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HomeMy WebLinkAbout1.06 Mineral Rights InfoLake Springs Ranch Subdivision Preliminary Plan/PUD Amendment December 2025 Exhibit 6 | Mineral Owner Research TGMC,llc Land Use Planning ▪ Site Design ▪ GIS Analysis ▪ Public Process 402 Park Drive ▪ Glenwood Springs ▪ Colorado ▪ 81601 ▪ P: 970.945.0832 ▪ E: tim@tgmalloy.com December 30, 2024 Garfield County Community Development Department c/o Glenn Hartmann, Community Development Director 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Mineral Rights Research and Mailing Address Dear Glenn: As required by the Pre-application Conference Summary Form and in the General Application Materials section of the Garfield County Land Use and Development Code (Section 4-203(B)), I have enclosed the signed Certification of Mineral Owner Research (COMOR) that was provided for the Lake Springs Ranch Preliminary Plan Amendment and Rezoning applications. At the time the enclosed COMOR was prepared, I reviewed a current title commitment. I also relied on several mineral research reports that have been prepared in relation to the Lake Springs Ranch property over the years (attached). The title commitment shows that mineral rights on the eastern portion of the Lake Springs Ranch property are owned by the Federal Government (BLM) and the mineral rights on the remainder of the property are privately owned. We would point out that the mineral rights citations in the current title commitment, which was updated on February 28, 2024, have not changed since 2004 when the original Assessment of Mineral Resource Potential report was prepared by Bio- Logic Environmental (See Exceptions 9 and 11 of Exhibit D, Biologic Report and the same exceptions in the current title commitment – Exhibit 4F). Based on paragraph 2, page 2 and paragraphs 3 and 4 on page 3 of the Bio-Logic Report, the mineral rights not reserved by the Federal Government have either not been severed, or the right to extract was never reserved. Therefore, all privately-held mineral rights have been retained as part of the estate owned by the Berkeley Family LLLP (Parcel ID: 218733300153). Given that the Federal Government continues to own mineral rights on the Subject Property, we have provided the address information for the local BLM office on the attached COMOR and in the adjacent property/mineral rights mailing list included in the land use application to which this letter is a supporting exhibit. Lake Springs Ranch PUD | Mineral Rights Research and Mailing Address 402 Park Drive ▪ Glenwood Springs ▪ Colorado ▪ 81601 ▪ P: 970.945.0832 ▪ E: tim@tgmalloy.com The information included with this letter has been provided to the County in association with prior land use applications and has been reviewed by the County Attorney’s office and found to satisfy the requirements related to mineral ownership and public notice. Please contact me if you have any questions or require any additional information. Regards, Tim Malloy, Principal TG Malloy Consulting, LLC CC: Miriam Berkeley Jared Kerst ATTACHMENTS Exhibit A: Certification of Mineral Owner Research Exhibit B: 2015 Mineral Rights Update, Eric D. McCafferty Exhibit C: 2009 Mineral Assessment Report Update, Rare Earth Science Exhibit D: 2004 Assessment of Mineral Resource Potential, Bio-Logic Environmental Exhibit A Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R .S. § 24-65 .5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owne rs of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq , "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant 's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(l)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of _ I own the entire mineral estate relative to the subject property; or ~ Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): I ackn J wJedge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDc.l 1 i Exhibit B Date: 6/10/2015 Tim Malloy, Principal TG Malloy Consulting, LLC 402 Park Drive Glenwood Springs, CO 81601 Sent Via Email to: tgmalloy@sopris.net Eric D. Mccafferty Compass Mountain Land Use, LLC Post Office Box 86 Glenwood Springs, CO 81602 970.618.0837 RE: Berkeley Mineral Rights Update / Spring Valley Area / Garfield County, CO Hello Tim -Pursuant to our conversation, I have completed the two tasks you requested. 1) I updated the title work provided by Land Title Guarantee, bearing an effective date of 9/17/2010. I found no recorded conveyances from the record owner for any mineral rights. Nor did I find any recorded leases of mineral rights. 2] I have attached the patent for the subject land, identified by you as Parcel A. As you know, the patent reserves all "coal and other minerals" to the United States. I researched the Garfield County Assessor and Clerk and Recorder records for any leases that either entity would track in Sections 33 and 34, Township 6 South, Range 88 West. I found nothing of record. Based on my research, and unless the current owners have any intentions of surface mining, I would concur that, at this time, surface mining occurring on the Lake Springs Ranch property is so remote as to be negligible. If you require anything additional, let me know and I will continue my research. Denver 035641 Hecorded at ?. .25 .P. h. Feb. 26, 1952 tlecertion ii 17~635 .;has. "· Kecr;.in 4.-1007. WP all to wl1mn tlJtDr prtlll'llbl !l~all ro1nr. <6rrdiluJ: Book 263 P&.ge 239 liccorcier WHEREAS. :a Certificate or the Register or the land Olllce al Denv~r, Colorado' bs b~n dopnsilcd In lhe General bnd Offlco, wheneby ii appears lhal. pursuant to the Act of Congress or M:ay 20, 1862, "To Secure Homesteads lo Actual Setclers on the Public Domain," and Ille :ads supplemental thereto, the claim of ClarcnctJ ,Johr,ston bas been eslablished and duly consummated, In conformity to law, for tho, Lots one' six, eleven, twelve, thirLeen, alid fourteen, the northeast quarter of t:1e southeast quarter, a'.ld the no!"tl1east ou2.1·ter of Sect ion thirty-three and the n:1rthr1est quarter of t:ie nurlhwest Quarter; the southwest ~ua.rter, and the south he.If of the nortnm~st quarter of 3ection thirty-four in 'i'o,mship six south of Range ei~hty-eight west of the Sixth Principal Meridian, Colorado, containing six hun,ired forty-three acres an;i sixty-eie;ht hundredths of an acre, :icoording lo the Official Plat of the Su1Yey or Ibo said land, on Iii~ in the GENERA!. LAND OFFICE: IIOW KHOV/ YE, That there Is, therefore, granted by lhe UNITED STATES unto the said clalmant the tract of land above described: TO HA'IE AIIO TO HOLD lhc said tract or bnd, with the appurtenances lhereor, unlo the said claimant and to the heirs and :assigns or lhc s:aid claimant rorl!Yer; ~bJect to any vesled and accnH:d w:ter rii;htl for mining, :ai;ricultural, manufacturing, or other purposes, and rights lo ditches and reservoirs used in connection with !UC~ \Yater rirhllo as ma1 be recognired and acknowlcd,,"ed by the local customs, laws, and dtcisions or courl~; and there is rcs~rvcd frcm lh~ lands hercb7 gf3llted, a right or way tbQreoa for ditches or canals constructed by the authority or the United States, Exccpllng and reserving, however, to the United Stales all t'ie clll!I and other miner.its In !he biids so entered and patented, loiether wilh thn right to prospect fDI', mine. and remove lhe same pursuant lo the provision: and limitations of the Act or December 29, 1916 (39 Stat., 862). RECORDED: Patent Number IN TESTIMONY WHEREOF, I, Herbert Hoover, President of the United Slates or America, have caused these letters ta be made . , Patent, and the saal of tho General Land Office to be hep.unto. alllx,ed, GIVEII under my h:ind, at Iba Cily of \Yasblngton, the i'WHJ·ill day or nine hundred Md In the year or our Lord one thousand and of the Independence of the By lhe President:-:--· ~~~ --· United States the~e lnmdr d rn , 3lJfH: ., _____ ;~-~~-- -Rtffrdu of Iha a-i[i;idait-;i.-- ___..,...._ .-aan. PO Box 4523 * Grand Junction, Colorado 81502-4523 * 970.241.1762 * jim@rareearthscience.com www.rareearthscience.com Rare Earth Science August 24, 2009 Michael Berkeley 4001 County Road 114 Glenwood Springs, Colorado 81601 Re: Rivendell Farm Mineral Assessment Report – 2009 Update Conservation Easement Property (Garfield County, Colorado) Dear Mike: Rare Earth Science, LLC (Rare Earth) has completed a review of potential mineral resources and the possibility of future mining activity at your property located southeast of Glenwood Springs. The property is known as Rivendell Farm, which includes approximately 169 acres of land that have been phased into conservation easements (CEs) between 2004 and 2009. Rare Earth reviewed An Assessment of Mineral Resource Potential report (dated December 28, 2004) prepared by BIO-Logic Environmental for the larger Rivendell Farm (see attached Figure 1), which, at the time, was known as the 438-acre Lake Springs Planned Unit Development. This property encompasses portions of Sections 32, 33 and 34, Township 6 South, Range 88 West (6th Principal Meridian) and Section 4, Township 7 South, Range 88 West (6th Principal Meridian). The 2004-2009 CEs are located in portions of the East ½ of Section 32 and West ½ of Section 33 (see Figure 2). Based upon maps & surveys provided by the Aspen Valley Land Trust and High Country Engineering, Inc., along with Bureau of Land Management (BLM) historical land status records, it appears that the Federal mineral estate was not accurately mapped in the 2004 mineral resource report. Figure 2 depicts the currently-understood boundary for Federal ownership of “all minerals,” which affects a portion of the 2006-2008 CEs. Otherwise, mineral rights at the remainder of the property appear to be privately held. Rare Earth reviewed geologic maps & aerial photographs for the property; State and Federal databases for mining & drilling information (obtained from the Colorado Oil & Gas Conservation Commission [COGCC] and the Colorado Division of Reclamation, Mining and Safety [DRMS]) for the site and surrounding area; and an updated BLM Mineral Management Status Map (Carbondale, 2008). No oil & gas fields are known to underlie the area and no recent, or planned, drilling activity or active oil & gas leases were identified in the COGCC or BLM databases for the property or adjoining lands. Additionally, no on-site or nearby State-permitted mining activities were identified. No mines, prospects, mineralized areas or patented (or unpatented) mining claims Exhibit C Mineral Assessment Report Update – Rivendell Farm Conservation Easement Property August 24, 2009 Page 2 of 2 were identified at the property or adjoining lands, and no veins or lodes are known to intersect the property. This letter serves as a current update to BIO-Logic Environmental’s 2004 mineral resource report, concluding that no significant changes have occurred at the property which would alter the original findings that the probability of surface mining occurring at the Rivendell Farm property is so remote as to be negligible. Please contact me at 970/241-1762 if you require further information.  Sincerely, Rare Earth Science, LLC James C. Armstrong Principal Geologist Attachments •Figure 1 (Overview Map) •Figure 2 (Conservation Easement Parcels & Federal Minerals Map) cc: B. Collins (AVLT) D. Reeder (Rare Earth) DATE: August 2009 CHECKED: J. Armstrong DRAWN: D. Reeder RIVENDELL FARM MINERAL ASSESSMENT REPORT Garfield County, Colorado FIGURE 1 OVERVIEW MAP PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 www.rareearthscience.com USGS 7.5-Minute Topographic Map Garfield County, Colorado Mosaic Approximate Scale 1:14,000 All Locations ApproximateK Rivendell Farm ' ! ' •~R>RE E,R1li Scie,rE D 2004 2005 2008 2009 2006 2007 DATE: August 2009 CHECKED: J. Armstrong DRAWN: D. Reeder RIVENDELL FARM MINERAL ASSESSMENT REPORT Garfield County, Colorado FIGURE 2 CONSERVATION EASEMENT PARCELS & FEDERAL MINERALS PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 www.rareearthscience.com USGS 7.5-Minute Topographic Map Garfield County, Colorado Mosaic Approximate Scale 1:14,000 All Locations ApproximateK Rivendell Farm Conservation easement parcels Federal mineral ownership Federal mineral ownership from BLM's General Land Office, Land Status Records, and Master Title Plat Supplement for Secs. 28, 32, 33, T6S, R88W Exhibit D ( ASSESSMENT OF MINERAL RESOURCE POTENTIAL Prepared For: Michael Berkeley, Manager LAKE SPRINGS PUD GARFIELD, COLORADO December 28, 2004 Berkeley Family Limited Partnership 4001 County Road 114 Glenwood Springs, CO 81601 (970) 945-5432 and Aspen Valley Land Trust 320 Main Street, Suite 204 Carbondale, CO 81623 (970) 963-8440 Prepared By: Lynn Connaughton , Geologist BIO-Logic Environmental 635 East Main Street, Suite 100 Montrose, CO 81401 (970) 240-4374 INTRODUCTION Lake Springs PUD (Planned Unit Development) is located approximately in Spring Valley approximately 5.5 miles north of the Carbondale town center and 5.8 miles south of Glenwood Springs in Garfield County, Colorado. Lake Springs PUD contains approximately 438 acres within an approved subdivision that is yet undeveloped. Lake Springs PUD contains 191 lots within 5 phases. An approximately 40 acre conservation easement is planned on a portion of the Lake Springs PUD (hereafter, the property) in 2004. Other portions of the property may have future conservation easements placed on them in the future . This report examines the mining and mineral potential of all the land within the Lake Springs PUD. As identified in the SLM edition of the Mineral Management Status Map for the Carbondale 1 ° x 2° Quadrangle (1994) approximately 156 acres of land encompassed by the property has mineral rights that are owned by the federal government (Figure 1, Appendix A). The remainder of the property has privately owned mineral rights. A May 2001 Title Commitment does not identify any separation of the mineral estate from the surface estate where the mineral estate is privately owned . The portion of the property having privately owned mineral rights was patented by cash-entry patents by 3 different individuals in 1895. According to patent records the U.S. Government did not reserve the "right of a proprietor of a vein or lode to extract and remove his ore therefrom ... " from any of these lands within the property. The remaining portion of the property having federally owned mineral rights was patented by homestead-stockraising entry in 1931. At the time this patent was granted the U.S. Government reserved the mineral rights to coal and all other minerals, including the right of a proprietor of a vein or lode to extract and remove his ore therefrom ... " This report examines the potential of surface mining to occur on and the potential for a vein or lode to penetrate or intersect the portion of land within the property having federally owned mineral rights. The purpose of this study was to determine if the property is in accordance with federal laws governing the tax deductibility of conservation easements in which the ownership of the surface estate and mineral interests has been separated. The Internal Revenue Code §170(h)(5)(B)(ii) states that for such donations, the conservation purpose will be considered to be perpetually protected if the probability of surface mining on the property is so remote as to negligible . Federal Treasury Regulations 26CFR 1.1 ?0A-14 (g)( 4) further state that a deduction will not be denied in the case of certain methods of mining that may have limited, localized impact on the real property but that are not irremediably destructive of significant conservation interests. The conservation values on the property include productive agricultural land, natural wildlife habitat and vegetation communities, and scenic open space. The purpose of conservation easements placed on the property is to protect these conservation values in perpetuity. Property Location. The Lake Springs PUD property is located in Spring Valley between Landis and Cattle Creeks which are tributaries to the Roaring Fork River located about 2.25 miles west of the property. The property is surrounded by private ranch and residential lands. Public lands administered by the U.S. Bureau of Land Management (BLM) are located between 0.4 and 0 .9 mile east and south of the property. Isolated tracts of public lands administered by the SLM are also located 2 .3 miles north of the property. The White River National Forest begins approximately 3.3 miles north of the property (Figure 1, Appendix A). The property is located in portions of Sections 32, 33, and 34 in Township 6 South, Range 88 West, 6th Principal Meridian and Section 4 in Township 7 South, Range 88 West, 6th Principal Meridian (Figures 1 and 2, Appendix A). The property is reached from Carbondale by traveling north on Colorado State Highway 82 approximately 5 miles to the intersection with Garfield County 114 Road (CMG Road). The southwest boundary of the property lies approximately 3.6 miles northeast on 114 Road about 1 mile BIO-Logic Environme ntal Decem b er 2 8. 20 04 ------------------2 A s s e s s m e nt o'' Mi nera l rt esou r cs Pote nti al: La k e Spri ngs PU f\ northeast of Colorado Mountain College. Alternatively the property can be reached from Glenwood Springs by traveling south on Highway 82 about 3 miles to the intersection with 115 Road (Red Canyon Road). Red Canyon Road contains steep switchbacks that narrow to 1 lane and may be icy in the winter. Travel northeast and southeast on 115 Road approximately 6.2 miles to the intersection with 114 Road. The north property boundary lies on 114 Road approximately 0.1 mile south of the intersection. The midsection of the property is traversed by 119 Road (Kindall Road) and is accessible by other local roads. According to Title Commitments prepared by Land Title Guarantee Company of Glenwood Springs dated October 11, 2004 and Old Republic National Title Insurance Company dated May 25, 2001 the entire property is owned by The Berkeley Family Limited Partnership, A Colorado Limited Partnership . The Title Commitments were provided by staff of the Aspen Valley Land Trust and Attorney John Schenk, legal counsel for The Berkeley Family Limited Partnership and appear in Appendix B. The October 11, 2004 Title Commitment applies to the portion of the property within Lots 5 and 6 of Section 32 and Lots 7-10 of Section 33, Township 6 South, Range 88 West, 6th Principal Meridian where the 2004 Conservation Easement is located in the northeast corner of the property. The May 25, 2001 Title Commitment applies to the entire 438-acre Lake Springs PUD property. Mineral Estate Ownership. The BLM edition of the Mineral Management Status Map for the Carbondale 1 ° x 2° Quadrangle ( 1994) shows that mineral rights of the eastern portion of the property, approximately 156 acres, are owned by the federal government, including the rights to coal, oil and gas, and all other minerals (Figure 1, Appendix A). The mineral rights of t he remaining approximately 282 acres of the property are privately owned . A search of the BLM General Land Office records database (BLM GLO 2004) shows that several cash-entry land patents and one homestead-stockraising entry patent were granted on the lands within the property. A review of the land patent records found that the U.S. Government did not reserve the "right of a proprietor of a vein or lode to extract and remove his ore therefrom ... " on the lands having private mineral estate. The Title Commitments show no division or severance of the privately owned mineral estate. Cash-entry patents were granted to William H. Hubbard, Philip H . Van Cleave and Walter Van Cleave in June 1895. A homestead-stockraising patent was granted to Clarence Johnson in February 1931 (recorded in 1952, Book 263 Page 239). Mr. Johnson homesteaded Lots 1, 6, 11, 12, 13, 14 and the NE¼ SE¼ of Section 33, and the SW¼ Section 34, Township 6 South Range 88 West, 6th Principal Meridian. The lands homesteaded by Mr. Johnson have federal mineral reservations for the rights to coal and all other minerals, as well as a reservation of the "right of a proprietor of a vein or lode to extract and remove his ore therefrom ... " The 2004 Conservation Easement does not intersect any portion of the property having federally owned mineral estate. Investigation Methods. The geology and mineral resource potential of Garfield County and the Carbondale-Glenwood Springs area have been studied by the U.S . Geological Survey, Colorado Geological Survey, Department of Energy, and others. This mineral assessment consisted of a review of published literature including geologic maps, geophysical data, and geochemical data; a review of on-line databases available at the Colorado Oil and Gas Commission website accessed November 1, 2004 (COGCC 2004); a review of pertinent information contained in the Case Recordation Serial Register and LR2000 Database (BLM 2004); a review of databases containing historic and current mining activities produced by the U.S. Geological Survey and Colorado Geological Survey; communication with Aspen Valley Land Trust (AVL T) staff; communication with Michael Berkeley, Manager of The Berkeley Family Limited Partnership; communication with John BfO -Logic Environm ; ital Decen ber 28, 2004 ------3 ( Schenk, legal counsel for The Berkeley Family Limited Partnership; and examination of sketch plans of the Lake Springs PUD provided by AVL T staff and Tim Malloy of TG Malloy Consulting. The author has conducted several recent geologic field studies in the greater Carbondale area in Garfield County and neighboring Pitkin County and is very familiar with the geology and topography of Carbondale and neighboring areas. Field reconnaissance of the property and nearby road cuts surrounding Spring Valley was conducted on December 28, 2004 . An aerial photograph taken September 4, 1993 (Figure 3, Appendix A) was examined for evidence of historic or recent prospecting or mining activities within the property. GEOLOGY Geologic Framework and Structure. The property is located between the Piceance Basin to the west , and uplifts of the White River Plateau, Elk Mountains, and Sawatch Range to the north, south, and east (Map 1 ). • P rado ." dWasb 13 s1n /'_,.. La . Cf)Un ty Denver Basin Map 1: Physiographic/tectonic setting of The Berkeley Family Limited Partnership property (modified from Widmann et al. 2002a). The geologic framework of the region results from a complex history of sedimentation, plutonism, metamorphism, faulting and uplift, and volcanism. The geology of the property is best understood at the regional scale. Appendix D contains a Geologic Time Chart. BIO-L o gic Environmental DecembEr 28, 2004 A"'sessme nt. of Min era l P es o urc e Poientkd: Lak e ::sp r i ngs P UD The geology and landscape of the Carbondale area is dominated by Neogene salt tectonism and salt dissolution resulting in significant deformation of geologic strata. The greater Carbondale area north to Glenwood Springs lies within a massive topographic depression interpreted as a collapse structure formed by the dissolution and flowage of evaporitic rocks that lie at or near the ground surface. The depression is up to 4,000 feet lower in elevation than the surrounding terrain . Within the collapse block are many complex geologic structures unique to salt dissolution and tectonism including synclinal sags, intrusive contacts between sedimentary rock formations , orthogonal fault sets, parallel bedding-plane faults, structural troughs , valley anticlines, collapse debris, thick sediment accumulations, and folded Pleistocene outwash terraces (Kirkham and Widmann 1997, Kirkham et al. 2002). The presence of folded and faulted surficial deposits indicate that the collapse has continued into the Quaternary. Sinkholes and high salinity loads in streams flowing through the Carbondale area are evidence of ongoing dissolution. The western margin of the Carbondale collapse center is the Grand Hogback Monocline . The property is located about 3.6 miles east of the axis of the Cattle Creek anticline and 5.3 miles east of the axis of the Grand Hogback Monocline, both major folds dating to the Laramide Orogeny . The Grand Hogback Monocline is a down-to-the-west fold that developed in during the later part of the Laramide Orogeny. The portion of the fold that is suspected of Quaternary movement stretches from Thompson Creek north to Glenwood Springs . The Monocline is underlain by evaporate deposits believed to be up to 4 ,000 feet thick and the most recent movement along the fold and related faults is suspected to be related to migrating or dissolving evaporates and possibly a relaxing of the monocline fold . There are numerous Quaternary northwest trending faults mapped parallel to the Grand Hogback Monocline . North of Carbondale is a series of faults mapped in Heuschkel Park, a synclinal sag . Another series of faults known as the Spring Valley faults and Red Canyon faults exist around Spring Valley, which is modeled as a graben or half-graben structure (Kirkham et al. 2002). The Red Canyon and Spring Valley faults offset Miocene volcanic rocks and Quaternary deposits within Spring Valley and are related to salt tectonism within the Carbondale collapse center. The Red Canyon Faults are located along the northern margin of the Carbondale collapse center, a large late Cenozoic structural depression created by the flowage and dissolution of underlying Pennsylvanian evaporitic rocks. The Carbondale collapse center is a large depression from the lower slopes of Mount Sopris north to Glenwood Springs . It is bounded on the east by the Basalt Mountain Fault. Within the Carbondale collapse center are several other folds and faults including the Cattle Creek Anticline which all have the potential for movement due to salt tectonism and dissolution of the several thousand feet of evaporates underlying the center (Widmann et al. 2002b ). The property lies between 6,920 and 7,320 feet elevation (Figure 2, Appendix A). The property encompasses rolling hills and valley floor of Spring Valley . Spring Valley is a long basin extending nearly 3.7 miles that lies east of the Roaring Fork valley and is about 1,000 feet in elevation above the Roaring Fork River . Kirkham et al. (2002) report that when early settlers homesteaded in the area Spring Valley was a closed depression containing a lake. The lake was drained by a hand-dug drain ditch at the north end of the valley in order to convert the lake bed to agricultural land . Primary soil units mapped by the Soil Conservation Service (SCS1984) on the property include Empedrado loam consisting of clay loam ; Kilgore silt loam described as poorly drained , very gravelly sandy loam to loamy sand; Morvall-Tridell complex consisting of loam to stony loam formed in basalt-derived alluvium; Showater-Morvall complex consisting of cobbly clay loam to clay formed in B/O-l.ogic En v ironmental December 28, 200 4 5 basalt-derived alluvium with a very stony surface; and Forelle loam consisting of loam to clay loam. Geologic Units. The near surface rocks of the property range in age from about 22.5 million years old to Quaternary alluvium. Perhaps 800 to 2,000 or more feet below the surface lie Permian and Pennsylvanian rock units that are between 240 and 300 million years old (Kirkham 2002). According to geologic maps of the Carbondale and Glenwood Springs Quadrangles (Kirkham and Widmann 1997, Kirkham et al. 1997) and geologic cross -sections of Spring Valley (Kirkham et al. 2002) the surface geology of the property is comprised of unconsolidated Quaternary landslide deposits, and Quaternary alluvium, colluvium, and lacustrine deposits overlying Miocene volcanic rocks comprised of basalt. The Quaternary deposits may be 800 to over 2 ,000 feet thick and overlie Miocene basaltic rocks and/or Pennsylvanian/Permian Maroon Formation , and Pennsylvanian Eagle Valley Formation and Eagle Valley Evaporite. The Quaternary landslide deposits consist of unstratified and unsorted clay, silt, sand, gravel and boulders . The landslide deposits contain abundant basalt boulders and a clay matrix. Landslide deposits in the Carbondale and Glenwood Springs Quadrangles range in age from active to long-inactive. The Quaternary alluvium and colluvium deposits consist of undivided unconsolidated deposits variably sorted sandy silt, gravel, and clay deposited on old ridges or terraces by drainages, gravity, or sheetwash. Within the central portion of Spring Valley the unconsolidated deposits also contain lacustrine deposits, typically varved layers of silt with sand. The unconsolidated deposits are underlain by Miocene volcanics, or Permian to Pennsylvanian bedrock . The Miocene volcanics consist of multiple basalt flows that may be rich in olivine. Dating of samples within the Carbondale and Glenwood Springs Quadrangles found flows ranged in age from 8 to 22 million years old. Flows at the north end of Spring Valley dated 22 million years old (Kirkham et al. 1997, Kirkham and Widmann 1997). The Maroon Formation consists of reddish arkosic sandstone and conglomerate which forms striking redbeds throughout the area. Debris flows and rockfall are common in areas where this unit outcrops at the surface. The Eagle Valley Formation consists of interbedded reddish to gray gypsyferous sandstone, gypsum and carbonate rocks . This unit contains rocks of the overlying Maroon Formation and underlying Eagle Valley Evaporite . In the Carbondale-Glenwood Springs area this unit is often deformed by salt flowage of evaporates in the underlying unit and subsidence and sinkholes are possible . The Eagle Valley Evaporite consists of an alternating sequence of gypsum, anhydrite, halite, mudstone, sandstone, limestone, and sha le. There are economic gypsum and halite resources within the Eagle Valley Evaporite. The unit is often deformed from folds, faults , diapirism , salt flowage and dissolution, and related subsidence. Areas within the Eagle Valley Formation and the Eagle Valley Evaporite are susceptible to collapse, sink holes, compaction, piping, and corrosivity (Streufert 1999). MINING HISTORY No notable mines or prospecting features such as trenches or pits, or active or inactive mines are visible on the property or are believed to have ever occurred within the property (Vanderwilt 1947, Del Rio 1960, Day et al. 1999, BLM 2004 , Carroll and Bauer 2002). The property is not within a metal mining district or mineral resource area (Vanderwilt 1947 , CGS and USGS 1977, Wray 2002, Carroll 2002, Del Rio 1960). The property is located approximately 5.8 miles east of the Piceance Basin which contains the Uinta Coal Region . Numerous historic coal mines are located on the eastern margin of the Uinta Coal Region and targeted coal beds within the upper Cretaceous Mesaverde Group (Carroll and Bauer 2002). BIO-Logic Environmen ta l December 28 , 2004 -------------6 Assessmen of M i11e r al Re s o urc e Potential : Lake Spri n gs P UD The nearest federally leased land for oil or gas development is approximately 7.4 miles west of the property, and the nearest producing gas or oil well is more than 15 miles west of the property (BLM 2004, COGCC 2004). The nearest non-producing oil or gas wells lies about than 2.7 miles south of the property. Other non-producing wells are located between 6 and 10 miles south and west of the property. Over 900 acres having federal mineral estate and located approximately 0.5 miles west of the property was previously leased from 1982 to 1992 by major national gas and oil companies (BLM 2004 ). No oil or gas exploration or extraction is known to have occurred on or near the property . The nearest mining operations are active and former gravel and borrow pits located along the upper and lower terraces of the Roaring Fork. The nearest are an inactive borrow pit and an i nactive small gravel pit river within 1.6 to 2.3 miles west and southwest of the property (Figure 5, Appendix A). There are no sand and gravel pits or quarries located near or on the property , in Spring Valley, o r in areas with similar geology (Kirkham and W idmann 1997, Keller et al. 2002). LOCATABLE MINERAL RESOURCES Numerous metallic minerals may occur as veins or lodes . Most metallic minerals fall into the category of Locatable Minerals which includes all minerals subject to exploration, development, and production under the 1872 Mining Law. This includes most metals such as gold, silver, lead , zinc, and copper, and industrial minerals . Base and precious metals have been mined in Colorado from several main types of deposits . None of the following types of deposits occur on or near the property: vein deposits in steeply-dipping metasedimentary rocks ; masses of pyritized sedimentary rock and rhyolite dikes ; contact metamorphic deposits with massive magnetite, iron-copper sulfides, and gold; high-grade quartz- sulfide veins hosted predominantly by Proterozoic granitic and metamorphic rocks; pegmatite bodies; stratabound massive sulfide deposits; and Pre-metamorphic quartz veins with gold- chalcopyrite mineralization (Taylor et al. 1984, Van Loenen and Gibbons 1997). The geology on the property is unfavorable for any type of base or precious metal deposits due to unfavorable geology. A search of BLM records found that no active mining claims exist in Townships 6 or 7 South, Range 88 West and there are no nearby claims that would have any potential for a vein or lode to penetrate the property {BLM 2004). Some closed placer and lode claims located between Colorado Mountain College and the Roaring Fork River were claimed but were closed within a couple years. No mines of locatable mineral resources were identified in the vicinity of the property (BLM 2004, Keller et al. 2002 , BLM 2004, Vanderwilt 1947, Del Rio 1960). Gold can be mined from placer deposits within water courses downstream of gold-bearing strata . No productive or valid historic placer claims are known to exist on Cattle or Landis Creeks (Vanderwilt 1947, Del Rio 1960, BLM 2004). There are no mineralized areas known within the watersheds of these creeks. Therefore the potential for economic placer deposits to be discovered on the property is low. Very small amounts gold are potentially present within the Cretaceous Mancos Shale which is absent from the property . Uranium and vanadium occur in the region within Jurassic Morrison and Entrada formations along the Grand Hogback monocline north of Rifle . Uranium is also known to occur in volcanic deposits in hydrothermally altered areas or areas near mineralized rhyolitic intrusions with disseminated deposits. Potential uranium-bearing volcanic rocks have not been BIO-Logic Environmentai Dec em • er 28. 20 04 -----·----------------7 found near the property and are not expected to occur here. The property is not within an area shown to have economic uranium reserves (CGS and USGS 1977). There is no uranium potential on the property due to unfavorable geology. In the Glenwood Springs and Shoshone Quadrangles north and northwest of the property, lead and zinc minerals occurring with minor copper and silver have been located in rocks of the Devonian Chaffee Group and Mississippian Leadville Limestone (Kirkham et al. 1997, Kirkham et al. 1995). The Colorado Geological Survey reports that there may be similar deposits of lead -zinc-silver mineralization within the Glenwood Springs area but that if they do exist they are expected to be subeconomic (Kirkham et al. 1997). The host formations are rocks of the Chaffee Group and the Leadville Limestone. These formations, if present under the property , are believed to be more than 4 ,000 feet below the ground surface in the vicinity of the property (Kirkham et al. 2002). If any mineralization were present, the depth to the host rocks would prohibit any mining of these resources. LEASABLE MINERAL RESOURCES Oil, gas, oil shale , potash, sodium , native asphalt, bituminous rocks, and phosphate coal are regulated by the Mineral Leasing Act of 1920, which excluded them from the General Mining Law of 1872. Geothermal energy was added to the list of leasable minerals by the Geothermal Steam Act of 1970. Regional rock formations having the potential to harbor leasable minerals include the Mesaverde Group, other Cretaceous sandstone and shale , and gypsum-bearing Pennsylvanian- Perm ian sedimentary rocks. The property does not have any mineral potential for oil shale due to unfavorable geology. The property is not near an oil or gas field or within an area known to contain coal , oil , gas, oil shale, geothermal energy, or uranium (USGS and CGS 1977, Wray et al. 2002 , Keller and Hemborg 2000). Gypsum and halite . The Eagle Valley Evaporite contains gypsum and halite that have been found to economically exploitable near Gypsum , Colorado . The potential for economic gypsum production is closely tied to proximity to a wallboard production plant. Centex Construction Products operates the gypsum mine and wallboard plant in Gypsum (Widmann and TerBest 2002). There is an enormous deposit more than 900 feet-thick of halite at depth within the Eagle Valley Evaporite formation in the Carbondale area where the unit has been thickened by the Cattle Creek anticline structure (Kirkham and Widmann 1997, Kirkham et al. 2002). The Eagle Valley Evaporite unit is believed to be presen t at a depth of more than 1,600 feet below the property (Kirkham et al. 2002). Based on the depth to the formation and the presence of extremely thick economic halite resources of excellent quality located near the ground surface elsewhere in the Carbondale-Gypsum area it is remote that a gypsum or halite mine would be located on the property . Oil, gas, and hydrocarbons. The property is located east of the Piceance Basin within an area that does not have any active federal oil or gas leases and that has few wildcat wells drilled . Oil and gas in Pitkin , Mesa , and Garfield Counties are extracted primarily from upper Cretaceous rocks including the Cozzette and Corcoran Sandstones , Rollins Sandstone and Williams Fork Formation of the Mesaverde Group and less often the lower Cretaceous Dakota Sandstone and older units (Keller and Hemborg 2000 , Widmann et al. 2002a , Wray 2002). Also coal bed methane gas is being produced from the Williams Fork Formation of the Cretaceous Mesaverde Group . The property lies within Quaternary landslide deposits and Tertiary volcanics which overlie Permian to Pennsylvanian sedimentary rocks at depth . There are no existing records of production of oil , gas , oil shale, potash, sodium , aspha lt , bitum inous 8 -------------------------------·------- BIO -L ogic Enviro n m en t a l D e cem b er 28, 20 04 .A.ssess ment of Mi n era l Reso urce Po t e ntial: Lake S p ri ngs PUD rock, and phosphate on or near the property or the nearby areas with similar geology. The necessary conditions for hydrocarbon accumulation are presence of porous reservoir rocks , rich source of hydrocarbon, confining layer or impermeable seal to trap hydrocarbons, and favorable thermal history. Favorable geologic conditions do not appear to exist on the property. The nearest producing fields are more than 10 miles west of the property within the Piceance Basin (USGS and CGS 1977, Wray et al. 2002, Keller and Hemborg 2000). According to the BLM Case Recordation (LIVE) Serial Register (2004) [oil and gas lease database], the nearest properties having federally owned mineral estates that are currently under oil and gas lease are more than 7 miles west of the property. There are large areas of lands having federal mineral estate adjacent to the property that are not leased ; the unleased areas are also not within the Piceance Basin and Uinta Coal Basin. Over 900 acres of land having federal mineral estate located approximately 0.5 mile west of the property was leased by major oil and gas companies from 1982 to 1992. The land is mostly east of the Piceance Basin and has not been leased since . This shows a lack of interest by the oil and gas industry in the area proximal to the property located outside of the Piceance Basin . The nearest drilled well is approximately 2.7 miles southwest of the property. This wildcat well was described by Kirkham and Widmann (1997) and targeted the Leadville Limestone and Dyer Dolomite below the Eagle Valley Evaporite. The well did not produce oil or gas and was abandoned . The nearest currently producing well is more than 15 miles west of the property. The producing well is located within an area considered to have high oil and gas potential within the Piceance Basin . Coal and coal bed methane. Pitkin and Garfield Counties contain numerous small inactive coal mines, all located within the Uinta Coal Basin from rocks of the Cretaceous Williams Fork Formation in the upper Mesaverde Group. Most mines were limited producers for brief periods between the 1880s and the 1960s while a few produced coal into the 1980s. The nearest significant coal mines, none still producing, are located in Coal Basin more than 12 miles southwest of the property within the members of the Mesaverde Group (Carroll and Bauer 2002). Similar to coal, coal bed methane is extracted from the Bowie Shale Member which includes the Cameo-Wheeler-Fairfield coal zone and the Paonia Shale Membe r of the Williams Fork Formation (Kirkham et al. 1996, Tremain 1984). The rocks of the Mesaverde Group are not present on or below the property and the property is located east of the Uinta Coal Basin. Subeconomic coal is also potentially present in thin discontinuous beds within the Cretaceous Dakota Formation below the Cretaceous Mancos Shale . Coal beds within the Dakota Formation have been mined on a small scale mostly for use by individual landowners for residential heating (Brown 1989). No Cretaceous rock formations are present on the property. The property has unfavorable geology for coal or coal bed methane resources. Geothermal resources. Geothermal resources including steam and hot water are found in fractured permeable rocks associated with igneous intrusions or high regional geothermal gradients. Geothermal resources have been successfully developed generally where very recent volcanism or igneous intrusive activity has occurred, and where permeable rocks have an impermeable cap that allows heat and pressure to build so that steam can be harvested . No evidence of geothermal deposits is apparent on the property, and there are no known thermal wells, springs, or seeps on or adjacent to the property . The property is not mapped any area of significant energy resources (Barrett and Pearl 1978, USGS and CGS 1977) however there are 3 sets of hot springs located along the Colorado River between 6 and 10 miles northwest, north, and northeast of the property. These hot springs flow adjacent to and in the Colorado River bed in Glenwood Springs, at the mouth of South Canyon Creek west of Glenwood Springs , and Dotsero. The springs are related to deep circulation of water within major fault systems . They are part of a group of hot springs also including Steamboat Springs , and thermal wells reported in Yampa and between Steamboat Springs and B IO -Log i c En v iro nmenta l Decemb er 28, 200 4 )\ssessment of \liin eral R eso u rce Potentia l : Lake Springs P UD Craig, that occur around the White River Uplift. A series of hot seeps and springs known as Penny Hot Springs is located about 2 miles north of Redstone where hot water emerges from numerous springs and seeps within the Crystal River alluvium above the Pennsylvanian Maroon Formation . They are believed to be associated with faults and fractures of the Bulldog Stock, an igneous intrusive body at the edge of the Crystal River valley (Barrett and Pearl 1978). The geologically recent igneous activity within the region makes it possible that a high geothermal gradient may persist in the vicinity of the property. Geothermal resources are exploited by subsurface mining methods (wells). The possibility of surface mining of any geothermal resources on the property is remote. Due to unfavorable geology, the property has little to no mineral potential for leasable minerals including oil shale, potash, sodium, native asphalt, coal, or coal bed methane. It is uncertain what potential if any exists for geothermal energy, oil, or gas which are all extracted by subsurface mining methods. Geologic potential exists for gypsum and halite, but these resources would be present more than 1,500 feet below the property at a depth too great for extraction by surface mining methods. SALABLE MINERAL RESOURCES Salable minerals include petrified wood , common sand and gravel, sandstone or igneous dimension stone, pumice, volcanic cinders (including scoria), high calcium or high grade limestone, and select types of clay. Marble is usually classified as a salable mineral. Salable minerals on lands having federal mineral estate must be purchased from the U.S. Government, and are regulated by the Federal Materials Act of 1947 and the Multiple Surface Use Act of 1955. Most salable minerals have low unit values per short ton and require easy access to transportation and local markets to be profitably exploited . However, marble of exceptional quality may be profitably mined despite transportation costs . The property has unfavorable geology for clay, dimension stone, limestone, marble, gypsum, and salt, all of which have value as industrial or construction materials . These resources exist in geologic un its that are either not found on or under the property, or in the case of gypsum and salt occur at depths too great for economic recovery by surface mining methods (Dunrud et al. 1989, Ellis 1987, Vanderwilt 1947, Del Rio 1960). High calcium limestone is mined from Leadville Limestone exposed north of Glenwood Springs and in the north half of the Glenwood Springs Quadrangle where can be chemically pure and mined as metallurgical grade limestone (Kirkham et al. 1997). If present, the Leadville Limestone is several thousand feet below the ground surface in the vicinity of the property at a depth too great for surface mining. Scoriaceous basalt is mined from the 4 ,000-year-old volcanic rocks of the Dotsero crater. The basalt is crushed for use as a filler in cinder blocks , road cinders, and landscaping aggregate . Pumice and cinders are mined from Tertiary basalt and cinders on the north side of Cottonwood Creek approximately 5.9 miles east of the property. The McNulty quarry has been permitted since 1978 and exists on lands having both prjvate surface and mineral estate . The quarry exploits scoriaceous cinder deposits exposed in a cinder cone remnant. Although basalt outcrops on the property, it is unlikely that a similar quarry operation could be located on the property. No cinder cone deposits similar to those at the McNulty quarry have been mapped on or near the Lake Springs PUD property. Quaternary alluvium, colluvium, and glacial till deposits are potential sources of sand and gravel. BIO-Logic En vironmentai Decemb er 28, 2004 A ssessme nt OT 1v1m era1 Fi eso urce r u u::nrn,u; L a l\.t: v.1J i 11 1~"' ru u The Quaternary landslide and colluvial deposits mapped on much of the property are also considered to be a source of sand and gravel (Kirkham and Widmann 1997, Kirkham et al. 1997, Streufert 1999). The unconsolidated deposits can be up to 1,300 feet thick in the vicinity of the property. There are no current or historic sand or gravel quarries located in vicinity of the property having similar geology (Keller et al. 2002). Numerous sand and gravel quarries exist in the Crystal and Roaring Fork Rivers and on young and old river terraces adjacent to major county roads and state highways near Carbondale . A couple sand and gravel quarries have historically existed near the McNulty cinder quarries several miles east of the property. These quarries apparently exploited sand and gravel deposited on old terraces of Cottonwood Creek . Most of the soils mapped on the property and in areas with similar geology by the Soil Conservation Service (SCS 1977, SCS 1984) contain too large a percentage of clay and fines to be usable as a sand and gravel resource . The soils mapped in central portion of Spring Valley including the irrigated portion of the property contain much less fines and little clay compared to the soil units mapped on the rest of the property. The Kilgore soils mapped in the western irrigated portion of the property are generally considered acceptable for use as a sand and gravel resource. However, extens ive clean sand and gravel resources are readily available in alluvial terrace deposits closer to population centers throughout the Carbondale-Glenwood Springs area. The Kilgore soils are only mapped on the portion of the property having privately owned mineral rights that have not been severed from the surface rights. Sand and gravel, cinder, and other salable resources are considered to be part of the mineral estate where federally owned and managed by the BLM. If geologic potential exists it would be very difficult to have an economically viable sand, gravel, or cinder operation where the m ineral rights are severed from the surface estate. The cost of reimbursing the surface estate owner for damages to the surface estate would severely impact any operation. The BLM has not historically permitted a salable mineral mine on land having a federal mineral estate but a privately owned surface estate . Due to the above described geologic and econom ic factors it is improbable that any salable resources would be mined from the property. SUMMARY This study determined that the portion of the Lake Springs PUD property having severed mineral rights has low to no mineral potential for locatable minerals or minerals occurring as a vein or lode including gold, silver, base metals , sulphur, uranium , vanadium, and thorium . There are no patented mining claims on veins or lodes that could potentially intersect the property. The property has little to no mineral potential for leasable minerals including coal, coal bed methane , oil shale, potash, native asphalt, or bituminous rocks due to unfavorable geology. The property has potential for gypsum and halite which may be present more than a thousand feet below the property within the Eagle Valley Evaporite . If present these resources are at too great a depth to be exploited through surface mining methods. It is unknown what potential for geothermal energy, oil , or gas resources exists on the property. The property is within an area that experienced recent igneous activity and may have an elevated geothermal gradient. Hot springs are present between Canyon Creek west of Glenwood Springs, in Glenwood Springs, and Dotsero along the Colorado River. Geothermal, oil, and gas resources are exploited by subsurface mining methods . The property has little to no mineral potential for salable minerals including dimension stone, limestone, marble , petrified wood, refractory brick clay, or other salable minerals due to unfavorable geology. The has low potential for sand and gravel, pumice, scoria , and volcanic cinders, but due to the presence of abundant highly accessible, higher-quality resources in other areas of the Crystal- Roaring Fork valley region; and due to the federal ownership of the split mineral estate the possibility B/O--L ogic En vir o n m en t al December 28, 2004 --------11 Assessment of M in e ra l eso u r c c Pot ential: La k e S prings P UD of an economic sand and gravel operation is remote. CONCLUSION Based on the geologic and economic factors described above and the lack of historic mining claims or mineral extraction operations in the vicinity of property and in nearby areas with similar geology, the probability of surface mining on any portion of the property is so remote as to be negligible . --------------------------------------B IO -Lr gic E nvironmental December 28, 2004 12 ( BIBLIOGRAPHY Brown, 5.D. 1989. In Armbrul:itmacher, T .J ., H .N. Barton, D .M. Kulik , and K.Lee. Mineral Resources of the Gunnison Gorge Wilderness Study Area, Montrose and Delta Counties, Colorado. U.S. Geological Survey, Denver, Bulletin 1715. 14 pages and plate. Carroll, C.J., and M.A. Bauer. 2002. Historic Coal Mines of Colorado . Colorado Geological Survey (CGS), Denver, Colo., Information Series 64. CD-ROM. Colorado Oil & Gas Conservation Commission (COGCCC). 2004. Live Queries Colorado Oil and Gas Information System (COCGIS). Online database: http://oil- gas.state.co .us/?main src=infosys/LiveQuery.html. Accessed November 1, 2004. Day, W.C., G.N. Green, D.H. Knepper, Jr., and R.C. F?hillips. 1999. Spatial Geologic Data Model for the Gunnison , Grand Mesa, Uncompahgre National Forests Mineral Resource Assessment Area, Southwestern Colorado and Digital Data for the Leadvi lle, Montrose, Durango, and Colorado Parts of the Grand Junction, Moab, and Cortez 1°x2° Geologic Maps. U.S. Geological Survey (USGS), Denver, Colo., Open-File Report OF-99-427 . CD-ROM. Del Rio, S.M. 1960. Mineral Resources of Colorado, First Sequel. State of Colorado Mineral Resources Board , Denver, Colo. 764 pages with plates. F.M. Fox and Associates. 1974. Roaring Fork and Crystal Valleys : An Environmental and Engineering Geology Study, Eagle, Garfield , Gunnison, and Pitkin Counties , Colorado . Colorado Geological Survey (CGS), Denver, Colo., Report EG-08. 1: 48 ,000. Keller, J.W., and H. T. Hemborg. 2000 . Evaluation of Mineral and Mineral Fuel Potential of Lands Administered by the Colorado State Land Boa.rd in Chaffee, Gunnison, Lake, and Pitkin Counties. Colorado Geologic Survey (CGS), Denver, Colo., Open-file Report 00-006. CD-ROM. Keller, J.W., R.C. Phillips, K. Morgan . 2002 . Digital Inventory of Industrial Mineral Mines and Mine Permit Locations in Colorado . Colorado Geological Survey (CGS), Denver, Colo., Information Series 62. CD-ROM. Kirkham, R.M. and B.L. Widmann. 1997. Geologic Map of the Carbondale Quadrangle, Garfield County , Colorado . Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo ., Open-File Report 97-3, 1:24,000. Kirkham, R.M., R.K. Streufert, and J.A. Cappa 1995. Geologic Map of the Shoshone Quadrangle, Garfield County, Colorado . Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo., Open-File Report 95-4 , 1 :24,000. Kirkham, R.M., R.K. Streufert, and J.A. Cappa. 1997. Geologic Map of the Glenwood Springs Quadrangle, Garfield County, Colorado. Description of Map Units , Economic Geology, Geochemical Analyses , and References. Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo., Map Series 31, 1 :24,000. Kirkham, RM., R.K. Streufert, H.T. Hemborg, and P.L. Stelling. 1996. Geologic Map of the Cattle Creek Quadrangle, Garfield County, Colorado. Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo., Open-File Report 96-1, 1 :24,000 . ------------------------------------- BfO-Lo9i,; Envi ronmental December 28. 2004 13 Ass e ssme nt o f Mi n eral Re sour ce P otential : Lake S p ri ng s P UD Kirkham, R.M., R.K. Streufert, M.J. Kunk , J.R. Budahn, M.R . Hudson, and W.J. Perry, Jr. 2002 . Evaporite Tectonism in the lower Roaring Fork River Valley , West-Central Colorado , in Kirkham , R.M ., R.B . Scott, and T .W. Judkins , eds., Late Cenozoic Evaporite Tectonism and Volcanism in West-Central Colorado. Geological Society of America , Boulder, Colo., Special Paper 366. Pages 73-99. Soil Conservation Service (SCS). 1984. Soil Survey of Aspen-Gypsum Area , Colorado, Parts of Garfield and Mesa Counties . USDA Natural Resources Conservation Service (formerly SCS), Denver, Colo. Soil Conservation Service (SCS). 1977. Soil Survey of Rifle Area, Colorado , Parts of Eagle, Garfield , and Pitkin Counties . USDA Natura l Resources Conservation Service (formerly SCS), Denver, Colo . Soule, J.M. and B.K. Stover. 1985 . Surficial Geology, Geomorphology, and General Engineering Geology of Parts of the Colorado River Valley, Roaring Fork River Valley, and Adjacent Areas, Garfield County, Colorado. Department of Natural Resources Colorado Geological Survey (CGS), Denver, Colo ., Open-File Report 85-1, 1 :50,000 . Streufert, R.K . 1999. Geologic Map of the Mount Sopris Quadrangle, Garfield and Pitk in Counties , Colorado . Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo., Open-File Report 99-7 , 1 :24,000 . Streufert , R.K , R.M. Kirkham, B.L. Widmann, and T.J. Schroeder, II. 1997. Geolog ic Map of the Cottonwood Pass Quadrangle, Eagle and Garfield Counties , Colorado . Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo ., Open-File Report 97-4, 1 :24 ,000. Taylor, R.B., R.J . Stoneman, S.P. Marsh, and J.S . Dersch. 1984. An Assessment of the Mineral Resource Potential of the San Isabel National Forest, South-Central Colorado . U.S . Geological Survey, Denver, Colo ., Bulletin 1638. 42 pages with plates. Tremain, C.M. 1984. Coal Bed Methane Resources of Colorado . Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo., Map , 1 :500 ,000. U.S. Department of the Interior Bureau of Land Management (BLM) General Land Office (GLO). 2004. Land Patent Search . Online database at www.gl o records.blm.gov/PatentSearch /Default.a s p? Accessed December 20 , 2004 . U.S. Department of the Interior Bureau of Land Management (BLM) Geocommunicator Land and Mineral Use Records Online Mapping Utility. 2004. Online at www.geocommunicator.gov/Geocomm /landmin/h ome/index.html. Utility uses LR2000 database also available at www.blm.gov/lr2 000 . Accessed December 20, 2004 . U.S. Department of the Interior Bureau of Land Management (BLM). 2004 . Case Recordation (LIVE) Serial Register [oil and gas lease database]. Accessed at Montrose Field Office, Colorado on December 20, 2004. U.S. Geological Survey (USGS) and Colorado Geological Survey (CGS). 1977. Energy Resources Map of Colorado . U.S. Geological Survey, Denver, Colo ., Map 1-1039 , 1 :500 ,000 . U.S . Geological Survey. 1997. A Manual for Interpreting New-Format NURE HSSR Data Files. ----------~--------------------------- BIO-L ogic Environ mental Dec ern b er 28, 20 04 14 ( As se ssme nt of Mineral Re s o urce Poten tial: L a!ce :s p rin g s 1-'Li U U.S. Geological Survey, Denver, Colo., Open-File Report OF 97-492. Online text and database: http://geology.er. usgs. gov/pub/open -file-reports/ofr-97 -0492. Van Loenen, R.E., and A.B. Gibbons. 1997. Mineral Resource Potential and Geology of the San Juan National Forest, Colorado . U .S. Geological Survey, Denver, Colo., Bulletin 2127 . 140 pages with plates . Vanderwilt, J.W. 1947. Mineral Resources of Colorado . State of Colorado Mineral Resources Board, Denver, Colo. 547 pages with plates. Widmann, B.L, H. TerBest, and R.E. Garrison. 2002a . Evaluation of mineral and mineral fuel potential of Rio Blanco, Delta, Mesa , San Miguel and Ouray Counties state mineral lands administered by the Colorado State Land Board . Colorado Geological Survey, Denver, Colo., Open - File Report 02-18 . CD-ROM . Widmann, B.L, R.M. Kirkham, M.L Morgan, and W .P Rogers, with contributions by Crone, A.J ., 5 .F. Personius, and K.I. Kelson, and G/S and Web design by Morgan , K.5., G.R. Pattyn, and R.C. Phillips . 2002b. Colorado Late Cenozoic Fault and Fold Database and Internet Map Server: Colorado Geological Survey Information Series 60a . Wilson, A.B., G.T. Spanski, M.J. Crane, and M.D. Woodard. 2000. Databases and Spatial Data Model for Mineralized Areas, Mines, and Prospects in the Grand Mesa, Uncompahgre, and Gunnison (GMUG) National Forests , Colorado . U.S. Geological Survey (USGS), Denver, Colo., Open-File Report 00-298 . CD-ROM . Wray, LL, A.O. Apeland, H.T. Hemborg, and Cheryl A. Brchan. 2002 . Oil & Gas Fields Map of Colorado . Colorado Geological Survey (CGS), Denver, Colo., Map MS-33, 1 :500 ,000 . BJO -L o gic En v i r o nmen ta l Dece mbet 2 8 2004 15 A sse ss m e nt o r llil m era; ~esoun,;e n .. nenua,. L cmt:: ..:.p11 11~::, ,-u u LIST OF PREPARERS Project Manager and Geologist was Lynn Connaughton . Ms . Connaughton has a Bachelor's degree in Geology from Western State College , CO , with additional coursework in groundwater hydrology from Colorado School of Mines , and wetland ecology and botany from Rocky Mountain B iolog ical Laboratory, CO . She has completed the 38-Hour Army Corps of Engineers Wetland Delineation & Management Training Program and has additional training in GIS systems and remote sensing data analysis. Ms . Connaugh ton has over 7 years experience in field geology, hydrology , ahd soils analysis. Ms. Connaughton was formerly a geologist and hydrologist for the U.S . Geological Survey groundwater monitoring program at the Rocky Mountain Arsenal near Denver. Ms . Connaughton was formerly a soil scientist and geologist at Buckhorn Geotech in Montrose , where she performed geological hazard analysis , soil and hydrological analysis , wetland delineations , and managed the soil analysis laboratory. Ms. Connaughton assisted the NRCS in Montrose with the Ridgwqy Area soil survey. Ms. Connaughton has iden t ified geological , hydrolog ical , soil features and environmental hazards for dozens of conservation easement baseline inventory reports . She has also studied acid drainage in the San Juan Mountains with the U .S. Geological Survey and the U.S . Bureau of Land Management, and performed field investigations of inactive mine physical characteristics and hydrology for the U.S . Bureau of Land Management in southwestern Colorado. She has taught Physical Geology at the Mesa State College extension in Montrose , Colorado . Senior Technical Reviewer was Steve Boyle , Senior Biologist at BIO-Logic Environmental. Mr. Boyle holds a Master's degree in Wildlife Biology (Colorado State University, 1981) and has 23 yea rs of experience in bio logical assessments, natural resource planning, and surveys for threatened and endangered species in the western U.S. and overseas. He has carried out more than thirty Biological Assessments , Environmental Assessments , and Environmental Impact Statements, and prepared over 70 Baseline Inventory Reports for Conservation Easements in Colorado and New Mexico . Mr. Boyle has been the Princ ipal Investigator for funded research on pronghorn , feral horses , bats , and songbirds, and has wide-ranging field experience investigating t he biology of spotted owls, kit fox , mule deer, elk, bighorn sheep, wild turkey , and desert tortoises . He has conducted western Colorado bird surveys , val idated theoretical models linking vertebrate species distributions to hab itat characteristics for the Colorado Gap Analysis Project, and co-autho red the Colorado Breeding Bird Atlas. Mr. Boyle was formerly District Wildlife Manager for the Colorado Division of Wildlife, Research Technician for the U.S . Fish and Wildlife Service, Research Associate of the Department of Fishery and Wildlife Biology, Colorado State University, and has held research appo intments with the U.S . Bureau of Land Management in Oregon and B irds Australia in Western Australia . B IO-Logi c Environ m en tal D ecemb er 28 , 2004 16 APPENDIX A: FIGURES 17 -------------------------------------------B 1O -Logic E n v ironmentai December 28, 2004 Source : BLM 1 :100,000 Mineral Management Status Mapi Carbondale (1994) and Glenwood Springs (1999) :~~~::,<=~... . . . . CJ ~~=~~~-~~---El Ndio,ul Fao,t . . . . . . . . . . . . D f,1(11'0,01 G,ass,bnd:-• • •••• • • • • · · 8 NLCK:>nDJ Parks an-d Monumanl.s. . . . . . , . lndan u,,n(is or RaseMltens. .. , . . . . . . . .. ~:?d~~-~w~~ .... El VWdl o Rdugcn . . . . . . , . . . . . B ~~~~~·-~--... ~ Tornn,oo Vanoy AlJhorify . -.. , . B Pm•rUd Ull"l<k:....... . . • ... q• .. D Sbu,l...ond, ·-· •••• •••••••••••• •• D !(t;.sf..4L5 O"fliJ:ll 3i rn, rrn~~A.L Gl}\"?.l lX!J P.)1T ~~a ar !y ... .. . ......... -- Nf> :1•1n-~,! ;ocf:j\es :1;, i7?!'.l?fo , r:1i.1Er c:~ . . . . . . Figure 1 Regional Map Produced by : BIO-Logic Environmental 635 East Main St., Ste . 100 Montrose, CO 81410 Phone: (970 )240-4374 Fax: (970) 252 -1969 Map Source : U.S.G .S . 1 :24,000 Topographic Quadrangle Carbondale (1982 Photorevised) C::J Lake Springs PUD Boundary Figure 2 Topographic Map Produced by: BIO-Logic Environmental 635 East Main St., Ste. 100 Montrose, CO 81410 Phone : (970 )240-4374 Fax: (970) 252 -1969 ( Map Source: USGS 1 :24,000 Digital Orthorectified Quater Quadrangle (DOQQ) Carbondale NE ( Aerial Photography Source Date 9/3/1993) [:l Lake Springs PUD Boundary Figure 3 Aerial Photograph Produced by: BIO-Logic Environmental 635 East Main St., Ste . 1 OD Montrose, CO 81410 Phone: (970 )240-4374 Fax: (970) 252-1969 Geology source : Geologic Map of the Carbondale Quadrangle, Garfield County, Colorado (Kirkham and Widmann 1997). Basemap source : USGS 1 :24,000 Topograhic Quadrangle Carbondale (1961, Photoinspected 1997). Please refer to Appendix C for Geologic Symbol Legend .-···· \ \ oi-1 \ ) \ _,( ./ / Legend :-~-- I ! - \ ···1 .~.J , ( r Qls JI j ' • I \. ~-/"-, r I •✓ c:J Lake Springs PUD Boundary X' Gravel Pit ~ Qto l-Qdfy r-; Ql2 * Sink Hole ~ Qtt L-Qac QTm --Fault 'J QTg ~ Qcs !_ _I QTcd Geologic Unit Symbol I _ j Qlsr Qdfm1 I Tta I af ~ Qc i I Qdfm2 -Tb r -=:]Qa LJ QSw Qty C Qtm -l Qt , Qaco j Qls Qdfo j_-I Qco r· -~ Qlo . Qlso =Ql1 Ts l__PPm Pe Pee Figure 4 Geologic Map Produced by: BIO-Logic Environmental 635 East Main St., Ste . 100 Montrose, CO 81410 Phone: (970) 240-4374 Fax: (970) 252-1969 1:250,000 00.51 2 3 4 ■•■=••==--Miles 1 inch equals 3.9 miles LS / Funston I s r .____ r -(~....,___.../ """\./ \ \ 91enwood Springs ♦ ♦ ♦ 0 Data Sources : Wilson et al. 2000, Carrol and Bauer 2002, Keller et al. 2002, COGCC 2004 , and BLM 2004) ♦♦ ♦ ~ARFIELD ~~ardiff X X 0 ~•~c,.,. \ Kiggin .r ria~nJL--¼ I X '·---¼ 0 Cathertne \ ,t Carbondale ~1 f.ilUlford...._ >(--.C ~ Jebel ,t Leo), •• ♦ •• .. Legend ! CJ lake Springs PUD Boundary CJ County Boundary X .t~ PITKIN • aggregate pit X borrow pit ['.Z:a Federal Mineral Estate Leased fo r Oil or Gas X gravel pit Uinta Coal Region GY gypsum Highway LS limestone .t City , Town , or Townsite • olivine 0 Oil or Gas Well Permit to Drill pumice Non-producing Oil or Gas Well sand * Producing Oil or Gas Well X sand and gravel pit ♦ Historic Coal Mine X sand and gravel ? pit • Other Industrial Mines • volcanic EAGLE 0 Pa/ville (historical ":tWing o " Snowmass i---_____ Figure 5 Mine Features Produced by: \ BIO-Logic Environmental 635 East Main St., Ste. 100 Montrose, CO 81410 Phone: (970) 240-4374 Fax: (970) 252-1969 A s s essment of Mineral Resource Potential: Lake Sprin g s PUD APPENDIX C: GEOLOGIC UNIT SYMBOL LEGEND Source : Kirkham and Widmann (1997) Human-Made Deposits af = artificial fill (latest Holocene) Alluvial Deposits Qa = Stream-channel, flood-plain, and low-terrace deposits (Holocene & late Pleistocene) Qsw = Sheetwash deposits (Holocene and late Pleistocene) Qty= Younger terrace alluvium (late Pleistocene) Qtrn = Intermediate terrace alluvium (late Pleistocene) Qto = Older terrace alluvium (middle Pleistocene) Qtt = Oldest terrace alluvium (middle and early? Pleistocene) QTg = High-level gravel (early Pleistocene and/or late Tertiary) Colluvial Deposits Qlsr = Recent landslide deposits (latest Holocene) Qc = Colluvium (Holocene and late Pleistocene) Qt= Talus (Holocene and late Pleistocene) Qls = Landslide deposits (Holocene and Pleistocene) Qco = Older colluvium (Pleistocene) Qlso = Older landslide deposits (Pleistocene) Alluvial and Colluvial Deposits Qdfy = Younger debris~flow deposits (Holocene) Qac = Alluvium and colluvium, undivided (Holocene and latest Pleistocene) Qcs = Colluvium and sheetwash deposits, undivided (Holocene and late Pleistocene) Qdfm1 , Qdfm2 = Intermediate debris-flow deposits (Holocene? and late Ple istocene) Qaco = Older alluvium and colluvium, undivided (Pleistocene) Qdfo = Older debris-flow deposits (Holocene? and Pleistocene) Eolian Deposits Qlo = Loess (late and middle? Pleistocene) Lacustrine Deposits Ql2 , Ql1 = Lacustrine deposits (Holocene and Pleistocene) Alluvial , Colluvial, Lacustrine?, and Deltaic? Deposits QTm = Sediments of Missouri He ights (early Pleistocene and/or late Tertiary) Collapse Deposits QTcd = Collapse debris (Pleistocene and late Tertiary) Bedrock TTa = Trachyandesite (Pliocene) Tb= Basalt (Miocene) Ts= Sedimentary deposits (Miocene?) PPm = Maroon Formation (Lower Permian? and Upper Pennsylvanian) PPe = Eagle Valley Formation (Middle Pennsylvanian) Pee= Eagle Valley Evaporite (Middle Pennsylvanian) ---------------------------------------- BIO-Logic E n vironmental Decemb er 28, 2004 23 A s s es s m ent of Mi n era l Re s ou r ce Potentia l : Lake S p r ing s PUD APPENDIX D: GEOLOGIC TIME CHART GEOLOGIC TIME CHART Terms and boundary ages used in this report BOUNDARY AGE EON ERA PERIOD EPOCH IN MILLION YEARS Holocene Quaternary Pleistocene 0 .010 1.7 Neogene Pliocene 5 Cenozoic Sub period Miocene 24 Tertiary Oligocene Paleogene 38 Eocene Subperiod 55 Paleocene 66 Late Cretaceous Early -96 Late 138 Mesozoic Jurassic M iddle Early Late 205 Triassic Middle Early Phanerozoic "'240 Permian Late Early 290 Late Pennsylvanian Middle Carboniferous Early Paleozoic Periods rv 330 Late Mississippian Early 360 Late Devonian Middle Early 410 Late Silurian Middle Early 435 Late Ordovician Middle Early 500 Late Cambrian Middle Early 570' ~ Late P1otero2oic 900 Proterozoic Middle Proterozoic 1600 Early Proterozoic 2500 Late Archean Archean Middle Archean 3000 3400 Early Archean --------------3800?-_.._ ----- pre -Archean 3 550- 'Rocks older than 570m .v . also called Prec ambrian. a time term without spec ific rank . ' Informal time term w ithout specific rank . Modified from U .S . Geological Survey Bulletin 1715 , 1989. ____________________________________ 24 BIO-L ogic Envi r o nmental Dec ember 28, 200 4 A sse s sment of M i n e ral R esource Potential : Lake Springs P UD APPENDIX B: TITLE COMMITMENTS 1. Land Title Guarantee Company, October 11 , 2004. 2 . Old Republic National Title Insurance Company, May 25 , 2001. -------------------------------------BIO-Logic Environm ental Dec em b er 2 8, 20 04 22 • • -••• --••-I I._ I -'\,l•IY_/ Land Title 'iiJ.-.aANTt.r r.OIWANY' Date: 10-11 -2"04 Property Addresti: Land Title Guarantee Company CUSTOMER Dl.~T.RIBUTION rd~t: .J. UI .J.V Our Order Number: GW244884 H yuu have any inquiries or require further assistance, please contact mx of the ouni>ers below: For Title As.•listance: Glenwood Springs "GW" Unit 1317 GRAND A VE #200 GJ ,RNWOOD SPRINGS, CO 81'81 Phone: 970-945-2610 Fax: 970-945-4784 SCBENK~T&DEWIN'IER 302 8111 !ttKRfo;r GLENWOOD SPRINGS, CO 81601 Aan: JOHN SCHENK l'hmic: 9'm--945-2447 Fax: 970-945-4767 Copies: I Sent Via US Polital Service I.and Title PrC>perty Address: Buyer/Borrower: TBD Seller/ (>wner: Land Title Guarantee Company Da.te: 10-11-2004 Our Order Number: GW244884 THE B.l!:lllillLEY .FAMILY LIAUTIW PAR1'NERSHJP, A COLORADO LIMfI'KD PARTNERSHIP Need a map or diced.ions for your upco~ closing?·Chcck out. Land lillc's web site al www.ltgc.com ror directions to any of onr 54 office locations. F..STIMA'ffi OF TITr,E FEES TBD Commitment $184.00 If Land ritl• C.Uaranc-~y will be clo•in~ Chi• tr•n•action, --f••· nll be coll-=-t •C Cb&C c1-. TOTAL $184.00 l'ODII COtf"lACY DI/Df TIIANK YOU FOR YOUR ORDER! Old Rcpuliic: National nuc losWllDIX Company ALTA COMMITMENT Schedule A Property Addra1S: 1. Effective Date: September 03, 2004 at 5:00 P.M. 2. Policy to be l'lsoed, and Proposed lni.,u-ed: "'I'BD" CommUmcnt Proposed Insured: TBD Our Order No. GW244884 Cu.'IL Ref.: 3. The estate or intereRt in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Tit.le to the csl.al.c or interest covered herein is at lhe effective date hereof vcsl.cd in: THE BERKELEY FAMB.,Y .LI1\llTED PAR1NERSHJP, A COLORADO LIMl'IED PARTNERSHIP 5. The land referred to in lhis Commilmcot is dcscribcd as [ollowe: ~'EE A ITAl..'HED PAGE(~") FOR LEGAL DFSCRIPTION ( Our Order No. GW244884 l.EBl.. ll:S.Ht'IIOJ A PARCEL OF LAND SmJA'IED lN um; 5 AND 6 SE(..'TION 32, AND LOTS 7, 8. 9, AND 10 SF£TION 33, TOWNSHIP 6 SOUTH, RANGE 88 WFSI' OF THE SIXTH PRINCIPAlJ J\IBRIDlAN, COUNTY OF GARft1EW, SfATE OF COLORADO, SAID PARCEL BEING MO.RE PARTICULARLY DESCRIBED AS FOLLOWS: COM.MENCING AT 1HE SOUTHWEST CO.HNEK ()}' SAID LOT 6, A BLM BRASS CAP JN PLACE, THE POINT OF BEGINNING; TIIENCE N 01 DEGREE.~ 43' 36" E ALONG THE ~"'IERLY BOUNDARY OF SAID LOT 6 A DlliTANCE OF 1,260.42 FEET; THENCE LF..A VJNG SAID WF.srERLY BOUNDARY S 89 DEGKEl!S OS' S1"}; A DISTANCE 01<' 1,129.94 FEl!..'T; TifENCE ALONG THE ARC OF A CURVE TO 11IE RIGHI' HAVING A RADIUS OF 1,320.00 FEEr AND A CENTRAL ANGLE OF 11 DEGR~ 14' 36" A DISTANCE OF 2S9.03 FEET (CHORD BFARS S 83 DEGKl!ES 28' 33" E 258.61 '); THENCE S 01 DEGREES 58' 08" W, A DJ!,TA.NCE OF 1,281.45 FEET TO 1BE SOUTHEAST CORNER OF SAID U)'f 9; THENL'E N 87 DEGREES 10' 45" W, ALONG THE SOU'fflF..RJ.,Y BOUNDARY OF LOT 9 AND LOT 6 A DISTANrn OF 1,382.36 FEl:!.'"l' TO THE POINT 01<' BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Schedule B-1 (Requirements) The following arc lhc rcquircmenlS lo be complied with: Our Order N(I. GW:244884 Payment to or for lhc account of lbc gnlDk)n or modgagon of lhc full consideration for lbc esfalc or intcresl lo be iosured. Proper ioilrumcot(s) creating the cslalc or imcrest k> be iosURld must be executed and duly filed for rcconl, lo-wit: THIS COMMnMENT ~ .l<'OR INFORMATJON ONLY, AND NO POUCY W.llLBE .ISSUED PURSUANT BEREI'(). I 1 1 Vlll LGIJl•f I I"-I~ ~,.1'"1.J "tUII V\..\. ..L.1. .LU • -'1 , V;:J LUU., ALTA COMMITMKNT Schedule 8-2 (Exceptions) rayc o u, ..1..v Our Order No. GW244H84 The policy or policies to be issued will contain exceptious lo ibc following uolC88 the same arc disposed of to the Hatisfaction of the Company: 1, I .... 5. r>i,nqJ:11x-i,'\. ,:onllirh in lx1111Kl;u") liut.•~. shorfagl' in ;u ·l'11. t.·1Krn:w:h111,:1it,. and ;u1_; l'acl~ whid1 a c<J1n•1·1 .,unn aix.l i11,1x>t ·fi•lfl nl' (Ill' pn•111isn \1<11Jld di,rlo.,l· and ,d1kh .Jf'l' nol ,ilm111 hy tl1t public n'<.·orcb . . \ 11 _\ lil'n. or iighl 111 a lien. fqr ~-tTYi,·1:,. lahor <II' nmt,·riaf lhen:tnl'on: or h,:rntl'll'r l'umishl'd. imp,1~•:d i>y '"" :111d 1101 :-.l1mn1 l1y lht publir rt'cord:,. Dl'i'l'CI.' .. li,·ns. e1Krnnhr:-UKl''• ad\'l't'il' da.inr; or othl·t· mall l'rs. if an~·. (1\:all'd. li~I appl':uir~ in lht p11hlit n :rnrcb or :,11 :1c hi,~'-' ,uh,l'qm·nt to 1Jw dT1•(·tin· dale hl'rt•111' b11t pdrn· 10 tlll' d,11,· thf.' pmp11sed i11s 11n.'<l arq11in·,, of n:i:onl 1'11 1· , al11r th,· ,·:,,tat ,· or i 11 1tn:~1 or mor1.ga~(· lhcn:011 c<n t·n·d ll, !hi.~ (.'11111mi1!11,·n1. '). l<l C I IT I II l'R()l'l{ll •TI >H OF .\. \ !•],\/ UH i,()1)1 ; J'O l •:\TK·\ CT :\;\ I) RI•:,\ 10\'L 111.'i ()l{I•: Tl·ll·'.IH :FIH>I\I SHOl lLI) nu: S.\i\lE RE FOLND TO PENETR.\TE OH JNTEHSE<.T THE PHV:\ll.SLS .\S 111 •:\I · I<\ l •:t> If\' I. Nffl:0 ST.\ 1·1,:.\ l'.\TEr-..T 1~1-:COIO>l ,I> .flll.Y JO . 1~'15 . Ii\' BO/II( I~ .\T I ' \LI •: Yih \Nil Rl '.('OHl>l •J) .\ l !Cl •ST (i . J:-ilJ5 II': 1\1 >< )h. 12 .\T f'.\<.;1 •, .17S .\'.\fl l{U.JH{l)J-:J> \.f.\ Y 2H . !'17-1 lN HOOK -l5(J .\T l'.\C;E 525. 10 . HI< :HT ()I.\\'.\ Y FOH DITCHE.'i OH C,\N .\LS CO'.\STRUCTED B\' THE .\l.lTHOIHTY OF THE (l f\'JT I .IJ .'i !'\Tl}-. \S w,:.sr -:J<\'EI> I~ l 'NITI •]) ST.\ f'I -}.; l'\TIJ\T l{(,:(,'Ol{l)l·:J) .ll'L\ _'\(I, 1~9:=;, I ~ II< !Oh. 12 .\T l'\(;J ,: .'71) .\\ll> ~{l ,:('()IWED .\I. (;L,ST 6. JK9~ 1/\ B<>l')k I:! AT JJ.\(;t , .mt \_\/[) ltU . .'OlWED SEl'Tl -:!\lHEH 2.t 1'>12 IN BOOK 7 1 ,\T !'.\CE 560 .\i\D RECOIU)LI) ,'\l.\l 2:-;, 1')7-1 I N l,i)OK-159 ·\T l'.\CJ•: 525 \NI> 1{1-:( Ol<IWD 1-'l •:trnl.•.\ln 2£:,, 195.2 IN JI( )I )h. 2<1 .1 .\TI'.-\<;!-' 2.">. \I.I. (_'t},\l . \i',I) l)illl':H f\lL'-,WK.\J.S. TCXil .TIIU, \\'ITIJ TIIL l{l(;11rro JJl{()SPJ·:(T VOi{. \ll i\'J·, \;\]) HU.I( l\ 1: THE S;\:\IE J'l.i HSL\i\T T< > THE l'IWVJ:-SIO N.s .\\'D Ll.\lJT\TIO'-:s OF THE \( T f )fo' l>H l·J\IIWH .29, l9lt, 1."-9 .'ilXI '. X<-i2i \,<.; l<fSl:I{\ LI> B\ TIii : l l\ilTHl ST.\TU, ()I,' \:'-11.l{IC \ 1.'\ TIii-l'.\TL'-1 Kl ·.('(_ll{J)l':I/ 1-1 ·:HKI ' \J{) 26. _1'1~2 Ir\ J$f X)h. 26., .\'I ' l'.\(;I·: 2>'>. 12. f{I ),\( l 1'1-. nm )N l{!·:COJ·<.J)i-:f) .JI i'\ ,: 12 , 1'12') JN JI( ,01..;. 2i ,\ T I',\{ ;1 ,. 11 \,', HEU·:f''l'I( >N i\/0. lfl-1 5 '12. I "j l I ,_,,._.... ..J . .1. ..L.'J, _, J , •~ ., (..l.'IJ""'t r E .\,:cplioll\) Th,· P"lin or poli,·i,·, 111 h<· i ,,t1<·d "ill crn 1f ,1in 1·~n ·pli1111., I•> ll1t · l'ullt",in~ 11111,·,, (ht· .,an11· art· di,-ptt,r d 11 1' lo ll1t · ,a1 i,J:1 r 1i11n 111' thl' Crn11p :1n,: J.,. lHl.\ll \'JE\\ !.'!(; HEPOHT REUJIU)ED ,JLNL 11 , 192 1> I~ BOOJ( 2 :\T l',\CE I¼ ,\.'i ld T !.l'TI 0'-1 '\'I). 10-fc;()_\ )-+. Tl .l {\I\. ( ·o~l)iTIOf\.', \:\I) l'l{()\'JSl()NS ni: Hl ·'.SOl .llTIOi'\ '\O. 7'.>-o-l l{J:(,'()){l)FI> .ll ;-..1 : ](J_ 1''7'l l f'i l',/)()h. _;_;o .\T P.\{;E 'i.'1 . l ~-T l .l< \ I.',. ('<)'\;I >iTIOf\S .-\\I> !'RO\ ISi t ):'I S OF Kl(;I ff l)F \\ .\ 1 I-:.\.'->l •:.\ JENT RH '< >HDEJ> :\ I \ \ Ii~. !'I'll l ~ BOO!, 8()? .-\T P .\<:E +1 5. ]/,. n:irns. ('():-,/l)ITIOl'\S .\N J) J'HO\'ISJ( >NS OF ,\(;ltEEi\lEi\T RECORDED SJTrE!\JHEH 14 , I '>'12 1:--J 11001, s .. n .\T ,,,,;r : ::;12 . 17 . Tl-'.l{\IS. ('/)'\Jl>IT IOf\S .\N I) l 'HO\·ISl()NS OF CONTlt\(.T RI .COIU)EI> r\l\Y n 7, 1997 If\' BOOK 101 7 ·\T 11 .\1;1: 1)-15. JS. TI-.H\I S. U Y'./l)ITIOI'~ ·\N J) l'I{()\ IS l<>N .S OF ,\(;lll':J·,i\lEj\,T 1<1 •:um1n :D \l •(j l .. '-iT _1,0. 2Hf)l I .', l',()<)h l2X2 .\T !'.\CL X. l'J. T U f\lS. ("(>:"J])JTJOJ\S .\ND J>HO \IS IONS OF RESOLUTION '.'JO . 02-IH'J HIT OHDEIJ l)l·:11:1,rnEH • 2.,. 20(1 2 J', HOOi( l.J I') .\T I' \(;1,: 5<i 3. Old Republic National Title ~ Company ALTA COMMITMENT Schedule A I l"r4Perty Addmsx 1. meeatve Date~ May 2S , 2001 at S!OO P.M. I 2 . Policy 1o be lssuedt, and Proposed hared: I ~TDD " Commitment. I Proposea Insured: TlJI) ' Our Order No , GWZ35820 Cost. Ref.: 3 , The tstate 'or Interest in the land desmbed or referred to In tbls c.oamdtmmt ud covered .bereiu is: • I A Fee Simple 4. Title 10 the estaae « interest.~a-ed hen:ia is at the effective date Junor v..a;ed In; THB BERKELEY FAMILY IJMITIID PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP 5. The bmd ~a-red to ia dais. Commitment Is described~ follows: SEE AIT ~CHED PAOE(S) FOR LEGAL DESCRIP'J:'lON LEGAL DESCRIPTION PAR.CELA: TOWNSHIP 6 SOUTH, RANGE 88 WF$I' OF TaE 6TH P.M . i i SECTION 32: LOTS 5 AND 6 ()Jlr Order No. GW235820 SECTION 33: LOTS 7 THROUGH 17 INCLUSJVB, WTS 20 THROUGH 23, INCLUSIVE, AND NEl/4SBlf4 SECTION 34; SWl/48Wl/4 I TOWNSHIP 7 sourn., RANGE 88 WEST OP THE 6TH P.M. SECTJO.N 4; LOTS 2. 3 AND 9 ' EXCEPTING THEREFROM THAT PARCEL OF LAND DESCRIBED ON DEHDS. RECORDED AS R.BCEJ>T.ION NO . 419600 lN BOOK 795 AT PAGE 72 AND RECORDBD AS RECEPTION NO. 423827 lN BOOK 804 AT PAOE 899 Or THE OARFJELD COUNTY RECORDS. AND EXCEPTING THBIWFR.OM THE ABOVE, TIIOSB PORTIONS CONVEYED TO THE BOARD OF COUNTY COMMISSlONERS OF OARFIBLD COUNTY FOR ROAD PURPOSES BY DOCUMENTS • RECORDED JUNE 3, i9'29 IN BOOK 159 AT PAGE 85 AS RECEPTION NO. 104496 /I.ND IN BOOK 159 AT PAGE 87 AS RECBPTION NO. 1.04498 . AND EXCEPTING THEREFR-OM A PARCEL OF LAND SITUATED IN THE SW1/4SW114 SECflON 34, TOWNSIIlP 6 soum, RANGB 88 WEST OF THE SJX'J'H PRINCIPAL MERIDIAN, COUNTY OF OAR.FIELD, STATE OF COLO~; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMM~CING AT THE SOUTHWEST CORNER OF SECTION 34, A 2 J/r GARFIELD COUNTY BRASS CAP FOUND IN PLACE: THENCE N 88 DEGREES 10' 28" E ALONG Tlm SOtrnJBRLY LINE OF SAID SECTION '.34 A DISTANCE OF. 984.24 FEBT, TO TifE POJNT OF BEOINNJNO;THENCE LEA VJNG SAID SOtmiEIU.Y LINEN 02 DEGREES .SO' 09" WA DISTANCE OF 1220.49 FEET TO A POINT ON TIIE NORTHERLY UNE OF THE SW1/4SWl/4 OF SAID SBCTION 34; TIIENCE N 89 DEGREES 02' 17~ E ALONG SAlD NORTHERLY LINE A DISIANCE OF 358.19 PEET TO A POJNT ON THE EASTERLY LINE OF SAID SW1/4SW1/4 SECTIN 34; THENCE S 02 DEGREES so· 09" E ALONG SAID EASTERLY UNE A DISTANCE OF 1215.09 FmIT TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 34; THENCE S 88 DEGREES 10' 2s• W ALONG SAID SOUTHERLY LINE A DISTANCE OF 358.06 FEET, TO THE POINT OP BEGINNil\tG. PARCEL:S: A PARCEi'.. OF LA.NP SITUATED IN nm NEl/4 OF SECTION 4, TOWNSHIP 7 SOUTH. RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NOR'JHEAST CORNER Of SAID SECTION 4, A BLM ALUMINUM CAP 1N PLACE, THE TRUE POINT OF BEGINNING; ( LEGAL DESCRIPTION lliENCE S 16 DEGREES 3!1 ' 55· W 217 .38 FEET; THENCE S 21 DEG.REES 00' .32" Wm .20 PEET; , THENCE S 48 DEGREES 11' or W 452. fjf7 FEET; THENCE N 89 DEGRBBS 49 ' zr W 293 .53 FEET; Our Order No. GW235820 THEN~ ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 PEET AND A CENTRAL ANGLE OP S4 DEGREES 03' s1·. A DTSrANCE.OF 188 .n FEET;(CHORDBEARS N 62 DEGREES 47' 31" W 181.80 FEET) THENCE N 35 DEGREES 45' 36" W 8.96 FEET; TH8NCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FBBT AND A CENTRAL ANGLE OF 17 DEGR~32' t4•. ADISTANCBOF 101 .01 FEET (CHORD BEARS 8 '57 DEGREES 47' 34 • W 100.61 FEET); ntENCE S 10 DOOREBS Sl' 01" B 108.00 FRET; THENCE N 89 DEGRE8S 49' 27'" W 293.31 FEET TO A POINT ON THE SOUTIIBRLY BOUNDARY OF THAT PROPHJtTY DESCRJBED JN RECEPllON NO. 462134 OF THE GARFIELD COUNTY CLBllJC AND RECORDER.'$ OFFICE; THENCE N 00 DEGREES 11 ' 22" E ALONG SAID SOUlllERLY BOUNDARY 337.83 FEBT; THENCE CONTINUING ALONG SAID SOUTHE.1lL Y BOUNDARY N 89 DEGREES 51' 49• E 217 .99 FEET; TIIENCE CONTJNUJNG ALONG SAID SOUTHERLY BOUNDARY N 00 DEO~EES 16 ' 49" W 4$,81 FEET : THENCE CONTINUIN(] Al.ONO SAID SOUTHEJUXBOUNDARY S 89 DEGREES 49• 20" E 1127.00 PEET TO THE TRUB POINT OF BEGINNING . PARCELC: A PARCEL OF LAND SITUATED IN THE NW1/4SW1/4 SECTION 34, TOWNSHIP 6 SOUTH , RANOE 88 WEST OF THE SIXTH PIUNCIPAL MERIDIAN, COUNTY OF GARFIELD. STATE OF COLOR)J)(); SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WESJ' QUARTER CORNER OF SECTION 14, AN ALUMINUM CAP L.S . NO . 5993 FOUND IN PLACE, THE POINT OF BEOINNINO; THENCE N 89 DEGREES 51' 50 " W ALONG THE NORTHERLY UNE OF THE NW1/4SW1/4 socnON 34 A DistANCE OF 201 ,90 .FEET; THENCE LEA VlNG 1HE NORTHERLY LINES 03 DEGREES 53' :u • E A DISTANCE OF 1211.02 FEET, TO A POINT ON THE SOUTHER.LY UNE OF SAID NW1/4SW1/4; THENCE ALONG SAID SOUnmRLY LINB S 89 DEGREES 13' 59• WA DISTANCE OP 199,56 FBETt TO Sl/16 OFSECTfON 34 AND 33, A 2 1/2" GARFIELD COUNTY SURVEYOR BRASS CAP FOUND lN PLACE~ THBNCE N 03 DEGREES 59' 4()• W ALONG SAID WES1'ERL Y LINE OF SAID SECTION 34 A DISTANCE OF 123.S.37 FEET TO THE POINT OF BEGJNNJNG; ALSO A PARCEL OF · LAND Sl'n,JATED IN THE NEl/4 SECTION 4, TOWNSHIP 7 SOUTH , RANGE 88 WEST OP THB SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PA,RTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE Nl/4 OF SECTION 4; THENCE S 44 DEGREES 45' 28• EA DISTANCE OF 1896.61 FEET, TO THE NORTH.EAST SIXTBENTH CORNER OF SAID SECTION 4 , ALSO BEING THE SOUQIEAST CORNER OF TIIAT PROPBRTY DESCRIBED IN RECEPTION NO. 419600 lN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, THE POINT OF BEGINNING ; THENCE. N 00 DEGREES 19' 20• 8 ALONG THE WESTERLY LINE OF SAID RECEPTION NO. 419600 A DISTANCE OP 513.74 FEBT. TO THE NORTHWBST CORNER; THENCE S 89 DEGREES 49' 2r E ALONG THE NORTH.ERL Y LINE OF SAID RECEP'llON NO . 419600 A DISTANCE. OP Our Order No , GW23.,820 lEBAl DESCRIPTION 293.31 FEET, TO A POINT IN AN EXISTING FBNCE; THENCE LEAVING SAID NORTHERLY LINR S 10 DEGREES 46 ' 41" ALONG SAID EX18TING FENCE A, DISTANCE OF 540.03 FEET ; THBNCE CONTINUING ALONG SAID EXISTING FENCE N 89 DEGREES 15' 38" WA DISTANCE OF l728 .18 FEET , TO A JJ<>l.NT ON nm NORTH-SOUTH CENTERLINE OP. SAJD SECTION 4; TaE.N'CE LEAVJN.G SAID EXISTING PENCE N 00 DEGREES 17' 21" W AWNG SAID NOR.TH-$0UTH CENTERLINE A DISTANCE OF J ,14 FEEi' TO A POINT ON THE SOUTHERLY LINE OF THAT PROPERTY DE&:JUBBD IN RECEPTION NO. 280798 IN TlIE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE: TIIENCE LEA VJNG SAlO NORTH-SOUTH CENTERLINES 89 DEGREES 45• 06• E ALONG SAID SOUTHERLY UNE A DISTANCE OF 1330.86 FEET TO 11re POINT OF BEGINNING . COUNTY OF GARFIBLD ST ATE OF COLO.RADO ALTA COMMITMENT (llequt.-em~nt$} The following are the nquirenlelds to be complied with: Our Order No . GW23S820 Payment to « fur the account of 1he grantors ~ mortgagors of the full consideration for the est.ale or interest to be insu~ . .PropeJ instrumeut(s) aeating 1he es&ate or interest to be ~ lllllsl be executed and duly filed for record, to-wit : TIDS COMMITMEl'lt IS FORJNPORMATION ONLY, AND NO FOUCY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Our Order No. GW235820 TIM policy or policies to be issued will contain excq,tions to the following 1lllless the same an disposed er to the saff5factlon or the Company: • 1. Rigbls of t:lajms of parlics in possemon not shown by the public rea,rds, I 2. Eaielnent~, ut clalm8 of easemenu. ooc ahown by the public records. 3 . Discrepao&ies, conflicu in boundaxy Jille$, shortage in area , encroachment&, and any facts which II correct survey and inspection 1of the premises would disclose and which are not shown by lhe pub1ic records. 4. Any liffl, br rlghc ro a lien., for services, ~ or material theretofore or hereafter fumisbtd, impo5Cd by law and nor . .,wn lby the public records . • I 5. DdectS, ~ ~. adverse claims or other matters, if any. creawl, first appearing in the public reco~ or attadring subsequent to the effective date hereof but .prior to the dare lhe proposed insured acquires of reaird for value the ekate or i~.or mOI1gage thereon awered by this Ci;munitmeat. 6. Tues and ~s not yet <lPe or payable and special assessments not yet cectified to the Treasurer's office. I 7. Any unpai4 f~ or assessments .aeafnst $a1d lasd. I 8. Liem for~ water and sewer charges, ·if any. I I . 9. DEED OF ifRUST DATED OCTOBER 28. 1997 FROM THE BERKELEY FAMILY LIMITED PARtNBRSHIP, A COLORADO UMITIID PAR.1'NBRSH11>1'01'HE PUBUC.TRUSTBB OF GAR.FlELD COUNTY FOR THE USE OF BANK OP COWRADO ~ WESTERN SLOPE TO SECURE THE SUM OF $76~000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS TIUnlEOF, RECORDED NOVEMBEa 12, 1997, IN BOOK1042 AT PAGE 144. AFFECTS PARCEL B 10, DEED OF TRUST DATED JANUARY 02, '2001 FROM THE BERKELEY FAMJLY UMIT.IID PARTNERSHIP, A COLORADO LIMf['ED PARTNERSHIP TO THE PUBLIC TRUSTEE OF GARFIBI.D COUNTY FOR THE USE OF BANK OF COLOJv\1)0 TO SECURE THE SUM OF $402,033.19, AND ANY OTHER AMOUNTS PAYABLE UNDER 1'lm TERMS l'HEREOF, RECORDED JANUARY 03, 2001, IN BOOK 1225 AT PAGE 242 . AFFECTS PARCEL A 11 . THE EFFEqT OF INCLUSIONS. IN ANY GENERAL OR SPECIFIC WATER CONSERVAf\rCY, FIRE PROTECTION, SOlL CONSERVATION OR OTHER. 01S1'RICT O.R INCLUSION IN ANY WATER SERVICE OR STREBT IMPROVEMENT ARRA. ALTA COMMITMENT (Exceptions) Our Oilier No. GW235820 The policy or policies to be iawaed will ton.ta.in acq,tions to tile followillg ualess 1he 8aDle are disposed of to the Attstacdon ot tbe C-ompaay: 12. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EX'f.RACT AND .tffiMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THB PREMISES AS RESERVED IN UNITED Sl'ATES PATENT RECORDED JULY 30, 1895, IN BOOK 12 AT PAGE 376 AND RECORDED AUGUST 6, 1895 lN BOOK 12 AT PA.GE 378 AND RECORDFD MAY 28, 1974 ~ BOOK 459 AT PAGE S2s'. 13. R.JGHT Of WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF Tim UN.ffBD STATF.S AS RF.SERVED IN UNITED STATES PATENT RECORDED JULY 30, 1S95, IN BOOK!l2AT PAOE376AND RECORDED AUGUST 6, 1895 IN BOOK 12 AtPAOE 378, AND jR.ECORDED SEPTEMBER 23, 1912 JN BOOK 71 AT PAGE 560 AND RECORDED MAY 28, 1974 IN BOOK 459 AT PAGE SlS AND RECORDED FEBRUARY 26, 1952 IN BOOK263 ATPAGEpef. z""'\ 14 . ALL COAL AND ora:,HR. MINERALS, TOGETIIER WJTII THE RIGHT TO PROSPECT FOR, MINE I AND REMOVE THE SAMB PURSUANT TO Tim PROVISIONS AND LIMJTA.TIONS OF THE ACT OF DEC.EMBER 29, 1916 (39 STAT. 862)-AS .RESERVED BY 'DIE U.NITED ST ATES OF AMERICA IN THE PATEN :RECORDEI> FEBRUARY 26, l952 IN BOOK 263 AT PAGE 239. 15. ROAD PE'l'lTION RECORDED lUNJi 12, 1929 lN BOOK 2 AT PAGE ll AS RECEPTION NO. 104592 . 16. ROAD VIEWING REPORT RECORDED JUNB 12, 1929 IN BOOK 2 AT PAGE 86 AS RECEPTION NO. 104593. 17. TERMS, C0NDlTIONS AND PROVISIONS OF RESOLUTION NO~ 79-<>4 RF.CORDED JUNH 19, 1979 IN BOOK 530 AT PAGE 93. 18. TERMS, CONDITIONS AND PROVISIONS. OF RIGHT OF WAY EASEMENT RECORDED MAY 02, 1991 IN BObK 803 AT PAGE 445. 19. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT RECORDED SEPTEMBER 26, 1991 IN BOOK 814 AT PA0E 245. 20. TERMS, CONDJTIONS AND PROVISIONS OF AGREEMENT RECORDED SEPT.EMBER 14 1 1992 IN BOOK 841 AT PAGE 512. ALTA C0MMJTMENT Our Order No . GW23S820 The policy or policies to be issued will contain eiceptio.118 to the following ualess the same are dJsposed or-to the sllfisfaction of the CGmpany: 21. TERMS •. CONDlTIONS AND PROVISIONS OF UTJLITY EASEMENT RECORDED NOVEMBER 12, 1997 IN BOOK 1042 AT PAGE 134 . 22. TERMS, CONDJTIONS AND PROVISIONS OF OPTION AGREEMENT RECORDED MAY 09 , 1994 IN BOOK 90l AT PAGE 701 . ~. TERMS , CONDlTIONS AND PROVISIO~ OF RIGHT OF WAY AN[) BASEMENT RECORDED MAY 30, [995 lN BOOK 942 AT PAGE 171. 24. TERMS, CONDITIONS AND PROVISIONS OF RBSOWTION 95-30 RECORDED APRIL 11 , 1995 IN BOOK 937 AT PAGE 123. :ZS . TERMS, CONDITIONS AN'I> PROVlSIONS OF CONTRACT RECORDED MAY ff1, 1997 lN BOOK 1017 AT PAG.E 945. 26 . EASEMENTS AND RIGHTS OF WAY FOR. ROADS, STREETS, HIGHWAY, DITCHES, CANALS, PIPELINES AND UTILITY LlNES AS CONSTRUCTED AND IN PLACE. NOTE ; Ul'ON RECEIPT OF A SURVEY , MmITING THE, ALTA MINlMUM STANDARDS FOR CONTENT AND ACCURACY, nrn EXCEPTION SHOWN ABOVE WIIL BB DELETED. PROVIDED HOWEVER, THAT LAND TITLE GUARANTEE COMPANY RESERVES THE RIGHT TO ADD ANY EXCEPTIONS 1T DBEMS NECESSARY FOR MA'I'TERS DISCLOSED BY SAlD SURVEY.