HomeMy WebLinkAbout11298. 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