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APPOINTMENT OF THOMAS O'ROURKE AS AGENT FOR OWNER <br />OWNERS: Ralph Vernon Rominger <br />1, TIE UNDERSIGNED, am the owner of the following described property and do hereby <br />appoint Thomas O'Rourke, O'Rourke Excavation, Inc, on this Z'ifl- day of .6. , G, as our <br />agent for any purpose regarding regulatory agencies, including but not limited to the Colorado <br />Division of Reclamation, Mining and Safety and Rio Grande County, Colorado, for the proposed <br />O'Rourke Pit, described by metes and bounds as follows: <br />LEGAL DESCRIPTION OF O'ROURKE PIT <br />(A portion of the above described Rominger Tract) <br />A parcel of land located in the Southeast Quarter (SE 1 /4) of Section 21, Township 40 North, <br />Range 6 East, New Mexico Principal Meridian, Rio Grande County, Colorado, containing 10.45 <br />acres, more or less, which parcel is rnore particularly described b� metes and bounds as follows, <br />to -wit: <br />Commencing at the southeast corner of the Rominger Parcel, a point on the northerly <br />limit of the right of way of the old Colorado State Highway No. 374 which is now County Road <br />West Road 7 North, whence the southeast corner of said Section 21 bears S 89 153.5' E, 1343.41 <br />feet distant; thence <br />S 88 024' W, 10.00 feet along the northerly limit of said West Road 7 North to the True Point of <br />Beginning for the southeast comer of the O'Rourke Pit parcel; thence S 88 °24' W, 233.20 feet <br />along the northerly limit of said West Road 7 North right of way to a concrete marker thereof <br />with brass plat; thence N 88 °56' W, 98.99 feet along the northerly limit of said highway right of <br />way to the southwest corner of the O'Rourke Pit parcel herein described; thence N 196' W, <br />1287.80 feet to the northwest corner of the p O'Rourke Pit parcel herein described; thence S <br />73 048' E, 375.92 feet to the northeast comer of the O'Rourke Pit parcel herein described; thence <br />S 00 020.5' E, 1177.77 feet to the True Point of Beginning, containing 9.80 acres, more or less. <br />This tract is subject to any and all existing easements including but not limited to an <br />easement along the north boundary for an existing irrigation head ditch lateral and an <br />existing overhead power line. <br />The owner of this property hereby authorizes Thomas O'Rourke to act on his behalf and proceed <br />with obtaining a Reclamation Permit from the State of Colorado for the above described property <br />and to be the operator of said pit. <br />SIGNED: <br />Lph#emon Rominger <br />State of (�0111-dlg- ) <br />County of ki'o Or to SS <br />The foregoing instrument was acknowledged before me this day of 2012, <br />by nw2a Vernonaominger. ,: <br />Not Public <br />My Commission Expires: <br />