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HomeMy WebLinkAbout07 DeedsDEEDS AND EASEMENTS 0\01. -PAN? 550 THIS PAGE LEFT BLANK FOR TWO-SIDED DUPLICATION. OLSSON ASSOCIATES 1111 '1.117MP41(141,140 ,44MIARIK1i ' IN 11 II I Receptdon#: 7461298 12/31/2007 12:01:32 PM Jan Rlberioa 1 ar 7 Roc Fee:S36,00 Dac Fes:G.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 3i S4' day of December, 2007, between BATTLEMENT MESA PARTNERS LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81635, (Grantee): WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcel. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE ANSI TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against alt and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD BATTLEM a Colorado li By AK - Name; Eri ��-ea Title: Authorized Agent PARTNERS LLC ty company The foregoing instrument was acknowledged before me this del- day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Partners LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: rA k QOQ 1 Notary Public SALLY GE(B VAGNEUR NOTARY PUBLIC STATE OF COLORADO My Cottrtn sok EAi 4ml 011104,70t19 i 1111 WA WWII Alrhil it l l 0■Y41111% IN 11 111 Reception#: 740228 1213112067 12-61:32 PM Jean ALberica 2 of 7 Rec Foo:$36.00 Doc Fea:6.06 GARFIELD COUNTY CO EXHIBIT A 1. A Pared of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North Battlement Parkway as recorded under Reception Numbers 398268, whence the Northeast Corner of said Section 8 bears N64°11 '55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58'IO"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Comer of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Southerly Right of Way the following three (3) courses: N77°24'14"W a distance of 104.74 feet; thence 354.34 feet along the arc of a curve to the left, having a radius of 1859.86 feet, a central angle of 10°54'57" and subtending a chord bearing of N82°51'42"W a distance of 353.80 feet; thence N88° 19'11 "W a distance of 1641.56 feet to the Northeast comer of Lot 4, Block 2 Burning Rock Subdivision as recorded under Reception No. 371427; thence along the Easterly boundary line of said Lot the following two (2) courses: S00°24'07"W a distance of 614.28 feet; thence S52°46'13"E a distance of 113.3 feet to a point on the Northerly line of a 20 foot Utility Easement No. 34 as recorded under Reception No. 362181, also being the Easterly Boundary line of Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following four (4) courses: S34°36'19"W a distance of 70.30 feet; thence 507°41'561'E a distance of 41.22 feet; thence 533°37'46"E a distance of 327.58 feet thence 503°37'02"E a distance of 348.69 feet; thence N85°30'26"E a distance of 574.39 feet; thence 564°41'02"E a distance of 104.01 feet; thence S44°44'08"E a distance of 201.49 feet; thence S47°29'41 "E a distance of 57.83 feet; thence N86°33'48"E a distance of 63.76 feet; thence N6299'52"E a distance of 216.09 feet; thence N84°35'43"E a distance of 51.70 feet; thence S59°24'28"E a distance of 33.67 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the are of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 57.68 acres more or less. Said Parcel is subject to easements and encumbrances of record 2. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Comer of said Section 8 bears N51°02'39"E a distance of 4204.64 feet, with all bearings being relative to a bearing of NOO°58' l0"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N59°24'28"W a distance of 33.67 feet; thence S84°35'43"W a distance of 51.70 feet; thence 562°39'52"W a distance of 216.09 feet; thence S86°33'48"W a distance of 63.76 feet; thence N47°29'41 "W a distance of 57.83 feet; thence N44°44'08"W a distance of 201.49 feet; thence N64°41'02"W a distance of 104.01 feet; thence S85°30'26"W a distance of 574.39 feet to a point on the Easterly Boundary line of Block 2, Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following six (6) courses S45°48'25"W a distance of 298.35 feet; thence 536°45'12"W a distance of 68.78 feet; thence S19°32'24"W a distance of 317.57 feet; thence 518°04'52"W a distance of 162.89 feet; thence 524°12'31'W a distance of 23.36 feet; thence S53°0I'14' E a distance of 75.63 feet; thence S16°44'10"W a distance of 733.77 feet; thence S73°15'50"E a distance of 736.08 feet; thence S70°42'38"E a distance of 60.44 feet; thence S84°07'30"E a distance of 64.54 feet; thence S69°57'06"E a distance of 63.31 feet; thence S62°23'49"E a 2 1III1#1,I11V 3W1,1411.1%11J 1VINIII.I4h'.I11411111 ' Receptiontt• 748298 12131(2007 12:01:32 PM Jean Albert= 3 of 7 Ree Fee,$36.00 Doo Frr:0.00 GARFIELD COUNTY CO distance of 69.25 feet; thence S52°57'45"E a distance of 120.64 feet thence S63°09'20"E a distance of 83.59 feet; thence 573°00'34"E a distance of 59.43 feet to a point on said Westerly Right of Way line for Spencer Parkway; thence along said Westerly Right of Way line N30°59'00"E a distance of 150.82 feet; thence leaving said Westerly Right of Way 570°49'20"E a distance of 819.47 feet to the Westerly Boundary line of a Parcel of land described in Special Warranty Deed recorded under Reception No. 727519; thence along said Westerly Boundary line the following three (3) courses: 105.26 feet along the arc of non -tangent curve to the left, having a radius of 1460.00 feet, a central angle of 04°07'50" and subtending a chord bearing of N26°30'2I "E a distance of 105.23 feet; thence N24°2626"E a distance of 486.76 feet; thence 121.62 feet along the arc of a curve to the left, having a radius of 460.00 feet, a central angle 15°08'53" and subtending a chord bearing of N16°51'59"W a distance of 121.26 feet; thence continuing 74.60 feet along an arc to the left, having a radius of 460.00 feet, a central angle of 09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast Corner of a Parcel of land described under Reception No. 502529; thence along the Southerly Boundary line of said Parcel the following three (3) courses: N56°45'01"W a distance of 317.60 feet; thence N74°24'26"W a distance of 223.22 feet; thence N50°57'I0"W a distance of 171.76 feet to the Easterly Right of Way of said Spencer Parkway; thence along said Easterly Right of way 396.39 feet along the arc of a non -tangent curve to the right, having a radius of 950.00 feet, a central angel of 23°54'25" and subtending a chord bearing of N17°54'03"E a distance of 393.52 feet; thence leaving said Easterly Right of Way N35°39'18"W a distance of 108.82 feet to the point of beginning. Said Parcel contains 76.26 acres more or less and is subject to easements and encumbrances of record_ 3. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Sections 7, 8, 18 & 17 Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Corner of said Section 8 bears N40°50'16"E a distance of 5894.33 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N73°00'34"W a distance of 59.43 feet; thence N63°09'20"W a distance of 83.59 feet; thence N52°57'45"W a distance of 120.64 feet; thence N62°23'49"W a distance of 69.25 feet; thence N69°57'06"W a distance of 63.31 feet; thence N84°07'30"W a distance of 64.54 feet; thence N70°42'38"W a distance of 60.44 feet; thence N73°15'50"W a distance of 736.08 feet to a point on the Easterly boundary line of l3uming Rock Subdivision as recorded May 28, 1986 under Reception No. 371427; thence along said Easterly boundary line the following three (3) courses: 516°44'10"W a distance of 759.48 feet; thence S65°00'15"W a distance of 1143.06 feet; thence S01°42'35"W a distance of 335.15 feet to a point on the Northerly boundary line of Willow Creek Village, Section 2 as recorded December 8, 1981 as Reception No. 322310; thence along said Northerly boundary line the following five (5) courses: S29°17'15"E a distance of 310.72 feet; thence 581°11'11"E a distance of 580.86 feet; thence S58°05'59"E a distance of 1I5.43 feet; thence N82°36'07"E a distance of 108.66 feet; thence S01 °05'52"W a distance of 159.34 feet to the Northwest corner of a a Parcel of land described under Reception No. 316688; thence along the boundary line of said Parcel for following two (2) courses; 588°54'08"E a distance of 208.92; thence S01°05'52"W a distance of 220.21 feet to a point on the Northerly right of way line of South Battlement Parkway as recorded under Reception No. 398297; thence along said Northerly Right of Way line the following four (4) courses: 132.67 feet along the arc of a curve to the right, having a radius of 622.96 feet, a central angle of 12°12'09" and subtending a chord bearing of S70°23'20"E a distance of 132.42 feet; thence S64°17'16"E a distance of 231.81 feet; thence 264.69 feet along the are of a curve to the left, having a radius of 522.96 feet, a central angle of 29°00'00" and subtending a chord bearing of S78°47'16"E a distance of 261.88 feet; thence N86°42'44"E a distance of 103.85 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following two (2) courses: 27.09 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 77°36'18" and subtending a chord bearing of N47°54'35"E a distance of 25.07 feet; thence N09°06'26"E a distance of 386.00 feet to a point on the boundary line of First Eagles Point as recorded September 22, 2004 under Reception No. 3 Ill "r. iliValiitiitailU irrriMMI alH'i 11111 Recept.ion#: 740298 12/31/2007 12:0132 PM Jean Alberloo 4 or 7 Rec Fee.S36.00 Doc Fee:0.00 GARFIELD COUNTY CO 660191; thence along said boundary line of First Eagles Point the following Seventeen (17) courses: N54°07'28"W a distance of 314.02 feet thence N55°41'19"W a distance of 265.45 feet; thence N78°39'50"W a distance of 296.32 feet; thence N81°45'01"W a distance of 297.02 feet; thence N81°57'04"W a distance of 145.63 feet; thence N75°45'00" W a distance of 370.19 feet; thence N22°01'45"W a distance of 154.99 feet; thence N06°18'36"W a distance of 114.85 feet; thence N54°39'55"E a distance of 55,12; thence N59°01'20"E a distance of 77.70 feet; thence N72°50'04"E a distance of 193.51 feet; thence S77°45'09"E a distance of 177.92 feet; thence S73°14'55"E a distance of 425.47 feet; thence N54°40'52"E a distance, of 470.22 feet; thence S84°56'46"E a distance of 248.40 feet; thence 565°52'14"E a distance of 148.32 feet; thence 526°51'31"E a distance of 82.97 feet to a point along said Spencer Parkway Westerly Right of Way the following two (2) courses: 105.35 feet along the arc of a non -tangent curve to the right, having a radius of 650.00 feet, a central angle of 09°17'12" and subtending a chord bearing of N26°20'24"E a distance of 105.24 feet; thence N30°59'00"E a distance of 846.41 feet to the point of beginning. Said Parcel contains 52.80 acres more or Tess. Said Parcel is subject to easements and encumbrances of record. 4. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line of the East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8 bears N22°4228"E a distance of 3772.70 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Westerly Right of Way line the following two (2) courses: 501°41'08"W a distance of 407.27 feet; thence 500°59'21"W a distance of 865.52 feet to the Northeast Comer of a parcel of land described in the Special Warranty Deed recorded under Reception No. 727519; thence along the Northerly boundary of said School Parcel the following seven (7) courses: N76°0719"W a distance of 854.61 feet; thence N08°46'47"E a distance of 418.88 feet; thence N82°55`19"W a distance of 44.28 feet; thence N63°58'43"W a distance of 279.40 feet; thence N57°48'47"W a distance of 115.39 feet; thence S74°08'54"W a distance of 55.18 feet; thence N61 ° 13'35"W a distance of 27.90 feet; thence 74.60 feet along the arc of a non -tangent curve to the left, having a radius of 460,00 feet, a central angle of 09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast comer of a parcel of land described at Reception No. 502529; thence along the Easterly boundary of said parcel N00°00'00"W a distance of 442.32 feet; thence leaving said Easterly boundary N52°24'27"E a distance of 88.42 feet; thence 564°18'03"E a distance of 428.17 feet; thence 583°43'30"E a distance of 172.14 feet; thence S54°03'08"E a distance of 109.24 feet; thence 571°06'37"E a distance of 73.94 feet; thence S67°01'27"E a distance of 419.92 feet; thence S49°57'25"E a distance of 110.81 feet to the point of beginning. Said Parcel contains 35.67 acres more or less. Said Parcel is subject to easements and encumbrances of record. 5. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North & East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Comer of said Section 8 bears N64°11'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58' 10"E a distance of 2605,18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said Southerly & Westerly Right of Way line the following three (3) courses: S77°24'11"E a distance of 343.47 feet; thence 1512.78 feet along the arc of a curve to the right, having a radius of 1095.92 feet; a central angle of 79°05'22" and subtending a chord bearing of S37°51'33"E a distance of 1395.50 feet; thence S01°41'08"W a distance of 1038.62 feet; thence N49°57'25"W a distance of 110.8E feet; thence N67°01'27"W a distance of 419.92 feet; thence N71°06'37"W a distance of 73.94 feet; thence 4 NMInFIT VANili tiall,Wrilill Al,��h', 0296 12/31/2 X 00712:0J32 PM Jean Alberiao 5 of 7 Reo Fee:$36.00 Coo Fee:0.00 GARFIELD COUNTY Co N54903'08"W a distance of 109.24 feet; thence N83°43'30"W a distance of 172.14 feet; thence N64°18'03"W a distance of 428.17 feet; thence S52°24'27"W a distance of 88.42 feet to the Northeast comer of a Parcel of land described at Reception No. 502529; thence along the Northerly boundary line of said Parcel the following two (2) courses: N49°20'08"W a distance of 359.28 feet; thence N79°37'28"W a distance of 224,18 feet to a point on the Easterly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence N35°39'18"W a distance of 108.82 feet to a point on the Westerly Right of Way line of said Spencer Parkway; thence along said Westerly Right of way the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right, having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02'22"E a distance of 376.97 feet; thence N 12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 56.17 acres more or less. Said Parcels are subject to easements and encumbrances of record. 6. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a paint along the Easterly Right of Way line of the East Battlement Parkway as recorded under Reception No. 398268, whence the Northeast Corner of said Section 8 bears N29°49'10"E a distance of 2672.29 feet, with all bearings being relative to a bearing of NOO°58' 10"E a distance of 2605.18 as found between a found 2 314" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said Easterly Right of Way line the following two (2) courses: 126.66 feet along the arc of a curve to the right, having a radius of 1195.92 feet, a central angle of 06°04'05" and subtending a chord bearing of SO4°20'54"E a distance of 126.60 feet; thence S01°41'08"W a distance of 1445.16 feet to a point on the boundary line of said unplatted lands of Battlement Mesa PUD; thence along said boundary line S88°43'14"E a distance of 993.55 feet; to the Southwest Corner of Lot 1, Block 1, The Highlands Filing 1 according to the Final Plat thereof recorded under Reception No. 344062; thence along the boundary of said Lot 1 the following six (6) courses: NO1016'46"E a distance of 325.00 feet; thence N16026'22"E a distance of 62.35 feet; thence N48°16'46"E a distance of 58.00 feet; thence S88°43'14"E a distance of 180.00 feet; thence S01°16'46"W a distance of 60.00 feet; thence S35°04'04"E a distance of 97.85 feet to the East Boundary Cine of said Section 8; thence along said East Boundary line N01 °33'31"E a distance of 1028.10 feet to the East 1/4 Corner of said Section 8; thence continuing along the East Boundary line of said Section 8 N00°58'10"E a distance of 96.88 feet; thence N81°37'17"W a distance of 1300.28 feet to the point of beginning. Said Parcel contains 41.35 acres more or less. Said Parcel is subject to easements and encumbrances of record. 7. Tract 3, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 8. Tract 4, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 9. Tract 5, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 10. Tract 6, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 69197 11. A parcel of land situated entirely within a tract of land described at Reception No. 408506, also being entirely with the Battlement Mesa P.U.D., County of Garfield, State of Colorado, Sections 7 and 18, 5 111111111%MM Ai 11ri1ria1itik WIN 11111 Reception#: 740248 12!31!2007 12:01:32 P11 Joan Albaricc 6 of 7 Rao Fee:$36.00 loc Fel:0.00 GARFIELD COUNTY CO Township 7 South, Range 95 West of the 611' Principal Meridian, being more particularly described as follows; Beginning at the northwest corner of The Fairways, Phase I, recorded as Reception No. 530565 also being on the east right-of-way line of Battlement Parkway West; thence along the easterly right-of-way of said Battlement Parkway West of the following three (3) courses: 471.88 feet along the arc of a curve to the right, having a radius of 950.00 feet, a central angle of 28°27'35", and subtending a chord bearing N 61°01'12" E a distance of 467.04 feet; thence N 75°15'00" E a distance of 340.50 feel; thence 429.83 feet along the arc of a curve to the left, having a radius of 550.00 feet, a central angle of 44°46'40", and subtending a chord bearing N 52°51'40" E a distance of 418.98 feet to an angle point along the westerly line of Lot 1, Block 2, Burning Rock Subdivision recorded as Reception No. 371427 of the records of the Clerk and Recorder of said Garfield County; thence the following four (4) courses along the westerly boundary of said Lot 1; S 51°00'00" E a distance of 186.70 feet; thence S 00°00'00" E a distance of 310.00 feet; thence S 55°29'30" W a distance of 754.25 feet; thence S 30°40'00" W a distance of 605.59 feet to the north lute of Willow Creek Village, Section No. 2, recorded as Reception No. 322310 of said Garfield County records; thence N 5739'08" W a distance of 277.40 feet along the north line of said Willow Creek Village, Section No. 2 to the southeast corner of said The Fairways, Phase 1; thence along the easterly and northerly boundary of said The Fairways, Phase 1 the following thirteen (13) courses: N 00°31'24" W a distance of 20.64 feet; thence N 12°20'41" E a distance of 44.00 feet; thence 23.36 feet along the arc of a non tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°12'39", and subtending a chord bearing N 33°03'00" W a distance of 21.07 feet; thence 33.36 feet along the arc of a compound curve to the right, having a radius of 100.00 feet, a central angle of 19°06'41", and subtending a chord bearing N 2l006'40" E a distance of 33.20 feet; thence N 30°40'90" E a distance of 235.19 feet; thence 50.32 feet along the arc of a curve to the right, having a radius of 200.00 feet, a central angle of 14°25'00", and subtending a chord bearing N 37°52'30" E a distance of 50.19 feet; thence 23.54 feet along the arc of a curve to the right, having a radius of 15.00 feet, a central angle of 89°53'50", and subtending a chord bearing S 89°58'05" E a distance of 21.19 feet; thence N 44°58'50" E a distance of 44.00 feet; thence N 45°01'10" W a distance of 145.40 feet; thence 23.54 feet along the arc of a compound curve to the right having a radius of 15.00 feet, a central angle of 89°54'04", and subtending a chord bearing N 00°04'08" W a distance of 21.19 feet; thence N 34°52'57" W a distance of 44.66 feet; thence 23.40 feet along the arc of a non -tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°22'04", and subtending a chord bearing N 89°42' 12" W a distance of 21.10 feet; thence N 45°01'10" W a distance of 163.18 feet to the point of beginning. 12. Being a 36.77 acre parcel of land situated in the East half of Section 13, Township 7 South, Range 96 West of the 6th P.M., County of Garfield, Colorado, and being more particularly described as follows! Commencing at a point of reference for the southeast corner of said Section I3, and considering the line between the southwest quarter of Section 18 and the southeast quarter of Section 13 to bear North 01°05'12" East with all bearings contained herein relative thereto; thence North 41°18'27" West 1906.04 feet to the point of beginning; thence South 75°25'51" West 1807.59 feet to a point on the boundary of the Battlement Mesa P.U.D. (Reception No. 333476); thence along the P.U.D. boundary the following seven (7) courses and distances: 1. North 30°21'25" East 80.00 feet, 2. North 35°25'25" East 644.58 feet, 3. North 29°17'25" East 829.38 feet, 4. North 40°24'25" East 99.86 feet, 5. North 36°27'25" East 150.05 feet, 6. North 34°54'25" East 163.27 feet, 7. North 31°12'21" East 266.75 feet, Thence departing said P.U.D. boundary and along the following two (2) courses and distances: 1. South 43°12'52" East 843.18 feet, 2. South 02°21'22" W. 807.89 feet to the point of beginning. 13. A tract in the S1/2 of Section 13, Township 7 South, Range 96 West of the 6'h P.M. more particularly described as follows: 6 A�ll�ilM"h�flH1HReceptj0 s 7402943 7 of 12I3112007 12;0};32 If dean Alberico 7 Rec Fee438.00 Doc Fee:0.00 GARFIELD COUNTY CO Beginning at the southeast corner of Section 13, thence North 55°225'29" West 1180.60 feet to the point of beginning; thence South 59°29'16" West 1225.50 feet; thence North 88052'30" West 202.82 feet; thence North 00°00' East 461.13 feet; thence North 81°10' West 955.94 feet; thence North 26°28'25" East 232.98 feet; thence North 30°21'25" East 126.15 feet; thence North 75°25'51" East 1807.59 feet; thence South 20'35'01" East 813.75 feet to the point of beginning. 14. Lot 2, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 15. Lot 1, Block 1, Monument Creek Village, Filing #4, according to the plat recorded January 29, 1986 as Reception No. 368452 16. A tract of land Tying, and being situate within Section 19, Township 7 South, Range 95 West, of the Sixth Principal Meridian, in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point an the South right-of-way line of Stone Quarry Road, whence the quarter comer common to Sections 19 and 20, Township 7 South, Range 95 West, of the Sixth Principal Meridian bears South 66°57'07" East, a distance of 2087.56 feet; thence South 01°25'26" East, a distance of 56.90 feet; thence South 64°46'28" West, a distance of 506.10 feet; thence South 86°10'00" West, a distance of 150.04 feet; thence North 69°31'58" West, a distance of 112.58 feet; thence North 07°52'20" West, a distance of 119.40 feet; to a point on the South right-of-way on Stone Quarry Road; thence North 80°15'34" East along the South right-of-way line of Stone Quarry Road, a distance of 738.00 feet, to the place and point of beginning. 17. That property identified as Common Open Space within Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.V.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 18. That property identified as Common Open Space within River Bluff Filing 9 - Replat, a part of the Battlement Mesa P.U.D., according to the plat recorded May 7, I984 as Reception No. 352082 19. That property identified as Open Space within Jack's Pocket Village Filing 5, a part of Battlement Mesa P.U.D., according to the plat recorded February 22, 1988 as Reception No. 389773 20. Tract D, Block 2, The Fairways, Phase 1, according to the final plat recorded August 17, 1998 as Reception No. 530565 21. That property identified as Restricted Reserve "B" within Stone Ridge Subdivision, a Resubdivision of Blocks 4, 5, 6, 7, 8, 9, 10 and 11, Monument Creek Village, Section Two, Battlement Mesa P.U.D., according to the plat recorded July 31, 1995 as Reception No. 481259 22. Lot 1, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., recorded May 28, 1986 as Reception No. 371427 23. 24. Lot 3, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa PILO., recorded May 28, 1986 as Reception No. 371427 according to the final plat according to the final plat Block 1, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 7 GRANTED The moving party is hereby ORDERED to provide a copy of this Order to any pro se parties who have entered an appearance in this action within 10 days from the date of this order. Ruben M. Hernandez District Court Magistrate Empoicspuast 28, 2009 DISTRICT COURT, GARFIELD COUNTY, COLORADO Garfield County Courthouse 109 8th Street, Suite 104 Glenwood Springs, CO 81601 CO Garfield County District Court 9th JI Filing Date: Oct 28 2009 11:48AM MDT Filing ID: 27779489 Review Clerk: N/A LCOURT USE ONLYA IN RE THE MATTER OF CONSOLIDATED METROPOLITAN DISTRICT, GARFIELD COUNTY, COLORADO Case No. I991 CV 210-2 Div.: Ctrm.: ORDER FOR CHANGE OF NAME THIS MATTER having come before the Court on Motion for Change of Name filed by the Consolidated Metropolitan District (the "District"), and the Court being fully advised in the premises, HEREBY ORDERS: 1. That the name of the District be and hereby is changed to Battlement Mesa Metropolitan District, effective January 1, 2010; 2. That such name change shall be made and spread upon the records of this Court; 3. That a copy of this Order for Change of Name shall be filed in Case No. 1991 CV 210-2. 4. That notice of such name change shall be provided within thirty (30) days of the date of this Order to: (a) the Garfield County Clerk and Recorder's Office; (b) the Garfield County Assessor's Office; and (c) the Division of Local Government in the Department of Local Affairs. The District shall be responsible for so notifying the above -listed entities. DONE this day of , 2009. BY THE COURT: District Court Judge I9rif t 4CM4Mi'alir<lrlg Ili 11111 0 U r Z 0 U 0 J Cr W oCC c. L0 e am C Li- d •"i0 0 0 16ao o IF; P`N • j$ OIL �41C CC Q a ya —_ dr - re v - Court: Judge: Alternate Judge: File & Serve Transaction ID: Current Date: Case Number: Case Name: Court Authorizer: CO Garfield County District Court 9th JD THOMAS WILLIAM OSSOLA Unassigned 27752657 Oct 28, 2009 1991CV210 BATTLEMENT MESA WATER & SANITATION DIST vs. SADDLEBACK METROPOLITAN DISTRICT Ruben M Hernandez /s/ Judge Ruben M Hernandez i - o 0 I z 1- z D 0 1 V ct lil CE 4-0 LO i. mo —0 m CN MNLL ell "11 U o CO do .. MIDN 07 rN uoLL MCO U m "10 LY ♦ N_ ..aN w D _ ■!!! 14G+�� 111.11144,11151d 1/01.1011040111M 11111 Reception#: 721060 04/1312007 01:15:00 PM B:1913 P0399 Jean Alberico 1 of 3 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, dated , between Battlement Mesa Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado. organized pursuant to Part 1, Article 1, Title 32. C.R.S. , of the County of Garfield and State of Colorado. grantor(s), and Consolidated Metropolitan District a quasi -municipal corporation and political subdivision of the State of Colorado. organized pursuant to Part 1, Article 1, Title 32, C.R.S. , whose legal address is P.O. Box 6116, Battlement Mesa, Colorado 81636 of the County of Garfield and State of Colorado , grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Ten (10) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee(s), its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: See Exhibit A, attached also known by street and number as: assessor's schedule or parcel number: See Exhibit A See Exhibit A *subject to all easements, reservations, restrictions, covenants and rights-of-way of record. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its heirs and assigns forever. The grantor, for itselfit heirs, personal representatives, successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee(s), its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. STATE OF COLORADO County of Garfield Battlement Mer .poli : District By: William Wilde, President T q foregoing ins7n m was acknowledged before me this / day of bee cm c r , 2006, by Wr/Jia/n f�s� A ib� 1 /iQm WW,` Witness my hand and official al. My commission expires: og /�xy it/A4/2,,00c 61 -e -a‘ Notary Public 0 No. 16. Rev. 4-94. SPECIAL WARRANTY DEED (Page 1 of 1) C:1Documents and Settings\Bill WildelMy Documents\Districts cor1BMMD CMD assign agreements 20061SpecialWarrentyDeed-Land.doc 3 - 11111K 111.1111141, M1111.0.1.0061.1tOWC 11111 ReceptionU: 721060 04/1312007 01:15:00 PM B.1913 P:0400 Jean Rlberico 2 of 3 Rec Fee:$16.00 Doc Fee.0.00 GARFIELD COUNTY CO LOCATION SECT,TWN,RNG:13-7-96 SUB:RIVER BLUFF FILING #1 LOT:2 DESC: WELL SITE BK:0717 PG:0217 BK:0601 PG:0658 BK:0769 PG:0511 BK:0688 PG:0677 SECT,TWN,RNG:13-7-96 SUB:RIVER BLUFF FILING #I LOT:1 DESC: SEWER TREATMENT PLANT SITE BK:0717 PG:0217 BK:0601 PG:0658 BK:0769 PG:0511 BK:0688 PG:0677 SECT,TWN,RNG:7-7-95 SUB:RIVER BLUFF FILING #3 BLK:I LOT:1 PRE:R470036 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:7-7-95 SUB:RIVER BLUFF FILING #3 BLK:1 LOT:1 PRE:R470036 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:4-7-95 SUB:RIVER BLUFF FILING #4 BLK:1 LOT:1 PRE:R400002 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:18-7-95 SUB:RIVER BLUFF - FILING #5 BLK:I LOT:1 PRE:R400002 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:17-7-95 SUB:JACK'S POCKET VILLAGE #2 BLK:I LOT:1 PRE:R400002 BK:0601 PG:0658 BK:0769 PG:0511 I ASSESSED VALUE a O O i!'1 en w 'b bb am Land: Bldg.:5,800.00 Land: Bldg.:11,600.00 © O O V1 r n b0 amm Land: Bldg.:8,700.00 Land: Bldg.:1,450.00 0 0 O © O, ef 'a bb _ACTUAL VALUE 0 0 o .4.-;"o --� •-7 CO Land: Bldg.:20,000.00 © © © © a 7 CO © o vi c r , CO 0 © 0 © pp r+1 ra Fa 0 © 0 v -i r1 CO O 0 0 © 0 69 ra CO COST ITEM Reception No. 371428 Approx. 13.53 acres River Bluff Filing #1 Reception No. 371428 Approx.: 21.18 River Bluff Filing #1 Reception No. 344067 Approx. 9.09 acres River Bluff Filing #2 Reception No. 344068 Approx. 0.98 acres River Bluff Filing #3 Reception No. 344069 Approx. 1.35 acres River Bluff Filing #4 Reception No. 352323 Approx. 0.27 River Bluff, Filing No. 5 Reception No. 344064 Approx. 0.39 Jack's Pocket Village #2 111111% I'a litV'kr44' 110I.MilrMiii.VIINIil 11111 Reception#: 721060 04/13/2007 01:15:00 PM B:1913 P:0401 Jean Alberico 3 of 3 Rec Fee $16.00 Doc Fee:0.00 GARFIELD COUNTY CO SECT,TWN,RNG:17-7-95 SUB:JACK'S POCKET VILLAGE #3 BLK:1 LOT:1 PRE:R040002 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:8-7-95 SUB:HIGHLANDS FILING #1 BLK:1 LOT:1 PRE:R400002 BK:0601 PG:0658 BK:0769 PG:0511 SECT,TWN,RNG:24-7-96 SUB:TAMARISK LIFT STATION BLK:1 LOT:1 DESC: TAMARISK LIFT STATION PRE:R400002 BK:0601 PG:0658 BK:0581 PG:0255 BK:0580 PG:0066 BK:0569 PG:0664 BK:0569 PG:0301 BK:0769 PG:0511 Land: Bldg.:3,480.00 Land: Bldg.: 10,150.00 O O O 4,1 -r C64 C b0 72,0 O O tsf 64 'C bQ g --= .4 CO Q M 64 'd to moa O O O 44 6 'cbA C am Reception No. 344065 Approx. 0.70 Jack's Pocket Village #3 Reception No. 344062 Approx. 2.88 acres The Highlands, Filing No. 1 Reception No. 363320 approx. 06 acres Tamarisk Lift Station 1111 rd FY IAN MV.IELMIritri0110 NU IN 11 H Receptiontt: 721059 04/13/2007 01:15:00 PM B:1913 P:0395 Jean Rlberico 1 of 4 Rec Fee:$21.00 Doc Fee.0.00 GARFIELD COUNTY CO BARGAIN AND SALE DEED THIS DEED, dated , between Battlement Mesa Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado. organized pursuant to Part 1, Article 1, Title 32, C.R.S. , of the County of Garfield and State of Colorado, grantor(s), and Consolidated Metropolitan District a quasi -municipal corporation and political subdivision of the State of Colorado, organized pursuant to Part 1. Article 1, Title 32. C.R.S. whose legal address is P.O. Box 6116, Battlement Mesa, Colorado 81636 of the County of Garfield and State of Colorado , grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Ten (10) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does bargain and sell unto the grantee(s), its successors and assigns forever, those water rights, permits, decrees, and other evidences of ownership described on Exhibit A, attached hereto and incorporated herein by this reference. See Exhibit A, attached IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Attest: William Nelsa Battlement Mesa Met:ropolital)District Z • By: STATE OF COLORADO County of Garfield William Wilde, President ,ThAforegoingAtikinutrnt was acknowledged before me this 1 day of ve&14i'(, 2006, by wig/ Q/n fie/9n Witness my hand and official seal. My commission expires:agI402/7 Qd/if x Notary Public No. 16. Rev. 4-94. SPECIAL WARRANTY DEED (Page 1 or 1) C:\Documents and Settings\Bill WildelMy Documents\Districts cor1BMMD CMD assign agreements 20061BargainandSaleDeed-water.dac 1111 IIS 1114.1ffildidliNCIAIVIIKKI 11 111 Reception# 721059 04113/2007 01:15:00 PM B:1913 P:0396 Jean Alberico 2 of 4 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A (Attached to Bargain and Sale Deed) The following described water rights located in Garfield County, Colorado: (a) 20 cfs of the Dow Pumping Plant and Pipeline decreed in the District Court in and for the County of Garfield, State of Colorado, in Civil Action No. 4914 for a total of 178 cfs. The decreed source of this water right is the Colorado River (and Green Mountain Reservoir) with a January 24, 1955 appropriation date, and a November 10, 1966 adjudication date. By decree of the District Court in and for Water Division No. 5, State of Colorado (hereinafter the "Water Court"), entered in Case Nos. 79CW350 and 351, the uses of this water right were changed to include municipal, domestic, industrial, commercial, irrigation, sewage treatment and other beneficial uses in connection with Battlement Mesa Planned Unit Development. As decreed in Case Nos. 79CW350 and 351, the points of diversion for the subject 20 cfs of the Dow Pumping Plant and Pipeline are located at a point in the channel of the Colorado River, whence the Northwest corner of Section 7, Township 7 South, Range 95 West, 6th P.M. bears North 46' West 3300 feet, and at a point in the main channel of the Colorado River in Section 13, Township 7 South, Range 96 West, 6th P.M. within a 100 -foot radius whose center bears North 8' 36' West 861 feet from the Southeast corner of Northwest quarter corner of said Section 13. In addition to the foregoing decreed diversion points, the subject 20 cfs of the Dow Pumping Plant and Pipeline has various alternate points of diversion pursuant to decrees of the Water Court entered in Case Nos. W-2560 and 82CW107. Moreover, by terms of the instrument whereby Grantor obtained title to the subject 20 cfs of the Dow Pumping Plant and Pipeline, Grantor's interest therein is subordinate in priority to the balance of the 178 cfs decreed to said water right. The effect of this conveyance was to sever into two distinct priorities the Dow Pumping Plant and Pipeline. The subject matter of this deed is the subordinate, or most junior 20 cfs decreed to said water right. (b) The following described conditional groundwater wells decreed by the Water Court in Case No. W-2560 for 0.22 cfs (100 gpm) each for municipal, domestic, irrigation and industrial purposes, with an appropriation date of March 1, 1974, all of which derive their source of water from the Colorado River alluvium: (1) Battlement Mesa Well No. 1A, State Engineer Permit No. 20065-F, located in the SE1/4 NE1/4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2300 feet South of the North line and 800 feet West of the East line of said Section 13. (2) Battlement Mesa Well No. 2A, State Engineer Permit No. 20066-F, located in the SE114 NE1/4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2300 feet South of the North line and 600 feet West of the East line of said Section 13. (3) Battlement Mesa Well No. 3A, State Engineer Permit No. 20067-F, located in the SE114 NE1/4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2300 feet South of the North line and 1000 feet West of the East line of said Section 13. 1111K Ili!ALP Ile riY h Mei 11111 Reception#: 721059 04/13/2007 01:15:00 PM 8:1913 P:0397 Jean Rlberico 3 of 4 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO (4) Battlement Mesa Well No. 4A, State Engineer Permit No. 20068-F, located in the SE1/4 NE1/4 of Section 13, Township 7 South, Range 96 West, fith P.M., at a point 2400 feet South of the North line and 1250 feet West of the East line of said Section 13. (5) Battlement Mesa Well No. 5A, State Engineer Permit No. 20069-F, located in the SW1/4 NE1/4 of Section 13, Township 7 South, Range 96 West, 6th P.M., at a point 2600 feet South of the North line and 1450 feet West of the East line of said Section 13. (c) Atlantic Richfield Well B, decreed by the Water Court in Case No. W-2560 for 1.10 cfs (500 gpm) for municipal, domestic, irrigation and industrial purposes, with an appropriation date of March 1, 1974, the source of which is the Colorado River alluvium. By decree of the Water Court in Case No. 82CW107, this well was granted the following alternate points of diversion for the following amounts which were subsequently made absolute in Case No. 84CW28: (1) Battlement Mesa Well No. B1, State Engineer Permit No. 25264-F, 100 gpm, located in the NE1/4 SW1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1960 feet North of the South line and 2200 feet East of the West line of said Section 7. (2) Battlement Mesa Well No. B2, State Engineer Permit No. 25265-F, 200 gpm, located in the NE1/4 SW1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1745 feet North of the South line and 2165 feet East of the West line of said Section 7. (3) Battlement Mesa Well No. B3, State Engineer Permit No. 25266-F, 200 gpm, located in the NE1/4 SW1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1720 feet North of the South line and 2360 feet East of the West line of said Section 7. (d) Battlement Mesa Well No. B4, decreed by the Water Court in Case No. 82CW107, and subsequently made absolute in Case No. 84CW28, for 300 gpm for municipal (including fire protection), domestic, commercial, irrigation, industrial, sewage treatment, recreation and all other beneficial uses, with an appropriation date of May 11, 1981. This well is located in the NE1/4 SW1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1465 feet North of the South line and 2185 feet East of the West line of said Section 7. The source of this well is the Colorado River alluvium. (e) The following described conditional groundwater wells decreed by the Water Court in Case No. 82CW107 for 300 gpm each for municipal (including fire protection), domestic, commercial, irrigation, industrial, sewage treatment, recreation and all other beneficial uses, with an appropriation date of November 11, 1981, all of which derive their source of water from the Colorado River alluvium. (1) Battlement Mesa Well No. B5, located in the SE114 SW1/4 of 1III1M Mil IN 11111 Reception#: 721059 04/13/2007 01:15:00 PM B:1913 P:0398 Jean Alberico 4 of 4 Rec Fee:$21.00 Doc Fee:0.00 GARFIELD COUNTY CO Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1180 feet North of the South line and 2100 feet East of the West line of said Section 7. (2) Battlement Mesa Well No. B6, located in the NE1/4 SW1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1440 feet North of the South line and 2475 feet East of the West line of said Section 7. (3) Battlement Mesa Well No. B7, located in the NW114 SE114 of Section 7, Township 7 South, Range 95 West, 6th P.M., at a point 1735 feet North of the South line and 2700 feet East of the West line of said Section 7. (f) Mesa Lakes Nos. 1, 2, 4, and 5, for a total of 44.4 acre-feet conditional, and 36.1 acre-feet conditional of the 46 acre-feet conditional of the Mesa Lake No. 3, decreed by the Water Court in Case No. 79CW349, all with an appropriation date of December 26, 1979. These lakes are located in Sections 7 and 18, Township 7 South, Range 95 West, and Section 13, Township 7 South, Range 96 West, 6th P.M., and all derive their source of water supply from the Colorado River, Monument Creek (alkla Monument Gulch) and unnamed gulches which flow into the eight lakes. (g) Huntley Ditch - Monument Reservoir Enlargement decreed by the Water Court in Case No. W-2012 for 15 cfs conditional, with an appropriation date of July 24, 1973. This ditch derives its supply from Battlement Creek. (h) Monument Reservoir No. 3, decreed by the Water Court in Case No. W-2013 for 500 acre-feet conditional for irrigation, piscatorial, municipal, and domestic uses, with an appropriation date of July 24, 1973. This reservoir is located in Section 20, Township 7 South, Range 95 West, 6th P.M., and derives its source from Battlement Creek and Monument Gulch. In addition, this reservoir is also entitled to be supplied from the Huntley Ditch - Monument Reservoir Enlargement. (i) Monument Gulch Ditch, decreed by the Water Court in Case No. 81CW436 for 1.5 cfs for municipal, domestic, commercial, irrigation, industrial, sewage treatment and recreation purposes, with a June 1, 1981 appropriation date. By decree of the Water Court entered in Case No. 86CW105, this water right was made absolute. As the foregoing water rights described in paragraphs (a) through (I) above were changed, augmented or utilized as a source of augmentation water by decree of the Water Court entered in Case No. 82CW107, and as the water rights described in paragraph (f) above are sought to be changed by the application pending in Water Court Case No. 89CW200. SUBJECT to the prior reservation by Battlement Mesa, Inc. of those certain water rights described on Exhibit B to the Bargain and Sale Deed, dated December 19, 1989 and recorded in Garfield County, Colorado, at Reception Number 408500, on December 21, 1989. Recwded at 940Ck m, 408 Reception No. ��-1-P`iL.e� Recorder. BOOK 769 Pitt€5i1, SPECIAL WARRANTY DEED THI&DEED, Made this • ZO H' day of • Deter., bei ; 19 89 between BATTLEMENT MESA, INC., a Delaware corporation qualified .to do business in the State of Colorado of the. County of , State of Colorado, grantor(s), and BATTLEMENT MESA METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of. the State of• Colorado whose legal address is 73,G. Sipprelle Drive, Battlement Mesa, Colorado, 81635 GARFIELD /02-7-d"? State Doc. Fee of the County of Garfield , State of Colorado, grantee(s): WITNESSETH, That the grantor(s), for and in consideration of the sunt of Ten Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, ha S bargain, sell, convey and confirm, unto the grantee(s), its if any, situate, lying and being in the described as follows: Zeabblitfi, granted, bargained, sold and conveyed, and by these presents does grant, heirs and assigns forever,all the real property, together with improvements, County of Garfield , State of Colorado, See Exhibit "A" attached hereto and incorporated herein by this reference. *subject to all easements, reservations, restrictions, covenants andrights-of-way of record. TOGETHER with all and singular the hereditaments and appurtenances. thereto belonging, or,in anywise. appertaining,,and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and a,l •the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), • its heirs and assigns forever. The grantor(s), for itsel f its heirs and personal representatives or successors. does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s); its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the giantor(s).,.* IN WITNESS WHEREOF, the grantor(s) haS executed -this deed on the date set forth above. L`C: Moline, / cretary sistant 107 t. . STATE OF COLORADO BATTLEMENT MESA, INC., a Delaware corporation By: g Rid A `�•nger, Vice President 55. County of ARAPAHOE . The foregoing instrument was acknowledged before me this 20th day of December ,i989 , by R.A. Stonger as Vice President and John C.. Moline as Assistant Secretary on behalf of Battlement Mesa,,Inc., a Delaware corporation. . Witness my hand and official seal. My commission expires January .9, 1991 *If inDonw insert "City and." •,;J.t •-1 1iJ 4: 4 ri- C U Notary Public O. I6.11ex 3-85. SPECIAL WARRANTY DEED Bradford Publishing, 5825 W. 6th Ass.. Lakewood, CO 80214 — (303) 233.6900 12-87 EXHIBIT "A" THE. PROPERTY LINK FAGE5,12 River Bluff, Filing No. 1,. Lots 1, 2 and 3 of Block 1. (Treatment plants site and Wellfield.A) River Bluff, Filing No. 2, Lot.1 of Block 1 (Wellfield B) River Bluff., Filing No. .3, Lot. 1 of Block 1 (Clearwell pump station) . River Bluff, Filing No. 4., Lot 1. of Block 1 (Golf course. lift station) . River Bluff, Filing No.. 5,Lot 1 of Block 1. (Zone A pump station) . . Jack's Pocket Village, Filing'No. 2, Lot 1 of Block 1 (Zone B pump station) Jack's Pocket Village, Filing No. 3, Lot 1 of Block 1 (Zone A tank) The Highlands, Filing.No. 1, Lot 1 of Block 1. (Zone B tank) Tamarisk Lift Station, Lot 1 of- Block (Saddleback lift station) . . 1111 li rdriti4faI 6111 ICY tih VIN1 Vadii h 11111 Reception#: 891652 04/25/2017 11:24:14 RM Jean Alberico 1 of 5 Ren Fee:$33.00 Doc Fee:0.00 GARFIELD COUNTY CO ROAD EASEMENT AGREEMENT (Lot 1, River Bluff Filing #1) This Road Easement Agreement ("Easement") is made and entered into this 15 -day of December, 2016, by and between BATTLEMENT MESA METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado, whose address is 401 Arroyo Drive, Battlement Mesa, Colorado 81635 ("Grantor"), and URSA OPERATING COMPANY LLC, a Delaware limited liability company, whose address is 105017th Street, Suite 2400, Denver, Colorado 80265 ("Grantee"). Grantor and Grantee are herein collectively referred to as "Parties." WHEREAS, Grantor holds legal title to the following described lands located in Garfield County, State of Colorado, to -wit: Lot 1, River Bluff Filing #1, located in Section 13, Township 7 South, Range 96 West, 6th P.M., Garfield County, Colorado; Assessor Parcel #2409-134-06-001; (the "Lands"); and WHEREAS, as described herein, Grantor has agreed to allow Grantee to use the Lands, including the right to use and modify an existing road thereon, to access adjacent lands for the purpose of conducting oil and gas operations; and WHEREAS, the Parties desire to memorialize their agreement concerning use of the Lands. NOW THEREFORE, for and in consideration of the covenants and agreements contained herein, and for One Hundred Dollars ($100.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a temporary, non-exclusive right-of-way and easement on, over, and across that portion of the Lands as more fully depicted on Exhibit A, which is attached hereto and made a part hereof by reference, for the limited purpose of traveling across the Lands in order to access and conduct oil and gas operations on adjacent lands, including but not limited to, drilling, completing, operating and producing oil and gas wells, conducting reservoir fracture stimulation operations, re -completing, maintaining and monitoring such wells. 2. The Easement Area. The easement area is limited to an area of width no greater than thirty (30) feet, being fifteen (15) feet on either side of the centerline of the existing road located on the Lands, as more particularly depicted on Exhibit A ("Easement Area"). 3. Optional Improvements. Grantee shall have the right to maintain and make improvements to the existing road in the Easement Area and shall be solely responsible for all cost, risk and expense associated with such maintenance and improvements; provided, any such improvements must be located within the Easement Area and must be directly related to Grantee's limited purpose of traveling across the Lands in order to access and conduct oil and gas operations Road Easement Agreement (Lot 1, River Bluff Filing #1) 1633573_1 Page 1 1111 FAIMMINV,1 4,91dtkiilthiPiALY4rh 111 Reception# 891652 04125!2017 11:24:14 AM Jean Alberico 2 of 5 Rec Fee:$33.00 Doc Fee:0.00 GARFIELD COUNTY CO on adjacent lands. Grantee shall not construct any temporary or permanent improvements on the Lands not otherwise permitted by this Easement. In the event Grantee constructs temporary or permanent improvements on the Lands that are not permitted by this Easement, Grantor may remove them without Grantee's consent but at Grantee's sole expense, which expense Grantor may seek from Grantee. 4. Damages. Grantee shall reasonably protect the Easement Area and the adjacent lands of Grantor from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. If by reason of Grantee's operations, there is damage to personal property located on the Lands or there is damage to the surface of the Lands by Grantee that is not associated with reasonable and normal operations and access as contemplated in this Easement, such as damage to structures, fences, culverts, water lines, sewer lines and/or electrical lines, such damage shall be promptly repaired or otherwise remedied by Grantee or Grantee shall promptly pay Grantor an amount reasonably adequate to remedy such damage. 5. Termination of Rights. This Easement and all rights, duties and obligations of the Parties granted herein will terminate automatically if and when Grantee ceases to utilize this Easement for a period of twenty-four (24) consecutive months, or at any time upon written notification of termination by Grantee. 6. Reservation by Grantor. Grantor hereby reserves the right to use the Easement Area and to grant further easement interests in the Lands to other grantees so long as such interests and uses are not inconsistent with and do not unreasonably interfere with the exercise by Grantee of its rights hereunder. 7. No Warranty. Grantor makes no warranty of title in entering into this Easement; provided, however, if it is determined that Grantor does not have the right to authorize grantee to use the lands affected by this Easement for the purposes set forth herein, then Grantee's sole remedy shall be to recover from Grantor those payments made by Grantee for the rights which Grantor did not have the right to grant to Grantee. 8. Maintenance. Grantee shall at all times keep the Easement Area safe and in good order, free of noxious weeds, litter and debris. Grantee shall not permit the release or discharge of any toxic or hazardous chemicals or wastes on Grantor's property. 9. Binding; Assignability. This Easement shall be binding upon and shall inure to the benefit of the parties and their respective representatives, successors, agents and assigns; provided, Grantee may only assign this Easement upon the express written consent of Grantor. 10. No Third Party or Public Rights. The easement created herein and the rights created, reserved, granted, and established do not, are not intended to, and shall not be construed to create any easements, rights, or privileges in and for the benefit of any third party or the general public. 11. Governmental Immunity. Grantor, its directors, officials, officers, agents, and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any Road Easement Agreement (Lot 1, River BluffFiling #1) 1633573_1 Page 2 hillFAIEPAdLnfrh' hd IIMI' ihuik 1111 Reception#: 891652 04/2512017 11:24:14 RN Jean Rlberico 3 of 5 Rec Fee $33.00 Doc Fee:0.00 GARFIELD COUNTY CO provision of this agreement, the monetary limitations or any other rights, immunities, or protections afforded by the Colorado Governmental Immunity Act, C.R.S. section 24-10-101, et seq., as the same may be amended. 12. No Wrongdoing. No elected official, director, officer, agent, or employee of the Grantor shall be charged personally or held contractually liable under any term or provision of this Easement or because of any breach thereof or because of its or their execution, approval, or attempted execution of this Easement. 13. Entire Agreement. This Easement, along with any exhibits and amendments hereto, encompasses the entire agreement of the Parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. 14. Counterparts. This Easement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. GRANTOR: Battlement Mesa Metropolitan District, a quasi -municipal corporation and political subdivision of the State of Colorado illiam Nelson, President GRANTEE: Ursa Operating Company LLC, a Delaware limited liability company Don Simpson, Vice President of Business Development Road Easement Agreement (Lot 1, River Bluff Filing #1) 1633573_1 Page 3 VIII 1irdERMlli NihiltR+ItrlNiiiiIini, ili'ikriik 11111 Reception#: 891652 04/25/2017 11:24:14 AM Jean Rlberico 4 of 5 Rec Fea:$33.00 Doc Fee:0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument is acknowledged before me, a notary public, this 15 day of December, 2016, by William Nelson as President of the Battlement Mesa Metropolitan District, on behalf of the District. Witness my hand and official seal. My commission expires: 7 3 STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER AMIE L. MARTIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074027139 My Commission Expltms July 13, 2010 n The foregoing instrument is acknowledged before me, a notary public, thiso/3 day of November, 2016, by Don Simpson as Vice President of Business Development for Ursa Operating Company LLC, a Delaware limited liability company, on behalf of the company. Witness my hand and official seal.. My commission expires: J,1 94, go(' KASEY L EUSBA NOTARY PUBLIC NOTARY OF COLORADO MY COMA . EXPIRES NOV. 24, 2019 Road Easement Agreement (Lot I, River Bluff Filing #1) 1633573_1 Page 4 1111 ElraratiVilitiNkil'ATTAIN I .lit 11111 Reception#: 891652 04/2512017 11:24:14 RM Jean Rlbericc 5 of 5 Rec Fee:$33.00 Dcc Fee:0.C3 GARFIELD COUNTY CO Exhibit A / / / / / \\ D i \ A 8 \ 3 `, ` 1 IP m \ P ' ;A a . \k ' c, k • 5 \,\.\i,\, • • •• • ` 1 • \ ` • 76- A �9 R l'1 9 0 8 Date: 1(112-16 a 1 S Road Easement Agreement (Lot 1, River Bluff Filing #]) 1633573_1 Page 5