to in this commitment is described as follows: BURNING ROCK SUBDIVISION A Part of The Battlement Mesa P.U.D. COUNTY OF GARFIELD STATE OF COLORADO Authorized Countersignature 1652 (20M 9/84) Page 2 STEW A u rii ,1` I '1` 1. E (:1'AIt ANTv ('(r]I PANY SCHEDULE B - Section 1 Order Number: 13 58 -G Commitment Number: Requirements The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. RECORDATION OF PROPERLY EXECUTED PLAT OF BURNING ROCK SUBDIVISION. 1653 (20M 6/85) STEWART TITLE Page 3 GUARANTY COMPANY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SCHEDULE B — Section 2 Exceptions Order Number:13 3 5 8 -G Commitment Number: The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes and assessments and any unredeemed tax sales. 7. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 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, as reserved in United States Patents recorded as follows: RECORDED BOOK/PAGE RECEPTION NO. September 18, 1906 56/559 32387 August 22, 1899 12/523 21948 September 19, 1908 73/10 35783 August 23, 1902 56/461 26945 June 9, 1913 73/65 47124 May 5, 1911 71/475 41850 June 6, 1893 12/236 16020 February 17, 1923 73/140 81888 October 6, 1902 56/462 27079 9. Right of way for ditches of the United States, as recorded as follows: RECORDED September 18, 1906 August 22, 1899 September 19, 1908 August 23, 1902 June 9, 1913 June 15, 1954 September 21, 1946 May 5, 1911 June 6, 1893 February 17, 1923 or canals constructed by the authority reserved in United States Patents BOOK/PAGE RECEPTION NO. 56/599 32387 12/523 21948 73/10 35783 56/461 26945 73/65 47125 277/78 186136 218/348 158528 71/475 41850 12/236 16020 73/140 81888 See Continuation Page Exceptions numbered are hereby omitted. Page 4 STEWART TITLE 1654 (20M 6/85) GUARANTY COMPANY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Order Number: 13358-G October 6, 1902 CONTINUATION SHEET SCHEDULE B -Section 2 56/462 27079 Commitment Number: 10. All uranium, thorium or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through its authorized agents or representatives at any time to enter upon the land and prospect for, mine and remove the same, pursuant to the provisions of the Act of August 1, 1946 (60 Stat. 755) as reserved in the Patent recorded June 15, 1954 in Book 277 at Page 78 as Reception No. 186136. 11. Right of way Easement being 15 feet in width as granted to Holy Cross Electric Association Inc., by James H. Smith Jr., in Document recorded October 19, 1971 in Book 423 at Page 521 as Reception No. 251434, in which the specific location is not defined. 12. Easement being 100 feet in width, as granted to Public Service Company of Colorado by Rea L. Eaton in Document recorded October 20, 1960 in Book 330 at Page 354 as Reception No. 211380. 13. Right of way as reserved by the Town of Grand Valley in Document recorded, September 13, 1911 in Book 83 at Page 516 as Reception No. 42601 which reads as follows: "The party of the first part hereby reserving a good and sufficient right of way to the so-called upper springs, for a pipe line and all other rights of way and reservoir sites which may at any time become necessary for the proper enlargement or improvement of the water works system which now supplies said Town of Grand Valley with water for fire and domestic purposes." And the Agreement between Rea L. Eaton and The Town of Grand Valley recorded May 11, 1961 in Book 334 at Page 79 as Reception No. 213715. 14. An Undivided one-half interest in and to all of the oil, gas and other minerals and mineral rights as reserved to Hallie Parkhurst in Warranty Deeds recorded July 27, 1957 in Book 302 at Page 200 as Reception No. 198564 and recorded September 14, 1950 in Book 252 at Page 492 as Reception No. 173469 and as vested in Madeline M. Parkhurst by Last Will and Testament of Hallie Parkhurst, recorded August 29, 1960 in Book 329 at Page 411 as Reception No. 210287, and any and all assignments thereof, or interests therein. See Continuation Page Pay�A 0055 (50M 5835) STEWART TITLE GUARANTY COMPANY 1 1 1 1 1 1 1 1 1 1 1 1 Order Number: 13358-G CONTINUATION SHEET SCHEDULE R -Section 2 Commitment Number: 15. An Undivided 355/710 landowners royalty interest in and to all of the oil, gas and other minerals in and under and that may be produced, together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas and other minerals, and storing, handling, transporting and marketing the same therefrom with the right to remove from said land all of the Grantee's property and improvements as conveyed from Hallie Parkhurst, Grantor to Joe T. Johan Grantee in Mineral Deed recorded October 13, 1943 in Book 208 at Page 440 as Reception No. 150104 and any and all assignments thereof, or interests therein. 16. An Undivided one-fourth interest in and to all of the oil, gas and other minerals and mineral rights as conveyed to James H. Smith, Jr., in Warranty Deed recorded July 27, 1957 in Book 302 at Page 200 as Reception No. 198564, and any and all assignments thereof, or interests therein. 17. An Undivided one-half interest of all oil, gas and other mineral rights as reserved to Elsie D. Curfman, her heirs and assigns in Warranty Deed recorded September 26, 1950 in Book 254 at Page 142 as Reception No. 173626 and any and all assignments thereof, or interests therein. 18. Reservation of oil, gas and other minerals in, under or that may be produced for subject property, as reserved to Exxon Corporation, a New Jersey Corporation, in Special Warranty Deed recorded April 9, 1981 in Book 569 at Page 301 as Reception No. 313722 and any and all assignments thereof or interests therein. 19. Reservation of oil, hydrocarbons Y and other minerals by James J. Smith Jr., and Diane Hartman Smith, in Warranty Deed recorded September 3, 1974 in Book 464 at Page 176 as Reception No. 264618 and any and all assignments thereof or interests therein. 20. Tracts of land conveyed to Public Service Company of Colorado by Deeds recorded May 25, 1961 in Book 334 at Page 242 as Reception No. 213846 and recorded June 6, 1961 in Book 334 at Page 324 as Reception No. 213952. 21. Statements and Maps for Ditches det. . ailed as follows. 1 1 1 DITCH FILING DATE RECEPTION NO. Dewitt July 6, 1901 24007 Enlargement of DeWitt February 6, 1902 25221 See Continuation Page Page4B 0055 (50M 5-85) STEWART TITLE GUARANTY COMPANY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTINUATION SHEET SCHEDULE B -Section 2 Order Number: 13358-G Milburn and Hewitt Hewitt and Milburn Revell Spring and Waste Water Huntley Huntley and Albright Sawin Enlargement of Huntley House Enlargement and Extension to the Wandering Jew April 2, 1887 August 8, 1887 September 1, 1897 August 6, 1887 June 29, 1885 March 27, 1893 Commitment Number: 4021 4988 20314 4967 1631 15514 June 3, 1910 39613 22. Strip of land 25 feet wide and 1503 feet long, more or less, within the SW SE', N1/2SE4 of Section 5, as conveyed to The Public Service Corporation by Warranty Deed recorded September 11, 1909 in Book 79 at Page 146 as Reception No. 37734. 23. Right-of-way for a Water pipeline being 3341.3 feet in length through the S'SWT of Section 5 and the NW1/2NW1/2 of Section 8 as conveyed to The Public Service Corporation by Warranty Deed, recorded August 25, 1909 in Book 79 at Page 124 as Reception No. 37658. (Said Right-of-way to not be fenced and with right of egress allowed at all times for construction, repair and maintenance, with reversion to H. L. Risetter, Grantor, in case of non-use) 24. Right-of-way for a Wagon Road 20 feet wide and a Waste Water Ditch and/or an irrigation ditch as reserved to Martin 0. House in Warranty Deed, recorded December 9, 1909 in Book 79 at Page 275 as Reception No. 38293 and as reserved to N. A. Wall in Warranty Deed recorded September 8, 1920 in Book 123 at Page 518 as Reception No. 72343. 25. A strip of land 30 feet wide off the South side of the NW4NW4 of Section 8, for use as a Public Highway as conveyed to the County Commissioners of Garfield County, by Warranty Deed recorded September 13, 1911 in Book 83 at Page 520 as Reception No. 42609. 26. Oil and Gas Lease between Madeline M. Parkhurst Miles, formerly known as Madeline M. Parkhurst, and as Madeline Parkhurst and Ralph W. Ball, recorded June 7, 1979 in Book 529 at Page 528 as Reception No. 294753, and any and all assignments thereof, or interests therein. 27. Oil and Gas Lease between Kathryn B. Ross and Troy G. Ross and Northwest Exploration Company recorded January 29, 1981 in Book 564 at Page 450 as Reception No. 311481 and amended by Document recorded May 1, 1981 in Book 570 at Page 626 as Reception No. See Continuation Page Page 4C 0055 (50M 5-85) STEWART TITLE GUARANTY COMPANY Order Number: 13358-G CONTINUATION SHEET SCHEDULE B -Section 2 Commitment Number: 314396 and any and all assignments thereof or interests therein. 28. Oil and Gas Lease between William E. Bakke and Julia A. Bakke and Northwest Exploration Company, recorded January 29, 1981 in Book 564 at Page 453 as Reception No. 311482, and amended by Document recorded May 1, 1981 in Book 570 at Page 634 as Reception No. 314398, and any and all assignments thereof, or interests therein. 29. Oil and Gas Lease between Dema E. Smith and Northwest Exploration Company, recorded January 29, 1981, in Book 564 at Page 456 as Reception No. 311483, and amended by Document recorded May 1, 1981 in Book 570 at Page 630 as Reception No. 314397, and any and all assignments thereof, or interests therein. 30. Oil and Gas Lease between James H. Smith, Jr. and Northwest Exploration Company, recorded February 5, 1981, in Book 564 at Page 885 as Reception No. 311701, and any and all assignments thereof, or interests therein. 31. Oil and Gas Lease between Pearl G. Sayre and Northwest Exploration Company, recorded February 17, 1981, in Book 565 at Page 547 as Reception No. 312009, and any and all assignments thereof, or interests therein. 32. Oil and Gas Lease between Barbara Jean Juhan Hunter aka Barbara Jean Hunter and Northwest Exploration Company recorded March 26, 1981 in Book 568 at Page 192 as Reception No. 313204 and any and all assignments thereof, or interests therein. 33. Oil and Gas Lease between Joseph Paul Juhan aka Joe P. Juhan and Northwest Exploration Company, recorded March 26, 1981, in Book 568 at Page 195 as Reception No. 313205, and any and all assignments thereof, or interests therein. 34. Oil and Gas Lease between Edward Nelson Juhan aka Edward N. Juhan and Northwest Exploration Company, recorded March 26, 1981 in Book 568 at Page 198 as Reception No. 313206, and any and all assignments thereof, or interests therein. 35. Oil and Gas Lease between George H. Curfman, Jr. and Hope Griswold Curfman and Elsie Curfman and Northwest Exploration Company, recorded February 17, 1980, in Book 565 at Page 537 as Reception No. 312005, and amended by Document recorded July 1, 1981 in Book 575 at Page 835 as Reception No. 316487, and any See Continuation Page page4D 0055 (50M 5-85) STLWART TITLE GUARANTY COMPANY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Order Number: Commitment Number: 13358-G CONTINUATION SHEET B -Section 2 SCHEDULE and all assignments thereof, or interests therein. 36. Oil and Gas Lease between Jane Curfman Gwyn And James Gwyn and Northwest Exploration Company, recorded February 17, 1981, in Book 565 at Page 539 as Reception No. 312006 and amended by Document recorded May 11, 1981 in Book 571 at Page 269 as Reception No. 314681, and any and all assignments thereof, or interests therein. 37. Oil and Gas Lease between Colorado National Bank of Denver, Testamentary Trustee of the Estate of George H. Curfman, deceased and Northwest Exploration Company, recorded February 17, 1981, in Book 565 at Page 542 as Reception No. 312007, and amended by Document recorded May 11, 1981 in Book 571 at Page 265 as Reception No. 314680, and any and all assignments thereof, or interests therein. 38. Oil and Gas Lease between Martha Curfman Stojanovich and John Stojanovich and Northwest Exploration Company, recorded February 17, 1981, in Book 565 at Page 545 as Reception No. 312008 and amended by Document recorded July 1, 1981 in Book 575 at Page 838 as Reception No. 316488, and any and all assignments thereof, or interests therein. 39. Oil and Gas Lease between Miki S. Gardner and Northwest Exploration Company, recorded February 1, 1982 in Book 591 at Page 987 as Reception No. 324280, and any and all assignments thereof, or interests therein. 40. Oil and Gas Lease between Charles M. Sayre and Northwest Exploration Company, recorded February 1, 1982, in Book 591 at Page 990 as Reception No. 324281, and any and all assignments thereof, or interests therein. 41. Oil and Gas Lease between Vicki Sayre and Northwest Exploration Company, recorded February 1, 1982, in Book 591 at Page 993 as Reception No. 324282, and any and all assignments thereof, or interests therein. 42. Oil and Gas Lease between Jenifer Sayre Hartman and Northwest Exploration Company„ recorded February 24, 1982 in Book 593 at Page 441 as Reception No. 325017, and any and all assignments thereof, or interests therein. 43. Oil and Gas Lease between Roy Royalty, Inc., and Northwest Exploration Company, recorded March 8, 1982, in Book 594 at See Continuation Page Page 4E 0055 (50M 5-85) STEWART TITLE GUARANTY COMPANY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Order Number: 13358-G CONTINUATION SHEET SCHEDULE B -Section 2 Commitment Number: Page 149 as Reception No. 325384, and any and all assignments thereof, or interests therein. 44. Battlement Mesa Pumping Plant., Pipeline and Ditches filed Febraury 23, 1962 as Document No. 216670 and as shown on Map J-66 in the Office of the Clerk and Recorder of Garfield County. 45. Oil and Gas Lease between William E. Bakke and Julia A. Bakke and Northwest Exploration Company recorded January 29, 1981 in Book 564 at Page 453 as Reception No. 311482, and amended by instrument recorded May 1, 1981 in Book 570 at Page 634 as Reception No. 314398, and any and all assignments thereof, or interests therein. 46. Oil and Gas Lease between Dema E. Smith and Northwest Exploration Company, recorded January 29, 1981, in Book 564 at Page 456 as Reception No. 311483, and amended by instrument recorded May 1, 1981 in Book 570 at Page 630 as Reception No. 314397, and any and all assignments thereof, or interests therein. 47. Oil and Gas Lease between James H. Smith, Jr. and Northwest Exploration Company recorded February 5, 1981 in Book 564 at Page 885 as Reception No. 311701, and any and all assignments thereof, or interests therein. 48. 100 foot Easement as conveyed to Public Service Company in instrument recorded October 20, 1960 in Book 330 at Page 354 as Document No. 211380. 49. Undivided one-half interest in all oil, gas and other minerals as reserved to Mary B. Bailey in Warranty Deed recorded July 9, 1947 in Book 227 at Page 283 as Reception No. 161612, and any and all assignments thereof, or interests therein. 50. Oil and Gas Lease between Earl C. Moore and Audrey S. Moore and Northwest Exploration Company, recorded January 29, 1981, in Book 564 at Page 500 as Reception No. 311501, and any and all assignments thereof, or interests therein. 51. Undivided one-quarter interest in all oil, gas and other minerals as conveyed to, Earl C. Moore and Audrey S. Moore in Quit Claim Deed, recorded June 29, 1955 in Book 285 at Page 358 as Reception No. 190320, and any and all assignments thereof, or interests therein. See Continuation Page Page4F 0055 (50M 5-85) STEWART TITLE GUARANTY COMPANY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Order Number: 13358-G 52 Oil and Gas Lease between Company, recorded January Reception No. 311502, and interests therein. CONTINUATION SHEET SCHEDULE B -Section 2 Roy 29, r any Commitment Number: Jensen and Northwest Exploration 1981, in Book 564 at Page 503 as and all assignments thereof, or 53 Undivided one-half interest in all oil, gas and other hydrocarbons and minerals as reserved by Clara E. Mahaffey in the Deed to Orville V. Mahaffey recorded August 17, 1946 in Book 219 at Page 551 as Reception No. 158254, and any and all assignments thereof, or interests therein. 54. Oil and Gas Lease between Irene P. Mahaffey and Garris E. Mahaffey and Northwest Exploration Company, recorded February 5, 1981, in Book 564 at Page 918 as Reception No. 311714 as amended by Reception No. 313497, and any and all assignments thereof, or interests therein. 55. Oil and Gas Lease between Eva M. Mahaffey and Forrest. C. Mahaffey and Northwest Exploration Company, recorded February 5, 1981 in Book 564 at Page 921 as Reception No. 311715, as amended by Reception No. 313498, and any and all assignments thereof, or interests therein. 56. Right of way for Eaton Springs Ditch. 57. Undivided one-half interest in all oil, gas and other minerals as reserved by Edward A. Collier in Warranty Deed recorded January 30, 1958 in Book 306 at Page 458 as Reception No. 200484 and any and all assignments thereof or interests therein. 58. Oil, Gas and Mineral Lease between Mrs. Helen L. Collier and Jack J. Grynberg, recorded March 8, 1980 in Book 544 at Page 920 as Reception No. 302181 and any and all assignments thereof, or interest therein. 59. All minerals and mineral rights not previously reserved as reserved by Exxon Corporation in Document recorded April 9, 1981 in Book 569 at Page 301 as Reception No. 313722. 60. Undivided one-half interest in all oil, gas and other mineral rights, as reserved by Mary B. Bailey in the Deed to Earl C. Moore and Audrey S. Moore recorded July 9, 1947 in Book 227 at Page 283 as Reception No. 161612 by the terms of the Will of Mary B. Bailey recorded September 5, 1978 in Book 515 at Page 35 as Reception No. 288193, Roy Jensen was the named devisee of all mineral rights of the testatrix, and any and all assignments thereof, or interest See Continuation Page Page 4G 0055 (50M 5-85) STEWA.IZT TITLE GUARANTY COMPANY Order Number: 1 therein. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTINUATION SHEET SCHEDULE 8—Section 2 13358-G Commitment Number: 61. Undivided one-fourth interest in ail oil, gas and other mineral rights, as conveyed by Rae L. Eaton to Earl C. Moore and Audrey S. Moore in the Deed recorded June 29, 1955 in Book 285 at Page 358 as Reception No. 190320 and any and all assignments thereof, or interests therein. 62. Rights-of-way for the Eaton Pipelines as set forth in instrument filed March 7, 1961 as Documetn No. 212993, as amended by Document No. 212994 and as set forth in Decree's, recorded October 4, 1966 in Book 379 at Page 281 as Reception No. 236103, and in Book 379 at Page 282 as Reception No. 236104. 63. Western Slope Gas Company right-of-way easement recorded November 29, 1962 in Book 345 at Page 493 as Reception No. 219573. 64. Battlement Mesa Pumping Plant, Pipeline and Ditches filed February 23, 1962 as Document No. 216670 and as shown on Map J-66 in the office of the Clerk and Recorder of Garfield County. 65. Statement and Map for the Cedar Ridge Ditch filed April 26, 1888 as Document No. 6860 and The Doby Ditch and First Enlargement of The Cedar Ridge Ditch filed June 5, 1894 as Document No. 17365. 66. All Mineral and Mineral rights not previously reserved as conveyed to Exxon Corporation by Tosco Corporation by Deed recorded June 22, 1982 in Book 601 at Page 658 as Reception No. 328724. 67. The following Oil and Gas Leases granted to Barrett Energy Company, and any and all assignments thereof, or interests therein, are recorded as follows: GRANTOR RECORDED BOOK/PAGE RECEPTION NO. Martha Curfman Stojanovich 7/24/85 672/822 363612 and John Stojanovich George H. Curfman, Jr. and Hope Griswold Curfman 7/24/85 672/825 363613 E. Louise Curfman, a/k/a Elsie Louise Curfman 7/24/85 672/828 363614 George H. Curfman, Jr. and Hope Griswold Curfman 9/5/85 674/977 364708 Colorado National Bank of Denver 9/6/85 675/43 364738 Jane Curfman Gwyn & James Gwyn 9/9/85 675/135 364779 Garris E. Mahaffey 9/13/85 675/494 364958 Forrest Mahaffey, et al 9/19/85 675/671 365061 See Continuation Page Page 4H 0055 (50M 5-85) STEWART TITLE GUARANTY COMPANY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTINUATION SHEET SCHEDULE 8 -Section 2 Order Number: 13358-G Edwin John Mahaffey re-recorded Vera Mahaffey, et al Donna Joyce Mahaffey Dema E. Smith Dema E. Smith The First National Bank in Grand Junction N.A., Trustee for Alice Louise Mahaffey The First Nation Bank in Grand Junction, N.A., et al Earl C. Moore & Audrey S. Moore 9/27/85 11/15/85 10/4/85 11/13/85 11/15/85 11/15/85 12/23/85 12/23/85 9/9/85 676/252 678/928 676/736 678/700 678/890 678/893 680/915 680/930 675/157 Commitment Number: 365273 366587 365499 366491 366574 366575 367602 367607 364788 68. Easement, Rights of way and Restrictions which may appear on the Burning Rock Subdivision Plat, when same is recorded. Page _ 4I 0055 {50M 5-85) STEWART TITLE GUARANTY COMPANY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect lien encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. STE`VART 'i"I'1`hi] GUARANTY COMPANY Page 5 1 1 1 1 COLORADO LAUD SURVEY MONUMEI1T RORD All items to be filled in by the Land Surveyor using black ink or typewriter. (Except)' TYPE OF MONUMENT 0 Section Corner J Bench mark (Check one) El Quarter Corner Other 2. DESCRIPTION OF EVIDENCE FOUND, AND ORIGINAI, RECORD CALL, IF KNOWN 5• Q trys D Tor AUo -STo, rvlo0..2 A, Dc.,c-E.1 r21.Cb Int C Lc, NoT,,s 3, DESCRIPTION OF MONUMENT AND/OR ACCESSORIES ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT. GIVE YOUR ESTIMATE OF POSITIONAL TOLERANCE IF NOT ORIGINAL, UNDISTURBED MONUMENT. Date of Field Work 9-7L Ze taAt_ w„N CAP U 82 w 33.9 R6 Bh C w TH CAp N 800 H 27. 1' eE e,A2 WVTN CA P !J IB° Gi 11 t_: 2EP.AR vs./.T4 c.4P S 5. E 3J.L Frio.., yh c-orc. Flom :Gprn /4 Gott. FRo'' )i4 CoR. 3 TaN6 APPEAR. io iSE oQigro..rnC UN17)1�TuR PJ6D 1."o..10rv\FN'T. 1 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT AND REFERENCE POINTS. i� SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. 1 j n/u re: 4,41'6 11 V N\� 1 1 1 1 1 1 1 1 1 1 1 5. 6. 17.1 0' e 4e5 QGgA•2 CIP CERTIFICATION 415� ' "Bc4" This is to certify that 1 was in responsible charge of the surveying work described in this record and that to the :,est of my knowledge the information presented herein is true and correct. "Signature V (J" Reg. No. /O 36' Date /7 — t 2 - 73 LOCATION DIAGRAM 1 -- i --- — -f- ---- 'SCALE N •1' = 1/2 Mile O = Location of Monument 1. SEC._Z T ?3 , R QS P/ Z` -L P.M. 1S. 9. COUNTY OR COUNTIES 64•FF1r: LD Surveyor's Seal .1 81y JG�i DECiF T i r t:OVED BOARD OF REGISTRATION, l?l�\ �o INDEX REFERENCE NO 3 -V —' 1,1t4Pialk,.AL ENGINEERS ,>5 !Nn fu,rr•r.;::::: s w, pv \STE'?£6 10380 Rv�4C OF CO'-' `(Do not fill in) Accepted for Filing State Board of Registration for Professional EngineerZid Land Surveyors: By Date -7r RECEIVED AT OFFICE OF THE COUNTY CLERK; G4PF- f c' _ DCOUNTY --'�— 1 By ;..t �L•�, �r (^ Date xuu 1?,// Record to be filed by Index Reference Number, numerically, then alphahetrcally, under appro- priate Township, Rank, and Meridian, rr,J1J4.J. 1111 5,...n,.,, Sn..r, Denver, C°r°r.•So 70107 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LS -12 R1 Revised 1982 COLORADO LAND SURVEY MONUMENT RECORD REPORT ONE MONUMENT ONLY ON THIS FORM REPRODUCTION OF THIS FORM IS AUTHORIZED. All items to be filled in by the Land Surveyor using permanent black lettering and lines which can be reproduced. 1. TYPE OF MONUMENT ® El Section Corner D 13cnch mark (Check one) ✓� Quarter Corner El Other (Except)' 2. DESCRIPTION OF MONUMENT FOUND DonC Prev,ous monuMer des><��cr/ by cons/r,cj,vr1. / / A9e•es/a6/s/c'r/ <4' ccor0 /9 a fes y•-/ c_•• L3,-/, di/. /7%csa eory,i-o/ /77,10, 3. DESCRIPTION OF MUNUN1Lt T ESCAIILISI IED BY Y011 TO PERPETUATE THE LOCATION 01' 'FIIIS POINT. Scf C3' i7 erg et//o,.n . 7)7c•qui)rep ® eh r're /c crK " on opera -11,j no, on Ar d ra,,4 ® cA,'re/e,/ 'x"oma coAcrele Acre o/ </ec/r,'c t<ra nrl vim. c Q3 sti Px na%l /oo Lar E o/ curd 4. SKETCUI SHOWING RELATIVE. LOCATION OF MONUMENT ACCESSORIES ANI) REFERENCE POINTS STATING WHETHER FOUND OR SET. SHOW SUPPORTING AND/OR CONTRADICCOICY EVIDENCE WHERE APPLICABLE. -- nu/ on {tydre..f-cAireiel rk "on AU+ IIt CA i'S'elyd ‘.)t' "On Conc. base or elec. i•ranrlor,nQr' ryr'ilow Creek V;l(ajc co 5.ecioe, nC vr iZc ak N6 ,9„2/v oa.. Ck/ Berns/en RIu" • break-a.•/ay /RUnv.ncnit w/,haQ nci;c bare slo aped ar shown T7S' R9SW s7 S 8 �4 LS' /84 480 a t. PKna%I ,n lop back Curb ,,,i‘0 ( Green Mere. Place Dale of Field work D333•84 5. CERTIFICATION This is to certify that I was in responsible charge of the surveying work described in this record and that to the best of my knowledge the information presented herein is true and correct. Date %7�"�—� a? o , / 9 94 '(Do not fill in) Accepted (or Filing State Board of Registration for Professional Engineers and Land Surveyors: 13y Date RECEIVED AT OFFICE OF THE COUNTY CLERK; COUNTY Signature -e-..--.--, +--i 4 $ o -d>< o-,.. ,;--o-.`. G. LOCATION DIAC;RAb1/., \`\\\ttgtuulur /o 1"= 1 Mile \\ sC0Tr riri 0 rr c,.•9=- PRQFF•Y,p,0 :. N I :w '18480 i r - By Date Record to be filed by Index Reference Number, numerically, then alphabetically, under appro- priate Township, Range, and Meridian. Cr4•ro4tg••10 44 4! ,R•'r,�+r A e• nr �. • paarisMA! r.NztNrr's • = LrrcatIOU of Monument rt � . ' ar v�-��sulrh;% Q,Q` A�JJOrFIItIC11O - Surveyor's Seal 7. SEC'. 7T%?R .95�/ , _G /4 P.M. CUtiNTY.dar0e/Cl( INDEX REF. NO.3'R 8. SEC. .__, •I' _ R _ COUNTY._—._ INDEX Rl:l:. NO n P.M. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LS -12 R1 Revised 1982 COLORADO LAND SURVEY MONUMENT RECORD REPORT ONE MONUMENT ONLY ON THIS FORM REPRODUCTION OF THIS FORM IS AUTHORIZED. All items to be filled in by the Land Surveyor using permanent black lettering and lines which can be reproduced. (Except)* 1. TYPE OF MONUMENT 00. Ej Section Corner D Bench mark (Check one) Vg Quarter Corner Other 2. DESCRIPTION OF MONUMENT FOUND Found Lova Bou/der d."x6"E9") 9' OU/ u/'J prourtd, wiY' >vu, nolcAer on � Lound ,;. mound 0, Li id cr. 01 Found 'k " inorAed bou/de. 20 Found nal In /2" Cedar, /r ce OFOund Po,/ioac/ sp•,(e , i dau/de.- 3. DESCRIPTION OF MONUMENT ESTABLISIIED BY YOU TO 1'I'iI:PIiTUATI: TUF LOCATION OF THIS POINT. 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET. SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. FND. 6'x649" 4Av4 Gur Dc2 Date of Field Work .10 iy_1Z,_11,2 5. CERTIFICATION This is to certify that I was in responsible charge of the surveying work described in this record and that to the best of niy knowledge the information presented herein is true at correct. Date *(Do not fill in) Accepted for Filing State Board of Registration for Professional Engineers and Land Surveyors: By Date RECEIVED AT OFFICE OF THE COUNTY CLERK; COUNTY Siggiia fire (. LOCATION DIAGRAM By Date Record to be filed by Index Reference Number, numerically, then alphabetically, under appro- priate Township, Range, and Meridian. — -f I" = 1 Mile 8 • = Location of Monument (V Surveyor's Seal 7. SLC._8__ T 1_S It .95W , e PM COUN'T'Y 64.ef7E! O INDEX REF. NO `1-T 8. SEC. 1' It PM COUNTY INDEX REF. NO ap•,nn.Nr,a in.0 ;i:1:9,r �.,..��,.. TrfsfPoweid. cxctmect1.i A.+'1) S!':::'.i: &A:Ir; gn..t.rosis tioAHD. PRI!' S.a.• ..rr. it*. .ii. ._.. ........... .....vt. .. .. .. ..01r.u41.! 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 13-12 R1 Revised 1932 1. COLORADO LAND SURVEY MONUMENT RECORD REPORT ONE MONUMENT ONLY ON THIS FORM REPRODUCTION OF THIS FORM IS AUTHORIZED. All items to be filled in by the Land Surveyor using permanent black lettering and lines which can be reproduced. (Except)* TYPE OF MONUMENT 2 Section Corner 0 Bench marl( (Check one) Quarter Corner Other 2. DESCRIPTION OF MONUMENT FOUND 3. DESCRIPTION OF MONUMENT ESTABLISHED BY Y0LI TO PERPETUATE '1.111'. LOCATION OP TINS POINT. SET BRASS CAP IN CONCRETE APPROX, 11 FROM EDGE OF PAN STAMPED SEC. Co R. 71a T_7S R95W CHISELED X' ON TOP of CuWB N.W. 13.95' CHISELEIYX" oN Top or CuRl3 3 9.46' CHISELED'X"oN TOP ot= CvRO ALE 4• SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET. SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. 3AT(LEMENT :REEK `ILLAGE 2 LoT BLOCK I SET BRASS CAP MI CONCRETE STAMPED SEC. Col, 615 718 FAIRWAY DRIVE N Date of Field Work .JULY 12, 19 8 2 5. CERTIFICATION This is to certify that 1 was in responsible charge of the surveying work described in this record and that to the best of my knowledge the information presented herein is true yid correct. Date '(Do not fill in) Accepted for Filing State Board of Registration for Professional Engineers and Land Surveyors: Signa}Etre By Date RECEIVED AT OFFICE OF THE COUNTY CLERK; COUNTY By Date Record to be filed by Index Reference Number, numerically, then alphabetically, under appro- priate Township, Range, and Mcridi:,n, 6. LOCATION DIAGRAM 1"= 1 Mile • = Location of -. `.I "" ' l ' e ,s E. Ho( g s4 NLAso i °~9 or Goy. Surveyor's Seal 113851 7. SEC. 8 T 7S , R 9.5W, 619 PM COUNTYG4REIEL11INDEX REF. NO 5-V B. SIi(. •I• , R P.M. COUNTY INDEX REF. NO p,* tm,.•r o1 R.estnerr / c.r+r+.. u p PROrr. s OVAL CuCu[Ci+;r nrrr, .. $f; :": ::1':�i5 ..•Ali!!. 96118 6+91. S ... .... 6..;... COLORA00 LAND SURVEY MONUMENT fI)RD MI Items to be filled In by the Land Surveyor using block ink or typewriter. (Except)• • 1. TYPE OF MODUTIENT (Check one) • 0 Section Corner 0 Bench mark Quarter Corner LJ Other 1. DESCRIPTION OF EVIDENCE FOUND, AND ORIGINAL RECORD CALL, W KNOWN FOrc/vd 3. DESCRIPTION OF MONUMENT AND/OR ACCESSORIES ESTADLISIIEI) By you TO PERPETUATE THE LOCATION or THIS POINT. GIVE YOUR ESTIMATE OF POSITIONAL TOLERANCE IF NOT ORIGINAL, UNDISTURBED MONUMENT. Date of Field Work 7— 2 2 3 ,VV GssnC1G S 5GT SKETCH SHOWING RELATIVE LOCATION OF MONUMENT AND REFERENCE POINTS. SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. C - 1.3 , c r.0 c ath FIt'fl1. 5 ro yvt- CERTIFICATION ' This is to certify thnt I was in responsible charge of the surveying vrork described in this record and that to tha best of my knowledge the information pr'sented herein is true and correct. � s r � F - tti9 e- '..Signature / ;,r.vl.((:/ ✓ti/ ---6-1..r.. . , . Reg. No. /2, 770 pace __L2 J 7 �3�3� 123456 — � fir•. `� �. 6 LOCATION DIAGRAM /_1\")i-1 1 %r^!lr , dip, , 1 L- T. ° r1,;. D ti' i. I N 9c)6!JI L\( - — -1— — SCALE 1" = 1/2 Niilc © = Location of Monument T. SEC S T 25, , R.%,i • rnrrnrry nn rntru•rrr. c r Gr F L n • . 9• ' INDEX REFERENCE t;O - X Surveyor's SC31 t"I I. n,,,,, �• •(Do not fill in) Accepted for Filing State Board of Registration for Professional Engineers. and LandSurveyors:13y 1, • 7. Date ' `- f '% RECEIVED AT OFFICE OF TIIE COUNTY CLER fly COUNT 'J're Rccurd to be filed by Lalc Putr•rwrrc I:u nbcr, nernrrricully, tht•n ;r!phabtrn:al!v, ur.drr ,rpprn. prints Township, I:ani,•, and 'I.;etidrarn. PN Oi.s,11 lN4.6 trawR :$! .1n0 r_r rru suabB; - V0.<rir,, ra 1,.,, .. r.. u.,udr„�. „r, s,..,m.,, sr..., 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LS URI JULY 1, 1;70 COLORADO LAND SURVEY MONUMENT RECORD REPORT ONE MONUMENT ONLY ON THIS FORM All items to lie full,! in by the 1..11111 Sunrtur using black ink n! Ippcwnll r. (1:accpi)• TYPE OF NIONUNIENT Ja Section Coulee 0 !knelt mark (Check one) r‘hI,rler Curner 0 Other r UL111 NU, /13 .71 2. DESCRIPTION OV EVIDENCE FOUND, AND ORIGINAL I2EC0121.) CALL, IF KNOWN — NONE FOUND — 3, DESCRIPTION OF NIONUJII•:N•r AND/OR ACCT•:SSnRII:s 1S'I•AI3LISI1i:1) I3Y YOU 'I.0 PERPETUATE TIIE LOCATION OF 'I•IIIS POINT. GIVE YOUR ESTIMATE OF POSITIONAL TOLERANCE IF NOT ORIGINAL, UNDISTURBED MONUMENT. Date of Field Work I2-'3 - 81 SET 2" I. D. STEEL PIPE W/ 3 BRASS CAP IN CONCRETE at ABOVE GROUND. STONE. CAi - 3 K 3'Y. 1 1 -11G1 -I AROUND 6QASS CAP. 4. SKETCII SIIOWING RELATIVE LOCATION OF MONUMENT AND REFERENCE POINTS. SIIOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WIIERE APPLICABLE. • 4.5 Rebt.R Above GRnu,4o pFMA4OL 3S REt3AR OZ p° AGM GRou.ro • 45 REB/.R W/CMP Gid 12110 5. CERTIFICATION This is to certify that I was in responsible charge of the surveying work described in this record and that to the best of my knowledge the information presented herein is true and correct. STOIJE CA1RH 3'x3' 0.1'1110i-1 445 REeAR OL MOVE GanrwD UNIMPRcNED DIRT RAAD TTS;R95W 57 1 S8 SIB �SI7 (A 19 I 12' LS \\ Surveyor's Seal '(Do not fill in) Accepted (or Filing Swlc Ilo;rd of Rr•gislr.Ilinn for Professional Engineers and Land Surveyors: Dy Dale 121•:CEIVI:l) AT OFFICI•: or 1 1; COUN•rY CLERK; COUNTY By Date Rcr•nrd to he filed by Indus Reference Number, numerically, Ihcn alphabetically, under appro- priate 'Township, R;,nuc, ;Ind Meridian. Signature 6. A :el I / 4 t.� Reg. No /� 7 7 0 D•1te LOCATION DIAGRAM S7 518 58 SCALE NJ A I" = 1 Mile • = Location of NI (moment 1. SEC.1Z, T2 5._. , I2 95 W 8. COUNTY _GARFIELDINDEX PEE. N0.5.R COUNTYINDEX REF. NO ..•l,,..,•r, ra ,.r )r.•C.,lnl,.r)• A,.. n. l.•. 'Nbf 1CSSIU.1•.t I. rano 1.' 1. rats ANL) LAN!) SARI 1 nnMRD. lul $,.1,. S.•.r e,r rr rr,..ldn,y, ,>:> >,,,•.,,,.., 2,,, . u,.,,.,.,. C,.ror..du /u101 All Reins to 1... fill, .1 ist v 111.. 1...,t,1 Si. 1,1.., 1. :,,1 (1 NI 1. Tr1)1:: NION11.:41.:1C1. 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BOX 60201 GRAND JUNCTION, COLORADO 81506 May 01, 1986 Glenn Hartmann Garfield County Planner Garfield County Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Burning Rock Subdivision (Golf Course) JEL Job No. 8003-062 Dear Glenn: • TELEPHONE (303) 243-4148 Please find attached the mineral rights notice and vicinity map sent "Certified, Return Receipt Requested" to each of the owners listed in our final plat package. Our drill site map was checked to see if there were any previously agreed upon sites for oil or gas wells. Several have been noted scattered throughout both parcels associated with this plat, therefore the standard note Chuck Stoddard normally requests has been placed on the plat. Respectfully, James E. Langford enclosure cc Bill Wilde w/encl. SEL/11b MAY 2 1986 GARFIELD COUNTY • • MINERAL RIGHTS NOTICE Garfield County Commissioners May 01, 1986 As a mineral rights owner of record, please take Notice that Battlement Mesa, Inc. has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Final Plat approval in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: BURNING ROCK SUBDIVISION BLOCK 1 A parcel of land containing 89.10 acres more or less and situated in the southwest quarter and the west half of the southeast quarter. of Section 5, the east half of the southeast quarter of Section 6, the east half of the northeast quarter of Section 7, and the northwest quarter of the northwest quarter of Section 8, all in Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado and being more particularly described as follows: Commencing, as a point of reference, at the section corner common to said Sections 5,6,7 and 8, being a brass cap set in concrete in a paved road, from whence the east quarter corner of said Section 7, being a lava stone, bears S00°45'25"E 2670.52 feet with all bearings contained herein relative thereto; Thence N76016111"E 2946.89 feet to the northeast corner of BATTLEMENT CREEK VILLAGE, SECTION ONE, a plat recorded in the Garfield County Clerk and Recorder's Office (Reception No. 321539), said point the POINT OF BEGINNING; Thence along the boundary of said subdivision the following eight (8) courses: 1) N83°58'12"W 825.00 feet; 2) S17°28'09"W 262.76 feet; 3) S66°33'48"W 1567.89 feet; 4) S07°21'22"E 131.72 feet; 5) Along a curve to the left, having a radius of 685.00 feet, a central angle of 27°15'44", and a chord bearing S69°00'46"W 322.87 feet; 6) Along a curve to the right, having a radius of 20.00 feet, a central angle of 91°35'40", and a chord bearing N78°49'16"W 28.68 feet; 7) N33°01'26"W 162.10 feet; 8) Along a curve to the right, having a radius of 425.00 feet, a central angle of 2°32'56" and a chord bearing N31°44'58"W 18.90 feet to a point on the boundary of BATTLEMENT CREEK VILLAGE, SECTION TWO, a plat recorded in the Garfield County Clerk and Recorder's Office (Reception No. 321535 & 326396); Thence along said boundary the following forty-five (45) courses: 1) Continuing along a curve to the right, having a radius of 42.5.00 feet, a central angle of 13°17'32", and a chord bearing N23°49'44"W 98.38 feet; 1/5 2) N17°10'59"W 2500 feet; 3) Along a curve to the left, having of 09°22'24", and a chord bearing 4) N56°41'05"E 280.40 feet; 5) N68°36'18"E 338.52 feet; 6) NO2°43'46"E 133.84 feet; 7) Along a non -tangent curve to the central angle of 22°56'35" and a 8) Along a curve to the left, having of 17°53'26", and a chord bearing 9) S38°06'14"E 98.79 feet; 10) N82°44'25"E 481.35 feet; 11) N 25°15'51"E 120.00 feet; 12) N47°22'57"W 40.00 feet; 13) Along a non -tangent curve to the central angle of 101°38'02" and a N30°59'00"E 50.00 feet; N46°58'18"W 218.00 feet; N60°53'45"W 466.53 feet; S87°04'17"W 381.50 feet; S59°52'43"W 165.22 feet; S25°49'07"E 108.62 feet; 14) 15) 16) 17) 18) 19) 20) Along a non -tangent curve to the left, having a radius of 400.00 feet, a central angle of 44°55'05", and a chord bearing S64°36'45"W 305.62 feet; 21) N47°50'48"W 74.48 feet; 22) S58°04'14"W 454.44 feet; 23) S41°34'28"W 67.85 feet; 24) S48°25'32"E 109.10 feet; 25) Along a non -tangent curve to the left, having a radius of 50.00 feet, a central angle of 60°26'53", and a chord bearing S34°55'43"W 50.34 feet; 26) N48°25'32"W 114.92 feet; 27) S41°34'28"W 385.63 feet; 28) S48°25'32"E 106.80 feet; 29) Along a non -tangent curve to the left, having a radius of 50.00 feet, a central angle of 60°00'00", and a chord bearing S41°34'28"W 50.00 feet; 30) N48°25'32"W 106.80 feet; 31) S41°34'28"W 196.83 feet; 32) S17°43'52"W 191.02 feet; 33) S72°16'08"E 82.22 feet; 34) Along a non -tangent curve to the left, having a radius of 50.00 feet, a central angle of 61°53'05", and a chord bearing S31°12'57"W 51.42 feet; 35) N72°16'08"W 70.23 feet; 36) S17°43'52"W 221.32 feet; 37) S50°33'26"E 147.03 feet; 38) N56°20'52"E 708.57 feet; 39) N2.6°49'58"W 132.09 feet; 40) Along a non -tangent curve to the left, having a radius of 645.00 feet, a central angle of 04°58'38", and a chord bearing N60°40'43"E 56.01 feet; a radius of 525.00 feet, a central angle N21°52'11"W 85.79 feet; left, having a radius of 775.00 feet, a chord bearing N81°15'29"E 308.26 feet; a radius of 525.00 feet, a central angle N60°50'29"E 163.27 feet; left, having a radius of 50.00 feet, a chord bearing N08°11'58"W 77.51 feet; 2/5 • • 41) Along a curve to the right, having a radius of 20.00 feet, a central angle of 86°07'12", and a chord bearing S78°45'01"E 27.31 feet; 42) S35°41'25"E 30.90 feet; 43) Along a curve to the right, having a radius of 475.00 feet, a central angle of 18°30'26", and a chord bearing S26°26'12"E 152.77 feet; 44) S17°10'59"E 25.00 feet; 45) Along a curve to the left, having a radius of 475.00 feet, a central angle of 13°17'32", and a chord bearing S23°49'44"E 109.95 feet to a point on the boundary of aforementioned BATTLEMENT CREEK VILLAGE, SECTION ONE; Thence along said boundary the following nine (9) courses: 1) S46°13'35"W 699.65 feet; 2) S20°49'23"W 90.00 feet; 3) S45°22'44"E 120.00 feet; 4) Along a non -tangent curve to the left, having a radius of 371.00 feet, a central angle of 35°49'11", and a chord bearing S26°42'41"W 228.18 feet; 5) Along a curve to the right, having a radius of 100.00 feet, a central angle of 06°32'47", and a chord bearing S12°04'29"W 11.42 feet; 6) S15°20'53"W 72.16 feet; 7) Along a curve to the left, having a radius of 100.00 feet, a central angle of 24°34'41", and a chord bearing S03°03'33"W 42.57 feet; 8) S09°13'48"E 64.60 feet; 9) Along a curve to the right, having a radius of 20.00 feet, a central angle of 86°37'22", and a chord bearing S34°04'53"W 27.44 feet to a point on the northerly right-of-way of North Battlement Parkway; Thence along said right-of-way on a curve to the left, having a radius of 1959.86 feet, a central angle of 21°21'13", and a chord bearing S66.42'58"w 726.20 feet; Thence leaving said right-of-way NO1039114"E 331.32 feet; Thence N01°25'05"E 1294.36 feet; Thence N37°41'05"E 871.89 feet; Thence N56°40'33"E 1215.93 feet; Thence N76°29'08"E 479.27 feet; Thence S85°04'53"E 1749.44 feet; Thence S73°03'00"E 373.35 feet; Thence S53°34'47"E 255.40 feet; Thence S36°40'12"W 536.01 feet to the POINT OF BEGINNING. BLACK 2 A parcel of land containing 116.73 acres more or less and situated in the east half of the northeast quarter, the northeast quarter of the southeast quarter, the south half of the southeast quarter of Section 7 and the west half of the northwest quarter, the west half of the southwest quarter of Section 8 and the north half of the northeast quarter of Section 18, all in Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado and being more particularly described as follows; 3/5 • • Commencing, as a point of reference, at the east quarter corner of said Section 7, being a lava stone, from whence the northeast corner of said Section 7, being a brass cap set in concrete in a paved road, bears N00°45'25"E 2670.52 feet with all bearings contained herein relative thereto: Thence S85°26'38"E 917.31 feet to the POINT OF BEGINNING; Thence S45°48'25"W 298.35 feet; Thence S36°45'12"W 68.78 feet; Thence S19°32'24"W 317.57 feet; Thence S18°04'52"W 162.89 feet; Thence S24°12'31"1 23.36 feet; Thence S53°01'14"E 75.63 feet; Thence S16°44'10"W 1493.25 feet; Thence S65°00'15"W 1143.06 feet; Thence SO1°42'35"W 335.15 feet to a point on the boundary of WILLOW CREEK VILLAGE, SECTION NO.2, a plat recorded in the Garfield County Clerk and Recorder's Office (Reception No. 322310); Thence along said boundary the following five (5) courses: 1) S14°06'48"W 180.45 feet; 2) N66°46'16"W 646.31 feet; 3) 30.00 feet along the arc of a curve to the right, having a central angle of 02°24'14", a radius of 715.00 feet, and a chord bearing N14°16'43"E 30.00 feet; 4) N15°28'50"E 213.53 feet; 5) N30°40'00"E 182.56 feet; Thence departing said boundary and continuing N30°40'00"E 605.59 feet; Thence N55°29'30"E 754.25 feet; Thence N00°00'00"E 310.00 feet; Thence N51°00'00"W 186.71 feet to the easterly right-of-way of West Battlement Parkway, a part of TAMARISK SUBDIVISION FILING NO.1, a plat recorded in the Garfield County Clerk and Recorder's Office (Reception No. 316729); Thence along said right-of-way the following four (4) courses: 1) 283.32 feet along the arc of a non -tangent curve to the left, having a central angle of 29°30'52", a radius of 550.00 feet, and a chord bearing N15°42151"E 280.20 feet; 2) N00°57'25"E 1113.38 feet; 3) 453.18 feet along the arc of a curve to the left, having a central angle of 32°27'25", a radius of 800.00 feet, and a chord bearing N15°16'17"W 447.15 feet; 4) N31°30'00"W 619.08 feet; Thence departing said right-of-way 32.21 feet along the arc of a curve to the right, having a central angle of 92°17'03", a radius of 20.00 feet, and chord bearing N14°38'31"E 28.84 feet to the southerly right-of-way of North Battlement Parkway; Thence along said southerly right-of-way the following two (2) courses: 1) 1002.91 feet along the arc of a curve to the right, having a central angle of 30°53'46", a radius of 1859.86 feet, and a chord bearing N76°13'56"E 990.80 feet; 2) S88°19'11"E 654.74 feet; 4/5 • • Thence departing the southerly right-of-way of North Battlement Parkway S00°24'07"W 614.28 feet; Thence S52°46'1.3"E 113.13 feet; Thence S34°36'1.9"W 70.30 feet; Thence S07°41156"E 41.22 feet; Thence S33'37'46"E 327.58 feet; Thence S03°37'02"E 348.69 feet to the POINT OF BEGINNING. Practical Description: Located approximately 1 mile east of Parachute on County Roads 300 and 301, West and North Battlement Parkways respectively. This Final Plat is to allow Battlement Mesa, Inc., to plat these two areas as sites for the golf course with all the associated utility easements needed to connect previously platted subdivisions with the treatment facilities. If you have any concerns or objections reguarding the use of this property for the above designated purpose, please let them be known in writing to Mr. Glenn Hartmann, Planner, Garfield County Planning Department, 109 8th Street, Suite 303, Glenwood Springs, CO. 81601. A public meeting will take place at 1:30 PM on May 19, 1986, in the Garfield County Commissioner's Hearing Roan, 109 8th Street, Suite 301, Glenwood Springs, CO. during which time this plat will be discussed. 5j5 r • • Z 0 VICINITY MAP Sanctity o/ Conflict S'1'EWAI2'r TITLE OF GLENWOOD SPRINGS J. E. Langford & Associates 743 Horizon Court - Suite 202 Grand Junction, CO 81506 RE: Mineral Owners - Burning Rock Order # 13358 TI Jim, 801 Colorado Avenue P.O. Box 430 Glenwood Springs, Colorado 81602 (303) 945.5434 March 11, 1986 Here follows a list of mineral Owners and addresses on Burning Rock property. Addresses were taken from documents of record. 1) Madeline M. Parkhurst Miles 2858 Elm Ave. Grand Junction, CO 81501 2) Kathryn B. Ross Troy G. Ross Route 1, Box 177 Coupland, Texas, 78615 3) William E. Bakke Julia A. Bakke 589 Elmire Street Aurora, CO 80010 4) Dema E. Smith 3815 South Utica Tulsa, Oklahoma 74104 5) James H. Smith, Jr. P.O. Box 58 Aspen, CO 81612 6) Pearl G. Sayre 5037 Navarro Street Los Angeles, CA 90032 7) Barbara Jean Juhan Hunter 530 Burton Drive Tucson, AZ 85704 8) Edward Nelson Juhan 7675 West, 14th Ave. Lakewood, CO 80215 9) Joseph Paul Juhan 1802 W. Grant, Suite 200 Tucson, AZ 85703 10) George H. Curfman, Jr. Hope Griswold Curfman Elsie Curfman 20 Elm Street Denver, CO 80220 11) Jane Curfman Gwyn James Gwyn 624 Locksley Place Webster Groves, MO 63119 12) Colorado National Bank of Denver, Testamentary Tr. of George H. Curfman, dec. Box 5168 T.A. Denver, CO 80217 13) Martha Curfinan Stojanovich John Stojanovich 16880 Kennedy Road Los Gatos, CA 95030 14) Miki S. Gardner Box 1301 Glenwood Springs, CO 81602 15) Charles M. Sayre 1058 Warrington Deerfield, IL 60015 16) Vicki Sayre 4981 Rhoads Santa Barbara, CA 93111 17) Jennifer Sayre Hartman 409 Hazelwood Glenview, IL 60025 18) Roy Royalty, Inc. 200 Court Plaza Oklahoma City, OK 73102 19) Audrey S. Moore 1110 Barr Canyon City, CO 81212 20) Roy Jensen 1710 Poplar Drive Grand Junction, CO 81501 21) Irene P. Mahaffey Garris E. Mahaffey P.O. Box 235 Parachute, CO 81635 22) Eva M. Mahaffey Forrest C. Mahaffey 659 W. Redono Place NBU 4414 Green Valley, AZ 85614 23) Helen L. Collier 850 Krameria Denver, CO 80220 24) Edwin John Mahaffey 4306 S. Forrest Meadows Spokane, WA 99206 25) Vera Mahaffey Margaret Mahaffey Beckner Maureen Mahaffey Frederick Merrill D. Mahaffey 2029 N. 9th Grand Junction, CO 81501 26) The First National Bank in Grand Junction, N.A., Successor Tr. under the Last Will & Testament of Orville V. Mahaffey, dec. P.O. Box 608 Grand Junction, CO 81502 27) Exxon Corporation P.O. Box 2180 Houston, TX 77001 Truly, `R. L. Hays President