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HomeMy WebLinkAbout1.0 Application13 f,FORN'l'I II:. 11( )AR OF COUNTY COMMISSIONl3RS OF GAR 1 l NJ) J) COUNTY, COLORADO 1'1J1T1ON-_►_�O _L;X1;1111►'."1'1(?N_ Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the: nude' signaWWi11iam A. Porter respectfully petitions the Board oFCounty (.'onttnissioners ofGarlield County, Colorado, to exempt by Resolution the division of 257 acre: tract of lad into 9 tracts of approximately _ acres each, more or less, from the definitions of "subdivision" and 2-2— 2 2--259 "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garlick' County Subdivision Regulations for the reasons slated below: StJI1M1'l`1'Al_ RL'()U11tl1.1vlf'.N'TS: An application which satisfies the review criteria must be submitted with 011 the following information: A. Sketch map al a ►ninituttm scale of 1",:200' showing the legal description of the properly, dimension and area ofall Iolsorseparale interests to be created, access to a public right-of-way, and any proposed casements for drainage, irrigation, access or utilities; 13. Vicinity asap 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) [[tiles, for which a copy of U.S.G.S. quadrangle nap maybe used. C. Copy of the decd showing ownership by the applicant, or a leiter frond the properly owner(s) if other than the applicant; and 1). Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposal exemption, mineral ownersand lessees of mineral owners of record of the properly to be excmpled, and tenants of any structure proposed for conversion; and I?. l?vidence of the soil types and characteristics ol'each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of Ore protection plan from appropriate lire district; and G. Ii connection to 0 community of municipal water or sewer system is proposed, a letter from Hie governing body stating a willingness to serve; and 1 I. Narrative explaining why exemption is being requested; and 1. 1t shall be demonstrated that the parcel existed as described on January I, 1973 or lite parcel as it exists presently is ono of not more, than lluree parcels created from 0 larger parcel as it existed on January I, 1973. J A 1;300.00 fee must be submitted with the application. w:tet,ei__._ 74. Pai-fk Petitioner � ` 1070 31 (,[_ Mailing; Address c c, te— o Ft �f 7 City State 170 9 ?rt5 "Telephone Number Name • • Slj - 35 APPLICATION CHECKLIST (TO DETERMINE COMPLETION) 01?rCie / ?A° / Yes Copy of deed showing ownership Names/addresses of owners w/i 200 feet; mineral owners/lessees Evidence of soil types Water/sewer /6 LA- ///]S If community water/sewer, letter of approval from district Letter addressing fire protection Narrative on necessity of exemption Deed demonstrating parcel existed prior to January 1, 1973 �£s t5 Regular or Right-of-way/natural feature No more than four lots created (if regular) Zoning requirements (slope, setbacks, etc.) Legal access to a county road/easements Adequate water Legal Vg's o1-il 4/// 4 / c, 5/ Quality/Quantity/Dependability State or County health requirements Stigiq`'e) Additional easements rainage improvements fib� pecial assessments /(66-0/ G7 • . NARRATIVE Bill Porter Exemption I am requesting an Exemption for my property on the lower end of Alkali Creek. One exemption has already been taken by Rippy"s, but County Road 335, the Colorado River Road was the boundary. For the exemption, the total parcel sold to Rippy was divided by County Road 335. Lot 1 is separated by County Road 314 from the rest of the parcel. A 2" water line is buried under County Road 314. Two wells have been drilled. One pumped 25 g.p.m. and the other llg.p.m. One well permit has been obtained and the other is being obtained. The water will be pumped to a 13,000 gallon tank for three homes and one home will be on the other well. Individual septic systems will be installed. • • EXIIIBIT "1" Township 6 South, Range 91 West of the 6th P.M. Section 2: N2 NE'A less that portion lying north of the right-of-way line of County Road 335, NW'/ That portion of the W'/2 SW'/ lying north and east of a line described as commencing at a point on the west boundary line of said W' SW IA where the centerline of County Road 314 intersects said boundary line; thence southeasterly along the centerline of County Road 314 to the mid point of said W1/2SW thence due south to the centerline of Alkali Creek; thence southeasterly along the centerline of Alkali Creek to the East boundary line of said W1/2SW % GARFIELD COUNTY STATE OF COLORADO /3,1( Po r f -e 401j's L..hc C>w &hi ick -7 4t ei Si 7 b 33 5 ,12cl /1%tis szi- / `o SI/6 Cil iK e Cc. l // . k't`rio). 46/ Ss oL r a q23 w (eh we s Ce r/C d/ R(` pf / kci6 Po. 66)( `07 /-P h ct/ o o d Sp r( Ai S l -Q S2/6 U Z L/o D:oi.s-101,1 6 (7.1 561633 Sr 47,7 6" - f /e n w C ---Cop Y/` h S r/‘ 4� 1Uwe d / 6,s/7, /1% w Cs /e, /6 CB /1ih.e,-q_ Po, QoS( 7&bi' 1 f` e c- C q 10,9/8 f es/ , -913" T' 9 fY) 11 a `?/g /7-7 Xdfl [', r"St /7t{ ' z,n9/ yog- 0.4 DNS s � h 9/3 02 r),)>117-' PZ STE SZ.T9y.. U poor % �J 9 4("li S p E E9 Qs h c2-2 • SS tfr/ / _5 I. o(9 dc/; A U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE ap and soil name 65: Torrifluvents--- 66: Torriorthents, Steep Camborthids, Steep Rock Outcrop, Steep 67: Torriorthents, Steep Rock Outcrop, Steep * SOIL FEATURES Soils Bedrock *--Cemented pan Depth In >60 4-30 15-60 4-30 * Hardness Hard Hard Soft Hard Soft Depth In * Kind 1OF 2 1114195 Subsidence t * Risk of corrosion Potential frost action Uncoated--* Initial Total steel Concrete In In Low Low Low None Low None High High High High Moderate Low Low Low U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE SOIL FEATURES • 1OF 1/14/9b Endnote -- SOIL FEATURES This report gives estimates of various soil features. The estimates are used in land use planning that involves engineering considerations. Depth to,bedrock,is given if bedrock is within a.depth "of 5��feetrt Thg depth s based ,on��many"soil borings and on observations during so mapping. The rock is either Soft or Had If the rgck g So or fractured, excavations can be made,with trenching machines, backhoes, or,small rippers. If the rock is Hardor massive, blasting or special equipment generally is needed for excavation. Cemented pans are cemented or indurated sjbsurace layers withi; a depth of 5 feet. Such pans cause difficulty in excavation. Pans are c ssified a Thin or Thick , A Thin pa is less than 3 ,Such thick contlnuousl . in uzated or les than 18 ince tic if discontinuous or, fractured, Excavations can a made trenchingmac Ines, backhoes oz small rippers. A Tick pan is more than 3 inches,thick if continuously indurated or more tan 18 inches thick i discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is needed in excavation. Subsidence is the settlement of oranic sells or of,5aturated mineral soils. of very low density, Subsidence results from eitherdesiccation andshrinkage or oxidation oforganic material, or both, following drain ge., Subsidence takes pace gradually, usually over a period of several years. This report shows the expected initial subsidence which usually is a result of drainage, and total subsience which usually is a result of oxidation. Not shown in the report is subsidence cause by an impose surface loador by the withdrawn of group water throughout an extensive area as a result of lowering the water table. Potential frost action is the likelihood of upward or lat al expansion of the soil caused by the formation of segregated ice lenses,(frost heave) and the subsequent col of,te soil and loss of strength on thawing. frost action occurs when moisture moves Into the freezing one o the soil., Temperature,texture, density, permeability, content of organic matter, and depth to the water table are the most Important tacors considered n.evaluating the otent al for fros action. It is assured that, he soil is not insulated by vegetation or snow and is not artificially rained. Silty an highly structured c.ayey soils that have.a high water table in winter are the most sus eptl e,to rost action, Wel drained, very grave_ly, or very sandy soils are the least susceptible. Frost heave and low soil strength during thawing cause damage mainly to pavements and other rigid structures. Risk of corrosion pertains to potential soil -induced electrochemical or chemical action that dissolves or weakens uncoated steel or concrete. The,rate of corrosion of uncoated steel is related to such factors as soil moisture, particle -size distribution acidity, nd electrical conductivity of the soil. The rate of corrosion of concrete is based mainly on h sulfate and sodium content, texture, moisture content and acidity of the soil.. Special site examination and design maybe needed if the co b nation,o1 tactors creates a severe corrosion environment. The steel installations that intersect o11. boundariesS o soil layers is more susceptible to corrosion than steel n installations that are egtirgly within oke king of &oior within one soig layer, For uncoated.steel, the risk of corrosion,expressed as Low "Moderate or High , is based on soil drainage class total acidity, electrical resistiviy near fielcapacity, and electrical conductivity of the saturation extract. For concrete, the risof corrosion is also expressed as "Low", "Moderate", or "High". It is based on soil texture, acidity, and amount ofsulfates In te saturation extract. NONTECHNICAL SOILS DESCRIP REPORT Soils Map Symbol 65 Soil name and description Torrifluvents, nearly level This broadly defined unit consists of deep, well -drained to somewhat poorly drained soils on flood plains. The soils formed in alluvium. These soils are stratified and vary widely in texture and depth. The surface layer ranges from loamy sand and fine sandy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loam stratified with sand, gravel, and cobbles. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff. These soils are subject to brief, occasional flooding late in spring and early in summer. Permeability is moderately slow to moderately rapid. Available water capacity is low to high. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. 66 ; Torriorthents-Camborthids-Rock Outcrop complex, Steep This broadly defined unit consists of exposed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. Torriorthents make up about 45 percent of the complex, Camborthids make up 20 percent, and Rock outcrop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are very shallow to moderately deep. They are well to somewhat excessively drained. They generally are clayey to loamy and contain variable amounts of pebbles, cobbles, and stones. Permeability is slow to moderate, and water holding capacity is very low to low. Effective rooting depth is 10 to 40 inches. Runoff is very rapid, and erosion hazard is very high. • NONTECHNICAL SOILS DESCRI • REPORT Soils Map Symbol Soil name and description Camborthids are shallow to deep and are well -drained. They are generally clayey to loamy and have slightly more clay in the subsoil than in the surface layer. The profile is normally free of stones, but scattered basalt stones, cobbles, and sandstone fragments are on the surface. Permeability is slow to moderate. Available water capacity is low to very low. Effective rooting depth varies from 10 to more than 40 inches. Runoff is rapid or very rapid, and erosion hazard is very high. Rock outcrop is mainly Mesa Verde sandstone and Wasatch Shale. 67 Torriorthents-Rock Outcrop complex, Steep This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Torriorthents make up about 60 percent of this complex, and Rock outcrop makes up about 25 percent. The Torriorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are very shallow to moderately deep. They are well to somewhat excessively drained. They generally are clayey to loamy and contain variable amounts of pebbles, cobbles, and stones. Permeability is slow to moderate, and water holding capacity is very low to low. Effective rooting depth is 10 to 40 inches. Runoff is very rapid, and erosion hazard is very high. Rock outcrop is mainly Mesa Verde sandstone and Wasatch Shale. • U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE SANITARY FACILITIES Soils • PAGE 1 OF 3 11/14/95 (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol 1 Septic tank ; Area and soil name absorption sanitary fields landfill I I 1 I ! ! 65: Sewage lagoon areas Trench sanitary landfill 1 ;Severe: flooding, wetness 1 ;Severe: depth to rock, slope 1 1 :Severe: depth to rock, slope 1 1 ;Severe: depth to rock, slope Daily cover for landfill Torrifluvents---;Severe: flooding, wetness, poor filter 1 :Severe: depth to rock, slope 1 66: Torriorthents, Steep Camborthids, Steep Rock Outcrop, Steep 67: Torriorthents, Steep Rock Outcrop, Steep 1 ;Severe: depth to rock, slope 1 ;Severe: depth to rock, slope 1 ;Severe: depth to rock, slope 1 ;Severe: depth to rock, slope Severe: seepage, flooding, wetness 1 1 ;Severe: depth to rock, slope :Severe: depth to rock, slope ;Severe: depth to rock, slope ;Severe: depth to rock, slope :Severe: depth to rock, slope ;Severe: depth to rock, slope ;Severe: depth to rock, slope 1 ;Severe: flooding, wetness :Severe: slope Severe: slope 1 1 ;Poor: wetness, thin layer :Poor: depth to rock, small stones, slope :Poor: depth to rock, slope :Severe: ;Poor: depth to rock, ; depth to rock, slope ; slope I I I 1 I I I I :Severe: :Poor: slope depth to rock, small stones, slope 1 I, 1 I I 1 ;Severe: :Poor: depth to rock, depth to rock, slope ; slope I I U.S. DEPARTMENT OF AGRICULTURE • • PAGE 2 OF 3 SOIL CONSERVATION SERVICE 11/14/95 SANITARY FACILITIES Endnote -- SANITARY FACILITIES This report shows the degree and kind of soil limitations that affect septic tank absorption fields, sewage lagoons, and sanitary landfills. The limitations are considered "Slight" if soil properties and site features generally are favorable for the indicated use and limitations are minor and easily overcome; "Moderate" if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. This report also shows the suitability of the soils for use as daily cover for landfills. A rating of "Good" indicates that soil properties and site features are favorable for the use and good performance and low maintenance can be expected; "Fair" indicates that soil properties and site features are moderately favorable for the use and one or more soil properties or site features make the soil less desirable than the soils rated "Good"; and "Poor" indicates that one or more soil properties or site features are unfavorable for the use and overcoming the unfavorable properties requires special design, extra maintenance, or costly alteration. SEPTIC TANK ABSORPTION FIELDS are areas in which effluent from a septic tank is distributed into the soil through subsurface tiles or perforated pipe. Only that part of the soil between depths of 24 to 72 inches is evaluated. The ratings are base on soil properties, site features, and observed performance of the soils. Permeability, a high water table, depth to bedrock or to a cemented pan, and flooding affect absorption of the effluent. Large stones and bedrock or a cemented pan interfere with installation. Unsatisfactory performance of septic tank absorption fields, including excessively slow absorption of effluent, surfacing of effluent, and hillside seepage, can affect public health. Groundwater can be polluted if highly permeable sand and gravel or fractured bedrock is less than 4 feet below the base of the absorption field, if slope is excessive, or if the water table is near the surface. There must be unsaturated soil material beneath the absorption field to filter the effluent effectively. Many local ordinances require that this material be of a certain thickness. SEWAGE LAGOONS are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid wastes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Lagoons generally are designed to hold the sewage within a depth of 2 to 5 feet. Nearly impervious soil material for the lagoon floor and sides is required to minimize seepage and contamination of ground water. This report gives ratings for the natural soil that makes up the lagoon floor. The surface layer and, generally, 1 or 2 feet of soil material below the surface layer are excavated to provide material for the embankments. The ratings are based on soil properties, site features, and observed performance of the soils. Considered in the ratings are slope, permeability, a high water table, depth to bedrock or to a cemented pan, flooding, large stones, and content of organic matter. Excessive seepage due to rapid permeability of the soil or a water table that is high enough to raise the level of sewage in the lagoon causes a lagoon to function unsatisfactorily. Pollution results if seepage is excessive or if floodwater overtops the lagoon. A high content of organic matter is detrimental to proper functioning of the lagoon because it inhibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can hinder compaction of the lagoon floor. SANITARY LANDFILLS are areas where solid waste is disposed of by burying it in soil. There are two types of landfill, trench and area. In a trench landfill, the waste is placed in a trench. It is spread, compacted, and covered daily with a thin layer of soil excavated at the site. In an area landfill, the waste is placed in successive layers on the surface of the soil. The waste is spread, compacted, and covered daily with a thin layer of soil form a source away from the site. Both types of landfill must be able to bear heavy vehicular traffic. Both types involve a risk of groundwater pollution. Ease of excavation and revegetation need to be considered. The ratings in this report are based U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE SANITARY FACILITIES Endnote -- SANITARY FACILITIES --Continued • PAGE 3 OF 3 11/14/95 on soil properties, site features, and observed performance of the soils. Permeability, depth to bedrock or to a cemented pan, a high water table, slope, and flooding affect both types of landfill. Texture, stones and boulders, highly organic layers, soil reaction, and content of salts and sodium affect trench type landfills. Unless otherwise stated, the ratings apply only to that part of the soil within a depth of about 6 feet. For deeper trenches, a limitation rate "Slight" or "Moderate" may not be valid. Onsite investigation is needed. DAILY COVER FOR LANDFILL is the sail material that is used to cover compacted solid waste in an area type sanitary landfill. The soil material is obtained offsite, transported to the landfill, and spread over the waste. Soil texture, wetness, coarse fragments, and slope affect the ease of removing and spreading the material during wet and dry periods. Loamy or silty soils that are free of large stones or excess gravel are the best cover for a landfill. Clayey soils may be sticky or cloddy and are difficult to spread; sandy soils are subject to soil blowing. After soil material has been removed, the soil material remaining in the borrow area must be thick enough over bedrock, a cemented pan, or the water table to permit revegetation. The soil material used as final cover for a landfill should be suitable for plants. The surface layer generally has the best workability, more organic matter than the rest of the profile, and the best potential for plants. Material from the surface layer should be stockpiled for use as the final cover. U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE RECREATIONAL DEVELOPMENT Soils 4111 PAGE 1 OF 2 11/14/95 (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) I I Kap symbol Camp areas ; Picnic areas . Playgrounds Paths and trails ; Golf fairways and soil name ' ' 65: ' ' Torrifluvents---!Severe: ;Moderate:;Severe: Moderate: Moderate: flooding, ; wetness, ! wetness wetness, ' excess salt, wetness ; excess salt. dusty ! wetness, dusty ' flooding 66: ' Torriorthents, Steep ;Severe: ;Severe: ;Severe: :Severe: :Severe: slope, ; slope, ! slope, 1 slope ! slope, depth to rock ; depth to rock ; depth to rock ; ! depth to rock Cambarthids, ! Steep !Severe: !Severe: !Severe: :Severe: !Severe: slope, ; slope, ! slope, ; slope ! large stones, depth to rock ' depth to rock ; small stones, slope, depth to rock ! depth to rock . , Rock Outcrop, ' Steep ;Severe: ;Severe: Severe: !Severe: Severe: slope, ; slope, ! slope, ; slope ! droughty, depth to rock ; depth to rock ; depth to rock siope, depth to rock 67: ' Torriorthents, ' ' ' Steep ;Severe: Severe: ;Severe: Severe: Severe: slope, ; slope, ; slope, ; slope ; siope, depth to rock ; depth to rock ; depth to rock , ; depth to rock Rock Outcrop, Steep 'Severe: ;Severe: :Severe: Severe: !Severe: slope, slope, slope,! slope droughty, depth to rock ; depth to rock ! depth to rock slope, depth to rock U.S. DEPARTMENT OF AGRICULTURE • , PAGE 2 OF 2 SOIL CONSERVATION SERVICE 11114/95 RECREATIONAL DEVELOPMENT Endnote -- RECREATIONAL DEVELOPMENT The soils of the survey area are rated in this report according to limitations that affect their suitability for recreation. The ratings are based on restrictive soil features, such as wetness, slope, and texture of the surface layer. Susceptibility to flooding is considered. Not considered in the ratings, but important in evaluating a site, are the location and accessibility of the area, the size and shape of the area and its scenic quality, vegetation, access to water, potential water impoundment sites, and access to public sewer lines. The capacity of the soil to absorb septic tank effluent and the ability of the soil to support vegetation are also important. Soils subject to flooding are limited for recreation use by the duration and intensity of flooding and the season when flooding occurs. In planning recreation facilities, onsite assessment of the height, duration, intensity, and frequency of flooding is essential. In this report the degree of soil limitation is expressed as "Slight," "Moderate," or "Severe." "Slight" means that soil properties are generally favorable and that limitations are minor and easily overcome. "Moderate" means that limitations can be overcome or alleviated by planning, design, or special maintenance. "Severe" means that soil properties are unfavorable and that limitations can be offset only by costly soil reclamation, special design, intensive maintenance, limited use, or by a combination of these measures. The information in this report can be supplemented by information available in other reports, for example, interpretations for septic tank absorption fields in the Sanitary Facilities report and interpretations for dwellings without basements and for local roads and streets in the Building Site Development report. CAMP AREAS require site preparation, such as shaping and leveling the tent and parking areas, stabilizing roads and intensively used areas, and installing sanitary facilities and utility lines. Camp areas are subject to heavy foot traffic and some vehicular traffic. The best soils have mild slopes and are not wet or subject to flooding during the period of use. The surface has few or no stones or boulders, absorbs rainfall readily but remains firm, and is not dusty when dry. Strong slopes and stones or boulders can greatly increase the cost of constructing campsites. PICNIC ARRAS are subject to heavy foot traffic. Most vehicular traffic is confined to access roads and parking areas. The best soils for picnic areas are firm when wet, are not dusty when dry, are not subject to flooding during the period of use, and do not have slopes or stones or boulders that increase the cost of shaping sites or of building access roads and parking areas. PLAYGROUNDS require soils that can withstand intensive foot traffic. The best soils are almost level and are not wet or subject to flooding during the season of use. The surface is free of stones and boulders, is firm after rains, and is not dusty when dry. If grading is needed, the depth of the soil over bedrock or hardpan should be considered. PATHS AND TRAILS for hiking and horseback riding should require little or no cutting and filling. The best soils are not wet, are firm after rains, and not dusty when dry, and are not subject to flooding more than once a year during the period of use. They have moderate slopes and few or no stones or boulders on the surface. GOLF FAIRWAYS are subject to heavy foot traffic and some light vehicular traffic. Cutting or filling may be required. The best soils for use as golf fairways are firm when wet, are not dusty when dry, and are not subject to prolonged flooding during the period of use. They have moderate slopes and no stones or boulders on the surface. The suitability of the soil for tees or greens is not considered in rating the soils. U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE • BUILDING SITE DEVELOPMENT Soils 0 PAGE 1 OF 2 11/14/95 (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol ; Shallow Dwellings ; Dwellings and soil name ; excavations without ! with basements ! basements 65: ' Torrifluvents---'Severe: ;Severe: ;Severe: ! cutbanks cave„ flooding, ! flooding, ! wetness ! wetness ! wetness , , 66: 1 Torriorthents, ! Steep ;Severe: ;Severe: ;Severe: Severe: depth to rock „ slope, ! depth to rock, slope, slope ! depth to rock ! slope depth to rock , Camborthids, ! Steep ;Severe: :Severe: depth to rock slope, slope ! depth to rock Small commercial buildings Severe: flooding, wetness Rock Outcrop, Steep !Severe: !Severe: depth to rock,! slope slope 67: Torriorthents, ! Steep !Severe: depth to slope Rock Outcrop, Steep ;Severe: ! depth to ! slope :Severe: rock„ slope, depth to rock Severe: rock, slope ;Severe: depth to slope !Severe: ! depth to slope !Severe: depth to ! slope ;Severe: depth to ! slope Severe: rock,slope, depth to rock !Severe: rock, slope _ 'Severe: rock,' slope, depth to rock ;Severe: rock„ slope Local roads Lawns and and streets landscaping ;Severe: Moderate: flooding excess salt, wetness, flooding ;Severe: ;Severe: ! depth to rock,; slope, ! slope ! depth to rock !Severe: ! depth to slope (Severe: slope ;Severe: rock large stones, slope, depth to rock ;Severe: ! droughty, ! slope, depth to rock 'Severe: ;Severe: depth to rock„ slope, slope ! depth to rock Severe: slope Severe: droughty, slope, depth to rock U.S. DEPARTMENT OF AGRICULTURE • 1111 PAGE 2 OF 2 SOIL CONSERVATION SERVICE 11/14/95 BUILDING SITE DEVELOPMENT Endnote -- BUILDING SITE DEVELOPMENT This report shows the degree and kind of soil limitations that affect shallow excavations, dwellings with and without basements, small commercial buildings, local roads and streets, and lawns and landscaping. The limitations are "Slight", "Moderate", or "Severe". The limitations are considered "Slight" if soil properties and site features are generally favorable for the indicated use and limitaions are minor and easily overcome; "Moderate" if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. Special feasibility studies may be required where the soil limitations are severe. SHALLOW EXCAVATIONS are trenches or holes dug to a maximum depth of 5 or 6 feet for basements, graves, utility lines, open ditches, and other purposes. The ratings are based on soil properties, site features, and observed performance of the soils. The ease of digging, filling, and compacting is affected by the depth to bedrock, a cemented pan, or a very firm dense layer; stone content; soil texture; and slope. The time of the year that excavations can be made is affected by the depth to a seasonal high water table and the susceptibility of the soil to flooding. The resistance of the excavation walls or bands to sloughing or caving is affected by soil texture and the depth to the water table. DWELLINGS AND SMALL COMMERCIAL BUILDINGS are structures built on shallow foundations on undisturbed soil. The load limit is the same as that for single-family dwellings no higher than three stories. Ratings are made for small commercial buildings without basements, for dwellings with basements, and for dwellings without basements. The ratings are based on soil properties, site features, and observed performance of the soils. A high water table, depth to bedrock or to a cemented pan, large stones, slope, and flooding affect the ease of excavation and construction. Landscaping and grading that require cuts and fills of more than 5 or 6 feet are not considered. LOCAL ROADS AND STREETS have an all-weather surface and carry automobile and light truck traffic all year. They have a subgrade of cut or fill soil material, a base of gravel, crushed rock, or stabilized soil material, and a flexible or rigid surface. Cuts and fills are generally properties, site features, and observed performance of the soils. Depth to bedrock or to a cemented pan, a high water table, flooding, large stones, and slope affect the ease of excavating and grading. Soil strength (as inferred from the engineering classification of the soil), shrink -swell potential, frost action potential, and depth to a high water table affect the traffic -supporting capacity. LAWNS AND LANDSCAPING require soils on which turf and ornamental trees and shrubs can be established and maintained. The ratings are based on soil properties, site features, and observed performance of the soils. Soil reaction, a high water table, depth to bedrock or to a cemented pan, the available water capacity in the upper 40 inches, and the content of salts, sodium, and sulfidic materials affect plant growth. Flooding, wetness, slope, stoniness, and the amount of sand, clay, or organic matter in the surface layer affect trafficability after vegetation is established, • v)oe D C3 I-1 ct (. ,/,3 v C it" -t• 0 • ( cz cp(f; /0 Form No. CW -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO D1101 OF WATER RESOURCES 40110 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 BILL PORTER 107(/314 RD NEW CASTLE CO 81647- (303) 984-2845 PERMIT TO USE AN EXISTING WELL 634 WELL PERMIT NUMBER 187542 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SW 1/4 Section 2 Twp 6 S RANGE 91 W 6th P.M. DISTANCES FROM SECTION LINES 3660 Ft. from North Section Line 720 Ft. from West Section Line ) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved for the use of an existing well constructed on February 13, 1995, to a total depth of 60 feet, under monitoring hole notice MH -25132 acknowledged February 8, 1995. Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 65 acres described as a portion of the NW 1/4 of the SW Ya and the SW Y of the NW Y of Sec. 2, Twp. 6 South, Rng. 91 West of the 6th P.M., Garfield County. More particularly described in exhibit 'A' 5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. This well is to be known as the Coal Ridge Well #1. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. This well shall be constructed not more than 200 feet from the location specified on this perm ) APPROVED SGA 7g04/ - h0°'• State Engineer Receipt No. 0383042 DATE ISSUED JUN 0 8 15:;5 -7- ys- !VISION C By EXPIR • ION DATE R'^ VC SUPPLEMENTALS:ST REPORT 4 S S: i 1, '1 j STATE OF COLORADO, OFFICE OF THE STATE ENGINEER .Ice Use only 1.i WELL PERMIT NUMBER \ - \--1\ 2 OWNER NAME(S) `j , \� v (' Li (--- Mailing Address City, St. Zip Phone ( ) 3. • WELL LOCATION AS DRILLED: ; REPORT DATE 11/14/95 COLORADO WELL APPLICATIONS AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES RECEIPT APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT 383042 03/27/95 04/17/95 05/08/95 025132MH CD NP CD NP CD AR DIV CO FILE NUMBER WD BAS MD NAME 5 23 187542 45 00 00 PORTER BILL ADDRESS ADDRESS2 CITY ST 1070314 RD NEW CASTLE CO ZIP - EXT PHONE Q10 Q40 Q160 SEC TWNSHP RANGE PM 81647 ( 303)984-2845 NW SW 2 6 S 91 W S CASE NUM USES DRLR PUMP INST COORDINATES 8 L 634 N/S 3660 N E/W 720 W LOT BLK FLG SUBDIVISION REPT -- WELL -- COMP REPT -- 02/27/95 DATE 02/13/95 / / COMMENTS CRITICAL, 40 ACRES, 1 AC IR, DOM ANIMALS, 3SFD PUMP -- COMP DATE / / ENG USER SGA LMD NWC RECD NBU RECD SBU RECD BENEF USE AMENDED RECD -ABAND-- COMP --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE / / / / / / / / / / / / / / ACRE -FT TOP/PERF/BOT DEPTH YIELD LEVEL ELEV METER LOG ABAND REQD 40 60 60 25.00 10 EXPIRE DATE STATUTE ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE 05/9$/97 (6023) 00000 (1) GW (2) COAL RIDGE #1 111/75,-Rev.:•75 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. CODO DIVISION OF WATER RESOU SIP 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 VA APPLICATION FORM v) ( A PERMIT TO USE GROUND WATER ( ) A PERMIT TO CONSTRUCT A WELL FOR: ((!4A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO. ( ) OTHER WATER COURT CASE NO (1) APPLICANT - mailing address NAME 81.11 k STREET /0-7 0 301 1 L[ CITY /NC wGU �' l.G �! % qq (State) (Z,p) TELEPHONE NO. —L 7b >V15- (2) 15 (2) LOCATION OF PROPOSED WELL County G-4 Y Fr e 11 4/ (.) % of the S (A) '/»• Section .2. Twp. _� __ 3 , R ng N.S! E Y�l P.M (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water a to he appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): D U Aquifer ground water is to be obtained from: („1 n kh C in_ Ir l b (1„_. tie)" Owner's well designation _C / (1 s a 9 o WcI/°. 1" GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY (t/1'DOMESTIC (1) t 1 LIVESTOCK (2) ( ) COMMERCIAL (4) no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name a ` / s Pe .11 v, Street O O 70,1 S %v�~, City ���,��o� 5 r�v.SS 5�-�I6 o f (sta �jg) (ZLP) Telephone No. I ?t 4:114 S i? l ic. No _112 3 — FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water tight or preclude another owner of a vested water right from seeking relief in a civil cow action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE BY (STATE ENGINEER) I D COUNTY__-- "HE LOCATION OF THE P'l D WELL and the area on \thich the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location, f-- - -t- -- ---- .4— --.4 — 1 MILE, 5280 FEET 4- + NORTH SECTION LINE I I NORTH w m z fi f f A I 't rn z "i o �' m Ljw I � I z +-1 +- -x}-*---_i._ z m 1. SOUTH SECTION LINE 4 - �- — -j- - The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. rt (6) TH• MUST BE LOCATED BELOW by distances from section lines. 3 9 fl) ft. from 1( .20 ft from (north or south) Life 5T (east or west) LOT BLOCK FILING # SUBDIVISION sec. line sec. line (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: ;l/ No. of acres 11 the only well on this tract? cites Will this be a_ WATER EQUIVALENTS TABLE (Rounded Figures An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second itis'; 449 gallons per minute (gpml A family of 5 wi 1 require approximately 1 acre foot of water per year. 1 acre-foot ... 43,560 cubic feet i 325.900 gallons. 1,000 gpm pumped continuously for one day produces 4 42 acre-feet. (8) PROPOSED CASING PROGRAM Plain Casing infrom ft to � 0_ ft in from a U ft to 0 ft Perforated casing in. from b 0 ft to F0 ft —�_ _ in. from ft to ft (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging It: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner{s)' D i �' Pr) y1-Q� No of acres: Legal description:S ' c� y E y .5 c! ,f%.I.t cr d f 414 7/__CGer'=/r S<'C (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. / / / I f a`^ `''° ,r /r1 4 C fl - ; rt )1`. C rr 1 �� a n, fr w e r et I I t h (_ l c r o` r1 rIr 'r i 7 y >c.,„,, in 6 /'0 it- 4- e_ (12) OTHE - WATER RIGHTS used on this land, including wells Gi1,e Registration and Water Court Case Numbers. �' p¢ Type or right Used for (purpose) (iVe/( N---7 Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. 1-3tVb''i1/ (fry SIGNATURE OF APPLICANT(S) Use additional sheets of paper if more space is teduired Board toss Talbott - Chairman Niliiam Montover Jean Mello font Voight ordon Witzke 410 Burning Mountains Fire Protection District Box 236 Silt, CO 81652 Don Zordel - Chief Stu Cerise - Assist, Chief November 7, 1995 To Whom it May Concern: This is to inform you that the property at 1070 county road 314 is within the Burning Mountains Fire Protection District and we do provide fire protection to same. It presents no special problems and has easy access. Thank you, Donald Zordel Fire Chief Burning Mountains FPD A t v / • Burning Mountain Land and Catt(e a Colorado Limited Liability Company 5178 County Road 335 , New Castle, CO 81647 (970) 984-2943 Ross L. Talbott Ross 9K. Talbott Manager Russell L. Talbott January 29, 1996 Board of County Commissioners 109 8th Street, Suite 301 Glenwood Springs, CO 81601 RE: William E. Porter Subdivision Exemption Application Burning Mountain Land & Cattle, LLC, is aware of the number of requests for residential development up Alkali Creek (314), including Gene Wrights. The increased traffic should be a consideration. The intersec- tion with 335 Road was at one time chip and sealed for the first 100 yards or so, but this has been almost totally lost and was not resealed when 335 Road was last done. It is our feeling that 314 Road should be surfaced with at least chip and seal through the intersection and possibly for the first mile at the time building permits are issued. Sincerely, Ross L. Talbott, Manager Burning Mountain Land & Cattle, LLC RLT/ms • • LOT 1 A tract of land in the W1/2SW1/4 of Section 2, Township 6 South, Range 91 West of the 6th P.M. being a portion of that tract of land described in Book 926 at Page 683 in the office of the Garfield County Clerk and Recorder being more particularly described as follows: Beginning at a point on the centerline of County Road No. 314 whence the W1/4 Corner of said Section 2 bears N 40° 38' 22" W 1065.32 feet; thence along said centerline S 33° 30' 17" E 96.51 feet; thence S 41° 01' 42" E 138.88 feet; thence S 53° 58' 00" E 95.41 feet; thence S 66° 21' 19" E 48.05 feet; thence S 82° 54' 42" E 191.61 feet; thence S 57° 07' 13" E 82.77 feet; thence S 56° 17' 39" E 89.22 feet; thence S 48° 46' 14" E 115.10 feet to a point on the East line of said W1/2SW1/4; thence along said East line S 0° 24' 48" E 135.01 feet to a point in the centerline of Alkali Creek; thence along said creek centerline N 59° 14' 55" W 41.77 feet; thence N 35° 42' 25" W 41.44 feet; thence N 10° 30' 11" W 36.39 feet; thence N 35° 42' 53" W 59.38 feet; thence N 70° 43' 25" W 71.76 feet; thence N 41° 16' 56" W 63.81 feet; thence N 64° 32' 17" W 77.04 feet; thence S 82° 06' 13" W 67.99 feet; thence S 63° 06' 13" W 96.35 feet; thence S 84° 01' 33" W 46.43 feet; thence N 70° 26' 03" W 69.02 feet; thence N 47° 57' 32" W 68.07 feet; thence N 13° 31' 08" W 47.50 feet; thence N 40° 48' 08" W 56.93 feet; thence N 57° 35' 29" W 39.54 feet; thence N 25° 31' 13" W 17.12 feet; thence departing said creek centerline N 0° 35' 40" W 209.00 feet to the POINT OF BEGINNING; said described tract containing 2.050 acres, more or less. • • LOT 2 A tract of land situated in the W 1/2SW 1/4 of Section 2, Township 6 South, Range 91 West of the 6th P.M. being a portion of that tract of land described in Book 926 at Page 683 in the Office of the Garfield County Clerk and Recorder being more particularly described as follows: Beginning at a point on the west line of said Section 2 from whence the W1/4 Corner of said Section 2 bears N 0° 46' 35" W 128.18 feet; thence S 74° 27' 22" E 384.55 feet; , thence S 27° 01' 23" W 301.23 feet to a point in the centerline of County Road No. 314; thence along said centerline N 73° 11' 05" W 173.74 feet; thence N 77° 56' 50" W 64.56 feet; thence departing said centerline N 0° 46' 35" W 307.68 feet; to the POINT OF BEGINNING said described tract containing 2.100 acres, more or less. LOT 3 A tract of land situated in the W 1/2SW 1/4 of Section 2, Township 6 South, Range 91 West of the 6th P.M. being a portion of that tract of land described in Book 926 at Page 683 in the Office of the Garfield County Clerk and Recorder being more particularly described as follows: Beginning at a point from whence the W1/4 Corner of said Section 2 bears N 58° 09' 07" W 438.20 feet; thence S 74° 27' 22" E 322.24 feet; thence S 32° 30' 52" W 334.21 feet to a point in the centerline of County Road No. 314 ; thence along said centerline N 64° 00' 29" W 135.06 feet; thence N 74° 28' 22" W 151.81 feet; thence departing said centerline N 27° 01' 23" E 301.23 feet; to the POINT OF BEGINNING; said described tract containing 2.121 acres, more or less. LOT 4 A tract of land situated in the W 1/2SW 1/4 of Section 2, Township 6 South, Range 91 West of the 6th P.M. being a portion of that tract of land described in Book 926 at Page 683 in the Office of the Garfield County Clerk and Recorder being more particularly described as follows: Beginning at a point from whence the W1/4 Corner of said Section 2 bears N 65° 03' 09" W 752.93 feet; thence S 39° 22' 29" E 365.92 feet; thence S 60° 24' 39" W 299.74 feet to a point in the centerline of County Road No. 314 ; thence along said centerline N 39° 30' 54" W 114.66 feet; thence N 52° 13' 12" W 98.89 feet; thence departing said centerline N 32° 30' 52" E 334.21 feet; to the POINT OF BEGINNING; said described tract containing 2.008 acres, more or less. . U.1.28lac n:;;r., led at �- �r o'clock M ------ pc f ry 4f :4P�1 s JJ LS t �, i- R RD A Fecbpttc�n No t'b�l�.i�t�Fii Y4t_:JtJ{y iii . ��1�\...0Fl{.��r1�1 OARFiELD COUNTY, COLORADO •ti926';683 BARGAIN AND SALE DEED DEC 2 8 1994 GA RF i E t_D State Doc. Fee $ 1 CB MINERALS COMPANY LLC, Grantor, whose address is P.O. Box 1827, Pebble Beach, California, 93953, for the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to WILLIAM A. PORTER, whose address is 1070 Co Rd 314, P.O. Box 288, New Castle, CO 81647, the following real property in the County of Garfield and State of Colorado, to wit: Township.. 6 Soq I ofithe. dth P.M. Section 2: N1/2 NE 1/ less that portion lying north of the right-of-way line of County Road 335, NW V4 That portion of the W'/2 SW % lying north and east of a line described as commencing at a point on the west boundary line of said W' SW 1/4 where the centerline of County Road 314 intersects said boundary line; thence southeasterly along the centerline of County Road 314 to the mid point of said W1/2SW'.4; thence due south to the centerline of Alkali Creek; thence southeasterly along the centerline of Alkali Creek to the East boundary line of said W1i2SW j/4 GARFIELD COUNTY STATE OF COLORADO with all its appurtenances except that Grantor reserves to Grantor, Grantor's heirs, successors and assigns ail of the oil, gas, carbon dioxide, helium, casing head gasoline, gas condensate, distillate, together with all coal, including lignite and subbiturninous coal, coal bed gas, all other gaseous substances and all other minerals (collectively ret;rred to as "minerals") in and under and that may be produced from the above described lands together with tete right of ingress and egress on the surface of such lands at all times for the purpose of prospecting, ruining, drilling, exploring, operating and developing said lands for mineral production, all as described above, and the storage, handling, disposal, transportation and marketing of same therefrom. Grantor may use any mining and extraction methods deemed necessary or advisable by Grantor, without any liability on the part of Grantor. Grantor's heirs, successors, or assigns, for any damage that may result to the surface of said land, whether by reason of development or roads, workings and other facilities or by reason of subsidence or any particular method of exploration for, mining or removal of any such products from said land, except that no such rights regarding the surface may be exercised in respect to any portion of the Wt/2SW 1/4 and S1 NW'A, Section 2, Township 6 South, Range 91 West of the 6th P.M. Further provided Grantor shall, to the extent reasonabiy possible, avoid buildings and any other improvements hereafter erected and if not avoidable, shall cornpenst.ate the owner thereof for any physical damage thereto. y. . Notwithstanding any of the foregoing, Grantor further reserves an easement for ingress and egress purposes over and across .the..af sal ,lia.S,W4:i.:, _. '„-`': "•: �'.' which easement shall be twenty-two feet (22') in width or such wider amount i reasona y required to properly support a driving surface not exceeding twenty (20) feet in width. Said roadway shall be used only for mineral exploration and development, gas collection pipelines and utility purposes and shall not be used as a coal haul road. To the extent feasible, sale roadway shall not be located within two hundred (200) feet of any existing residence and shat be initially situated as reasonably agreed by the parties and shall use existing roads to the extent possible. Upon completion of the roadway, either party may require a survey of the easement by a professional land surveyor licensed in this state. Bids for such survey work will be solicited from at least three (3) surveyors and the surveyor submitting the lowest responsive bid shall be selected. The cost of such survey shall be shared equally by the parties. Upon completion and acceptance of such survey, the parties agree to amend the roadway easement description in this deed to incorporate such survey. RETURN TO: Stuver & George, P.C. Attn: Tom Sutver 120 W. 3rd Rifle, CO 81650 __ • • 8oevO9261('i 684 Grantor further reserves the right to develop and use new or additional surface or underground water produced from such lands in its exploration, development, and mineral production activities provided that without the written permission of Grantee, Grantor shall not have the right to use water from wells, tanks, ditches. or reservoirs now controlled or hereafter drilled or constructed by Grantee. This deed is made subject to any rights now existing to any lessee or assigns under any valid and subsisting oil and gas leases or coal leases of record heretofore executed; it being understood and agreed that said Grantor reserves and shall have, receive and enjoy the herein granted undivided interest in and to all bonuses, rents, royalties and other benefits which may accrue under the terrns of said leases insofar as they cover the aho\e described lands. This deed is also subject to, inter alia, a prior reservation by Burning Mountain Land and Cattle LLC of an easement tur a single sign on an area approximately thirty (30) feet square on the NE1ANE'/4 of Section 2, Township 6 South. Range 91 West of the 6th P.M. and in the immediate vicinity of the intersection of the 1 70 overpass road and County Road 335. By acceptance and recordation of this deed, Grantee covenants that for a period of fifty (50) years or such longer period if coal mining is in operation, Grantee will not erect any buildings or other structural improvements on that portion of ttie NE'i4 NE V4 of said Section 2 lying south and west of County Road 335. SIGNED this .1 day of CA A /fer e,U/,4 STATE OFC toRAno /hobreecy ) COUNTY OF GA-RP-W,D ) SS. 199/ CB MINERALS COMPANY LLC By Manager The foregoing instrument was ackn iwledged before me this //I day of .De 'I 266 199 , by ku 5 H Th J D. BRc Kee , as Manager of CB Minerals Company LLC. WITNESS my hand and official seal. My commission expires: fA6/ 97 4 Jlta vBnRGA1>; DIX FI Notary Public • • I District: 111 1 Road: 314 I Permit #: 005-97 0 GARFIELD 0 0 U N T P T. C.7 A .1 I 0 F 0 R DRIvE ,1 p E R .r ApOlicaion Date 02-11-199? (herei.n cailed "Apolicant"), hevreduest.z,. ,•••'!'n1.,..:.sHlm and aothor1.17..7 rrom boarl O Co!inty !7.0 or, the ,,-l'it-ol'-ay N 11 umor s :ioroo,,?rtv loc....atd On 'T,he a Trom CO RD co RD rINT tcr cHArr-,csE of herwlth and - ' 7rom • 07 • • FIFTH: The Applicant shall assume responsibility for the removal or clearance of snow, ice or sleet upon any portion of the driveway ap- proach(es) even though deposited on the driveway(s) in the course of the County snow removal operations. SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. SEVENTH: No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without the written permis- sion of the Board of County Commissioners. EIGHTH: Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. SPECIAL CONDITIONS MUST GRAVEL AT LEAST 50 FEET FROM COUNTY R -O -W NO CULVERT REQUIRED RESPONSIBLE FOR TWO YEARS FROM DATE OF COMPLETION In signing this application and upon receiving authorization and permission to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) rive- way(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commission -r s. t ness: Signed ! l ,/ (Signature of Applicant) (Address) (Telephone Number) PERMIT GRANTED THIS 110- DAY OF` - i U.,0.1-t:Y-c-�- 191'- , SUBJECT TO THE PROVISIONS, SPECIFICATIONS. AND CONDITIONS STI' LATED HEREIN. For Board of County Commissioners of Garfield County, Colorado BY: • • SPECIFICATIONS 1. A driveway approach is understood to be that portion of the high- way right-of-way between the pavement edge and the property line which is designed and used for the interchange of traffic between the road- way pavement and the abutting property. 2. At any intersection, a driveway shall be restricted for a suf- ficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3, All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the highway in order to maneuver safely and without interfering with highway traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the highway right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels or property having a frontage in excess of one hundred (100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. g. The axis of an approach to the road may be at a right angle to the centerline of the highway and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the highway right-of-way is specifically prohibited. Off -the -road parking facil- ities should be provided by commercial establishments for customers vehicles. 10. The arade of entrance and exit shall slope downward and awav from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than 10 percent (10a). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainace system of the street or highway. The Applicant will be required to provide, at his own expense, drain- age structures at entrances and exits which will become an integral part of the existing drainage system. The dimensions of all drainage structures must be approved by the Board of County Commissioners or their representative prior to installation. NOTE: This permit shall be made available a` the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued withoudrawing, blueprint, or sketch. • • <+> GARFIELD COUNTY ROAD & BRIDGE DEPARTMENT <+> SPECIAL PROVISIONS FOR EXCAVATION OF ROAD SURFACE AND INSTALLATION PERMIT #: 005-97 D PERMITTEE: PORTER, BILL INSPECTOR: SUB -CONTRACTOR: 1) ANY OVERSIZED MATERIAL (LARGER THAN 10 INCHES IN DIAMETER), THAT IS NOT UTILIZED IN BACKFILL WILL BE HAULED OFF BY PERMITTEE. FURTHER, ANY FROZEN MATERIAL WILL BE REMOVED FROM SITE BY PERMITTEE. 2) WHEN A PAVED OR CHIPPED SURFACE IS CUT, IT IS TO BE REPLACED WITH A MINIMUM TWO INCH (2") HOTMIX ASPHALT PATCH. A TEMPORARY PATCH WITH COLD MIX ASPHALT WOULD BE ALLOWED, WHICH WOULD BE REPLACED WITH HCTMIX ASPHALT WHEN THE WEATHER OR AVAILABILITY OF MATERIALS ALLOWS THE WORK TO BE COMPLETED. AN ASPHALT OR CHIPPED SURFACE CUT WOULD REQUIRE THE ROAD TO BE STRAIGHT CUT AND SQUARED BY MEANS OF A PAVEMENT CUTTER OR SAW. A CHIPPED SURFACE CUT WILL REQUIRE A SEAL COAT OF THE PATCH WHICH WILL BE FULL WIDTH OR HALF WIDTH OF ROADWAY OVERLAPPING EDGES BY TWO FOOT MINIMUM WHICHEVER IS REQUIRED TO INSURE AN ADEQUATE SEAL OVER THE UNDISTURBED PORTION OF THE ROADWAY IN THE VICINITY OF THE EXCAVATION. ASPHALT HOTMIX OR COLD PATCHES WILL BE COMPLETED IN A MAXIMUM OF FIVE WORKING DAYS, WEATHER PERMITTING. WHEN POSSIBLE ALL INSTALLATIONS SHOULD AVOID THE TOP EDGE OF A FILL SLOPE. 4) INSTALLATIONS IN DRAINAGES SUBJECT TC FLASH FLOODING, WILL HAVE A MINIMUM BURY OF 4 FEET DEEPER THAN NORMAL FLOW LINE AT NEAREST ABUTMENT OR WING WALL. 5) INSTALLATIONS AT CULVERT CROSSINGS WILL BE BURIED BENEATH THE CULVERT WITH A MINIMUM SEPARATION OF 18 INCHES BETWEEN INSTALLATION AND THE BOTTOM OF THE CULVERT. OPEN TRENCHES ADJACENT TO THE TRAVELED ROADWAY SHALL BE BACKFILLED DAILY TO WITHIN 100• CF THE WORKING AREA OF THE TRENCH, AND SHALL EE BARRICADED WITH WARNING DEVICES AFTER DARK, IN AREAS BEING DISTURBED WHERE VEGETATION IS ESTABLISHED. RESEEDING WITH A GRASS .AND CLOVER MI<TURE EITHER BY BROADCASTING OR DRILLING, WITH SEED MIXTURES SUITABLE TO THE CLIMATIC CONDITIONS OR EXISTING VEGETATION WILL BE PERFORMED. USE ONLY CERTIFIE+D WEED -FREE SEED. NOXIOUS WEED CONTROL WILL BE ONGOING ALONG WITH REVEGETATION. THE PERMITTEE SHOULD CHET:::. THE R -O -W OF SURROUJNDING LANDOWNERS E IF OTHER PERMITS ARE REQUIRED. I.E., BLM, FOREST SERVICE. FOR GARFIELD COUNTY PORTER, BILL (PERMITTEE STAOF COLORADO.:, CITYCOtNTY OF DENVER sir I,'Ruby L Pearson, a Notary Public in and for said City and County, in the State aforesaid,' do hereby •certify that S. G. Pierson and D. C. McGrew, who are personally known to me'to.be the same persons whose names are subscribed to the annexed instrument in writing as having executed the same respectively as Vice President and Secretary of The Colorado Fuel and Iron Company, a corporation, organized and existing under th'e Paws of the State of Oolorado,.and who are known to me to be much officers respectively, appeared before me this day in person and severally acknow- ledged: that the sseal affixed to the foregoing instrument is the corporate seal of said Corporation; that the sang was hereunto affixed by the authority of said Corporation; that said instrument was by like authority subscribed with its corporate name; that the said S. G. Pierson is Vice President of said Corporation, and the said D. C. McGrew is Secretary thereof; that by the authority of said Corporation they respectively subscribed their names thereto as Vice President and Secretary and that they signed, sealed and delivered the said instrument of writing as their free and voluntary act snd deed, and as the free and voluntary act and deed of said Corporation for the uses'and purposes therein set forth. Witness my hand and official seal, this 20th day of May 1937. My commission expires December 28, 1940 Ruby L. Pearson Notary Public. 'Filed for record May 26, 1937, at 1:45 O'clock P. M. '''Walter J. Frost, Recorder By Chas. S. Keegan, Deputy.. OIL AND GAS LEASE' AGREEMENT, Made and entered into the 25th day of February, 1937•1by and between A. T\Roberts and May Roberts,'of Carbondale, Colorado, party,:of the first part,-here- inafte� called lessor (whether one or more) and Joe Juhan party of the second part, ' hereinafter called lessee. WITNESSETI ,That the said lessor, for and in oonsiderat•ion of Five and no/100 j Dollars, eabh in hand paid, receipt of which is hereby acknowledged and of the covenants and\agreements hereinafter contained on .the part of lesseee to be paid, kept and performed,\has granted, demised, leased and�.et and by these presents does grant`, demise, lease aril let unto the said lessee, -for the sole and only purpose of mining and operating for\oil and gas, and laying pipe lines, and building tanks, power stations and structures thereon to producer; save and take care of said products, all that certain trabt of land situate in/the county of Garfield State of Colorado, ••described as foliows, \to -wit: All that part of the Nort Sixty (60 acres of Lots Twelve (12) and thirteen,(13) in Section Twenty-seven (27), Townshi Seven (7) South, Range Eighty-eight.(88) West, 6th Principal Meridian, si to st of a line running North and South through a, :point 22745 feet due nest o t a 1/4 corner between Sections 26 and 27 of said Township and Range containing .7 acres more or less. Also that part of Lots 6. and 9 of said Township and Range, to to East of a line running'North and South through a point 2274.5 feet due wee of to 1/4 corner.between Sections 26 and 27 of, said., Township and Range, conte 1ng 43.3 acres more or less. All of Lots r ive (5) an Ten'(10), inSection Twenty-seven (27 �rlY portion of the North 'xts y ), also X11 that . Section 27, Township 8., R. 88aWr, 6t . M.�situate ve lWest 2) nofd Tailine nrunningiNorth' and South through a point 2274.5 feet due "est.:of the yuarter.corner between Sections 26 and.:27,=Townsh '7 3.-, 1. 88 W., 6th P containing 27.3 acres.`Also all'that, portion of Lots x (8) and Nine (9), in Sec on 27, 'Township - 7 S., R;'88 W., 6th P.M.`,"situate W t of a line running North and oath through a point 2274.5 feet due West of the •cu rter corner between Sections 26 and 27, in Township 7 S., s. 88 W. 6th P.M., containing 26.66 aures, more or less. Al o all that portion of Lot Eleven (11), in Se 'tion 27, Township 7 S., R. 88 W., 6th A.M., containing Two (2) Acres,'.' more dorr,.le a, as described by Document No. 27844 qy� fig{ y5, ( , , ta.!'.�hgi'a*;s�_ i«�E`"'F .'F'!�Lifb"'7� r_",., of Seot n "Township ^' s. ;- P Range and containing 132 acres, more or les It is greed that this lease shall remain in force for a term of 5 y ti - years from this date and as long thereafter as o11 or gas, or either of th is len by the lessee. , ,� x# , produced from said . .p 7$f J,���F1(�} {'h.'t.WMx'tyl f ♦e 'nf `iR+f.' �[ R �� � i F l''�". Ail^�1 J A 'T _r•�icTlT f. �.•.(�`*1_.'N^Y'..if consideration of the premises the said lessee covenants and ap seas.:," �1 t2) odeliver to thecreditof.'the lessor, free of Dost, in the p line to which the lessee may connect his wells the a ual.l 8 Fprod """� '' r Q s part ec .ell oil produced and saved 3;w from the ~leeaed premises, es royeltyyor, at lessee's elect -ion, .,t_n_payt =; lessor for auoh royalty the market price prevailing the,,.day the oil is run into the .ipe line- or;ia storage tanks. To pay the lessor as royalty 1/e of all other minA'n and f0 hudrocarbons whioh the lessee produces and eaves from id lands 2.; -To pay,f ar.thegas from eaoh well found upon the $aid premises, which sha 1a pr gee in marketable ghantities, a royalty of.12'•1/2 per'oent of the net proceeds fa•� :� •erf -ed from .the sale ofsuch g s,KoFr of he asoline tbet,auch gas maybe oonve ,.e: . into and'`merketed •off the premises. '� . , �P �`�a<: �� '� _ n ,�.,:,� ndenture, dated this 20th day COMPANY, a corporation organized and te nd ARTHUR ROEDER, as Trustee' of the Denver, Colorado, parties of the firs a corporation organized and existing the E D F _ (, •,-r•!S'ck°r ryL@.9ixp +r tX. 7 '{ t S�iS r y„ of May 1937, between THE COLORADO FUEL' AND IRON - existing under the laws of the State of Colorado, Estate of The Oolorad'o Fuel and Iron 'Company of t part, and THE COLORADO FUEL AND IRON CORPORATION under the laws of the State of Colorado, party of second part, WITNESSETH: - *-''THAT WHEREAS, on August 1,'1934, The Colorado Fuel and Iron Company and a wholly owned subsi- diary thereof, The Colorado �P Industrial Company, filed in the United States District Court, for the District of Colorado, their petitions seeking reorganization pursuant to the :.'.!:provisions of, Section 77B of the Bankruptcy Act. Thereupon an Order of Court was entered 1n said Proceedings which are entitled, "In the Matter of The Colorado' Fuel and Iron Company, And Another, Colorado Corporations, Debtors, In Proceedings for Reorganization, ,Consolidated Cause No. 8081," approving said petitions as properly filed and appointing Arthur Roeder as Temporary Trustee of the properties and assets of The Colorado Fuel and Iron Company. After hearing, and on September 15, 1934, and Order of said Court was ' entered making the appointment of Arthur Roeder as Trustee permanent, and also appointing him Trustee of the properties and assets of The Colorado Industrial Company. On March 12, 1935 a Plan of. Reorganization of The Colorado Fuel and.Iron Company and The Colorato.... ::Industrial Company, dated March 1, 1935 was filed in said proceedings. 'On April 25,1936, •' after'hearing, an Order of Court was entered in the said matter confirming said:Plan .. 1 of Reorganization, the Plan providing among other things that the properties, assets and business of The Colorado Fuel and Iron Company should be transferred to a .new corpora - 'tion to be organized That on April 16, 1936, the corporation thus .proposed. to be • ~:organized, that is, The Colorado Fuel and:Iron Corporation, Grantee herein, was incorporated under the laws of the State of Colorado. On-Jtie 27,, 1936 an Order of Court was entered in said proceedings providing, among othertkings, that on July 1, 7' 1936, or as soon thereafter as practioable,•The Colorado Fuel and Iron Company, The Colorado Industrial Company,. Arthur Roeder, as Trustee, and The New York. Trust Company, as Trustee under a mortgage or deed of trust of The'Oolorado Industrial Company dated.August.l, 1904 and supplements thereto, should assign; transfer, convey .and deliver unto The Colorado Fuel and Iron Corporation all their respective right, ' title and interest in and to all of the assets and properties Of every nature and description, tangible and intangible, real, personal or mixed, and wheresoever situated, of The Colorado Fuel and Iron Company and The Colorado Industrial Company, and of the estates of The Colorado Fuel and Iron Company and The Colorado Industrial' Company and of Arthur Roeder, as Trustee thereof. AND WHEREAS, The Colorado Fuel and Iron Company, The Colorado Industrial Company, Arthur Roeder, as Trustee, and The New York Trust Company, as Trustee, executed, acknowledged and delivered unto The Colorado Fuel and Iron Corporation their certain instrument of writing dated as of July 1, 1936, wherein and whereby, among other things, they conveyed, transferred and assigned in general terms•,•without specific ' descriptions of properties, unto Ile Colorado Fuel and Iron,Corporation, .oftheir' right, title and interest in and to the properties and assets of every kind and•nature tangible and -intangible, wheresoever situated, of The Colorado Fuel and Iron Company,, and of Arthur Roeder as Trustee thereof, and covenanted and agreed to exeoute, ;.•uJ acknowledge and deliver such other instruments, including deeds, as may be necessary, to transfer and convey all properties and assets of The Colorado Fuel and Iron Company and The Colorado Industrial company and all interest of the grantors .named in the said instrument in said properties and assets unto The Colorado Fuel and_Iron Corporation.„t: -Now,' THEREFORE, in conformity with said Plan of Reorganization of The Colorado i►uel a C Iron Company and The Colorado Industrial Company, and the Orders of Court. relating:.thereto, :more specifically the Order of Confirmation of said Plan of Reorganization, and.the.Orcer of Court directing the transfer of the properties and assets as above set forth, and `< „ipursuent to a resolution duly adopted by the Board of Directors of The Colorado Fuel 'and Iron Company, and in consideration of the sum of One Dollar ($1.004 and other ." valuable considerations, by the party of the second part unto the parties of the first part, in hand paid, the receipt of which is hereby confessed and aeknowledgedy.the parties of the first part do hereby grant, bargain, sell and convey unto the party of the second part, its successors and asst , assigns forever, all of the following described lots or parcels of land situated in the County of ., ,;• Garfield State of Colorado, to-ptw7tyit • , ;The Southwest'Quarter z ?91 (SW*) of Seotion Fourteen (14), -Township Six (6) South Range E1nety (90) West, (:' M q >N i r v iy • o t •r That part of the Southeast quarter (SEE) of,Sec.tion Fourteen (14), Township.Six (6) youth, Range Ninety (90) Wast, lying south and west of tIie.Drisooll Vein, containing eighty,(80) acres, more or less. The Northeast quarter (NEflrand the East Half'of the 'Northwest Quarter (EW ofAW1) of-; elation Twenty-three (23),,Township.8i=,(6) South, Range Ninety (90),West; 1T,Or' ThoPoitheastQuarar.ter (NES) and theNorthwest quarter (NW}) of Section Twenty-four (2424 ;, f i ownship Sia (6) South, Range Ninety (90) West; : ;,'sy' , -_ .��•.,LLt. f:�r:.l :y, qui 1 Ll j';7, he .coal only,_in the following described tracts: 1Fthat'portion of the Southeast Quarter of the Southeast quarter (SE- of SEi) of Section Thirty-three (33),4ownship Five (5) A} outh' Range Ninety (90) West,ly ing south of .the theColorado Rivera �., i , j , k;a Tt shk.'�y *1 {TFFSe.my4"=i1X hQq'�e• 'pe Southwest Wetter of -the Southwest Quarter SW* of.SW}),EastHalf of he Sout kweet tiQ,uarter,(Si of 8WW), the West Half of the Southeast,querter,(w pf 8E}), the Northeast ,'; quarter of ,;the,:Southeast,yuarter (NE of'SE}),'and all that portion of.the-Northwes "•' ;tnarter'of the Southwest Quarter (NWt of Sift) lying south of the Colorado River,•in $..eotion.Thirty. -four (34), Township Five(5 ) South, Riange Nt ineyh•{ y ti 90) rWie t, rte " ""3Y*4V �4xi1s44, iry-71..theWgat.Ha1f of the Southwest Quarter (Wi of SW tV,W43 '-r.'Wirktte.11 ari' • 5- 4 / ? ip Five (5). South Range Ninety(90) I ; . ,, ot oar(4) of Seotien FiVe (5), Township Six (6):Aouth, Range Ninety...DO) West-', .,!,,,It.',•: --'.'7,'-'''' ,',.e:•4''.:•:''7'/''. ..-7'...;'/, • , i -, e, ', , '- .: , , A, Y ,.; ,.. ; ." , , , :, --',`,,,. , '-'1'''",,, Lots :One 'Two and Three,( 1, 2 and 3), and Yifteen (15) acres off the:north end Of':- , the Southeast quarter of the Northwest quarter (SE* of NW) of Section Six (6), Township, Six (6)ne . South, Range Nity (90) West. •.• ' .. ,•,,,, .,- . , Together tith ali right, in dna to the lands immediately above described forming a , •-_:„., part of' the Coal Ridge Tract*, and in and to all minerals, and the right to extract and . remove the same, and the•right of ingress and egress, and the right to acquire the portion of the surface necessary for mining, and Similar operations, which were , H reserved unto The Colorado Fuel and Iron -Company, and The Colorado Industrial 'Company, or_eitherA)f.them;:-theirsUccessors or assigns, in those oertain Deeds of . , conveyance.as follows:. A Warranty Deed from -The Colorado Industrial Company, and The Colorado Puel'and Iron Company. (4rantors, dated the 24th day of February, 1909, unto 'The'Vulcan Farming:Cempany,,qrantee, recorded in the office of the County Clerk and qlecorder of Garfield County, Colorado, on the 27th day of February 1909, in Book 69, at page 479, conveying the surface of said described lands, as modified by a quit !' Claim Deed from The ColoradoIndustrie/ Company and The • Colorado Fuel and Iron - - -, . Company, Grantors, unto The Vulcan Farming Company, Grantee, dated the 9th day of May, . 1910,.recorded in the office of the County Clerk and Recorder of Garfield County, _ Colorado, in Book 80, at page 123. The'South Half of the Southwest Quarter (Sf of SWf) of Section Five (5), Township .. Six (6) South, Hangs Ninety (90) West.' • ,The .South Half of the Northeast Quarter Northwest quarter (SWof NWf) 'and the 3 quarter of.the Northwest quarter (SE 01' of •ISouth; 13ange:.Ninety(90) West. • " SOuthjlelf (Si) of:AectiOn 'Six (6), (Si of NTE); The Southwest Quarter of the. outh twenty-five (25) acres of the Southeast NWf) of Section Six (8), Township Six (6) .-, • , • .- .,• ,,.,y. . • , • • ••, • . • . . •.. Township Six (6) South, ,Range Ninety (90) ;The Northeast Quarter (NE*) and:the North Half of the Northwest quarter (Ni of,NWf) ef Section Seven (7), Township .Sii (8) South, Range Ninety (90) West. ,The North .Half (Ni)• and the North Half of the Southeast quarter (Ni of SE) and the _ • Northeast quarter of the Southwest quarter (NEf of SW -f) of Section Eight (8), Township .:f.Six (6) South, Range Ninety (90) West. . . , •., The South Half of the Northwest quarter (Si of NWf) and the Southwest quarter (SW)'or Section Nine (9), Township Six .(6) South, Range Ninety (90) West. .. 1 .Tho Northwest Quarter (NWf) of Section Fifteen (15), Township Six (6) South, Range Aqinety.(90) West. . • . . . . . .. . . , . . ',.EhalterthHalf of.the Northeast Quarter (Ni of ND) •and the Northeast quarter of the . .• ..•-.. Northwest quarter (NEi of NW) of Section Sixteen (16), Township Six (6) South; Ranga, Ninety (90) Neat. ,- ..:, '''.. The South Half of the Northwest quarter (Si of NW); the North Halfof the Southwest . •,,4: 0 quarter (Ni of SW), and the South Half of the Southeast quarter (Si of SE-) of Section Nineteen (19), Township Five (5) South, Range Ninetyuone (91) West; ,, ... • The NorthQu west arter of the Northwest Quarter (NW i of NW) Of Section-Totenty-.nine (29),', • . - - Township Five (5) South, Range Ninety-one(91) West; ,,,:.:,. .;, . , . . The Northeast Quarter of the Northeast Quarter (NEf of NE) or Section Thirty (30), zq;,1,7 TownshipFive (5) South, Range,Ninetr.*one (91) Westf.,"‘„4.. *SATortheast quarter of the Northeast Quarter (NEf of NEf)of Section..Twenty-three(23),-: ' Township . Five (5) South, Range Ninetytwo (92) West;. .i„,1411,,ggiii4C4A)-4— •';4-74,1-',1*•"•* . . , Section Twenty-four (24), Township kl.Ve (5) South, Range Ninety-two (92) West, ,...,:::,• - excepting, however, a tract of4and containing approximatelyfour and eighty-two 4Undredths4402) acres in theNorth,Half ofzthe.„Northeast.quarter (Ni Of NEf) of saie. Seetion TwentY-fOur(24), More.T.eitieularly deab'ribed as follows: Commencing at a - point one thousand three hundred twenty (1320) feet west 01' the Southeast (SE) corner of SeetiOn-Thirteentl3Yi Township Five (5) South,„Range Ninety-two(92) Weet, thence south three hundred (300) feet; thence east seven hundred (700) feet, thence north three hun-- dred (300). feet, thence west seven hundred (700) feet to the place of beginning. . • .„.._ The korthwest qbarter of the NOrtheast quarter (NWf of NB) and the North Half Of the ,..1:... Northwest quarter (Ni of NW) of.:Seotion Twenty-five (25), Township Five (5) South,' z1:"M, .--• , - 74404441#44:4gV,4-ii;v,,,,'*.t.', oi.,4 ', , . • The1,..iltrn'21,4.._ /M',,01.tif•' .1' ilkWellt;;7 4. Northeast'qnarter of thelfOrtheastarter (NEf or NEf) of Section Teenty-six • 6) ' 2 ,ilownship_Five.,(5) South,Range Ni ety-two„.1,Vo 92) West. ,..,-,:,.(.4-44(fb.*4? AWgtAt4.,.Q44V40x440.44 ,44*W.10iri!,Gts ,t04,40, Those .traots-orrpaXoels'Of land situate inSection Twenty-seven (27), Township Six ' ..ic,1 •-•,.. .... ,. .„- 151;.South,.•gange,Eightynine (89) West,more particularly described as follows; . -,••••• i0oinneneing ate point on the east boundary line of the Southeast quarter of ..the ;- No;thwest Quarter( of_NWf),of Said Seotion Twenty-seven (87)where a line one hundred (100) feet southwesterly from, end Parallel to, the center of the main line -re- Ofjhe Colorado7Midland,Bailwayl as said Railway existed on thel5th day,..of July,,,AW t730895)i Would interseet.eeideast.:baUndary linefthence southeasterly along e.. linesonehUndied'(100) feetfrOm; and parallel•to,-the center line of,Said,Railway- five hundred seventy-five (575) feet to a point; thence southwesterly at'right angle,_ •Ao,r.phe.,penter_line of said Railway enehundred,(100) feet-to,alpointftthance. soUthtailer twohundred(200) feet:;trom and parallel to the eenter line,ofSaid Rallway:Awo thew( inetythreeAS093) feet,to:40ioint on t.e`iouth,fioundery4oftheNprthwestqtiarter:e , • .',, , ''t.- 4i 4:. , • • ' Thirty-one (31), Township -give (5) aouth, Range Ninety (90) West., ., . 4trUl'"' • .'.:;.‘,744,, ,„.,,,;,,,, , Also; -ill -of the-ePalUnderlIng the folibiinedesoribed land, but subject.tOihe'' , exceptions mentioned,:to-wit: The North Halfof the Southwest QuarterINf of SWiL South of the. Colorado 'River and Diet of Elk Creek; the Northwest 'quarter of the ,---. .r, Southeast quarter,(Nwf'SEf),-the Southeast'quarter of the Northwest guarter (SEf NW*) East. of Elk Creek of Section Thirty-one (31), Township Five(5) South;„Range Ninety 90) West, 6th P.M.,'together.with the right to mine and extraot the samewlihout injury- :.„':. to the surface, excepting, and reserving from this grant the coal underlying(1) all suoh portions of the land above described as were conveyed to The Grand River Coal and Coke Company prior to December 18, 1895, and (2), also all such former or present. lots in the Town of New Castle, es were conveyed prior to December 18, 1895, l'44t- without reservation of coal in the conveyances thereof, and (3), also all of said PAp',i4 land east of the east line of the Northwest Quarter of the Southwest Quarter (NW* of SW*) of said Section Thirty-one (31), which was conveyed prior'to December 18, 1895, to railway companies without reservation of coal in the oonveyances thereof, being _- part of the same property conveyed to The Colorado Fuel and Iron Company by The Glenwood Hot Springs Company by deed dated December 18, 1895, and recorded February zr, 1896, in the records in the office of the Clerk and Recorder of Garfield County, Ce Colorado, in book 35, page 544. , , , &13,?: The East Half of the East Half (Ef of Ef) of Section Eight (8), Township Seven (7) 1,-41 South, Range Eighty-nine (89) West; . . ; 'rtri The -West Half of the Northwest quarter (Wf of NW),.the East Half of the Southwest 4 Quarter (Ef of SW*) and the Northwest quarter of the Southwest quarter:(NWf of SWf) of:Section Sixteen (16), Township Seven (7) South, Range Eighty-nine (89) West; -.,.4 The East Half of the Northwest Quarter (Ef of NW), the West Half of the Southeast TY,' quarter (Wf of SE), and the Northeast quarter of the Southwest quarter (NE f of SWf) of Section Twenty-one (21), Township'Seven(7,)South, Range Eighty-nine (89) .West; - . - 7.. TheEast Half of the Fest Half (Ef of Ef) and the Northwest Quarter of the Northeast . , kQuarter (NW:f of NE) of Section Twenty-eight (28), Township Seven (7) South, Range Eighty-nine (89) West. ' , The East Half of the Northeast quarter (Ef of ND) and the Southeast Quarter (SE) of Seetion Thirty-three (33), Township Seven (7) South, Range Eighty-nine (89) West; subject to a right of way for a County Road. ' The West Half of the Northwest quarter (Wf of NW -end the West Half of the Southwest :Quarter (Wf of SWf) of Section Thirty -tour (34); Township Seven (7) South, Range - 'Bighty-nine(89) West; subject to a right of way for a County Road. 5:The West Half of the Northwest quarter (Wf of NW*) and the Southeast quarter of the Northwest quarter (SE f of NW*) of Seotion Three (3), Township Eight (8) South; Range Eighty-nilie (89( West; OThe East Half'of the Northeast quarter (H Of NH) of Section Four (4), Township. REight (8) South,,Range Eighty-nine (89) West: The West Half of the southeast Quarter ( Wi of SE); the Eat Half of the Southwest \ ,quarter (Ef of SW*); the Southwest quarter of the Southwest quarter (SWf of SWI)/of Section Three (3), Township Eight (8) South, Range Eighty-nine (89) West; I he West Half of the Northeast Quarter (Wf of NEf); the Southeast quarter (SEf); the .jEast Half of the West Half (Ef of W), thd the Southwest quarter of theSouthwest '89) West; uarter (SWf of SWf) of Section Ten (10) Township Eight(8) South, Range Eighty-nine . The West Half'of the Southwest Quarter (94 of SW*) of Section Eleven .(11),Tol7nship ...: Eight (8) South, Range Eighty-nine (89) West.-_ .,,..,,,'7a'444.;ikifi4YW Tbat portion of the Northwest Quarter of the Northeast quarter (NW+ of NE) and of ',, , the North:Half of the Northwest quarter (14 of NWf) of Section Fifteen (15), Township .Eight (8) South, Range Eighty-nine (89)West, lying north of the line dividing Garfield and Pitkin Countiee. - - .That portion of the Northeast qUirter of the Northeabt,4Uarter'(NF* of NED of Section. Sixteen (16) Township Eight (8) South, Range Eighty -nine -,(89) West, lying north of,:''' -,,....: ,the line dividing Garfield and.Pitkin. Counties. -..14,i,y- ,: A.LI'ef the'righti'iitle:.ani interest of the .Grantorsnin and td, the Ware and Hind . Mitch which diverts water from'Elk Creek in Vater District. Number 39, State of / Colorado,' and. all rights-of-way, dams,.headgates and",ellOther appurtenanoes thereto :including'the ,right.to divert for beneficial use.One (1)Pubic foot of water per, :second, of a total. of Five (5)oubia feet of water per second, with prierityes:pf. :October'ell883; being District.Priority Number 15, in said Water District; ,ix heretofore decreed. .'444,:.0,41,,,,-.:4---* '''.4*4:"'' .tiiimig4tare ...,...4,,?!N.6..;_,. • 4- -,..,---,,,,,,,,,,,,,,;";.,-•1, *11 of the right, title and'interest'ef the Grantors in and to the M. Roderick Ditch' r'r _and Pipe Line which diverts water from Elk Creek in Water District Number 39, State of, Colorado, and all rights-of-way, dams, headgates and all other appurtenanoes thereto,,' including the,right.to divert for beneficial use Thirty-two One -hundredths (32/100) w alibi() feet of water per second of a total or Two and Twenty One -hundredths (2-20/,00Y" cubic feet of water per second; with priority as of December 9, 1903, being,:k DI/Strict Priority Number 169A, in said Water Distriot, as heretofore decreed...le' Atillfailttrt*4NOW,-410.t Together with a/1 other property and assets of whatsoever kind or nature, tangible or intangible, real, personal or mixed, and all right, title and interest in suchY properties; belonging to saidGrentors,situate=insai“ountyof.Gerfieldth e State, of 0019rado.----------.. ' 'i• i ' • " * - ' . '.,, :4z..;.. ,..4 ia: ,4 7'4' •,' ' ,," • '';i',,• : 4‘i :I; 40, • • . . Southeast quarter (NWf of SEI) of said Section Twenty -•seven (27);thence east along said 4 M';.SOuth.boundaryof the Northwest quarter of the Southeast quarter (Niff of SEf) of Section 'At 4'.Twenty-seven (27) one hundred fifty (150) feet to a point; thence.northwesterly fifty (50,241 eet.-from and parallel to the center line of said Railway two thousand eight hundred twenty-thiee (2,823) feet to a -point which is on the east boundary of said Southeast :7414 11)1 ihtAgarter-ofthe Northwest quarter (SEf.of NWf) of said Section Twenty-seven (27);..thence south and along said east boundAry of the Southeast quarter of the Northwest Quarter Calf of Ma) of said Section Twenty-seven (27) sixty-two (62) feet to place of beginning,. containing seven and eighty-nine hundredths (7.89) acres, more or less. • • . Commencing at a point on the east boundary line of the Southeast Quarter of the Northwest Quarter (SEf of NWf) of Section Twenty-seven (27), Township Six (6) South, Range Eighty-nine (89) West, where a line fifty (50) feat northerly from and parallel to the oenter of the main line of the,Colorada-Midland Railway Company( hs in the preceding paragraph mentioned), 'would intersect tha east boundary line of the Southeast Quarter of the Northwest quarter ISEttof NW) of said.Section Twenty-seven (27); thence southeasterly along a line fifty y' 50 . feet from and parallel to the center line of said Railway, a distance of seven hundred nineteen (719) feet to a point; thence northeasterly at a right angle to the center line of said.Railway fifty (50) feet; thence northwesterly One hundred (100) feet from and parallel to the oenter line of said Railway seven hundred sixty-six (766) feet to the point of intersection of the said east boundary of the Southeast quarter of the Northwest quarter (SE f of NW) of said Section Twenty-seven (27); thence south along said east boundary to the Southeast quarter of the Northwest quarter (SEf of NWf) of said Section Twenty-seven (27) Sixty-two (62) feet, to the place of beginning, containing eighty-five hundredths of an acre (.85), more or less. Commencing at a point on the north line of the Southeast quarter of the Northeast quarter (SEi of NEf) of Section Twenty-seven (27), Township Six (6) South, Range Eighty-nine (89) ‘;West, one thousand five hundred fifty-four (1554) feet east of the Northwest corner (NW) of the Southwest Quarter of the Northeast Quarter (SW f of NE) of said section; thence east fifty (50) feet to a point on the west bank of the •Roaring Fork River; thence in a ,,southerly direction along the west bank of said river one hundred four (104) feet; thence .west seventy (70) feet; 'thence north one hundred (100) feet, to the place of beginning, - containing fourteen hundredths (.14) of an acre, more or less. Commencing'at,a,point;said point being the northeast corner of the Northwest quarter of the Southeast'Quarter (NW* of SEf) of said Section Twentyseven (27), Township Six (6) South,.Range Eighty-nine (89) West; thence south along the eastern boundary of the Northwest.quarter of the Southeast quarter (Of of SE) of said Section Twenty-seven (27) six -hundred twenty (620) feet, to a point which is the intersection of the east boundary of the Northwest quarter of the Southeast quarter (NW f of SEf) of said Section Twenty-seven (27), with a line parallel to and one hundred fifteen (115) feet from the center line or the Coloradollidland Railway Company (es hereinbefore described); thence northwesterly: on a curved. line to the left parallel to and one hundred fifteen (115) feet from said center line.of.said Railway a distance of Six hundred fifty-six (656) feet, more or less, to the north boundary of said Northwest quarter of the Southeast quarter (NW f of SED of said Section Twenty-seven (27); thence easterly along said north boundary of said Northwest Quarter of the. Southeast quarter (ni of SR) of said Section Twentyseven (27) two hundred thirty-two (232) feet; more or less, to place of beginning, containing one end four hundredseventy-six thousandths (1.476) acres, more or less. , . . . Commencing at a point, said.point being the Southeast (SE) corner of the Southwest quarter of the Northeast quarter (Silf of NEf of Section Twenty-seven (27), Township Six (6) South, Range Eighty-nine (89) West; thence west along the southern boundary of said. Southwest qaarter of the Northeast qUarter (SW* of NEf) of said Section Twenty-seven (27), a distance of two -7671,i.. hundred thirty-two(232) feet to a point distant one hundred fifteen (115) feet; measured Hon a radial line from the oenter line.of the Oolorado Midland Railway(as hereinbefore defined); thence northwesterly on a curved line parallel to and one hundred fifteen (115 ,itlAt' iltleet.fromsaid'.center line of said Railway a distance of six hundred eighty (680) feet,- 4':more'or less;;thence northeasterly on a radial line to the main line of said Railway two ,- "hundred ten (210) feet; thence southeasterly on a curved line to the right parallel to aid ;three hundred twenty-five (325) feet from said center line of said:Railway eight hundred 1, thousandths (3.524) acres more or less. - • -, 'twenty (820) feet, to the place of beginning, containing three and five hundred twentyf.feur ...4 •.' '•-'.. i ',•1;,,,-,-,- - ' t '. ' ,. ....=,, )::- 7,'74.W.IVV' '' V 'WO' • ,. „ • :•,,,)4 ,t . , ,i.;•••J ' ,, t ' 1,- , . .,• , :, , , ,, ., ,..,...,,, , ,, ,,, i . „..A 4 it.„. , .,,,.1, . i,-,1 • 'Tho -South Self of the,Southeeitl;;Uarter 1Sf of SE) and-the:Southwest 'QUartei,(SW-f);,of .Section Twenty-six'(26);rTownshipEive:(5)south,-Renge 11nety-omr(91) West;('.. .:ii•*-: OpmsOrni.,',;Et.ut-si;a*tc,44-x4,4414.-LuA.-- --Art- '''. haAPUth Belt of the Northeast Of gEIY,,"tlie-Southeast Quarter (82i) and the: ,.= IfestRalf (Wit) Of Section Twenty-seven (27), Township Five.(5) South, Range Ninety-one ,'-, • „!1(91Y,WesttolF,,,:i4XAY. ..."1.Y,':iL. :-....,„,,,,,i-J,;..V1=,,..1,!'"'-' 't,4t-i•:j':W4a7.1•:.•,4=7:c$:' :',.',:',.• t '. '''';.!117•P42Pen. , 1' ' - ''',,'' ' . ' ' - e'.:XliSt 'Hal; 91 . ok. si- or Seption Twenty -sight ,(28),Township ,,, ,,A...•...V..., ',- „', ' .W,.„-' „r,..4„'i..dc.,1,;.",•,•,?,0,,4..e&o*.„,,in,• !,o. -',•..:.4...:,441-;,..=i ',;"4 4:,-'..•,',. :..:;:"I: Fi!.. v. e, I,,154144S o u t h, u'r Ra',p. g- e .i..-i•LNir ne..t. y4:47, -o. *i rtfilalf,of thccWertheastQuartr (Nof NE) SeotionThirtyrr (54),' Towns „,,14 ',,,i,c „,„ • , , i %- p.:. ' ,1 . I i ,i, : , , 2 . o 41. 4 : : X '. „fr.., i %'—','',..,,r ,, ' ' 4” ;;;Ft : '1, ,444, 4. , Te ' 5) South, -, Rangefpnetrone (91),West; • .JC:ip;.,A64.:,,. hi,44'.,:i •.,. •,,,.- •• ,„...,„ , ,, -. 't,,,i;.4,1,,,,,i'r,''' (44' , • • . • ' . c,744 6The .rth Nalf:(Nf)"enethe North Half of the Southeast Quarter AN 01'SE)Section Thi.y4five- 35),t Tp!nehiplive(5)South, Range Ninety7„ono_(91) Weet;„,,-4':'"," • ‘-. i'','itPt'wf*4A,v:,,-,-,,-,4i-,e:,,o.-,7.,:-tt-:,-,-..4,:r,::,"::,:,,:,.;t,yn,,ri-t,:-.,•:''..„_._-Ai,.._... 11.,,yof.tip.r.iloir7(Ni)-the North Half of the eoutheast,'Q,Uarter ' (Nit .01' 84), the ..Solithileat lAtiarter'ofthe.:Southeiet Quarter (BSI of SEf), and the•Southwest Quarter (SW1) of Section 4,14,rtyteix..(36)4,ToimeihiP:71.7eA5) South, Range Ninety7one: (91) West; • . -:,..,41',"•,,,-,,, ,'..,,4,, . ' ,e,Aile40-AA04.4,41v.:0R-q,;,,, -... :.,,,,,;.,,:,,,F-0,',,i,ft.,,,.i)-0,.....,,..:,.--.$,. , ., .,. 14 .1.Tivit..' prth jialf.:''f (ND 'i-Ithe,:Nottlipatit'.guarter of the 5outhep.at;Opirier (NE/ oi"--:8 ) .' an, t, 'I ,. *the aHaltt-of,Ihe.SoUthwestAnarter (Wi of sq): ;..0ticin,Two;(2,),:2094ilip six11::; :xitii2,47:ginge 'Ninetrono-.:(91);West; .."-'444AHi-2;"..-'4•"14' 'C.' ,-,.. -4'. ''' .-' — •' ' s' .. . .. „ ' '-:,-444'/A''`.*tr#FS...,iftA,IfPA.,' .., --. 641611t.10384;pf theY4buth keit ASif, of 8D:rthe , ; Outhwest • ueiter .:61 the, Northwest .1 . • o'.,, e,,.. rtei7(S1-of .. NW/);and'' that#POrti on rot' the ' Southeast .quarter of the''NOrthWeet, ituaxter SN/....Of -NW47 17ing-,weet''orlak.'Creek, and that portion' of the North tait 01' the 8outhwes1 AgaTter-,V4i*i'SWirlirlieieit7Pf41k-Creei ' d :-4 -7' - " - - ' ''-..,4:'"".*-* ,., 4,en,...,,nU1: I' ,,the Co1pradd ver 1..., Seotibn: ,0-4,1i,•';,,, 4,,,'"' •-...40/..;,:.. .;. .; 47,- -140v;i4v4iitoc", ."I',:7.':••• .• ,.4,./:.: ) .% ' • - . ,, • , ... • • ( • i.,-. . . .-,;,i'll ti.',•;-: - ;i,,..7'''04..:•0'44,•:(''01.!'..t.:'''',-4f1'•.,.-7''': , l,,7.•_''. -'-'•--,,r?",,f.:ja:t.,•:),;4'f,(7..t,‘.7:',0•:-.,0:7-;.;.;'.;')...!:;., : ' .• ,:,....:*.....4 ',•.0;*•,) 111:,!,7 Together with all and s ngu ar the heredltaments and appurtenances thereunto belonging,' '.'or.irl,any wise appertaining. including, without. limiting, all appurtenant ditches, water, :1Vk4 ,.7. .., water.;rights and easements, whether .hereinbefore specifically described or not, and the. 7freversion,endreversi.ons, remainder,and remainders, rents.' issues, income and profits . , thereof,'And all the estate, right,:.title alli interest, property, possession, -claim -,,'•- z.ijil ttnd demand whatsoever, as well In law as in equity, of the parties of the first part, or ,..7. .! . .:either of them, in and to the property hereby conveyed, and every. part and paroel thereof. • ,- . . . • • ' TO HAVE AND TO HOLD the said property hereinabove described and conveyed, with the appurtenances, unto the said party of the second part, its successors and assigns forever. • As to the said Arthur Roeder as Trustee of the Estate of The Colorado Fuel and Iron _Company, this instrument shall operate as a' quit claim deed only of all the right, title, interest, claim and demand which said Arthur Roeder has as Trustee in and to the property hereinabove described and conveyed. And the said The Colorado Fuel and. Iron Company, for itself, its successors and assigns, does hereby covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents, it, the. said The Colorado Fuel and Iron Company, subJeot only to.all right,title and interest of said Arthur Roeder as Trustee, is well seized of, the property hereinbefore described and conveyed as of good, sure, perfect, absolute and indefeasable 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, in manner and from as aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatsoever kind. or nature, exoept valid existing ease- ments and general taxes for the year 1936 and unpaid installments of special improvement 'taxes, if any there be, and except the lien, in so far as it pertains to the properties "lereinbefore described, of a:certain mortgage or deed of trust from The Colorado Fuel Iron.Company unto Central. Trust Company of New York( .and .its saccessors in ,Trust) dated February 1, 1893, and all supplements thereto, said instrument and supplements thereto being known as the General Mortgage of The Colorado Fuel and Iron Company.. • And the above bargained premises in the quiet and peaceable possession of the said.party .of the second nart,lts successors and assigns, against all and every person or persons lawfully olaiming, or to claim, the whole, or any part thereof, said The Colorado Fuel and Iron Company shall and will warrant and forever defend.' No liability whatsoever in favor of The Colorado Fuel and Iron Corporation, and its successors or assigns, shall attach to or be incurred by Arthur Roeder personally under or by reason of this deed, or the recitals herein contained. IN WITNESS WITNESS WHEREOF, Arthur Roeder, as Trustee of the Estate of The Colorado Fuel'and Iron ffixed written Company (but solely as Trustee and not individually nor personally) has hereu nto 1;7, attested by its Secretary, the day and year first above' hand and seal, and The Colorado Fuel and Iron Company has caused its corporate name be hereunto subscribed by its Vice President, and its corporateseal to be hereunto ato -fV, Arthur Roeder .-SEAL) As Trustee of. the Estate af - The,Oolorado Fuel and Iron Company. Wtpesso» hand a.nd_offioial 13ealthipP0t1)4ayp410 1937..4A4A474400.44 ''' ' , ''' ' •,.1.' ' ' - '''''''f, '''''' , '''' :0,44 ' ' -i, -A14,nr.r..1.,,,t0-4711/0t,',iicole7.n'1,--tti--,7. - , ---_,,,.:0-,'..,..,,,,,,.„,,,,.;..4,l..,'-,,,v,;..,.;:.i,.,.,.-4-- ,.ri!:i,...;1.,..,,,:!4,,,,.„4.4)1,,-7-.',4.-' i„. ,t•4', t,.,,ii, '-1'!"Irit'ison oMmission e/pireppeeember 28, 19404Notary Public.. -if: ,:i.. rti• 't -1••.i i.A.,*_;,-0,,t.f,ei„'T,:;.::10- o.-, T 77•., tt it fl i1 Reestrieteel et Iteco,oViaan THIS nFr tt, A ...44PrA.A.A4 .11•14 AAA,. ,i4,44i 0444,-5 An•IAT Stui by st•tw .1' le. ta..t of t "A f"*"it ear, and CtisDR'J).. &*.r771, ,:".1777• 'rVY,•ned r.••....:!•1, t: • A 4,1• oar. ;pa 1.‘0.t00, • ,o4 v4i +so 41*a.. .44 1.1,4* At •••::, 41.-r recon -f 1‘,Art li.°14AAA to-Arrl! It4t.44.4•A7 rt • „ • VT'. V•4:4•1-tal ";* 47 • "4". part. fer , 1:o m ItIrCOFIDIFfrfc TAMP GAR:1EU) JE: 21 19)37 Slate Lm Elks tattif444.• 4;t41. • ettikeeott. I. 11.1.e.eh, , !.‘1, • snit • • nr.- •ept . 4 erant, harrirsin, •••i••'..4•4 pact t .:•ce al/ the coilowithr 11.1.1 •r• Gar (fell . . • c.'‘1 • 7 • - 7714, !"..1 Oft ettearlialrelalItTler.11:112C304020tX Tfli,ETI4ER. .tat! and .nne,,:ar heredi.anienta and appurtenance. iherruntc neinnernm. or in anywise • se A 71,i ! 2,1 At remainder and nornairedirr., rent A, IAA WY. and pre f ita thereof: and all • vst t tarn, and dem a red ernatsmerer of the said parts- of the firat art. either in tsar or IL • .1* :n -d ;tremor...rt. 'frit h th. hereditaments and attpurtenine-ez-,„ Tt1 H 1,1T 104) Tfl R*t. • he t,en, ses e harranned and sir wribssd. all t1,. annurtenanres nnt.1 he sand , - • a avv:rn. forever:. And the vas: 7Fr. I S. r c_se c't3rprr-.A.t party o. part. ti-ir it.elir rt. 1.1,0.elePh..0..., and ziviiurna. doth covenant. -rant. ha -rain and agree to and with the •-•••• ong t.,,ert, es -01 teatime. that at tit,. time of he rnseahnir and deliwt•17 of thele a 0. pre ale, • .1% MY 4. anre„ perfect, absolute and indefeasible estate of 111 and nath gna power sod lawful anti:only to grant, harrain. sell and rwr t7.•,amn t,manner and fo.-or stid. nroi oat 'h. *amp are free and de • r from all former and or her rrants, and 1, 11e4. hat kind or nature S....Ve ▪ t,,. • 4.2‘.44•!.... , • 1.0 aril ..eareaAle 1../....11.1,1,110.1 4 the .1w.! :1111•11( Of th. astound part, it. p,u,reas•rf, kr.4 ar.en111 **it and ',tory pi...en or persons •flaim:nr or to claim t he whole or any part there" Like tar a' • 1•...1. fir.r nor,: chat; rr: if -v1P 'a .3. ;MANI AND FoREVER FEN r)„ lefINK:S...11s„ to.krov, t ,,rat part ,,ath au...4 is rorperate name to 1,4,4-4.4.4,1to (44.4,4•44,44.: 44A ,-ri41.4.cal sort Al I...". 1,4,4442111411AtrIAV•4.10:4•44.1144i tiy ,t .bs , 'A:fa y 1414 V�ir • ••••'' FIATE ftf CII1-41RA Dr), • • i'Lletl0 cy)ni,c; PA1-I rfq ,..,, .'•`.. The, corer,' log Ili ate-arcent a** at k noasle.hred herein. inc. this flny of T.-cr.:1,r '..,,. • ,...4 *...----* R. I.-. Ovortree - 1° 13;,,..,,,:. F. .7. Y.„ak] ich. Jr. 17'2; .. a. l'rs,r.rietnLayttedt '4,74 ...- 4,01 .A. VA't - la a e.srporallerl. ,.. I 4".. • ....f.- aA t ., CT& I Stee.• I (".-s----,..:-0.,- • . 4 •t .4.1, vikl t ry *., . _ : M. n. tarlatrorotn.samn aspires 5 , - R I • • -0—e -4 ' - 4,47.* • - -I. • it-dn....rimy hand and oft %zip., gp4f. e or vitpietS, .. 4..-o...r aep...ar,... t ,s-.144.44ford pa4heinae c. _ i oil SuKa Sit..t. T...... rviivrario 471441111 -4141 • 40. TA8LE: ACCCURNEIST ACQCURREMT t STATE 1 COUNTY 1 flats' 1 RANGE I i 1 I 1 I t I II ! ':.,. '17 A)fJ3 A I CO t GARFIELD I TSS R9OW I SEC 31 I - I I GOAL ONLY IN PART Of N1/W1/4 I - LYING SOUTH OF NORTH BANK OF COLORADO RIVER AND EASE or • • . • . : HEST BANK OE ELN CREEK EXCEPr . . • . • . : 4.887 ACRES 10 HIGHWAY AS . . 1 • : : DEEDED IN 522-46 t CO ( CAE.11ELD 1 155 I R9' -)m 1 SIC 31 1 - : :., •.! 1/4,,'/N kl.1, -..,q-Y of i :, .... I SOH(,..CE :1,40 fliAt -,1 '.1 01 PARC- i - H. , r;, ' • • . : .L.I i:.,,. L•' ,.._. .1,,- k, .EP, . . . • • : j .J.(.:(-13.• o, 5,A.•... :O 1: ( :. . - • . wILSON 1 I CO 1 1---• :3:0 1 155 1 I I (tom_ 4044t.4 ,..,,, p.,..ot t,, ,tf. I - .4 I . . : 5E1/4Nal: ,. : /1,1,1. i•-1 u, v(51 • I I I 1 I t .1 : CANE OE 1.... . . : ( CC I 1.-,P,;(01 1 TSS 1 R90W I SEC 31 1 - CC,,,L cd••, 0.:LA1 141'/A. I (.0.t.1 e,..) I : H,41/45fli. '...1C .., : A I . I 1 1 I I 1 1 1 1 c0 ,. I : E---.;•EuE, 1 E55 I P90 -w 1 RFC 41 i 1 - I PART 01" 111/2SW1/4 3114.40 LICSI I - 1 mkr.,S OF WI.ST PAN., Of I:f• CRLLA ARD . I ... . ••. • .. NOPTH Of ,,4 -)PTH .EA/101 THE ifi • . COLORADO AiERCCIFSjPfACE : 6 . 5.971 RES 101. P,IL;WAD, .1 A . • .. : SURfACE 01 1.9/7 A_RES 10 . . . . SCHOOL OtS1R101 PE -2, AND 5.46 : . • . . • . :. : ACRES FEE 10 IGIIWAY • . . . . I I . R 1 I 1 1 1 I I I 1 CC I C.4.E,,IELD 1 T55 I R9014 I SCC 31 I - I 1 51/251/2 LESS .162 ACRES IN I - 1 fEE- 1 SWI/4SW1/4 AND .021 ACPES IN ; 59. 57 •. • : : SE1/4SE1.,, TO HICK'./AY (46) I . . . I i 1 I I I 1 I I 1 S3 1 cA.kfiELs I T55 I 1490W 1 SCC. 31 1 - • t - I SWI/Eir,.‘/I. ..-.11C 31 EXE(Pf THE I - 1 K(- ALS 1 : SURFACE (1.f 27.1,7 ACOLS TO "-ft..::.1- '41 . -•; SCHOOL 4041.111ICT ;iE-2 : • 12.6%1 • I I 1 '.• I 1 1 I 1 1 1 , . . 1 CO 1 c.AMEIELD 1 T55 i;-„,..1 R911.4 1 SEC 19 1 - I - I OIL AND CAS AS RESERVED TO I - I OILCAS- I . : RAOLAM (DEED 371, OVER THE : 24099A • 'Y-...., : SE1/48W1/4, SW1/4NWI/4, . : • . • . . . : HE1/4SW1/4, NWI/4SW1/4, . . . • -: 51/25E1/4 SEG 19 • I 1 ..:-.1 1 1 I 1 11 Co 1 3.1.114)11400I T5S 1,1911.1, 1 SEC 26 I - I - I FEE LAND OVER S1/2SE1/4, SW1/4 I - I FEE- 240 I I I 1 -:'11 1 1 I II:1. I i 1 CC I CAkEIELO I T5S :. I R91W 1 SEC 27 I - I - I FEE LAND OvER 51/201/4, NW1/4 I - 1 fEC- )60 I : 5E1/4, 5W1/4 SEC 27 : A I I I I 1 1 12/09/62 15:04 SECTION 1 LOT I oLocK 1 C(6.41 I AWN SUR I OWNPSHP I TABLE: ACOCURRENT . 12/09/82 15:04 ACOCuRRENT I STATE I COUNTY I TWNsP I RANGE I SECTION I LOT BLOCK I LEGAL I I I '•_•-- I I II I Co I GARFIELD 1 TO 1SC 281 - . 1 FEE LAND5E1/4 OVER NE1/4, 1 - FLE- 320 iI I 1 i i I 1 GO I I I - . I OIL AD CS AS SEVD TO - 1 OIL- 40 RA0LAZZ1 (DE(D 37), OVER THE : A 6A5 - 1I : NMI/WIWI/SEC 29 I 40 A I I I I - - I 01t. xno GAS AS RESERVE° o 1 - o'L- uo : rAoLAzzi (OECD 37), OVER THE : A CAS- . NE1/401E1/4 SEG 3040 A I I I I I 1 I CO I 1 1:55 I I - - 1 FEE LAND OVER i(1/2N(1/'4 sEC 14 1 - 1 FEE - 80A i1 1 1 . I Co I l 3I iss 1 R9IW 1 SIC 3 1 - . 1 TEE LAND OVER NI/2. N1/2511/4 I - I I 1 1 1 i iI I GO I 1 TO 11W1 SZC36 1 - • - ) 5184%/1.S(/'4 LESS; (1) 6,102A 1 - SURFACE To RAILROAD, (2) . : . . . : SURFACE OF 2.45A TO TALBOTT, 320 . : ;,•,: . . . . . . : (3) SURFACE OF 3.128 ACRES To : : . . . HIGHWAy DEPT, (4) SUBJECT To . . . . . • : R/0[14 FOR BURIED CABLE OvER . . . . .012 ACRES TO MOUNTAIN STATES . . . : (PHONE 6 TELEGRAPH • 1 1 I i 1 cc D 1 15S I I - I - I k(1/18S(/18 LESS .8 ACRES 316 36 SAI1 RFACE FOR RAILROAD AnD • • : ACRES SURFACE TO NIDPoJAY . . i 1-; i 1 i i I CO 1 G18ELD1155 I91W 316 36 I - I - I FEE LARD OVER NE1/4, 860/4, NW1/45E1/4, 5W1/4 SEC 36 i 1i,,:7-: i 1 i , 1 it TO 1 84921.4 1 SEC 23 1 - 1 - 1 083. *140 GAS ONLY AS RESERVED : TO PAOLAZZ1 (DEED 37), OAR : NE1/4NE1/4 SEC 23 1 1 1 1 CO 1 CARFiELD $ 15S 1 R92w 1 - 1 - 1 OIL AND GAS AS RESERVED 10 I - 3 081„rr.. ii•: : PAOLAZ21 (D(CO 37), OVER ALL : • ' : SEC 24 EXCEPT 4.82 ACRES IN . 635.38 . . . • GRASS VALLEY RESERVOIR IN THE : . . . : NE1/4NE1/4 1 l' i 1._ 1 GARFIELD +75S 1 F91.4I - I OIL AND GAS AS RESERvE0 TO 1 60 .....-e, : PAOLAZZI OVER K1841/4NEI/4, 'ZI-1,(' • N1/2,041/4 SEC 25 11 GO I GARFIELD 4 -..15S -..-.I R92WSEC 26 1 - 1 I - I OIL AND GAS AS RESERVED TO i PAOLAZZI OVER NEI/4NE1/4 : , ....... _ ..,... 4. O 04 a 40 a. OW J P J ON 0< Ow 0 Ow • a 0 - ,-< >00 .o a N >0 0 11—.1' Z2c <W<W . W .i W.n - 0\ .. t WN NN W.-.- O 0 O^ Z v \W N•:• N 7.ni J% .4 a o O -a W.OS W0 047,m,• ^ We. 2 O^ O w N O N K 0, K Z w U K n\ W.= • W N < Z< 44040 N< 0..??- N .0 >Z :a u- >\ N . \\\\\ NO WO 7 a < a Z K d^\ kw C N < •\ N i W i W t W Z <^ >N .\ .\ \< WZ wZ^ W W NSW 2NNM, NO . N7 Y-7•'..... N.. N �' ..:7 ..- .440.4.4 Wa nNSSa337 H-7 .n W \W < W 2 S w W K W \\\\ \ 1 \ S 1.JN.•Z Z ZNr K 2^` S- 0 > Ow.- 00 WUW377 li NM „M^ NW - OG -Ow iWWS(%X W G Z 3 -^ \ ( W Z < n <^ W 4Z Q 4 K O> NNN 002100 K 0 Ki S 0C 0 p .. J>J O 0\ •" p .1'O ]Y WW s OZ • OF• W .r<W4 0. -WW O.. 0 0� 0 O 04- < 0 Z Z.- 0 Z Z W ZW 7 ZW Z. X1[0000 ;C ` K P70 4020 <W <`.N <J �N <J.f, <.0-0\3.\2\ J>\ ar J~ W r.0- • ..- u .. U ZWK J - Ji J_\ J.- • JU J..0 J ``)�33 _ J X0<4.. 0.-00 Om 04)2 0.- ON O."o O1�NMZZYN O42 00 2 0 P. a 4, - • N N r 4 r W 7. N 0 U 00 W U 0 • W 0 0 0 0 W W N • N 0 N 0 0 • N N N - N N ] z 0 O 0 W 0 0 0 0 0 0 P P P P P P ¢ K O+ < O 4 K K C C K � K K •i. Vf• en No h y� _....—..........._......__...._—....__....__• ....__....r_...........r..__.,. W 4 O 0 n 0 0 S 0 0 m U .. • 4; Te OMP. Wft3 ft >00 Si CI.. \ Lftl ft .. 00; W W 2C \ Z O. aIC 41 1 I E 0.• 610411 ........... 0 ft? w•ofte.,, (...q4 WWW 0\ C01 ).9.6.ft CNN W 0 W\\0 CS gli174 OW5 0 ft • .... 3 ,.. . ...Oar,. .... tow. 4 ^—.11 ift WKS.* as t --.....m- .- ovt:, ...... .... .x ...4 Rseordadat 'c".}% DEC tor4.,.►„lbl.. 28 3 Reception No._ Ssr.�r�..b•ta�+— se�"?s.►�r—,e----•�a}y}—-Rat1Pder. •ht114 Mtn. EFn, \tale t his `.11,1 day of lh!t't.lttih't ,19 U.) b.-1 ....en )I' \' y h UTAH LAI ID CO PA:IY a corporation duly orrtn!red and *slating under and by virtue of lila laws td the State of t a(* hefir,tPlat. an(,RANE 1.101) LL1vll' rY a rorpt -.tion duly organised and es feting under and by virtue of the laws oft he■tntr of Do laware o(tha second part; whom. legal addr.t.is ZOU park Avenue, tJt'w York, Now York 10022 RECORDER'S STAMP H' ''r C41. rise SO.) C.Wt. tat: WITNEsNI:Tit• That the said party of the first part. for and In ronnderation of the atone -\,.1 Pol.lara ($10.110) and other yood and valuable consideration xxtiQU IRS to the said party of the first part in hand paid by the said party n( the second part, the r.eipt whereof Is hereby confessed and acknowledged. hath granted. bargained. sold and conveyed, and by thew presents don trent. bargain. sell. convey and confirm, unto the said party of the almond part, its successors and assigns foram, aq the fellewing described iathis or parcel Oland. situate. lying and being in the County t+! Gar it:J.tJ and St me of Colorado, to -wit SEF EXHIBIT A ATTACHED HERETO ICH IS MADE A -PART Hozr:'F ' AND I P'URPORA'! t:1) H F FEI ti BY REFERENCE Conai0erntion 1t•ss than $100 tonin merkommiRttstltbtty VIM** TOGETHER, with all and sintular the hereditament■ and appurt.nance• thereunto b►lotttiat. sr In arrywt** appertaining. and the reversion and reversions, remainder and remainders, rents, Issues and profits thereat; and all the estate. nght, t,t.. Interest. claim and demand whatsoever of the said party of the first part. either bre law we equity. of. in and to the oboe* bargained pr.tai.es, with the hend:tantents and apparteasnest, TO HAVE It ND Tt) HOLD the said premises above bargained and dr teethed, with tttaapput'Maat aw eats the alit party of the ..rond part. its ,uerenor* and 1111104,111 forever. And the said COLORN 3 s UTAH LANG ;70tPANY party td the first part. for itself. Its suecrn.nra and assign►. doth covenant, grant, barpain and agree to and with the said party of the second part, its .ucreaanra and assigns, that at the time of the entreating and delivery of t!,=•sw presents it is well wired of the premise* above ennveyed, as of good. sure. perfect, absolute and indefeasible ..stat, of inheritance, in law, in fee simple. and hath stood right. fail power and lawful authority to trent. bargain, nail and convey t Ire tame in manner and form aforesaid, and that the same are free and clear from all former and other granta, bsrtanr*..aks.Item• taxa., tae.asmenta and inrumt.ranrrs of whatever kind or nature aoever; and the above bargained premiss in the quiet and pea vo.hle po inn of the said party of the second part, its successors and essigna against all and *very person or parsons lawfully claiming er to claim the whole or any part t hereof. the said part; of the f.rst part ,hall and will WARRANT AND PORE%'F,R DEFEND. IN WITNF'R H'IfEFiF.OF, Th. said party of Ike fart part hath raus.4 its corporate name to k hereunto out bed by is president. and ill corp. rate a..! to 1'. hr r.•unta *(f io.d. attested by its A1lvsU ' ; 1.. UVL.r •-, _.r T.*{T}: OF COLORADO. 1'uunt r of 1".ld.tlo . 11y h. ,1 Y i . U'.'Al I I.AI .AND CO( �'i �J 0c: t r . t'h. tress•n„r in.trutn.nt ..at arknowle.ltred her, e me thi, , , lig 19 g3 .ht F.,fi•., ir'I�, .i. E. 1.. Cr.)10fn :: b Ut_.t!: ;,tnPj ! :•>; icy Mt' nutnnnl ru r, mrtru•n •spare•. W'nen. mq hand t..i n(fic,nl meal. No. 707.w,.x,t1 n.r a.,..,.. .,.. ....,... tur..�r.. rr...a.., day of iw•it'I;it_mr °a t)t' din' and AO ) ,F:reetAttey of wet e04,tla t f0 -r. 1;!/31...'d4 .".Ili Ir), • . �.... .. ... (toot 't` 0,u.ocrP C'N flc 1.01.erio F,ILDFED ALSECc GARFIELD COUP7L7C ' • -r!t••,,, •. ..; ; I, Judi th A. I van, Astietti-nt' Scc:retary Evert:el/RD- Land and Rtaource Coppany, Dclastare Corporei-i3On,! ;herAbr certify that the attached is a truc cud correct copy of. Amended Certificate of Authority of the Colorado lacritat4lf •••• 01P,•-!Igitt. — • ••• • th - e manna , Lend Com " pany to: E,vergrelan•.- Land Stet® ... datfed Februer106,r2. 19824,.2`.:Ohanginfl y tic . , ource Company SAN C 04•poratte40 to . • -.5 s . . Dated thin 25th day of ce. 77 _ ' 7./dith A. vet. mei stant Secretary • :7; ‘11.4.;•. • Iota 7;1 tv Dea,,kmwsztetr OrAVa ' 4,1 11 t i ilILV44‹ • 44 f •.:11 ATAL1E EtT.R. 12,04)adr. 6444 avii4c- 6101 i ert,so, f nn cw-f644,ipreCdr,,• (,.'1411M r C.C44(ed 41 MC Se igW.,i.ti°646..wr4wC maTtrionTrz 0,7 rilftt-V2— 7: TY TO EVERGMrel I .R1,0 AND RES-01JRM DSC COPF 1 ON FORMERLY KV " 4 FtS., CPRIC LPHO C4X171%,.!Y, it an" te 4-gangg.. to egzz t9'or4eterty ii.,(hytee 4ezzz-zeitiz,„•,sc csig tz. • . ' • :g• DMTO: F'EgRUctRY C., 15'1)4 " 1.4414.12.V ?.• .:4•;•'••••Vt-T,t . igi;.9 14% :74,140" ChileblUile clittk=1: k..f1L,YeTON FOR it:SCAM= CEPTIFICKTS OP AUTHORITY VORLIG fROPIT CORPORATION • Pr? To the Secretary of Etats of the State of Co/credal Purruant to the. proviaione of the Colorado Corporatien Cole. the underrioned corporation hcreby applies for an Amareara Certificate of Authority to coadact it affairc in yoar State. at -W for that purpore aubaite the follmings I . . , • FT rsT: A:4' li:; reitif itostiv of, Atsthoxity:wits.iiasucti'.:koitbiot,i;j1;...,, corporation. .. ::,,.. • ' 7 , . ' ' " l'''''''•: ' ''' ''Y •'' , • .,•• ',1,,i:.:,:i ',71 :'q.. ',,,-. ' ' . , • ,. Wszcobipi, is,klet4resernt paaue.aof.;•ktatiocirppraticia in ?..Colorittip.-. i 6 • Creinea;.1461Company.t't—:17q it incorporatca rind., the laws of Delcwara. FOURTHE me corporate mare of t,..he corporation has kven chencee, to tvereroan hand an6 Leur -ct,o Company. rImit Thit, upplicat ir t. panied by a certificate of fact of: chansu of mom d,uly eartit , Illy the propear;Oficer ct tri -t7 Statr under th© laws of whiCz. it I'l intorporated .• EVISROMEN *AND AND MOUS= =PANT . formtray known as Crame.Lend'COmpo.ny STkTE OF COLORkDO ) ) et. COMM OF PULL.0 ) • • I t ‘. • " .4" CS''''""".3:E2ognmen*Ensaw. VLCC Yos nt t --r --,,-„p, „,... - v."--- k„,:L,4"t secretary foregoinT imatruft :.e.hrelalged before thit 9th day o bruary. 19E4, by 0'. C V!•om PrOlidant, and L. Overtree, Resistant Secretary, ot rversi.cen Land and Resource Company, foreerly known at CrLr LLmS. mnpany. In teitness whereof 7 ht,u1 hereunto c*t my hand eTt., ty c-exemi,I.ort k s/L27.: ry lic 316 tet CO 61=2 .'i Lvite k I. CLD *4 C.:t f0 ."" y ? STAa€:: E ' + f. meq.• �i_�S'�'�' 4 CERT:IFICAT,W r 4, .: , 0. .t . C �s MT,' "ti b ryisir r morel ._�46)l 64i CEa IFICATE OF IWCORPOSATICW ' tW.44.14LC awe Crar,c Lend Company, a corporation 'organised •an6, onictfts,, td er and by virtue of the General C3rporatim it of teLQ,i;tete of Dalawarc, DOES HEREBY•'CIDTIFT: !a -,,et 'the Board of Directors of seit coxporeti. by the txtenictotto, ?grit ten2loonceat; of,fito, sweabers, 7thi -t; ',.the''board..'.f.'.!adoptedf.a•resOlatlicempropbeiniCandAec ' , , --,, ; .:,;,,,,ot, .-,,Ir,•'',1 .-J,; - ',,'r,-.:;,,I.,g- ..;!. ,..,- , . , '.. .»,:-- aidvisable,';,.th akfollosineeoeandoosi#tolthoiOtr4ateatimf,t„ ,, ,,..i4 m,:„-", q .- , -,,:, :''.,:' -: ,,..;,.!=;: , . . •.;';','.'.w..,- 'f, , . '*"' .:,t':'*4; .fM-S,'''.." ' r -,''''''IP:' ''.1 ,:' ' ' .1:4:::.'"' -,. corporatica, of'acf. corporationt _.... RESOLVED. thnt ths Certificate of lneorporatica of r7,7-Lnc LxInd Cc- 7 be attended by cLal2ing the filret &rtf.c/c: Lherccl ::: that, en ammadad,neid. AzticLe --..-.1. thall bc, cad rc co fcLLeurt "I.. The t. --.:.1 of ti. z,_ Corperetiva Lc: EvarreaL-.. Lend and 1,(gource Company.' SECOM! MLA: iL lieu of a moetin& caul mote of etc:a:hole:7=g, the ntaelz.hclezec tar\ riven unanimous vwitteat euvemat tt tiLiC amendment t ecatdr.T,ca teL the provWcake of motion Ell ehe ezemc..rt? L-TreTIL, 1 Law of the tL., ElAte ef ra,LE1,1 That tLatorecei6 ameaMment mee atev-te accordance vith Lh,. applicable proviefoue of matioc!,- c,,TX 12L of the ,erporation LIM of Ow gtate Of • tc:.i7-S'ecr-c L I • , - . .n..1., • et VC 31-:141411r2tiez-rooDenicke.yol !. ivery-re, tiok, 1,res. 1,74y ht4c1414 •k Ur..., .11443 j.1.0, City II..., WA It, 4 ---,,,05,t. , : -4:J4 '—•'.iti ..-0,- --2, .,.:,,.:., ''''J- w-c‘tcci,6 -A iiA4iiiii •k 4 i., .:;..;., •.:.-1C4:11'tki- iliEtotfl; iti.P..i ULtO. 1-1:;cc ,4, v ;.1. ,IH,:c 1992, between EV:"; j • , AND RUSOURCE COMPANY, A. ,-,,,oration duly orgenired -and exitthK-i4. , and by virtue of (I, :., .1,(, State of Delawort.-of the first Parts, and COLORADO AND UTAH 1,,C) COMPANY, a corporatiOn duly or rt c,n6 existing under otd nY -•tue of the laws of the Strte of Delaware. • . whogal address is f, 0. oxB316. Pueblo, Colorado 61002.;:orlhe • County of Pueblo, and '.: .,: of Colorado, of the. second ,Pientr:• -: •-. .,..1. WITNESSET, That thfa ck=i,j, Part./ of tht first pert, for end in consid eration of the sum of Ti- Dollare (S10.00) and Other Good ericr;Naluable Considration, to the slc,. g,v,rty of the first part, in hand We 'hy the said party of tbe sf..curd part, the receirt whereof As hereby' confessed and ocknowlcdee, hrs granted, bargained, sold and conveyed and by these present,-., c',1: c,(-tf,l, bar9ain, sell, convey and ccnfirr unto the said party ,:1-f the ,:„econd part, the survivor of it, iis successors and assigns, 611 the following described lot or.erctel. t“.. land, situate, lyin e and being in the County of Garf,1016.4nd'Ilate of Colorado. to-witAi-'-'..i.i.:1','.',:;:,::i•'.i., ., . ...• . • „... • • ,-'-,NELI•CASTLE.,1"RACT: 'r'4'.7.-:',IP'::::7,0„A:4,;.'4f';rgekliitetimIltfia0 • .„, C0z.1 only in r -Fri of N1/25411/4 lying south—rt. t-th t4.-.nk of Celcco River and east of • Cl!- Creek, less '',897 acres to hithwti • • only unc4c• utrt of SEI/4N.1/4 lyine welt • e/c! uesk r Lik Creek 31 - yunder p SE1/4NU1/4 lyin9 eac,t, ci west iy;,,.nk of Elk 31 - COA1 only under SW1/04E1/4, WW1/4SE1/4 Pert of t41/2S411/4 ,')ing west of west bank of Elk Creek rnd north (If north bank of Colorado River less surface 5SH acres for railroad. Ivss surface of 2.4? to School District-. RE- 2 • and less 5.46 ac. to hway S172S1(2 less acres in SW1/4SW1/4 and .021 acrc,_ in SE1/4SEI,:-.. to hichway SW1/1',N14 kss of 24.498 rcres to School Distr)ct RE -2 . (-31 - - ' Section26 - r. - Iown.f.--51b.._Banvs_?1_West S1/23E1/4, SW1/4 S1/214E1/4, NW1/4, S1/2 P1/2 N1/-2./4 NII2SE1/4 F:sUli6SE1/4 loss 8. 1C; -f:. surface tr railroad. surf. 2.45 Talbott, less surrace Hcht..)Pr ,cv.•and subject to row for over •tcto Mountain St10 iclegrzr- 8cres —rface. ft, surf&ce to • •;: • , Mineral:a nLy as -Ikea erved$ 0Lra.1-anwattoter..4, 5E1 /414E1/41 -'t (`,47.1 NW1/4SE1./4(1448.ac),- SW1/4NE1/4;(3.24a).. IIIWOahLa..6-50111.11A.SIS22‘21..Walt ' 2 - NE1/4SE1/44:411/2SW1/4 ' 2 -,' N112-1ess -1..752 acre! in'Lots 1 -te.--+IaKWay . .. . . , t.,•474-5 Together with all and,aingular the hereditaments and _appurtenances -4 --. thereunto belonging. orjn anywise appertainin, and tn. teVeHilatOlne '',.,Ireveraions. remainder ;and -remainders, rent'. issues ;:ane'jloiett4S-., thereof; and all the *state1 right, title. intereat... claim '''whattsOevertr of, the 'attiCpartY of -the first part.,T„eithAWA.61A40:11). leguit of. in and to thliOitawc.,41.44011.0esmi01.1440,:, h W0q1daPirmlokoliqcAst .,-,4 , . . 40;;Aw OM *i sub*je as** nia,a 4, arAed easements, claims of easements,,,lorlftiektiitito,' if any. and buildinvor:-xoning laws and ordinance!. .”.;,0.? And the said party of the first part.- for itself and -it.tOsucciiatirs,„ covenants and agrees to and with the -said party of the Jeacond,Illaiti its successors and assigns. the above bargained premiswittW4ut*t . and peaceable possession of the said party of the secondart..-.Ata, successors and assigns, against all and every 'persontiroersontt lawfully claiming or to claim the whole or any 'part "Kihereof,bYb 47;7f. through or under the. -said party of the first part. FOREVER DEFEND. -t .' '.,:;. IN WITNESSAMEREOF.4' The said party of the first,part shaa;caused*Ats.* corporate name to be hereunto subscribed by its 41restdent*OggitsW corporate seal to be hereunto affixed by its Assistant Secrefary.,MAh*F4.. day and year first above written. ATTESTt 13t.; By___ ith A. Ivan Wetant Secretary STATE OF COLORADO ) COUNTY OF PUEBLO LAND AND RESOURCE, compANyj A Ali- es G. Wark esident SS. The foregoing Special Warranty Deed between Evergreen Land and Resource Company and Colorado and Utah w.a.-1 ues acknowledged before me this 3It day of July. 1992. by James G. Wark as the President and Judith A. Ivan as the Assistant Secretary of Evergreen Land and Resource Company. tt. my commission expirest Witness px, hand and official seal. ar#,Public • 2 TAX ROLL, GARFIELD COUNTY, COLORADO ••••••• •••••• . •••••• .a 1 .•-.t P6 0.e9 PAGE .nceiit wMraew says ...e 1r• •rewr .sc a.e.e • } W~ , f 0,0310 •007 003 01 000 0)7 `.P L 1 STEt4. CCPPOR*TI98 ..2 !'i 3190/3221 S 1160812 ACT l 5610 7 ` 1639 DCT 1 0 1 6 .119.26 0.00 ` 0111.241 Ii 1•-'-i0 •'ees+7Mi+eaw NTt+.•Mr .•yrswTwea..eso °1.cliJ C1 5i005-3190 /LL P:8'68( 415+73 - 6.0 1. Sr 6 8C RCS. Co SE. R . P:LL 373.10 CR 0-0.000 45T 073.157 s:t 23 -24... S'6 24 82. (NET 400 ACS.) 1 ( 2/_S-3161. JLS.rF .T_ " 9615 AG 01l6 T .. . or 5a.. 1 9, 0915 PS 031C weee..T SIMITIMINII NTR ... .•er.wt ..e..e.e 41•.000 16163' • 013017 2125 34. 00 001 013 ACT L . 1000 T- 110 '.1.24 0.00 ; 121.26 Ce •• 1 STEEL 60110111108 RCT 1 0 1 0 A2 1:11 31 90/ 12 61 S 1111100 14-5-41 00F ls.eeawT wlr.•ee.• ewe9w•re .•yrswt wece.eeo o.1.` 'J'S.0 C3 11905-3190 l}Hai 21 Cc SNS2 L3IN6 SCE U:3. -L2. 1.0.8.3.48671 Pal 013.332 CR 000.000 MET 073.302 0'e 6368 4.8. o„O.r. •, 44 /1136 PG 3512 .•• , T ex 6615 P6 0104 I \ '\ 58 9641 ►G 0000 L 'R ..717 ►6 0470 ✓ � ..c.r, ..wRew Nee we" .•y..ewy .eee...e� 1 OR 0139 PG 0041.✓ • '030 SR J•.1 5 '6 9 • _ T 4.590 ICES. r •'• }uveae w'ww.66. save Nle M '.re . 1042.00 #100 . 013234 2125 342 00 040 013 RCT L .5001I07.1 14:00 :F L I STEEL CORPORATION '!CT I '. • • 0 1 0 $1042.00 OOR 3190/12:1 S. ►RIIRIE • C3 311365-3111 , 36-5-21 f• • ''PbtlLC 1/2. Sr. #l/21t(74.044C) Swf((21.6SRC)u6-(24r eM rw.ree. N O ri .•. resit wea ePC �� PILL 013.302 CR 000.000 407 C'3.30. BR 9011 ►6.016,5 SR 151.5___414:7:0185 r •-$ . 611 0777 06 0570 T 04.0339 PG 0041 X0'15 RR P6 03535 4..ece.....mmW Nre.R.e BR, e.-wcer .•ereeew BR 0815- PG 0318, ' ` .. 552.490 RC3ES Y; 035146 2125 274 00 031 015 ACT L 96300 4 21040 2116.55 0.30 112116.SS CF 1 I STEEL (03431ATIJ8 ACT I 0 1 0 PJ 0J8 3190/1221 S ►1AI'12 21-,- 21 'waet..T..nsem eree..w•..•Trewrwaeew.oi PUE3L0 03 01005-3190 .°C 26. 5.. S1/2SE. SEC 27. S1/1NEM1/2.SE. SEC 34' Pall 070.099 CR 000.000 NET 079.499 61/2NE. SEC 35. 41/2. 81/25:. 282091 '6 0195 ___• _ ,..._ 9R 3615 PG 0102 ' ''4,t 61 0541 P6 000J07.956 06 0323 •.. a ry .t••••••• sane ►•e N.MewT waaaw. w Bt 0777 PG 0070 i i 06 0139 'G 0041 08 3915 PC 0335 08 0915 PG 0310 I 7 1290.000 AC2ES wc a..r ...YF NTS .•.> .•.rent .eee.7..e - • 017236 2101 021 00 061 017 ACT L 49640 1- 23116 ' 1143.01 0.00 •1093.00 EF t 131E0L 22115.►TIO6 PC 938 319//2211 S. PRAIRIE ACT I 0 1 _____ :-6-91 -�"'1 ereN .•s .•waMe Owes e«••'• PUEBLO CC 61105-3190 t2TS t(3,.12).2(31.15).3(30.19).4(34.:2). PILI 073.632 CR 000.000 9•7 073.632 425.. NESE, ERC_PT 1.75AC. 14 1613 1 C 2 G 861. • 31-5-90 1)75 70.0).1(.07.9(40).11.40.021. 1186 5252 606637 ' 6.27 AC. 3ESC. 730/145 17I46 I4 707 / 52.3..2-6-91_ ER 0146 P'. 0512 wit yam e..[.R,.ee•;..@ 1I BR 0615 PG 01'9 1111 11 ,.` ' C,rr /� ea ob.1 6 00.1 ' .{ 64 0777 PG 0170 - I ER 0939 PG 0041 - 01 0915 OG 0306 L__ 6t 0915 PG 0310 Nava c,...r.. Nee.... .•.Me.•w.es..m CB?.550 RCPES • Pi ReCIN'tlen o `114,17 ', tuc:c; —,-, .7 vCC`ten Ott 21199. &a,15 416 670 BARGAIN AND SALE DEED Forr0926.!r.6S3 (. uE i P tjet -;i." ESD Slaty DOC. F CB MINERALS COMPANY LLC. Grantor. whose address is P.O. Box 1827. Pebble Reach. California, tilos t for the consideration of Ten Dollars and other good and valuable consideration. in hand paid. hereby sells and conveys to WILLIAM A. PORTER. whose address is 1070 Co Rd 314. P.O. Box 288. New Castle. CO 81647. the following real property in the County of Garfield and Sate of Colorado. to wit: Town e. h P M Sectiovn2: N1/2 NE'4 less that portion lying north of tho right-of-way line of County Road 335. That portion of theg Wr'-.SW''4 hying north • and east of a line described as commencing at a point on the west boundary line of said W 1SW'4 where the centerline of County Road 314 intersects said boundary line: thence southeasterly along the centerline of County Road 314 to the mid point of said W' SW'4: thence due south to the centerline of Alkali Creek: thence southeasterly along the centerline of Alkali Creek to the Fast boundary line of said SW 14 GARFiELD COUNTY STATE OF COLORADO with all its appurtenances except that Grantor reserves to Grantor, GraMttor's heirs.. successors and assigns all of the oil. gas. carbon dioxide, helium, casing head gasoline. gas co ndensatr., . distillate. together with all coal. including lignite and subbituminous coal; coal bled gas, all other gaseous substances and all other minerals (collectively referred to as 'minerals') in and under and that may be produced from the above described lands together with the right of ingress and egress on the surface of such lands at all times for the purpose of prospecting, mining, drilling, exploring. operating and developing said lands for mineral production, all as described alcove, and the storage. handling. disposal. transportation and marketing of same therefrom. Grantor may use any mining and extraction methods deemed necessary or advisable by Grantor. without any liability on the part of Grantor. Grantor's heirs. successors, or assigns, for any damage that may result to the surface of said land. whether by reason of development or roads, workings and other facilities or by reason of subsidence or any particular method of exploration for. mining or removal of any such products from said iand. except that no such rights regarding the surface may he exercised in respect to any portion of the W'SW'h and S1/2NW'4. Section 2. Township 6 South. Range 91 West of the 6th P.M. Further provided Grantor shall. to the extent reasonably possible. avoid buildings and any offer improvements hereafter erected and if not avo'dable. shall comperstate the owner thereof for any physic. -41 486%ix damage thereto. thin VILA Notwithstanding any of the foregoing. Grantor further reserves an easement for ingress and egress purposes over and across the aforesaid W1/2SW'4 and S1/2NW'4. said Section 2, which casement shall he twenty-two feet (22') in width or such wider amount if reasonably required to properly support a dnving surface not exceeding twenty (20) feet in width. Said roadway shall be used only for mineral exploration and development. gas collection pipelines and utility purposes and shall not he used as a coal haul mad. To the extent feasible. said roadway shall not be located within two hundred (200) feet of any existing residence and shall be initially situated as reasonably agreed by the parties and shall use existing roads to the extent po;sible. Upon completion of the roadway. either party may require a survey of the casement by a professional land surveyor licensed in this state. Bids for such survey work will be solicited from at least three surveyors and the surveyor submitting the lowest responsive hid shall he selected. The cost of s,tch survey shall be shared equally by the parties. Upon completion and acceptance of such survey, the parties agree to amend the roadway rasrrnent description in this deed to incorporate such survey. • 2•HDCS-F; 2•DIS-Fl -}- { J 4 _ °rte;; ..th2C��J.Y • s� gra rrr �� g••••