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Surveyers Certificate - Baron Coal Co, Baron Coal Co_5/25/1993� � • • � •. eo R Rf c tF1> SURVEY OF PROPERTY OWNED BY FIVE STAR J FARMS, INC., 13EING A PART OF FRl�CTIONAL SECTIONS 17 AND 20, IN TO[•INSfIIP 1 SOUTH, RANGG 10 WEST, 4'HITE RIVER TOWNSHIP, GIBSON COUNTY, INDIANA. � �t I hereby certify that I have completed a survey this April i3, 1993, at the request of Baron Coal Co., Inc., for the purpose / of locating the boundaries of and writing a metes and bounds j description for real property as set out in Deed Record Drawer ✓ No. 4, Card No. 10813, in the Office of the Recorder of Gibson County, Indiana, and more particularly described as follows: The South Half of the Southwest Quarter of Fractional Section Seventeen (17), Township one (1) South, Range Ten (10) West, Gibson County, Indiana, containing eighty (80) acres, more or less. The West Half of the Fractional Northwest Quarter; the Northeast Quarter of the Fractional Northwest Quarter; and the North Ilalf of the Southeast Quarter of the I'ractional Northwest Quarter; all i❑ Section Twenty (20), Township one (1) South, Range Ten (10) West, Gibson County, Indiana, containing 120.30 acres, more or less. A part of the Fractional East Half of said Section Twenty (20), Township one (1) South, Range Ten (10) T•iest, bounded as follows: Beginning at a stone in the west line of said fractional half section, 15.85 chains south of the northwest corner of said fractional half section, and run thence East 11.10 chains; thence South 15.50 chains; thence West 6.35 chains; thence South 83'-z degrees West 4.45 chains to a stone in the public highway; thence North 15.95 chains to the place of beginning,'containing 17.65 acres, more or less. and containing in all 217,95 acres, more or less. A metes and bounds description for the above subject real property as recorded in Deed Record Drawer No. 4, Card No. 10813, dated January 4, 1982, in the Office of the Recorder of Gibson County, Indiana, is hereby submitted subsequent to a field reconnaisance and random traverse survey of the subject property. TFiACT I The South Half of the Southwest Quarter of Fractional Section Seventeen (17); Township One (1) South, Range Ten (10) �•]est, Gibson County, Zndiana and more particularly described as follows: Beginning at a stone (guarded by a 5/8 inch iron pin on the east side of said stone) found marking the southwest corner of said Section 17, and running thence North 00°-55'-17"East, along the west line of said section, for a distance of 1339.05 feet, to a stone (guarded by a 5/8 iron pin on the east side of said stone) found at the northwest corner of said South fialf; thence running along the north line of said South flalf, South 88°-59'-39" East, for a distance of 2660.51 feet, to an iron rod found on the half section line at the northeast corner thereof; thence al.ong the half section line, SOUTH (continued on page 2 of 6 pages) Stete o1 Indiana GIBSON COUNTY FILED FOR RECORD THIS DAY OF 0.D. 19_ AT P.M. 0.M. �i�Zl.I�Ger..t¢ "".`�'."�� Oounty Recorder Fee � �d'�� ON R.: F � ��i i ` P`��Q�'0` N oCA lc��^•, .� co r, � 11?39 •- ---- � s•nr� �r < ��'�i>c'`'�;.Q- . '4. � SUii'lE��(.�� v � ��.�-.-..�-� Marstan R. Fowler Jr. ^� R.R. 3, Box 389, Washinytun, Ind. 475�:1 Land Surveyor No. 112�0 812-254-4263 Page 1 of 6 payes � / / „ : �' � IN N7AITE � FIVE OF Fi OF P � [VE � 7 AND ��1 (said half section line is the bearing reference for all course calls in this description) for a distance of 1394.25 feet, to a stone found, (guarded by a 5/8 inch iron pin) at the southeast corner of said half quarter section; thence running North 88°-53'-15" L4est, along the south line of said Section 17, for a distance of 2682.14 feet, to the point of beginning, containing 82.270 acres, more or less. Subject to any and all easements of record and all legal highways and rights-of-�aay, including but not limited to Oil, Gas, Coal and Electric Power Transmission Towers and Lines Easements and/or leases (Drawer 1, Card 5444, 9/27/72) TRACT II A part of the Fractional Northwest Quarter of Fractional Section 20, Township 1 South, Range 10 �9est, White River Township, Gibson County, Indiana and more particularly described as follows: Beginning at a stone (guarded by a 5/8 iron pin) at the northwest corner of said Fractional Northwest Quarter; and running thence along the north line of said Fractional [VOrthwest Quarter, South 88°-53'-15" East (said north line being the bearing reference for all course calls in this description) for a distance of 2682.14 feet, to a stone (guarded by an iron pin) at the Northeast corner of said Fractional Northwest Quarter; tlience along the half section line, South 00°-35'-44" �9est for a distance of 1063.16 feet to a stone (guarded by a S/8 inch iron pin); thence continuing along said half section line, South 00°-OS'-07" East for a distance of 919.73 feet to the center of a 48 inch tree, at the southeast corner of the North Half of the Southeast Quarter of the Fractional North�vest Quarter; thence along the south line of said North Half, North 89°-17'-11" West for a distance of.1354.74 feet, to an iron pin found (guarded by a steel fence post) at the southwest corner of said North Half of the Southeast Quarter of the Fractional Northwest Quarter; thence along the west line of said Southeast Quarter of the Fractional Northwest Quarter:, South 00°-55'-39" [9est for a distance of 676.56 feet, to an iron pin found on the half section line, at the southwest corner of said Southeast Quarter of the Fractional Northwest Quarter; thence along said half section line North 89°-02'-49" West for a distance of 310.81 feet, to an iron pin found in an existing fence line on the east line of Location #118; thence running along said east line of Location y718, North 01°-06'-48" East for a distance of 764.30 feet to an iron pin found on the line dividing Location 118 from the Fractional Northwest Quarter of Section 20; thence along said line dividing Location p118 from said Fractional Northwest Quarter of Section 20, North 88°-40'-30" West for 1032.75 feet to an iron pin found at an existing corner post; thence North 00°-39'-56" East, along the west line of said Fractional Northwest Quarter of Section 20 for a distance of 1896.42 feet, to the point of beginning, containing 125.085 acres, more or less. Subject to any and all existing easements of record and all legal highways and rights-of-way, and all Oil, Gas and Coal Leases. ��J��'('�N A. RQ'� Yr . Q' No �'p !�' ? 1123B .. ,... � STAT� 7F � � < ^'Oi � � 'G��bry� s q�t,�0� .i" �'�`� � ��K`�� Diarston R. Fowler R.R. 3, Box 389, Washington, Ind. Land Surveyor No. 812-254-4263 April 13, 1993 Page 2 of 6 pages Jr. � 47501 11238 0 /; � • � � SURVEY OF PROPERTY 0[4NED BY FIVE STAR J FARMS INC ATED IN FRACTIONAL SECTIONS 17 AND 1RACT III A part of the Fractional East Half of Fractional Section 20, Township 1 South, Range 10 West, I9hite River Township, Gibson County, Indiana, and more particularly described as follows: Beginning at a Stone found (guarded by a 5/S inch iron pin) located on the west line of said Fractional East tlalf of Section 20, being South 00°-35'-44" West a distance of 1063.16 feet (Deed call 15.85 chains/1096.10 feet as set out in Drawer N4, Card N10812) from a stone at the northwest corner of said fraction half section (said half section line being the bearing reference for all course calls in this description); running thence South 89°-32'_12" East for a distance of 732.60 feet (through an iron pin found at 728.27 feet) to an iron pin set (guarded with a 48 inch wood lathe) in the bottom of a creek; thence South 01°-11'-28" West for a distance of 1020.72 feet (Deed call 15.50 chains/1023.00 � feet as set out in said Drawer N4, Card #10812) to an iron pin found in the center of a County Road; thence WEST for 419.10 feet; thence South 84°-50'-03" West for 291.88 feet (Deed call South 83'-z degrees West 4.95 chains/293.70 feet as set out in said Drawer y9, Card 1/10812) to the west line of said fractional half section; thence North 00°-O5'-07" West (through an iron pin found at 1.05 feet) for a distance of 1052.70 feet (Deed call 15.95 chains/1052.70 feet) along the west line of said fractional east half section, to the point of beginning, containing 17.033 acres, more or less. Subject to any and all existing easements of record and all legal highways and rights-of-way, including Oil, Gas, and Coal Leases and Power Line easements. Containing in all three (3) Tracts, 224.388 acres, more or less. I, Marston R. Fowler Jr., also certify that I am a Registered Land Surveyor, licensed in compliance with the Laws of the State of Zndiana; that the plat of survey represents a survey completed by me in accordance with the minimum standard detail requirements for and ALTA/ACSM Land Title Survey, and in accordance with IAC 865 of the Indiana Administrative Code, within the specifications for a Class "C" Survey (0.50 feet) as defined therein; and that the locations of the monuments called are,to the best of my knowledge and belief, true and correct. ,`pN R. FO� ' Q�� i `� N�O A� a >>t3s � � tTAT� �F � �, �!�'�,A.r�'�Q 1� �� Slhi�lQy,6'��}' G'%�� i,-, '� �,-`.�_/ � [�farston R. Fowler R.R. 3, Box 389, washington, Ind. Land Surveyor No. 812-254-4263 April 13, 1993 Page 3 of 6 pages n� Jr. 47501 11238 � . � � • � � � �. SURVEY OF PROPERTY t FNE STAR J FARM: �iT/� INC., 17 AND 20, WEST, CY. INDIANA. To Baron Coal Company, Inc. and To �9hom It May Concern: This is to certify that this map or plat and the survey on which it is based were made in accordance with "Minimum Standard Detail Requirements for 11I.TA/Acsm Land Title Surveys" jointly established and adopted by 11LTA and ACSM in 1992, includes items 4, 10, 11, and 12 of Table "A" thereof, and pursuant to the Accuracy Standards (as adopted by ALTA and ACSM and in effect on the date oi this certification of a"Rural" Survey. �, ,�. �Q�E �"� tu PLAT OF SORVEY B/•D 9,ac. �jQ.�S.�94o j /��. SONE � � F�°, i ��BB = S= 39'6 � W�i. p 9 2GG0. = lJdAFO � � / // � � / eJ Or� � i lW � T...ea / 1 � / � o �� h � ", � o , 2 �� °,�' �� 8 � o� � ti o �0.8. � sw.e,,�E2 Fiz.$e[. /7 p�� i o. P. )�/k��eiJFJL li STeue �FyQ•Al/t��OaG %e4uD� �11 S'EG. QD 4�/. P.6ua.eo y N M �� a �U vuC�`� �� 4� � �� CI � � � h �/L WLw �AG'T I (� � j7cc o) o,� � W�. Weu. v � ��EL� � be.sf' C�aaD32�/ �j � �i 2. 290 L A. r�e�. S/ «s�✓yr aF -�.�T. s�a. i� Tr-s. �io-ul �re S,-,o.c T�-e,rys. �� . .�r�o,v Li,•�� Fa. S�. n,f/6'B° 53'-/5 �✓ 588° 53'-/5'� Fo_ S�.2o �i�� i� QiL WEU- ,��p R. F 0`44 Q4� 1ST� ��F�% rQ � No �O 9' � 11T38 T S�AT' ')F �� <,, 'ti°i,,�c+%foQ-,a;: �'e.Y� SU1�'+� 1��• %�r7� � /2SOBS�'`' (�20. e �cEo) �/ � 0/[. �Qi Q� fRAC. �'�'/�fL iF M'rt< �-� .�ec. 2o T-/-5, L�-io. k/. � �/FJ S��v L�ov.�r�/ /,voii9,u,b T/VE ST/J.2 T�,v�y�f �G. � ��9° yo '3o'i<! /o3z.�5 ��,,, �?N �uu� L/UG' ��I S'R'EL {�05 +aacr.5�c.2a do.o.v�, � /.A.9T/a.rl //B � %PbY' �u �o.Vo � P.� � f��CF�/�¢2ect_ � �B.3�• �� Q's, G�3�U l�� G. l�,a� � /�QoN �iN �rvve� /F1 T£tKE 04 �5/L✓VF A' Cce�7/eM //6 � a Fe�u.,v. .� � � � � 1 � �o PQ H �n e� Vl ?O.A. SToNe �ouan ✓�1.0. flvAaO e.v. ; i� n ,o O .� � CL �E Taee . ScR� � „_ Soa, � T �Ru�� /�F Zy3 A`. �12�y. G�9QU/oo3 VE �uup I P. G�A� � «_ L.,(vtB 6�Be�� DR 8 /GO, �- 28z L.P. - R✓e� osr /. � - ��'e°"' ' � , �O.B.' /e/NTeF dEb�,°.✓inC-, � pP.- Dan...gc � Oa0- DE6p.ZECO� B��K /fad �N � �NC�efeC -�FS � S89° 3= �' 2 � �% 73L. �' -%it�57Az J'F�c /.�.. � � Y � � �,Q9GT � � � � a � l�TN D/.�J G<O/��i ��1C \ '� l(� . h /7 033 � p � /7•GS"-`�acu) Q Q � � ; oteo: s e�-- �� Y h A �,�'KU.� 0 \ V " /35dG 9s�. ` B��sp,o4d �e oS'r s � �i�a-.�� 2..�^--�.2-.Q--�S . .�—�s�-cao. i o p� T/iAadc� Marston R. Fowle�9 r. �m `^1 N /8. S�$�' � � � �a.�S�oao R.R. 3, Box 389, a� 0, �q �y,f3 washington, Ind. 0 o Land Surveyor No. � � �Q.uo�F.�,,,, 812-254-4263 ",�/�'oL�,�y /sr� g,� A pr i 1 13 , 19 9 3 o-- 6i,.<. page 4 of 6 pages � /O.S!'\ �L�O. v. 47501 11238 ti�9.io /.i ��o. i,v � LiAO � / m � � i � SORVEYOR'S REPORT In accordance with Title 865, Article 1.1, Chapter 13, Sections 1 through 34, of the Indiana Administrative Code, the following observations and opinions are submitted regarding the various uncertainties in the locations of the lines found and/or established on this survey as a result of: Variances in the reference monuments; Discrepancies in record descriptions and plats; Inconsistencies in lines of occupation and; Random errors in measurement (Theoretical Uncertainty); The Theoretical Uncertainty (due to random errors in measurement) of the corners of the subject tract established on this survey is within the specifications for a Class "C" Survey (0.50 feet) as defined in ZAC 865. The survey was performed using an Electronic Distance Meter and random area traverse, with double triangulation to control the accuracy with certainty. There are no improvements property. apparent encroachments of buildings or other appurtanent to the surveyed property or to adjacent The report for the respective Tract I, II or III is as follows: TRACT I The entire 82.70 acres tract is encompassed by stones (guarded by iron pins) found at the northwest corner; the southwest corner (point of beginning); and the southeast corner; and an iron rod found at the northeast corner. The [Vorth, F7est and East lines are generally defined with farm field type fence, although it meanders along the line. The South line of this tract is not marked by physical features other than the stones at each corner, due to the common ownership of the adjoining property to the south. The subject Tract Z is traversed across the north west corner by a PSI Power Transmission Line, as set out in Drawer #1, Card �5444, which calls for the center of said line crossing the north line at a distance of 735.2 feet east of the northwest cvhile an actual measurement indicates 792.9 feet east of said northwest corner. — It also calls for the centerline to cross the west boundary of said Tract I at a distance of 239.45 feet South of the northwest corner while an actual measurement indicates 243.5 feet south of said northwest corner. The subject tract has producing Oil wells situated on said property premisis. TRP,CT II The northwest corner and the northeast corner of Tract II are marked by stones guarded with 5/8 inch iron pins; while the southeast corner falls in the center of a 48 inch diameter tree (Sycamore). The southwest corner of the Fractional Southeast Quarter of the Northwest Quarter was found to be marked with a 5/8 inch iron pin guarded by a steel fence post painted green. (continued on page 6 of 6 pages) /� ��1;��u11/p �%CL'�,-.. K . ��' `�'`'`�`�/` �,�'� au N q F'�/i� Marston R. Fowler Jr. " ��'� • �k�4�4� R.R. 3, Box 389, � Q�� Q,� ofA�, i��'ty Washington, Ind. 47501 '� � A R Land Surveyor No. 11238 �� tt23e A� 812-254-4263 STqT� �F '� April 13, 1993 �� 1r,p�Arp' Q�¢� Page 5 of 6 pages �� .c� ,cz.�ey�,�`�r - ' ?•�.,�;�_,�,�.•.i.. � � � . '�— _ � ; � ; � � � � SURVEYOR'S REPORT CONTZNUED A portion of the southwest corner of Locationt118,1To�nshipst Quarter of Section 20 is occupied by 1 South, Range 10 41est, and the metaTentaboundarydofCSaidion herein submitted identifies the app Location 118 as it affects the subject Tract II. Tract II has active Oil Wells situated on the premisis, as well as an ingess and egress access across it for the benefit of Tract I. The southwest corner of Tract II is crossed by a blacktop County Road, and the southeast corner is located in the center of the same County Road, although the road meanders off the subject tract for the majority of it's south boundary. TRAC_� Tract III contains 17.033 acres as compared to Cardl#10812. acres as set out in the Deed'Record Drawer #4, The northwest corner (point of beginning) is marked by a stone called out in the Origo alaD�eof�itls lengtheto the boundary is fenced for a maj P creek. The east line of said Tract III is fenc�o �hereastn the line adjoining the James Stephen's property The southwest corner is 1.05 feet Souta stee�lsfe�nce post). from an existing iron pin (guarded by The northeast corner was marked with an iron pin (guarded with a wood lathe) in the center of a creek at a point which is 4.33 feet.South 89°-32'-12�� East from an iron pin found. The-southwest �nearrthelcentertof�antoldeabandoned roadway. and apparently The intermediate point on the south side falls aandn15n7rfeet edge of an existingnband9steelrfenceapostrset/by others. south of an iron p There are no apparent Oil Wells existing on this Tract III, but a Power Pole with tfurninhing electrictpower toetheuwellde of said tract probably as their power source pumps situated in Tracts I and IZ, is buried and not superficially visible. R. �Py � �r � � N o O '9 � �+tae � STAT° 7pf�� S �hOio,c�/OQ'3F . �3hy._ SUPN� .+r �-,�� Marston R. Fowler Jr. R.R. 3, Box 389, �9ashington. Znd. 47501 Land Surveyor No. 11238 g12-254-4263 `A April 13, 1993 Page 6 of 6 pages