HomeMy WebLinkAbout20123158.tiff CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The UNIFIED TITLE COMPANY OF NORTHERN COLORADO hereby certifies that it has made
a careful search of its records, and finds the following conveyances affecting the real estate
described herein since August 30, 1972, and the most recent deed recorded prior to August 30,
1972.
LEGAL DESCRIPTION:
That part of the SW1/4 of Section 27, Township 1 North, Range 63 West of the 6th P.M., County
of Weld, State of Colorado. (See Special Warranty Deed recorded February 23, 2011 at
Reception No. 3752223 for complete description)
CONVEYANCES (if none appear, so state)
1. Special Warranty Deed recorded February 23, 2011 at Reception No. 3752223.
2. Quitclaim Deed recorded May 12, 2010 at Reception No. 3692674.
3. Special Warranty Deed recorded May 12, 2010 at Reception No. 3692673.
4. Special Warranty Deed recorded May 1, 2009 at Reception No. 3619941.
5. Personal Representative's Deed recorded June 25, 2008 at Reception No. 3563030.
6. Decree of Final Settlement recorded March 16, 1972 in Book 664 at Reception No.
1585732.
7. Supplemental Affidavit recorded March 16, 1972 in Book 664 at Reception No. 1585731.
8. Will recorded March 16, 1972 in Book 664 at Reception No. 1585730.
The certificate is made for the use and benefit of the Department of Planning Services of Weld
County, Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a
guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is
hereby limited to the fee paid for this Certificate.
CH) 3690 W 10th Street 2nd Floor
Greeley,CO 80634
gintiffeer Phone 356-3551
TITLE COMPANY Fax 356-2063
In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this
certificate to be signed by its proper officer this 2nd day of May, 2012 at 5:00 P.M.
Company: UNIFIED TITLE COMPANY OF NORTHERN
COLORADO
rized S' nat e
eRecorded in Weld County,CO Doc Id: 3752223
02/23/2011 04:46 P
Page: 1 of 3 Total Fee: $25.10
Steve Moreno, Clerk and Recorder
SPECIAL WARRANTY DEED
THIS DEED,made on this day of 4 h a:3,.Z 11( ,2011.between Summit Bank&Trust,a
Colorado Corporation of the County of Adams and State of Colorado,Grantor(s),and Prospect Valley Grain,
LLC,a Colorado Limited Liabilly Company whose legal address is:0949 WCR#57,Keeaesburg,CO 80643 of
the County of Weld and State of Colorado,Grentee(s):
WITNESS,that the Grantor,for and In consideration of the sum 01(341,000.00)
Forty One Thousand DOLLARS
the receipt and sufficiency of which Is hereby acknowledged,has granted,bargained,sold and convoyed,and by
these presents does grant,bargain,sell,convey and confirm unto the Grantee(s),their heirs and successors and
assigns forever,Individual all the real property,together with improvements.if any,situate,lying and being in the
County of Weld and State of Colorado,described as follows:
That part of the SW 1/4 of Section 27,Township I North,Range 63 West of the 61h P.M.,South of the
Prospect Lateral,described as follows:
Beginning at the Southwest corner of said Section 27;
Thence North along the West line of said Section to the South right of way line of the Prospect Lateral;
Thence in a generally Easterly direction along the South right of way line of said Prospect Lateral to the point
of intersection with the North-South centerline;Thence South along said centerline tothe South quarter
corner of said Section;Thence West along the South line of said Section to the Southwest corner thereof,the •
place beginning,County of Weld,State of Colorado. •
Also known by srrcet and number
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging.or in anywise
appertaining and the reversion and reversions,remainder and remainders,rents,issues and profits there or.and all
the estate,right title interest,claim and domand whatsoever of the Grantor(s),either in law or equity,of,in and to s
the above bargained premises,with the hereditament:and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances,unto the
Grantor(s).his heirs,successors and assigns forever.The Grantor(s),for bimselG his heirs,successors and assigns,
does covenant,and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession:affix Grantee(s),his heirs,successors and assigns,against all and
every person or persons claiming the whole or any pat thereof,through or under the Grantot(s).
Subject in any event to the matters set forth on Exhibit A attached hereto and incorporated herein.
IN WITNESS WHEREOF the Grantor(s)have executed this deed on the date set forth above.
sere itnant&Trust
•Co dororpodloa \\ar
By: enarth3.Fiuttovo,ZyyP.CCO
STATE OF IOWA )
ps
COUNTY OF DUBUQUE )
The fprpgoiog instrument cops c
acknowledgedJ e
before me on this day of t✓`( 3 1 .20 i
By YArrrela, 0 .3n /
My commission expires �-l W -1 2
Witness my hand and official seal.
Notary Public 4417
a Mt PAMELA S. LUECKE
o y. Commission NNuumbeet 739723
sows My I tO�1�S
When Recorded Return to:
Prospect Valley Grain,LLC
0949 WCRa67
K•encsberg,CO 80643
Farm 3953 09/3004 spev.wd.bbnk.dot
eRecorded in Weld County,CO Doc Id:3752223
02/23/2011 04:46 P
Page:2 of 3 Total Fee: $25.10
Steve Moreno, Clerk and Recorder
Exhibit A
To
Special Warranty Deed
1. Taxes and assessments for the year 2010 and subsequent years,a lien not yet due or
payable.
2. Water rights,claims or title to water.
Note: Water rights,claims or title to water,whether recorded or not.
3. Rights of way for County Roads 30 feet on either side of Section and Township lines as
established by the Board of County Commissioners for Weld County, recorded October
14, 1889 in Book 86 at Page 273.
4. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals
underlying the land, the exclusive right to prospect for, mine and remove oil, coal and
other minerals, and the right of ingress and egress and regress to prospect for, mine and
remove oil, coal and other minerals, as contained in deed recorded October 5, 1904 in
Book 217 at Page 218,and any and all assignments thereof or interests therein.
Note: Mineral Deed by and between Union Pacific Land Resources Corporation and
Champlin Petroleum Company was recorded January 25, 1978 at Reception No.
1742593.
Note: Release and Quit Claim Deed by and between Union Pacific Railroad Company
and Union Pacific Land Resources Corporation was recorded December 17, 1998 at
Reception No.2661201.
Note: Request for Notification of Surface Development recorded May 28,2002 at
Reception No.2954627.
5. Any and all right of way for the Prospect Lateral, as the same now exists on said land,
which is not defined by a recorded instrument.
6. Notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed
with the Weld County Clerk and Recorder as disclosed by the following instruments:
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at
Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at
Reception No. 1979784.
(c) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 at
Reception No. 1874084.
(d) Western Slope Gas Company, recorded April 2, 1983 in Book 990 at Reception No.
1919757.
eRecorded in Weld County,CO Doc Id:3752223
02/23/2011 04:46 P
Page:3 of 3 Total Fee:$25.10
Steve Moreno, Clerk and Recorder
(e) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 at Reception
No.2004300.
Note: These Notices are general and do not necessarily give notice of underground
facilities within the subject property.
7. Terms, conditions, provisions, agreements and obligations specified under the Oil and
Gas Lease from Champlin Petroleum Company to Amoco Production Company, which
was recorded January 25, 1978 in Book 821 at Reception No. 1742594.
8. The effect, if any, imposed upon said land by reason of its inclusion into the letter
notifying land owners of the intent to create a toll road expressway for the Prairie Falcon
Parkway Express, as set forth in instrument recorded January 5, 2007 at Reception No.
3445894.
9. Terms, conditions, provisions, agreements and obligations specified under the
ALTA/ACSM Land Title Survey, which was recorded October 17,2008 under Reception
No. 3584939.
10. Terms, conditions, provisions, agreements and obligations specified Easement Deed
recorded May 1,2009 under Reception No. 3619952.
11. The effect of Colorado Ground Water Commission Findings and Order recorded May 19,
2010 at Reception No, 3694277
12. Deed of Trust from PV Water II LLC to PC Servicing Co: LLC to secure indebtedness in
the original principal sum of$80,000,000.00 dated April 30, 2008 and recorded May 9,
2008 at Reception No. 3552850 in the records of the County Clerk and Recorder of Weld
County, Colorado,as amended.
Note:Said deed of trust affects only the easement deed as referenced in number 10
above.
(111111 11111 111111 111111 III 111111111111111 I��I� III!till
674 3692674 05/12/2010 09:21A Weld County CO
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Otten,Johnson.Robinson,Neff&Ragonetti,P.C. ���
950 Seventeenth Street,Suite 1600 State Documentary Fee
Denver,Colorado 80202 Date
Attention; Andrew J.Schwartz $
SPACE ABOVE THIS LINE FOR RECORDER'S USE
QUITCLAIM DEED
[Statutory Form-C.R.S. §38-30-116]
[CONVENIENCE DEED-NO DOCUMENTARY FEE REQUIRED)
PV WATER III, LLC, a Colorado limited liability company ("Grantor"), whose street
address is 9033 East Easter Place, Suite 112, Centennial, Colorado 80112, for the consideration
of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells
and quitclaims to SUMMIT BANK & TRUST, a Colorado corporation, whose street address is
16501 Washington Street, Thornton, Colorado 80023, all of Grantor's right, title and interest in
and CO the real property described on Exhibit A attached hereto and made a part hereof, with all
its appurtenances.
EXECUTED as of this 1 day of May,2010.
PV WATER III,a Colorado limited liability
company
By: _
Joel arkas
Manag
zsO9sY03
erg':
11111111111101111111111IQ 111111111111III11111011IIII
3692674 05/12/2010 09:218 Weld Ccunty, CO
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STATE OF COLORADO
COUNTY OF -pa`hot ) ss.
The foregoing instrument-was acknowledged before me this— "7 thy of May,
2010, by as of QUEBEC -CORP, a
Colorado corporation oel H Farkas. as Manaeer of PV Water III LLC a olora di) limited
liability company.
Witness my hand and official seal.
t''
My commission expires- �o - 1 5-02011 F'?.
CO:
Notary ublic
v44417-45ttital 2
1111111 11111 111111 MU III IIIII 1111111 III INIII IIII IIII
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EXHIBIT A
To
QUITCLAIM DEED
(Description of Property)
The following legally described property located in the County of Weld,State of Colorado:
That part of the SW tIA of Section 27,Township 1 North,Range 63 West of the 6'h P.M.,
described as follows:
Beginning at the Southwest corner of said Section 27;
Thence North along the West line of said Section to the South right of way line of the Prospect
Lateral;
Thence in a generally Easterly direction along the South right of way line of said Prospect
Lateral to the point of intersection with the North-South centerline;
Thence South along said centerline to'the South quarter corner of said Section;
Thence West along the South line of said Section to the Southwest corner thereof,the place of
beginning.
Excepting therefrom,any portion thereof contained within County Road 4 along the South,and
County Road 67 along the West.
ow"121a= A-1
1111111 11111 111111 111111II1111111111111111 11111IIIIIIII
3692673 05/12/2010 09:21A Weld County, CO
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673
When recorded, return to:
Andrew J. Schwartz State Documentary Fee
Otters,Johnson,Robinson, Neff& Ragonetti, P.C.
950 17th Street, Suite 1600 Date A
Denver,CO 80202 $ CJ
SPECIAL WARRANTY DEED
f IN LIEU OF FORECLOSURE)
PV WATER III LLC, a Colorado limited liability company, whose address is 9033 East
Easter Place, Suite 112, Centennial, Colorado 80112 ("Grantor"), for the consideration of Ten
Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to
SUMMIT BANK & TRUST, a Colorado corporation, whose address is 16501 Washington
Street, Thornton, Colorado 80023 ("Grantee"), the land and improvements in the County of
Weld, State of Colorado,described on Exhibit A attached hereto(the"Property");
TOGETHER WITH all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
demand whatsoever,of Grantor,either in law or equity,of,in and to the Property;
TO HAVE AND TO HOLD the Property unto Grantee forever;
AND Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet
and peaceable possession of the Property by Grantee, against every person who lawfu.ly claims
the Property or any part thereof; by, through or under Grantor, subject to the matters set forth on
Exhibit B attached hereto.
It is further warranted and covenanted by Grantor in executing this Deed, and agreed by
Grantee in accepting it, as follows:
1. This Deed is being delivered pursuant to the further settlement ("Further
Settlement") of a Confession of Judgment and Forbearance Agreement ("Forbearance
Agreement") by and among Grantee,Quebec Corp.,a Colorado corporation ("Quebec";, and Joel
Farkas ("Farkas") dated October 19, 2009, of which Quebec and Farkas are in default. Such
dcfuu!t also constitutes a default under the Deed of Trust granted by Grantor to the Public Trustee
of Weld County, Colorado for the benefit of Grantee end recorded in Weld County on
November 24, 2009 at Reception No. 7442927 and Document ID No. 3661691 ("Deed of
Trust"). It is a condition to Grantee's consummation of the Further Settlement that Grantor
convey the Property to Grantee. Grantor is affiliated with Quebec and Farkas. Therefore,
Grantor acknowledges that it is receiving a benefit from Grantee's consummation of the Further
Settlement and such benefit constitutes sufficient and adequate consideration to Grantor for the
conveyance of the Property. This Deed is an absolute conveyance.
icoi- yQ3
re
94.1.63
MY.
MOM 11111111111111111MENHIR III 111111 IIII
3692673 05/12/2010 09:21A Weld County, CC
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2. Grantor declares that this conveyance is freely and fairly made between Grantor
and Grantee with respect to the Property. Grantor is aware of its rights to cure default and right
to redeem under state law,expressly waives such rights by delivery of this Deed to Grantee.
3. Grantor and Grantee intend that the Deed of Trust shall remain in full force and
effect. The interest of Grantee through this conveyance shall not merge with the interest of the
beneficiary of the Deed of Trust, but shall at all times be separate and distinct, and the lien
created by the Deed of Trust shall continue in full force and effect as a first lien. The
Forbearance Agreement has been partially satisfied by Quebec and Farkas and, to the extent not
satisfied as provided in the Acknowledgment of Partial Satisfaction of Judgment executed by
Grantee to Quebec and Farkas of even date herewith (the"Partial Satisfaction"),the Forbearance
Agreement shall also remain in full force and effect.
4. Grantor agrees that in the event any voluntary or involuntary bankruptcy or other
insolvency proceeding is commenced or continues to be pursued by or against Grantor by any
entity other than Grantee,during the one-year period following the recordation of this Deed, then
Grantor, by the exercise of reasonable efforts, shall contest any claim made in such prcceeding
that the conveyance of the Property pursuant to this Deed is invalid for any reason.
5. If a presiding court in any federal or state proceeding hereafter declares the
conveyance of the Property as provided hereunder to be fraudulent or otherwise illegal, or orders
or compels Grantee to reconvey the Property, then Grantee may reconvey the Property to
Grantor. the trustee in bankruptcy, or other appropriate party. Upon the occurrence of any such
reconveyance, Grantee may enforce the Deed of Trust, and the terms thereof shall be L.naffected
by this Deed or any release executed in connection herewith, including without limitation the
release of the guaranty of Farkas and the Partial Satisfaction, as if neither this Deed not any such
release had ever been made.
[remainder left blank;signature follows)
948365 2
1111111 11111 111111 111111II1111111111111111 11111 11011
3692673 05/1212010 09:21A Weld County, CO
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SIGNED as of this 7 day of May,2010
PV WATER III LLC,a Colorado limited liability
company
By:
Joe .Farkas
Man er
STATE OF COLORADO
`` ) ss.
COUNTY OF RCUiDc310e- )
The foregoing was acknowledged before me this 7 day of May, 2010, by Joel II.
Farkas, as Manager of PV Water III LLC,a Colorado limited liability company.
Witness my hand and official//seal. r.
•
My commission expires (a ' J S•"' •
au:.=
CD:
R
Notary Pub c
111111IIIII111111IIIIIIIIIIIIiIIIIIIIIIII Ifllli lilt III
3692673 05!12/2010 09:21A Weld County, CO
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EXHIBIT A
Legal Description
A PARCEL OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 27,
TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY
OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 27 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 27 TO BEAR SOUTH 89 DEGREES 02 MINUTES 48 SECONDS WEST
WIT]I ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE SOUTH 89 DEGREES 02 MINUTES 48 SECONDS WEST ALONG THE SOUTH
LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2639.92 FEET TO THE
SOUTHWEST CORNER OF SAID SECTION 27;
THENCE NORTH 00 DEGREES 18 MINUTES 30 SECONDS WEST ALONG THE WEST
LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 919.35 FEET TO A POINT
40.00 FEET SOUTHERLY, MEASURED AT A RIGHT ANGLE, FROM THAT
CENTERLINE OF PROSPECT LATERAL AS DESCRIBED IN PARCEL D OF EXHIBIT A
OF THAT SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO. 353:262 ON
FEBRUARY 27,2008 OF THE WELD COUNTY CLERK AND RECORDER;
THENCE ALONG A LINE BEING 40.00 FEET SOUTHERLY, MEASURED AT A RIGHT
ANGLE FROM THAT SAID CENTERLINE OF PROSPECT LATERAL THE FOLLOWING
TWENTY EIGHT COURSES;
1) NORTH 55 DEGREES 17 MINUTES 08 SECONDS EAST, A DISTANCE OF 103.01
FEET TO A POINT OF CURVATURE;
2) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
45 DEGREES 04 MINUTES 00 SECONDS, A RADIUS OF 140.00 FEET, AND ARC
LENGTH OF 110.12 FEET;
3) NORTH 10 DEGREES 13 MINUTES 08 SECONDS EAST A DISTANCE OF 58.79
FEET TO A POINT OF CURVATURE;
4) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE
OF I I DEGREES 00 MINUTES 48 SECONDS,A RADIUS OF 460.00 FEET, AN ARC
LENGTH OF 88.42 FEET;
5) NORTH 21 DEGREES 13 MINUTES 56 SECONDS EAST A DISTANCE CF 157.35
FEET TO A POINT OF CURVATURE;
94045.1 A-1
111111111111111111111111III111111111111III11111 [HIE
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6) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE
OF 68 DEGREES 25 MINUTES 40 SECONDS,A RADIUS OF 100.00 FEET, AN ARC
LENGTH OF 119.43 FEET;
7) NORTH 89 DEGREES 39 MINUTES 36 SECONDS EAST A DISTANCE OF 136.62
FEET TO A POINT OF CURVATURE;
8) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
19 DEGREES 34 MINUTES 07 SECONDS A RADIUS OF 190.00 FEET, AN ARC
LENGTH OF 64.89 FEET TO A POINT OF REVERSE CURVATURE;
9) ALONG THE ARC OF CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF
25 DEGREES 28 MINUTES 47 SECONDS A RADIUS OF 85.00 FEET, AN ARC
LENGTH OF 37.80 FEET AND A CHORD BEARING NORTH 89 DEGREES 49
MINUTES 51 SECONDS EAST;
10) SOUTH 84 DEGREES 25 MINUTES 45 SECONDS EAST A DISTANCE OF 80.04
FEET;
11) NORTH 87 DEGREES 13 MINUTES 44 SECONDS EAST A DISTANCE OF 140.30
FEET TO A POINT OF CURVATURE;
12) ALONG THE ARC OF CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 19
DEGREES 14 MINUTES 53 SECONDS A RADIUS OF 640.00 FEET AN ARC
LENGTH OF 215.00 FEET;
13) NORTH 67 DEGREES 58 MINUTES 51 SECONDS EAST A DISTANCE OF 73.10
FEET TO A POINT OF CURVATURE;
14) ALONG THE ARC OF CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF
52 DEGREES 04 MINUTES 57 SECONDS, A RADIUS OF 85.00 FEET, AN ARC
LENGTH OF 77.27 FEET;
15) SOUTH 59 DEGREES 56 MINUTES 12 SECONDS EAST A DISTANCE OF 105.33
FEET;
16) SOUTH 53 DEGREES 48 MINUTES 08 SECONDS EAST A DISTANCE OF 51.53
FEET TO A POINT OF CURVATURE;
17) ALONG THE ARC OF CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20
DEGREES 09 MINUTES 20 SECONDS, A RADIUS OF 540.00 FEET, AN ARC
LENGTH OF 189.96 FEET;
18) SOUTH 73 DEGREES 57 MINUTES 28 SECONDS EAST, A DISTANCE OF 80.76
FEET TO A POINT OF CURVATURE;
941)553 A-2
111111111111 111111 Hill III IIIII 1111111 III 111111111 IIII
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19) ALONG THE ARC OF CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF
15 DEGREES 10 MINUTES 37 SECONDS, A RADIUS OF 360.00 FEET, AN ARC
LENGTH OF 95.36 FEET TO A POINT OF REVERSE CURVATURE;
20) ALONG THE ARC OF CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 26
DEGREES 38 MINUTES 30 SECONDS, A RADIUS OF 540.00 FEET, AN ARC
LENGTH OF 251.09 FEET AND A CHORD BEARING OF SOUTH 72 DEGREES 06
MINUTES 06 SECONDS EAST TO A POINT OF REVERSE CURVATURE;
21) ALONG THE ARC OF CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF
50 DEGREES 24 MINUTES 36 SECONDS, A RADIUS OF 110.00 FEET, AN ARC
LENGTH OF 96.78 FEET AND A CHORD BEARING OF SOUTH 60 DEGREES 13
MINUTES 03 SECONDS EAST;
22) SOUTH 35 DEGREES 00 MINUTES 45 SECONDS EAST A DISTANCE OF 271.28
FEET;
23) SOUTH 46 DEGREES 05 MINUTES 07 SECONDS EAST, A DISTANCE OF 54.37
FEET TO A POINT OF CURVATURE;
24) ALONG THE ARC OF CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 39
DEGREES 26 MINUTES 34 SECONDS, A RADIUS OF 165.00 FEET, AN ARC
LENGTH OF 113.59 FEET;
25) SOUTH 85 DEGREES 31 MINUTES 41 SECONDS EAST, A DISTANCE OF 115.11
FEET TO A POINT OF CURVATURE;
26) ALONG THE ARC OF CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF
08 DEGREES 21 MINUTES 33 SECONDS, A RADIUS OF 160.00 FEET, AN ARC
LENGTH OF 23.34 FEET;
27) SOUTH 77 DEGREES 10 MINUTES 08 SECONDS EAST A DISTANCE OF 125.98
FEET TO A POINT OF CURVATURE;
28) ALONG THE ARC OF CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40
DEGREES I I MINUTES 46 SECONDS, A RADIUS OF 240.00 FEET, AN ARC
LENGTH OF 168.37 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 00 DEGREES 15 MINUTES 19 SECONDS EAST ALONG SA.II) EAST
LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 786.62 FEET TO TEE POINT
OF BEGINNING.
94x!6,.3 A-3
111111111111111111111111 III!1111 11111111111111111 IIII
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EXHIBIT B
Permitted Exceptions
1. REAL ESTATE TAXES AND ASSESSMENTS FOR THE YEAR 2C'I0 AND
SUBSEQUENT YEARS,A LIEN NOT YET DUE OR PAYABLE.
2. THE RIGHTS OF TENANTS, AS TENANTS ONLY (WITHOUT ANY PURCHASE
OPTIONS OR RIGHTS OF FIRST REFUSAL), AS SHOWN ON THE GENERAL
ASSIGNMENT BY GRANTOR TO GRANTEE SIMULTANEOUSLY HEREWITH.
3. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION
AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY
COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN
BOOK 86 AT PAGE 273.
4. RESERVATIONS BY THE UNION PACIFIC COMPANY OF: (1)ALL OIL.. COAL
AND OTHER MINERALS UNDERLYING SUBJECT PROPERTY, (2)THE
EXCLUSIVE RIGHT TO PROSPECT FOR, MINE AND REMOVE OIL, COAL AND
OTHER MINERALS, AND (3)THE RIGHT OF INGRESS AND EGRESS AND
REGRESS TO PROSPECT FOR, MINE AND REMOVE OIL, COAL AND OTHER
MINERALS, ALL AS CONTAINED IN DEED RECORDED OCTOBER 05, 1904, IN
BOOK 217 AT PAGE 218.
DEEDS IN ASSOCIATION WITH SAID RIGHTS RECORDED JANUARY 25, 1978
UNDER RECEPTION NO. 1742593 AND DECEMBER 17, 1998 1JNDER
RECEPTION NO. 2661201.
5. ANY CHANGES IN AREA DUE TO THE RELOCATION OR MOVEMENT OF
PROSPECT LATERAL. SAID LATERAL BEING DESCRIBED IN THE LEGAL
DESCRIPTION OF THE LAND REFERRED TO HEREIN.
6. OIL AND GAS LEASE RECORDED JANUARY 25, 1978 UNDER RECEPTION
NO. 1742594 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST
THEREIN.
7. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED
BY INSTRUMENT RECORDED MAY 28, 2002 UNDER RECEPTION NO. 2954627.
8. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVA.TIONS
AND NOTES ON THE ALTAJACSM LAND TITLE SURVEY RECORDED
OCTOBER 17, 2008 UNDER RECEPTION NO. 3584939 AND UPDATED R1LY 31,
2009.
9483&t3 B-1
1111111 11111 111111 111111II 1111111111111111 in1 I I I 11111
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9. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED RECORDED
MAY 01, 2009 AT RECEPTION NO. 3619952.
10. DEED OF TRUST DATED NOVEMBER 20, 2009 FROM PV WATER 111 LLC, A
COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF
WELD COUNTY FOR THE USE OF SUMMIT BANK & TRUST, A COLORADO
CORPORATION TO SECURE THE PAYMENT OF INDEBTEDNESS EVIDENCED
BY THE JUDGMENT ENTERED ON OCTOBER 19, 2009 IN CASE NO. 08CV225
RECORDED NOVEMBER 24,2009,UNDER RECEPTION NO. 3661691.
wino 3 B-2
Milan 11111111111IIII111111111111III MINI 1111
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9% FOR PURPOSES OF CORRECTING LEGAL DESCRIPTIONRD
• Special Warranty Deed
(PV Water II to PV Water III)
This Deed, made this day of April, 2009, between PV Water H LLC, a Colorado
limited liability company, as grantor ("Grantor"),
and
PV Water III LLC, a Colorado limited liability company, whose legal address is 4643
S. Ulster, Suite 1300, Denver, Colorado 80237, of the City and County of Denver, State of
Colorado, as grantee ("Grantee").
Witnesseth, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, all the real
property, together with improvements, if any, situate, lying and being in the County of Weld, State
of Colorado,described as follows:
See Exhibit A attached hereto and incorporated herein.
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anyway appertaining, and the reversion and reversions, remainders, rents,
issues and profits and all of Grantor's interest, if any, in and to any mineral rights, including
but not limited to, oil and gas and constituents thereof, including gravel, sand and coal, in,
under and upon or that might be produced from the Property, now or hereafter acquired, but
only to the extent such minerals are owned by Grantor and have not been reserved by prior
deed or grant; and any royalty interest, and any oil or gas leases, and any surface rights which
are owned by Grantor that relate to or in any way are appurtenant to the Property; and all the
estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the same premises above bargained and described, with the
appurtenances, unto the said Grantee, its successors and assigns forever. And, Grantor, for
itself, its successors and or assigns, does covenant, grant, bargain and agree to and with the said
Grantee, its successors and assigns, that at the time of the signing and delivery of these presents,
they are well seized of the premises above conveyed, have good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and
lawful authority to grant, bargain, sell and convey the same in manner of form aforesaid, and
that the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments and encumbrances of whatever kind or nature, except for and subject to those
matters as set forth on Exhibit B attached hereto and incorporated herein.
111111111111111111111111111111111111111III111111111101
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And Grantor, its successors and assigns, covenants and agrees to and with Grantee, to its
successors and assigns, warrant and defend title to the Property and the quiet and peaceable
possession of the Property by Grantee, its respective successors and assigns, against every
person who lawfully claims the Property or any part thereof, by, through or under Grantor.
In Witness Whereof, Grantor has executed this Special Warranty Deed on the date set forth
above.
PV Water II LLC,
a Colorado ' it • y mpany
B .
ristopher R. Paulson
STATE OF COLORADO
)ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 3c !lay of April, 2009, by
Christopher R. Paulson, as Manager of PV Water II LLC, a Colorado limited liability, on its
behalf.
WITNESS my hand and official seal. i;•HUr,‘c� `1
My commission expires: (.•,' I SR O'li iZo!'2 •
M . '
i
Notary Publ• 4t „ugh.N;
feWe
11011101010111110110 111 III 1111111111111
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_ .ibit A
to
Special Warranty Deed
(Legal description)
BLAKE
Part of the Northeast Quarter(NE 1/4)of Section 15, Township 1 North, Range 63 West of the 6'h
Principal Meridian, Weld County, Colorado,being more particularly described as follows:
Beginning at the Northeast corner of said Section 15; thence South 00°00'37" West along the
East line of said Northeast 'A of Section 15 on a bearing shown on Highway Right-of-Way Plans
Project No. SR0079 (8), revised August 23, 1990, a distance of 80.00 feet to the True Point of
Beginning; thence South 00°00'37"West along said East line of the Northeast 1/4 of Section 15, a
distance of 2590.08 feet to the East 1/ corner of said Section 15; thence North 89°53'30" West
along the South line of said Northeast 'A of Section 15, a distance of 1866.63 feet; thence North
00°30'16" East, a distance of 2663.47 feet to a point on the North line of said Section 15, said
point being 745.70 feet easterly of the North '/4 corner of said Section 15; thence North
89°54'04"East along said North line of the Northeast ''/4 of Section 15, a distance of 1763.66 feet
to a point 80.00 feet westerly of said Northeast corner of Section 15; thence South 00°00'37"
West parallel with said East line of the Northeast '/4 of Section 15, a distance of 30.00 feet;
thence South 45°02'37"East, a distance of 70.64 feet; thence North 89°54'04"East parallel with
said North line of the Northeast '/4 of Section 15, a distance of 30.00 feet to the True Point of
Beginning, County of Weld, State of Colorado.
TOGETHER WITH:
CHUMLEY
Lot A of Recorded Exemption No. 1477-22-4-RE 1697, recorded March 14, 1995 in Book 1483
as Reception No. 2429854,being a part of the SE'/ of Section 22,Township 1 North, Range 63
West of The 6th P.M., County of Weld,State of Colorado.
TOGETHER WITH:
COOK
Lot B Recorded Exemption Survey No. 1477-09-01 RE 3501 recorded March 26, 2003 at
Reception No. 3045533 located in the East Half (E ''/z) of the Northeast Quarter (NE '/4) of
Section 9, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado.
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TOGETHER WITH:
EARL BAUMGARTNER
The West V2 of the Northeast '/of Section 9, Township 1 North, Range 63 West of the 6'h P.M.,
including a strip of land 50 feet wide on the easterly side of and adjoining the center line of the
Beet Spur Track of the Burlington Northern Inc., lying within the said Northeast Quarter of
Section 9 with said Track Center Line also being the North-South center line of said Section 9,
County of Weld, State of Colorado.
TOGETHER WITH:
LARRY LEE BAUMGARTNER
All that part of the East One Half of the Northwest Quarter of Section 10, Township 1 North,
Range 63 West of the Sixth Principal Meridian, County of Weld, State of Colorado;
Excepting therefrom Lots A, B and C of Recorded Exemption No. 1477-10-1-RE2254,according
to the map recorded September 3, 1998 at Reception No. 2637892,being a part of the North 1/2 of
Section 10,Township 2 North, Range 6 West of the 6'h Principal Meridian;
Also excepting therefrom that parcel of land conveyed to the Prospect Community Church
recorded December 8, 1943 in Book 1122 at Page 278 Weld County Records;
Also excepting therefrom those parcels of land conveyed to School District No. 96, Weld County
by Deeds recorded December 1, 1925 in Book 787 at Page 107, February 10, 1939 in Book 1038
at Page 10, and May 28, 1952 in Book 1331 at Page 494 Weld County records;
Also excepting therefrom that parcel of land bounded to the North by Deed recorded in Book
1038 at Page 10, to the East by Deed recorded in Book 787 at Page 107, to the South by Deed
recorded in Book 1331 at Page 494 and to the West by Deed recorded at Reception No. 1756411
Weld County Records.
TOGETHER WITH:
RODNEY (PINTO) BAUMGARTNER
The W '/2 of the NW '/ of Section 10,Township 1 North, Range 63 West of the 6'h P.M.,
Together with a tract of land located in the NW '/ of Section 10, Township 1 North, Range 63
West of the 6'h P.M.,beginning at a point on the East and West quarter section line of Section 10,
Township 1 North, Range 63 West, 330 feet West of the center of said Section; thence North 40
feet; thence West 50 feet; thence South 28 feet; thence West 902 feet to a fence running North
and South between the NW '/ and the W ' of the NW '/ of Section 10; thence South 12 feet to
the East and West quarter section line of Section 10; thence East along the said East and West
quarter section line, 952 feet to the place of beginning,
4
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Except that portion conveyed to Prospect School District No. 96, Prospect Valley by instrument
recorded April 7, 1951 in Book 1328 at Page 244 and Corrective Warranty Deed to Weld County
School District RE-3(J), formerly known as Prospect School District No. 96, Prospect Valley
recorded June 12, 1978 in Book 824 at Reception No. 1756411, County of Weld, State of
Colorado.
TOGETHER WITH:
HAVENGAR-WELL SITE
A tract of land situated in the Southwest Quarter (SW '/4) of Section 10, Township 1 North,
Range 63 West of the 6th P.M., described as follows: Beginning at the southeast corner of said
quarter section, thence North along the East boundary thereof a distance of seventy (70) feet,
thence West parallel to the South boundary thereof a distance of eighty (80) feet, thence South
parallel to the East boundary thereof a distance of seventy (70) feet, thence East along the South
boundary thereof a distance of eighty (80) feet, more or less, to a place of beginning, County of
Weld, State of Colorado.
TOGETHER WITH:
HUMMEL
That part of the SW '/4 of Section 27, Township 1 North, Range 63 West of the 6`h Principal
Meridian South of Prospect Lateral,described as follows,to-wit:
Beginning at the Southwest corner of said Section 27, thence North along the West line of said
Section to the South right of way line of Prospect Lateral; thence in a generally Easterly
direction along the South right of way line of said Prospect Lateral to the point of intersection
with the North-South centerline; thence South along said centerline to the South quarter corner of
said Section; thence West along the South line of said Section to the Southwest corner thereof,
Weld County, Colorado.
TOGETHER WITH:
KEENE VALLEY
Lot B of Recorded Exemption No. 1477-10-3-RE- 3707, recorded July 28, 2004 at Reception
No. 3203155, being a part of the Southwest Quarter (SW 1/4) of Section 10, Township 1 North,
Range 63 West of the 6th P.M.,County of Weld,State of Colorado.
EXCEPTING THEREFROM a tract of land conveyed by Deed recorded May 22, 1951 in Book
1303 at Page 333,being more particularly described as follows:
A tract of land situated in the SW '/4 of Section 10, Township 1 North, Range 63 West of the 6`h
P.M. described as follows:
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Beginning at the Southeast corner of said quarter section, thence North along the East boundary
thereof a distance of 70 feet; thence West parallel to the South boundary thereof a distance of 80
feet; thence South parallel to the East boundary thereof a distance of 70 feet; thence East along
the South boundary thereof a distance of 80 feet, more or less,to the Place of Beginning.
TOGETHER WITH:
PARKER SECTION 10
A tract of land located in the North One-Half (N 'h) of Section Ten (10), Township One (1)
North,Range Sixty-Three (63) West of the 6th Principal Meridian,Weld County,Colorado,being
more particularly described as follows:
Considering the East line of the Northeast One-Quarter (NE 'A) of said Section Ten (10) to bear
South 00 degrees 04 minutes 30 seconds East, and all bearings contained herein being relative
thereto;
Beginning at the Center One-Quarter (C '/4)of said Section Ten (10), thence along the West line
of the Northeast One-Quarter (NE %4) of said Section Ten (10), North 00 degrees 07 minutes 18
seconds West, 1320.12 feet to the Center-North One-Sixteenth (C-N 1/16)corner of said Section
Ten(10);
Thence North 89 degrees 58 minutes 23 seconds West,324.01 feet;
Thence North 00 degrees 07 minutes 07 seconds West, 520.91 feet to the southerly boundary of
Lot B,Recorded Exemption 2254;
Thence South 89 degrees 54 minutes 46 seconds East, 342.83 feet to the southerly boundary of
Lot A,Recorded Exemption 2254;
Thence along the boundary of Lot A, Recorded Exemption 2254, North 79 degrees 07 minutes
57 seconds East, 361.97 feet;
Thence North 12 degrees 26 minutes 46 seconds West, 289.50 feet;
Thence North 01 degrees 12 minutes 02 seconds West, 450.08 feet to the North line of the
Northeast One-Quarter(NE V4)of said Section Ten (10)and along Colorado State Highway 52;
Thence along said North line of the Northeast One-Quarter(NE 1/4) of said Section Ten(10)and
along said Colorado State Highway 52, North 89 degrees 45 minutes 39 seconds East, 1042.93
feet;
Thence leaving said North line of the Northeast One-Quarter (NE %4) of said Section Ten (10)
and to the easterly boundary of the Town of Prospect Valley, South 00 degrees 04 minutes 41
seconds East,208.75 feet;
Thence North 89 degrees 45 minutes 39 seconds East, 697.00 feet and parallel with the North
line of the Northeast One-Quarter(NE �/4)of said Section Ten (10);
Thence South 00 degrees 04 minutes 41 seconds East, 150.00 feet;
Thence North 89 degrees 45 minutes 39 seconds East, 344.50 feet and parallel with the North
line of the Northeast One-Quarter(NE %4)of said Section Ten(10);
Thence South 00 degrees 04 minutes 41 seconds East, 240.00 feet;
Thence North 89 degrees 45 minutes 39 seconds East, 149.97 feet and parallel with the North
line of the Northeast One-Quarter(NE '/4) of said Section Ten (10) and to the westerly right-of-
way for Colorado State Highway 79;
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Thence along said right-of-way, South 00 degrees 04 minutes 30 seconds East, 2041.42 feet to
the South line of the Northeast One-Quarter(NE'/)of said Section Ten(10);
Thence along said South line, South 89 degrees 45 minutes 28 seconds West, 2535.48 feet to the
Point of Beginning;
Also known as Tract C of Recorded Exemption No. 1477-10-1-RE2254, recorded September 3,
1998 at Reception No. 2637892, being a part of the North '/2 of Section 10, Township 1 North,
Range 63 West of the 6th Principal Meridian, Weld County, Colorado.
TOGETHER WITH:
PARKER SECTION 35
Lot B, recorded Exemption No. 1303-35-1-RE1634, recorded October 3, 1994 at Reception No.
2409232,being a part of the East One-Half of the Northeast One-Quarter of Section Thirty-Five,
Township Two North, Range 63 West of the 6i' Principal Meridian, County of Weld, State of
Colorado.
Also being described as follows:
A tract of land in the East One-Half of the Northeast One-Quarter(E1/2 NE'A)of Section Thirty-
Five (35), Township Two (2) North, Range Sixty-Three (63)West of the 6'" Principal Meridian,
Weld County,Colorado, being more particularly described as follows:
Considering the North Line of the East One-Half of the Northeast One-Quarter (E1/2 NE V4) of
said Section Thirty-Five (35) to bear North 89 degrees 58 minutes 47 seconds East, and all
bearings contained herein being relative thereto:
Beginning at the Northeast corner of said Section Thirty-Five (35), thence along the East line of
the East One-Half of the Northeast One-Quarter (E %2 NE V4) of said Section Thirty-Five (35),
South 00 degrees 04 minutes 50 seconds West, 722.95 feet to a point; thence leaving the East
One-Half of the Northeast One-Quarter (E %2 NE 'A) of said Section Thirty-Five (35), North 89
degrees 18 minutes 20 seconds West, 30.00 feet;
Thence North 89 degrees 18 minutes 20 seconds West, 27150 feet;
Thence South 82 degrees 17 minutes 11 seconds West,71.60 feet;
Thence South 71 degrees 58 minutes 30 seconds West,89.00 feet;
Thence South 00 degrees 04 minutes 50 seconds West, 184.75 feet;
Thence South 85 degrees 14 minutes 32 seconds Fast,56.79 feet;
Thence South 72 degrees 51 minutes 34 seconds East,63.30 feet;
Thence South 87 degrees 10 minutes 59 seconds East,69.72 feet;
Thence North 00 degrees 34 minutes 30 seconds East, 31.28 feet;
Thence North 89 degrees 03 minutes 55 seconds East,43.00 feet;
Thence South 03 degrees 12 minutes 16 seconds West,34.37 feet;
Thence South 87 degrees 05 minutes 46 seconds East,209.11 feet;
Thence South 87 degrees 05 minutes 46 seconds East,30.04 feet to a point on the East line of the
East One-Half of the Northeast One-Quarter(E '/2 NE'/4)of said Section Thirty-Five(35);
7
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•
Thence along the East line of the East One-Half of the Northeast One-Quarter (E rh NE 1/4) of
said Section Thirty-Five (35), South 00 degrees 04 minutes 50 seconds West, 1661.82 feet to the
East One-Quarter(E'/4)of said Section Thirty-Five(35);
Thence South 89 degrees 59 minutes 29 seconds West, 1323.85 feet to the Center-East-One-
Sixteenth(C-E 1/16)corner of said Section Thirty-Five(35);
Thence along the West line of the East One-Half of the Northeast One-Quarter (E 1/2 NE '/4) of
said Section Thirty-Five (35), North 00 degrees 06 minutes 52 seconds East, 2643.50 feet to the
East One-Sixteenth (E 1/16) corner of said Section Thirty-Five (35) and Twenty-Six (26),
Township Two(2)North, Range Sixty-Three(63)West,6'h Principal Meridian;
Thence along the North line of the East One-Half of the Northeast One-Quarter(E ' NE V4) of
said Section Thirty-Five (35), North 89 degrees 58 minutes 47 seconds East, 1322.28 feet to the
Point of Beginning.
TOGETHER WITH:
PA.RKER/SIRIOS
PARCEL ONE
LOT B OF RECORDED EXEMPTION NO. 1301-07-03 RE-3512 RECORDED April 29, 2003
AT RECEPTION NO. 33056941, BEING A PART OF THE SOUTH 1/2 OF THE SOUTH 1/2
OF SECTION 7,TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE 6TH P.M.,COUNTY OF
WELD,STATE OF COLORADO
PARCEL TWO
LOT A OF RECORDED EXEMPTION SURVEY NO. 1301-8-3 RE-4340 RECORDED MAY
4, 2006 AT RECEPTION NO. 3384959 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 7
AND THE SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 2 NORTH, RANGE 62 WEST OF
THE 6TH P.M.COUNTY OF WELD,STATE OF COLORADO
PARCEL THREE
LOT B OF RECORDED EXEMPTION SURVEY NO. 1301-8-3 RE-4340 RECORDED MAY
4, 2006 AT RECEPTION NO. 3384959 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 7
AND THE SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 2 NORTH, RANGE 62 WEST OF
THE 6TH P.M.COUNTY OF WELD, STATE OF COLORADO
PARCEL FOUR
A TRACT OF LAND LOCATED IN THE SE 1/4 OF SECTION 8, AND THE NE 1/4 OF
SECTION 17, IN TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE 6TH P.M., WELD
COUNTY,COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SE 1/4 OF SAID SECTION 8,
THENCE NORTH 1252 FEET ALONG THE WEST LINE OF SAID SE1/4,THENCE NORTH
87 DEGREES 23'EAST 1435 FEET,THENCE SOUTH 2 DEGREES 32'EAST 1322 FEET TO
8
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A POINT ON THE SOUTH LINE OF SAID SE1/4 OF SAID SECTION 8, THENCE
CONTINUING SOUTH 2 DEGREES 32' EAST1321 FEET, THENCE SOUTH 89 DEGREES
55' WEST 1550 TO A POINT ON THE WEST LINE OF THE NE 1/4 OF SECTION 17,
THENCE NORTH 1325 FEET TO THE NORTHWEST CORNER OF THE NE 1/4 OF SAID
SECTION 17,BEING THE PLACE OF BEGINNING,
COUNTY OF WELD, STATE OF COLORADO.
TOGETHER WITH:
POSTLE
Lot C of Recorded Exemption No. 1477-10-4-RE-3404,recorded October 30, 2002 as Reception
No. 3000569, being a part of the SE 'A of Section 10, Township 1 North, Range 63 West of the
6'h P.M., County of Weld, State of Colorado;
Excepting therefrom a tract of land conveyed to Layne-Western Company by Deed recorded June
20, 1934 in Book 961 at Page 476. Also except a tract of land conveyed to Henry J. Vogel,Jacob
Vogel and Carl Vogel by Deed recorded January 8, 1953 in Book 1347 at Page 339. Also except
a tract of land conveyed to Federal Land Bank of Wichita by Deed recorded December 19, 1986
in Book 1139 as Reception No. 2081512. Also except a tract of land conveyed to the State
Department of Highways, State of Colorado, by Deeds recorded June 1, 1990 as Reception Nos.
2215583 and 2215584.
TOGETHER WITH:
WHITFIELD SECTION 3
Lot B, Recorded Exemption No. 1477-03-4-RE3095, recorded August 31, 2001 as Reception
No. 2879715, being a part of the West Half of the Southeast Quarter (SE 1/4) of Section 3,
Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado;
together with
Lot B, Amended Recorded Exemption No. 1477-03-4-RE3096, recorded December 6, 2007 as
Reception No. 3522039, being a part of the East Half of the Southeast One-Quarter (SE 1/4)
of Section 3, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of
Colorado.
TOGETHER WITH:
WHITFIELD SECTION 15
Lot B of Recorded Exemption No. 1477-15-3-RE3528, recorded June 3, 2003 at Reception
No. 3068528, being a part of the Southwest Quarter (SE 1/4) of Section 15, Township 1
North, Range 63 West of the 6th P.M., County of Weld, State of Colorado.
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TOGETHER WITH:
JILL ZIMBELMAN
Lot C of Recorded Exemption No. 1477-11-1-RE-2885, recorded January 18, 2002 at Reception
No. 2918246, being a part of the NE 'A of Section 11, Township 1 North, Range 63 West of the
6th P.M., County of Weld, State of Colorado,
TOGETHER WITH a part of the SE %<of Section 10,Township 1 North, Range 63 West of the
6th P.M., County of Weld, State of Colorado, described as follows:
A tract of land 100 feet long and 30 feet wide described as follows:
Beginning at a point 624 feet East of the Northwest corner of the SEA of Section 10, Township
1 North,Range 63 West;
Thence South 30 feet;
Thence East 100 feet;
Thence North 30 feet;
Thence West 100 feet along the North line of the SE '/a of said Section 10 to the Point of
Beginning,County of Weld. State of Colorado.
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Exhibit B
to
General Warranty Deed
(Exceptions)
1. Taxes and assessments for the year 2008 a lien that is due or payable(this exception
affects every parcel listed in Exhibit A hereto).
2. Taxes and assessments for the year 2009 and subsequent years, a lien not yet due or
payable (this exception affects every parcel listed in Exhibit A hereto).
The following exception affects only the parcels known as Blake,Earl Baumgartner,Larry Lee
Baumgartner,Rodney(Pinto)Baumgartner,Chumley, Cook,Havengar-Well Site,Hummel,
Parker/Sirios and Jill Zimbelman:
3. Rights of way for County Roads 30 feet on either side of Section and Township lines as
established by the Board of County Commissioners for Weld County,recorded October 14,
1889 in Book 86 at Page 273.
The following affects the parcel noted at the end of each underground facility exception:
4. Notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed
with the Weld County Clerk and Recorder as disclosed by the following instruments:
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at
Reception No. 1870705(affects to Blake,Larry Lee Baumgartner, Rodney(Pinto)
Baumgartner, Chumley,Cook,Havengar-Well Site,Hummel, Keene Valley,
Parker/Sirios and Jill Zimbelman).
(b) Colorado Interstate Gas Company,recorded August 31, 1984 in Book 1041 at
Reception No. 1979784(affects Blake, Larry Lee Baumgartner, Rodney(Pinto)
Baumgartner,Chumley,Cook,Havengar-Well Site,Hummel,Keene Valley,
Parker/Sirios and Jill Zimbelman).
(c) Associated Natural Gas,Inc.,recorded April 10, 1989 in Book 1229 at Reception
No.2175917(affects Blake,Chumley,Keene Valley,Parker/Siros and Jill
Zimbelman).
(d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 at
Reception No. 1874084(affects Blake, Larry Lee Baumgartner,Chumley,Cook,
Havengar-Well Site, Hummel,and Keene Valley).
(e) Western Slope Gas Company,recorded March 9, 1983 in Book 990 at Reception
No. 1919757(affects Blake,Larry Lee Baumgartner,Rodney(Pinto)Baumgartner,
Chumley,Cook,Havengar-Well Site,Hummel, Keene Valley,Parker/Sirios and Jill
Zimbelman).
(t) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 at
Reception No. 2004300(affects Larry Lee Baumgartner, Rodney(Pinto)
Baumgartner,Chumley, Cook,Havengar-Well Site, Hummel,Parker/Sirios and Jill
Zimbleman).
(g) United Power,Inc.,formerly Union Rural Electric Association,Inc.,recorded
January 24, 1991 in Book 1288 at Reception No.02239296(affects Blake,
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Chumley,Keene Valley and Jill Zimbelman).
NOTE These Notices are general and do not necessarily give notice of underground
facilities within the subject property.
The following exceptions affect only the parcel known as Blake:
5. The right of the proprietor of a vein or lode to extract or remove his ore,should the same be
found to penetrate or intersect the premises thereby granted and rights-of-way for ditches
and canals as reserved in United States Patent recorded July 24, 1919 in Book 460 at Page
90,and any and all assignments thereof or interests therein.
6. Terms,conditions,provisions, agreements and obligations specified under the
Memorandum of Gas gathering and Processing Contract,which was recorded September
29, 1995 at Reception No.2457614.
The following exceptions affect only the parcel known as Earl Baumgartner:
7. An Easement for Right of Way and incidental proposes granted to Chicago Burlington
and Quincy Railroad Company by the instrument recorded July 9, 1925 in Book 779 at Page
233.
8. An undivided 100% interest in all oil, gas and associated liquid hydrocarbons conveyed
to Union Pacific Resources Company by Mineral Deed, recorded October 15, 1991 in
Book 1314 at Reception No. 2266095 and any and all assignments thereof or interests
therein.
The following exceptions affect only the parcel known as Larry Lee Baumgartner:
9. Reservation of right of way for any ditches or canals constructed by authority of the
United States, in U.S. Patent recorded June 8, 1917 in Book 460 at Page 24.
10 Right of Way for public highway over and across the South 10 feet of the North 40 feet
of subject property as conveyed to Weld County, Colorado by Deed recorded March
24, 1931 in Book 910 at Page 623.
11. Undivided 2/3 interest in all oil, gas and mineral in and under subject property as
conveyed to Earl Alex Baumgartner and Larry Lee Baumgartner by Bargain and Sale
Deed recorded March 18, 1977 in Book 792 at Reception No. 1714011.
12. Terms, conditions, provisions, agreements and obligations specified under the
Easement, which was recorded May 29, 1996 under Reception No. 2493403.
The following exceptions affect only the parcel known as Rodney(Pinto)Baumgartner:
13. Reservation of right of way for any ditches or canals constructed by authority of the
United States, in U.S. Patent recorded June 8, 1917 in Book 460 at Page 24.
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14. Terms, conditions, provisions, agreements and obligations specified under the
Easement, which was recorded October 24, 1996 in Book 1573 at Page 539 at
Reception No. 2517182.
15. An oil and gas lease, executed by Ruben Baumgartner, a/k/a Reuben Baumgartner and
Marian Baumgartner as lessor(s) and by Energy Mineral Corporation as lessee(s), for a
primary term of years, dated July 10, 1991, recorded August 5, 1991 in Book 1306 at
Reception No. 2258414, and any and all assignments thereof or interests therein.
The following exceptions affect only the parcel known as Chumley:
16. Reservation of right of way for any ditches or canals constructed by authority of the
United States, in U.S. Patent recorded March 12, 1924 in Book 677 at Page 86.
17. An undivided 1/2 interest in all oil, gas and other mineral rights as reserved by the
Federal Land Bank of Wichita in a deed recorded May 14, 1941 in Book 1078 at Page
580 and any interest therein or rights thereunder
18. Terms, conditions, provisions, agreements and obligations specified under the Permanent
Pipeline Right-of-Way Grants, recorded September 8, 1983 in Book 1007 at Reception
No. 0193975.
Assignment of Interests in Permanent Pipeline Rights-Of-Way/Easements recorded June
11, 1984 in Book 1033 at Reception No. 1970082.
19. Notes, Notices and Easements as shown on the recorded Exemption No. 1477-22-4-
RE1697 recorded March 14, 1995 Book 1483 at Reception No. 2429854.
The following exceptions affect only the parcel known as Cook:
20. Reservations made by the Union Pacific Railway Company,in deed recorded November 29,
1907 in Book 233 at Page 128,providing substantially as follows:reserving unto the
company and its assigns all coal that may be found underneath the surface of the land herein
described and the exclusive right to prospect and mine for same,also such right-of-way and
other grounds as may appear necessary for proper working of any coal mines that may be
developed upon said premises,and for transportation of coal from same;and any and all
assignments thereof or interest therein.
Release and Quit Claim Deed Recorded December 17, 1998 at Reception No.2661201.
Request for Notification of Surface Development recorded May 28,2002 at Reception
No.2954634
21. Right of Way whether in fee or easement only,for railroad proposes,as granted to the
Chicago Burlington& Quincy Railroad Company by instrument recorded July 9, 1925 in
Book 779 at Page 233
22. Terms,conditions,provisions,agreements and obligations specified under the Easement,
which was recorded June 9, 1995 under Reception No.2441974.
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23. Terms,conditions,provisions,agreements and obligations specified under the Recorded
Exemption No. 1477-09-01 RE 3501,which was recorded March 26,2003 under Reception
No.3045533 including but not limited to Right of Way for of the Prospect Lateral No.3,
Building Envelope,Agricultural Irrigation Easement and Existing Agricultural Access(2).
The following exceptions affect only the parcel known as Havengar Well Site:
24. Reservation of right of way for any ditches and/or canals constructed by authority of
the United States, in U.S. Patent recorded June 6, 1916 in Book 385 at Page 175.
The following exceptions affect only the parcel known as Hummel:
25. Reservation by the Union Pacific Railroad Company of all oil,coal and other minerals
underlying the land, the exclusive right to prospect for,mine and remove oil,coal and
other minerals, and the right of ingress and egress and regress to prospect for,mine and
remove oil,coal and other minerals, as contained in deed recorded October 5, 1904 in
Book 217 at Page 218, and any and all assignments thereof or interests therein.
Note: Mineral Deed by and between Union Pacific Land Resources Corporation and
Champlin Petroleum Company was recorded January 25, 1978 at Reception No.
1742593.
Note: Release and Quit Claim Deed by and between Union Pacific Railroad Company
and Union Pacific Land Resources Corporation was recorded December 17, 1998 at
Reception No. 2661201.
Note: Request for Notification of Surface Development recorded May 28,2002 at
Reception No. 2954627.
26. Any and all right of way for the Prospect Lateral,as the same now exists on said land,
which is not defined by a recorded instrument.
27. Terms,conditions,provisions, agreements and obligations specified under the Oil and
Gas Lease from Champlin Petroleum Company to Amoco Production Company,which
was recorded January 25, 1978 in Book 821 at Reception No. 1742594.
28. The effect, if any, imposed upon said land by reason of its inclusion into the letter
notifying land owners of the intent to create a toll road expressway for the Prairie Falcon
Parkway Express, as set forth in instrument recorded January 5, 2007 at Reception No.
3445894.
The following exceptions affect only the parcel known as Keene Valley:
29. Reservation of right of way for ditches and/or canals constructed by authority of the
United States, in U.S. Patent recorded June 6, 1916 in Book 385 at Page 175.
30. Reservation of one-half(1/2) interest in all minerals and/or mineral rights as reserved by
Lee H. Alden aka Lee H. Alden, Sr. in the Deed recorded January 9, 1963 in Book 1635
at Page 66, and any and all rights thereunder.
31. Reservation of one-half(1/2) interest in all minerals and/or mineral rights as reserved by
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Floyd J. Mason, Jr. and Shirley D. Mason in the Deed recorded February 1, 1963 in
Book 1637 at Page 252, and any and all rights thereunder.
32. An undivided one-eighth (1/8) interest in and to all oil, gas and other minerals as granted
by Robert M. Shuffler unto Anita Field in the Mineral Deed recorded June 22, 1978 at
Reception No. 1757499.
33. An undivided one-eighth (1/8) interest in and to all oil, gas and other minerals as granted
by Robert M. Shuffler unto John N. DiNardo in the Mineral Deed recorded October 29,
1979 at Reception No. 1807571.
34. Reservation of one-eighth (1/8) interest in all minerals and/or mineral rights as reserved
by Dale A. Johnson and Janis L. Johnson in the Deed recorded August 2, 1983 under
Reception No. 1935408, and any and all rights thereunder.
35. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on
the Recorded Exemption No. 1477-10-3-RE1032 recorded September 9, 1987 at
Reception No. 2113705.
36. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on
the Amended Recorded Exemption No. 1477-10-3-RE1032 recorded October 19, 1995 at
Reception No. 2460177.
37. Fasements, notes, terms, conditions, provisions, agreements and obligations as shown on
the Amended Recorded Exemption No. 1477-10-3-RE1770 recorded October 19, 1995 at
Reception No. 2460179.
NOTE: Affidavit of Correction recorded January 19, 2001 at Reception No. 2820320.
38. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on
the Recorded Exemption No. 1477-10-3-RE-3707 recorded July 28, 2004 at Reception
No. 3203155.
The following exceptions affect only the parcel known as Parker Section 10:
39. Reservation of right-of-way for any ditches or canals constructed by authority of the United
States,as contained in U.S.Patent recorded June 8, 1917 in Book 460 at Page 24.
40. Reservation of right-of-way for any ditches or canals constructed by authority of the United
States, as contained in U.S. Patent recorded May 26, 1920 in Book 595 at Page 70.
41. Terms,conditions,provisions, agreements,easements and obligations specified under the
Notice Concerning Underground Facilities of United Power,Inc.,which was recorded
January 24, 1991 at Reception No.2239296.
42. Terms, agreements,provisions, conditions and obligations of an Oil and Gas lease,
executed by Herman Wagner;Anna Wagner,David E. Wagner and Earlene T.Wagner, as
lessor(s),and Energy Minerals Corporation,as lessee(s),recorded August 5, 1991 at
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Reception No.2258424,and any and all assignments thereof or interests therein.
43. Reservation of one-half of all oil,gas and other hydrocarbons that presently exist in,on,
under,upon and that may be produced from the subject property,together with the rights of
ingress and egress necessary to explore for,mine and remove such oil,gas and other
hydrocarbons, as contained in Warranty Deed recorded July 9, 1993 at Reception No.
2340419,and any and all assignments thereof or interests therein.
44. An easement for telecommunications facilities and incidental purposes granted to U S West
Communications,Inc. by the instmment recorded June 11, 1996 at Reception No.2495816,
together with the terms,conditions,stipulations,provisions and obligations as contained
therein.
45. All items as set forth and shown on Recorded Exemption No. 1477-10-1-RE2254,recorded
September 3, 1998 at Reception No. 2637892.
46. Reservation of a strip of land along the Northern property line for the right-of-way of State
Highway 52 as shown on ALTA/ACSM Survey recorded October 29,2003 at Reception
No.3121352
The following exceptions affect only the parcel known as Parker Section 35:
47. Rights-of-Way for Weld County Roads No.71 and 16 as established in instrument
recorded October 14, 1889 in Book 86 at Page 273.
48. Reservation by the Union Pacific Railroad Company of all oil,coal and other minerals
underlying the land,the exclusive right to prospect for,mine and remove oil,coal and other
minerals,and the right of ingress and egress and regress to prospect for,mine and remove
oil,coal and other minerals,as contained in Deed,and any and all assignments thereof or
interests therein.
49. Mineral rights as disclosed on the following Deeds:
a. Mineral Deed by and between William A.Sargent and Willetta L Sargent,
grantors,and Irvin J.Sargent and Della M. Sargent,grantees,recorded October 4,
1956 in Book 1461 at Page 236 and as corrected March 6, 1962 in Book 1608 at
Page 219.
b. Mineral Deed by and between William A.Sargent and Willetta L Sargent,
grantors,and Roy D. Sargent and Marjorie R.Sargent,grantees,recorded October 4,
1956 in Book 1461at Page 237 and as corrected March 6, 1962 in Book 1608 at
Page 218.
c. Deed by and between Roy D.Sargent and Marjorie R.Sargent,grantors,and
William A.Sargent,Sr.,recorded June 27, 1974 at Reception No. 1639587.
d. Deed by and between Della M. Sargent,grantor, and William A. Sargent,Sr.,g
rantee,recorded June 27, 1974 at Reception No. 1639588.
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e. Personal Representative's Deed by and between Sherry J.Stickle as Personal
Representative of the Estate of William A.Sargent,also known as William A.
Sargent, Sr.,deceased,grantor,and John B.Parker and Edwin C. Parker,Jr.
recorded March 9, 1994 at Reception No.2377492.
f. Warranty Deed by and between John B.Parker and Edwin C.Parker,Jr., and The J
&E Parker Farms Limited Partnership,recorded February 18, 1997 at Reception
No.2533733.
g. Quit Claim Deed by and between L.Alice Collister and Willim B.Collister
grantors and ACEE BCEE,a Wyoming corporation recorded November 22,2006 at
Reception No. 3437039.
50. An Oil and Gas Lease,executed by The Estate of William A.Sargent as lessor(s)and by
Panhandle Production Co.as lessee(s),for a primary term of one year,dated May 13, 1983,
recorded May 19, 1983 at Reception No. 1927497,and any and all assignments thereof or
interests therein.
51. Terms,conditions,provisions, agreements,easements and obligations specified under the
letter,which was recorded February 12, 1987 at Reception No.2088348.
52. Terms,conditions,provisions,agreements,easements and obligations specified under the
Notice Concerning Underground Facilities of United Power,Inc.,which was recorded
January 24, 1991 at Reception No. 2239296.
53. All items as set forth on Recorded Exemption No. 1303-35-1-RE1634,recorded October 3,
1994 at Reception No. 2409232,and as set forth and shown on ALTA/ACSM Land Title
Rural Survey,recorded October 29,2003 at Reception No.3121351.
The following exceptions affect only the parcel known as Parker/Sirios:
54. The right of the proprietor of a vein or lode to extract or remove his ore, should the
same be found to penetrate or intersect the premises thereby granted and rights-of-way
for ditches and canals as reserved in United Stated Patent recorded July 15, 1895 in
Book 57 at Page 371 and 374, July 15, 1895 in Book 51 at Page 288 and 289 and any
and all assignments thereof or interests therein.
55. The right of the proprietor of a vein or lode to extract or remove his ore, should the
same be found to penetrate or intersect the premises thereby granted and rights-of-way
for ditches and canals as reserved in United States Patent recorded July 12, 1895 in
Book 34 at Page 389 (affects the SW ''A of Section 7), and any and all assignments
thereof or interests therein.
56. Right of Way for ditches and canals constructed by the authority of the United States as
reserved in United States Patent recorded March 21, 1901 in Book 131 at Page 74.
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57. An undivided 'h interest in and to all oil, gas or other minerals as reserved by Melvin
A. Gibson and Grace D. Gibson in the Deed recorded November 9, 1956 in Book 1463
at Page 354, and any interests therein or rights thereunder.
58. Oil and Gas Lease between Vernon H. Preston and Rosie Jean Preston and Leon
Zimbelman dated September 28, 1970, recorded January 12, 1971 in Book 638 at
Reception No. 1560245, and any interests therein or rights thereunder.
Note: Extension of the above Lease as claimed by Affidavit of Production by Beaver
Mesa Exploration Company, recorded November 17, 1975 in Book 753 at Reception
No. 1674738.
59. Royalty Deed from Vernon H. Preston to Richard H. Preston, Barbara J. Preston,
James K. Preston and Virginia A. Preston recorded August 6, 1974 in Book 720 at
Reception No. 1641981.
60. Terms, conditions, provisions, agreements and obligations specified under the
Easement and right of way for pipe lines, and appurtenances and accompanying
telephone and telegraph lines and appurtenances granted to Phillips Petroleum
Company by Vernon H. Preston and Rosie J. Preston, which was recorded January 27,
1975 in Book 731 at Reception No. 1652786.
61. Terms, conditions, provisions, agreements and obligations specified under the
Easement and right of way for pipe line and from time to time additional pipe line or
lines, drips, pipe line markers, valves launchers receivers, cathodic equipment test
leads, and all appurtenances convenient for the maintenance and operation of said pipe
lines granted to Panhandle Easement Pipe Line Company, which was recorded May 5,
1975 in Book 738 at Reception No. 1659636.
62. An undivided '/a interest in and to all oil, gas or other minerals as conveyed to Vernon
H. Preston by Mineral Deed recorded June 6, 1975 in Book 740 at Reception No.
1662151 and 166252 and re-recorded June 23, 1975 in Book 741 at Reception No.
1663429 and 1663430, and any interests therein or rights thereunder.
63. Terms, conditions, provisions, agreements and obligations specified under the
Easement and right of way for a pipe line as granted to Charter Gas Resources, Inc.,
which was recorded January 2, 1976 in Book 756 at Reception No. 1678253.
The following exceptions affect only the parcel known as Whitfield Section 3:
64. Rights-of-Way for Weld County Road No. 69 as established in instrument recorded
October 14, 1889 in Book 86 at Page 273.
65. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals
underlying the land, the exclusive right to prospect for, mine and remove oil, coal and
other minerals, and the right of ingress and egress and regress to prospect for, mine and
18
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remove oil, coal and other minerals, as contained in Deed, and any and all assignments
thereof or interests therein.
66. Reservation by Harold Huwa of one-half(1/2) of all oil, gas and other minerals as
contained in Deed recorded January 6, 1981 at Reception No. 1846122.
67. Terms, conditions, provisions, agreements, easements and obligations specified under
the Notice Concerning Underground Facilities of United Power, Inc., which was
recorded January 24, 1991 at Reception No. 2239296.
68. Terms,conditions, provisions, agreements, easements and obligations specified under the
Right of Way and Easement Agreement, which was recorded August 5, 1993 at
Reception No.2345022.
69. Terms, conditions, provisions, agreements, easements and obligations specified under
the Right of Way and Easement Agreement, which was recorded August 27, 1993 at
Reception No. 2348052.
70 Reservation by Herman Huwa and Anna Huwa of one-half(1/2)of all hydro-carbons, oil,
gas, aggregates and other minerals as contained in Warranty Deed recorded September
24, 1999 at Reception No. 2722727.
71. Reservation by Herman Huwa and Anna Huwa of one-half(1/2) of all hydro-carbons,
oil, gas, aggregates and other minerals contained in Warranty Deed recorded
September 24, 1999 at Reception No. 2722730.
72. Reservation of a strip of land 70 feet in width along the Southerly property line of the
subject property for the right-of-way of State Highway No. 52, as shown on Recorded
Exemption No. 1477-03-4-RE3095 recorded August 31, 2001 at Reception No.
2879715.
73. All items as set forth and shown on the Recorded Exemption 1477-03-4-RE3095,
recorded August 31, 2001 at Reception No. 287915 and on Recorded Exemption 1477-
03-4-RE3096, recorded August 31, 2001 at Reception No. 2879716.
NOTE: Amended Recorded Exemption No. 1477-034 AMRE-3096 recorded December
6,2007 at Reception No. 3522069.
The following exceptions affect only the parcel known as Whitfield Section 15:
74. Rights-of-Way for Weld County Roads 8 and 67 as established in instrument recorded
October 14, 1889 in Book 86 at Page 273.
75. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals
underlying the land, the exclusive right to prospect for, mine and remove oil, coal and
other minerals, and the right of ingress and egress and regress to prospect for, mine and
remove oil, coal and other minerals, as contained in Deed, and any and all assignments
thereof or interests therein.
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Note: A Release and Quitclaim Deed in connection therewith recorded December 17,
1998 at Reception No. 2661201. A Request for Notification of Surface Development
recorded May 28, 2002 at Reception No. 2954621.
76. Reservation by Arthur Huwa and Shirley I. Huwa of one-half (1/2) of all oil, gas and
other minerals as contained in Warranty Deed recorded April 10, 1984 at Reception No.
1962381.
77. Terms, conditions, provisions, agreements, easements and obligations specified under
the Notice Concerning Underground Facilities of United Power, Inc., which was
recorded January 24, 1991 at Reception No. 2239296.
78. All items as set forth and shown on Recorded Exemption No. 1477-15-3-RE1358,
recorded July 24, 1991 at Reception No. 2257301; on Subdivision Exemption No. 812,
recorded March 31, 2000 at Reception No. 2758902 and Recorded Exemption No. 1477-
15-3-RE3528,recorded June 3,2003 at Reception No. 3068528.
78. An oil and gas lease, executed by U.S. AgBank, FCB fka Farm Credit Bank of Wichita
as lessor(s) and by Blue & Gray Resources Inc. as lessee(s), for a primary term of five
(5) years, dated December 5, 2006, recorded January 5, 2007 at Reception No.
3445912, and any and all assignments thereof or interests therein.
The following exceptions affect only the parcel known as Jill Zimbelman:
80. Right-of-Way Easement, whether in fee or easement only, to lay, maintain, operate,
repair, relocate, replace and remove a pipe line for transportation of water, gas,
petroleum or its products, and such drips, valves, fittings, meters and other equipment
and appurtenances, as granted to Crystal Gas Resources, Inc. by Donald Vogel in the
instrument recorded October 16, 1995 in Book 1515 at Reception No. 2459588.
NOTE: Ratification of the Right-of-Way Agreement executed by Leroy E. Zimbelman
and Jill R. Zimbelman, recorded May 3, 1996 in Book 1545 at Reception No. 2489093.
AFFEC ib: Section 11 of this parcel.
81. Right-of-Way Easement, whether in fee or easement only, for an electric transmission
lineand appurtenances, as granted to Tri-State Generation and Transmission Association,
Inc., by Leroy E. Zimbelman and Jill R. Zimbelman, recorded September 16, 1999 at
Reception No. 2720798.
NOTE: License by and between Duke Energy Field Services, Inc. and Tri-State
Generation and Transmission Association, Inc. given in connection with the above right-
of-way recorded February 2, 2000 at Reception No. 2747548. AFFECTS: Section 11 of
this parcel.
82. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on
the Recorded Exemption No. 1477-11-1-RE-2885 recorded January 18, 2002 at
Reception No. 2918246. AFFECTS: Section 11 of this parcel.
20
eRecorded in Weld County,CO Doc Id:3563030
06/25/2008 03:46 P Receipt#: 7365388
Page: 1 of 4 Total Fee:$58.26
Steve Moreno, Clerk and Recorder
-,
PERSONAL REPRESENTATIVE'S DEED
(Hummel)
THIS DEED is dated June l l ,2008 and is made between JOSEPH ALAN RUMMELL,
the "Grantor", as Personal Representative of the Estate of FRANCES W. HUMMEL a/k/a ENA
FRANCES HUMMEL a/ic/a ENA FRANCES HUMMELL,deceased,and PV WATER II LLC,a
Colorado limited liability company, the "Grantee", whose legal address is 4643 S. Ulster Street,
Suite 1300,Denver, Colorado 80237,of the City and County of Denver and State of Colorado.
WHEREAS,the decedent died on the date of March 8,2008 and Grantor was duly appointed
Personal Representative of the Estate by the District Court in and for the County of Arapahoe,State
of Colorado, Probate No. 08 PR 445, on May 8, 2008, and is now qualified and acting in that
capacity;
NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado
Probate Code, Grantor does hereby sell, convey, transfer and set over unto Grantee for and in
consideration of Three Hundred Seventy-Two Thousand Six Hundred Dollars($372,600.00),the
following described real property situate in the County of Weld,State of Colorado:
See Exhibit A attached hereto and incorporated herein.
With all appurtenances,subject to those matters as set forth on Exhibit B attached hereto
and incorporated herein.
In WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above.
JOSEPH ALAN HUMMELL
0. G..Q
rsonal Representative of the
state of FRANCES W. HUMMEL a/k/a
ENA FRANCES HUMMEL a/k/a
ENA FRANCES HUMMELL
STATE OF COLORADO )
) ss.
r>COUNTY OF2ioe...-J
The foregoing instrument was acknowledged before me this j g day of June,2008,by
JOSEPH ALAN HUMMELL,as Personal Representative of the Estate of FRANCES W.
HUMMEL a/k/a ENA FRANCES HUMMEL a/k/a ENA FRANCES HUMMELL,Deceased.
WITNESS my hand and official//ic� seal.
;/, .;,,•..'„n expires:'£O 0I- 1.2-
%,i a S Afr 6341 r≥) 73SU 0
4W+crr t des
eRecorded in Weld County,CO Doc Id:3563030
06/25/2008 03:46 P Receipt#: 7365388
Page:2 of 4 Total Fee:$58.26
Steve Moreno, Clerk and Recorder
Exhibit A
to
Personal Representative's Deed
(Hummel)
(Legal description)
That part of the SW' of Section 27,Township 1 North,Range 63 West of the 6"'Principal
Meridian South of Prospect Lateral,described as follows,to-wit
Beginning at the Southwest corner of said Section 27,thence North along the West line of said
Section to the South right of way line of Prospect Lateral;thence in a generally Easterly
direction along the South right of way line of said Prospect Lateral to the point of intersection
with the North-South centerline;thence South along said centerline to the South quarter corner of
said Section; thence West along the South line of said Section to the Southwest corner thereof,
Weld County,Colorado.
eRecorded in Weld County, CO Doc Id: 3563030
06/25/2008 03:46 P Receipt#: 7365388
Page:3 of 4 Total Fee:$58.26
Steve Moreno, Clerk and Recorder
Exhibit B
to
Personal Representative's Deed
(Hummel)
(Exceptions)
1. Taxes and assessments for the year 2008 and subsequent years,a lien not yet due or
payable.
2. Rights of way for County Roads 30 feet on either side of Section and Township lines as
established by the Board of County Commissioners for Weld County,recorded October
14, 1889 in Book 86 at Page 273.
3. Reservation by the Union Pacific Railroad Company of all oil,coal and other minerals
underlying the land,the exclusive right to prospect for,mine and remove oil,coal and
other minerals,and the right of ingress and egress and regress to prospect for,mine and
remove oil,coal and other minerals,as contained in deed recorded October 5, 1904 in
Book 217 at Page 218,and any and all assignments thereof or interests therein.
Note: Mineral Deed by and between Union Pacific Land Resources Corporation and
Champlin Petroleum Company was recorded January 25, 1978 at Reception No.
1742593.
Note: Release and Quit Claim Deed by and between Union Pacific Railroad Company
and Union Pacific Land Resources Corporation was recorded December 17, 1998 at
Reception No.2661201.
Note: Request for Notification of Surface Development recorded May 28,2002 at
Reception No.2954627.
4. Any and all right of way for the Prospect Lateral,as the same now exists on said land,
which is not defined by a recorded instrument.
5. Notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed
with the Weld County Clerk and Recorder as disclosed by the following instruments:
(a) Mountain Bell Telephone Company,recorded October 1, 1981 in Book 949 at
Reception No. 1870705.
(b) Colorado Interstate Gas Company,recorded August 31, 1984 in Book 1041 at
Reception No. 1979784.
(c) Public Service Company of Colorado,recorded November 9,1981 in Book 952 at
Reception No. 1874084.
(d)Western Slope Gas Company,recorded April 2, 1983 in Book 990 at Reception No.
1919757.
(e) Western Gas Supply Company,recorded April 2, 1985 in Book 1063 at Reception
No.2004300.
Note: These Notices are general and do not necessarily give notice of underground
facilities within the subject property.
eRecorded in Weld County, CO Doc Id:3563030
06/25/2008 03:46 P Receipt#: 7365388
Page: 4 of 4 Total Fee: $58.26
Steve Moreno, Clerk and Recorder
6. Terms,conditions,provisions,agreements and obligations specified under the Oil and
Gas Lease from Champlin Petroleum Company to Amoco Production Company,which
was recorded January 25, 1978 in Book 821 at Reception No. 1742594.
7. The effect,if any,imposed upon said land by reason of its inclusion into the letter
notifying land owners of the intent to create a toll road expressway for the Prairie Falcon
Parkway Express,as set forth in instrument recorded January 5,2007 at Reception No.
3445894.
ya t .
I
1. ,mss : — —
SO ^ MAR 1 1972
Ric.Na 1S1a S'7:1? Aim soa ve, beards
0
ri 664 ;
_J
Court Filing Stamp . IN THE DISTRICT COURT
WELD
i I r L ii - 5u County ofigisjiaik
State of Colorado
: ... .. _ ...: No. P- 11796
a% CI_ER1
DECREE OF FINAL SETTLEMENT
r- AND DISCHARGE OF EXECUTOR,
t—
q
IN THE MATTER OF THE ESTATE OF ADMINISTRATOR OR GUARDIAN
JAMESENA S. WOLFFRUM, aka
-,i JAMESENA SCOTT WOLFFRUM and PROBATE ORDER BOOK NI
JAMESENA WOLFFRUM, DOCUMENT NO, _L 147-4.-
0,
J
N
Deceased,
o
0
Now on this day the Court finds that all requirements of law and orders of this Court incident to
`` the administration and closing of said estate have been complied with; 'tlS ixtac751S7N6'i4Kcc2k
o tiG¢7ixxx 4768K tat;* 'that final distri-
hution of the personalty in said estate has been made as follows:'
-c
1. THREE THOUSAND FIVE HUNDRED
SIXTY SIX DOLLARS AND NIN'ET'Y
FOUR CENTS ($3,566.94) ; '
2. Miscellaneous personal effects
of deceased.
3. 72,557 lbs. of barley stored at
Boehner Elevator, Keenesburg,
Colorado;
4. 1959 Chevrolet - 2-door Impala
Sport Coupe, Colorado Title
.No. C-184880, Mfgrs. No. F59K141958.
.e. to
' , ENA •FRANCES HUMMEL, sole beneficiary of
- the 'within estate.
IT IS ORDERED AND DECREED that the final report of ENA FRANCES HUMMEL,
Executrix.
aninno X]a'�f11O01LmwSDX of said estate he, and the same is hereby approved. Final receipts)
of the person(g) to whom distribution has been made having been filed by said fiduciary.
IT IS ORDERED that said fiduciary be and is hereby discharged from lifk office and trust as
fiduciary of said estate, and Li b Ixxxaebiasotftamxxrcxxvxx:x5ct aRKYJcsuch fiduciary bexatk decay
dEiCagehl9creleased and discharged from all further liability t{K#..ti'1Gli.'4 hereunder.
,. .vet
Done and signed in open Court this .79-.c/ day of 1971 .
...B..THE �RT. 9
•Strike wording between asterisks ��4Y'*�
�0 ++4r District Judge
that is inapplicable. =� l Q[. , ���JJJ
��_.
Sec. 153-LI-ll C.R.S. �J )in�y+.• p -
iiiiii. - _ ................‘._. _,,, i:, . ....„,si.,, inf;
4 ^ r
tit
�w� P MAR 16 1972
goon 3585`731 boor 1982 p { 9{ s
664 0Y Nu....-_...— Mn $sort . <�.
(9--57 2 DEC 231971
1 Re-ig 6;2'74 .. a .
STATE OF COLORADO ) SUPPLEMENTAL AFFIDAVIT IN
`- ) SS. THE MATTER OF TITLE TO REAL
r
COUNTY OF ARAPAHOS PROPERTY Hr:T,i, TN JOINT TENANCY
m_
Lh
Oi
o
Cl
Si
COMES NOW, ROBERT J. FLYNN, of lawful
-13
,, age and being first duly sworn upon oath deposes
o and states:
0
THAT Affiant has personal knowledge of
the fact that JAMES LAWRENCE WOLFFRUM, Deceased, who
died December 30, 1964, is one and the same person
as JAMES LAWRENCE WOLFRUM, referred to in the certi-
fied copy of the Ohio Death Certificate certified
by the State Registrar on February 9, 1965 and re-
corded September 28, 1970 in Book 633 as Reception
No. 1555279, and was at the time of his death on
December 30, 1964, subject to a life estate in
JAMESENA S. WOLFFRUM, the owner in joint tenancy
with ENA FRANCES HUW€LL of the hereinafter
described real property situate in the County of
Weld and State of Colorado, to-wit:
That part of the SW'k of Section 27, Town-
ship 1 North, Range 63 West of the 6th
P.M. , described as follows:
Beginning at the Southwest corner of said
Section 27; thence North along the West
line of said section to the South right
of way line of the Prospect Lateral;
thence in a generally Easterly direction
along the South right of way line of
said Prospect Lateral to the point of
intersection with the North-South center-
line; thence South along said centerline
to the South quarter corner of said sec-
tion; thence West along the South line
of said section to the Southwest corner
thereof, the place of beginning;
AND,
The SEk, and the E4 of the SWk, Section
20, Township 1 North, Range 63 West of
the 6th P.M.
Affiant states that he has no record
interest in the above-described real property.
1585731
a - a
M1982 PAGE 192 a
664
FURTHER AFFIANT SAYETH NOT. _ __ ..
/i
'
.lIaL'
Robert J. ynn ;/Z . _
c/ v
- .Subscribed and sworn to before me this
%' day of September, 1971, by ROBERT J. FLYNN.
Witness my hand and notarial seal.
My commission expires: _...:-//,/,,, f rc, /(.7-72-/ -
0TATo- -
- ; / ;-i
!!):10 o _• Notary Public
'.112.�"\., r cot
-
•
- 2 -
--Y
a
•
.i;iiiil.4 . .,
__,.
I• .t Y µ.yyµ,i�t k'S ,.y 5_ _y.
y ''T' �+ .. f�4 ;o1-;' ' ^�ft�y t' f- 2.
4,
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. . : �f• -+i'� .w -F� .0 MAR 16 1972
. No 1585730 a. Sec.., Lateran I 4-
3 I , 1� r
d�� aao x „ . 4€c s7t
Recc+d-J,S Cr�r�l� $ f 962 PACE 186 •
----v. 1 7.- 21 1 -1 U0ti;E PdGE.l � • �£�/ :_• A,
Sep n.
LAST WILL AND T_#-`rr NT 1911 ''"
I •_ P '
ERr
0vPO'ATr C"D .^. BOOK 6c OF J• r-LYN
D N9- a -- 7n_.,
�OCUN.-MT NO...-.L---•---.'�
JAMESENA S. WOLFFRUM P //74L__
t1 Also known as Jar'iesena Wolffrum ' A
t`
to
03
to
1-1 r-I I, JAMESENA S. WOLFFRUM, also known as Jamesena - j _n
no iY
r- EF .at)
Wolffrum, of Keenesburg, County of Weld, State of Colorado, being
t .M1,
r
-o
,y of sound and disposing mind and memory, do make, publish and de- 'J
p
dare this to be my Last Will and Testament, hereby revoking any
t
t`"— • and all Wills and Codicils heretofore made by me.
drFollowing my demise I direct that my Executrix, hereinafter
named, pay, out of my estate, all of my just debts, including the
expenses of my last illness, funeral expense, expenses of administration
of my estate and to pay as a part of the expenses of administration,
c
all inheritance, estate, legacy, succession or other taxes arising out q
of or payable by reason of my death. 1y-.
F
I hereby direct that she thereafter make the following disposition
of my estate:
I.
I give, devise and bequeath unto my beloved daughter, Ena f I'
1
/
Frances Hummel, presently residing(at 3741 S. Fox Street, Englewood,
Colorado, all of my .property of whatsoever kind or character, whereso-
ever situate, whether said property be real, personal or mixed. In f
making of this devise and bequest, I recognize that my deceased son c
has left two children but it is my wish and desire that they take nothing - -
by virtue of this my Last Will and Testament, should my beloved
daughter survive me. .
I
II. •In the event that my beloved daughter, Ena Frances Hummel,
i.
,y
µ�should predecease me, then and in that event I give unto my heirs-at- ,.:+}..
-',I
law all of my estate as determined under the laws of the State of 4, l
Colorado—in effect at the time of my death. _ t I -
1585730 ..
WOK rs3 -a
rymy 198 Q rC A
Bo2 mei 187 4}
t hr rcby appoint as Executrix of this my estate, Ena Frances It.,
� . :
it.•r+ncl, v:ith full power and authority to make such settlement of my _ '"p'
,:a tc as she shall deem proper; to settle and compromise all matters +
_ l
relative to my estate or any claim against the same or in favor of
� ;v
said estate; to sell a part or all of my property and dispose of the
proceeds thereof as she may see fit; to make such deed or deeds, or
tnstrument or instruments as may be necessary, required or desirable
to dispose of said property and to do any and all things necessary or '_t
convenient relating to my estate that I could do if living.
k._
It is my further declaration that my Executrix shall not be
4Ca
required to make or give bond for any matter in the handling of my ".p
rj
estate.
IV. -
In the event for any reason my beloved daughter, Ena Frances
Hummel, shall be unable or unwilling to accept the appointment and J`
perform the duties hereinunder as Executrix, then I hereby appoint
The First National Bank of Englewood, Englewood, Colorado, as
Executor of this my Last Will and Testament with all the power and
authority which I have vested, given and delegated to the Executrix named
in the preceding section hereof.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this day of ;
L.-6.1-0./z. 1965.
r vii- na fY•`r+C�}�
C Jamesena S. Wolff
"E ORDER Booic 6
&re.:e
foes
,t,
R l a
.�, . .. a . -t.��' 'e w. a:
•.F. - - - - .-
a 1585730
ocx f64
an 1982 fur:
we, the undersigned, hereby certify that the foregoing in- •
-
•¶i..,r.rnt was, on the day of the date thereof, signed, sealed, pub-
-
;,r.{ and declared by the said JAMESENA S. WOLFFRUM, also
iryedi.. _ ,,mesena Wolffrum, the Testatrix, as and for her Last Will
and Testament, in the presence of us, who, in her presence and in
the presence of each other, have, at her request, hereunto subscribed
our names to this the last page, and our initials to the first page and
second page as witnesses of the execution thereof, and we further
certify- that at the time of the execution we believe the Testatrix was
of sound and disposing mind and memory. —
WITNESS: ADDRESS:
g7.-4•6
/ -`i.
OCTC
)42-jd /9—__cfrt, ea?
•
t.ektaked-W.&.a full, true and correct I - . - 71
iJiT1ct
.af th - In my custody. I -
t, Col
•
))I
PROBATE ORDER BOOK 6
1
DOCUMENT NO.„� ';-
'. :fle
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