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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY http://www.garfield-county.com/building_a...and documents html/SB35_app_March2003.htm 1 ofF� • • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.945.3470 www.garfield-county.com Exemption from the Definition of Subdivision GENERAL INFORMATION *DA b 100 (To be completed by the applicant.) (1)i /Lri'(/ RD 301 9 Street Address / Gener I Location of Property: St1/41 of Sari, 7 / et.a,t4 s ip 'i Sac at /Wog gg kJE5 T ® F TH 61 h P»1 10 r1FE" Cixuu ry oPeCri 'tip, 9 Legal Description of Parent Property: 50 -re- eF Cec iaa4-t 'wu 4(10 A- i2'C L Yy &Otutx72 c'P S'ecrrai7 Re" �* , c from meAfdirecc.�,et,L /'keK,ce Scat/h �z1►uG-1 boarsDt-beam Krh- a ellstonce_ > Size of Property (in acres) as of January 1, 1973: 1 of 4,9576-e 42-1-k 9 Current Size of Property to be Subdivided (in acres): C/o?+�(A *eg a retar anetca-g) > Number of Tracts / Lots Created Including remainder of Parent Property: ,,v2. ila -r(21":9 Proposed size of Tracts / Lots to be Created Including remainder of Psient Property: bL I nJ o Lot #: / containing ,O0/ acres (bxittT of 6 r6 'Pm attic o Lot #: 9- containing 8"7 q(146- acres o Lot #: containing acres A ence, few14 el. o Lot#: containing acres disfcruca o4 155-8,99- o Lot #: containing acres s re bar, wed' 9 Property's Zone District: nn Cep,-titacc. � 9 Name of Property Owner (Applicant): D AI Ail E P. f- aX-K uz 4-12. B5 -"`Nip y " Wasi, 9 Address: P.O. Pk )0/1 Telephone: 97C -b: = /bS 9 City: pi pu: State: "j Zip Code: e/tSV? FAX: NON C Q dug fate- 05-.25: k. igo- ka rebo-i' anef 9 Name of Owner's Representative, if any (Planner, Attorney): n h,Q.t e� /uget6t m / �f 1,1.4 Z/1 rt 61 G e16 lr t� (:CSL -1 ii 1- f u PT $ h%/in /L ��41 Pc > Address: 101.04 -u C n 14JE / / Telephone: 9 — too tel r 0;.16415 .- 4/7 West, > City: (s ti u t P SPA) u6i State: CO Zip Code: 8/b01 FAX: ct ais -tafi e.2., Ql gt f te)r 4a re baretord STAFF USE ONLY 9 Doc. No.: Date Submitted: TC Date: Ng> -11%Qn et_/t1*A 96,0 ;" Ea et cbsl`dtn ee 'cezL APPLICATION SUBMITTAL REQUIREMENTS (o2 tor As a minimum, an applicant requesting an Exemption from the Definition from Subdivision ("Exemption") shall , I`60jAirm specifically respond to all the following items below and attach any additional information to be submitted with this application: A/70/n2 o•n, AAA GARFIELD COUNTY http://www.garfield-county.com/building_a...and documents html/SB35_app_March2003.htm • • 1. Provide a narrative explaining why exemption is being requested. 2. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension, area, and legal description of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 3. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. 4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. 5. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion. 6. Evidence of soil types and characteristics of each type located on the property. 7. Provide proof of legal and adequate source of domestic water for each lot created. 8. Method of sewage disposal. 9. Provide a letter of approval of fire protection plan from the appropriate fire district in which the subject property is located. 10. If connection to a community or municipal water or sewer system is proposed, submit a letter from the governing body stating a willingness to serve the property. of 4/79/02 O. IF. AM GARFIELD COUNTY http://www.garfiald-county.com/buildmg_a...anddocuments htmUSB35_app_March2003.htm • • 11. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel, as it existed on January 1, 1973. 12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee with the application. 13. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Exemption application has been deemed technically complete. 11. EXEMPTION APPLICABILITY Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these. Regulations, provided the Board of County Commissioners determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at the time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met. C. All lots created will have legal access to apublic right-of-way and any necessary access easements have been obtained or are in the process of being obtained. D. Provision has been made for an adequate source of water in terms of the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve nf/. 1/7Q/112 Q•nA AM GARFIELD COUNTY http://www.garfield-county.com/buildmg_a...and documents html/SB35_app_Maroh2003.htm • • each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a % mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used. 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district. F. All State and local environmental health and safety requirements have been met or are in the process of being met. G. Provision has been made for any required road or storm drainage improvements. H. Fire protection has been approved by the appropriate fire district. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. J. All applicable taxes and special assessments have been paid. 111. PROCEDURAL REQUIREMENTS {The -following steps outline how the Exemption from the -Definition of Subdivision application review d of 4/70/fl Q•(M AAA GARFIELD COUNTY http://www.garfield-county.com/buildmg_a...and documents html/SB35_app_March2003.htm Snf6 • • process works in Garfield County.) 1. Submit 2 copies of this completed application form (pages 1-6) including all submittal requirements and the base fee to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness within 15 working days. The Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (15) working days. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete in addition to requesting additional copies of the application to be provided to the Board of County Commissioners for their review in preparation for the public hearing. 3. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Exemption application . (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the petition for an Exemption for the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. b. c. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Exemption from the Definition of Subdivision and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 5. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request for Exemption for the subject property. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. d/7Q/!12 Q•fh AM GARFIELD COUNTY http://www.garfield-county.com/bnildmg_a...anddocuments html/SB35_app_March2003.htm • • 6. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial, or any conditions of approval, shall be set forth in the minutes of the meeting or in a written Resolution. An applicant denied exemption may follow the subdivision procedure in these Regulations. 7_ Once the Board makes a decision regarding the request for an Exemption, Staff will provide the Applicant with a letter affirming the action taken by the Board with a list of conditions, if any, to be completed by the applicant. 8. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) Tots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10. Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of applicant/owner) t/ncai owner) Date tNa00•3 Last Revised: 11/15/2002 .17P11•3* • • REQUEST FOR EXEMPT LOT FOR HOLMS CREEK PARTNERS, LLC We are requesting this exempt lot to get a start on this subdivision . We have a couple that is interested in building there home here. It is school teachers that have moved here from Overtonand have been looking everywhere for the privacy and being in the natural state of the property. We want to leave the land as close to natural as possible. They teach in Parachute. I hope this will show us how much interest in this type of area there is. Thank you Virginia Call • • LIST OF NAMES AND ADDRESSES OF OWNERS OF RECORD ADJOINING AND WITHIN 200 FEET (1) DOUBLE B RANCH LIMITED LIABILITY COMPANY 5708 COUNTY ROAD 301 PARACHUTE, CO. 81635 R270307 2405-182-00-052 (2) JOAN L SAVAGE 5953 COUNTY ROAD 320 RIFLE, CO. 81650 R270282 2405-083-00-008 2405-181-00-044 2405-173-00-067 (3) FRED CAMERON, REX AND RENEE D P.O. BOX 1713 RIFLE, CO. 81650 R270472 2405-071-00-070 a: LIMIT 11 295 Ono FEET INSE1 (Joins shei 66 ..4 LD CO NTY MESA COUNTY 1110 Non -Technical Descriptions Soil Survey Area: 683 RIFLE AREA, COLORADO, PARTS OF GARFIEL Map unit: 69 Vale silt loam, 6 to 12 percent slopes Description Category: SOI This deep, well -drained soil is on mesas, benches, and alluvial fans. This soil formed in calcareous eolian material. The surface layer is silt loam about 7 inches thick. The subsoil is silt loam and silty clay loam about 19 inches thick. The substratu m is silt loam to a depth of 60 inches. Permeability is moderate, and available water capacity is high. Effective rooting depth is more than 60 inches. Runoff is medium, and the erosion hazard is moderate. Map un 71 Villa Grove-Zoltay loams, 15 to 30 percent slopes Description Category: SOI These soils are on mountainsides and alluvial fans. The Villa Grove soil formed in mixed alluvium, and the Zoltay soil formed in basaltic alluvium. The Villa Grove soil makes up about 50 percent of the map unit, and the Zoltay soil makes up about 40 perc ent. The Villa Grove soil is in the steeper areas, and the Zoltay soil is in the less sloping areas. The Villa Grove soil is deep and well -drained. The surface layer is loam about 4 inches thick. The upper part of the subsoil is clay loam about 11 inches thick, and the lower part is loam about 33 inches thick. The substratum is loam to a depth of 60 in ches. Permeability is moderately slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is slow, and the erosion hazard is slight. The Zoltay soil is deep and well drained. The surface layer is loam about 19 inches thick. The subsoil is cobbly clay or cobbly clay loam about 35 inches thick. The substratum is cobbly clay to a depth of 60 inches. Permeability is slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is medium, and the erosion hazard is moderate. Thursday, April 24, 2003 Page 1 of 1 • Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street / P.O. Box 352 Rifle, CO 81650 Phone (970) 625-3300 Fax (970) 625-3305 PAT Date: February 13, 2003 To: DAN CALL BOX 1439 RIFLE, CO 81650 Attn: Phone: 625-2833 Fax: Re: A Buyer To Be Determined / Dannie P. Locklear Thank you for your order. Enclosed please find the following in connection with our File No. 0301087: IZI Commitment ❑ Title Policy ❑ Endorsement ❑ Tax Certificate O Other Copies Sent To: • • • COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0301087 1. Effective Date: January 27, 2003 at 7:59 AM 2. Policy or Policies tb be issued: (a) ALTA OWNER POLICY (ALTA 10-17-92) Proposed Insured: A Buyer To Be Determined (b) ALTA LOAN POLICY (10-17-92) Proposed Insured: TBD 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Dannie P. Locklear TITLE CHARGES Owner's Policy Standard Coverage TBD COUNTERSIGNED:j ) 1 American Land Title Association Schedule A (Rev'd 6-86) Authorized Officer or Agent es Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 • • SCHEDULE A Legal Description 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: A certain parcel of land being a part of the SE1/4 of Section 7, Township 7 South, Range 94 West of the 6th P.M., in the County of Garfield, State of Colorado, and more particularly described as follows: Beginning at the E1/4 Corner of Section 7, being a monument of record, thence South, being the basis -of -bearing, a distance of 645.58 feet to a rebar and cap, being the TRUE POINT OF BEGINNING, thence South, a distance of 1558.94 feet to a rebar and cap, thence South 85°39'04" West, a distance of 2532.20 feet to a rebar and cap, thence North 02°49'47" West, a distance of 1581.93 feet to a rebar and cap, thence North 86°14'33" East, a distance of 2608.62 feet to the POINT OF BEGINNING. TOGETHER WITH a non-exclusive easement for ingress, egress and buried utility lines as reserved in deed recorded February 1, 1993 in Book 853 at Page 819. • • SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. Warranty deed from Dannie P. Locklear vesting fee simple title in A Buyer To Be Determined. 2. Release of record by the Public Trustee of the Deed of Trust from Dannie P. Locklear for the use of Ted V. Clark showing an original amount of $5,045.48, dated March 1, 1994 and recorded March 11, 4994 in Book 895 at Page 349. 3. Release of record by the Public Trustee of the Deed of Trust from Dannie P. Locklear for the use of Clifford T. Henderson showing an original amount of $12,075.00, dated September 29, 1999 and recorded October 6, 1999 in Book 1154 at Page 256. 4. Release of Notice of Lien filed by the Colorado Department of Labor and Employment against Dannie Locklear recorded May 28, 1996 in Book 979 at Page 360. NOTE: Commonwealth Title reserves the right to amend this commitment when the details of this transaction are revealed. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 . ..v . .... vvV 18010 8 • • SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public i ew,ds. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded January 15, 1894 in Book 12 at Page 266. 9. Easement and right of way for the Martin and Kennedy Ditch, the Anderson Ditch and any other ditches currently in place and in use. 10. Easement and right of way for the Cottonwood Gulch Ditch as granted to Walter B. Lemon in deed recorded August 13, 1979 in Book 533 at Page 120. 11. Access easement granted to Colorado -Ute Electric Association in instrument recorded February 12, 1985 in Book 664 at Page 210, and in instrument recorded June 6, 1985 in Book 670 at Page 110, and in instrument recorded June 6, 1985 in Book 671 at Page 135. 12. Reservation of an undivided 50% interest in alt oil, gas and other minerals on subject property as reserved by Felix S. Sefcovic and Etna Gay Sefcovic in deed recorded November 23, 1988 in Book 744 at Page 637. 13. Reservation of an access easement as contained in deed recorded November 23, 1988 in Book 744 at Page 637. 14. Easement for access purposes as granted to Ted V. Clark in deed recorded February 1, 1993 in Book 853 at Page 819. 15. Terms and conditions of Oil and Gas Lease by and between Dannie P. Locklear, as Lessor and Williams Production RMT Company, as Lessee, recorded December 20, 2001 in Book 1314 at Page 13U and any and all interests therein or assignments thereof. NOTE: EXCEPTIONS) N/A WILL NOT APPEAR IN THE OWNER'S POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 uvrvr[IVIHI ItJIVHL IVOI I This is to advise that COMMONWEALTH TITLE INSURANCE COMPANY makes available to its prospective insured owners, in conjunction with their COMMONWEALTH TITLE INSURANCE COMPANY policy covering a single family residence, including a condominium or townhouse unit, protection against mechanics' liens. This protection is not automatic nor given in all cases, but is subject to the Company's underwriting requirements, and does not cover those liens which arise out of work contracted for or entered into at the request of the insured owner. These underwriting requirements include, but may not be limited to, the following: 1. Receipt by the Company of agreement(s) indemnifying it for any loss resulting from its granting of lien protection, executed by the seller, contractor or others who might have incurred debts which could result in mechanics' liens; 2. Information concerning the solvency and whereabouts of the parties set forth in Item No. 1, possibly including financial statements; 3. Evidence of payment of any bilis which might have been incurred for work done on the property, depending upon the length of time elapsed since the last work was completed and what remains to be done; 4. In the event of extensive recent constructions, whether on alt the improvements located upon the property or not, additional items required may include: (a) the Company's review of the owner's and/or builder's history relative to construction projects previously completed or presently under construction; (b) review of the construction loan agreement if applicable; (c) review of any performance or materiatmen's bonds concerning- this construction, if applicable; (d) payment of the appropriate charge for mechanics' lien protection during construction, if applicable. This is also to advise that, pursuant to Regulation of the Colorado Insurance Commissioner, every title entity shall be responsible for all matters which appear of record prior to the time of recording, and subsequent to the effective date of the commitment, whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed. This does not include those matters created, suffered, assumed or agreed to by the insured. The prospective insured is advised to inquire of the closing entity as to whether it is an office of COMMONWEALTH TITLE INSURANCE COMPANY or is an independent agent which will be the responsible entity relative to the closing only. NOTICE If Schedule B of your commitment for an owner's title policy reflects an exception for mineral interests or leases, pursuant to CRS 1Q-11-123 (HB 01-1088), this is to advise: a) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantiae likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to Senate Bill 91-14 (CRS 10-11-122) Notice is hereby given that: a) The subject real property may be located in a special taxing district: b) A certificate of taxes due listing each taxing jurisdiction shalt be obtained from the County Treasurer or the County Treasurer's authorized agent; c) Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A Tax certificate will be ordered from the County Treasurer by the Company and the costs therefore charged to the proposed insured unless written instructions to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this commitment. Commonwealth A LANDAMERICA COMPANY Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor, all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. Attest: a. exa,,:uk:e-a:„,e. Secretary COMMONWEALTH LAND TITLE INSURANCE COMPANY By: President Conditions and Stipulations 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 ALTA Commitment - 1966 Cover Page Form 1004-8 ORIGINAL • • GRAND VALLEY FIRE PROTECTION DISTRICT 1777 E. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 Date Planner Garfield County Building & Planning Dept. 109 8th Street, Suite 303 Glenwood Springs, CO 81601 "" Subject: Fire Protection Plan for Y1 c"" &?IZ 5tx416,1)0h.r✓J,° , L.LC Planner's Name, I have reviewed the applicant's request and have verified that it lies within the Grand Valley Fire Protection District. The applicant will need to provide the following minimum fire protection practices as apart of their "Fire Protection Plan". The options available to you include either a local water supply for each residence or a central pressurized water supply for all residence as well as fire protection sprinklers. Because of the size of your project, it would appear that the localized water supply systems (NFP'A 1231) and fire protection sprinkles might be better suited to provide such protection. The use of sprinklers in new construction is always encouraged, and has proved to be both cost effective and to have made the critical difference in the "saving of a structure". The key element of a 13D system is to provide enough suppressant to get the occupants out of the residence. The system is designed to provide a 10 -minute water supply. In a normal urban setting, with prompt notification to the fire department, a response and extinguishment can be started during this 10 - minute time frame. However, with a small volunteer fire department, which does not staff fire station crews, response times can be much longer. Hence, it is hoped the sprinklers provided enough time for the occupants to leave, but the fire has most likely continued to burn, and after the 10 -minute period of water delivery, the fire may again start actively burning. Fire sprinklers are not required in structures less than 3500 square feet, however we encourage homeowners to consider their value and the benefits that they may provide in the event of an actual fire. The recommendations of NFPA 1231 are to have a water supply located within 150 feet of a residence, a 4 '/z" hydrant connection capable of providing 500 gpm and a capacity to be determined by the square footage of the residence. After consulting other fire agencies within Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for residence under 3500 square feet. Sprinkler systems would be optional for residence up to 3500 square feet. Residences over 3500 square feet will need to have both the calculated size storage tank and a sprinkler system to provide initial knockdown capabilities. As far as access / egress requirements & defensible space, the Colorado State Forest Service has recommended using the r • NFPA 299 standard, Protection of Life and Property from Wildfire. The Grand Valley Fire Protection District, as well as the other fire districts within Garfield County, has adopted this as the standard within its boundaries. Other issues to be included and noted in the proposal are as follows: ➢ If a sprinkler system is installed, the requirements for NFPA 13D will be adhered to. A minimum flow of 26 gpm with duration of ten minutes or 260 gallons (see Section 2-1) is required. The storage tank used for fire protection will be separate from that used for domestic use. If a homeowner wishes to combine the water supply for both the sprinkler system and domestic use, the requirements of the code shall be met. Annual inspection / maintenance and reporting requirements of a sprinkler system are the responsibility of the homeowner. For structures over 3500 square feet, an approved fire protection sprinkler system will be required. The sprinkler system is to be supplied from the firewater cistern (for those structures 3500 square feet or greater). ➢ An agreement to use the water stored in a fire water cistern, in the event of an emergency, is not limited to the specific residence where it is located and that its use/need is at the discretion of the fire department. ➢ The water supply (fire water cistern) is for fire protection only, not to be used for domestic use. If the homeowner wishes to combine the fire water cistern with domestic use water, an additional amount of storage will be required to maintain the minimum required fire water protection capacities. If the above conditions are met and/or made apart of a plat note to be a requirement of the new owner prior to the issuance of a building application, the Grand Valley Fire Protection District has no further concerns regarding this project. If I can be of any assistance, I can be reached at (970) 285-9119, or cell (970) 285-9851. David A. Blair District Fire Chief, GVFPD Xc: Developer/homeowner Name File • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and DA,(r4i E `' Locia LI (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for /401-)31) (ttk AilIMMO EX DO PT/©&/ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APP • NT fir , Signature 79 C'. /du t.Q Z-1-"ck ege Date:/Q/a2G%3 Print Name Mailing AOIDI ress: �' , '� 30182 Mcitf 6 Kt co_oo 5 Page 4 Non -Technical Descriptions Soil Survey- Arta: erla RIFLE AREA% COLORADO, PARTS OF GARFIEL Map unit: 12 Buckles-lashau lea*u , 2S to 5Q percent slopes Description. Category: I Thesa saUS are on ridges and mountainsides. These soils formed in sandstone and shale residuum. "The Buckton sob makes up 55 percent ofiho map unit, andthe tnchau soil makes -up 35beircent. The Burn sot teen the ereepar, convex palls -of the -lends• Cape, and the Inchau soil is on the slightly concave parts. Bucktoasoil **hallow and -wet -trained The surface layer is loam about 5 Inches thick. The underlying material -is clay loam and loam about 10 inches trick. Shahs and sandstone bedrock Is at a depth of lS inches. Permesbilay Is stow. Avattable wate r capacity is vary tow Effective -rooting depth is t0 to.20 Inches. Runoff is medium, aril the erosio tiezardia hig4 The-ln Scisli atelydeep aad:wet�drafc _ The unlace layer is loam about 3 Inches thick. The upper pert of the subsoil is clay loam about 15 inches thick, and the tower past la gravelly clay loam about 18 kwifeb thkk. Sandstone and shale be Brock Is at a depth of 36 inches. Permeability is moderate and avellable water capacity es -moderate. Effective miotiniaciesAll ia2 to 40 Inches: Runoff is medium. and ma erosion hazard is high. Map unit: 45 Ivlorval-TrYdel} complex, 6 -to 25 putt slopes Description Category: SO1 These aelI$ are on alluvial fans- and sloes of mesas. The -soils formed in reworked alluvium derived from basalt and sandstone. The Morval Solt makes up about 55 peTcertt of the unit. and the Tridell sot makes up about 30 percent. The Monvet 8011 tr.deep-aeu#leeti-stagneit The surface layer to loam -about 5 inches thick. The upper part -of the Subsoil -is -clay loam and stony clay inert about 12 inches thick, and the lower part is stony clay loam about 10 inches thick. The -substratum -1 s stony loam. Permeability it moderate, and available water capacity is rnodetete. Effective rooting depth se 68tnc.hca. Runoff is rapid, and the erosion hazard is very high. The Trldelt sot is deep and well drained Tine surface layer is stony loam 10 inches thlck. The upper part of the underlying material is very atony loam 11 inches thick, and the tower part tS Very stony -team to a depth of e0 Inches. Permeability Is mode ratety rapid; and availabi. water capaeihr fa tow_ Effective rooting depth 1s 60 inches. Runoffis medium, and the erosion hazard is moderate to very high. �.unwesw'sl� Tuesday, May 24 2003 Page I of I t GA. a t Jt Litrta, 11.. P.O. BOX 488 GLENWOOD SPRINGS, CO. 81602 5/20/03 MR. TIM JOHNSON 1383 COUNTY ROAD 293 RIFLE, CO 81650 TO WHOM IT MAY CONCERN: WELL LOCATION: COUNTY ROAD301-RULLISON; COLORADO - THE WELL WAS TESTED FOR 4.0 HOURS AT A FINAL PUMP RATE OF GALLONS PER MINUTE. DATE OF TEST: 5/14/03 APPROXIMATE STATIC WATER LEVEL: 27'6" F1OM TOP OF CASINO APPROXIMATE DEPTH: 8t' -t0'=FEETFROM -TOP OF WELL -CASING - HORSE -POWER PUMP: 3/4 APPROXIMATE PUMP SETTING -174' FEET TOTAL DRAWDOWN OVER-4-HOURS-WAS43FEET RECOVERY WAS -39 -FEET -IN ONEHOUR AFTER 4 HOURS -OF CON NUOUS-PUMPING, THE WELL --WAS PRODUCING_ APPROXIMATELY 7,7 GALLONS-PERMJNLiTE. THE TEST DATA OBTAINED IS REPRESENTITIVE OF ONLY CONDITIONS OBSERVED ON THAT DATE AND DOES NOT ACCOUNT FOR POSSIBLE SEASONAL VARIATIONS INTHE AQUIFER NOR LONGER PUMPING DURATIONS. • May- 15-03 10: 27AAQUA TEC SYSTEM JQ pd 60/i 1r 61")&uwci‘tine OaWaldo p tat Publics Itast lngeonment ,no.Monttoetng &I • 970-9$4--03Z2 REPORTING FORM FOR SAMPI.Vt FLEASE RU. OUT ONE FORM • FOR !E31 1 orNO i 3 MESE RESULXIIARETOBEVUD TO 1T Tf -m PIAISID COUNTY. riot = .-DAMCO(.4ClEDt� t-ntrit71 taddeitar SWIM11Ddi;ESSL��-—�--sOP CONTACT PERSON Pft0146 410 clg4-0311 sA>"+IPI.eIFft 13bt ii;11 WATER TYPE RAW .s -IW se CHLORINATED- E. or &Not TREAD E 1 SOMNZI:Or LOott =•Miss SAMPLE POIMAV At 4JeL.L Nrg A 1 ad • misiat ammo .00 SAMPLES IMO 10-SECOMPOSREDCO mtn1tAYES-[ 1 ce NO t I I0 RAkRY-sAMPL1i #, .2 a 5s • FuEtaiwator we A.01:0 -TTS LABORATORY NAME 6111 -ng Stovt4 ; eat 4--altsi. : N1fLPI ik i4TQ 1 Al 1t 5 . OATIANRL' d. .§,s 6r) COMMENTB' REl 1' L" ``elti-1 ,,, �n uA� C �,i Cif ASTALCiakiispil 1. /1 MAW* MIST MCA tontawnwrm ;cm aq NITIVISN EPAt mown utosai AVS, ion ,oB. .2‘22— -'too fl SOIL ..In/seas tat So Ms _te ti lwtwabrianLob PAM Kr•• Nrelmite to rseripme_I pts OiseldealoblimUwat 144Ii7roL0.� � !`tab beletaimpaled • /3));4.12- Jd3 VOWAfklivrat Mak MOS C01024041120 • MVP 4- ttl is • SAMPLE INFORMATIONS CLCOMMUNITY D NONCOMMUNITY 'PRIVATE Q notimINE ❑ RAW 0 REPEAT FOR THE -MONTH -OF ❑ SPECIAL PURPOSE 0-FINISHEII OF SYSTE4 tics 'SO) oC ADD SS CITY PWS ID MG/L CHLDRINERESIDUAL . COUNTY -COLLECTED DATE TIME BY z AM RECEIVED / / 0 PM ORPERED BY: (SAMPLE MAY NOTBETESTEDWALL TIONISNOTPROVIDEO) FEE STAMP LAB 106 (07/67) rnc� Ze Y nef� P -a, ooie 54 =Afro'?5,0A/A1‘6/' 4 $/ate TEST ORDERED STD MGT- 0_ OTHER RESULTS: SEE REVERSE FOR acPLANA TOTAL COLIFORM C3 PRESENT ZABSENT MOST PROBABLE NO. DENVER Q ANALYST COuFORM/IDOML GRD. OIL AND GAS LEASE Page 1 111111111111 IilI.1111111111EMI 111 111111 1111 • 809823 08/29/2002 01:37P 81382 P314 M ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO OIL AND GAS LEASE (Paid -Up) THIS AGREEMENT made and entered into this 154h day of July 2002, (but effective the 22th day of December, 2002) by and between Elna Gay Sefcovic, a widow, whose address is 3251 E. Road 479, Clifton, CO 81520 hereinafter referred to as"Lessor (whether one ormore),and PETROGULF CORPORATION, with offices at 518 Seventeenth Street, Suite 1455, Denver, Colorado 80202, hereinafter referral to as Lessee. WITNESSETH that Lessor, fa and in consideration of Ten and nd100 Dollars (S 10.00) in hand paid, the receipt of which is hereby achmowledged, and of the covenants mdameements hereinafter attained, has granted, demised, leased and let, and by these pressors does grant, demise, lease and let exclusively unto said Lessee the lards hereinafter described, together with any reversionary rights thcntiL with the exclusive right for the purpose ofdnlling, mining, prospecting, exploring by geophysical and other methods, operating for and producing therefrom al and/or gm of whatsoever nature or kind, and any substance, whether similar or dissimilar, produced in a gaseous state (hereinafter referred to as leased minerals"), together with the right to construct and maintain flow lines, pipelines, adhering lines, te3ephare and power lines, tanks, ponds, roadways, plans. equipment, and structures thereon to produce, save and take can of, and the exclusive right to inject sir,gas, wrier, brine and other fluids fon any same intothe subsurface strata (it being specifically mderatdwd and agreed that duringdrilling operations, if necessary, Lessee shall inject all air, water, brine and other fluids whir h may result flan or beailizndduring drilling operations, into a subsurface strata below the shale or rode formation wherein lies the water sauce which is used for irription en the lands covered by this lease) and any and all other rights and privileges necessary, incident to, or convenient for the economical operation of said land, alone or conjointly with neighboring land, for the production, saving and taking dare of leased minerals, and the mjertiau ofair, gas water, brine, and other fluids into the subsmfax strata, said lands being situated in the County of G8 rffeld State of Colorado, and being described as follows, to -wit. See Exhibit "A" (Legal Descriptions) Also See Exhibit 4B" (Top Lease Rider) Special Provisions: Petrogulf Corporation shall have the right to use 15 acres of surface for exploration, drill site locations, and production facilities . Locations for drill sites will be mutually agreed upon between Lessee and Lessor. Lessee agrees that upon completion of exploration activities, Lessee will reclaim the site to include reseeding. The Shut-in provision contained in this lease shall remain in effect for a period of five years after the expiration of the primary term hereof it being the purpose and intent of Lessor to lease, and Lessee -does hereby lease, an of the lands or interests in Inds owned by Lessor which adjoin the lands above described or which lie in the section or aotces herein specified. For all purposes of this lease, said lands shall be deemed to contain 492.676 axes, more or less. Subject to the other provisions herein 000tained, this lease shall remain in force for a term of five (5) years Tran effective date (December 22.2002), (herein called ''primary tem") and as Toot thereafter as leased minerals (specifically including coalbed methane and any and ell substances produced in association therewith from coal -bearing formations) is etnduced from the above described lad oron acreage pooled therewith, adrilling operations arc continuously prosecuted as hereinafter provided which primary tem may be extended in accordance with the provisdcas41400'101r*herein blow. "Gioia • operations"shall include operationsrequired for the drilling ofanew well, the reworking tack deepening or bof a well or hale or other operations conducted in an effort to obtain an-eatsblish - of oil and/or gm and/or en from coal bearing formations. Drilling operations stall be considered to be "continuously prosecuted" if nal more that ninety (90) days shall elapse between the completion or abandonment of one well or hole and the commencement of drilling operations on another well or hole. If, at the expiration of the primary tem of this lease, leased minerals is not teingproducedfian the above described land or acreage pooled therewith, but I Posse is then engaged in drilling operations, this lease shall continue in fora so long as drilling operations are continuously prosecuted on the leased acreage a acreage pooled therewith; and if production of leased minerals results from any such drilling operaionns, this leave sheik:maims nliuue in force so long m leased minerals shall be produced It; scathe exph0enofthe primacy term of this lease, production from the above described land should cease, this lease shall not tetninate if Lessee is then prosecuting drilling operations, or within ninety(90) drysaaaeadt such erssatim of production commences drilling operations, and this lease shall remain in force so long as such operations are continuously prosecuted, end if production results therefrom, then as long thereafter as leased minerals arc produced in and under the above described land or acreage pooled therewith. If leased minerals shall be discovered and produced as a result of such operation at or alar the expiration ofthe primay term or this lease, the lease shall continue im fora so long as leased mineral are produced from the leased premises or on acreage pooled therewith. Unless extended by production or other method as defined herein Of as provided for herein, this lease shall automatically expire at the end of the primary term described herein. In consideration of the premises, it is hereby mutually agreed as follows: 1. On leased minerals pocked horn said land and sold or produced from said had and crud off the leased penises or in the manufacture of gasoline or other products, Lessee shall paytoLcssaa sum equal to fifteen percent (15 %) of the net proceeds received from the sale of such produced substances where the same is sold at the mouth of the well or, if not sold at the mouth of the well, then fifteen percent (15%) of the market value thereof at the moth of the well, but in no event mare than fifteen percent (15%) of the actual amount received by Lessee fa the sale thereof. Without limi0ngthefeepting it is expressly agreed that Lessee shall have the tight to deduct from Lessors royalty on any gas produced hereunderthe royalty share of the costs, if any, of transpatatiam to the point of delivery to the catheter of such production and all applicable production, severance, and other taxes. 2. Hewett capable of producingleaed minerals in paying quantities located on the leased premises (or on acreage poled or consolidated with all ora patio of the leasedpnanise ireaamk fathe drilling aoperation of such well) is at anytime shut-in and no leased minerals therefrom is sold oru used off the premises or for the manufacture of gasoline or other products, such shut-in well shall be deemed to be a will on the leased premises producing leased minerals in paying quantities and this lease shall continue in face during all of the time or times while suds well is so shut-in, whether before or after the expiration of the primary term hereof. Lessee shall use reasonable diligence to market leased minerals capable of being produced from such shut-in well but shall be under no oblivion to market such pockets amber the tenns,conditions or circumstances which, in Lessee's judgment exercised in good faith, are unsatisfactory. Lessee shall be obligated to pay or tender to Lessor on or before the anniversary date aides lease next ensuing after the expiration of ninety (90) days from the date such well in shut-in and thereafter on or before One succeeding anniversary dates of this lease during the period aperiodssrLwell is dax- in,as royalty the ano.mtof Four Hundred Ninty Two and 68/100ths Dollars (••5492.68••), provided that, if leased minerals from such well is sold a used as aforesaid prior to my suth amiversay date of this lease, or if at any such anniversary date, this lease is being maintained in face and effect otherwise that by reason of web shut-in well, Lessee shall not be abligated topayatender, oa before that particular aaiversay date, said amu of matey. Such payment shall be deemed a royalty under ell provisions of this lease. Such payment may be made or tendered directly to Lhasa at the address reflected hereinabove. All payments or tenders may be made by cash, Mack or draft, mailed or delivered on or before the payment date, and the depositing of such cash, check or haft in raypmtotia, addressed to Lessor (at his last Known address as shown by Lessee's records) on or before the payment date, shall be deemed payment or tender m herein provided. Notwithstanding to death ofLesse', payment cctesdad' shut-in royalty to such deceased or to his credit in the manner provided herein shall be binding on the heirs, devisees, executors, administrators and personal representatives of Leraer and his stocessotsin interest Royalty ownership as of the date of payment as shown by Lessee's meads shall govern the determination of the petty or parties entitled to receive such payment. In oonsidraim of the obligation so mlpy, it shall within the meaning of all terms of this lease, including the habendum dense, be conclusively deemed that teased minerals is being produced from the premises during the time such leased minerals is not solder used. Notwithstanding any provision to the contrary herein, it is expressly agreed that the foregoing shut-in royalty obligation shall be in effect both during and after the primary tato. 3. THIS IS APAID-UP LEASE. In consideration of the down payment, Lessor agrees that Lessee shall not be obligatedm commence or continue any drillingopentions during the primary tum hereof or to make any rental payments during such primary term. 4. Should Lessor hereafter acquired any additional right, title or interest in and to the said land, it shall be subject to the provisions hereof to the same extent as if owned by Lesser at the date hereat. 5. If Lessor owns a less interest in thefad covered by this lease than the entire ma dad fee simple mineral estate therein, then whether or not such less iraurais Mated ma derailed herds shut-in royalties and royalties heroin provided shall be paid Lessor only in the proportion which his interest bears to the whole and undivided mineral fee. However, arysuch shut-in royalty shall be increasedathe next succeeding anniversary date after any reversion occurs to cover the interest so acquired provided Out notice of said reversion is provided to Lessee under the terns of this kase. 6. If the estate of either patty hereto is assigned or sublet, and the privilege of assigning or subletting in whole or in pat is expressly allowed, the express aridimpliedaoseoamltueafshill extend to the sublessees, suomsaots and assigns of the pasties; and in the event of an assignment or subletting by Lessee, Lessee shall be relieved and discharged es to the leasehold rights so assigned or sublet from any liability to Lessor thereafter accruing upon any of the covenants or auditions of this lease, either express or implied. No change inthc ownership of the land, rentals or royalties, however accomplished, shall operate to enlarge the obligations or diminish the rights of Lessee a require separate measuring or installation of separate tanks by Leasee. Notwithstandingmy actual or constructive knowledge ofor notice to Leasee, no change in the ownership of said lad or of the right to receive shut-in royalties or other royalties hereunder, or of any interest therein, whether by reason of death,emveyaceor any ether matter, doll be binding on Lessee (except et Lessee's option in arty paticula ease) until ninety (90) days after Lessee has been furnished written notice thereof, and the supporting information henmatnrefertedto, bythe party darning ea a result of such change in ownership or interest. Such notice shall be supported by original or certified copies of all documents and other immnnents or pmoeedinlsnecesaay in Lessee's opinionto establish the ownership of the claiming party. If at any time there be as rarely as six (6) partes (or more) entitled to receive royalties oda this lease, Lessee may withhold payment thereof unless and until all parties designate in writing in a recordable instrument to be fried with the Lessee, the trustee or agent to receive all royalty payment due hereunder and to execute division and transfer orders on behalf of said panes and their respective soccessas in lite. 7. Lessee may, at any time, execute and deliver to Lessee or place of record a release covering all of any part of the acreage embraced in the leased premises or covering any one or more zones, formations or depths underlying all or any part of such acreage, and thereupon shall be relieved of all obligations thereafter to accrue with respect to the acreage, Anes, fammaoordcprla covered bysuch Meese. In the event of a release of this lease as to all rights in only a pan of the acreage embraced in the leased premises, thereafter the shut-in royalties hereinabove provided for shall he reduced proportionately a at acreage basis. 8. lessee is granted the right. from time to time while this lease is in force, whether before Of after the commencement of drilling operations, to pool into a separate operating mita units, all a my part of the lad covered by this tease with other land, lease or leases, or interests therein (whether such other interests are pooled by avoluntary am -cement on the part of the owners thereof or bythe exaascofa tight to pool by the lessees thereat), whoa in Lessee's judgment it is necessay a advisable in order to promote conservation, to properly develop or operate the lad and interests to be pooled, or to obtain a n multiple production allowable from my governmental agency having control over such maters. Any pooling hereunder may cover all leased minerals as to one or more or all zones or narrations askdynngall oe any potion orportions oftbe leased eternises. My unit formed by such pooling shall be of abutting or cornering tracts and stall not exceed 640 acres (plus amlerace of 10%) for gas or gra o earls to and tat not exceed 40 roes (plus s tolerance of 10%) for any other substance covered by this lease, provided that if any governmental regulation or order shall prescribe a spacing proem for the development &a field Same OIL AND GAS LEASE i iniii nisi nAi in ui iiiiini iii nin uii im Page 3 609823 08/29/2002 01:37P 61382 P316 M ALSDORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EXHIBIT 'A' • Attached to and made a part of that certain Oil and Gas Lease dated July 15, 2002 (but effective December 22, 2002), by and between Elna Gay Sefcovic, a widow, as Lessor and Petrogulf Corporation, as Lessee. Legal Description Tract #1 Township 7 South, Range 94 West, 6th P. M. Section 7: W/2W/2NE/4, N/2SE/4, N/2S/2SE/4 And Also A parcel of land situated in the SE/4 of Section 7, 7S -94W, being more particularly described as follows: Beginning at the scribed stone dated 1911, know as the Southeast corner of said Section 7, which when aligned with the General Land Office Brass Cap also dated 1911, known as the S/4 corner of said Section 7, is assumed to bear S. 88° 37', 23" W. and all bearings contained herein to be relative thereto; thence North 02° 45', 49" East along the East line of said SE/4 487.67 feet to the true point of beginning; thence leaving said East line South 88° 37', 23" west 2530.44 feet to the West line of said SE/4; thence along said West line North 00° 07', 12" East 193.06 feet; thence leaving said West line North 88° 50', 16" East 2538.70 feet to the East line of said SE/4; thence along said East line South 02° 45', 49" West 183.97 feet to the true point of beginning. LESS AND EXCEPT that parcel of land located in the E/2 of Section 7 containing 80.134 acres as conveyed in Book 853, Page 819. Garfield County, Colorado Containing 92.542 acres, more of less. Legal Description Tract #2 Township 7 South, Range 94 West, 6th P.M. Section 7: A parcel of land being a part of the E/2 of Section 7 and more particularly described as follows: Beginning at the East quarter corner of Section 7, being a monument of record, and the true point of beginning; thence South, being the basis of bearing, a distance of 645.58 feet to a rebar and cap; thence South 86° 14', 33" West a distance of 2608.62 feet to a rebar and cap; thence North 02° 49', 47" West a distance of 3364.57 feet to the witness corner for the North quarter corner of Section 7, being a brass cap in place; thence North 02° 49', 47" West a distance of 10 feet to a point; thence 87° 05', 41" East a distance of 656.24 feet to a point; thence South 02° 54', 37" East a distance of 2714.20 feet to a rebar and cap; thence North 86° 25', 26" East a distance of 1980.28 feet to the point of beginning. Garfield County, Colorado Containing 80.134 acres, more or less. Legal Description Tract #3 Township 7 South, Range 94 West, 6th P.M. Section 7: The South 28.13 acres, more or less, of the SE/4 of Section 7, being more particularly described as follows: Beginning at the scribed stone dated 1911, known as the Southeast corner of said Section 7, which when aligned with the General Land Office Brass Cap also dated 1911, known as the S/4 corner of said Section 7, is assumed to bear S. 88° 37', 23" W. and all bearings contained herein to be relative thereto; Beginning at said Southeast corner of said Section 7, thence South 88° 37', 23" West along the South line of said of said SE/4, 2507.94 feet, more of less, to the S/4 corner of said Section 7; thence North PRODUCERS 88 -PAID UP Rev. 5-60, No. 2-8pt. Spec. CO 1 111111 111111 1111 1111111111111111111111111111111 584113 12/20/2001 03:31P 81314 P130 M ALSDORF 1 of 3 R 15.00 D 0.00 GARFIELD COMITY CO OIL AND GAS LEASE 1 AGREEMENT, Made and entered into the 19th day of Novembi , 20 04 -, by and between whose post office Dannle P. Locklear, a single man address is P.O. Bag 1011. Rifle. CO 81650 hereinafter called Lessor (whether one or more) and WIIIIamS Production RMT Comoanv whose post office address is 1515 Arapahoe Street. Tower 3. Suite 1000. Denver.00 80202 , hereinafter called Lessee: WITNESSETH, That the Lessor, for and in consideration of Ten end More DOLLARS cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter contained, has granted, demised, leased and let, and by these presents does grant, demise, lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods, and operating for and producing therefrom oil and all gas of whatsoever nature or kind, with rights of way and easements for laying pipe lines, and erection of structures thereon to produce, save and take care of said products, all that certain tract of land sittuatd as follows, the ounto-witty of Garfield State of Colorado SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: and containing 92.54 acres, more or less. This lease shall specifically include coalbed gas and occluded gas from coal seams. 1. It is agreed that this lease shall remain in farce for a term of five (5) years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith, or drilling operations are continued as hereinafter provided. If, at the expiration of the primary term of this lease, oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re -working operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall be considered m be continuously prosecuted if not more than ninety (90) days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith, the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re -working operations within ninety (90) days front date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such operations at or after the expiration of the primary term of this lease, this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. In the event a well or wells is drilled and completed on the lands, or on the lands pooled therewith, for the purpose of developing coalbed gas, the word "operations" shall mean, in addition to those matters covered in the preceding paragraph. (1) operations of said wells to remove water or other substances from the coalbed, or to dispose of such water or other substances, even though such operations do not result in the production of hydrocarbons in paying quantities, or (2) shutting -in or otherwise discontinuing production from said wells to allow for surface or underground mining affecting the drillsite or wellbore. 2. This is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the primary term. Lessee may at any time or limes during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases, and be relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: l° To deliver to the credit of Lessor, free of cost, in the pipe line to which Lessee may connect wells on said land, the equal one-eighth (1/8) part of all oil produced and saved from the leased premises. Td To pay lessor on gas and casinghead gas produced from said land (I) when sold by lessee, one-eighth of the net proceeds derived from such sale or (2) when used by lessee off said land or in the manufacture of gasoline or other products, the market value, at the mouth of the well, of one-eighth of such gas and casinghead gas, lessor's interest, in either case, to bear one-eighth of the cost of compressing, dehydrating and otherwise treating such gas or casinghead gas to render it marketable or usable and one-eighth of the cost of gathering and transporting such gas and casinghead gas from the mouth of the well to the point aside or use. 3id To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one- eighth (1/8) of the proceeds, at the mouth of the well, payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used, Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder, such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 90 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made, it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties (including any shut-in gas royalty) herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears the whole and undivided fee. 6. Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for Lessee's operation thereon. Lessor shall have the right to gas free of cost from any well on the lands covered herein for use in the principal dwelling house on said lands at the date of this lease. Lessor shell be fully responsible for conditioning the gas for domestic use and the safety and maintenance of connecting lines. 7. When requested by Lessor, Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall be drilled nearer than 200 feet to the house or barn, now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. 11. The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest (by assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title front Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive, shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee, end all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned, no leasehold owner shall be liable for any act or omission or any other leasehold owner. 12. Lessee, at its option, is hereby given the right and power at any time and from time to time as a recurring right, either before or after production, as to all or any pan of the land described herein and as to any one or more of the formations hereunder, to pool or unitize lie leasehold estate and the mineral estate covered by this lease with other land, lease or leases in the immediate vicinity for the production of oil and gas, or separately for the production of either, when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas, may be reformed to exclude such non -producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production, drilling or reworking operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production, drilling or reworking operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified, including shut-in gag royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease; such allocation shall be that proportion of the unitroduction that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit. In addition to the foregoing, Lessee shall have the right to unitize, pool, or combine all or any part of the above described lands as t0 one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental autharil and, from time to time, with like approval, to modify, change or terminale any such plan or agreement and, in such event, the terns, conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions, and provisions of such approved cooperative or unit plan of development or operation and; particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the drilling and developmentrequiremerirs of such plan or agreement, and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder :o Lessor, be regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land; and the royally payaents to be made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency be executing the same upon request of Lessee. 13. All express or implied covenants of this lease shall be subject to all Federal and State Laws, Executive Orders, Rules or Regulations, and this lease shall not be terminated, in whole or in part, nor Lessee held liable in damages, for failure to comply therewith, if compliance is prevented by, or if such failure is the result of, any such Law, Order, Rule or Regulation. 14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for Lessor, by payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by Lessor and be subrogated to the rights of the holder thereof, and the undersigned Lessors, for themselves and their heirs, successors and assigns, hereby surrender and release all right of dower and homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the parties hereinabove named as Lessor fad to execute this lease, it shall nevertheless be binding upon all such parties who do execute it as Lessor. The word "Lessor," as used in this lease, shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs, successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. 11 I Dannle P, Locklear S5*: 245-62-5522 1111111 111 11 111111 1111 11111 111111111111 111 I2 III LSDDRI1 3 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" • ATTACHED TO AND MADE A PART OF THAT CERTAIN OIL AND GAS LEASE DATED NOVEMBER 19, 2001, BY AND BETWEEN DANNIE P. LOCKLEAR, A SINGLE MAN, LESSOR, AND WILLIAMS PRODUCTION RMT COMPANY, LESSEE. DESCRIPTION OF LANDS: Township 7 South, Range 94 West, 6th P.M. Section 7: W/2W/2NE/4, N/2SE/4, N/2S/2SE/4 and; A parcel of land situated in the SE/4 of Section 7 being more particularly described as follows: Beginning at the scribed stone dated 1911, known as the Southeast Comer of said Section 7, who when aligned with the General Land Office Brass Cap also dated 1911, known as the S1/4 Corner of said Section 7, assumed to bear South 88°37'23" West and all bearings contained herein to be relative thereto; thence North 02°4549" East along the East line of said SE/4 487.67 feet to the True Point Of Beginning; thence leaving said East line South 88°37'23" West 2530.44 feet to the West line of said SE/4; thence along said West line North 00°07'12" East 193.06 feet; thence leaving said West line North 88°50'16" East 2538.70 feet to the East line of said SE/4; thence along said East line South 02°45'49" West 183.97 feet to the True Point Of Beginning; LESS AND EXCEPT a certain parcel of land being a part of the E/2 of Section 7, Township 7 South, Range 94 West of the 6th P.M., and more particularly described as follows: Beginning at the East quarter corner of Section 7, being a monument of record, and the True Point of Beginning, thence South, being the basis -of -bearing, a distance of 645.58 feet to a rebar and cap, thence South 86°14'33" West, a distance of 2608.62 feet to a rebar and cap, thence North 02°49'47" West, a distance of 3364.57 feet to the witness comer for the North quarter corner of Section 7, being a brass cap in place, thence North 02°49'47" West, a distance of 10.00 feet to a point, thence North 87°05'41" East, a distance of 656.24 feet to a point, thence South 02°54'37" East, a distance of 2714.20 feet to a rebar and cap, thence North 86°25'26" East, a distance of 1980.28 feet to the Point of Beginning (said excepted parcel of land containing 80.134 acres). Containing 92.54 acres, more or less. Lessor herein intends to lease to Lessee any right, title and interest Lessor may have in and to any and all mineral rights on, in and under any and all streets, county roads, highways, railroad strips and/or any other easements and rights of way whatsoever, canals, ditches and other waterways lying across and/or adjacent and/or in any way appertaining to the lands hereinabove described. SIGNED FOR IDENTIFICATION: Dannie P. Locklear i O8Z138 85/05/2001 03:37P 512if P779—P1 RL8p0Rr 1 of 2 R ie. 00-D.0a00_.GARF/EUI COUNf7 CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED made by Mary Margaret Burns -and Frederick Lawerence Sefcovic, as Co -Personal Representatives of the Estate of Felix Steven Sefeovic, Deceased, (Grantors), granting to Elna Gay Sefcovic, (Grantee), whose addresr is 414 Glendale Way, Box #6, Grand Junction, Colorado 81504. WHEREAS, Grantors are the qualified Co -Personal Representatives of said Estate, Probate No. 00PR297, Mesa County, Colorado; and property WHEREAS, Grantee is entitled to distribution of the hereinafter dc d real NOW, THEREFORE, Grantors Convey, assign, transfer, and release to Grantee all of Grantors' interest in and to theme, gas or other mineral interests or royalties in, under or upon that real property in Garfield County, Colorado, to wit: Beginning at the scribed stone dated 1911, known as the Southeast corner of said Section 7, who when aligned with the General Land Office Brass Cap also dated 1911, known at the SY4 comer said Section 7, isassumed to bear S 88 37'23" W and all bearings contained herein to be relative thereto: thence N 02 45249" E along the East line of said SE'/, 487.67 feet to the true point of beginning, thence leaving said East line S 88 37'23" W 2530.44 feet to the West line of said SE'/a, thence along said West line N 00 07'12" E 193.06 feet, thence leaving said West line N -88 50'16" E 2536:70 feet to the East line of said SE'/+, thence along said East line -S-02 45'49' W I839Tfeet to the true point of beginning, all in Section Seven (7), Township -7 South, Range 94 West of the 6* P.M.; and the West Half of rhe West Half of the Northeast Quarter; North-Hal€of the Southe-u t Quarter; and the North Halfofthe South Halfofthe Southeast Quarter; all in Section Seven (7), Township 7 South, Range 94 West of the 6t P.M. Garfield County, Colorado; Together with all of Grantors' right to ingressandcgress for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas and other minerals. EXECUTED this f day of F 7 , 2001. d 0444 �u2 Mar Margaret Burns, Co -Personal Representative of the Estate of Felix Steven Sefcovic, Deceased Frederick Lawrence Se c, Co -Personal Representative of the Estate of Felix Steven Sefcovic, Deceased • 582138 08/06/2001 03:37P 81258 P750 A ALSDORF 2 of 2 R 10.00 D 0.00_GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OFL'% ) The foregoing instrument was acknowledged before me- on- this 3A °ay of % 2001, by Mary Margaret Burns, Co -Personal Representative of the Estate of Felix tevgn Sefcovic, Deceased. Witness my hand and official seal. My commission expires: (j21t t' \D 1 5 STATE OF COLORADO ) COUNTY OF 7/7/1 of Fel' The foregoing instrument was acknowledged before me on this .3d'day of , 2001, by Frederick Lawrence Sefcovic, Co -Personal Representative oftheEstate teven Sefcovic, Deceased. Witness my hand and official seal. My commission expires: -D 9/20;?/49.2 fq Expas W18/2002 • • Holms Creek (Locklear) Exemption Chain of title. narrative July28, 1954 ,4Q__8 �acnes were transferred from Charles W. Patton to Felix S. and Elmarcel. Gay Sefcovic as one p October ..2 1988, approximate) 182 6 ay res were transferred to Dannie P and Edith D. Locklear as one parcel. SAN`%Ili 3 one parcel. , approximately 80.143 acres was transferred to TED 6.4..0C. as As a this date, May27, 2003, a total of three (3) }parcels have beeri.created from the original 408 acres, all greater than 35 arcres. The parcel effected by this application for exemption is a total of approximately 92.54 acres, of which_5 acres urill be exemptedby this action and will constitute the forth and final parcel qualified for exemption. Proposed sewage dispocal: Individual _Sewage Disposal Systems .Fach parcel will haveand inspected and approved ISDS. -r, 2RRe-t. •3- It.worde,lat•, ..o'clock. n......M. .. ,.w,1.. :. 17 1. Reception N,,..1:•1..:A. ; •i.::aa.•,a.::..t.:_:4at. Recorder HIS D)I•:F:Ii, Made thin Z�',th • y, al of our Lord one thousand nine hundred and 6etwrbn. 'Eharles W. I'atton of the Colorado, of the first,part, and day of J ul y • in the Iifty-four County of Garfield Felix S. Sefcovic and Elna Gay Sefcovic and State of of tho County of _Pueblo and State.of Colorado, of the second part: _...__._. WITNESSETH, That the said part y of the first part, for and in consideration of the sdm of -- $10.00 and other good and valueable consideration - 661107 ;54118. - to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hcnd,y contemned and acknowledged, ha 5 -granted, bargained, sold and conveyed, and by these presenta.do CS g, nnt, Largittrc- e11, F,niey and confirm unto the said partici �f the second part, not in tenancy. in common but in joint tenancy, thc.survivor of them, their assigns and the heirs and assigns of such survivor forever. all the follow- ing dnncribrd lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: West Half of the•.Northeast Quarter (00.4); -Southeast Quarter (SEs), and - the Northeast Quarter of the Northwest Quarter (NE-NW1) of Section Seven (7), except that tract conveyed to Adam Crouse. by instrument recorded in Book 100 at page 363, Garfield County records; Lots One (1) and Two (2), ---and the South Half of the Northeast Quarter (S.!5NEi) of Section Eighteen (18) in Township Seven (7) South, Range Ninety-four (94) West -of the Sixth Principal Meridian; to.gethor with an undivided 3/8 interest in the Martin and Kennedy Ditch No. 57 and its Priority No. 86 in Water District No. 45 and all interest in the Anderson Ditch from Cottonwood Creek; togettlgr with all grazing rights and privileges used in connection with said land. Together with ail ditch and water rights appurtenant thereto or used in connection therewith. Consisting of approximately 408 acres on Holmes Mea - Also together with all of grantor's domain and grazing permits used connection with said lands. .The granto reserves for himself, his heirs and assigns one-half of all gas and minerals found in or upon said premises and one-half of all the 'royalties in the present outstanding oil and gas lease upon the condition,' however, that on failure to discover oil prior to August 1, 1964, this reservation shall terminate and the one-half interest herein reserved shall revert to the grantees, thcij heirs and assigns. • , I \rtEII tu:.\ i\IIN\\I af•11 \I A DOCUMENTARY, E.ICITtr..:ls{ 21,CnNTAL.4.: \\\ • 0 TOGETHER with all and singular the hereditaments and appu .enances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and of the first part, either in all the estate, right, title, Interest, claim and demand whatsoever of the -said part y �. of . first •.. • A, r.., Remanded at Reception No 3:047 o'clock ! • fUY '2, 1dr716 38/ r-rtJJJr, t—t' (�GGLLL WARRANTY DEED THIS DEED, Made this 25th day of October 19 88 , between FELIX S. SEFCOVIC AND ELNA GAY SEFCOV[C of the --- "County of Mesa State of Colorado, grantor, and DANNIE P. LOCKLEAR AND EDITH D. LOCKLEAR and Recorder. • -t 43 P,re637 GAMED tat3 j o Doc. Fee8 $ 00 whose legal address is P. 0. Box 1011 Rifle, Colorado 81650 of the ---- County of Garfi el d and State of Colorado, grantees: WITNESS, that the grantor, for and in consideration of the sum of ----Eighty Thousand and no/100 DOLLARS, 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 grantees, their heirs and assigns forever, not in tenancy in commonirj'en-'aeyr 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 EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF GRANTORS HEREBY RESERVE 50% of all oil, gas and minerals and mineral rights located thereunder. GRANTORS ALSO RESERVE an access easement to the grave site of Albert Sefcovic as recorded in Deed to Rifle Ski CorForation recorded March 31, 1971 in Book 4181 at Page 134, reception No. 249342. also known by street and number as TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents. isstes 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, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeas hie estate of inheritance. in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey tht same in manner and form aforesaid, and that the same are free and clear from all former and other grants. bargains, sales. liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,except see Exhibit "B" attached hereto and forming a part hereof The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees. their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural. the plural the singular, and the use of any gender shall be applicable to all genders. I WITNESS WHEREOF the grantor has executed this deed on the date set forth above. ,� �; Felix S. Sefcovic Elna Gay fcovic STATE OF COLORADO County of Garfield The foregoing instrument was acknowledged before me this 25th . Sefcovic and Edith Gay Sefcovic ery t *If in Denver, insert "City and." day of October ,19 88 , Witness my hand and official seal. My Commisison expires Apri 1 29 , 19 90 . Notary Publi 400 7th Street South Suite 1000 Rifle, Colorado 81650 No. 921A. Rev. 3.85. WARRANTY DEED las- fl Bradford Publish ng. 5825 W. 6th Ave.. Lakewood. CO 80214 — (303) 2336900 8-86 •BIT 'A" b,' -K 744 F. 38 TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6th P.M. Section 7: West half of the West half of the Northeast quarter (W1/2W1/2NE1/4); North half of the Southeast quarter (N1/2SE1/4); North half of the South half of the Southeast quarter (N1/2S1/2551/4) and; A parcel of land situated in the SE1/4 of Section 7, Township 7 South, Range 94 West of the -6th P.M., County of Garfield, State of Colorado, and being more particularly described as follows: Beginning at the scribed stone dated 1911, known as the Southeast Corner of said Section 7, who when aligned with the General Land Office Brass Cap also dated 1911, known as the S1/4 Corner of said Section 7, assumed to bear South 88°37'23" West and all bearings contained herein to be relative thereto; thence North 02°45'49" East along the East line of said SE1/4 487.67 feet to the TRUE POINT OF BEGINNING; thence leaving said East line South 88°37'23" West 2530.44 feet to the West line of said SE1/4; thence along said West line North 00°07'12" East 193.06 feet; thence leaving said West line North 88°50'16" East 2538.70 feet to the East line of said SE1/4; thence along said East line South 02°45'49" West 183.97 feet ;o the TRUE POINT CF BEGINNING. TOGETHER WITH the following described water and water rights; title to which is not included in the warranties contained herein: Any and all appurtenant water and ditch rights, specifically including: a) 1/8 interest in the water in the Martin Kennedy Ditch; b) 3.7 cubic feet per second in the Anderson Ditch from the Cottonwood; c) a domestic well located in the Northwest Quarter of the Southeast Quarter of said Section 7. d) The Eastern most spring in Lot 1, Section 18, T7S, R94W, together with an easement and right of way to construct, maintain and repair an underground pipe- line for the carriage of said spring water as reserved and described in document recorded March 31, 1971 in Book 418 at Page 134, Reception No. 249342. EXHIBIT "B" 1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded April 15, 1912 in Book 71 at Page 539 and in patent recorded January 6, 1902 in Book 12 at Page 581 and in patent recorded January 15, 1894 in Book 12 at Page 266. 2. Easement and right of way for the Martin and Kennedy Ditch, the Anderson Ditch and any other ditches currently in place and in use. 3. Easement and right of way for County Road No. 301. 4. Easement and right of way for the construction, operation and maintenance of a pipe -line as granted to Western Slope Gas Company in instrument recorded April 25, 1962 in Book 340 at Page 541. 5. Easement and right of way for the Cottonwood Gulch Ditch as granted to Walter B. Lemon in deed recorded August 13, 1979 it Book 533 at Page 120. 6. Access easement granted to Colorado -Ute Electric Association in instrument recorded February 12, 1985 in Book 664 at Page 21C and in instrument recorded June 6, 1985 in Book 670 at Page 110 and in instrument recorded June 24, 1985 in Book 671 at Page 135. 7. Terms and conditions of Oil and Gas Lease by and between Felix S. Sefcovic and Elna Gay Sefcovic, as Lessors, and Barrett Energy Company, as Lessee, recorded September 22, 1987 in Book 721 at Page 273, and any and all interests therein or assignments thereof. 8. General taxes and assessments for the year 1988 and subsequent years. 9. Easements and rights of way in existence. • • 476919 EI -937 P-903 04/20/05 11:35A PG 1 OF 2 REC DCC JIILDRED ALSDCRF GARFIE_LD COUNTY CLERK AND RECORDER 10.00 OUIT CLAIM DEED Edith D. Locklear, whose address is POB 333, Rifle, CO 81650, for the consideration of One Dollar and other good and valuable consideration, in hand paid, hereby sells and quit claims to Dannie P. Locklear, whose address is POB 1011, Rifle, CO 81650, Garfield County, Colorado, the following real property, in Garfield County, Colorado, to -wit: see Exhibit A attached. also known as (street address): none, vacant land. Documentary fee: none, consideration less than $500.00. with all its appurtenances. Signed this /7r'fc day of Edith D. Locklear STATE OF COLORADO ) Garfield COUNTY )ss. 1992. The foregoing instrument was acknowledged before me this -jk_ day of (7t770/ , 19 9.L by Edith D. Locklear. My commission expires: b' JAL - ys Witness my hand and official seal s4uw B.x 907 C17) -) Notary Public 44. 476919 B-937 P-904 04/20/95 11:35A PG 2 OF 2 COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company File Nu. 8810010 Policy No. 107-589820 EXHIBIT "A" TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6th P.M. Section 7: West half of the West half of the Northeast quarter (1.11/2W1/2NE1/4); North half of the Southeast quarter (N1/2SE1/4); North half of the South half of the Southeast quarter (N1/251/2S£l/4) and; A parcel of land situated in the SE1/4 of Section 7, Township 7 South, Range 94 West of the 6th P.M., County of Garfield, State of Colorado, and being more particularly described as follows: Beginning at the scribed stone dated 1911, known as the Southeast Corner of said Section 7, who when aligned with the General Land Office Brass Cap also dated 1911, known as the S1/4 Corner of said Section 7, assumed to bear Saoth 88°37'23" West and all bearings contained herein to be relative thereto; thence North 02°45'49" East along the East line of said SE1/4 487.67 feet to the TRUE POINT OF BEGINNING; thence leaving said East line South 88°37'23" West 2530.44 feet to the West line of said SE1/4; thence along said West line North 00°07'12" East 193.06 feet; thence leaving said West line North 88°50'16" East 2538,70 feet to the East line of said SE1/4; thence along said East line South 02°45'49" West 183.97 feet to the TRUE POINT OF BEGINNING. II Ij N;r II sd Recorded at _ Reception No. 'LIDS DEED, Made This 19 9 3. between of the Colorado, grantor. and In 0 '1 1993 W,IRRANTY DEED 7th day of Dannie P. Locklear County of Garfield Ted V. Clark January and State til FEB 01 1993 r Ctr^.Ill' IELD SttcOo. Fes whose legal address is P. 0. Box 186 Rifle, Co 81650 of the County of Garfield and Stale of Colorado. grantee: WITNESSETH, That the grantor fin: and inconsideration ofthe stun of Ten Dollars and other good and valuable consideration 80V,s the receipt and sufficient y of which is hereby;Ic•knowledged, has granter. bargained, sold and conveyed. and by these presents does grant- bargain. � sell. convey and centime, unto the grantee, his oeirs and assigns forever, all the real properly together with improvements. if any. situate. lying and being in the County of Garfield and State of Colorado described as follows: All that property set forth on Exhibit A attached hereto and incorporated herein by this reference as known by street and number :Is: TOGETHER with all and singular the hcradiumu:ins and appurtenances thereto belonging. or in anywise appertaining. and the reversion and reversions. remainder and remainders, rents, issues and profits thereof, and ;ill doe estate. righ.. tide, interest, claim and demand whataeve, of the j grantor. either in lies or equity. of in and to the above bargained premises. with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the grantee, hi.. heirs and assigns forever. and the grantor. Mr himself. his heirs. and personal representatives, does covenant, grant. bargain, and agree to and with the grantee. his heirs and assigns. that at the time of the unsealing and delivery of these presents. he is well seized of the premises above conveyed. has good. sure. perfect, absolute and IntImeasible estate of inheritance, in Law. in fee simple. and has good right. full power and lawful authority to grant bargain. sell and convey the same . j in manner and form as aforesaid, and that the same are free and clear from all lorinlr and other grants. bargains. sales. hens. takes, assessments, encumbrances and restrictions of whatever kind or neuro srever. except those exception sti't forth on 11 Exhibit B attached hereto and incorporated herein by this reference,. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee. his heirs and assigns, agalast all and every person or persons lawfull_ claiming the whole or any part thereof: The singular number shall include the plural. the plural the singular. and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF. the grantor has executed this deed on the date set forth abrne. 311%-57.1171/11e Danne . Locklear by STATE OF COLORADO count"'r Garfield The foregoing instrument was acknowledged before me this 1,th Dannie P. Locklear. aly commission expires 'If in Denver, insert "C'ity and •layof January .1993 . %% ;18,..... nix hoist and til nail seal /+ •) .. f! C—sZ—+rC'..c.,' 1iLd—:roc.;_ 111.11. Name and Address of Person Creauog Newly Created Legal De erlOt a l* 31LJYI46. No, 932A. Rev. 7-84. WARRANTY DEED (For Pholoer.phic Record) orad lord Puhll sol i np. 174 7 \\'arrr 31., [howl'. ('1) Mll:ll. — t3(1.1) :92-24M1 — 12.91 0. BEK 853 mES2O EXHIBIT A A certain parcel of land tieing a part of the East h of Section 7, Township 7 South, Range 94 West of the 6th P.M., in the County of Garfield, State of Colorado, and more particularly descried as follows: Beginning at the East quarter corner of Section 7, being a monument of record, and the true point -of -beginning, thence South, being the basis -of -bearing, a distance of 645.58 feet to a rebar and cap, thence South 86°14'33" West a distance of 2608.62 feet to a rebar and cap, thence North 02°49'47" West a distance of 3364.57 feet to the witness corner for the North quarter corner of Section 7, being a brass cap in place, thence North 02°49'47" West a distance of 10.00 feet to a point, thence North 87°05'41" East a distance of 656.24 feet to a point, thence South 02°54'37" East a distance of 2714.20 feet to a rebar and cap, thence North 86°25'26" East p distance of 1980.28 feet to the point -of -beginning. Parcel contains 80.134 acres, more or less. Grantor reserves a non-exclusive easement for ingress and egress over the West 20 feet of the above-described parcel, and forur ose. of ^uried utility lines to serve grantor's adjoining properr oniy. TOGETHER WITH all ditches, ditch rights and easements and rights of way appurtenant to and used on said property, including but n -t limited to 3.7 cubic feet per second of time in the Anderson Ditch out of Cottonwood Creek and 3/4 of grantor's 1/8 interest in the Martin Kennedy Ditch. TOGETHER WITH any and all oil, gas, minerals and mineral rights owned by grantor in, on or under said property and together with any and all rights of grantor under any leases thereof. TOGETHER with an easement for access purposes over and across property owned by grantor located southerly of and adjoining the above property which easement expires upon conveyance by grantor of said adjoining property to any third party. Zi1;Y 853 mi:S21 EXHIBIT B 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, ar.d a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded April 15, 1912, in Book 71 at Page 539 and in Patent recorded January 6, 1902, in Book 12 at Page 581 and in Patent recorded January 15, 1894 in Book 12 at Page 266. 2. Right of way easement 50 feet in width as granted to Western Slone Gas Company in instrument recorded April 25, 1962, in Book 340 at Page 541. 3. Easement and right of way for a pipeline as granted to Walter B. Lemon in deed recorded August 13, 1979, in Book 533 at Page 120. 4. Access easement granted to Colorado Ute Electric Association in instrument recorded February 12, 1985, in Book 664 at Page 210 and in instrument recorded June 24, 1985, in Book 671 at Page 135. 5. Terms and conditions of oil and Gas Lease by and between Felix S. Sefcovic and Elna Gay Sefcovic, as Lessors, and Barrett Energy Company, as Lessee, recorded September 22, 1987, in Book 721 at Page 273, and any and all interests therein or assignments thereof. 6. Fifty percent interest in all oil, gas, mineral and mineral rights as reserved by Felix S. Sefcovic and Elna Gay Sefcovic in deed recorded November 23, 1988, in Book 744 at Page 637 and any interests therein or assignments thereof. 7 Reservation of an access easement to the gravesite of Albert Sefcovic reserved in deed recorded November 23, 1988, in Book 744 at Page 637. 8. Right of way for County Road No. 301. 9. Easement and right of way ,:or any existing irrigation ditches, laterals, canals or pipelines. 10. Ad valorem taxes for the year 1992 and subsequent years. • . GRAND VALLEY FIRE PROTECTION DISTRICT 1777.E. BATTLEMENT' PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970)-285-9119, FAX (970) 285-9748 May 22, 2003 Garfield County Building & Planning Department Tamara Pregl, Senior 108 8-th Street, Suite 201 Glenwood Springs, CO 81601 Subject: Fie Protection Plan for Dannie P. Locklear Property Tamara, I have reviewed the applicant's request and have verified that it lies within the Grand Valley Fire Protection District. The applicant will need to provide the following minimum fire protection practices as apart oftheir `Tire Protection Plan". The options available to you include either a local water -supply for each residence or a central pressurized water supply for all residence as well as fire protection sprinklers. Because of the size of your project, it would appear that the localized water supply systems (NFPA 1231) and fire protection sprinkles might be better suited to provide such protection. The use of sprinklers in new construction is always encouraged, and has proved to be both cost effective and to have made the ciitical difference in the "saving of a structure". The key element of a 13D system is to provide enough suppressant to get the occupants out of the residence. The system is designed to provide a 10 -minute water supply. In a normal urban setting, with prompt notifiottion to the fire department, a response and extinguishment can be -started during this 10 - minute time frame. However, with a small volunteer fire department, which does not staff fire station crews, response times can be much longer. Hence, it is hoped the sprinklers provided enough time for the occupants to leave, but the fire has most likely continued to burn, and after the 10 -minute period of water delivery, the fire may again start actively burning: Fire sprinklers are not required in structures less than 3600 square feet, however we encourage homeowners to consider their value and the benefits that they may provide in tlie event of an actual fire. The recommendations of NFPA 1231 are to have a water supply located within 150 feet of a residence, a 4 W' hydrant connection -capable of providing 500 gpm and a capacity to be determined by the square footage of the residence. After cons»lting other fire agencies within Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for residence under 3600 square feet. Sprinkler systems would be optional for residence up to 3600 square feet. Residences over 3600 square feet will need to have both the calculated size storage tank and a . sprinkler system to provide initial knockdown capabilities. As far as access / egress requirements & defensible space, the Colorado State Forest Service has recommended using the • • NFPA 1144 standard, Protection of Life and Property from Wildfire and CSFS Publication no. 6.302 — Creating Wildfire Defensible Zones (see attachments). *It is noted -that this property lies within the latest "Interface Areas of High Forest Fire Risk in Colorado" (see attachments). Other issues to be included and noted in the proposal are as follows: ➢ If a sprinkler system is installed, the requirements for NFPA 13D will be adhered to. A minimum flow of 26 gpm with duration of ten minutes or 260 gallons (see Section 2-1) is required. The storage tank used for fire protection may be separate from that used for domestic use. if a homeowner wishes to combine the water supply for both the sprinkler system and domestic use, the requirements of the code shall be met. Annual inspection / maintenance and reporting requirements of a sprinkler system are the responsibility of the homeowner. For structures over 3600 square feet; an approved fire protection sprinkler system will be required. ➢ An agreement to use the water stored in a fire water cistern, in the event of an emergency, is not limited to the specific residence where it is Located and that its use/need is at the discretion of the fire department. ➢ The water supply (fire water cistern) is for fire protection only, not to be used for domestic use. If the homeowner wishes to combine the firewater cistern with domestic use water, an additional amount of storage will be required to maintain the minimum required firewater protection capacities. lithe above conditions are met and/or made apart of a plat note to be a requirement of the new owner prior to the issuance of.a building application, the Grand Valley Fire Protection District has no .further concerns regarding this project. If I -can be of any assistance, 1 can be reached at (970) 285-9119, or cell (970) 285-9851. David A: Blair District Fire Chief GVFPD Attachments. Interfaee Areas of High Forest Fire Risk in Colorado �SrS Publication no. 6.302, Updated May 20, 2003 Xc: Dannie P. Locklear Virginia Call File • . .. .... • , ) ....,•••••• V, • ...• , , — , .-- . . ..,., • .....,.... e . . ,.„. act Min 696170 C9 sguioq 000l7Lt (snsuaD 000Z) Woad c8'6L6 1