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116535. A right-of-way deed recorded in Book 106 Page 574 dated February 24, 1930, from the Empire Zinc Company to Eagle County, affects H.E.S. 40 and is identical to the right-of-way for U.S. Highway 24 as described on Colorado State Highway Department - Plan and Profile of Proposed Federal Aid Project No. 78-R - State Highway No. 4 - Eagle County - Right of Way Map No. 1A - Revised September 11, 1929. This right-of-way is amended in accordance with the aforementioned Colorado Department of Transportion U.S. Highway 24 Boundary Line Agreement. 36. An easement and right-of-way deed recorded in Book 140 Page 175, dated May 20, 1954, from the New Jersey Zinc Co. to the Town of Minturn provides a legal description for three separate easement and right-of-way tracts for pipelines, a dam and a reservoir. One of the tracts, a 10 -ft. wide pipeline easement is located within the subject property and affects the portion of the subject property known as the "Nelson Addition" as described in Book 131 Page 76, and is depicted hereon. It should also be noted that the pipeline easement described in Book 140 Page 175 appears to closely reflect the location of the Minturn Water Works pipeline as depicted on a document titled "Minturn, Colorado - Water Supply Improvements - General Map & Index", dated August 1963, and prepared by C.H. Hoper and Associates, Utilities Engineers, and certified by Ronald C Mclaughlin P.E. 2871. It should further be noted that the waterline easement noted above as described in Book 116 Page 502, which is not depicted hereon due an error in the legal description of approximately 218 -feet, was also conveyed to the Town of Minturn for the "maintenance, operation and use of the pipeline of the Water System of the Town of Minturn." The general geometry of the easement described in Book 116 Page 502 does not appear to reasonably resemble any portion of the easement described in Book 140 Page 175 and the waterline alignment as depicted on the above referenced map by C.H. Hoper and Associates. 37. A 50 -ft. wide oil and gas transportation easement is described in the document recorded in Book 201 Page 105 through 113, dated February 20, 1967, from the New Jersey Zinc Co. to Western Slope Gas Company. Said easement affects the portion of the subject property known as the "Nelson Addition" as described in Book 131 Page 76, and is depicted hereon. 38. A Water Rights Agreement recorded in Book 368 Page 80, dated September 5, 1983, between Glenn T. Miller, Battle Mountain Corporation, Gulf & Western Industries, Inc., and State Savings & Loan Association of Lubbock, may be applicable to and may affect the subject property. 39. An Exception from H.E.S. 46 is described in the Deed and Agreement recorded in Book 380 PG 574, dated March 13, 1984, from Gulf & Western Industries, Inc. to the Eagle County School District RE 50J and affects H.E.S. 46. Said exception is depicted hereon. 40. Resolution # 85-16, a Resolution of the Board of County Commissioners, County of Eagle, State of Colorado, dated February 28, 1986, is recorded in Book 407 Page 293. The resolution approves a Special Use Permit for the use of a Mobile Home Park within the Resource Zone District. The legal description included with the resolution describes property that is primarily located within the H.E.S. 46 Exception Parcel described in Book 380 PG 574 as referenced above. However, a portion of the property described in the Resolution extends into the portion of H.E.S. 46 that is part of the subject property. The portion of the subject property affected by this Resolution is depicted hereon. 41. A Quit Claim Deed for an easement for access and utilities is recorded in Book 424 Page 539, dated September 9, 1985, between Battle Mountain Corporation and the Eagle County School District RE 50J. The legal description for the easement provided in this document is incomplete, and is therefore not depicted on this survey. However, a subsequent Quit Claim Deed for an easement for access and utilities is recorded in Book 424 Page 977, dated September 13, 1985, between Battle Mountain Corporation and the Eagle County School District RE 50J, and which includes a complete legal description. This easement affects the portion of the subject property known as the "Nelson Addition" as described in Book 131 Page 76 and H.E.S. 46. The legal description provided with this deed includes an error of approximately 10.47 -feet. However, we believe that the easement can be reasonably located and is therefore depicted on this survey. 42. The document recorded in Book 500 Page 765, dated February 21, 1989, from the Eagle County School District RE 50J to Gulf + Western Inc provides for an Easement across the H.E.S. 46 Exception Parcel as described in Book 380 PG 574 for the purposes of constructing, inspecting, operating and maintaining an underground diversion trench and a surface collection ditch with appurtenances thereto. Generally, this easement is for the benefit of the entity that is responsible for the maintenance and operation of the Consolidated Tailings Pile, Tailings Ponds and Treatment Facilities that is located on the subject property. This easement is depicted on this survey. 43. A Rule and Order, from Case No. 89CV79, District Court, Eagle County, Colorado dated August 22, 1991 between the State Department of Highways, Division of Highways, State of Colorado and Battle Mountain Corporation is recorded in Book 562 Page 398. The Rule and Order grants title of certain described parcels of land to the Colorado Department of Highways that was previously owned by Battle Mountain Corporation. The parcels of land described are located within H.E.S. 40 and are identical to the right-of-way for U.S. Highway 24 as described on State Department of Highways - Division of Highways - State of Colorado - Right of Way Plan of Proposed Federal Aid Project No. BRF 024-1(24), dated 7-28-1989. This right-of-way is amended in accordance with the aforementioned Colorado Department of Transportion U.S. Highway 24 Boundary Line Agreement. 44. The property benefits from an existing roadway that traverses U.S. Forest Service property between U.S. Highway 24 and the northern boundary of the portion of the subject property known as the "Nelson Addition" as described in Book 131 Page 76. The existing roadway is approximately 20 -feet in width. 45. Underground utilities including water pipelines, natural gas, electric, telephone or cable television utilities may exist outside of easements depicted or noted on this survey. 46. The property may be subject to the effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service, street improvement area, or special improvement district. SURVEYOR'S CERTIFICATE I, Michael J. Gamba, do hereby certify that I am a Professional Engineer and Professional Land Surveyor licensed in the State of Colorado; that this Land Survey Plat is true and correct and prepared by an actual on -the -ground survey of the real property conducted by me, or under my direct supervision, between June 1, 2011 and August 21, 2018; and that such survey conforms with the minimum requirements for Land Survey Plats as defined in C.R.S. 38-51-106. In Witness Whereof, I have set my hand and seal this 7th day of February, A.D., 2019. P.E. & P.L.S. #28036 COUNTY SURVEYOR'S CERTIFICATE Deposited thisday of 20, at P.m. in Book ° of the Eagle County Surveyor's Land Survey Plats/Rights-of-Way Surveys at Page NXIC5. This Land Survey Plat complies with Section 38-51-102, of the Colorado Revised Statutes. ". #Q10& County S eyor C645 d z uJ w LU :I -- LO cn • N �to Z 0 0 OD U W > U Z tto� Z VJ� W Wa WN Q ,_Znno V W m U$iQc7 Imco `J o Q' 1 �W 4- W (n ZO x O a W3:11z C5 Ln W �F- NN � tci i NZ IQ0o2 �U n N F M W a �u O U) N a V � � m O m Z J m LJIUI -r N I� aCD N s i.A � L Ln 0 c a N ca ca 1L D 7 O i m ® uJ Q LU d N W d `^ o QW s V Z _ N O Z O M � o u; F LU U U U V) = v� a w O 0 am Q 0 =m U LU Q Q m z O LLI LU Q 0 Lw O �z