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11298. thence S 36°55'27" W a distance of 912.59 feet; 9. thence S 55°0738" W a distance of 239.80 feet; 10. thence N 25°19'38" W a distance of 77.69 feet to the intersection with the eastern right of way for the Union Pacific Rail Road; thence the following 6 courses along said eastern Union Pacific Rail Road right-of-way: 1. thence N 14°3628"E a distance of 636.23 feet; 2. thence S 00°49'58" E a distance of 161.51 feet; 3. thence N 14°36'28"E a distance of 1154.60 feet; 4. thence 238.61 feet along the arc of a tangent curve to the left having a radius of 58645.82 feet, a central angle of 00°13 59", and the chord bears N 14°2928" E a distance of 238.61 feet; 5. thence 124.23 feet along the arc of a tangent curve to the left having a radius of 2608.63 feet, a central angle of 02°43'43 ", and the chord bears N 13°00'37" E a distance of 124.22 feet; 6. thence 92.45 feet alon the arc of a tan ent curve to the le havi a g g it n8 radius of 1486.60 feet, a central angle of 03°33'48" and the chord bears N 09°51'52" E a distance of 92.44 feet to the intersection with the 1-2 line of Puritan Lode (MS 20461); thence along said 1-2 line of Puritan Lode N 5922 30"E a distance of 129.1 / feet to Corner No. 3 of Rub Lode; Y , thence along the 2-3 line said Ruby Lode N 5355'33" W a distance of 121.33 feet to the intersection with said Union Pacific Rail Road ROW; thence the following 3 courses along said Union Pacific Rail Road ROW: 1. thence 505.43 feet along the arc of a non tangent curve to the left having a radius of 1486.60 feet, a central angle of 19°28'48", and the chord bears N 06°58'17" W a distance of 503.00 feet; 2. thence 156.15 feet alon the arc of a tan ent curve to the let havin a g g f g radius of 3565.06 feet, a central angle of 02"30'34", and the chord bears N 17`5T_58" W a distance of 156.13 feet; 3. thence N 19°13'15" W a distance of 666.14 feet to a point on the 1-2 line of said Sapphire Lode; thence along said 1-2 line of said Sapphire Lode N 59°21'07" E a distance of 392.93 feet; to the point of beginning, containing 4, 623.253 acres more or less. Parcel 2 Legal Description A arcel of land located in Ea le Coun Colorado within Section 20 P g tY, , Townshi 6 South Ran e 80 West 6th P.M. beim more articular) P , g , g P Y described as follows: Beginning at Corner 2 of Slide Lode (MS 2323) whence Corner 3 of said Slide Lode bears N 06°00'00" W a distance of 1351.00 feet, said point also being on line 1-4 of Eighty -Four "84" Lode (MS 3920); thence along the 1-4 line of said Eighty -Four "84" Lode S 06°00'00" E a distance of 38.89 feet to the intersection with line 3-4 of Allegheny Lode (MS 3810); thence along the 3-4 line of said Allegheny Lode S 82"53'49" W a distance of 111.55 feet to the intersection with the 1-2 line of said Slide Lode; thence along the 1-2 line of said Slide Lode N 6348'06" E a distance of 118.84 feet: to the point of beginning, containing 0.0498 acres more or less. Combined Total Area of 100% Ownership Interest The combined total area within the 100% ownership interest Parcels 1 and 2 is 4,623.3028 acres more or less. Partial Ownership Parcel 1 Legal Description A parcel of land located in Eagle County, Colorado within Sections 17 and 20, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at Corner No. 4 of Venrolt Lode (MS 2322); thence along the 3-4 line of Venrolt Lode N 09°00'12" W a distance of 1500.00 feet to Corner No. 3 of Venrolt Lode; thence along the 2-3 line of Venrolt Lode S 80°59'48" W a distance of 150.00 feet to Corner No. 2 of Venrolt Lode, said point also being Corner No. 3 of said First National Lode; thence along the 3-4 line of said First National Lode S 59°48'40" W a distance of 135.04 feet to Corner No. 4 First National Lode said int also , Po being on the 2-3 line of said Eighty Four Lode ; thence along said 2-3 line of Eighty Four Lode N 07°06'00" W a distance of 40.30 feet to Corner No. 3 of Eighty Four Lode; thence along the 3-4 line of Eighty Four Lode S 51 °00'00" W a distance of 184.08 feet to Corner No. 4 of Eighty Four Lode; thence along the 1-4 line of Eighty Four Lode S 06°00'00" E a distance of 69.00 feet to Corner No. 3 of Slide Lode MS 2323 thence along the 3-4 line of said Slide Lode S 59°58'49" W a distance of 168.36 feet to Corner No. 4 of Slide Lode said point also being on the 2-3 line of Foster Combination Lode (MS 7056); thence along said 2-3 line of Foster Combination Lode N 06°17'55" W a distance of 175.00 feet to Corner No. 3 of Foster Combination Lode; thence along the 3-4 line of said Foster Combination Lode S 82°53'49" W a distance of 136.63 feet to Comer No. 3 of Foster Combination Lode; thence along the 1-4 line of said Foster Combination Lode S 05°03'52"E a distance of 1500.00 feet to Corner No. 1 of Foster Combination Lode, said point also being on the 3-4 Line of Allegheny Lode (MS 3810); thence along said 3-4 Line of Allegheny Lode S 82°53'49" W a distance of 187.02 feet to Corner No. 4 of Allegheny Lode; thence along the 1-4 line of said Allegheny Lode S 07"06'11 "E a distance of 150.00 feet to Corner No. 1 of Allegheny Lode; thence along the 1-2 line of said Allegheny Lode N 82°53'49"E a distance of 650.00 feet to Corner No. 2 of Allegheny Lode; thence along said 2-3 line of the Allegheny Lode N 07°06'11 " W a distance of 150.00 feet to Corner No. 3 of Allegheny Lode; thence along said 3-4 line of the Allegheny Lode S 82°53'49" W a distance of 81.87 feet to the intersection with the 1-2 line of Eighty Four Lode (MS 3920); thence along said 1-2 line of Eighty Four Lode N 51 °00'00" E a distance of 140.20 feet to Comer No. 2 of Eighty Four Lode, said point also being on the 1-4 line of First National Lode (MS 13320); thence along said 1-4 line of First National Lode S 0706'00"E a distance of 73.00 feet to Corner No. 1 of First National Lode; thence along 1-2 line of said First National Lode N 61 °34 21 "E a distance of 187.77 feet to Corner No. 2 of First National Lode, said point also being Corner No. 1 of Venrolt Lode (MS 2322); thence along the 1-4 line of Venrolt Lode N 805920"E a distance of 149.13 to the point of beginning, containing 28.3169 acres more or less. Partial Ownership Parcel 2 Legal Description A parcel of land located in Eagle County, Colorado within Section 20, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at Corner 3 of Wyoming Valley Placer (MS 2838), said point also being Corner No. 3 of Wyoming Valley Lode (MS 6079) and Corner No. 3 of Wedge Lode (MS 20077); thence along the 3-4 line of said Wyoming Valley Placer thence S 58°52'57" E a distance of 76.10 feet to Corner No. 10 of Wyoming Valley No. 2 Lode (MS 6079); thence along the 7-10 line of said Wyoming Valley No. 2 Lode S 74°3900" W a distance of 77.97 feet to the intersection with the 2-3 line of said Wyoming Valley Lode; thence along the 2-3 line of said Wyoming Valley Lode N 09°30'01 "E a distance of 60.80 feet to the point of beginning, containing 0.0494 acres more or less. Partial Parcel 3 Legal Description A parcel of land located in Eagle County, Colorado within Section 19, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Said Parcel being all of the Maud S Lode (MS 7779); and being further described as follows: Beginning at Corner No. I of said Maud S Lode, being a stone monument found in place thence along the 1-2 line of said Maud S Lode N 29°39'37"E a distance of 695.00 feet to Comer No. 2 of Maud S Lode, being an original 4.5 inch aluminum cap found in place; thence along the 2-3 line of said Maud S Lode N 35°34'44" E a distance of 715.33 feet; thence along the 3-4 line of said Maud S Lode S 09°59'04" W a distance of 699.11 feet; thence along the 4-5 line of said Maud S Lode S 39°15'44" W a distance of 66.83 feet; thence along the 5-6 line of said Maud S Lode S 29°26'44" W a distance of 1521.59 feet; thence along the 1-6 line of said Maud S Lode N 09°45 58" E a distance of 892.51 feet to the point of beginning, containing 10.3337 acres more or less. Combined Total Area of Partial Ownership Interest The combined total area within the Partial Ownership Interest Parcels 1, 2 and 3 is 38.7000 acres more or less. Exception Parcel 1 Legal Description A parcel of land located in Eagle County, Colorado within Section 6, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at the intersection of the 3-4 line of Colorado Lode (MS 20355) and line 3-4 of G.L.O. Tract 37, Township 6 South, Range 80 West, 6th P.M. whence A.P. 3 of said Tract 37 bears N 8947'27" W a distance of 122.14 feet, thence along the 3-4 line of said Tract 37 S 8 9 4727"E a distance of 259.76 feet to the intersection with the 2-3 line of Twin Theory No. 8 Lode (MS 20705); o," h 1 n said 2-3 line S 58 5014 W a distance of 188. /9 feet to the t once a o g intersection with said 3-4 line of the Colorado Lode; o r h 1 i � lin of th Colo Lode N 45 06 57" W a distance of t once a on sad 3 e e ratio 8 139.34 feet to the point of beginning, containing 0.2921 acres more or less. Exception Parcel l Legal Description A parcel of land located in Eagle County, Colorado within Section 12, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at the intersection of the 1-2 line of May No. 2 Lode (MS 19993) and the 1-4 litre of May No. 15 Lode (MS 20257) whence Corner 2 of said May No. 2 Lode bears N 45°09'26" W a distance of 32.42 feet, thence along said 1-4 line of May No. 15 Lode S 17°11'16" E a distance of wi 1-4 lin of the John C. Godfre Lode 56.10 feet to the intersection th the e Y (MS 2367); 1-4l f J C. Godfre Lode N 56°41'10"E a thence along sazd me o the ohm y distance of 26.88 feet to the intersection with said 1-2 line of May No. 2 Lode; thence along said 1-2 line of May No. 2 Lode N 45°09'26" W a distance of 55.07 feet; to the point of beginning, containing 0.0166 acres more or less Exception Parcel 3 Legal Description A parcel of land located in Eagle County, Colorado within Section 8, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at Corner No. 2 of Foresight No. 3 Lode (MS 20711) whence Corner No. 3 of said Foresight No. 3 Lode bears S 89°56'09"E a distance of 1317.07 feet, said point also being on the 2-3 Line of Foresight No. 5 Lode (MS 20711); thence along the 1-2 line of said Foresight No. 3 Lode S 0049 54" W a distance of 49.94 feet to the intersection with the 2-3 line of Foresight No. 7 Lode (MS 20711); thence along said 2-3 line of Foresight No. 7 Lode thence N 30°13'41 " W a distance of 57.83 feet to the intersection with said 2-3 Line of Foresight No. 5 Lode; thence along said 2-3 Line of Foresight No. 5 Lode S 89°56'09" E a distance of 29.84 feet to the point of beginning, containing 0.0171 acres more or less. Exception Parcel 4 Legal Description A parcel of land located in Eagle County, Colorado within Section 18, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at a stone monument found in place marking Comer No. 3 of Joe Hill No. 13 Lode (MS 11861) whence a stone monument found in place marking Corner No. 4 of said Joe Hill No. 13 Lode bears S 59°1129" W a distance of 1486.15 feet; and whence the Quarter Corner common to Sections 8 and 17, Township 6 South, Range 80 West. 6th P.M. bears N86°17'19"E a distance of 3639.47 feet, said point also being on the 3-4 line Jce Hill No. 14 Lode (MS 11861); thence along the 2-3 Line of said Jce Hill No. 13 Lode N 10°17'14" W a distance of 43.21 feet to Corner No. 2 of Balance Lode (MS 20018); thence along the 1-2 line of said Balance Lode S 31 °24'08"E a distance of 40.47 feet to Corner No. 3 of said Jce Hill No. 14 Lode; thence along the 3-4 line of said Jce Hill No. 14 Lode S 59°1129" W a distance of 15.57 feet to the point of beginning, containing 0.0072 acres more or less. Exception Parcel 5 Legal Description A parcel of land located in Eagle County, Colorado within Section 17, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at a at a stone monument found in place marking Corner No. 4 of Victory No. 1 Lode (MS 20569) whence a stone monument found in place marking Comer No. I of Liberty No. 3 Lode (MS 20569 bears S 09°03 26" E a distance of 273.32 feet; thence along the 1-2 line of said Liberty No. 3 Lode N 09°03 26" W a distance of 35.26 feet to the intersection with the 2-3 line of Victory No. 3 Lode (MS 20711); thence along said 2-3 line of Victory No. 3 Lode N 89°53'50" W a distance of 91.99 feet to the intersection with the 3-4 line of said Victory No. I Lode; thence along said 3-4 line of said Victory No. 1 Lode S 68°09'11 " W a distance of 93.13 feet; to the point of beginning, containing 0.0368 acres more or less. Exception Parcel 6 Legal Description A parcel of land located in Eagle County, Colorado within Section 19, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at the intersection of line 2-3 of Sylph Lode (MS 3540) and line 2-3 of Contest Lode (MS 17399) whence an original stone monument found in place for Conger No. 2 of said Contest Lode bears S 78°53 32 " W a distance of 271.40 feet; thence along said 2-3 line of Sylph Lode N 52°00'00" E a distance of 33.53 feet to the intersection of the 1-4 line of Little Courtney Lode (MS 3691) said line also being an extension of the 3-4 Line of said Contest Lode; thence along said 1-4 line of Little Courtney Lode S 11 °06'28"E a distance of 15.17 feet to Comer 3 of said Contest Lode being an original stone monument found in place; thence along the 2-3 line of said Contest Lode S 78°53 32" W a distance of 29.90 feet to the point of beginning containing 0.0052 acres more or less. Exception Parcel 7 Legal Description A parcel of land located in Eagle County, Colorado within Section 19, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at the intersection of line 1-2 of Little Courtney Lode (MS 3691) and line 2-3 of Robby Burns Lode (MS 3609) Thence along said 2-3 of Robby Burns Lode N 76°00'00"E a distance of 57.16 feet to Comer No. 2 of Science Lode (MS 17242); Thence along the 1-2 line of said Science Lode S 15°2554"E a distance of 20.63 feet to a point that intersects with said 1-2 line of Little Courtney Lode; Thence along said 1-2 of Little Courtney Lode N 84°19'21 " W a distance of 61.26 feet; to the point of beginning, containing 0.01353 acres more or less. Exception Parcel 8 Legal Description A parcel of land located in Eagle County, Colorado within Section 20, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at Corner No. 3 of Mystery Lode (MS 20569) whence Corner No. 4, an original stone monument found in place bears N 09°00'12" W a distance of 614.33 feet; thence along the 2-3 line of said Mystery Lode N 6904'33"E a distance of 11.95 feet to the intersection with the 1-4 line of Little Chicago Lode (MS 3748); thence along said 1-4 line of Little Chicago Lode N 26°09'17"E a distance of 5.62 feet to the intersection with the 1-7 line of Mystery Placer (MS 15751), thence along said 1-7 line of Mystery Placer S 55°08'11 " W a distance of 9.40 feet to the intersection with the 7-8 line of Leviathan Lode (MS 6227); thence along said 7-8 line of Leviathan Lode N 09°00'12" W a distance of 6.23 feet; to the point of beginning containing 0.0011 acres more or less. Exception Parcel 9 Legal Description A parcel of land located in Eagle County, Colorado within Section 20, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: A parcel of land located in Eagle County, Colorado within Section 20, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at the intersection of the 2-3 line of Spruce No. 10 Lode (MS 20747) and the 6-7 line of Mystery Placer (MS 15751) Thence along said 2-3 line of Spruce No. 10 Lode N 08°5127" W a distance of 23.50 feet to Corner No. 2 of Mystery Lode (MS 20569), being an original stone monument found in lace• P , Thence along the 2-3 line of said Mystery Lode S 69°04 33" W a distance of 218.78 feet to a point that intersects with said 6-7 line of Mystery Placer; Thence along said 6-7 line of Mystery Placer N 75°12 37" E a distance of 215.09 feet; to the point of beginning, containing 0.0577 acres more or less. Exception Parcel 10 Legal Description A parcel of land located in Eagle County, Colorado within Section 20, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: B innin at Corner No. 2 of Homsilver No. 6 Lode MS 20291 said int eg g ( ), Po also being on the 2-3 line Liverpool Placer (MS 2087); thence alon said 2-3 line of Live of Placer N 4901 '46" W a distance of g Rm 314.89 feet to Corner No. 3 of Homsilver No. 5 Lode (MS 20291); thence along the 3-4 line of said Homsilver No. 5 Lode S 02°05'42" W a distance of 673.32 feet to a point that intersects with the 1-2 line of said Homsilver No. 6 Lode; thence along said 1-2 line of Homsilver No. 6 Lode N29°2134"E a distance of 535.14 feet; to the point of beginning, containing 1.8947 acres more or less. Exception Parcel 11 Legal Description A arcel of land located in E le Coun Colorado within Section 20 Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at Corner No. 3 of Homsilver No. 6 Lode (MS 20291), said point also being on the 2-3 line of Liverpool Placer (MS 2087); Thence along the 2-3 line of Homsilver No. 3 Lode (MS 20291) S 31 °39'16" E a distance of 432.48 feet to a point that intersects with the 1-4 line of Rich No. 6 Lode (MS 20747); Thence along said 1-4 line of Rich No. 6 Lode N 19°32'09"E a distance of 138.75 feet to Corner No. 3 of said Liverpool Placer; Thence along said 2-3 line of Liverpool Placer N 49°01'46" W a distance of 362.04 feet to the point of beginning, containing 0.5367 acres more or less. Exception Parcel 12 Legal Description A parcel of land located in Eagle County, Colorado within Section 20, Township 6 South, Range 80 West, 6th P.M. being more particularly described as follows: Beginning at the intersection of the 1-2 line of Homsilver No. 6 Lode (MS 20291) and the 1-4 line of Homsilver No. 5 (MS 20291) Thence along said 1-4 line of Homsilver No. 5 Lode N 49°03'04" W a distance of 285.59 feet to a point that intersects with the 2-3 line of Homsilver No. 2 (MS 20291); Thence along said 2-3 line of Homsilver No. 2 Lode S 31 °21 '37" E a distance of 320.74 feet to a point that intersects with said 1-2 line of Homsilver No. 6 Lode; Thence along said 1-2 line of Homsilver No. 6 Lode N29°21'34"E a distance of 99.50 feet; to the point of beginning, containing 0.3195 acres more or less. Combined NET Area of 100% Ownership Interest The combined NET area within the 100% ownership interest Parcels 1 and 2 and excluding the area from Exception Parcels I through 12 is 4,620.1046 acres more or less. SURVEY NOTES: 1. The unit of measure for this survey is the U.S. Survey Foot. 2. The bearings shown heron are based on a bearing of N 89°58'35"E along the South line of Section 36, Township 5 South, Range 81 West of the 6th Principal Meridian as measured between the Southwest comer of said Section 36 being a 2-1/2 inch GLO Brass Cap found in place and the South Quarter comer of said Section 36 being a 2-1/2 inch GLO Brass Cap found in place. The measured distance between the Southwest comer and the South Quarter corner of said Section 36 is 2,694.09 feet. 3. The field measurements and observations for this survey were performed between June 201 1 and September 2017 4. This survey is not based on a Commitment for Title Insurance. 5. This survey is based on the following documents: • Correction Special Warranty Deed Recorded October 5, 2005 as Reception number 932056 • Decree Quieting Title, Case no. 94 -CV -152, Division J Recorded June 28, 2000 at Reception Number 733099 • Complaint for Foreclosure Pursuant to Rule 105 C.R.C.P, Case No. 98CV374,recording date unknown • Quitclaim Deed recorded October 7, 2009 at Reception Number 200921950 • Quitclaim Deed recorded May 31, 2006 at Reception Number 200614244 • Quitclaim Deed dated July 3, 2016 between Battle One Developer, LLLP f/k/a Ginn -LA Battle One Developer Ltd. LLLP and the Town of Red Cliff conveying an undivided one-half interest in and to the Cariboe Lode Mining Claim (MS 6509). 6. The Highway 24 Right of Way depicted hereon is based on the Colorado Department of Transportation U.S. Highway 24 Boundary Line Agreement approved July 20, 2018 and recorded in the Eagle County Clerk and Recorder's office July 27, 2018 at reception number 201812787, which amends FAP 292-B revised plat date January 29, 1929, FAP 78-R Right of Way Map No. l A revised plat date September 11, 1929, FAP No. BRF 024-1(24) revised plat date July 28, 1989, FAP No. 78(2) revised plat date July 10, 1939, and FAP No 182-A(2) revised plat date September 29, 1939. 7. A Declaration of Homestead is recorded at Reception number 200802160 which describes a parcel of land situated within MS 11840 Joe Hill Lode and MS 641-A Argo Lode. 8. The Rail Right -of -Way shown hereon is based upon the Denver and Rio Grande Railroad Right -of -Way and Track Map Sheets V -7-A/23, V-7-A/S-22-D, and V -7-A/21 Date June 30, 1919. 9. Item 4 on Exhibit B-Exce tions on Correction S cial Warran Deed P Pe h' recorded at Reception 932056 identifies the rights of Jack Elliot, Jack Patrick Elliot and Michael Elliot, as described and defined in Decree Quieting Title, Case No. 94 -CV -152, Division J, District Court, Eagle County Colorado recorded June 28 2000 at Rec tion No. 733099 with res ct to: the ep Pe exception of quartzite formation in place and any formation and ores within, below or underneath the quartzite formation and other exceptions and reservations set forth in Deed from The Ground Hog Tunnel and Mining Company to the Empire Zinc Company dated February 19, 1917 and recorded March 3, 1917, in Book 85 at Page 159. This affects U.S. Mineral Survey Nos. 1228 Mary Queen, 1249 Mexican Maid, 2257 Little Ella, 2327 Jenny Lind, 2328 Bullion , 2643A Rob Roy, 2646 Black Iron, 2647 Little Topsy, 2959 Morgan, 3115 Cleveland, 3121 Indian Girl, 7469 Little Chris, 7470 Ben Harrison. 10. Item 5 on Exhibit B-Exce tions on Correction S ecial Warran Deed P P h' recorded at Reception 932056 identifies the rights of Jack Elliot, Jack Patrick Elliot and Michael Elliot, as described and defined in Decree Quieting Title, Case No. 94 -CV -152, Division J, District Court, Eagle County Colorado recorded June 28, 2000, at Reception No. 733099, with respect to: Agreement between The Empire Zinc Company, a Colorado corporation, and The Eagle Bird Tunnel and Mining Company, a Colorado corporation, recorded November 17, 1916, in Book 85 at Page 147. (Affects U.S. Mineral Survey Nos. 2257 Little Ella 2258 Battle Mountain 4452 Widow McCree 2417 Raymond, 19617 Gilman, 4312 Champion, and 4452 Peerless). 1 1. Item 6 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies the rights of Jack Elliot, Jack Patrick Elliot and Michael Elliot, as described and defined in Decree Quieting Title, Case No. 94 -CV -152, Division J, District Court, Eagle County Colorado recorded June 28, 2000, at Reception No. 733099, with respect to: (a) The right to sink a mining shaft from the surface of the ground to and into the quartzite formation in place, and to extend mining workings therefrom for operations in and below the said quartzite formation in place and all formations thereunder with such surface ground as may he reasonably needed for such shaft workings and operations, and (b) all ores extracted in the construction of the workings, as reserved by The Eagle river Tunnel and Mining Company n the Quit Claim Deed to the Empire Zinc Company, recorded March 3, 1917, in Book 85 at Pae 160. Affects U.S. Mineral Surve Nos. 11795 Fraction Kni t Te laz 8 ( Y , gh mP , Master, 11861 Joe Hill Nos. 4-9 & 15 and 12407 Century Nos. 1-5). 12. Item 7 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies an easement and right of way for a ditch, as granted by George E. Moffat and George F. Brock to the Fall Creek Company of Redcliff, Colorado by instrument recorded November 24, 1890, in Book 35 at Page 436. This easement is located in Eagle Bird Millsite MS 2644 which is west of U.S. Highway 24. This easement is not depicted hereon. 13. Item 8 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies a Right of Way Deed recorded September 28, 1927, in Book 106 at Page 546. This document describes a right of way (80) ft wide for the purpose of construction, maintenance and operation of an electric transmission line or lines, and/or distribution line or lines (Affects U.S. Mineral Survey Nos. , 1718 Ida May, 19496 Exchange, , 1289 J. Best, 2645 Longfellow, 1117 Blake, 603 Bertha, 1719 Tom Scott, and 2266 Hood) This Right of Way Deed gives insufficient information to depict said easement and right of way and therefore is not depicted hereon. 14. Item 9 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies a Right of Way Deed recorded September 28, 1927, in Book 106 at Page 548. _This document describes a right of way (80) ft wide for the purpose of construction, maintenance and operation of an electric transmission line or lines, and/or distribution line or lines (Affects U.S. Mineral Survey Nos. 8571 Hardscrabble and 13135 E.E.). This right of way is depicted hereon. 15. Item 10 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies a right of way deed recorded February 24, 1930, in Book 106 at Page 574. This document transfers property to the Colorado Department of Transportation for the creation of FAP 78-R (U.S. Hwy 24 right of way). The highway right of way described in this deed will be amended by a pending Colorado Department of Transportation U.S. Highway 24 Boundary Line Agreement. 16. Item I 1 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies a Right of Way Deed recorded November 8, 1939, in Book 116 at Page 570. This document transfers property to the Colorado Department of Transportation for the creation of FAP No 182-A(2) revised plat date September 29, 1939 (U.S. Hwy 24 right of way). The highway right of way described in this deed will be amended by a pending Colorado Department of Transportation U.S. Highway 24 Boundary Line Agreement. 17. Item 12 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies a Right of Way Deed recorded November 8, 1939, in Book 116 at Page 578. This document transfers property to the Colorado Department of Transportation for the creation of FAP No 182-A(2) revised plat date September 29, 1939 (U.S. Hwy 24 right of way). The highway right of way described in this deed will be amended by a pending Colorado Department of Transportation U.S. Highway 24 Boundary Line Agreement. 18. Item 13 on Exhibit B -Exceptions on Correction Special Waranty Deed recorded at Reception 932056 identifies a Right of Way Deed recorded November 8, 1939, in Book 145 at Page 574. This document grants Public Service Company of Colorado an 80 foot wide easement to construct and maintain an electric transmission and/or distribution line as granted by W.N. Buell. This easement affects MS 13135 E.E. Lode and is shown hereon. 19. Item 14 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies an Agreement/Containment Letter recorded November 26, 1954, in Book 145 at Page 579. This document grants Public Service Company of Colorado an 80 foot wide right of way to construct and maintain an electric transmission and/or distribution line across MS 8571 Hardscrabble Lode and MS 5246 Alice Lode. This right of way is depicted hereon. 20. Item 15 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies a Right of Way Easement recorded November 26, 1954, in Book 145 at Page 583. This document grants Public Service Company of Colorado an 80 foot wide right of way easement from the Empire Zinc Company to construct and maintain an electric transmission and/or distribution line across MS Nos. 899, 1138, 1228, 1241, 1242, 1249, 1272, 1719, 2647, 31 15, 3121, 4312, 4341, 4371, 6497, 7469, 7470, 7821, 17820, and 19993.Only that portion of said right of way is depicted hereon that is on the east side of the U.S. Highway 24 right of way and affects the subject property through MS Nos. 3115, 3121, 1228, 1249, 7470, and 19993. 21. Item 16 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies a Right of Way Easement recorded November 26, 1954, in Book 145 at Page 587. This document grants Public Service Company of Colorado an 80 foot wide right of way easement to install and maintain an electric transmission and/or distribution line and its appurtenances across MS 780 Cora and MS 782 Monument. This right of way is depicted hereon. 22. Item 17 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies a Right of Way Easement recorded March 10, 1966, in Book 192 at Page 243. This document grants Western Slope Gas Company an easement (50) feet in width to install, construct, maintain, alter, repair, replace, reconstruct, operate and remove pipelines and related appurtenances, fixtures, or devices for the transportation of gas or oil on, over and through MS 2322 Venrolt Lode. This easement does not affect the subject property. The easement however, is depicted on this survey as it was subsequently conveyed and a portion of the overall "Mainline" as described in the Agreement recorded in Book 201 at Page 93 which runs through the length of the property. 23. item 18 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies a Right of Way Easement recorded March l0, 1966, in Book 192 at Page 245 and an Agreement recorded May 21, 1965, in Book 201 at Page 115. Both documents grant Western Slope Gas Company an easement and right for the construction, maintenance and operation of a gas regulator station together with gas mains and facilities appurtenant to a tract of land located in the MS 3810 Allegheny Lode. The easement does not affect the subject ro and is not d icted on this J P PertY eP survey. 24. Item 19 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 identifies a Right of Way Easement recorded February 20, 1967, in Book 201 at Page 93. This document grants Western Slope Gas Company easements (50) feet in width to install, construct, maintain, alter, repair, replace, reconstruct, operate and remove pipelines and related appurtenances, fixtures, or devices for the transportation of gas or oil. The document describes the easements as the "Mainline" and the "Gilman Lateral". Both easements affect the subject property and are depicted on this surve . The le al descri tion forth na 1 i line easement recorded on Y g P e tura gas p pe book 201 page 93 contains errors of up to 60 -feet with respect to dimensional ties to mineral claim boundaries. Due to the legal description errors we are unable to accurately determine the precise location of this easement. A gas i eline locate was not erformed as art of this surve . Therefore we are PP P P Y , unable to determine the precise location of the easement and we are unable to confirm whether the physical gas pipeline is located within that easement. 25. Item 20 on Exhibit B-Exce tions on Correction S tial W arran Deed P Pe tY recorded at Reception 932056 identifies a Right of Way Easement recorded March 10, 1966, in Book 201 at Page 105. This document grants Western Slope Gas Company an easement (50) feet in width to install, constru4 maintain, alter, repair, replace, reconstruct, operate and remove pipelines and related appurtenances, fixtures, or devices for the transportation of gas or oil. The document describes the easement as the "Battle Mountain School Lateral", also referred to as "Mintum School Lateral". The easement does not affect the subject property and is not depicted on this survey. 26. Item 23 on Exhibit B-Exce tions on Correction S cial Warran Deed P Pe h' recorded at Reception 932056 acknowledges any rights, interests or easements in favor of the State of Colorado, the United States of America, or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of Willow Creek. Willow Creek is depicted on this survey. 27. Item 24 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 acknowledges any rights, interests or easements in favor of the State of Colorado, the United States of America, or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of Turkey Creek. Turkey Creek is depicted on this survey. 28. Item 25 on Exhibit B -Exceptions on Correction Special Warranty Deed recorded at Reception 932056 acknowledges any rights, interests or easements in favor of the State of Colorado, the United States of America, or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of Kiln Creek. Kiln Creek is depicted on this survey. 29. Item 26 on Exhibit B -Exceptions on Correction Special Waranty Deed i n 2 r f t fur f r our RoadP-124 recorded at Recept o 93 056 a ors to a ngh o ay o C ty No documentation is listed for this right of way. The surveyed location for the road centerline is depicted on this survey. 30. Item 27 on Exhibit B -Exceptions on The Correction Special Warranty Deed recorded at Reception 932056 refers to a right of way for County Road P-293 (Shrine Pass Road). No documentation is listed for this right of way. The surveyed location for the road centerline is depicted on this survey. 31. Item 28 on Exhibit B -Exceptions on The Correction Special Warranty Deed recorded at Reception 932056 refers to and easement and right of way to construct, operate and maintain its electric transmission and/or distribution line, as granted by Joseph Miller, W.M. Beck and Mrs. Anna Samm to Public Service Company of Colorado by instrument recorded November 26, 1954, in Book 145 at Pages 576, 577 and 578. The said three instruments describe the right of way as being across MS 7779 Maude S. Lode which is not part of the subject property and is not depicted on this survey. 32. Item 29 on Exhibit B -Exceptions on The Correction Special Warranty Deed recorded at Reception 932056 refers to an Agreement between The New Jersey Zinc Company and Public Service Company recorded November 20, 1964, in Book 183 at Pae 575. This document is a license to the ntee to g lean Bra construct a radio relay station, together with the necessary tower, guys, building, fence and other fixtures and devices used or useful in the operation of said radio relay station, on, over and across Grantor's Tom Scott Claim MS 1719 and within the boundaries of a circular area with a radius of 25 feet. The property is not subject to the easement area defined in this document as it is located west of the U.S. Highway 24 right of way and is not depicted on this survey. 33. Item 30 on Exhibit B -Exceptions on The Correction Special Warranty Deed recorded at Reception 932056 refers to a Right of Way Easement between Glen T. Miller and Western Slope Gas Company recorded August 17, 1984, in Book 392 at Page 666. This easement is 35 feet in width, to install, construct, maintain, alter, repair, replace, reconstruct, operate and remove a pipeline rectifier and ground bed and is depicted on this survey. 34. Item 31 on Exhibit B -Exceptions on The Correction Special Warranty Deed recorded at Reception 932056 refers to a Non-Excusive Easement for Well Decommissioning and Water Discharge, recorded October 22, 1999 at Reception No. 712668. The location of this easement cannot be determined per recorded document and is not depicted on this survey. 35. Item 32 on Exhibit B -Exceptions on The Correction Special Warranty Deed recorded at Reception 932056 refers to any and all right, title and interest of Public Service Company in and to subject property as evidenced by Decree Quieting Title, Case No. 94 -CV -152, Division J, recorded June 28, 2000, at Reception No. 733099. 36. Item 33 on Exhibit B -Exceptions on The Correction Special Warranty Deed recorded at Reception No. 932056 refers to a Right of Way Deed recorded May 18, 1934, in Book 116 at Page 266. In this document Gordon DeWitt Roberts and Ann Hart Roberts grant the Town of Redcliff an easement and right of way in gross over and across an undivided 2/3 interest in and to that certain portion of the Hardscrabble Lode M.S. No. 8571, embraced within the boundaries of the right of way of Bureau of Public Roads -Colorado Forest Project No. 486 Colorado 36-G, as recorded April I6, 1934 at Reception No. 56180. Said Item 33 also refers to a Right of Way Deed recorded August 27, 1934, in Book 116 at Page 293. In this document The Empire Zinc Company grants the Town of Redcliff an easement and right of way in gross over and across an undivided 1/3 interest in and to that certain portion of the Hardscrabble Lode M.S. No. 8571, embraced within the boundaries of the right of way of Bureau of Public Roads -Colorado Forest Project No. 486 Colorado 36-G, as recorded April 16, 1934 at Reception No. 56180. The U.S. Mineral Survey 8571 Hardscrabble is part of the subject property, however the Eagle County Clerk and recorder has no copy of said Bureau of Public Roads -Colorado Forest Project No. 486 Colorado 36-6 and therefore the right of way and easement is not depicted on this survey. 37. Item 34 on Exhibit B -Exceptions on The Correction Special Warranty Deed recorded at Reception No. 932056 refers to a Deed of Trust from Battle Mountain Corporation to the Public Trustee of Eagle County for the use of State Savings & Loan Association of Lubbock, to secure $4,150,000.00, dated September 1, 1983, and recorded September 12, 1983, in Book 368 at Page 85. 38. Item 33 on Exhibit B -Exceptions on The Correction Special Waranty Deed recorded at Reception No. 932056 refers to rights of ways and easements as shown on the survey by Johnson, Kunkel & Associates, Inc. dated November 4, 2004, Job No. EA04369. The rights of ways and easements shown on said survey are depicted on this survey to the extent they were accurate in content and location compared to Gamba & Associates, Inc. research and field survey measurements. 39. The Decree Quieting Title, Case No. 94 -CV -152, Division J recorded at Reception No. 733099 on Item B on Exhibit B indicates that the property is subject to the rights of the Colorado Department of Public Health and Environment under certain "Revised Consent Decrees" recorded July 23, 1986 in Book 445 Pages 683 and 684 of the Eagle County Real Property Records. 40. The Decree Quieting Title, Case No. 94 -CV -152, Division J recorded at Reception No. 733099 on Item C. L(b) on Exhibit B indicates Public Service Company of Colorado was granted a right of way 80 feet in width across MS 4527 Gold W edge in two Right of Way deeds recorded November 26, 1954 in Book 145 at Pages 575 & 580. The Gold Wedge Mining Claim is west of the U.S. Highway right of way and is not part of the subject property. Therefore, the easement is not depicted on this survey. 41. The Decree Quieting Title, Case No. 94 -CV -152, Division J recorded at Reception No. 733099 on Item E.2. on Exhibit B identifies a Right of Way Deed recorded October 25, 1939, in Book 1 16 at Page 573. This document transfers property to the Colorado Department of Transportation for the creation of FAP No 182-A(2) revised plat date September 29, 1939 (U.S. Hwy 24 right of way). The highway right of way described in this deed will be amended by a pending Colorado Department of Transportation U.S. Highway 24 Boundary Line Agreement. 42. The Decree Quieting Title, Case No. 94 -CV -152, Division J recorded at Reception No. 733199 on Item E.3. on Exhibit B identifies a Rule and Order, Case No. 89CV79 between State Department of Highways, Division of Highways, State of Colorado(petitioner) and Battle Mountain Corporation (respondents) recorded September 17, 1991, in Book 562 at Page 398. This document states parcels 101, 103 and 105 of Project No. BRF 024-1(24) has been lawfully taken by petitioner pursuant to the statutes and Constitution of the State of Colorado. The highway right of way described in this deed will be amended by a pending Colorado Department of Transportation U.S. Highway 24 Boundary Line Agreement. 43. The Decree Quieting Title, Case No. 94 -CV -152, Division J recorded at Reception No. 733099 on Item F. on Exhibit B identifies Right of Way Deed for Tigiwon Road (the "Tigiwon Right of Way") Recorded on October 24, 1949 in Book 35 at Page 72. This right of way is located west of the subject property and is not depicted on this survey. 44. The Decree ietin Title Case No. 94 -CV -152 Division J recorded at Qu g Reception No. 733099 has an Attachment I (to Exhibit B to Decree Quieting Title) on sheet 35. It should be noted this table lists several documents which copies were unattainable from the Eagle County Clerk and Recorder's office. The documents are the following PSCo. Doc Nos.: 14938, 101237, 38490, 38487,38335,38029,33054,37094 45. The Decree Quieting Title, Case No. 94 -CV -152, Division J recorded at Rece tion No. 733099 has an Attachment 1 to Exhibit B to Decree ietin ( Qr►r P g Title on sheet 35. It should he noted this table lists several tential ex ions Po � and/or encumbrances to the property which may or may not be depicted hereon. 46. This survey is based on research regarding the seniority or priority of the mineral claims relative to one another. Following is a table which provides a list of the mineral claims researched for this surve which have been sorted in Y order of priority. U.S. MINERAL CLAIM Cora Lode Belden Lode B e rtha Lode Little May Lode Eagle Bird Lode Cleopatra Lode Silver Wave Lode Argo Lode Ida Kruse Lode Little Nellie Lode Little Chief Lode Spirit Lode Aspen Lode Success Lode Clinton Lode Florence Lode J. Best Lode Charles Dickens Lode Little 011ie Lode Blake Lode Mexican Maid Lode Iron Mask Lode Little Belle Lode Highland Chief Lode Mamie Lode Buena Vista Lode Polar Lode Polar Mill Site Venus Lode Vulcan Lode King lis he r Lode Liverpool Placer Eagle Bird Mill Site Mars Lode Mercury Lode Neptune Lode Combined Discovery Lode F.C. Garbutt Lode John C. Godfrey Lode Bird Lode Louise Lode Little Chicago Lode Little Ella Lode Golden Terra Lode Comstock Lode Battle Mountain Lode Jennie Lind Lode Pacific Lode Raven Lode Godess OfLibertyLode Shenandoah Lode Fancy Lode Bullion Lode Great Eastern Lode First Chance Lode Tom Scott Lode Eclipse Lode Wyoming Valley Placer Heckley Lode Crown Point Lode Greenbolt Lode Longfellow Lode Black Iron Lode Little Topsy Lode Rob Roy Lode Rob Roy Mill Site May Queen Lode Matchless Lode Wande re r Lode Peerless Lode Silver Chord Lode Silver Lode Cleveland Lode U.S. MINERAL SURVEY NUMBER 780 602 603 4128 898 899 900 641A 826 827 1638 1138 698 19622 1241 1242 1289 5249 839 1117 1249 1272 1273 840 781 1569 1432A 1432B 5108 5108 1852 2087 2644-B 5108 5108 5108 3114 2391 2367 2419 2255 2256 2257 1969 1989 2258 2327 1472 1546 1547 1548 2301 2328 2302 6121 1719 2004 2838 2380 1291 2403 2645 2646 2647 2643A 2643B 1228 3664 3684 4452 3679 2958 3115 U.S PATENT DATE July 31, 1882 April 01, 1881 April 01, 1881 December 21, 1881 January 16, 1882 January 16, 1882 January 16, 1882 January 31, 1882 February 28, 1882 February 28, 1882 March 16, 1882 April 19, 1882 April 29, 1882 April 29, 1882 May 15, 1882 May 15, 1882 May 15, 1882 May 21, 1882 May 31, 1882 May 31, 1882 July 15, 1882 July 15, 1882 July 15, 1882 July 26, 1882 July 31, 1882 October 16 1882 November 15, 1882 November 15, 1882 June 17, 1891 June 17, 1891 January 15, 1883 January 15, 1883 January 18, 1883 June 17, 1891 June 17, 1891 June 17, 1891 May 07, 1886 June 30, 1883 July 28, 1883 September 24, 1883 September 24, 1883 September 24, 1883 September 24,1883 October 04, 1883 October 04, 1883 October 04, 1883 October 10, 1883 November 12, 1883 November 12, 1883 November 12, 1883 November 12, 1883 December 01, 1883 December 01, 1883 December 13, 1883 June 30, 1886 January 21, 1884 January 21, 1884 January 23, 1884 January 31, 1884 February 12, 1884 March 06, 1884 March 06, 1884 March 06, 1884 March 06, 1884 April 02, 1884 April 02, 1884 April 26, 1884 March 22, 1887 December 03, 1887 May 21, 1892 September 07, 1887 July 23, 1884 July 23, 1884 MINERAL LOCATION DATE (IF KNOWN January 06, 1883 January 06, 1883 June 13, 1883 June 13, 1883 June 13, 1883 June 25, 1883 September 18, 1883 COUNTY SURVEYOR'S CERTIFICATE December 18, 1883 Deposited this � day of �, 20�, at j0: Z� �.m. in Book�,of the Eagle Count Surveyor s Land Survey Plats/Rights- of-Way Surveys at Pagej�. This Land Survey Plat complies with Section 38-51-102, of the Colorado Revised Statutes. May 19, 1884 May 30, 1884 June 16, 18M June 24, 1884 O Z F_ w = V) • VW. N 0! w 70 UO 00W �u Z 0 O ,� � �3 Z wIL W W(A Wmgl zof o Z 0 30 W �4 ZZ • n a� rJ 50 W W 40 1� OW m � 14- •m VJZ O 43 3t Z w � Z 14- °W Nta J N� .,. (1) In M I- �Z Z �0 nz �1 U MM N W F a U O .,.i N a Q N [� dl V = m 0 X m Z 3 r m 0 -a U 9 0 W = N m a r 0 R N d � %A �a H d- &A z N 0 >_ 1 so Z as e o CY m- N = Z V w 2 d o 2 d e %^ a = w < � N v .r W " tu Ln O g N N = 5 M O / II C N N v . i- (i1 � w J Q � w W Z O � U W � < LU Q Q 0 a- >- 0- m Q 0 Y r = m U 0 am Z O_ N_ > iY Q O > O w � Z