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HomeMy WebLinkAbout1.05 Deeds_Easements_AgreementsArticle 4-203.B.2 Deeds, Easements and Agreements Ursa Operating Company Battlement Mesa Land Investments Major Impact Review Application Battlement Mesa PUD Phase I BMC D OAProject No. 014-1829 REDACTED Ura Operating Company LLC 1050 17'' Street, Suite 2400, Denver, Colorado 80265 April 1, 2015 Mr. David Gitlitz and Mr. Eric Schmela Battlement Mesa Partners, LLC P.O. Box 6000 Parachute, Colorado 81635 RE: Letter Agreement Phase 1 and Tompkins/Richardson Pipeline Segment Applications Battlement Mesa Prospect Garfield County, Colorado Dear Messrs. Gitlitz and Schmela, Ursa Operating Company LLC, as successor in interest to Antero Resources Piceance LLC ("Antero"), referred to herein as Operator", and Battlement Mesa Partners, LLC, Battlement Mesa Land Investments, LLC, Battlement Mesa Land Investments Parcel 1 LLC, Battlement Mesa Land Investments Parcel 2 LLC, Battlement Mesa Land Investments Parcel 3 LLC, Battlement Mesa Land Investments Parcel 6 LLC, Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC, Bafflement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land investments Parcel 5-2, TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center, LLC, Willow Park Apartments LLC, Battlement Mesa Land Investments Parcel 1-A, LLC, Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land Investments Parcel 5-1. TRK 2 LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC, Modular Homes LLC, Tamarisk Village Pads, LLC, Willow Ridge at Battlement Mesa LLC, Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC, Battlement Mesa Land Investments Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center LLC, Battlement Mesa Housing LLC, Community Holdings West Inc.. collectively referred to herein as "Owner" or "Battlement Mesa Partners, LLC", hereby agree to revise and amend that certain Surface Use Agreement ("SUA"), as amended, which is evidenced in the public records of Garfield County, Colorado by Memorandum of Surface Use Agreement, filed on August 20, 2010 under reception number 790390. All pad and pipeline reference herein are pursuant to the SUA. 1 Notwithstanding anything to the contrary in the SUA, Owner and Operator hereby agree to revise and amend the SUA as follows: a) Operator agrees to relinquish certain portions of the pipeline easement cited in the SUA as same are more fully described on Exhibit A attached hereto and made part hereof by reference. Additionally, Operator agrees to provide Owner with revised parcel mapping representing all changes referenced herein. All final mapping to be performed by SGM. b) Operator agrees to eliminate the E Pad, G Pad and Parks and Recreation Pad including associated pipeline segments c) Owner agrees to an expansion of the A Pad for the purpose of including the wells originally planned for the Parks and Recreation Pad d) Owner approves use of a typical Piceance Basin diesel type rig for Operators operations. e) Owner hereby agrees to allow an extension to the pipeline segment at the Stierberger Pad to facilitate a connection to the Richardson Pad, as depicted on Exhibit A. No other connections �. Letter Agreement Battlement Mesa Partners LLC April 1, 2015 Page 2 of 4 2. REDACTED are to be made to this pipeline and this pipeline segment shall be subject to all existing SUA language. f) Operator agrees to connect to the Battlement Mesa Metro District at mutually agreed locations for all of its fresh water requirements as provided in its Phase One Submittal to Garfield County. As a secondary source, Operator may under current SUA utilize the Colorado River (under separate agreement required for Operator's use of Easement) as a fresh water supply. g) Operator agrees to connect to the Battlement Mesa Metro District at its pump location for all of its fresh water requirements as provided in Its Phase One submittal to Garfield County. h) Except as herein provided above and below, Owner and Operator hereby ratify and confirm that all terms and provisions of the SUA, and all amendments thereto, are in full force and effect. 3. Tompkins Pipeline Segment: a) Owner hereby agrees to the extension of the Tompkins Pipeline segment, as more fully described on Exhibit A, necessary to facilitate connection to the Richardson Pad in order to satisfy gas transmissions and water handling operations contemplated herein. Such extension will be subject to all terms and provision of the SUA as if it had been originally described therein. b) Parties hereto agree that no further connections, excluding those proposed in the SUA, may be made to the Tompkins Pipeline without the express written approval of Owner. c) Operator shall use "sound walls.' during its drilling and completion operations on the Tompkins pad and the proposed Richardson pad. d) Operator agrees to utilize Battlement Mesa Metro District as its fresh water source for the Tompkins and Richardson Pads. Operator agrees to utilize Battlement Mesa Metro District as its fresh water source for the Tompkins and Richardson Pads at a connection point of mutual agreement if not at the Zone B Water Tank as currently contemplated by both parties. If in the Letter Agreement Battlement Mesa Partners LLC April 1, 2015 Page 3 of 4 e) f) REDACTED event Battlement Mesa Metro District is unable to provide fresh water to Operator for unforeseen circumstances, Operator shall have the right to utilize a third party source during such time until the Metro District is able to once asain deliver fresh water. 4. Prior to or concurrent with execution of this Letter Agreement, Owner does hereby pledge and agree to cooperate with Operator with its creation and execution of all documents required for submittal of its planned Phase I operations and Owner shall, upon its approval of said documents, promptly (but in no event alter than 30 days upon request) provide ail documents necessary to evidence Owner's approval to submit application for the Tompkins Pipeline segment outside of the Garfield County Major Impact Review permit process. The Phase 1 application shall seek approval of: i. Proposed operations on the B and D Pads; ii. Revised pipeline route from the B to the D Pad, including boring operation; iii. Revised pipeline route from D Pad to its tie located in adjacent to the F Pad. See Exhibit A for specific location of each. 5. Nothing in this Agreement shall entitle any person other than a signatory hereto to any claim, cause of action, remedy or right of any kind pursuant to the terms of this agreement including, but not limited to, Battlement Mesa Metro District. 6. The parties reserve the right to amend, modify, or supplement this agreement, in writing, upon their mutual agreement to such changes and in the exercise of each of their sole and absolute discretion. Should the foregoing revisions and amendments meet with your approval, please so indicate by signing at the bottom of this tetter and retuming one fully executed original to the undersigned. Thank you for your consideration, please contact me direct with any questions or comment Sincerely, URSA OPERATING COMPANY LLC Stephen E. Skinner Q. i REDACTED Letter Agreement Battlement Mesa Partners LLC April 1, 2015 Page 4 of 4 Chief Operating Officer 720.508.8360 direct sskinner@ursaresources.com The above terms and provisions are hereby AGREED and ACCEPTED this, 3 day of April , 2015. BATTLEMENT MESA PARTNERS, LLC Authorized Agent EXHIBITA Attached to that certain Letter Agreement dated April _, 2015, among Ursa Operating Company LLC and Battlement Mesa Partners, et al. co r H co X W w O 0 DO r ti E rn 0 U) 0 c n m a) a _y a c D •C y N x c `,(Li O N U 412 .0 2 a • N a m.c © a - m E w m C CL CL FD - CL ei z< 1 m m Pa nt Mi E W F - z W W 0 w J W a FT_ z 0N 0 re 0 z a 0 H 05 +1 - LU W N 1 FIRST AMENDMENT TO SURFACE USE AGREEMENT This First Amendment to Surface Use Agreement ("First Amendment") is entered into this 1st day of September. 2011 but effective as of January 15, 2009 ("Effective Date") by and between Battlement Mesa Partners, LLC a Colorado limited liability company d/b/a Battlement Mesa Company, and Battlement Mesa Land Investments, LLC, Battlement Mesa Land Investments Parcel 1 LLC, Battlement Mesa Land Investments Parcel 2 LLC, Battlement Mesa Land Investments Parcel 3 LLC, Battlement Mesa Land Investments Parcel 6 LLC. Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC, Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, MCV2 Church Site LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center.. LLC, Willow Park Apartments LLC, Battlement Mesa Land Investments Parcel 1-A, LLC, Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land Investments Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center, LLC, Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC, Battlement Mesa Land Investments OES LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC, . Modular Homes LLC, Tamarisk Village Pads, LLC, Willow Ridge at Battlement Mesa LLC, Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC. whose address is 73 G Sipprelle Drive, Battlement Mesa Colorado 81635 hereinafter, collectively, called "Owner-, Exxon Mobil Corporation hereinafter called "ExxonMobil", and Antero Resources Piceance Corporation, 1625 Seventeenth Street, Suite 300, Denver, Colorado 80202, hereinafter called "Operator." Owner and Operator may be referred to individually as a "Party" and collectively as the "Parties." WHEREAS, the Parties have entered into that certain Surface Use Agreement dated January 15, 2009 (the "SUA") to supersede in part the BMP-ExxonMobil SUA dated December 12. 1989 and to set forth their understanding of the rights and obligations of the Parties concerning operations on and development of the Property and to provide for the coexistence and joint development of the surface estate and the oil and gas estate and to delineate the process through which the two estates will be developed; and, WHEREAS, the Parties desire to enter into this First Amendment to make certain revisions to the SUA regarding Operator's operations on and development of the Property. NOW, THEREFORE, in consideration of the mutual promises contained herein, and ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. In the event of a conflict with this First Amendment and the SUA, the term of this First Amendment shall control. This First Amendment may use the terms "Wellsite Location,- "Pad and "Well Pad" interchangeably. 2. Exhibit B to the SUA is hereby amended and replaced with the Exhibit B attached to this First Amendment. Exhibit B attached hereto affirms. relocates. creates and 1 removes various easements and Well Pad locations contemplated under the original SUA. 3. Attached to this First Amendment is an added Exhibit E, consisting of all easement drawings. Well Pad plans. landscaping plans and plat notes to be submitted as part of Operator's Major Land Use Impact Review application to Garfield County. Colorado for development of its oil and gas leases (collectively the "Site Plan Package"). Such Site Plan Package depicts in more detail the location of roads, pipelines, pads and other facilities and easements related to Operator's operations. To the extent Exhibit E conflicts with any exhibits attached to the SUA, including the plats attached to each Well Pad Specific Operational Requirements. but not including detailed landscaping plans. Exhibit E will control. Notwithstanding the foregoing. the facilities depicted on the Well Pads shown on Exhibit E are Operator's current plans and Operator reserves the rights to amend or alter what wells or equipment are located on the Well Pads and the final location within the Well Pads of such equipment. Any such amendments or alterations will still be subject to the mitigation measures provided for in the SUA and the Specific Operational Requirements of each Well Pad. Any changes to the locations of facilities within a Well Pad shall require the written consent of the Owner, which shall not be unreasonably withheld. 4. The parties have agreed that Wellsite Locations C and K will no longer be used for Operator's operations under the SUA, as amended, and have been removed from Exhibit B, including all associated easements for road access and pipelines. 5. The parties have agreed to relocate Wellsite Location D and associated road access and pipelines. The new location is depicted on Exhibits B and E, and the revised landscaping plan for Wellsite Location D is attached hereto as Exhibit E -D4. 6. Exhibit B -P5 depicts a tie-in to a water pipeline of the Battlement Mesa Consolidated Metropolitan water district, located at the intersection of County Road 302 and the utility easement shown at Reception No. 362168. 7. The parties acknowledge that part of Operator's effort to minimize truck traffic in the Battlement Mesa PUD include provisions for burying water lines such that water associated with its operations can be moved from Wellsite Locations to Operator's water facilities situated on Pad F. In an effort to further reduce the impact of water management associated with Operator's operations, Owner grants Operator the right to locate one or more water injection wells, and associated facilities, on Wellsite Locations B and G, or other locations mutually agreed to, in writing. by Owner and Operator. Operator shall be responsible for obtaining all necessary Federal, State and local permits, and Owner shall provide such consents and waivers as may be necessary to obtain such pemrits. Operation of the injection wells will be done in compliance with all Federal, State and local regulations. Operator agrees to indemnify Owner for the operation of the water injection wells. with such indemnification being more specifically set out in Paragraph 19 of the SUA. 8. Exhibit B -P4 depicts a pipeline pigging facility generally on the southwest side of the Valley View subdivision (the subdivision is recorded at Reception No. 6622272). Operator agrees that access to this pigging facility will be from the north. and that no vehicular access will be allowed from the south between Stone Quarry Road and the Valley View subdivision. 9. Operator agrees to work in good faith with the Owner to lessen the visual impact of any pipeline pigging facilities. In this effort, the parties will construct and install berming, paint and landscaping, with Operator bearing the expense of such visual mitigation, on terms set forth in a separate letter agreement between Owner and Operator. 10. Wellsite Location M is located where there is an existing bike path. Operator agrees to realign the bike path as shown on Exhibit E -M3. Additionally. Operator agrees to remove that portion of the bike path no longer utilized as a result of such realignment, and to reclaim and re -vegetate the area where the bike path was removed to conform to the vegetation surrounding it. 11. Owner's facsimile number for notice purposes is changed to 866-405-3931. 12. Owner is permitted access through Wellsite Locations A and B to allow it access to its property on the back side of such Wellsite Locations. Owner agrees that such access will be subject to Operator's safety requirements. and also will be at Owner's sole risk. 13. Exhibit B -P4 depicts an easement for a water line from Wellsite Location D. to the Colorado River, parallel to the twenty foot wide utility easement recorded at Reception No. 362172. Owner agrees to the location of this easement, however, Operator's use of the easement will be subject to Owner's written approval. which approval will be given in Owner's sole discretion and governed by a separate agreement between Owner and Operator. 14. There is currently an above -ground steel water line located where Wellsite Location G is depicted. This water line is used to provide water to the Battlement Mesa golf course. Owner agrees that Operator may relocate this water line at Operator's sole expense when it constructs Wellsite Location G. Alternatively, Operator may choose to construct Wellsite Location G without moving the water line. In any event, if the water line is damaged or rendered inoperable such that water delivery to the golf course is interrupted, and such interruption causes damage to the golf course, Operator will be responsible for damages. Damages will include the costs of repairing the water line to usable condition, returning the golf course sod and landscaping to a condition which existed prior to such water delivery interruption, as well as Owner's reasonable attorneys fees if any are incurred. Additionally, damages will include lost revenue to the golf course associated with the water line damage. In determining damages for lost revenue, the parties will utilize the revenue figures from the most recent three years of golf course operation. 15. The Owner and Operator contemplate that pipelines will be sized appropriately to preclude the need to resize them. Notwithstanding this provision, the parties recognize such a situation may be encountered and that it may be in the parties' best interest to resize one or more pipelines. In such event. Operator will meet with Owner (and if requested. the owners of property affected by the operation) to 3 review the need for a pipeline resizing. Operator agrees to reclaim any affected land to the condition it was in prior to such resizing operation and obtain Owner's written consent to the resiting, which consent will not be unreasonably withheld. If the operation affects lands that have been sold to third parties, Operator will reclaim the property of such third parties to equal or better than the condition such property was in prior to the resizing operation. 16. The Wellsite Locations require an extensive amount of excavation and relocation of soil. To the extent such soil cannot be used in berms for Wellsite Locations, Operator is permitted to store the excess soil on Owner's property on the east side of Wellsite Location F pursuant to a letter agreement dated August 16, 2011 between the parties. In addition to excess soil. Operator will be allowed to locate well cuttings on Owner's property on the east side of Wellsite Location F. 17. Except as modified in this First Amendment, the terms and conditions of the SUA remain the same specifically including, but not limited to, Paragraph 19. Indemnification of the SUA IN WITNESS WHEREOF. this instrument is executed as of the date first above written. OWNER: By: Title: Battlement Mesa Part - . LLC Eric ina Authorized Agent OWNERS: Battlement Mesa Land Investments, LLC Battlement Mesa Land investments Parcel 1 LLC Battlement Mesa Land Investments Parcel 2 LLC Battlement Mesa Land Investments Parcel 3 LLC Battlement Mesa Land Investments Parcel 6 LLC Battlement Mesa Land Investments Parcel 7 LLC Battlement Mesa Land Investments Parcel OHS LLC Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC Battlement Mesa Land Investments Parcel Fairways LLC Green Head Investments 1 LLC Burning Rock B2L2 LLC MCV2 Church Site LLC Battlement Mesa Golf Course, LLC Saddleback Village Convenience Center, LLC Willow Park Apartments LLC Battlement Mesa Land Investments Parcel 1-A, LLC Paradise Valley Minerals LLC Battlement Mesa Land Investments Town Center I LLC Battlement Mesa Land Investments Town Center 2 LLC Battlement Mesa Land Investments Town Center 3 LLC Battlement Mesa Plaza Town Center, LLC 4 Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC Battlement Mesa Land Investments OES LLC Battlement Mesa RV Park LLC Battlement Mesa RV Storage LLC Modular Homes LLC Tamarisk Village Pads, LLC Willow Ridge at Battlement Mesa LLC Battlement Mesa Parcel 5 LLC Battlement Mesa Lot Holdings LLC Battlement Mesa Partners LLC t\ By: Eric Scher Title: Auth ,4 i Agent OPERATOR: Antero Resources Piceance Corporation By: Brian A. Kuhn Title: Vice President EXXONMOBIL OIL CORPORATION - By: Title: DTH-1NJCLt._1 A70 2.IEy -1,J- 1111111uria YEATIIIPPENILhitl101111:4151 10:0111 DI II Reception#: 790390 08/2012010 04:32:49 PM Jean Alberico 1 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO MEMORANDUM OF SURFACE USE AGREEMENT Owner: Battlement Mesa Partners, LLC a Colorado limited liability company d/b/a Battlement Mesa Company, and Battlement Mesa Land Investments, LLC, Battlement Mesa Land Investments Parcel 1 LLC, Battlement Mesa Land Investments Parcel 2 LLC, Battlement Mesa Land Investments Parcel 3 LLC, Battlement Mesa Land Investments Parcel 6 LLC, Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC, Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, MCV2 Church Site LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center, LLC, Willow Park Apartments LLC, Battlement Mesa Land Investments Parcel 1-A, LLC, Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land Investments Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center, LLC, Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC, Battlement Mesa Land Investments OES LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC, Battlement Mesa Office I LLC, Modular Homes LLC, Tamarisk Village Pads, LLC, Willow Ridge at Battlement Mesa LLC, , Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC, whose address is 73 G Sipprelle Drive, Battlement Mesa Colorado 81635 Operator: Antero Resources Piceance Corporation 1625 Seventeenth Street, Denver, Colorado 80202 Signatory Party: Exxon Mobil Corporation CORP-WGR-714 396 West Greens Road Houston, TX 77067 Property: See Exhibit A attached hereto and incorporated herein by reference Effective Date of Surface Use Agreement: January 15, 2009 To whom it may concern: The Owner owns portions of the surface of a tract of land described in the attached Exhibit A located in Garfield County, Colorado, identified as a part of Battlement Mesa PUD, hereinafter referred to as the "Property" and currently is in the process of developing the same for residential and commercial uses; The Property is subject to a surface use agreement between a predecessor of ExxonMobil and a predecessor of Battlement Mesa Partners, LLC ("BMP") dated December 12, 1989 recorded at Reception Number 548481, Book 1139, Page 112 in Garfield County, Colorado ("BMP-ExxonMobil SUA") which agreement reserved to ExxonMobil the right to use portions of the Property to develop its mineral interest underlying the Property. Operator holds valid and subsisting oil and gas leasehold rights underlying portions of the Property from ExxonMobil, Owner and other parties, and, as such has the right to reasonable use of the surface of the Property to explore for, develop, and produce certain of the oil, gas and other hydrocarbons ("Oil and Gas") that underlie the Property. Operator and Owner have entered into a separate surface use agreement dated effective January 15, 2009 ("Surface Use Agreement") to set forth their understanding of the relative rights and obligations of the Parties concerning operations on and development of the Property. The Parties' Surface Use Agreement provides for the coexistence and joint development of the surface estate and the Retum To: Texhoma Land Consultants, Inc. P.O. Box 1214 Glenwood Springs, CO 81601 ®IIIFil PPi i1111111f4C@ i AE01l 1:1411G41ili BI III Reception#: 790390 08/20!2010 04:32:49 PM Jean Alberico 2 of 9 Rec Fee:$51.00 Doc Fee:C.00 GARFIELD COUNTY CO Oil and Gas estate, and delineates the process through which the two estates will be developed. The Parties desire to, and by this Memorandum do, record notice of their Surface Use Agreement, which supersedes in part the BMP-ExxonMobil SUA. Copies of the Agreement and all of the terms and covenants provided therein are in the possession of both Operator and Owner. ANTERO RESOURCES PICEANCE CORPORATION ("OPERATOR") By: Brian A. Kuhn, Vice President .J_ ,1 Battlement Mesa Partners, LLC a Colorado limited liability company d/b/a Battlement Mesa Company, and Battlement Mesa Land Investments, LLC, Battlement Mesa Land Investments Parcel 1 LLC, Battlement Mesa Land Investments Parcel 2 LLC, Battlement Mesa Land Investments Parcel 3 LLC, Battlement Mesa Land Investments Parcel 6 LLC, Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC, Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land Investments Parcel 5- 2, TRK 5 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, MCV2 Church Site LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center, LLC, Willow Park Apartments LLC, Battlement Mesa Land Investments Parcel 1-A, LLC, Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land Investments Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center, LLC, Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC, Battlement Mesa Land Investments OES LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC, Battlement Mesa Office 1 LLC, Modular Homes LLC, Tamarisk Village Pads, LLC, Willow Ridge at,Battlement Mesa LLC, , Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC ("OWN9") air Schme : `thorized Agent By: STATE OF COLORADO COUNTY OF DENVER ) 1, the undersigned Notary Public in and for said County in said State, hereby certify that , Brian A. Kuhn, as Vice President of Antero Resources Piceance Corporation, who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, has executed the same voluntarily for and as the act of said corporation. Given under my hand and official seal this ` 1 V " day of > ut,ejr , 2010. My commission expires: STATE OF COLORADO i 11g \1,o6 ?Apouj, Nota Public ©III 1Pri, MIMI% I �I ��I��h�lti If I�h��l�iti� �1�� 01111 Reception#: 790390 08/20/2010 04:32:49 PM Jean Alberico 3 of 9 Rec Fee:$61 00 Doc Fee:0.00 GARFIELD COUNTY CO COUNTY OF GARFIELD I, the undersigned authority, a Notary Public, in and for said county in said state, hereby certify that Eric Schmela, as Authorized Agent for Battlement Mesa Partners, LLC a Colorado limited liability company d/b/a Battlement Mesa Company, and Battlement Mesa Land Investments, LLC, Battlement Mesa Land Investments Parcel 1 LLC, Battlement Mesa Land Investments Parcel 2 LLC, Battlement Mesa Land investments Parcel 3 LLC, Battlement Mesa Land Investments Parcel 6 LLC, Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC, Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, MCV2 Church Site LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center, LLC, Willow Park Apartments LLC, Battlement Mesa Land Investments Parcel 1-A, LLC, Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land Investments Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center, LLC, Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC, Battlement Mesa Land Investments OES LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC, Battlement Mesa Office I LLC, Modular Homes LLC, Tamarisk Village Pads, LLC, Willow Ridge at Battlement Mesa LLC, , Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC, acknowledged before me on this day that, being informed of the contents of the instrument, has executed the same voluntarily for and as the act of said entities Given under my hand and official seal this 1� c�ay of My commission expires: ( -- 1 1— a 01 1 --K Atary Public V , 2010. My Commission Expires 0611112u, 1111 Iri6P ii+4r ma M+ 11 II I Reception#: 790390 08/20/2010 04:32:49 PM Jean Alberico 4 of 9 Rec Fee:$51.00 Doc Fee:0,00 GARFIELD COUNTY CO Exhibit A Description of Battlement Mesa PUD EXHIBIT ti LEGAL DESCRIPTIQN A parcel cf land lying in Sections 5, 6, 7, B, 9, 10, 16, 17, 18, and 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South, Range 96 West, of the Sixth Principal :•'eridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range 95 West; Thence along the East line of Section 5 South 00'15'43' West a distance of 1628.34 feet, to the Southeast Corner of the N1/2 NE1/4 SE1/4 SE1/4 of Said Section 5; Thence along the South line of the N1/2 NE1/4 SE1/4 SE1/4 North B7'19'30" West a distance of 664.56 feet, to the Southwest Corner of said N1/2 NE1/4 SE1/4 SE1/4; Thence along the West line of the N1/2 NE1/4 SE1/4 SE1/4 of Section 5, North 00'23'16" East a distance of 324.34 feet to the Northwest Corner of said NE1/4 SE1/4 SE1/4; Thence along the North line of the SE1/4 sEl/4 of said Secticn 5, North 87'26'14" West a distance of 663.79 feet, to the Northwest Corner of said SE1/4 SE1/4; Thence along the West line of SE1/4 SE1/4 of said Section 5, South 00'30'52" West a distance of 1292.05 feet to the Southwest Corner of said SE1/4 SE1/4; Thence along the South line of said Section 5, South 86'59'25" East a distance of 1333,74 feet to the Southeast Corner of said Section 5; Thence along the North line of Section 9, Township 7 South, Range 95 West, South 87'59'43" East a distance of 1326.37 feet, to the Northeast Corner of the NW1/4 NW1/4 of said Section 9; Thence along the East line of the NW1/4 NW1/4 of said Section 9, South 01'02'26" West a distance of 1301.45 feet to the Southeast Corner of said NW1/4 NW1/4; Thence along the North line of the SEI/4 NW1/4 of said Section 9, South B8'02'23' East a distance of 1324.35 feet to the Northeast Corner of said SE1/4 NW1/4; Thence along the North line of the SW1/4 NE1/4 of said Secticn 9, South 88'35'51" East a distance of 1275.60 feet, to the Northeast Corner of said 5W1/4 NE1/4; Thence along the West line of the NE1/4 NE1/4 of said Section 9, North 01'04'15" East a distance of 1311.84 feet to the Northwest Corner of said NE1/4 NE1/4; Thence along the North line of said Section 9, South 1111 Pi MO, Mill 11111 Reception#: 790390 08/20/2010 04:32:49 PM Jean Rlberico 5 of 9 Rec Fee:$51.00 Doc Fee:0.00 GPRFIELD COUNTY CO 89.06'43" East a distance of 1274.26 feet to the Northeast Corner of said Sect:on 9; Thence along the East line of said Section 9, South 01'00'49" West a distance of 1323.29 feet, to the Southeast Corner of the }:E1/4 NE1/4 of said Section 9; Thence along the North line of the 5W1/4 NW1/4 of Section 10, Township 7 South, Range 95 West, South 88'46'55' East a distance of 631.29 feet to a point on the North line of the said SW1/4 U'1/4, 687 feet West of the Northeast Corner of said SW1/4 NW1/4, said point being the Northwest Corner of that parcel of land described in Document Number 198564 as recorded in Book 302 at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parcel the following five (5) courses: (1) (2) (3) (4) (5) South 00'49'34' West a distance of 221.67 feet; South 48'09'56" East a distance of 361.92 feet to a point 456.00 feet, as measured at right angles, southerly from the North line of the SW1/4 NW1/4 of said Section 10; South 89'17'47' East a distance of 166.55 feet; South 00'49'34' West a distance of 201.43 feet; South 89'17'47' East a distance of 246.37 feet; to a point on the East line of said SW1/4 NW1/4 655•feet South of the Northeast Corner of said SW1/4 NW1/4; Thence departing said parcel boundary along the East line of the SW1/4 NW1/4 of said Section 10, South 00'54'36' West a distance of 667.20 feet to the Southeast Corner of said SW1/4 NW1/4; Thence along the East line of the NW1/4 SW1/4 of said Section 10, South 00'54'38" West a distance of 1315.11 feet to the Southeast Corner of said NWI/4 SW1/4; Thence along the South line of the NW1/4 SW1/4 of said Section 10, North 89'11'04' West a distance of 1323.06 feet to the Southwest Corner of said NW1/4 SW1/4; Thence along the South line of the N1/2 SE1/4 of Section 9, Township 7 South, Range 95 West, North 87'19'11' West a distance of 2557.45 feet to the Southwest Corner of said N1/2 SE1/4; Thence along the South line of the N1/2 SW1/4 of Section 9, North 88'38'08" West a distance of 2654.44 feet to the Southwest Corner of said N1/2 SW1/4; Thence along the South line of the NE1/4 SE1/4 of Section 8, Township 7 South, Range 95 West, North 88'43'49' West a distance of 1331.33 feet to the Southwest Corner of said NE1/4 SE1/4 of Section 8; Thence along the West line of the SE1/4 SE1/4 of Section 8, South 01'20'14' West a distance of 1316.23 feet to the 111I OinClCIFICl 'U AliIli 11111 Reception#: 790390 08/2012010 04:32:49 PM Jean Alberico 6 of 9 Reo Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO Southwest Corner of said SE1/4 SE1/4 of Section 8; Thence along the East line of the W1/2 NE1/4 of Section 17, South 01'00'57" West a distance of 2639.16 feet to the Southeast Corner of said W1/2 NE1/4 of Section 17; Thence along the North line of the NE1/4 SE1/4 of Section 17, South 88'46'04' East a distance of 1324.13 feet to the E1/4 Corner of Section 17; Thence along the Easterly line of the NE1/4 SE1/4 of Section 17, South 01'01'24' West a distance of 1320.50 feet to the Southeast Corner of the NE1/4 SE1/4 of Section 17; Thence along the North line of the SW1/4 SW1/4 of Section 16, Township 7 South, Range 95 West, South 87'41'13" East a distance of 1330.94 feet to the Northeast Corner of said SW1/4 SW1/4; Thence along the East line of the SW1/4 SW1/4 of Section 16, South 01'03'30" West a distance of 1322.00 feet to the Southeast Corner of said SW1/4 SW1/4; Thence along the South line of said Section 16 North 87'37'18" West a distance of 1330.20 feet to the Southwest Corner of said Section 16; Thence along the South line of Section 17, Township 7 South, Range 95 West, North 88'44'01' West a distance of 1984.49 feet to the Southwest Corner of the E1/2 SW1/4 SE1/4; Thence along the West line of the E1/2 SW1/4 SE1/4,•North 00'59'11" East, a distance of 1319.91 feet to the Northwest Corner of said E1/2 SW1/4 SE1/4; Thence along the South line of the NW1/4 SE1/4 of said Section 17, North 88'45'02' West a distance of 661.78 feet to the Southwest Corner of said NW1/4 SE1/4; Thence along the South line of the NE1/4 SW1/4, North 88'45'02' West a distance of 1158.58 feet to a point 10 rods East of the Southwest Corner of said NEI/4 SW1/4; Thence North 01'03'04' East a distance of 131.93 feet; Thence North 88'43'44' West a distance of 165.63 feet; Thence North 00'55'58" East a distance of 527.66 feet, along the West line of the NE1/4 SW1/4 to the Northeast Corner of the 51/2 NW1/4 SW1/4; Thence North 88'45133' West 1324.42 feet to the Northeast Corner of the E1/2 SE1/4, NE1/4 SE1/4 of Section 18, Township 7 South, Range 95 West; Thence along the North line of the E1/2 SE1/4 NEI/4 SE1/4 of said Section 18, North 88'24'33' West a distance of 329.86 feet to the Northwest Corner of said E1/2 SE1/4 NE1/4 SE1/4; Thence along the West line of the E1/2 SEI/4 NEI/4 SE1/4 of said Section 18, South 00'53'57' West a distance of 659.61 feet to the Southwest Corner of said E1/2 SEI/4 NEI/4 SE1/4; • VIII r 1011411:AIVILliitlerilltlifEliCilrei, Pi 11111 Reception#: 790390 08/20/2010 04:32:49 PM Jean Alberico 7 of 9 Rec Fee:551.00 Doc Fee:0,00 GARFIELD COUNTY CO Thence along the South line cf the NE1/4 SE1/4 of said Section 18, North 88'26'07' West a distance of 989.84 feet to the Southwest Corner of said NE1/4 SE1/4; Thence along the East line cf the SW1/4 SE1/4 of said Section 18, South 00'55'21' West a distance of 1320.46 feet to the Southeast Corner of said SW1/4 SE1/4; Thence along the East line of the W1/2 NE1/4 of Section 19, Township 7 South, Range 95 West, South 01'06'34' West a distance of 2642.08 feet to the Southeast corner of Laid W1/2 NE1/4; Thence along the South line of the NE1/4 of Section 19, North 88'41'12' West a distance of 1329.89 feat to the Southwest Corner of said NE1/4; Thence continuing Westerly along the South line of the NW1/4 of said Section 19, North 88'41'12' West 2570.38 feet to the Southwest Corner of said NW1/4 of Section 19; Thence continuing Westerly along the South line of the NE1/4 of Section 24, Township 7 South, Range 96 West, North 89'32'43' West a distance of 2673.12 feet to the Southwest Corner of said NE1/4; Thence along the West line of said NE1/4, North 00'23'55"' West 1023.06 feet; Thence North 01'25'42"' East 229,68 feat; Thence North 66'11'04' West 236.83 feet; Thence North 34'29'42' East 1613.03 feet; Thence }forth 88'52'30' West 202.82 feet; Thence North 00'00'00° East 461.13 feet; Thence North 81'10'00' West 955.94 feet to the centerline of the Colorado River; Thence along said center the following courses and distances; North 26'28-'25'• East 232.98 feet; North 30'21'25' East 206.15 feet; North 35'25'25' East 644.58 feet; North 29'17'25` East 829,38 feat; North 40'24'25' East 99.86 feet; North 36'27'25' East 150.05 feet; North 34'54'25' East 163.27 feet; North 31'12'21' East 266.75 feet; North 50'36'25' East 686.79 feet; North 72'23'50' East 390.96 feet: North 76'17'12' East 151.22 feet; North 77'41'27' East 463.54 feet; North 79'53'07' East 281.99 feet; North 79'01'50' East 87.91 feet; North 62'57'39' East 257.89 feet; North 27'17'27' East 312.44 feet; North 40'46'59' East 126.43 feet; North 24'17'40' East 197.27 feet: ■III Pi7.6 law& Poi m «ourifotriachi 11111 Reception#: 790390 08(20/2010 04:32:49 PM Jean Rlberico 8 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO North 32'26'39' East 124.13 feet; North 60'01'18" East 109.42 feet; North 74'02'49" East 226.07 feet; North 78'19'08° East 154.17 feet; North 0'40'20" East 444.46 fent; North 35'52'21' East 149.32 feet; North 26'41'02" East 150.34 feet; North 14'13'25" East 511.69 feet; North 24'54'48' East 241.07 feet; North 14'40'02' East 996.76 feet; North 04'23'25' West 274.60 feet; North 08'35'04" East 215.19 feet; North 20'08'11" East 79.88 feet; North 32'27'48"' East 71.69 feet; Thence leaving said Colorado River centerline South 81'08'11" East 526.15 feet; Thence North 01'04'10' East a distance of 485.22 feet; Thence South 88'24'36"' East a distance of 83.00 feet; Thence North 53'18'25' East a distance of 635.50 feet to the southerly Right -Of -Way of the existing County Road; Thence along said Right -Of -Way South 43'14'11" East a d-ictance. of 55-..7.4- feet;. Thence continuing along said Right -Of -Way South 34.04'07" East 107.02 feet; Thence continuing along said Right -Of -Way South 15'35'44' East 66.56 feet; Thence North 72'19'16° West a distance of 13.56 feet; Thence South 79'47'18' West a distance of 24.89 feet: Thence South 37'23'26' West a distance of 100.52 feet; Thence South 06.07127` West a distance of 83.52 feet, Thence North 88'48'43' East a distance of 85.28 feet to the westerly Right -Of -Way of the existing County Road; Thence along said Right -Of -Way the following courses and distances; South 10.11'10" East a distance of 50.84 feet; Thence 244.26 feet along the arc of a curve to the left having a radius of 1611.94 feet, the chord of said curve bears South 02.50'01' East a distance of 244.03 feet; Thence 331.22 feet along the arc of a curve to the left having a radius of 270.10 feet the chord of said curve bears South 42'18'20' East 310.85 feet; Thence South 77`25'36' East a distance of 249.91 feet; Thence South 82'00'16' East 142.25 feet; Thence leaving said County Road Right -Of -Way North 13'52'58" East a distance of 60.00 feet; Thence South 76'07'01' East a distance of 196.00 feet; 1111 P'4101141'40110414411/41114141Elitt 1011 N' 11111 Reception#: 790390 08/20/2010 04:32:49 PM Jean Alberico 9 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO Thence South 66'03'01" East a distance of 92.80 feet; Thence North 64'50'00' East a distance of 12.20 feet; Thence South 86'44'06" East a distance of 201.00 feet; Thence North 01'36'29" East a distance of 650.00 feet; Thence North 66'44'01" West a distance of 359.65 feet; Thence North 01'36'06' East a distance of 469.21 feet; Thence North 01'32'15" East a distance of 568.40 feet; Thence North 01'39'14" East a distance of 355.62 feet; Thence North 85'54'03" West a distance of 597.54 feet to the centerline of the Colorado River; Thence along said centerline the following courses and distances: North 30'34'03" East 126.48 feet; North 11'14'23" East 262.86 feet; North 03'21'52" East 244.98 feet; North 06'43'43" East 149.36 feet; North 09'50'22'" West 130.18 feet; North 15'44'44"' West 249.17 feet; North 23'23'56" East 595.97 feet; North 29'30'40" East 146.50 feet; North 43'21'22" East 437.13 feet; North 53'22'38" East 517.59 feet; North 60.'37'24" East 6-3.9.69 feet -;- North 58'44'59" East 242.35 feet; North 68'18'39" East 236.76 feet;. North 74'06'42" East 340.87 feet; North 86'52'08" East 446.66 feet; North 88.43'46" East 270.56 feet; South 83'05'32" East 198.26 feet; North 78'27'53" East 618.98 feet; North 76'29'45' East 483.05 feet; North 49'07'36" East 593.26 feet; Thence leaving said Colorado River centerline South 87'53'17' East a distance of 2282.68 feet along the North line of the SE1/4 of said Section 5, Township 7 South, Range 95 West of the Sixth Principal Meridian to the point of beginning. SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is entered into and made effective this 15th day of January, 2009 ("Effective Date") by and between Bafflement Mesa Partners. LLC a Colorado limited liability company d/b/a Battlement Mesa Company, and Battlement Mesa Land Investments, LLC, Battlement Mesa Land Investments Parcel 1 LLC, Battlement Mesa Land Investrnents Parcel 2 LLC, Battlement Mesa Land Investments Parcel 3 LLC, Battlement Mesa Land Investments Parcel 6 LLC, Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC, Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC, Battlement Mesa Land Investments Parcel 5-2. TRK 6 LLC. Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, MCV2 Church Site LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center, LLC, Willow Park Apartments LLC, Battlement Mesa Land Investments Parcel 1-A, LLC, Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land Investments Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center, LLC, Battlement Mesa Land Investments Parcel 5-1. TRK 2 LLC, Battlement Mesa Land Investments OES LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC, Battlement Mesa Office 1 LLC, Modular Homes LLC, Tamarisk Village Pads, LLC, Willow Ridge at Battlement Mesa LLC, , Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC, whose address is 73 G Sipprelle Drive, Battlement Mesa Colorado 81635 hereinafter, collectively, called "Owner", Exxon Mobil Corporation hereinafter called "ExxonMobil", and Antero Resources Piceance Corporation, 1625 Seventeenth Street, Suite 300, Denver. Colorado 80202, hereinafter called "Operator." Owner and Operator may he referred to individually as a "Party" and collectively as the "Parties." WHEREAS, the Owner owns portions of the surface of a tract of land described in the attached Exhibit A located in Garfield County, Colorado, identified as a part of Battlement Mesa RID, hereinafter referred to as the "Property" and currently is in the process of developing the same for residential and commercial uses; WHEREAS. the Property is subject to a surface use agreement with predecessor of ExxonMobil dated December 12, 1989 ("BMP-ExxonMobil SUA") which agreement reserved to ExxonMobil the right to use portions of the Property to develop its mineral interest underlying the Property; WHEREAS. Operator holds valid and subsisting oil and gas leasehold rights underlying portions of the Property from both ExxonMobil, Owner and other parties, and, as such has the right to reasonable use of the surface of the Property to explore for, develop, and produce certain of the oil, gas and other hydrocarbons ("Oil and Gas") that underlie the Property: and, WHEREAS, the Parties desire to enter into this Agreement to supersede in part the BMP-ExxonMobil SUA and to set forth their understanding of the rights and obligations of the Parties concerning operations on and development of the Property and to provide for 1 the coexistence and joint development of the surface estate and the Oil and Gas estate and to delineate the process through which the two estates will be developed; and WHEREAS. it is the intent of the Parties that all of the existing owners of the surface of the Property be included in this Agreement, and for that purpose and to the best of the. Owners' knowledge. all of the entities related to Battlement Mesa Partners LLC that have an ownership interest in the surface estate in the Property are listed in the first attestation paragraph above. To the extent it is later determined that entities that have an ownership interest in the Property and that are related to Battlement Mesa Partners LLC are not parties to this agreement, Owner shall cause those omitted entities to ratify and endorse this Agreement when they are subsequently identified; NOW, THEREFORE, in consideration of the mutual promises contained herein, and ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Easement. Owner hereby grants to Operator a right-of-way and easement on, over, through, under and across the Property for the purpose of drilling, completing, operating and producing gas wells, conducting reservoir fracture stimulation operations, re -completing and monitoring wells therefore, together with the right-of-way and easement on, over, through and across the Property necessary to construct operate, maintain and repair (including but not limited to) access roads. fluid retention reservoirs, well sites, tank batteries, compressors. electrical lines, facilities, pipelines for handling both production produced from the Property, as well as that produced from other lands which Owner may not have an interest, which may he necessary for Operator to have a continuous and efficient pipeline system, pigging facilities, tanks, water discharge, and any other actions deemed necessary by Operator for its operations. Operator shall provide, within ninety (90) days of the execution of this Agreement, legal descriptions of the pipeline easements granted herein as well as envelopes for Wellsite Locations and their access roads. These legal descriptions are to he provided by Schmueser, Gordon, Meyer, or an engineering firm selected by the agreement of Owner and Operator. 2. Conformance with Exhibit B. Operator shall locate and stake the proposed placement of all Wellsite Locations, all access roads, and all gas -gathering lines, as depicted on Exhibit B for inspection by Owner at least 15 calendar days prior to any construction operations for such proposed surface activity. Owner may inspect the staked locations and their boundaries to determine whether they conform to the locations as depicted on Exhibit B. Within 5 calendar days of having been notified of such staking, Owner may object to the staked locations and their boundaries on the grounds that they do not conform to the locations as depicted on Exhibit. B. If Owner objects, Operator shall either re -stake the locations if it does not actually conform to the survey, or confirm that it does actually conform with to the locations as depicted on Exhibit B. If Owner does not object within 5 calendar days after having received the initial notice, then it will he deemed to have waived any objection to the staked locations. 3. Wellsite Locations. Exhibit B depicts locations of the planned well sites and central water handling and treatment facilities ("Wellsite Locations") to he used by the 2 Operator to develop the Oil and Gas estate. Operator agrees to restrict its Oil and Gas Operations to the easements for the Wellsite Locations shown on Exhihits B. "Oil and Gas Operations" are defined to include, but are not limited to, drilling, completion, and maintenance of wells and equipment, production operations. workovers, well rccompletions and deepenings, fracturing, twinning and the drilling of replacement wells and the location of associated Oil and Gas production equipment. Specific operational requirements applying to individual Wellsite. Locations are shown in Exhibit C. Any material deviation from the planned location of the Wellsite Locations, as shown in Exhibits B will require Owner's prior written approval, which approval will not he unreasonably withheld. "Material Deviation" is defined as any proposed surface use or occupancy by Operator outside the boundaries of the Wellsite Locations identified on Exhibit B. a. Operator shall locate, build, repair, and maintain tanks, separators, treaters, dehydrators, and all other associated oil and gas drilling and production equipment and facilities, and wellhead compressors, only within the Wellsite Locations shown on Exhibit B. Operator shall have the right to install, replace, operate and maintain equipment on Wellsite Locations. Operator shall only he permitted to have a repair and maintenance facility at the central water handling and treatment facilities located at Wellsite Location F, with use of such facility limited to Operations conducting under this Agreement and conditioned upon the requirements specified on Exhibit C. b. Without waiving its right to use the full dimensions of the Wellsite Location as described in Exhibit 13, Operator shall use good faith efforts to construct the Wellsite Locations to he as small as reasonably feasible for drilling and completion activities and will attempt to reclaim the Wellsite Locations to an area no larger than is necessary to support production equipment and future workover and recompletion or re -drilling activity. c. Supporting facilities that may he located on Wellsite Locations include but are not limited to, closed mud systems, well head equipment, lines to carry condensate, gas and water, tanks, dehydrators, treaters, and any other facilities related to Oil and Gas Operations and deemed necessary by Operator. It is expressly understood that no centralized compressors will be located on the Property, except that wellhead compression will he permitted subject to the noise abatement requirements provided for hereinafter. d. Central water handling and treatment facilities are permitted to he located on the Property as identified on Exhibit B. Owner agrees to cooperate with Operator in obtaining necessary approvals for such facilities. e. Any valve sites, exposed pipeline structures, wellhead compressor housing, permanent tanks intended to contain hydrocarbon substances or produced water installed during Oil and Gas Operations on the Wellsite Location shall all he low profile when technically feasible and painted with color tones, matched to the surrounding landscape as per COGCC Series 804 rule on Visual Impact Mitigation. Owner reserves the right to select the hue and 3 surface finish at the time of the initial installation of surface facilities. Owner and Operator shall jointly and in good taitli cooperate to take mutually acceptable measures to protect the residential character of Property outside of the Wellsite Locations. f. All wellheads or production facilities shall he located pursuant to COGCC rules applicable at the time they are installed and as shown on Exhibit B. COGCC regulations shall specify the required setbacks from any designated boundary line in the Battlement Mesa PUD or a designated outside activity area. g. Operator, at its sole cost, risk and expense. will he responsible to obtain any governmental required approvals related to the Wel]site Locations. Owner agrees to cooperate with Operator to obtain any governmental required approvals. If Operator is precluded from obtaining required governmental approvals for any Wellsite Location, Owner agrees to work in good faith with Operator to Locate a suitable replacement location. 4. Access Roads. Exhibit B depicts the approximate locations of the planned access roads ("Access Roads") to he used by the Operator to develop the Oil and Gas estate. Operator agrees to restrict its Oil and Gas Operations to the easements for the Access Roads shown on Exhibits B. Any material deviation from the planned location of the Access Roads, as shown in Exhibits B will require Owner's prior written approval, which approval will not he unreasonably withheld. "Material Deviation" is defined as any proposed surface use or occupancy by Operator outside the boundaries of the Access Roads identified on Exhibit B. a. Access Roads constructed by Operator shall he no greater than 20 feet wide, gated and maintained in a good visual condition and in conformity with applicable state and local standards for oil and gas operations, including grading for proper drainage. Such road construction and maintenance shall be at the sole risk, cost and expense of Operator. Operator shall monitor the condition of the Access Roads and in those situations where warranted. apply dust suppressants such as water, soil tack. and/or magnesium chloride solution. Vehicle speed in excess of 20 miles per hour is prohibited. Operator will at Least annually forward a "NOTICE TO ALL CONTRACTORS" regarding driving and traffic law adherence and a policy of discipline up to and including removal of the offending party from activities conducted under this Agreement for violators. h. If Operator or its vendors cause damage to a road that is jointly used by Operator, its vendors and the persons residing within the Battlement Mesa PIJD, Operator, as its sole cost, shall promptly repair any damage which it causes which is a direct result of its use of the road. Operator agrees to hear all expenses to remove mud, gravel and sand in a manner that will cause such roads to he returned to the condition of such roads before being impacted by Operator's Oil and (.ias Operations. c. The Parties agree to conduct their respective operations in a manner which minimizes interference with or delay of the ongoing operations of the other. 4 d. No employee (acting in an official capacity for Operator and not as a public person), agent, vendor, vendor's employee. consultant or any other person authorized by Operator to be on the Property shall bring alcohol, drugs. firearms. or animals upon the Property at any time. All gates and Access Roads on and at the Wellsite Locations and such other facilities as agreed to by the Parties will he kept closed when not in use in by Operator and Operator shall take all reasonable steps to keep the area served by the roadway as secure as possible. e. Operator. at its sole cost, risk and expense, will he responsible to obtain any governmental required approvals related to the Access Roads. Owner agrees to cooperate with Operator to obtain any governmental required approvals. Owner agrees to cooperate with Owner in securing any and all such required approvals. f. Authorized agents of Owner may utilize Access Roads, provided that such use does not interfere with Operator's ongoing activities on the Wellsite Locations. 5. Pipelines. Exhibit B depicts the locations of the planned gas gathering line ("Pipeline Easements") to he used only by the Operator to develop the Oil and Gas estate. Operator agrees to restrict its Oil and Gas Operations to the areas shown on Exhibits B. Any material deviation from the planned location of the Pipeline Easements, as shown in Exhibits B will require Owner's prior written approval, which approval will not he unreasonably withheld. "Material Deviation" is defined as any proposed surface use or occupancy by Operator outside the boundaries of the Pipeline basements identified on Exhibit B. a. Pipeline Easements shall consist of a 25 -foot permanent easement and a temporary 50 -foot construction easement and he for the use of Operator for the installation, operation, maintenance and repair of wells, utility lines, flowlines, pipelines, and appurtenant equipment that will he used to produce, gather, measure, treat, transport or distribute oil, gas, liquid hydrocarbons. and water, whether treated or untreated. Operator, its successors, assigns, affiliated companies, parent companies, and subsidiaries, may use any of the flowlines and pipelines located in the easements to produce, gather. transport or distribute oil. gas, liquid hydrocarbons and water. h. Operator has the right to construct. use. repair. maintain and replace flowlines, pipelines and utility lines providing service to wells and facilities as shown on Exhibit B. c. Gas gathering lines shall he installed at depths not less than approximately 48 inches below the surface of the ground, except in those areas shown on Exhibit B where Owner and Operator agree to install them at a greater or lesser depth to accommodate storm sewer lines, sewer lines. water lines or other similar gravity -dependent facilities ("Gravity Dependent Facilities"). Additionally, Operator shall bury its gas gathering lines at a greater or lesser depth al such points indicated on Exhibit B as necessary to provide Owner 5 with access roads to its development property and avoid existing structures. Operator will consult with Owner prior to installing the gas gathering lines to agree upon a burial depth necessary to avoid Owner's existing and anticipated utilities. access to its property and structures. Owner and Operator shall each consult in good faith to reasonably and mutually accommodate each other's economic interests in the Property and the underlying oil and gas leases. d. In the event Owner desires to have existing gas gathering lines (or such other lines or utilities as Operator may have installed) redesigned or relocated due to Owner's development plans, Operator shall review Owner's detailed drawings and attempt to accommodate redesign or relocation of the gas gathering lines al Owner's expense. Locations of gas gathering line easements and depth of pipeline installation may be changed by mutual agreement of the Parties; provided, however, all costs and expenses of such relocations shall be borne by the Party requesting the relocation. In the event that the parties agree to the relocation of' a pipeline or gathering line at the Owner's request, the Operator shall provide Owner with a written estimate of the relocation costs. Owner shall remit fifty percent (50%) of the amount of the estimate to the Operator 3() days prior to commencement of the relocation Operations and the remaining 50% upon completion of the work and the submission of an itemized invoice as provided hereinafter. The final amount due shall be adjusted up or down upon completion of the work and after an itemized statement is provided to Owner. c. Operator shall compact all trenches related to any phase of drilling and/or pipeline construction to no less than 95% SPD; provided that compaction shall he 100% SPD for all trenches which arc in areas designated for public or private roads or paved trails. f. Owner may cross gas gathering line easements affirmed or granted herein to install, operate and maintain streets, curbs, gutters, sidewalks. utility service lines, cables or facilities, including those for water, gas, sewer, electricity, telephone, television, and fiber optics, provided that Owner shall use its hest efforts to minimize interference with Operator's use of the easements affirmed or granted herein, and provided further that 1) any such crossing shall he at substantially right angles to the easements affirmed or granted herein, if reasonably possible; 2) if any such streets, curbs, gutters, sidewalks lines, cables or facilities are laid substantially parallel to gathering lines or pipelines, they shall he located at a minimum horizontal distance of five feet from any gathering line or pipeline; and, 3) any lines, cables or facilities that cross gathering lines or pipelines shall he separated vertically by a minimum distance of two (2) feet center -to -center. g. Owner, its agents, representatives, successors and assigns may use easements for other utilities. access and roadways as deemed necessary by the Owner; provided that utilities shall have a horizontal separation of at least five (5) feet (center to center) and a vertical separation of at least two (2) feet (center -to -center). 6 h. Within ninety (90) days following completion of construction of any working segment of pipeline or ancillary facilities. Operator shall, at its sole cost, provide Owner with as -built drawings of the completed pipeline segment or ancillary facilities. J• Operator, at its sole cost, risk and expense. will be responsible to obtain any governmental required approvals related to the Pipeline Easements. Owner agrees to cooperate with Operator to obtain any governmental required approvals. Pipelines serving each Wellsite Location shall he completed contemporaneously with the commencement of oil and gas operations at the respective Wellsite Locations A, B, C, D, E, L and M, on a location by location basis. k. In the event Operator desires to permit a third party to utilize Operator's Pipeline Easements, which utilization is not in connection with Operator's Oil and Gas Operations, Operator shall obtain the permission of Owner to such use. Operator acknowledges that Owner may require compensation and other considerations for the grant of this permission. 1. Operator acknowledges this grant of pipeline easements is reflective of its agreement with Owner to greatly reduce or eliminate trucking at Battlement Mesa PUD by the transportation of oil, gas, liquid hydrocarbons and water by pipeline in its Oil and Gas Operations from the Wellsite Locations to the central water handling and treatment facility shown on Exhibit B. m. if Owner intends to construct any improvements in any of the pipeline or access easements described in this Agreement that would potentially interfere with Operator's access to or use of such easement, Owner shall provide at least 180 days' Notice to Operator (the "Notice Period") of such intended activity. Notice shall he given in writing and shall be specific enough to allow Operator to determine the extent to which such activity would potentially interfere with Operator's use of any easement. Operator may construct pipelines or other facilities as provided in the Agreement, in such easements during the Notice Period without interference from Owner's activities. If Operator has not constructed pipelines or facilities in such easement during the Notice Period. and Owner has subsequently built improvements in such easement after the end of the Notice Period, then Operator may construct pipelines or facilities in such easement, but Operator shall he required to pay for actual damages to the improvements constructed in such easement that are caused by Operator's subsequent construction of pipelines or facilities in such easement. If Owner gives Notice, but has not constructed any improvements in the easements for which it has given Notice under this Paragraph by the end of 365 days from the date of such Notice, then such Notice shall be deemed to have lapsed, and the parties' relative rights in such easements shall return to the status quo that existed prior to the Owners' giving of Notice. 7 n. In the event Operator's Oil and Gas Operations impact the Battlement Mesa Golf Course. Operator agrees to restore that part of the golf course to Its pre - impacted condition as soon as possible. In this restoration, Operator will work with the golf course superintendent to assume that all necessary steps are taken to return it to its pre -impacted condition. Operator agrees to utilize and pay for the golf course maintenance staff and/or its designated vendors as well as ail materials required. Operator shall also pay for any revenue loss caused by its incursion into the golf course. The amount of these losses shall be determined by the golf course's previous year's rounds from the "taken" period multiplied by the current year's rates for each round. Operator further agrees to perforin all work directly impacting the seventh green, to the extent commercially feasible, in the months of January and February (when the golf course usage is typically low). o. At such time as pipe is laid in the pipeline easements, it shall not he removed except for the purpose of repair. Upon the termination of Operator's Oil and Gas Operations, the pipelines shall be left in place and abandoned by Operator. 6. Power/Telephone/Transformers. Only power lines, transformers and data transmission lines necessary for the operation of wells drilled on the Wellsite Location, or production equipment ancillary thereto, may be installed on the Wellsite Location or in the easement of any Access Road or Pipeline Easement. No power line. data transmission line or transformers will be permitted outside of Wellsite Location, Access Road or Pipeline Easement shown Exhibit B. 7. Hours of Operation. There will he no time of day restrictions with regard to drilling, completing. re -completing, workover, reservoir fracture stimulation operations. With respect to other routine ongoing maintenance. development and production operations, Operator agrees to limit such activities (except in the case of emergency) to between the hours of 7:00 AM to 8:00 PM. 8. Noise Abatement. Stationary engines and their exhausts shall he located and oriented to direct noise away from the homes closest to Wellsite Locations as set forth by COGCC Series 802.e rule. Equipment initially installed on Wellsite Locations shall he modern and well maintained. Operator will evaluate noise generation from equipment and require contractors to refit mufflers etc. in situations where the volume of sound produced may exceed applicable standards. Operator shall at all times maintain compliance with applicable Colorado Oil and Gas Conservation Commission ("COGCC") rules and regulations pertaining to noise reduction standards in Residential/ Agricultural/Rural areas and employ best management practices as set out in the COGCC Series 802 Noise Abatement Rule. Neither Operator nor its vendors shall he permitted to utilize engine braking on the Property. 9. Lighting Abatement. If a drilling rig is within 1,000 feet of an occupied dwelling, Operator and its subcontractors will align the drilling rig lighting equipment to minimize the proportion of the lights that are directed toward the dwelling and will install lighting shield devices on all of the more conspicuous lights. Lighting shall 8 he directed inward and downward except as deemed necessary by Operator to illuminate other areas for safety reasons. Operator shall use appropriate technology to minimize light pollution emanating from the Property including, hut not limited to. utilization of low density sodium vapor lighting. 10. Air Emissions and Odor Abatement. Operator will utilize mats, soil tack and/or liquid dust suppressants as necessary to mitigate fugitive dust emissions from Wellsite Locations. Completion processes shall he designed to consolidate the number of hydraulic fracture stimulation flow -hack events. No flaring of wells shall he permitted within 2,000 feet of an occupied dwelling, except in the event of emergency. Operator may flare a well within 2.000 feet of an occupied dwelling if such flaring is conducted utilizing flare suppression containment. Glycol dehydrators, tanks, treaters, and flares shall comply with applicable CDPHE and COGCC regulations governing VOC emissions. Operator's operations shall be in compliance with the applicable Colorado Department of Public Health and Environment Air Quality Control Commission Regulations, including, but not limited to. the Regulation No. 2 requirement that no oil or gas operation may cause or allow the emission of odorous air from any single source that is detectible after the odorous air has been diluted with seven or more volumes of odor -free air. These measurements shall he made outside the property line of the property from which the emission originates. 11. Noxious Weed Management. Operator shall maintain a noxious weed management plan consistent with the requirements of Garfield County, Colorado and the COGCC Series 1003.f. and 1004.e. rules on noxious weed management. 12. Visual Impact Mitigation and Reclamation of Wellsite Locations. Operator agrees to construct each Wellsite Location to mitigate visual impacts, including specific Wellsite Location requirements described in Exhibit C. As soon as reasonably feasible (and consistent with hest practices and growing seasons), Operator shall commence interim and final reclamation operations as per COGCC Series 1003 and 1004 rules. The timing to begin such reclamation operations will he determined in good faith negotiations between Operator and Owner, The reclamation standards are set forth in the attached Exhibit D, Reclamation Plan. 13. Environment and Safety. Operator will comply with all applicable COGCC, Colorado Department of Public Health and Environment (CDPHE), Environmental Protection Agency (EPA) spill control, cleanup, and reporting requirements, the Comprehensive Environmental Response, Compensation and Liability Act ("CFRCLA"), The Resource Conservation and Recovery Act ("RCRA") the Oil Pollution Act ("OPA") and the Clean Water Act. a. Sanitary facilities will be on site at all times during drilling, testing and completion operations. Sewage will he placed in a portable chemical toilet. The toilet will he replaced periodically utilizing a licensed contractor. Toilet contents will be delivered to local wastewater treatment facilities in accordance with state and county regulations. Disposal will be in accordance with the State of Colorado and Garfield County rules and regulations regarding sewage treatment and disposal. 9 b. All refuse, trash and other solid waste, (including cans. paper. cable, etc,) generated during drilling. testing and completion operations will be contained in enclosed receptacles. removed from the location promptly, and hauled to an authorized disposal site. c. Immediately after completion of construction, all debris and other waste materials will be cleaned up and removed from the location. d. All project -related activities involving hazardous materials use will he conducted in a manner that minimizes potential environmental impacts. Operator shall maintain a file of current Material Safety Data Sheets (MSDS) for all chemicals, compounds, and/or substances that are used in the course of site preparation, drilling operations, production operations and reclamation. Compliance with the foregoing will be governed by the rules and regulations of the Colorado Oil and Gas Conservation Commission. c. Any spills of oil, gas, or any other potentially hazardous substance shall be reported to (and within the timeframes specified by) local authorities, state authorities, federal authorities, and other responsible parties as required under EPA regulations — 40 CFR part 1 10, Discharge of Oil regulation, and 40 CFR part 112. Oil Pollution Prevention regulation, and COGCC and CDPHE spill reporting requirements. Such event shall he mitigated immediately, as appropriate, through cleanup or removal to an approved disposal site. g. Operator will implement a spill prevention, control and counter measure control pian (SPCC). No hazardous materials in toxic concentrations will he permanently scored on any Wellsite Location. Hazardous materials for use in the production of oil, gas or water will be allowed but will be stored and in use in reasonable quantities necessary for Operator's activities on such Wellsite Location. No bulk storage of hazardous materials is allowed. Operator shall ensure that all personnel and contractors employed in operations shall receive appropriate training in safety and environmental protection practices as required by state and federal laws and regulations. h. Operator shall not house employees on the Property on a temporary or permanent basis without the express written consent of Owner. Notwithstanding the foregoing, Operator is permitted to allow key personnel to reside temporarily on Wellsite Locations provided such personnel are, in Operator's and Owner's jointly held opinion, necessary to maintain a safe operation. The Operator will conduct and maintain its operations in a safe manner and protect the public from any hazardous conditions. In the event of an emergency. Operator will take immediate appropriate action to safeguard life and prevent significant environmental degradation. 14. Emergency Communications. Operator will comply with all local, state and federal reporting requirements in all emergency situations. Emergency contact information 10 shall he posted in a conspicuous location on the Property, In the event of an emergency requiring communication with the community, Operator will coordinate with the Garfield County Emergency Communications Authority to immediately contact surface owners living within 1,000 feet of such emergency. Further, Operator shall immediately contact Owner's representative advising of that emergency situation 15. Operator's Sole Risk; Insurance. a. Operator shall conduct all operations on the Property al its sole risk, cost and expense. Operator assumes all risk and liability of any nature incident to, occasioned by or resulting in any manner, directly or indirectly, from Operator's operations hereunder, h. Operator shall carry no less than $5 million in general liability limits for any one occurrence and S10 million in the aggregate, and shall name the Owner as an additional insured with respect to the liabilities assumed hereunder. 16. Surface Damage Payments. Operator shall conduct berating and landscaping at the Wellsite Locations as described in Exhibit C. The referenced perming and landscaping is not intended to waive any right or remedies the Owner may have. including the right to damages, if it is determined that the conduct of Operator, or its agents. employees, successors or assigns exceeds the scope of the those rights granted herein or Operator is in breach of its duties under this Agreement. 17. Owners' Utilities. To the degree that Operator requires any utility lines (i.e. communication, electric. etc) to service any of the facilities depicted on Exhibit B, Operator agrees to locate such utility lines underground at Operator's cost. 18. Compliance with Colorado Oil and Gas Conservation Rules and Regulations. Operator agrees to comply with all of the applicable rules and regulations of the COGCC concerning the development of the Property for oil and gas exploration, drilling, production and the Property's reclamation. Provided, however, that Operator has complied with applicable requirements of the COGCC Regulations for well permitting. Owner agrees, for itself, its successors and assigns. that it shall execute written waivers to allow the COGCC to issue permits to drill wells in the Wellsite Locations shown on Exhibit B, including without limitation, waivers of any setback requirements imposed by the COGCC's High Density Development Area regulations. 19. Indemnification. All use and occupancy of the surface of the Property of Owner, its successors and assigns, by Operator, its agents, employees, contractors, subcontractors, representatives, agents or assigns, shall he at the sole risk of Operator. Operator hereby agrees to indemnify, defend and hold harmless Owner, its employees, customers, golfers, agents, guests, successors and assigns from and against any and all losses, costs. damages, claims awards, attorneys fees (including Owner's attorneys fees and litigation expense, provided such fees and expenses are reasonable), expenses, demands, judgments or liabilities resulting from injuries or death of any person whomsoever, or losses, damages, destruction, pollution. hazardous material spills, discharges to any of Owner's or any third parties' 1I property whatsoever caused by Operator's oil and gas activities and operations at and below the surface of Battlement Mesa PUD, or by Operator's agents. representatives, contractors, and employees. Specifically excepted from Operator's toregoing indemnity in favor of the Owner shall he those losses suffered by Owner (or other third parties) that are caused by the negligence or fault of the Owner, or Owner's agents, contractors, subcontractors, representatives, or assigns. Operator further agrees to indemnify, hold harmless and defend Owner, its employees. agents, subcontractors, representatives, successors and assigns from any liability which may be asserted or determined by any individual, legal entity, county, state or federal agency based upon a violation of any of the provisions of CERCLA. RCRA, OPA, the Clean Water Act or common law resulting front the actions or inactions of the Operator on the Property. 20. No liens. Operator shall keep the Property free and clear of any and all liens for labor or work performed by it or its contractors and subcontractors upon the Property relating to its oil and gas exploration, development or production operations or for materials furnished thereto. Notwithstanding the above, Operator may contest the validity of any alleged lien, including the enforcement thereof. Operator agrees to pay any and all property taxes, assessments, governmental charges imposed upon its interest in the Property and upon any building, structure or other improvements, equipment or personal property placed or erected upon the Property. 21. Term. This Agreement will remain in effect for as long as Operator, its successors, or assigns is utilizing the easements granted under this Agreement, with no inactivity of greater than 24 continuous months (excluding event of force majeure). BMP-ExxonMobil SUA Superseded in Part. Operator and ExxonMobil acknowledge that Owner is in the process of developing the Battlement Mesa PUD. ExxonMobil, Operator and Owner agree: (i) that future Wellsite Locations, wells and/or production facilities shall be placed; and (ii) that the real estate situated in Battlement Mesa PUD shall be developed, in a manner consistent with this Agreement. To the extent this Agreement is in conflict with the BMP-ExxonMobil SUA, this Agreement will prevail as among the parties. It is expressly understood and agreed that ExxonMobil is joining in this agreement solely for the purpose of being bound by this paragraph, and, paragraphs 23 to 24 and paragraph 26 below, and that the other terms and conditions of this agreement shall he between Owner and Operator, and shall not he applicable to ExxonMobil. 23. Successors and Assigns. This Agreement is binding upon the successors, heirs and assigns of Owner, Operator and ExxonMobil. 24. Counterparts/Facsimile Signatures. The Parties may execute this Agreement in any number of counterparts, each of which shall he deemed an original instrument, but all of which together shall constitute but one and the same instrument. The Parties agree that facsimile signatures are binding. 25. Breach. The Parties acknowledge that, in the event of a violation of this Agreement by either party, the breaching Party shall pay any actual damages found by the trier of fact to have been caused by such breach. In any litigation related to this 12 Agreement. the prevailing party shall he awarded its costs and tees, including without limitation. reasonable expert fees and reasonable attorney fees. 26. Notices, Any notice or other communication required or permitted under this Agreement shall he sufficient if deposited in the Ct. S. Mail, postage prepaid. or sent via expedited delivery service, with proof of delivery, or by facsimile transmission with proof of receipt by the notified party, addressed as follows: 11' to Operator: Antero Resources Piceance Corporation Attn: Vice President- Land 1625 Seventeenth Street. Suite 300 Denver, Colorado 80202 Facsimile 303-357-7315 Telephone number 303-357-7310 If to Owner: Battlement Mesa Partners, LLC Attn: Eric Schmela P.O. Box 6000. Parachute. CO 81635 Facsimile 970-285-9035 Telephone number 970-285-9740 If to ExxonMobil: Exxon Mobil Corporation Attn: Land Supervisor P0. sok Yb to Ho u rho., 7eXai Facsimile 713-431-1467 Telephone number 713-431-1456 772 — S/6/o 27. Annual Consultation with Owner. Operator aggrees to meet annually with Owner at a mutually agreeable time and place to discuss Operator's planned upcoming year's Oil and Gas Operations including, but not limited to, drilling activity. Ten dans prior to this meeting, Operator shall provide to Owner inwriting its planned siieduled activities. Operator agrees to provide Owner written notice, immediately, of any change to Operator\ stated schedule at any time such change is made. Further, at this meeting. Operator and Owner shall address Owners concerns about past, present and the proposed future Oil and Lias Operations at Battlement Mesa PUD. This Agreement may be amended only by means of a mutually executed written letter agreement. 13 IN WITNESS WHEREOF, this instrument is executed as of the date first above written. OWNER: Battlement Mesa Partners, LLC OWNERS: Battlement Mesa Land Investments, LLC Battlement Mesa Land Inmestments Parcel 1 LLC Battlement Mesa Land Investments Parcel 2 LLC Battlement Mesa Land Investments Parcel 3 LLC Battlement Mesa Land Investments Parcel 6 LLC Battlement Mesa Land Investments Parcel 7 LLC Battlement Mesa Land Investments Parcel ()HS LLC Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC Battlement Mesa Land Investments Parcel Fairways LLC Green Head Investments 1 LLC Burning Rock B2L2 LLC MC V2 Church Site LLC Battlement Mesa Golf Course, LLC Saddleback Village Convenience Center, LLC Willow Park Apartments LLC Battlement Mesa Land Investments Parcel 1-A, 1.LC Paradise Valley Minerals LLC Battlement Mesa Land Investments Town Center 1 LLC Battlement Mesa Land htkestments Town Center 2 LLC Battlement Mesa Land Investments Town Center 3 LLC Battlement Mesa Plaza Town Center, LLC Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC Battlement Mesa Land Investments ( )ES LLC Battlement Mesa RV Park LLC Battlement Mesa RV Storage LLC Battlement Mesa Office I LLC Modular Homes LLC Tamarisk Village Pads, LLC Willow Ridge at Battlement Mesa LLC Battlement Mesa Parcel 5 LLC Battlement Mesa Lot Holdings LLC Battlement Mesa P• rtes LLC Nance: Eric Schme Title: AuthorizCcl-A ent 14 02 OPERATOR: Antero Resources Piceance Corporation Name: Brian A. Kuhn Title: Vice President EXXON MOBIL CORPORATION: L. ,i Name: (,� Jnhn C'/Rothwell Title: Ag 9yd and Attorney -in -Fact / Aleaf- ACK NOWL EU( MENTS STATE OF COLORADO COI `N'IY OF DENVER The foregoing instrument as acknowledged before me on this day of _ . 2009. by Eric Schmela. Authorized Agent for Battlement Mesa Partners, LLC a Colorado limited liability company d/b/a Battlement Mesa Company. and Battlement Mesa I..and Investments. 1.1X'. Battlement Mesa land Investments Parcel 1 LLC, Battlement Mesa Land Inresttnents Parcel 2 1.L('. Battlement Mesa Land Investments Parcel 3 1.1.,C, Battlement Mesa I...and Investments Parcel 6 1._LC. Battlement Mesa Land Investments Parcel 7 LLLC. Battlement Mesa land Investments Parcel OIIS LL(', Battlement Mesa Land Investments Parcel 5-1. TR K3 and 4 1.I.(', Battlement Mesa Land Investments Parcel 5-2, TRK 5 1.L(', Battlement Mesa L_ancl Investments Parcel 5-2. TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC. Green Head Investments 1 L.1.('. Burning Rock B2L2 LL('. MCV2 Church Site LL('. Battlement Mesa Golf Course, 1.1.(', Saddleback Village Convenience ('enter, 1_LC, Willow Park Apartments LLC. Battlement Mesa Land Investments Parcel 1-A. LI_(', Paradise Valley Minerals 1..l.(', Battlement Mesa Land Investments Town ('enter 1 LL.('. Battlement Mesa Land Investments 'l own ('enter 2 1..L('. Battlement Mesa Land Investments Town ('enter 3 1..L.C, Battlement Mesa Plaza Town Center. LL('. Battlement Mesa Land Investments Parcel 5-1, TRK 2 Ll.('. Battlement Mesa Land Investments ()ES L1.('. Battlement Mesa RV Park LLC, Battlement Mesa RV Storage I.L.C. Battlement Mesa Office I LLC. Modular Homes 1.1.C. Tamarisk Village Pads, T,If. Willow Ride al Battlement Mesa LI,C.. Battlement Mesa Parcel 5 I_L('. Battlement Mesa Lot Holdings LLC, on behalf of said entities. Mv Commission Expires: My Commission Ezpxes 09/21/2012 - LO Notary Public. Slate of Colorado STATE OF 'TEXAS C'OUNIY OF IIARRIS 3 ti The foregoing instrument was acknowledged betore me on this /1 day of �c. , 2009, by John C. Rothwell, Agent and Attorney -in -tact for EXXON MOBIL. C PORATION, a New Jersey corporation, on behalf of said corporation. M , Commission Expires: =1L Y RA JOHNSON 2 NotaPublic State of Texas Comm. Exp. 10454010 l• STATE OF COLORADO C'OUNI'Y OF DENVER 3 ti N,t taly Public,/ ate of Texas The foregoing instrument was acknowledged before me on this / 4'' day of __• 2009• by Brian A. Kuhn. Vice President, for AN11 RO RESOURCES PI(_AN('E CORPORATION, on behalf of said corporation. My Commission Expires: _ Vi3 j11 Notary )ubli KELLY HUFFMAN NOTARY PUBLIC STATE OF COLORADO to of Colorado MY COMMISSION EXPIRES 08/03/2011 1 5-2 Exhibit A Description of Battlement Mesa PUD ; f ; t nt-- 5 6 7 , , ...• • 95 West_ ar,d Eecticrls Scut.h, nge 96 Wt, of thef"..ixth Ccunt y -;:ax 1 1 d stbLe of Col c.,rc,do, ;.• 1 a 1: dcj bd fol owe the Fast 1:4 Cotner rf Sectical T:iwrIshIp ;--.3nge 95 West; lhE.nce along the East f ection SoUtsh 00'1'14-J° a disti.nce of1C-ifi 34 luet, to the Southeast Ccrlier H1/2 IJE1/ ,F3/4 SE1/4 of 'id Section 5; ung the ine of the 2 11E1/0 SEll ,-,E3.,/4 • .739'O west of ji t.o the c:jvetroT of said !q1/2 Nr1 • eicn1-:; the 1,;i -:t )1.m: ot tht •sE1/4 5, jtYLast a disti)nce c,:i2 j4 c -f SE:d SE/' St2/4; t,h{: .:;!•.• of the,. E L SE1/ cf r L ,di$1, ct E 671. pet • t t ctEt t.C• 11E, ; • • • f• '4 ; • `1,; 4 '• Sect S out h ) feft tc., 11,e t k- Or 1CP ‘," Townst;ip 5943" IT:ass_ a distance of t c?. ric-r• c the IN1/4 1;1,6- W1/4 et Ftio of•'(') c,;•• 1W1/4 tiW1/4', 1 144. i;c1 th I ne 4-)1 t he. St 1;4 1-4%.71/ of !"' • t1-; LI L2Y Laut E d!fitance nf 1124_15 lf,c,1 r •& t rc.:1• 1.“3 id 9E1;4 W1/4Il; sh. L1.2ns uf t.he E: -W5 ,4 NE1Y 4 of r j , w Last distance of 377!-..te 1.11..4 Cc...,rr of Ez,ia 1•.;V11..4 NE1/4; the ii1r,e of the t1E.1/4 of Faid -•, Y,rti h 01'0,.'35.' East a distithce 2-;1.4 fee? ! f41!1.1.;t CrrE NEI/A 1E1i4; t he: Not t1 iri.e (A. 66 id f.:eCt ion 9, SOuth 16 LL'06 i 47c icet to thP Li-nPI of c4id Section 9; r:;,„7,f„. (Imo: the Ltst 1;re of said ecti(m 9, Scutt, 01 00'49" 1,,st a Oistance of la?),;1? tett, t(d the LL :-. 1 1.a;,,Er ot the tElit Nr/./4 et said Sectaon 9; , ‘[e N:rth 11re tt the F1/4 1V1/4 ef Section South 1,inc.:Te 95 West, South 66'46'55* East feet tc roint on the North line of c 111'1:4, ft WrSr ct the Norrheest ['Iost Le shad sW1/4 NW1.(4, said point being the Nerth..,est ccfnel ct ttat rarcel cf land :Icscribed in Documert NurtLer i9St,t4 recoided In Hock J02 at Page 200 of the records or the [ [ert and Yeocrder of Garfield Ceun y; lhence aJoh,j tte tc:Irdary of five (1) courses: (1) south u0'49'34* West a distance of 221,67 feet, (2) South 413'CS'56" Fast a distance of 361,92 feet to 6 'Lint 456.00 feet, es measured at right angles, southerly from the North line of the SW1/4 rn11/4 of said Section 10: (3) South E91714," East a distance of 166,5ik feet; t4) South 0044R'34West a distance of 201,43 feet; r) South E1927'47' East a distance ot 246,3; feet; to 6 p:int ou the East line of said SW)/4 NV1/4 655.feet South or the Northeast Ccrner of said W] /4 NW1/4; Ihenc(: driarting bead e1 htuhdary tiong the•Last line of the w1/4 KW1/4 taid Section 10, South 00'54'36' West a. ti.;etance of (6'7.2r, fest the Southeast Cornet of 5W1/4 NW1/4: r)ohg the Fast 1rne of tna NV1/4 SW1/4 of said jtr, South 12,0'f:4':',E' w‘tt a dIttehce of 1115.11 feet ._(.• the Scuthcast Corner cl said 1W1/4 SW1/4; a;erg the South line ot the NW/4 EWI/4 Or 6,ZIld c:r, worth 69'11'04' Vest a cli.L1ce of 1324.06 feet to the Southwest Corner of saad NW1/4 SW1/.( .'il,eneo clang the South line of the H1/2 SElit of Section 9, ToWnship 7 South, Pangs, 9- West, North C719'11' West a :iFlt.nrc 25!;7,4 tett to the Southwest Corner cf 8e,fc the South 2rie of the. tl./2 SW1/t ot Section i•t.'(U'(A' West t distance of 2t,S4.“ lett to tht r ct said N1!2 t14. South line ct WE1,4 SE1,•4 of Section FI, ? r,nutt,, kange 95 vett, Nuatt fr6'43'W Petit. a Oistence or 1331-32 feet to the Foothwest Cerrier of said NE'i/4 FI/4 ct Eectipm C; "'here tlont the Vest )Jhe of the SE(I4 SF1/4 of 5t,ffic-'11 r, Vttt, oistance of 1316,23 feet to the 17 CI F,A;t7EI. SEI/4 ot Se,...tion 6; 'fhehLe elcng Lhe Lct lie of the WI/2 NE1/4 of Section )% e distance of 2E39.i6 feet to the roihei of r.a:d NE1/4 of Section 17; Thcr,ce a;orla the Nci-th 11:.e Nhi/4 F'N/4 cif Section 17 futh EIR'46'14" Ist. distahe t 1714.13 feet to the E1/4 Ccrnez of Section 17; '1!,ehce along the U-acteri,:' line of the NE1/4 5E1/4 of S.ton 17, Sot1th West a nistance of 1320.50 feet. to the Southeast 2rr.E.1. of the NE1/4 SE1/4 of Section 17; IliEN:2C along the H, c.f the SW1/4 SV1/4 of Section 16, Township 1 Sauth, Ft 9west, South 6'741'13* Fast a distance of 13.10.94 feet to the Northeast Cornet of said SW1/4 SW1/4; Thence along the fast line cf the €W3./4 S.141/4 of Section 16. South 010330" West , distance of 132?,00 feet to the Southeast Cotner of said SW]/4 SW1/4; Thence alono the Eouth 21ne of eald Section 16 North 67-37'ib* West a distahce of 1310,20 feet to the Southwest Cornet c...f said Section 15; Thence along the South line of Section 17, Township 7 South, Ing: 95 West, North S644'01* West -a distance of 1964.49 feet to the Southwest Comer of the E1/2 SVI/4 SE1/4; Thence sloci the West line cf the E1/2 SW1/4 SE1/4, North 00.5911* East, a distance of 1..119,5.1 feet to the Ncrthvest Corner et eaid r1/2 5W1/4 SEI/4 Theroe along the South 1ine of the NW1/4 SE1/4 of said Section 1-.1 11ort1 Wect a distance of 661.78 feet t he Southwest f of Eaid 14W1/4 5E1/4; !•_lc:ng the f.cut h lic of the NEI/4 SWI/4, Nortb WcFt f dictahcc cf 1)58.56 feet to s point to Et t) :th'tst Corner of sio fgEl/4 SW1/4: res.t iii0.67iCE of 7A11.93 feet '.:',.r & tance cf 165.6:1 feet; distante of !)27.66 feet, the VeEt )ihe of the WE1/4 SW1/4 to the Northeast C-fr Oi the- KW1/4 SW1/4; Thenct orth ,A.:1445'31` WeFt. 1324.42 fect to the Hortheaet Cornel of the F1/2 nr.1/4, NE1/4 Sfl,'4 of SecLion mutt c,.6 West; Thern7 tIng tnfth of the t1/'.! SrI/4 PE1/4 5r)/4 ,TrT 7 tt; e 0.16tL7)ue of feet 1,- h,:.tne; t.f thid F1/Z SE1/4 nE1/4 Thence r.long line the 1.1/:SL)' 4 ?.E1/4 sr1/4 of raid Sectic.v outh 00'51'57' West '. distaocc c)f 659.61 feet to the icothwest Cornei of f:a..)c) E1/2 SE1/4 VE.1±4 5E1/4; 18 Thsrce tte -cJuth 6( th NEI/4 5E1/4 of eaicl )6, N,:.,,rth t:4.5„t a distance cr t,89,64 feet to L.:::11h%;c1A t.crL of 6416 1/4 tEI/4f Ihurxe alQn9 the Eetst 11:-e ct the ....t41/4 SE1/4 1 seid S(141, la, otrt,5';2' t distance of 1,46 fEet tf,-, the f:otheast c,ther of raid SW1/4 SE1/4; 1!,chce olchg trle te :t the 4,1/i Nr)/4 of Eertion i9, 7t::tzhiy, 7 .':cuth, wes:t, South 01'*6'34'w"st e clistence or 2t,'-42 feet 1_.) the .Sc,utheast Corner of :aid W•1/2 PE)/4; rhence r,Acng the 1jne of the )4E1.24 of ;4e.c.tion 19, tzrth b ditenc:e t,1" 1129,69 feet to the South% -,s t,id N1.114; Thence acrul tnfi SoUth tthe ot the 11441,'4 of t,eid 19, Nort1 L'4I'12West 21170.36 feet t.T. _hZ E7,,2,!% est Corncf t id U1/4 cf Section 19; lhence =lung tile south line ot the • ot 24 TcwhLhip 7 South, Range 96 West, Horth P937'41' tust a gliit6nce of 2673,12 feet tc the Southwest Corner of said NE1/4; 'Thence along the Vest line of said W61/4, 1.:r.t.11 00'23'5b' West 1023.06 feet: Thence Notth 012)342° rata • feet; 'Thence Worth C6'1104* West 226.83 feet; Thence Worth 34.2?'42' Fast 16)3.01 feet; Thence Worth 613'52'34:,' West 202.02 feet; Thence Wrath 0000'00' Last 461.13 feet; Thence Pulth E1.'10't'0° Uest ▪ feet tc the centeriSne of the Co)oredo RivPr: Thenoe 62ohg said CtntEl• COU7-tie5 dietanres; Worth 26-2L'25' r.art 232.98 tet. North ,'it 206.15 feet; Nortr 1:.2:aut f44..58 feet; North 25'2!';'' Cest f29.36 feat: North 40'2412),Y. Last !..9.66 feet; North 36'27'25' East t50.0!, feet; Worth 3,4'54'2' Et: 163.27 fee.t; hcrth 32 264,7!'., feet; North 60'36'2t,:*. East 6E6.79 feet; HD1(b 7221'50' Easl_. 390.Ve feet; North 16'27',12" East 2tl.;:2 feet; crt 'r7'41'27° 17,,i,st. 463.54 feet; ";9*S3'07'' Lest 2P).c,,te feet; rorth n at ei.) ftfUt: Lt.bt 257,69 feet; North 2r-17'27' Lest 312 44 feet; )4A—th LW: 22t-43 feet; Fust 157,2) feet 19 f(et; 1-h,t:J'1'16" Last 109.42 tett: -4*(-,2'49° vast ftst: Ncrth 76'1908East 1t4.11 feet; YL i40 20 East 444.46 fest: ;nit' re-st )49.37 tett: kort'l 26'41'02' East 150.4 feet: voftn .141:3-:5' East t11.69 feet: t..446" Fast 241.07 fcet; re5F.-;. 996.76 feet; 'rth West 274.60 feet; tji th'3';'04' East 5 .19 feet; ,:006'11' East 79,68 feet.; Jtth 32'27'46" East 71.69 feet; 'Ihehr :fraying Eaid cle,rado River rentetlirt, a,outh E1"C.f;11' Ft Y2.6.15 feet; Tnefl,7-4, ::111-; U104'10' East a dIstahce of 4S9.22 feet; Thsh;:e e4'36" Etat a d.stance of 63.00 feetf Thcor:e t:orth t3'25' Fast a distance of C35.50 feet to the Eoti y Right -Of -Way of the existing County Road: 'Thence alutg etici Right -Of -Way South 4314'11' East a oistahce.of fC_R.t4 ThcHca alen9 raid Riunt-Of-Wtyuth J404'07L East 107,02 feet; 7nencE cortinoing elenu said Right -Of -Way South 1.5—,5'44k East C6.55 feet; Th -hoe "e29•164 West tdistanct At 13,t,6 tert; 111thee toJth 79'4)-.1b' West a distance of 74.9 feet: Trehtt Eth 17•2)'26' West 6 distance of 100.52 feeti :'•E'07'27E Wert a diatance of E"3.52 feet: (.8.4f,:'4.1' East h distance ef 65.26 feet to l'est4r1y kight-Or-Way of the existing Cert *aid ot.wby the folio4:Ing couress end fc.uth 3'1'1,R4 Vast A distance• of 50.P4 teLt; Th=.fice , it tlo:'1 the talc 01 ourvt tc tne le.ft hav:40 t raC.:us of l'.3,94 feet, the chord cf said cui.' rs South. East t diEulnr.:6 oi 244.U3 tett' the arc of 2 c.Irve to the lett r_ rt.J: 2,'D.1:1 feetc,ho.d of said c).!;vi Lt,Irt7 1 2reit l'• !0 5 cct1 Ltat e 0,1.411(1. ,1 7.S9ifeet: 're !„cuth LbSt 34:? feet; ME:: h ac] ;uh*.-Of-Way North , ' feet.t 0: 1:ti j:,Lance of 196.00 fect,z 20 Thenie Sctt. r:tst 6 Ottance of 92 IU feet; Then,:ki iJrtb 64'Sfl'00" 1:?,,,t a distance of 12.20 feet. Trence 86 CE' F6st a dirrance of :‘01,C0 fcet; Thence 1th 0136'2P" Last a distance. of 650.00 feet! Nz.)rt W(st a dIstance of 359.65 feet; !Thence Nctth f:tst a uistaixe of 469.21 iCet; ThehLe Nct-th 01'3: IS" Lo!-I:t a distance of E68.40 feet; Ihynce North 0CT.4" Last distance of 355.62 felat Nc.1.1t65'S.t-J3° West a di.stance c.,f 597.54 fcet the cQnterl]ne Gt the Co)olado River; Thence along Laic.; ,enrerie the tollovit? ccurhes distances: Nolth 30.31I'D3* East 126.46 feet; 14,-_,rth 11'14-13' fast 26? 66 feet. North 0..I21',2" East 244.96 feet; North 06"43'.;3" East 149.36 feel; North OS'F4'2.2" West 130.18 tetr North 1E'44144" West 249,11 feet; North 232356* East 595.9-; feet; Hotth 29'3040' East 146.50 feet; North 4321'22" East 4J7.1) feet.; North 53'22'36Last S17.59 feet; Worth 6C)437'24"' East 619.69 feet -7 North '36'44'55° 1-61.. 242_25 feet; North 6F'1839" East 236.76 fecti North 74064. E.3t 340.67 feet; Ncrth Lust 446.66 feet:7 North 86'4'46" East 270.56 feet.; Ecuth 63'..i7r East 19268.fee,-; North '76-2'.'*53" Eaa;t 616,91; feet; h'76'29'45° East 48) 00.: 1t1J Fast titL Colclaoci River certerne South 2282.C6 feet elonq the 11he( ctIor Tovnshir% South, Panv3 the .fth Ptinclpal i� 1 to the point he9...nn)n9. 21 Exhibit B Map Depicting General location of Welisite Locations, Access Roads and Pipeline Easements (Plat follows) 22 1111 101.11714/111MAINAINWRIP.Irig IIIii 1111 Reception#: 740298 12/31/2007 12:01:32 PM Jean Rlberiao 1 of 7 Rec Fee:$36.00 Doc Fee:G.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 3154- day of December, 2007, between BATTLEMENT MESA PARTNERS LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT To THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcel. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. 1'he Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEM a Colorado li By Name: Eri e a Title: Authorized Agent PARTNERS LLC ity company t. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this cab day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Partners LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: (liNpA_65.— , a�tDO 1 ti Notary Public f SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Conimissiao oohs 4610!»009 11 11 Ifl i t ®(7Y 4 17e 1i I1 fh111,11r5010411414 11 RN 11 111 Reception#: 74029B 12/31/2007 12:01:32 PM Jean llberico 2 of 7 Rec Fee:$36.O0 Doc Fee:O.O0 GARFIELD COUNTY CO EXHIBIT A 1. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North Battlement Parkway as recorded under Reception Numbers 398268, whence the Northeast Corner of said Section 8 bears N64°1 1'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Comer of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Southerly Right of Way the following three (3) courses: N77°24'14"W a distance of 104.74 feet; thence 354.34 feet along the arc of a curve to the left, having a radius of 1859.86 feet, a central angle of 10°54'57" and subtending a chord bearing of N82°51 '42"W a distance of 353.80 feet; thence N88°19'11"W a distance of 1641.56 feet to the Northeast comer of Lot 4, Block 2 Burning Rock Subdivision as recorded under Reception No. 371427; thence along the Easterly boundary line of said Lot the following two (2) courses: S00°24'07"W a distance of 614.28 feet; thence S52°46'13"E a distance of 113.13 feet to a point on the Northerly line of a 20 foot Utility Easement No. 34 as recorded under Reception No. 362181, also being the Easterly Boundary line of Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following four (4) courses: S34°36'19"W a distance of 70.30 feet; thence S07°41'56"E a distance of 41.22 feet; thence S33°37'46"E a distance of 327.58 feet thence S03°37'02"E a distance of 348.69 feet; thence N85°30'26"E a distance of 574.39 feet; thence S64°41'02"E a distance of 104.01 feet; thence S44°44'08"E a distance of 201.49 feet; thence S47°29'41 "E a distance of 57.83 feet; thence N86°33'48"E a distance of 63.76 feet; thence N62°39'52"E a distance of 216.09 feet; thence N84°35'43"E a distance of 51.70 feet; thence S59°24'28"E a distance of 33.67 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379,48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 57.68 acres more or less. Said Parcel is subject to easements and encumbrances of record 2. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Comer of said Section 8 bears N51°02'39"E a distance of 4204.64 feet, with all bearings being relative to a bearing of N00°58'l0"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N59°24'28"W a distance of 33.67 feet; thence S84°35'43"W a distance of 51.70 feet; thence S62°39'52"W a distance of 216.09 feet; thence S86°33'48"W a distance of 63.76 feet; thence N47°29'41"W a distance of 57.83 feet; thence N44°44'08"W a distance of 201.49 feet; thence N64°41'02"W a distance of 104.01 feet; thence S85°30'26"W a distance of 574.39 feet to a point on the Easterly Boundary line of Block 2, Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following six (6) courses S45°48'25"W a distance of 298.35 feet; thence S36°45'12"W a distance of 68.78 feet; thence S19°32'24"W a distance of 317.57 feet; thence S 1 8°04'52"W a distance of 162.89 feet; thence S24° 12'31 "W a distance of 23.36 feet; thence S53°01'14"E a distance of 75.63 feet; thence S16°44'l0"W a distance of 733.77 feet; thence S73°15'50"E a distance of 736.08 feet; thence S70°42'38"E a distance of 60.44 feet; thence S84°07'30"E a distance of 64.54 feet; thence S69°57'06"E a distance of 63.31 feet; thence S62°23'49"E a 2 1111 Me !IMAM iUit9,14a4 .111WIf iNidli Kilith 11111 Receptionf: 740298 12/31/2007 12:01:32 PM Jean R1berico 3 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO distance of 69.25 feet; thence S52°57'45"E a distance of 120.64 feet thence S63°09'20"E a distance of 83.59 feet; thence S73°00'34"E a distance of 59.43 feet to a point on said Westerly Right of Way line for Spencer Parkway; thence along said Westerly Right of Way line N30°59'00"E a distance of 150.82 feet; thence leaving said Westerly Right of Way S70°49'20"E a distance of 819.47 feet to the Westerly Boundary line of a Parcel of land described in Special Warranty Deed recorded under Reception No. 727519; thence along said Westerly Boundary line the following three (3) courses: 105.26 feet along the arc of non -tangent curve to the left, having a radius of 1460.00 feet, a central angle of 04°07'50" and subtending a chord bearing of N26°30'21"E a distance of 105.23 feet; thence N24°26'26"E a distance of 486.76 feet; thence 121.62 feet along the arc of a curve to the left, having a radius of 460.00 feet, a central angle 15°08'53" and subtending a chord bearing of NI6°51'59"W a distance of 121.26 feet; thence continuing 74.60 feet along an arc to the left, having a radius of 460.00 feet, a central angle of 09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast Corner of a Parcel of land described under Reception No. 502529; thence along the Southerly Boundary line of said Parcel the following three (3) courses: N56°45'01"W a distance of 317.60 feet; thence N74°24'26"W a distance of 223.22 feet; thence N50°57'10"W a distance of 171.76 feet to the Easterly Right of Way of said Spencer Parkway; thence along said Easterly Right of way 396.39 feet along the arc of a non -tangent curve to the right, having a radius of 950.00 feet, a central angel of 23°54'25" and subtending a chord bearing of N17°54'03"E a distance of 393.52 feet; thence leaving said Easterly Right of Way N35°39'18"W a distance of 108.82 feet to the point of beginning. Said Parcel contains 76.26 acres more or less and is subject to easements and encumbrances of record. 3. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Sections 7, 8, 18 & 17 Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Comer of said Section 8 bears N40°50'16"E a distance of 5894.33 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N73°00'34"W a distance of 59.43 feet; thence N63°09'20"W a distance of 83.59 feet; thence N52°57'45"W a distance of 120.64 feet; thence N62°23'49"W a distance of 69.25 feet; thence N69°57'06"W a distance of 63.31 feet; thence N84°07'30"W a distance of 64.54 feet; thence N70°42'38"W a distance of 60.44 feet; thence N73°15'50"W a distance of 736.08 feet to a point on the Easterly boundary line of Burning Rock Subdivision as recorded May 28, 1986 under Reception No. 371427; thence along said Easterly boundary line the following three (3) courses: S16°44'10"W a distance of 759.48 feet; thence S65°00'15"W a distance of 1143.06 feet; thence S01°42'35"W a distance of 335.15 feet to a point an the Northerly boundary line of Willow Creek Village, Section 2 as recorded December 8, 1981 as Reception No. 322310; thence along said Northerly boundary line the following five (5) courses: S29°17'15"E a distance of 310.72 feet; thence S81°11'11"E a distance of 580.86 feet; thence S58°05'59"E a distance of 115.43 feet; thence N82°36'07"E a distance of 108.66 feet; thence S01 °05'52"W a distance of 159.34 feet to the Northwest corner of a a Parcel of land described under Reception No. 316688; thence along the boundary line of said Parcel for following two (2) courses; S88°54'08"E a distance of 208.92; thence S01°05'52"W a distance of 220.21 feet to a point on the Northerly right of way line of South Battlement Parkway as recorded under Reception No. 398297; thence along said Northerly Right of Way line the following four (4) courses: 132.67 feet along the arc of a curve to the right, having a radius of 622.96 feet. a central angle of 121 2'09" and subtending a chord bearing of S70°23'20"E a distance of 132.42 feet; thence S64°17'16"E a distance of 231.81 feet; thence 264.69 feet along the arc of a curve to the left, having a radius of 522.96 feet, a central angle of 29°00'00" and subtending a chord bearing of S78°47'16"E a distance of 261.88 feet; thence N86°42'44"E a distance of 103.85 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following two (2) courses: 27.09 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 77°36'18" and subtending a chord bearing of N47°54'35"E a distance of 25.07 feet; thence N09°06'26"E a distance of 386.00 feet to a point on the boundary line of First Eagles Point as recorded September 22, 2004 under Reception No. , 3 1111 r! !17 I0111, ,61111,10116WIritIMI N1.1111111 Recept iontt : 740298 12/31/2007 12:01:32 PM Jean Alberto° 4 of 7 Rec Fee:$36.00 Doc Fee:0.00 GRRFIELD COUNTY CO 660191; thence along said boundary line of First Eagles Point the following Seventeen (17) courses: N54°07'28"W a distance of 314.02 feet; thence N55°41'19"W a distance of 265.45 feet; thence N78°39'50"W a distance of 296.32 feet; thence N81°45'01"W a distance of 297.02 feet; thence N81°57'04"W a distance of 145.63 feet; thence N75°45'00"W a distance of 370.19 feet; thence N22°01'45"W a distance of 154.99 feet; thence N06°18'36"W a distance of 114.85 feet; thence N54°39'55"E a distance of 55.12; thence N59°01'20"E a distance of 77.70 feet; thence N72°50'04"E a distance of 193.51 feet; thence S77°45'09"E a distance of 177.92 feet; thence S73°14'55"E a distance of 425.47 feet; thence N54°40'52"E a distance of 470.22 feet; thence S84°56'46"E a distance of 248.40 feet; thence S65°52' 14"E a distance of 148.32 feet; thence S26°51'31 "E a distance of 82.97 feet to a point along said Spencer Parkway Westerly Right of Way the following two (2) courses: 105.35 feet along the arc of a non -tangent curve to the right, having a radius of 650.00 feet, a central angle of 09°17'12" and subtending a chord bearing of N26°20'24"E a distance of 105.24 feet; thence N30°59'00"E a distance of 846.41 feet to the point of beginning. Said Parcel contains 52.80 acres more or less. Said Parcel is subject to easements and encumbrances of record. 4. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line of the East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8 bears N22°42'28"E a distance of 3772.70 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Westerly Right of Way line the following two (2) courses: S01°41'08"W a distance of 407.27 feet; thence S00°59'21 "W a distance of 865.52 feet to the Northeast Comer of a parcel of land described in the Special Warranty Deed recorded under Reception No. 727519; thence along the Northerly boundary of said School Parcel the following seven (7) courses: N76°07'19"W a distance of 854.61 feet; thence N08°46'47"E a distance of 418.88 feet; thence N82°55'19"W a distance of 44.28 feet; thence N63°58'43"W a distance of 279.40 feet thence N57°4847"W a distance of 115.39 feet; thence S74°08'54"W a distance of 55.18 feet; thence N61°13'35"W a distance of 27.90 feet; thence 74.60 feet along the arc of a non -tangent curve to the left, having a radius of 460.00 feet, a central angle of 09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast corner of a parcel of land described at Reception No. 502529; thence along the Easterly boundary of said parcel N00°00'00"W a distance of 442.32 feet; thence leaving said Easterly boundary N52°24'27"E a distance of 88.42 feet; thence S64°18'03"E a distance of 428.17 feet; thence S83°43'30"E a distance of 172.14 feet; thence S54°03'08"E a distance of 109.24 feet; thence S71°06'37"E a distance of 73.94 feet; thence S67°01'27"E a distance of 419.92 feet; thence S49°57'25"E a distance of 110.81 feet to the point of beginning. Said Parcel contains 35.67 acres more or less. Said Parcel is subject to easements and encumbrances of record. 5. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North & East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8 bears N64°1 1'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Comer of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said Southerly & Westerly Right of Way line the following three (3) courses: S77°24'11"E a distance of 343.47 feet; thence 1512.78 feet along the arc of a curve to the right, having a radius of 1095.92 feet; a central angle of 79°05'22" and subtending a chord bearing of S37°51'33"E a distance of 1395.50 feet; thence S01°41'08"W a distance of 1038.62 feet; thence N49°57'25"W a distance of 110.81 feet; thence N67°0I'27"W a distance of 419.92 feet; thence N71°06'37"W a distance of 73.94 feet; thence 4 e ITWANJININ�INr,i, wilt .��� 11111 Rception#: 740298 12an Alberco /31/2007 of�72Reo Fae0$36?00MDoc JaFee:0.001GARFIELO COUNTY CO N54°03'08"W a distance of 109.24 feet; thence N83°43'30"W a distance of 172.14 feet; thence N64°18'03"W a distance of 428.17 feet; thence S52°24'27"W a distance of 88.42 feet to the Northeast corner of a. Parcel of land described at Reception No. 502529; thence along the Northerly boundary line of said Parcel the following two (2) courses: N49°20'08"W a distance of 359.28 feet; thence N79°37'28"W a distance of 224.18 feet to a point on the Easterly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence N35°39'18"W a distance of 108.82 feet to a point on the Westerly Right of Way line of said Spencer Parkway; thence along said Westerly Right of way the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right, having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 56.17 acres more or less. Said Parcels are subject to easements and encumbrances of record. 6. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Easterly Right of Way line of the East Battlement Parkway as recorded under Reception No. 398268, whence the Northeast Corner of said Section 8 bears N29°49'10"E a distance of 2672.29 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said Easterly Right of Way line the following two (2) courses: 126.66 feet along the arc of a curve to the right, having a radius of 1195.92 feet, a central angle of 06°04'05" and subtending a chord bearing of S01°20'54"E a distance of 126.60 feet; thence. 501°41'08"W a distance of 1445.16 feet to a point on the boundary line of said unplatted lands of Battlement Mesa PUD; thence along said boundary line S88°43'14"E a distance of 993.55 feet; to the Southwest Corner of Lot 1, Block 1, The Highlands Filing 1 according to the Final Plat thereof recorded under Reception No. 344062; thence along the boundary of said Lot 1 the following six (6) courses: N01°16'46"E a distance of 325,00 feet; thence N 16°26'22"E a distance of 62.35 feet; thence N48° 16'46"E a distance of 58.00 feet; thence S88°43'14"E a distance of 180.00 feet; thence 501°16'46"W a distance of 60.00 feet; thence S35°04'04"E a distance of 97.85 feet to the East Boundary Line of said Section 8; thence along said East Boundary line N01°33'31"E a distance of 1028.10 feet to the East 1/4 Corner of said Section 8; thence continuing along the East Boundary line of said Section 8 N00°58'10"E a distance of 96.88 feet; thence N81°37'17"W a distance of 1300.28 feet to the point of beginning. Said Parcel contains 41.35 acres more or Tess. Said Parcel is subject to easements and encumbrances of record. 7. Tract 3, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 8. Tract 4, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 9. Tract 5, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 10. Tract 6, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 69197 11. A parcel of land situated entirely within a tract of land described at Reception No. 408506, also being entirely with the Battlement Mesa P,U.D., County of Garfield, State of Colorado, Sections 7 and 18, 5 1111 ft 11111 Reception#: 740298 12/3112007 12:01:32 PM Joan Alberico 6 of 7 Roo Fee:$36.00 Doc Feo:0.00 GARFIELD COUNTY CO Township 7 South, Range 95 West of the 6'" Principal Meridian, being more particularly described as follows: Beginning at the northwest corner of The Fairways, Phase I, recorded as Reception No. 530565 also being on the east right-of-way line of Battlement Parkway West; thence along the easterly right-of-way of said Battlement Parkway West of the following three (3) courses: 471.88 feet along the arc of a curve to the right, having a radius of 950.00 feet, a central angle of 28°27'35", and subtending a chord bearing N 61°01'12" E a distance of 467.04 feet; thence N 75°15'00" E a distance of 340.50 feet; thence 429.83 feet along the arc of a curve to the left, having a radius of 550.00 feet, a central angle of 44°46'40", and subtending a chord bearing N 52°51'40" E a distance of 418.98 feet to an angle point along the westerly line of Lot 1, Block 2, Burning Rock Subdivision recorded as Reception No. 371427 of the records of the Clerk and Recorder of said Garfield County; thence the following four (4) courses along the westerly boundary of said Lot 1; S 51°00'00" E a distance of 186.70 feet; thence S 00°00'00" E a distance of 310.00 feet; thence S 55°29'30" W a distance of 754.25 feet; thence S 30°40'00" W a distance of 605.59 feet to the north line of Willow Creek Village, Section No. 2, recorded as Reception No. 322310 of said Garfield County records; thence N 57°39'08" W a distance of 277.40 feet along the north line of said Willow Creek Village, Section No. 2 to the southeast comer of said The Fairways, Phase 1; thence along the easterly and northerly boundary of said The Fairways, Phase I the following thirteen (13) courses: N 00°31'24" W a distance of 20.64 feet; thence N 12°20'4I" E a distance of 44.00 feet; thence 23.36 feet along the arc of a non tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°12'39", and subtending a chord bearing N 33°03'00" W a distance of 21.07 feet; thence 33.36 feet along the arc of a compound curve to the right, having a radius of 100.00 feet, a central angle of 19°06'41", and subtending a chord bearing N 21°06'40" E a distance of 33.20 feet; thence N 30°40'00" E a distance of 235.19 feet; thence 50.32 feet along the arc of a curve to the right, having a radius of 200.00 feet, a central angle of 14°25'00", and subtending a chord bearing N 37°52'30" E a distance of 50.19 feet; thence 23.54 feet along the arc of a curve to the right, having a radius of 15.00 feet, a central angle of 89°53'50", and subtending a chord bearing S 89°58'05" E a distance of 21.19 feet; thence N 44°58'50" E a distance of 44.00 feet; thence N 45°01'10" W a distance of 145.40 feet; thence 23.54 feet along the arc of a compound curve to the right having a radius of 15.00 feet, a central angle of 89°54'04", and subtending a chord bearing N 00°04'08" W a distance of 21.19 feet; thence N 34°52'57" W a distance of 44.66 feet; thence 23.40 feet along the arc of a non -tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°22'04", and subtending a chord bearing N 89°42'12" W a distance of 2 i.10 feet; thence N 45°01'10" W a distance of 163.18 feet to the point of beginning. 12. Being a 36.77 acre parcel of land situated in the East half of Section 13, Township 7 South, Range 96 West of the 6th P.M., County of Garfield, Colorado, and being more particularly described as follows: Commencing at a point of reference for the southeast corner of said Section 13, and considering the line between the southwest quarter of Section 18 and the southeast quarter of Section 13 to bear North 01°05'12" East with all bearings contained herein relative thereto; thence North 41°18'27" West 1906.04 feet to the point of beginning; thence South 75°25'51" West 1807.59 feet to a point on the boundary of the Battlement Mesa P.U.D. (Reception No. 333476); thence along the P.U.D. boundary the following seven (7) courses and distances: 1. North 30°21'25" East 80.00 feet, 2. North 35°25'25" East 644.58 feet, 3. North 29°17'25" East 829.38 feet, 4. North 40°24'25" East 99.86 feet, 5. North 36°27'25" East 150.05 feet, 6. North 34°54'25" East 163.27 feet, 7. North 31°12'21" East 266.75 feet, Thence departing said P.U.D. boundary and along the following two (2) courses and distances: 1. South 43°12'52" East 843.18 feet, 2. South 02°21'22" W. 807.89 feet to the point of beginning. 13. A tract in the S1/2 of Section 13, Township 7 South, Range 96 West of the 6`" P.M. more particularly described as follows: 6 1111 1#1. i4All����t3/411 y'frMrlidi'f{igt &fill �llll 98 2/31/2007 12;01: 2 PM Jean Alberico 7 of 7 Rec Fee:S36.00 Doc Fee:0.00 GARFIELD COUNTY CO Beginning at the southeast corner of Section 13, thence North 55°225'29" West 1180.60 feet to the point of beginning; thence South 59°29'16" West 1225.50 feet; thence North 88°52'30" West 202.82 feet; thence North 00°00' East 461.13 feet; thence North 81°10' West 955.94 feet; thence North 26°28'25" East 232.98 feet; thence North 30°21'25" East 126.15 feet; thence North 75°25'51" East 1807.59 feet; thence South 20°35'01" East 813.75 feet to the point of beginning. 14. Lot 2, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 15. Lot 1, Block 1, Monument Creek Village, Filing #4, according to the plat recorded January 29, 1986 as Reception No. 368452 16. A tract of land lying, and being situate within Section 19, Township 7 South, Range 95 West, of the Sixth Principal Meridian, in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point on the South right-of-way line of Stone Quarry Road, whence the quarter corner common to Sections 19 and 20, Township 7 South, Range 95 West, of the Sixth Principal Meridian bears South 66°57'07" East, a distance of 2087.56 feet; thence South 01°25'26" East, a distance of 56.90 feet; thence South 64°46'28" West, a distance of 506.10 feet; thence South 86°10'00" West, a distance of 150.04 feet; thence North 69°31'58" West, a distance of 112.58 feet; thence North 07°52'20" West, a distance of 119.40 feet; to a point on the South right-of-way on Stone Quarry Road; thence North 80°15'34" East along the South right-of-way line of Stone Quarry Road, a distance of 738.00 feet, to the place and point of beginning. 17. That property identified as Common Open Space within Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 18. That property identified as Common Open Space within River Bluff Filing 9 — Replat, a part of the Battlement Mesa P.U.D., according to the plat recorded May 7, 1984 as Reception No. 352082 19. That property identified as Open Space within Jack's Pocket Village Filing 5, a part of Battlement Mesa P.U.D., according to the plat recorded February 22, 1988 as Reception No. 389773 20. Tract D, Block 2, The Fairways, Phase [, according to the final plat recorded August 17, 1998 as Reception No. 530565 21. That property identified as Restricted Reserve "B" within Stone Ridge Subdivision, a Resubdivision of Blocks 4, 5, 6, 7, 8, 9, 10 and 11, Monument Creek Village, Section Two, Battlement Mesa P.U.D., according to the plat recorded July 31, 1995 as Reception No, 481259 22. Lot 1, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 23. Lot 3, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D„ according to the final plat recorded May 28, 1986 as Reception No. 371427 24. Block 1, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 7