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1.01 Deeds, Easements & Agreements
Surface Use Agreement Ursa Operating Company, Battlement Mesa Partners, and Battlement Mesa Land Investments Pipeline Grading Permit Application Battlement Mesa PUD Phase I OAProject No. 014-1829 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 fees, 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 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 Exhibit B Map Depicting General location of Welisite Locations, Access Roads and Pipeline Easements (Plat follows) 22 .. so Rscordoet at ) o'c#ock _ pA 1 — 1 —8 Reception No. 408506 ALSDORF, RECORDER GARFIELD COUNTY, COLORADO SPECIAL WARRANTY DEED B lox 769 FaGE5. 8 GARFIELD State Doc. Fee BATTLEMENT MESA, INC., a Delaware corporation, with an address of 800 Bell Street, Houston, Texas 77001, for the consideration of ten dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to BATTLEMENT MESA PARTNERS, a Colorado general partnership,'with an address of 5575 DTC Parkway, Suite 300, Englewood, Colorado 80111, the real property located in the County of Garfield, State of Colorado, more particularly described in Exhibit A attached hereto and incorporated herein, with all its appurtenances, and warrants the title to the same against all persons claiming the whole or any part thereof, by, through or under the grantor, subject to the matters described on Exhibit B attached hereto and incorporated herein. SIGNED this a0= day of December, 1989. T 4,. nn• ATTEST -: -. . Moll „Secretary STATE OF COLORADO SS COUNTY OF ARAPAHOE BATTLEMENT MESA, INC., a Delaware corporation By: Ramu- A tenger, Vice Preside t The foregoing instrument was acknowledged before me this L day of December, 1989 by Richard A. Stenger as Vice President and John C. Moline as Secretary of Battlement Mesa, Inc., a Delaware corporation. LL O SWAB4 WITNESS my hand and official seal. My commission expires: 9, 1,991 Notary Public BOOK 769 PACE 519 EXHIBIT A (Attached to and made a part of Special Warranty Deed dated as of December '2,-1989, executed by Battlement Mesa, Inc.) LEGAL DESCRIPTION A parcel of land lying in Sections 5, 6, 7, 8, 9, 10, 16, 17, 18, and. 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South, Range 96 West, of the Sixth Principal Meridian, County of Garfield, State. of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range 95 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 87°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 SE1/4 of said Section 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 SE1/4 NW1/4 of said Section 9, South 88°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 Section 9, South '88°35'51" East a distance of 1275.60 feet, to the Northeast Corner of said SW1/4 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' A-1 BOOK 769 P E52Q to the Northwest Corner of said NEI/4 NE1/4; Thence along the North line of said Section 9, South 89°06'43" East a distance of 1274.26 feet to the Northeast Corner of said Section 9; Thence along the East line of said Section 9, South 01°00'49" West a distance of 1323.29 feet, to the Southeast Corner of the NE1/4 NE1/4 of said Section 9; Thence along the North line of the SW1/4 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 NW1/4, 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 NW1/4 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 SWI/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 Cornerof 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; BnQN 769 PACE 52j 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 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°37118" 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 NE1/4 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 S1/2 NW1/4 SW1/4; Thence North 88°45'33" 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 NE1/4 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 SE1/4 NE1/4 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 SE1/4 NE1/4 SE1/4; BOOK 769 PAGE522 Thence along the South line of 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 of 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 said 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 feet 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°41112" 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°25142" cast -229.68 feet; North North North North North North North North North North North North North North North North North North North South North north North North North North 31°20'39" 23°57'45" 03°44'35" 78°09'48" 29°11'58" 41°32'54" 43°05'27" 45°29'15" 87°42'34" 31°06'41" 22°45104" 39°02'08" 25°36'08" 04°45'49" 20°21'12" 30°23'55": 40°00'23" 59°27'09" 67°50'01" 74°03'17" 74°48'51" East East East East East East East East East West West West West West East East East East East East East 77°02126" East 80°16'.54" East 53°05'34" East 36°5.9'27" East 39°38'39" East a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a a a a a distance distance distance distance distance of of of of of of of of of of of of of of of of of of of of of of of of of of 413.32 196.98 107.23 170.63 807.63 feet; feet; feet; feet feet; 223.14 feet; 127.35 feet; 33.2.35 feet; 50.04 feet; 332.88 336..16 476.34 266.13 301.04 330.64 434.77 365.55 354,,15 437.32 145.60 362.66 383.98 645.06 612.80 284.20 136.36 feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; bnoK 769 pAGE523 North 18°09'46" East a distance of 266.27 feet; North 05°30'08" East a distance of 219.01 feet; North 35°52'20" East a distance of 298.65 feet; North 09°18'01" East a distance of 290.82 feet; North 09°50'56" East a distance of 292.31 feet; North 31°58'49" East a distance of 241.68 feet; North 18°54'07" East a distance of 271.65 feet; North 23°11'55" East a distance of 380.79 feet; North 09°57'50" East a distance of 375.67 feet; North 06°34'55" West a distance of 261.72 feet; North 05°26'25" East a distance of 105.48 feet; North 20°08'11" East a distance of 159.76 feet; North 04°25'19" East a distance of 105.19 feet; Thence leaving said Colorado River centerline South 81°08'11" East 415.22 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 distance of 55.74 feet; Thence continuing along said Right -Of -Way South 34°04'07" East 107.02 feet; Thence continuing along said Right -Of -Way South 15°35'44" East 66.56 feet; Thence North 72°19'16" West a distance of 13.56 feet; Thence South 79°47'18" West a distance of 24.89 feet; Thence South 37°23'26" West a distance of 100.52 feet; Thence South 06°07'27" West a distance of 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; Thence. South 66°03'01" East a distance of 92.80 feet; BOOK 769 P GE524 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 O1°36'29" East a distance of 650.00 feet; Thence North 86°44'01" West a distance of 359.65 feet; Thence North 01°36'06" 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 478.86 feet to the high water line of the Colorado River; Thence along said high water line the following courses and distances: North North North North North North North North North North South North South South South South North North 13°05'07" 06°43'43" 19°49'25" 42°43'01" 56°49'54" 49°26'57" 61'16'18" 67°09'59" 69°11'36" 87°08'15" 73°22'09" 88°43'46" 88°09'51" 82°24'43" 84°31'33" 84°58'17" 42°17'27" 27°02'16" East East East East East East East East East East East East East East East East East East a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance of 307.73 feet; of 896.17 feet; of 613.35 feet; of 426.02 feet; of 182.78 feet; of 246.11 feet; of 853.00 feet; of 206.15 feet; of 267.44 feet; of 320.40 feet; of 80.36 feet; of 541.13 feet; of 312.16 feet; of 155.46 feet; of 332.93 feet; of 244.74 feet; of 998.88 feet; of 109.07 feet; Thence leaving said Colorado River High Water Line South 87°53'17" East a distance of 2095.95 feet to the point of beginning. EXCEPTING THEREFROM the following parcels: Excepted Parcel 1 The SE1/4NE1/4 of Section 18, Township 7 South, Range 95 West of the 6th P.M. as conveyed to Edward T. Hoaglund and Ida Lee Hoaglund by deed dated May 13, 1969 and recorded by Reception No. 243419. Excepted Parcel 2 A parcel of land located in the E1/2 NE1/4 of Section 9, Township 7 South, Range 95 West of the Sixth Principal Meridian lying South of the centerline of the existing County Road which bisects said E1/2 NE1/4 being more fully described as follows:' BOOK 769 PACE'525 Beginning at the Southwest Corner of the E1/2 NE1/4 of said Section 9; Thence North 01°04'15" East 1326.43 feet to the centerline of the existing County.Road; Thence along said centerline the following courses: South 88°05'38". East 606.75 feet; Thence 173.76 feet along the arc of a curve to the left having a central angle of 36°50'00", a. radius of 270.29 feet and a chord that bears North 73°13'49" East 170.52 feet;. Thence North 54°33'16" East 112.11 feet; Thence 266.93 feet along the arc of a curve to the right having a central angle of 79°30'00", a radius of 192.38 feet and a chord that bears South 79°26'03" East 222.24 feet; Thence South 54°46'19" East 238.44 feet; Thence leaving said road centerline South 01°00'49" West 1284.83 feet, along the East line of said E1/2 NE1/4 to the Southeast Corner of said E1/2 NE1/4; Thence North 88°05'03" West 1277.04 feet along the South line of said E1/2 NE1/4 to the point of beginning. Excepted Parcel 3 All that part of the NE1/4 SE1/4 of Section 7, Township 7 South, Range 95 West of the 6th P.M., Garfield County, Colorado, lying and being South and West oftheright-of- way for County Road No. 305 as now constructed, as conveyed to Clara E. Mahaffey by deed dated November 10, 1941 and recorded as Reception No. 146955.. Excepted Parcel 4 A parcel of land beginning at. the: Northwest corner of the NE1/4 SE1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M.;. thence South 02°36 1/2' West 586.9 feet; thence South 75°07' East 196 feet; thence South 65°03' East 92.8 feet; thence North 65°50' East 12.2 feet; thence North 85°44' West 201 feet; thence North 02°36 1/2' East 650 feet; thence North 85°44' West 489.4 feet to the point of beginning. Excepted Parcel 5 A parcel of land conveyed to the Grand Valley Cemetery District located in. Section 17, Township 7 South, Range 95 BOOK 769 P$GE526 West of the 6th P.M., Garfield County, Colorado according to the Plat recorded January 29, 1985 as Reception No. 368453. Excepted Parcel 6 All land conveyed to Fred G. Gardner and Henrietta Gardner by deed dated June 8, 1957 and recorded as. Reception No. 198028, conveyed to Ruth I. White by deed dated'ovember 7, 1958 and recorded as Reception No. 203414 and by deed ' dated May 14, 1981 and recorded as Reception No. 315095 conveyed to Cecil A. Gardner and Ruth L. Gardner. Together with a parcel of land located in Section 18, Township 7 South, Range 95 West of the Sixth. Principal Meridian and more particularly described as follows: Beginning at a point whence a Bureau of Reclamation Brass Cap monumenting the W1/4 Corner of said Section 18 bears North 88°23'00" West 777.00 feet; Thence North 17°37'00" East 180•.00 feet; Thence South 88°23'00" East 457.16 feet; Thence South 24°50'39" West 188.29 feet; Thence North 88°23'52" West 432.52 feet to the point of beginning. Excepted Parcel 7 All land conveyed to the Board of County Commissioners of Garfield County by the following deeds: Recording Date .. Book/Page September 13, 1911 83/520.. March 9, 1915 • 86/341 March 9,.1915 86/344 March 9, 1915 86/345 March 9, 1915 86/343. March 9,. 1915 86/340 - August 6/340 - August 9, 1950 . 252/17 August 9,. 1950 . . . 252/18 August 9, 1950 256/16. December 3, 1907 67/514 January 5, 1905 62/77 March 9, 1915 86/342 Reception No 42609 51360 51363 .51364 51362 51359' 173062 173063 173061 34352 30258 51361 .BCOx 769 PAGE527 Excepted Parcel 8 All land conveyed to Public Service Corporation by the following deeds: Recording Date Book/Page Reception No. September 11, 1909 79/146 May 25, 1961 334/242 re-recorded June 6, 1961 334/324 Excepted Parcel 9 37734 213846 213952 That portion conveyed to The Mountain States Telephone and Telegraph Company by document recorded June 7, 1981 in Book 576 at Page 230 as Reception No. 316688. Excepted Parcel 10 That portion conveyed to Storer Cable T.V. Inc. by document recorded September 11, 1981 in Book 581 at Page 120 as Reception No. 319076. Excepted Parcel 11 That portion conveyed to Eaton Investment Company by document recorded April 15, 1982 in Book 597 at Page 229 as Reception No. 326735. Excepted Parcel 12 All those portions lying Northerly of the. Southerly bank and Westerly of the -Easterly bank of the Colorado River. Excepted Parcel 13 50% interest conveyed to Richard A. Stanger, Delbert E. Dawson, Stephen M. Virden, Robert A. Foster and William W. Wilde, by document recorded February 22, 1988 in Book 729 at Page 231 as Reception No; 389775. Excepted•Parcel 14 That portion conveyed to the Garfield County Colorado School District 16 Building Corporation by document recorded September 17, 1985 in Book 675 at Page 572 -as Reception No. 365005 and platted as L.W. St. John Middle School, Plat recorded December. 5,- 1983 as.Reception No. 347912. BOOK 769 ?iGE5 3 Excepted Parggl_15. That portion conveyed to the Battlement Mesa Service Association by document recorded September 23, 1982 in Book 608 at Page 648 as Reception No. 332739. Excepted Parcel I6 60% interest conveyed to Richard A. Stonger, Richard L. Witt, Robert A. Foster and William W. Wilde, by document recorded March 11, 1987 in Book 707 at Page 44 as Reception No. 379728. Excepted Parcel 17 All property contained within Town Center Filing No. 4, according to the Plat thereof, recorded October 8, 1986, as Document No. 375171. Excepted Parcel 18 The following property contained within Monument Creek Village, Section One, according to the Plat thereof, recorded August 11, 1981 as Document'No. 318004: All of Block 1, All of Block 2, Lot 1, Block 3, Lots 5, 13 and 25, Block 5, Lots 1,. 4, 5. and 7, Block 6, Lots 1 through 4, Block 7, Lots 1, 4 and 5, Block 8, Lots 5, 8, 9 10, 17, 19 and 21, Block 9,^ All of Block 13, Lots 1, 2,, 3 and 4 through 14, Block 14,. Lots 1 through 3, 5,, 7, 9, 11, 17, 18, 21, 23 through 26 and 29, Block 15, Lots 1, 3 through 9, 13 through 17, and 19 through 25, Block 16, Lots 1 and 4 through 8, Block 17, Lots 2 through 9, Block 18, and All of Block 19 Excepted Parcel 19 The following property contained within. Willow. Creek Village, Section One, according to the Plat thereof, recorded November 9, 1981 as Document No. 321237: BOOK 769 n 529 Lot 4, Block 1, Lots 1. and 8 through 10, Block 2, Lots 1, 2 and 8, Block 3, and Lots 5 through 9, Block. 4 Excepted Parcel 20 Lot 22, Block 2 and Lots 17 through 19 and Lot 27, Block 4, Battlement Creek Village, Section One, according to the Plat thereof, recorded November 16, 1981 as Document No. 321539. Excepted Parcel 21 Lot 1, Block 1, River Bluff Filing 9, according to the Plat thereof, recorded July 18, 1983, as Document No. 344072 and the Replat, recorded May 7, 1984 as Document No. 352082. Excepted Parcel 22 Lot 1, Block 1, Jack's Pocket Village Filing 4, according to the Plat thereof, recorded July 22, 1983, as Document No. 344066. Excepted Parcel 23 Lots 13 and 16, Block 18, Saddleback Village Filing No. 1, according to the Plat thereof, recorded July 19, 1988 as Document No. 393852. Excepted Parcel 24 Lots 4, 5, 6 and 7 Mesa Ridge Phase 1 according to the Plat thereof recorded September 1.2, 1988 as Document No. 395200. Excepted Parcel 25 Lots 1, 2 and 3, Block 1, River Bluff Filing No. 1, according to the Plat thereof, recorded under Reception No. 371428. Excepted Parcel 26 Lot 1, Block 1, River Bluff Filing No. 2, according to the Plat thereof, recorded under Reception No. 344067. . BOOK 769 PAGE 530 Excepted Parcel 27 Lot 1, Block 1, River Bluff Filing No. 3, according to the Plat thereof, recorded under Reception No. 344068; Excepted Parcel 28 Lot 1, Block 1, River Bluff Filing No. 4, according to the Plat thereof, •recorded under Reception No. 344069. Excepted Parcel 29. Lot 1, Block 1, River Bluff Filing No. 5, according to the Plat thereof, recorded under Reception No. 352323.' Excepted Parcel 30 Lot 1, Block 1, Jack's Pocket Village Filing No. 2, according to the Plat thereof, recorded under Reception No. 344064. Excepted Parcel 31 . Lot 1, Block 1, Jack's Pocket Village Filing No. 3, according to the Plat thereof, recorded%under Reception No. 344065. Excepted Parcel 32 Lot 1, Block 1, The Highlands Filing No. 1, according to the Plat thereof, recorded under Reception No. 344062. Excepted Parcel 33 Lot 1, Block 1, Tamarisk Lift Station, according to the Plat thereof, recorded under Reception No. 363320. A-12 rrmad/ab4 BOOK 769 PAGE 531. EXHIBIT B (Attached to and madea part of Special Warranty Deed dated as of December 'ia, 1989, executed by Battlement Mesa, Inc.) MATTERS TO WHICH TITLE IS SUBJECT 1. Taxes for the year of 1989 not yet due and payable. 2. The effect of inclusion into the following taxing authority districts: School District 16, WEst Divide Water, Grand River Hospital, Grand Valley Fire, Colorado River Conservation, Grand Valley Cemetery, Colorado Mountain College, Parachute/Battlement Mesa Park and Recreation District, Battlement Mesa Water and Sanitation, Saddleback Metropolitan District, Battlement Mesa Metropolitan District, Garfield County. 3. Right of .the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded as follows: RECORDED BOOK/PAGE REC. NO. LAND AFFECTED September 26, 1900 12/541 22987 NEWE3 Section 5 April 1, 1914 71/600 49239 SE3<SE3 Section 5 NENNE4 Section 5 September 18, 1906 56/559 32387 SW3iSE3 Section 5 NW3NE3i Section 8 August 22, 1899 12/523 2194E Lot 8, SE3tSW3N, NW3SE1/2 Section 5 September 19, 1908 73/10 35783 Lot 11 Section 5 and N3.NNh Section 8 August 23, 1902 56/461 26945 SE3 NE3g,NE3INE3g Sec. 7 SEWN Section 8 June 9, 1913 73/65 47124 Lot 11, Section 6 November 3, 1897 12/466 20441 NE3<SE3 Section 8 May 19, 1919 73/109 66522 NW34SW3 Section 9 May 5, 1911 71/475 41850 Lot 7, NE3iSE4 Sec. 7 NFANSW4 Section 8 June 6, 1893 12/236 16020 N3fNW31, NW3 NE3( Section 17 NE3 NE3t Section 18 January 2, 1896 '12/391 18951 NW3iSEl , SEI4SW Section . 8 February 17, 1923 73/14.0 81888 SEVEN Section 7 SW4SW1/2 Section. 8 October 1., 1910 71/438 40359 NE4SW4, SW3SE3; Section 8 December 26, 1912 71/583 45941 SWWW3 Section 16 B-1 February 14, 1894 November 1, 1910 October 6, 1902 December 11, 1897 January 15, 1918 March 21, 1904 May 28, 1898 March 2, 1897 May 28, 1928 May 11, 1894 November 11, 1893 12/296 16909 71/441 40540 56/462 27079 12/468 20535 71/612 60295 56/495 29234 12/488 21006 12/452 19953 73/114 71310 12/319 17275 12/254 16517 Boa 76{3 PAcE5 2 .N g S ction 17. N1/2NW1/2Sh41(-Aection 17 S W3INE3c , S EWW4 , SW3eWN Section 17 Lot 10, SE3liSW3k, NE3xSW1/2, SWWE3( Section 7 NW1/2NEl Section 18 D1/2NW3q, NE3SWi3 Section 16 SW3xNE1/2, N1/2SESection 18 SWWW1/2 Section 17 S3SE3x, SENSW3 Section 18 Lots 1 & 2 Section 19 E1/2NE3 Section E1/2NW4 , DINE3* Section 19 Lot 1, SW1E4 Section 24 Lot 4 & 5 Section 18 Lots 6, 7 & 14 Section 13 Lots 5, 8 & 9 Section 13 4. Right of way for ditches or canals constructed by the authority the United States as reserved in United States Patents reco+.ded follows: RECORDED HOOK/PAGE REC. NO. September 26, 1900 12/541 22987 September 18, 1906 56/599 32387 August 22, 1899 12/523 21948 September 19, 1908 73/10 35783 August 23, 1902 56/461 26945 June 9, 1913 73/65 47124 June 15, 1954 277/78 186136. September 21, 1946 218/348 158528 June 23, 1913 92/264 47238 May 24, 1911 71/477 41956 May 2, 1911 71/474 41287 March 19, 1954 November 3, 1897 May 19, 1919 June 22, 1914 June 18, 1920 May 5, 1911 275/519 185342 12/466 20441 73/109 66522 52/332 49730 112/525 71552 71/475 41850 B-2 of as LAND AFFECTED NEWE. Section 5 SWWE4 Section 5 NW1/2ND Section 8 Lot 8, SE3OW3 , NWhSE t Section 5 Lot 11 Section 5 N3NW Section 8 E NE31 , NEhNE3 Section 7 SWNSW1/2, SENNW4 Section 8 Lot 11 Section 6 Lot 9 Section 5 Lot 1 Section 7 S3.NE1/2 Section 8 , SE1/2s, St4NNE1/2 Section 9 N3SE Section 9 NW3NSW3, SW3xNW3% Section 10 NEWW3 Section 9 NEWE3l Section 8 NWWW34 Section 9 SW1E4 Section 9 NE3NE4 Section 9 Lot 7, NEWE1/2 Section 7 June 6, 1893 January 2, 1896 February 17, 1923 October 1, 1910 December 26, 1912 February November October December January March 21 March 2, May 28, May'1.1, November December 14, 1894 1, 1910 6, 1902 11, 1897 15, 1918 , 1904 1897 1928 1894 11, 1893 3, 1980 5. Statements and Maps DITCH Milburn and Hewitt Hewitt and Milburn Revell Spring and Waste Water Huntley and Albright Sawin'Enlargement of Huntley Wandering Jew Wandering Jew Ditch Enlargement Huntley Huntley Enlargement Spencer Ditch R. F. Ditch Ward Extension Werhonig Eaton Springs Ditch, 12/236 12/391 73/140 71/438 71/583 12/296 71/441 56/462 12/468 71/612. 56/495 12/452 73/114 12/319 12/254 561/155 16020 18951 81888 40359 45941 16909 40540 27079 20535 60295 29234 19953 71310 17275 16517 309936 BOOK 769 PAGE533 NW*SW4 Section 8 NIINW4, N1Q NE3f Section 17 NEhNE3 Section 18 NW4SE1/2, SE3SW3g Section 8 SE4SE3i Section 7 SW3tSW3t Section 8 NE34SW3r, SW3SE3 Section 8 SW3tSW1/2 Section 16 E3gSE3, NW34SE1/2 Section 17 NE1/2SW1/4, DISWIIISE4 N3FNW3tSW3 Section 17 S CNE + , SE NW [ , SWIM/ Section 17 Lot 10, SE:tSW1/2, NEWW;t SW3iSE3t Section 7 NW3IINE34 Section 18 E34NW3, NE4SW3 Section 18 SWI4NE3r Section 18 SWWW3 Section 17 S1/2SE3, SEIgSW3j Section 18 E3fNW3t , W3 NE3,t Section 19 Lot 1, SW1/2NE4 Section 24 Lot 4 & 5 Section.18 Lots 6,7 & 14 Section 13 Lots 5,8 & 9 Section 13 Lot 10 Section 5 for ditches detailed as follows: FILING DATE REC. NO. LAND AFFECTED April 2, 1887 4021 ,NWWW4 Section 8 August 8, 1887 4988 NW3(NW3 Section B September. 1, 1897 June 29, 1885 March 27, 1893 June 3, 1910 February August 6, June 15, April 23, November May 12, 1 November 23, 1911 1887 1888 1900 30, 1886 888' 23, 1895 20314 1631 15514 39613 41358 4967 7113 22625 3390 6953 18850 NW3tNW1/2 Section 8 NW3 NW3t Section 8 NW4NW3f Section 8 S3SW3t Section 5 O'Toole, Marrow, Dobey, Shutt, Musconetcong, Studt #2 and Ditch No. 1 as shown on ditch map by Wright Water B-3 BO0K 769 PAU 534 Engineers prepared March, 1977. 6. Right of way for ditch as granted to Mary B. Bailey and Beatrice Bailey by document recorded July 9, 1947 in Book 223 at page 106 as Reception No. 161611. (SE2 NW3, S'SW4NE3s Section 17) 7. Easements and rights of way as granted to Western Slope Gas Company by the following documents: RECORDING DAVE • BOOK/PAGE REC. NO. LAND AFFECTED July 5, 1962 342/567 218055 SW4SW3( Section 16 August 2, 1962 343/353 218373 SEN. Section 17 8. Easement for a gas pipeline as granted to Public Service Company of Colorado by Charles Haberman and Marcia Lee Haberman along the County Road to the Southerly line of property owned by Mary Williams described in Book 317 at page 297, as Reception No. 205421, recorded September 5, 1963 in Book 352 at page 493 as Reception No. 222678. (Lot 7, Section 7) 9. Easement for a. pipeline to transport oil and gas as granted to 'Western Slope Gas Company by Charles Haberman and Marcia Lee Haberman along the County Road recorded November 29, 1962 in Book 345 at page 494 as Reception No. 219574. (Lot 7, Section 7) 10. Any portion of subject property lying within Lot 12 John Horbetz property according to the plat thereof recorded May 5, 1947, as Reception No. 160820. (Lot 7, Section 7) Right to operate and maintain a pipeline or open ditch from a spring located in said Lot 7 onto lands in Lot 6 with right of entry and egress on and across subject property for the maintenance of said pipeline and ditch as excepted and reserved in Deed recorded July 26, 1946 in Book 218 at page 280 as Reception No. 158075. 11. 12. Rights of way for the Eaton Pipelines as set forth in instrument filed March 7, 1961 as Document No. 212993, as amended by Document No. 212994 and as set forth in Decree's recorded October 4, 1966 in Book 379 at page 281 as Reception No. 236103 and in Book 379 at page 282 as Reception No. 236104. (Lot 10 and SWWE3f of Section 7 and NEWW4 and NW3tNE3 of Section 18) 13. Battlement Mesa Pumping Plant, Pipeline and Ditches filed February 23, 1962 as Document No. 216670 and as shown on Map J-66 in the office of the Clerk and Recorder of Garfield County. (NW3iNE3h and DOM( of Section 18) B-4 BOOK 769 PAGE535 14. Easements and rights of way as granted to Public Service Company of Colorado by the following documents:. RECORDED BOOK/PAGE RECEPTION NO. April 21, 1960 325/344 209185 October 20, 1960 330/354 211380 April 21, 1960 325/246 , 209187 November 2, 1960 330/515 ' 211604 15. Easement and right of way for pipeline purposes as conveyed by Ada M. Alderson in deed to Western Slope Gas Company recorded April 2, 1963 in Book 348 at page 191 as Reception No. 220917, in which the specific location of the easement is not defined. 16. Right of way easement being 15 feet in width as granted to Holy Cross Electric Association, Inc., by James H. Smith, Jr. in document recorded October 19, 1971 in Book 423 at page 521 as. Reception No. 251434, in which the specific location is not defined. 17. Right of way as reserved by The Town of Grand Valley in document recorded September 18, 1911 in Book 83 at page 516 as. Reception No. 42601 which reads as follows: "The party of the first part hereby reserving a good and sufficient right of way to the so-called upper springs for a pipeline and all other rights of way and, reservoir sites which may at any time become necessary for the proper enlargement.or improvement of the water works system which now supplies the said Town of Grand Valley with water for fire and domestic purposes. And the Agreement between Real L. Eaton and The Town of Grand Valley recorded May 11, 1961 in Book -334 at page 79 as Reception. No. 213715. (All lands in Section 5) 18. Right of way easement as granted to Western Slope Gas Company by James H. Smith, Jr. by document recorded July 5, 1962 in Book 3.42 at page 565 as Reception No. 218053. (NW4SW3 Section. 10, SW45E4, 5E1/25E4 Section 9) 19. Right of way easement as granted -to Holy Cross Electric Association, Inc., by James H. Smith, Jr. by document recorded September 17, ' 1974 in Book 464 at page 498 as Reception No. 264797 in which specific location is not defined. 20. Terms, easements and restrictions as shown ornoted on the plat of Orchard Place as contained in the, Statement thereon recorded March 24, 1911 as Reception No. 41574. (ENISW4, WNISE4 Section 8) B-5 BUOK 769 PMME 53S 21.. License Agreement between Battlement Mesa Inc,, Tosco Communities Corporation and Storer Cable T.V. recorded November 16, 1981 in Book 586 at page 211 as Reception No. 321538. • 22. Declaration of DATE RECORDED June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1965 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 June 3, 1985 easements by Batlement Mesa, BOOK/PAGE REC. NO. 669/648 362160 669/653 362161 June 26, 1985 November 26, 1985 April 10, 1986 December 28, 1987 October 5, 1988 June 9, 1989 669/659 362162 669/665 362163 669/672 362164 669/677 362165 669/682 362166 669/687 362167 669/692 362168 669/699 362169 669/705 362170 669/711 362171 669/716 .362172 669/723 362173 669/728 362174 669/733 362175 669/740 362176 669/747 362177 669/752 362178 669/757 362179 669/762, 362180 669/767 362181 669/772 362182 669/777 362183 669/783 362184 669/788 362185 669/793 362186 671/267 362837 679/550 366906 686/444 .370148 726/•857 388564 742/.180 395840 755/896 402239 5-6 Inc. as set out below: LAND AFFECTia SE3r Section 18 Wh Section 17 Eh Section 18 NW3I Section 19 NE3 Section 18 N3 Section 18 8E4 Section 18 NE3 SW3, NWhSEh Section 7 NW3K Section 17 NW3 Section 17 NW3 Section 17 NE3SE1/4 Section 8 S3SE3 Section 7 NW3; Section 18 NE3SEh Section 8 SE3 Section 18 N1/2NW1/4 Section 19 SW3jSW1/2 Section 18 NEh Section 18 SE3 Section 7 E3 Section 19 SW1 Section 18 SW1/2 Section 8 NM( Section 8 S3 Section 18 Na Section 19 Pt. Sections 17, 18, 19 and 24 NE3t Section 18 NWh Section 17 NE3t Section 18. NWh Section 17 NE3 Section 24 NE3 SE3 Section 7 SEh Section 18 NE/ Section 7 SEh Section 6 SE3<NWh Section 17 NE? Section 7 5E3 Section 6 April 10, 1986 May 23, 1988 November 3, 1989 23. Deeds of Dedication NAME County Road No. 307 (River Bluff Road) Morrisania Road Battlement Parkway 686/439 734/788 766/297 370147 392256 407082 for the following: RECORDED January 10, 1989 January 10, 1989 January 10, 1989 BOOK 7G9 F&c 5 S7 SE34 Section 17 NE4 Section 17 SW4Section 17 BOOK/PAGE REC.N0. 747/177 747/178 747/179 398266 398267 398268 24. Declaration of License for utilities recorded April 21, 1988 in Book 732 at page 889 as Reception No. 391391. 25. Underground electrical easements being 10 feet in width as granted to Holy Cross Electric Association by the following documents: RECORDING DATE • BOOK/PAGE REC. NO. LAND AFFECTED April 22, 1982 597/878 327005 NW3 Section 17 April 22, 1982 597/879 327006 NW4 Section 17 May 3, 1982 598/482 327354 Lot 1, Block 1, Town June 3, 1985 July 1, 1983 669/798 362187 629/939 343523 Center Phase One SW3 SE1 Section 7 NNINE3 Section 18 NWWW3 Section 17 Willow Creek Village No.2 26. Pipeline easement being 35 feet in width as granted to Northwest Pipeline Corporation by document recorded September 23, 1982 in Book 608 at page 664 as Reception No. 332747. (DI Section 9) 27.' Gas System Utility easements being 10 feet in width as granted to Public Service Company of Colorado by documents recorded April 7, 1983 in Book 624 at page 496 as Reception No. 340721, (Block 2, Willow Creek Village No. 2); and recorded April 7, 1983 in Book 624 at page 498 as Reception No. 340722, (Block 1, Willow Creek Village No. 2). 28. Open End Leasehold Mortgage between City Market, Inc..a Colorado Corporation and Citibank, N.A. recorded October 28, 1988.in Book 743 at page 489 as Reception No. 396437. Applies to leasehold interest only. 29. Terms and conditions of the County Subdivision Resolutions as set out below: SUBDIVISION NAME RESOLUTION NO. REC. NO. River Bluff Filing No. 1 84-102 35289.2 B-7 BOOR 769 PM E5 River Bluff Filing No. 6 83-75 339454 River Bluff Filing No. 8 83-76 339455 River Bluff Filing No. 9 83-77 339456 Jacks Pocket Village Filing No. 1 83-78 339457 Jacks Pocket Village Filing No. 5 88-019 389881 Battlement Cemetery 84-103 352893 Battlement Mesa P.U.D. 82-121 333476 30. Subdivision Improvement Agreement between Battlement Mesa Inc. and Garfield County, et al, pertaining to Mesa Ridge (Phase I) recorded September 13r 1988 in Book 741 at Page 69 as Reception No. 395254. 31. All easements, rights of way, roads, streets, drives, places, boulevards, and restrictions as set forth on the Plats of the following subdivisions: Monument Creek Village Section One 318004 Monument Creek Village Section Two 319920 Monument Creek Village Filing No. 4 368452 Willow Creek Village Section One 321237 Willow Creek Village Section Two 322310 Battlement Creek Village Section One 321539 Battlement Creek Village Section Two 326397 Tamarisk Subdivision Filing No. 1 316729 Tamarisk Subdivision Filing No. 2 323297 Town Center Filing No. 1 321536 Town Center Filing No. 2 375169 Town Center Filing No. 3 375170 River Bluff Filing No. 1 371428 River Bluff Filing No. 6 344070 River Bluff Filing No. 8 344071 River Bluff Filing No. 9 344072 and Replat 352082 Jacks Pocket Village Filing No. 1 344063 Jacks Pocket Village Filing No. 2 344064 Jacks Pocket Village Filing No. 3 344065 Jacks Pocket Village Filing No. 5 389773 Saddleback Village No. 1 393852 Burning Rock Subdivision 371427 Mesa Ridge Phase I 395200 32. All Restrictions, Covenants, Conditions and. Declarations of the Subdivisions set forth on Schedule A hereof, as follows: SUBDIVISION NAME BOOK/PAGE- REC. NO. Battlement Creek Village Section 1' 586/188 321535 Battlement Creek Village Section 1 596/537 326396 Battlement Creek Village Section 2 and Battlement Creek Village Section 1 747/355 398324 Town Center Filing No. 1 587/731. 322311 B-8 Willow Creek Village Section 2 Willow Creek Village Section 2 Willow Creek Village Section 1 Willow Creek Village Section 1 Aonument Creek Village Section.1 Monument Creek Village Section 1 Monument Creek Village Section 1 Monument Creek Village Section .1 Monument Creek Village Section 1 Monument Creek Village Section 2 Monument Creek Village Section 2 Saddleback Village Filing No. 1 Mesa Ridge 33. Organization of the following districts: NAME OF DISTRICT - Battlement Mesa Water and Sanitation . Parachute/Battlement Mesa Park & Recreation Battlement Mesa Metropolitan Saddleback Metropolitan WOOK 769 P E539 588/186 747/340 585/532 747/348 578/951 583/456 597/4U9 597/423 650/819 582/721 597/416 747/292 757/504 322531 398322 321236 398323 318005 320285 326822 326824 352845 319919 326823 398321 403093. RECEPTION'NO. 325891 336199 & 348440' 375738 389195 • 34. All uranium, thorium or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through its authoried agents or repre- sentatives at any time to enter upon the land and prospect f or,mine and remove the same, pursuant to the provisions of the Act of August 1, 1946 (60 Stat. 755) as reserved in the Patent recorded June 15, 1954 in Book 277 at page 78 as Reception No. 186136. 35. An undivided one-half interest in and to all of the oil, gas and other minerals and mineral rights as reserved to Hallie Parkhurst in Warranty Deed recorded July 27, 1957 in Book 302 at page 200 as Reception No. 198564, and Deed recorded September. 14, 1950 'in Book 252 at page 492 as Reception No. 173469 and as vested in Madeline M. Parkhurst by Last f ii1 and Testament of Hallie Parkhurst recorded August 1960 in Book 329 at page 411 as Reception No. 210287, and any all assignments thereof or interests therein. (Said interest and actually, being an undivided 25%; see below: An undivided 355/710 landowners royalty interest in and to all of the oil, gas and other minerals in and under and that may be pro- duced, together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas and other minerals and storing, handling, transporting and marketing the same therefrom with the right to remove from said land all of the Grantee's property and improvements as conveyed from Hallie Parkhurst, Grantor, to Joe T. Juhan, Grantee in Mineral Deed recorded October 13, 1943 in Book 208 at page 440 as Reception No. 150104. liTOTE: At the Effective Date hereof the above cited 355/710 4-1 Landowners Royalty Interest appears to be vested as. follows: OWNER - • INTEREST VES .➢9CVMENW B-9 Boa 769 ?AGE5 O any Royalty, Inc. .25/7..10: 23647.7 J. E. Sayre 1/16 151735 Dema E. Smith 150/710 210452 George Bakke 80/710. 151424 171257 Barbara Jean Hunter, Edward N. Juhan and Joe P. Juhan .. Balance remaining 311850 36. An undivided one-half interest of all the oil and mineral rights as reserved to The Colorado National Bank of Denver as Executor and Trustee under the Last Will and Testament of George H. Curfman in Deed recorded September 26, 1950 in Book 254 at page 143 as Reception No. 173627 37. An undivided one-half interest of all oil and mineral rights as reserved to Elsie D. Curfman, her heirs and assigns in Warranty Deed recorded September 26, 1950 in Book 254 at page 142 as Reception No. 173626. 38. Reservation of oil, gas and•other minerals in, under or that may be produced from subject property, as reserved to Exxon Corporation, a New Jersey Corporation in Special Warranty Deed recorded April 9, 1981 in Book 569 at page 301 as Reception No. 313722. 39. Reservation of minerals and mineral rights in and under subject property together with the right and privilege of mining and/or removing the same insofar as such can be removed without materially impairing the subsurface or lateral support of said land as reserved by Tosco Corporation,.a Nevada Corporation in Special Warranty Deed recorded September 14, 1981 in Book 581 at page 255 as Reception No. 319155. 40. An undivided 4.9% interest in all oil, gas and other minerals as conveyed to Ralph. H. Raymond -by Hallie Parkhurstby deed recorded in Book 227 at page 301 as Reception No. 161720. 41. Undivided one-half interest in all,oil,'gas and other minerals as reserved by Fred Werhonig by deed recorded June 7, 1948 in Book 236 at page 184 as ReceptionNo. 164984: 42. Undivided one-half interest in all oil, gas and other minerals as reserved by H. J. Underwood by deed recorded in Book 260 at page 490 as Reception No. 177472. 43 Undivided one-fourth interest in all oil, gas and other minerals as reserved by James H. Smith, Jr. by deeds recorded September 3, 1974 in Book 464 at page 176 as Reception No. 264618 and recorded January B-10 BOOK 769 PM E 54i 30, 1980 in book 543 at page 103 as Reception No. 3013.15. 44. Undivided 1/2 interest in all oil, gas andother minerals as reserved by J. E. Sipprelleby deed recorded February 17, 1941 in Book 204 at page 297 as Reception No. 151035; 45. Undivided one half interest in all oil, gas and. other minerals as reserved by Edward A. Collier in warranty deed recorded January 30, 1958 in Book 3.06 at page 458 as Reception No. 200484. 46. Undivided 50 per cent of all oil, gas and other minerals as reserved by Clara E. Mahaffey by document recorded October 28, 1943 in Book 207.at page 607 as Reception No. 150200. 47. Undivided one half interest in all oil, gas and other minerals as reserved by Fred Gardner and Henrietta Gardner by document recorded July 12, 1957 in Book 301 at page 210 as Reception No. 198055. 48. Undivided one half interest in all oil, gas and other mineral rights as reserved by Mary B. Bailey in the deed to Earl C. Moore and Audrey S. Moore recorded July 9, 1947 in Book 227 at page 283 as Reception No. 161612. By the terms of the Will of Mary B. Bailey recorded September 5, 1978 in Book 515 at page 35 as Reception No. 288193, Roy: Jensen was the named devisee of all mineral rights of the testatrix. 49. Undivided one fourthinterest in all 011, gas and other mineral rights as conveyed by Rae L. Eaton to Earl C. Moore and Audrey S. Moore in deed recorded June 29, 1955 in Book 285.at page 358 as Reception No. 190320. 50. All minerals underlying subject property now owned as follows: (Lot 7, Section 7) a. Exxon Corporation as to an undivided 30.60 per cent interest. b. Tosco Corporation as to an undivided 20.40 per cent interest. c. Eva M. Mahaffey and Irene P. Mahaffey as, to an undivided 49. per cent interest. NOTE:. By Deed from Forrest C. Mahaffey, executor of the Estate of Clara E. Mahaffey, deceased to Charles E. Haberman, recorded February.. 14, 1961 in Book 332 at page 318 as Reception No. 212759 the grantee was conveyed an undivided 51 per cent of all minerals underlying subject property. The 51 per 'cent .of. all minerals conveyed to Charles E. Haberman became vested in Exxon Corporation and Tosco Corporation by deed from Atlantic Richfield Company recorded August 1, 1980 in Book 553 at page 55 as Reception No. 306157. Forrest C. Mahaffey, Executor of the Estate of Clara E. Mahaffey deceased, conveyed an undivided 49 per cent interest in all minerals underlying subject property to Eva M. Mahaffey and B-11 BOOK 769 eacE542 Irene.P. Mahaffey by deed recorded March 16, 1961 in Book 333 at page 66 as Reception No. 213086. 51. Undivided one half interest in all oil, gas.and other minerals .as reserved by Carl Davidson by document recorded June 12, 1957 in Book 301 at page 212 as Reception No. 198056 52. Undivided one half interest in all oil, gas and other mineral rights as reserved by The Federal Land Bank of Wichita, Kansas .in the deed to Clyde M. Morrow and Mary Belle Morrow recorded in Book 213 at page -269 as Reception No. 153033, and any and all assignments thereof, -or interests therein. 53. An undivided 1/32 royalty in all the oil, gas and minerals produced from subject property, said royalty to be delivered free from all costs if production as reserved in the deed from Julia V. Morrow and .Ruth V, Keithley to John W. Savage,recorded November 10, 1.961 in Book 3'•7 at page 480 as Reception No. 215643. • 54. Undivided one half interest in all oil, gas and other mineral rights as reserved by The Federal Land Bank of Wichita, Wichita, Kansas in the deed to R. O. Gardner recorded September 9, 1940 in Book 195 at page 583 as Reception No, 140910. 55. Undivided one fourth interest in all: oil., gas and other. mineral rights.as reserved by Ada M.' Alderson in the deed to Rea L. Eaton recorded. July 9, 1962, in Book 343 at page 1 as Reception No. 218090. 56. Undivided one fourth interest in all oil, gas and other mineral rights as reserved by Madolin F. Christensen as administratrix of the Estate of Ada M. Alderson, deceased in the deed to Battlement Land Company recorded November 22, 1965.in Book ,371 at page 229 as Reception No. 232392.' 57. Undivided one fourth interest in all oil, gas and other minerals as reserved by Carl D. Tucker -and Kathryn M. Tucker by document recorded August 31, 1961 in Book 335 at page 272 as Reception No. 214935. 58. Undivided one fourth interest in all oil, gas and other minerals as conveyed to Wm. Ath Mason and Nata J. Mason by document recorded August 31, 1961 in Book 336 at page 287 as Reception No. 214948. 59. Undivided 1/16 non participating royalty interest as conveyed to - Nellie G..Hayward and 21.25% interest as conveyed to Skyline Oil Company by document recorded March 26, 1976 in Book 483 at page 772 as Reception No. 271885. 60. Undivided -21.25 per cent of all oil, gas and other minerals as . peAerved by Skyline Oil Company by document recorded September 23, B--12 Bao 769 P CEMM,3 1974 in Book 464 at page 575 as Reception No. 264848. 6.1. One. half of all .minerals and mineral rights in, upon, and under subject property for a period of 25 years from and after. June 17, 1943 and 50 long thereafter as oil, gas and/or other minerals or. any of them -are produced therefrom or the premises are being developed. or operated as reserved by the Federal Farm Mortgage Corp-., in the Deed to Clyde E. Smith and Effie L. Smith recorded October 27, 1949 • in Book 245 at page 462 as Reception No. 170120. • NOTE: By Quit Claim Deed recorded October 14, 1947 in Book 304 at page 532 as Reception No. 199315, The Federal -Farm Mortgage Corpora- .tion conveyed this mineral interest to the United States of America to be administered by the Secretary of the Interior. 62. Undivided ane -half interest in all oil, gas and•other minerals as reserved by Della Hittle by document recorded December 11, 1956 in Book 246 at page 471 as Reception No. 196116. 63. Oil and:Gas Lease between Madeline M. Parkhurst Miles, formerly known as Madeline M. Parkhurst and as Madeline Parkhurst, and Ralph W. Ball recorded June 7, 1979 in Book 529 at page 528 as Reception No. 294753 and assigned by Document°Nos. 378234 and 379354. Affidavit of Pro- duction recorded as Reception No. -346460. 64. Oil and Gas Lease between Kathryn B. Ross and Troy G. Ross and North- west Exploration Company recorded January 29, 1981 in Book 564 at page 450 as Reception No. 311481 and amended by document recorded May 1, 1981 in Book 570 at page.626 as Reception No. 314396 and assigned by Document•Nos. 356227, 384615 and 387845. 65. Oil and Gas Lease between William E. Bakker and Julia A. Bakker and Northwest Exploration Company recorded January 29, 1981 in Bock 564 at page 453 as Reception No. 311482 and amended by document recorded May. 1, 1981 in Book 570 at page 634 as Reception No., 314398, corrected by Document No. 364709 and assigned by Document Nos. 354331, 356227, 37661€0, 384615 and 387845. 66. Oil and Gas Lease between James H. Smith, Jr. and Northwest Explora- tion Company recorded February 5, 1981 in Book 564 at page 885 as Reception No. 311701 and assigned by Document Nos. 354331, 356227, 376610,378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 67. Oil and Gas Lease between Pearl G. Sayre and Northwest Exploration Company recorded February 17, 1981 in Book 565 at page 547 as Reception No. 312009 and assigned by Document Nos. 354331, 356227, 376610, 384615, and 387845.. Affidavit of Production recorded as Reception No. 346460. . B-13 Boos 769 ? GEM4 68. Oil and Gas Lease between Barbara Jean Juhan Hunter aka Barbara Jean ,Hunter and Northwest Exploration Company recorded March 26,-1981 in Book 568 at page 192 as Reception No. 313204 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615, and 387845. Affi- davit of Production recorded as Reception.Uo, 346460. 69. Oil and Gas Lease between Joseph Paul Juhan aka Joe P. Juhan and Northwest Exploration Company recorded March.26, 1981 in Book 568 at page 195 as Reception No. 313205 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 70. Oil and Gas Lease between Edward Nelson Juhan aka Edward N. Juhan and Northwest Exploration Company recorded March 26, 1981 in.Book-568,page 198, Reception No.313206 and assigned by Document Nos.354331, 356227,- 376610, 378234, 379354,.384615 and 387845. Affidavit of Production. recorded as Reception No. 346460. 71. Oil'and Gas Lease between Miki S. Gardner and Northwest Exploration . Company recorded February 1, 1982 in Book 591 at page 987 as Reception Mo. 324280 and assigned by Document Nos. 354331,356227, 378234,376610, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 72. Oil and Gas Lease between Charles M. Sayre and Northwest Explortion Company recorded February 1, 1982 in Book 591 at page 990 as Reception No. 324281 and assigned by Document Nos. 354331, 356227,378234,376610, 379354,. 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 73. Oil and Gas Lease between -Vicki Sayre and Northwest Exploration. Company recorded February 1, 1982 in Book 591 at page 993 as Reception No. 324282 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorder as Reception No. 346460. 74. Oil and Gas Lease between Jenifer Sayre Hartman and Northwest Exploration Company recorded February 24, 1982 in Book 593 at page 441 as Reception No. 325017 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 75. Oil and Gas Lease between Roy Royalty, Inc.and Northwest Exploration Company recorded March 8, 1982, Book 594, page 149 as Rec.No. 3253.84 and assigned by Document Nos.354331,356227, 376610, 378234,379354, 384615, and 387845. Affidavitof Production recorded, Rec.No.346460. 76. Oil and Gas Lease between Sarah E. Farris formerly known as Sarah :B -14 • 800r, 769 PACE 54 5 Werhoniq and James M. Farris and Northwest Exploration Company recordedNovember 3, 1980 in Book 559 at page 212 as Reception No. 309039 and assigned by Document Nos. 354331, 356227, 379354, 378234, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 77. Oil and Gas Lease between Beatrice L. Underwood and Northwest Exploration Company'recorded October 13..1981 in Book 583 at page 146 as Reception No. 320141 and corrected by Document No. 353852 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 78. Oil and Gas Lease between Nellie L. Hefty and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 148 as Reception No. 320142 and corrected by'Document No. 353853 'and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 79. oil and Gas Lease between Loretta L. Briteman and Leonard. Briteman and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 150 as Reception No. 320143 and corrected by Document No. 353854 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 80 Oil and Gas Lease between Myrtle L. Chaffee and Northwest Exploration. Company recorded October 13, 1981 in Book 583 at page 152 as .Reception No. 320144 and corrected by Document 353855, assigned by Document NQS. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 81. Oil and Gas Lease between Ida L. Clark and Floyd L. Clark and North-- west Exploration Company recorded October 13, 1981 in Book 583 at page 154 as Reception No. 320145 and corected by Document No. 353856, assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 82. Oil and Gas Lease between William E. Bakke and Julia A. Bakke and Northwest Exploration Company recorded November 3,1980 in Book 559 at at page 192 as Reception No.309031 and assigned by Document Nos.354331 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 83. Oil and Gas Lease between Dema E. Smith and Northwest Exploration Company recorded November 3, 1980 in Book 559 at page 195 as Reception No.309032 and assigned by Document Nos.354331,356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. B-15 BOOK 769 eCE546 84. Oil and Gas Lease between Kathryn B. Ross and Troy G. Ross and Northwest Exploration Company recorded November 24, 1980 in Book 560 at page 701 as Reception No. 309718 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 85. Oil and Gas Lease between Gerald M. Quiat, Marshall Quiat and Carole 0.. Leight, co -personal representtives of.the Estate of Esther G. Quiat, deceased and Northwest Exploration Company recorded September 11, 1981 in Book 581. at page 76 as reception No. 319060 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354 and 387845. Affidavit of Production recorded as Reception No. 346460. 86. Oil and Gas Lease between Gerald M. Quiat and Roberta N. Quiat and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 78 as Reception No. 319061 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 87. Oil and Gas'Lease between Ralph Williams and W. Lee Williams -and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 80 as Reception No. 319062 and assigned by Document -Nos. 354331,356227, 376610, 378234, 379354, 384615, 387845. Affidavit of Production recorded as Reception No. 346460. 88. Oil and Gas Lease between E. James Judd and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 82 as Reception No. 319063 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 89. Oil and Gas Lease between E. Lee Garlett and Rosealiwe Garlett and Northwest Exploration Company recorded September 11., 1981 in Book 581 at page.84 as Reception No. 319064 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 90. Oil and Gas Lease between Sheldon Steinhauser and Northwest Explora- tion Company recorded September 11., 1981 in Book 581 at page 86 as Reception No. 319065 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 91. Oil and Gas Lease between Alan H. Bucholtz and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 88 as Reception No. 319066 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. B-16 BOOK 739 PMGE 5l7 92. Oil and Gas Lease between James F. Reynolds and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 90 as Reception No. 319067 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 93. Oil and Gas Lease between Myer Freidman and Loraine R. Friedman and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 92 as Reception No. 319068 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 94 Oil and Gas Lease between Gerald M. Friedman and JoAnne Friedman and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 94 as Reception No. 319069 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production. recorded as Reception No. 346460. 95. Oil and Gas Lease between D. W. Garlet and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 96 as Reception No. 319070 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and'367845. Affidavit of Production recorded as Reception No. 346460. 96. Oil and Gas Lease between McLeed.Hittson and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 98 as Reception No. 319071 and assigned by Document Nos..356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 97. Oil and Gas Lease between L. W. Searle and Violet M. Searle and Northwest Exploration Company recorded November 5, 1981 in Book 585 at page 160 as. Reception No. 321081 and assigned by. Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 98. Oil and Gas Lease between Jack D. Stockton and Emma F. Stockton and Northwest Exploration Company recorded November 16, 1981 in Book 586 at page 142 as Reception No. 321508 and assigned by Document Nos 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 99. Oil and Gas Lease between H. I. Waldbaum & Sons Investment Company, a Partnership and Northwest Exploration Company recorded December 28, 1981 in Book 589 at page 356 as Reception No. 323028 and assigned by Document Nos. 356227, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. B-17 $UOK 769 PAGE548 100. Oil and Gas Lease between First National Bank of Denver, Co -Trustee with David W. Garlett and Gerald M. Quist under the T4ill of Evelyn Q. Garlett and Northwest Exploration Company recorded February 24, 1982 in Book 593 at page 461 as Reception No. 325029 and assigned by Document Nos. 356227, 373234, 379354, 384615. and 387845. Affidavit of Production recorded as Reception No. 346460. 101. Oil and Gas Lease between Craig L. Hayward and Cristy A. Koeneke aka Cristy Ann Hayward Koeneke as joint tenants and Northwest Exploration Company recorded Februry 5, 1981 in Book 564 at page 904 as Reception No. 311709 and assigned by Document Nos. 356227, 378234, 379354, 376610,384615 and 387845. Affidavit' of Production recorded as Reception No. 346460. 102.. Oil and Gas Lease between. Vera Lehow and•Nmrthwest Exploration Company . recorded February 5, 1981 in Book 564 at pae 911 as Reception No. 311711.and assigned by Document Nos. 356227,, 376610, 378234, 379354, 384615,and 387845. Affidavit of Production recorded .as Reception No. 346460. 103. Oil and Gas Lease between Vera Lehow and Northwest Exploration Company recorded February 5, 1981 in Book 564 at page 913 as Reception No. 311712 and assigned by Document Nos. 356227, 376610, 378234 and 379354. Affidavit of Production recorded as Reception No. 346460. 104.011 and Gas Lease between Estate of Nellie G. Hayward, Hester Bertroch, Personal Representative and Northwest Exploration Company recorded May 1, 1981.in Book 570 at page 608 as Reception No. 314390 and assigned by Document Nos. 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 105.011 and Gas Lease between Ralph H. Raymond and Jean F. Raymond. and Northwest Exploration Company recorded June 5, 1981 in Book 573 at page 537 as Reception No. 315527 and assigned by Document Nos. 354331, 356227, 377610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 106.0i1 and Gas Lease between The First Church of Christ, Scientist in Boston, Massachusetts, a Massachusetts corporation and Northwest Exploration Company recorded November 2,-1981 in Book 584 at page 766. as Reception No. 320910 and assigned by Document Nos. 378234 and 379354. Affidavit of Production recorded as Reception No. 346460. 107.Oi1 and Gas Lease between Margaret Dunn, Attorney in Fact for Evelyn Davidson and Northwest Exploration Company recorded January 29, 1981 in Book 564 at page 485 as Reception No. 311495 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. B-18 BUCK 769 PdcE549 108.011 and Gas Lease between Helen L. Collier and Barrett Energy Company recorded April 22, 1985 in Book 667 at page 442 as Reception No. 361119 and assigned by Document Nos. 366668, 376609, 384615, and• 387845. 109.011 and Gas Lease between Martha Curfman Stojanovich and John Stojanovich and Barrett Energy Company recorded July 14, 1985 in Book 672 at page'822 as Reception No. 363612 and assigned by Document Nos. 370378, 384615 and 387845. 1.10.011 and Gas Lease between George H. Curfman, Jr. and Hope Griswold Curfman and Barrett Energy Company recorded July 24, 1985 in Book 672 at page 825 as Reception No. 363613, re-recorded July 24 in Bock 674 at page 977 as Reception No. 364708 and assigned by Document Nos. 370384, 384615 and 387845. 111.011 and Gas Lease between E. Louise Curfman aka Elsie Louise Curfman and Barrett Energy Company. recorded July 24, 1985 in Book 672 at page 828 as Reception No. 363614 and assigned by Document Nos. 366706, 376609, 384615 and 387845. 112.0i1 and Gas Lease from Jane Curfman Gwyn and James Gwyn and Barrett grgy Company recorded. September 9,'.1985 in Book 675 at page 135 as Reception No. 364779 and assigned by Document Nos. 370376, 384615 and 387845. 113. Oil and Gas Lease between Renee Christensen and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 143 as Reception No. 364782 and assigned by Document Nos. 370623, 384615 and 387845. 114. Oil and Gas Lease between Nedra C. Gaskill and Franklin P. Gaskill and Barrett Energy Company recorded September 9,-1985 in Book 675 at page' 145 as Reception No. 364783 and assigned -by Document Nos. 366708, 384615 and. 387845. 115. Oil and Gas Lease between Eugene C. Fairfax and Juliana D. Fairfax and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 147 as Reception No. 364784 and assigned by Document Nos. 370620,• 384615 and 387845. 116. Oil and Gas Lease between Gary F. Christensen and Nancy A.. Christensen and Barrett Energy Company recorded September 9, 1985 in'Book 675 at . page 149 as Reception No. 364785 and assigned by Document Nos. 370622, 384615 and 387845. 11-7. Oil and Gas Lease between Earl C. Moore and Audrey S. Moore and Barrett Energy Company recorded September 9, 1985 in -Book 675 at page 157 as Reception No. 364788 assigned by Document No. 366707 which was re-recorded as Document No. 372212 assigned by Document. Nos. 384615 and 387845. 8-19 BOOK 769 r E55Q 118- Ail and. Gas Lease between Irene F. Mahaffey and Garris E. Mahaffey and Barrett Energy Company recorded September 13, 1985 in Book 675 . at page 489 as Reception No. 364956 and assigned by Document Nos. 370358, 384615 and 387845. 119. Oil and Gas Lease between Eva M. Mahaffey and Forrest C. Mahaffey and Barrett Energy Company recorded September 19, 1985 in Book 675 at page 674 as Reception No. 365062 and assigned by Document Nos. 370359, 384615 and 387845. 120. Oil and Gas Lease between Della Hittle Vanbeber and Barrett Energy Company recorded October 1, 1985 in. Book 676 at page 475 as Reception No. 365384 and assigned by Document Nos. 366709, 384615, and 387845. 121. Oil and Gas Lease between Lois Meyer and Barrett Energy Company recorded November 29', 1985 in Book 679 at page 670 as Reception No. 366958 and assigned by Document Nos. 376609, 384615 and 387845. 122. Oil and Gas Lease between Carl D. Tucker and Kathryn M. Tucker and Barrett Energy Company recorded August 7, 1989 in Book 760 at page 251 as Reception No. 404295. 123. Oil and Gas Lease between Nata J. Franklin formerly Nata J. Mason recorded August 7, 1989 in Book 760 at page 253 as Reception No. 404296. . 124. Oil and Gas Lease between Farm Credit Bank of Wichita, Wichita, Kansas and Barrett Energy Company recorded September 14, 1989 in Book.762 at page 981 as Reception No. 405597. 125. Oil and Gas Lease between The Federal Land Bank of Wichita, Wichita, Kansas and Barrett En<rgy Company recorded August 12, 1987 in Book 718 at page 847 as Reception No. 384900 and assigned by Document No. 388162. 126. A11 oil, gas, minerals, and mineral rights of Garris E. Mahaffey as conveyed to Barbara J. Hoffman et al by document recorded February 28, 1986 in Book 684 at page 480 as Reception No. 369166. (Also attached Document No. 364959) 127. Undivided 40 per cent. interest of minerals as conveyed to Exxon. Corporation by Tosco Corporation in document recorded June 22, 1982 in Book 601 at page 658 as Reception No..328724, 128. All of the oil, gas and mineral interests of Diane H. Smith, deceased as conveyed to Saul Braverman et al by document recorded June 16, 1988 in Book 736 at page 143 as Document No. 392965. 129. Any loss or damage sustained as a result ofclaims arising from strip of land quit claimed by Marie Zediker to Hrew Investors by document recorded May 5, 1981 in Book 570 at page 851 as Reception No. 314503. B--20 BOOK 769 FuE551_. 130. Oil and Gas Lease between Roy Royalty, Inc.. and Northwest.Exploration recorded December 22, 1980 in Book 562 at.page 448 as Reception No. 310542. 131. Terns and conditions of Annexation Agreements recorded April 19, 1982 in Book 597 at page 406 as Reception No. 326821, recorded April 26, 1982 in Book 598 at page 4 as Reception No. 327074.and recorded May 3,=1982 in Book 598 at page 557 as Reception No. 327384. 132. Terms and conditions of Subdivision Improvement Agreement of Battlement Creek Village, Section II recorded' April 13, 1982 in • Book 597 at page 130 -as Reception No.. 326685. 133. 0il and Gas Lease between Beulah V..Kosub and Barrett Energy,. Company recorded June 1, 1987 in Book 713 at page 93 as Reception ,No. 382378 and.assigned by Document No. 387376. 134.0i1 and Gas Lease between William I. Parkhurst Barrett Energy Company recorded July 8, 1987 in Book 7.15 at page 872 as Reception No. 383574 and assigned by Document No. 387377. 135.011 and Gas Lease between Harold Parkhurst, Jr. and Barrett Energy Company recorded July 8,. 1987 in Book 715 at page 875 as Reception No. 383575. 136.0il and Gas Lease between John Parkhurst and Barrett Energy Company .recorded July 8, 1987 in Book 715 at page 87B as Reception No. 383576 and assigned by Document No.. 387378. 137. Terms and conditions of the unrecorded Lease -Purchase Agreement. dated April 30., 1981 between_ Battlement Mes,'Inc. (Lessor) and Tosco Corportion (Owners) and Garfield County School District 16. (Lessee). 138. Undivided one-half interest in all oil, gas and other hydrocarbons. and minerals. as reserved by Clara E. Mahaffey in the Deed to. Orville V. Mahaffey recorded August 17,. 1946 in Book 219 at pge 551 as Reception No. 158254, and any and all assignments thereof or interests therein. 139.0il and Gas Lease between the United States of America (Federal Lease #01524) ' and Joe T. Juhan recorded April 21, 19. ` rin ,Book 283 at .page 345 as Reception No. 1893.31' anti"4s�sthgn0010.70oiument No. 358693. Affidavit of Production recorded,caso; Le, ep;on , ip.:; 346460. 140. Any and all rights of tenants involved in rented.'or leased 'units_, which are not shown of public record B-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