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Home My WebLink About20121654.tiff CO ° y rTELECOMMI.NICATIONS SITF. [ EASE AGREEMENT This Telecommunications Site Lease Agreement ("Agreement") is entered into by and between Shelton Land and Cattle, Ltd., a Colorado Corporation ("Lessor"), whose address is P.O. Box 65, Roggen, Colorado 80652, and Petroleum Development Corporation d/b/a PDC Energy, ("Lessee"), whose address is 1775 Sherman Street. Suite 3000, Denver, Colorado 80203 (individually, a"party"; together,"the parties"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. Premises. Lessor is the owner of the surface estate in a portion of the E/2S W/4 of Section 25, Township 4 North, Range 65 West, 6's P.M., Weld County, Colorado, being more fully described as a metes and bounds description in that Warranty Deed recorded at Reception No. 2419044 on December 14, 1994, in the Weld County public records(the "Land"). Lessor hereby leases to Lessee and Lessee leases from Lessor approximately 3,600 square feet, (60' x 60'), of the Land and all access and utility easements, if any, (the "Premises"). The Land and Premises are more particularly described in Exhibit A attached hereto and made a part of this Agreement. 2. Use. The Premises may be used by Lessee for any activity in connection with the provision of telecommunications services for oil and gas wellbore automation. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. 'Pests and Construction. Lessee shall have the right at any time following the fill execution of this Agreement to enter upon the Land for the purpose of: making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities(as defined in Paragraph 6(a)below). 4.(a) Initial Term and Rental. This Agreement shall be for an initial term of five (5) years beginning on the execution date of this Agreement ("Commencement Date"). The initial annual rental is ollars to be paid in equal annual installments on the commencement date, in a vance, to essor. essee shall make all annual rental payments on the anniversary of the commencement date throughout the lease term and any renewal terms. In the event Lessor uses Lessees's Facilities for placement of its own agricultural use antenna during the initial term or an extended term hereof, rent paid to Lessor shall be reduced by � per year. Adjustment to rent shall he made at the next ensuing annua rents payment due and following completion of placement of Lessor's antenna on Lessee's Facilities. 4. (b) Additional Consideration. As additions nsideration to be paid under this Agreement, Lessee agrees to furnish Lessor with -nnore or less, of used oilfield tubing, approximate 2 3/8" in diameter, in "as is, where is" condition, ("Tubing") to be delivered for Lessor's use to its dairy operation located at WCR 42 and WCR 47. Such delivery shall be made, • upon giving Lessor at least forty-eight (48) hours prior notice, and upon full execution of this 2012- I Ip5f • Agreement. Upon receipt of the Tubing, Lessor is responsible for any additional hauling,moving or disposal of the Tubing. 4. (c) Extension of Term. l.essee shall have the option to extend the term of this Agreement for nine (9) additional consecutive five (5) year periods. Each option for an extended term shall be deemed automatically exercised without notice by Lessee to Lessor unless Lessee gives Lessor written notice of its intention not to exercise any such option,prior to the beginning of the extended rental term, in which case, the tern of the Agreement shall include the term as it is extended as provided in this Agreement. 4. (d) Extended Term Rental. The annual rental for the extended terms shall be payable in the same manner as the annual rental for the initial term however, each consecutive five (5) year extension period shall be increased by ercent II The annual rental for the extended five (5)year period shall be as follows: Extended Term Annual Rental for Five(5) Year Term 1"(Years 6-10) 2" (Years 11-15) 3rd(Years 16-20) 4th (Years 21-25) 5th (Years 26-30) 61°(Years 31-35) . 7' (Years 36-40) 8th (Years 41-45) 9th (Years 46-50) 5. Continuance of Lease. It'. at least six (6) months prior to the end of the ninth(9th) extended tent, either Lessor or Lessee has not given the other written notice of its desire that the term of this Agreement end at expiration of the ninth (91h)extended term, then upon the expiration of the ninth (9'h) extended term this Agreement shall continue in force upon the same covenants, terms and conditions thr a further term of one(1) year, and for annual terms thereafter until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of any such annual term. Annual rental during such annual terms shall be equal to the rent paid for the last year of the ninth (9h1) extended term for which the lease is continued under the above provisions. 6. Facilities; Utilities; Access. (a) Lessee has the exclusive right, except as otherwise specifically provided in this Agreement, to erect, maintain and operate on the Premises radio communications facilities, including without limitation an antenna tower or pole and foundation, utility lines, transmission lines. air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas. supporting equipment and structures thereto ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. 1.essee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. Upon termination of this Agreement. Lessee shall not be required to remove any foundation more than four(4) boot below grade level. (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company that will provide service to the Land (including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or easements as may he required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. Any easement necessary for such power or other utilities will be at a location acceptable to lessor and the servicing utility company. (c) Lessee,and its employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents. employees, contractors, guests and invitees, a . non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land and Premises as described in Exhibit A. (d) Lessor shall be given the option and right to install and maintain on Lessee's Facilities, at its sole cost and expense, an antenna for its agricultural use, including, for example, a Global Positioning System (GPS) antenna. No other use of Lessee's Facilities shall be allowed by Lessor beyond the GPS antenna unless prior written approval is agreed to by Lessee, which approval shall not be unreasonably withheld. Lessee is willing to allow such use of the GPS antenna by Lessor, so long as Lessee can integrate said Lessor useage in with Lessee's use of Lessee's Facilities without causing interference with or to Lessee's well automation. In event of such use by Lessor, and after thirty (30) days written notice has been given to Lessee by Lessor, rent shall be reduced as described in Paragraph 4(a) above. 7. Interference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the Land, provided that their installations predate that of the Lessee Facilities. All operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC") requirements. (b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Land or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's . operations. Such interference shall be deemed a material breach by Lessor. In the event 3 . interference occurs, Lessor agrees to take all reasonable steps necessary to eliminate such interference, in a reasonable time period. 8. Waiver of Lessor's Lien. Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. 9. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as fellows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or(iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations Ior economic or technological reasons, including, without limitation, signal interference. 10. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this • Agreement as of' the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. II. Waiver of Subrogation. Lessor and Lessee release each other and their respective principals, employees, representatives and agents. from any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy, 12. Assignment and Subletting. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, however Lessee may not sublet or license all or any portion of the Premises to anyone not associated with the Lessee without written consent from Lessor. which consent shall not be unreasonably withheld. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity. or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or 4 with respect to letters of credit_ hankers acceptances and similar facilities or in respect of guaranties thereof. 13. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Land in fee simple and has rights of access thereto and the Land is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has fill right to make and perform this Agreement and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify and hold harmless Lessee from any and all claims on Lessee's leasehold interest. 14. Repairs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 15. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all claims (including attorneys' tees, costs and expenses of defending against such claims) arising from the negligence or willful misconduct of Lessee or Lessee's agents or employees in or about the Property. Lessor shall indemnity and hold Lessee harmless from all claims (including attorneys' fees, costs and expenses of defending against such claims) arising or alleged to arise from the . acts or omissions of Lessor or Lessor's agents, employees, licensees, invitees, contractors or other tenants occuring in or about the Property. The duties described in Paragraph 15 survive termination of this Agreement. 16. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given herein shall he made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: I . Lessor: Lessee: Shelton Land and Cattle, Ltd. Petroleum Development Corporation P.O. Box 65 1775 Sherman Street,Suite 3000 Roggen,Colorado 80652 Denver, Colorado 80203 Attn: Carrie Eggleston Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be subject to, and construed under, the laws of the State of Colorado, without regard to its conflict of law provisions, and jurisdiction and venue shall be solely in the courts of the State of Colorado, subject to the right of either party to remove a matter to federal court. f t) Lessor agrees that Lessee may record a Memorandum of this Agreement to put successors or assigns on notice that the Land is subject to this Agreement. Lessor further agrees to include a note regarding this Agreement in any annexation, subdivision plat, planned unit development or other land use designation or approval for which Lessor may apply. In all other respects, the parties intend and agree to keep the specific terms hereof confidential. In the event the Land is encwnbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non-disturbance and attornment instrument for each such mortgage or deed of trust. (g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing documentation required by the title insurance company. (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to he given tinder this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (j) All Riders and Exhibits attached hereto form material parts of this Agreement. (j) This Agreement may be executed in duplicate counterparts. each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have executed this Agreement this A day of , , 2011. LESSOR LESSEE Shelton I..and and Cattle, Ltd. Petroleum Development Corporation I<� C Print Name: ti-1 IL 55YL 1 • es R. Sch Title:_ Vice President .an ibililintigiliS 6 b. jf CR • _ . _ . 73 73 , O .O C , N n) - fl cu m p - ._ to E N c Et� &ma '.fir•-''J M O Q N W L Z 1 W L L N .40... '0 v = 41) N O V :St p H q) N O c Z Q D a 13 n O co C' o -o o CU v M CO _ ( i w p .0 c U : F co kr- p' 1a of a _3. o � ai Jra U o ›., U U N MID n m ca cu 13 II RI i CO • d O411 C (L ` r 0 N Q O W y >, r ea E 'C.., ate+ 6- N c CO I ' .C W L C 'U llj r- a O 4111 t6 y �, = • t E c6 N CD D U CD -C r 0 C C F- ?' - . to a ••-• 7 U L O °� O Z -o C a)0 CLI p p ® ,! c c o E L N "cm -4 a a m o 0 c VC ` _ ...-.7. 2 -- m Rf fl d O t1 Q �, co ...a v cc E men L 11 m4iaa � "c • - 1m J L N O c6 cu z N N I RI j 0J W -C C -- • CO 0 N C �' — N C N 0 �+ ›, Rf ?, N qt-' ' - I U p N IA to p .r C D .C .F E 0 "5 .C to r ca O U C i� C C V o V Q ++ Q '? '• U N z i� vim- cT3 cD 'a , te1' its.• -C C LP 83M i � v L ; ,a) 0 r P.II [[ -� • •• to +-� F _ /R U) H • • t, • \r+ t '^ CO C J a E2 a < .4i% \St: s . 0 - NT — c.,i • 411( ; t 4,,,,t- 'lc . /. .1,3/40 . : t Cz-it)rife.):Let le CI , _: zvet, " �il . . :,: y mil• � F � Yom' rIP Page 1 of 3 Mac Neumann • From: "Mac Neumann" <macneumann@att.net> • To: "Chris Gathman" <cgathman@co.weld.co.us> C 0 py Cc: "Chad" <chadd@kingsurveyors.com> Sent: Tuesday, June 05, 2012 9:25 AM Attach: Shelton Tower Lease_Fully Executed_Weld Co PC use_082511.pdf Subject: Re: SUBx11-0008 access Hi Chris, Per our phone conversation yesterday, please find attached a copy of our fully signed Tower Lease. As discussed portions of the lease have been lined out as they pertain to financial and other confidential information. After your necessary review, it is requested that this copy be destroyed. Thanks much. Mac Neumann, Agent to PDC 1151 Winslow Circle Longmont, CO 80504 (303) 517-3010 cell email: macneumann@att.net This email, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. Please do not read, copy or disseminate this communication unless you are the intended addressee. If you received this communication in error, please permanently delete and call (303) 517-3010 immediately and ask to speak to the sender of this communication. Also, please notify immediately via e-mail that you have received this message in error. ----Original Message---- From: Chris Gathman To: Mac Neumann Cc: Chad Sent: Monday, June 04, 2012 10:42 AM Subject: FW: SUBx11-0008 access Mac, I ran this memorandum by our County Attorney. Could you please provide us a copy of the telecommunications site lease agreement so that we can verify that the access is adequately addressed as referred to in the attached memorandum. Thanks! Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO. 80631 Ph: (970)353-6100 ext.3537 Fax: (970)304-6498 • 6/5/2012 • MEMORANDUM OF TELECOMMUNICATIONS SITE LEASE AGREEMENT WHEREAS on the 2.S day of A '40 2011,Shelton Land and Cattle,Ltd.,a Colorado Corporation whose address is P.O. Box 65. Roggen, Colorado 80652 hereinafter referred to as. "Lessor" entered into a Telecommunications Site J ease Agreement (hereinafter the "Agreement") with Petroleum Development Corporation,whose address is 1775 Sherman Street,Suite 3000,Denver,Colorado 80203,hereinafter referred to as "Lessee,"covering and affecting property with the legal description identified as the following("the Land"): Township 4 North,Range 65 West,6th P.M. Section 25:Portion of E2S W/4 Weld County,Colorado WHEREAS said Agreement provides for,among other things,the right to enter upon and use the Lessors' Land for the purpose of erecting and maintaining a radio communications facilities site location,as specifically described in the Agreement, and to perform other services as Lessee and other functions described in the Agreement The Agreement,with all of its terms,conditions,covenants and other provisions,is referred to and incorporated into this Memorandum for all purposes. NOW THEREFORE this Memorandum is placed of record for the purpose of giving notice of the Telecommunications Site Lease Agreement Any person having the lawful right or legitimate interest therein may examine a copy of the Telecommunications Site Lease Agreement in Petroleum Development Corporation's office during normal business hours. IN WITNESS WHEREOF,the parties hereto have executed this instrument this ,:)-5 day of 'Ay 1, ,2011. Lessor. • Shelton Land and Cattle,Ltd € Ac', Print Name: RenA.2e E.SNt)d"61 Title: V.P. Lessee: 2 j; Petroleum Develop/14n%Corporation By:James IL Schaff'Vice President Land STATE OF COLORADO ) ) COUNTY OF DENVER ) This instrument was acknowledged before me this day of ' ,2011,by James R. SchafL Vice President Land of Petroleum Development Corporation. WITNESS MY HAND AND OFFICIAL SEAL. • CARRIE EGGLESTON NOTARY P&SJJQtblic My commission expires: -' STATE OF COLORADO My Commission Expires 10/12/2014 • STATE OF (_ -' IC 1' ;-I : r ) COUNTY OF - ) This instrument was acknowledged before me this. : day of I^`'-)i;.tc---1 2011,by 1 as t , . , ) i ,.. of Shelton Land and Cattle,Ltd. WHEREAS said Agreement provides for,among other things,the right to enter upon and use the Lessors' Land for the purpose of erecting and maintaining a radio communications facilities site location, as specifically described in the Agreement, and to perform other services as Lessee and other functions described in the Agreement The Agreement,with all of its terms,conditions,covenants and other provisions,is referred to and incorporated into this Memorandum for all purposes_ IIINOW THEREFORE this Memorandum is placed of record for the purpose of giving notice of the Telecommunications Site Lease Agreement Any person having the lawful right or legitimate interest therein may examine a copy of the Telecommunications Site I rase Agreement in Petroleum Development Corporation's office during normal business hours. IN WITNESS WHEREOF,the parties hereto have executed this instrument this aQ'day of Alit ,2011. Lessor. Shelton Land and Cattle,Ltd Print Name: ikencil& E ShQ)tDn Title: V.C Lessee: 9eiroleum Development Corporation By:James R.Schaff,'Vice President Land STATE OF COLORADO ) COUNTY OF DENVER ) This instrument was acknowledged before me this - day of ' ,2011,by James IL Schatz Vice President Land of Petroleum Development Corporation. • WITNESS MY HAND AND OFFICIAL SEAL. CARRIE EGGLESTOid NOTARYlaii3 itblic My commission expires: STATE OF COLORADO My Commission Expires 10/12/2014 STATE OF e I( r' `{i ) ) COUNTY OF ) • This instrument was acknowledged before me this. day of /2,` - i 2011,by as '-' ) • >-' ...'. of Shelton Land and Cattle,Ltd. WITNESS MY HAW /14/0 rlclfI- 5CAL, 7221.4__," -4/744,001utttglq�i YYy cc:hm y<,ca, eii f%rea: LI 1lel I;-1 ly So. toriqs. 2� Cfi • AR2wirtun WARRANTY DEED 12th THIS DEED, Made this nth day of December, 1994 between • Plums Poultry Co., a Colorado General Partnership of the County of Weld and State of Colorado, grantor, and Shelton Land and Cattle, Ltd., a Colorado Corporation whose legal address is Box 65, Roggen, CO 80652 of the County of Weld and State of Colorado, grantees: WITNESSETB That the grantor for and in consideration of the s BOMDYm SIXTY THREE THOMMAlm FIVl RNNDRED AND 00/100, (6263,500.00) Dollars, u; receipt and sufficiency of which is hereby acknowledged, has ed, bargained sold and and unto the conveyed, and by these presents does grant, , sell, convey with (�- Rates, his heirs end assigns forever, all the real property, together giaprovmee:Ls, if any, situate,lying and being in the County of Weld and state of 3- Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as Vacant Land, Weld County„ Colorado TOGETHER with all and singular the hereditament' and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, and toclaim bargaiined premises, with theer of the ghereditaments and appurtenances. tor, either in prr � of in TO NAVE AND TO ROLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the easealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, limns, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1994 and subsequent years; except easements, restrictions, • covenants, conditions, reservations and rights of way of record, if any; 2419044 8-1471 P-556 12/14/94 04:08P PO 1 OF 2 REC C 26.35 DO Weld County CO Clerk & Recorder The grantor shall and will mania AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be ■pppplinable to all genders. IN WITNESS M®IEOF the grantor has executed this deed on the date set forth above. Plugs Poultry Co., a Colorado General Partnership Pluss, Jr., -Partner STATE OF COLORADO 1 Denver ) es. The foregoing instrument was acknowledged before me City and Canty of W630 ) this kith day of December, 1994 Sam Pluss4Co-partner of 12th by Plums Poultry Co., a Colorado General Partnership Witness my hand and official seal. My commission expires IC)-1-1-Clg NOTARY P4-1-1 i iu" ` ___ _ No. 93]IA. Ray'..7-84 r---"-. rntnnawwf magi 1700 Lincoln, Suite 4100 Denver, Colorado 80203 ESCROW NO.: 8035253 DATE December 08 1994 • "EXHIBIT A" LEGAL DESCRIPTION 2419044 B-1471 P-556 12/14/94 04:08P PG 2 OF 2 PARCEL 1: All that part of the S1/2 of Section 25, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of said Section, thence West at right angles along South line of said Section 106 2/3 rods to a point; thence North at right angles 160 rods; thence East at right angles 106 2/3 rods to the East line of said Section; thence South at right angles along East line of said Section to the point of beginning. PARCEL 2: All that part of the S1/2 of Section 25, Township 4 North, Range 65 West of the 6th P.M., County of weld, State of Colorado, more particularly described as follows: Commencing at a point 106 2/3 rods West of the Southeast corner of said section; thence West at right angles along the South line of said Section 106 2/3 rods to a point; thence North at right angles 160 rods; • thence East at right angles 106 2/3 rods; thence South at right angles 160 rods to the South line of said section and point of beginning. PARCEL 3: The N1/2 of Section 25, Township 4 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING FROM Parcels 1, 2 and 3 above parcels of land conveyed to the Farmers Reservoir and Irrigation Company by deed recorded August 11, 1914 in Book 406 at Page 2. • I • HTCHeritage 55x(West 19th Street,?1100(1, Title Company Greeley,CO K0634 • Maki„F ttaq.Hilone tt.,,,,,t Phone: (970)330-4522 Fax: (866)828-0844 (� Commonwealth- • FILE NUMBER: 459-11032295 1-x20-(iR1) DATE: Fcinuny 22,2012 PROPERTY ADDRESS: 220,14 W('R 42„.CO BORROWER: Shelton .and 'Mile,I.Id.,a C'oIuradi'cta1►sa•atjot) PI EAST:DELIVER To 1'I III CUSTOMER 115...CD BELOW: TO: Mac Neumann,Agent In I'('1) PHONE: Mac Neumann FAX: 1151 Winslow('ir. E-MAIL: Longmont,CO 80504 NO.OF COPIES: 2 ------.--.._.._........__._._....._ .__-. ROUTING METHOD: Pick up ABOVE IS A"BIDE CLIENTS TO WHOM THE ATFACIIFD MATERIALS HAVE BEEN DELIVERED. SIIOULD YOU I IAVE ANY QUESTIONS REGARDIN(I THESE:MAtERIAl.S,PLEASE CONTACT Heritage Title.Company,Inc.AT THE ABOVE PHONE NUMBER. WE SINCERELY THANK YOU FOR YOUR BUSINESS. • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES • COUNTY OF WELD Page 1 Heritage Title Company, Inc. 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 Parcel 1: All that part of the S of Section 25, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of said Section, Thence West at right angles along South line of said Section 106 2/3 rods to a point; Thence North at right angles 160 rods; Thence East at right angles 106 2/3 rods to the East line of said section; Thence South at right angles along East line of said Section to the point of beginning. Parcel 2: All that part of the S Yz of Section 25, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Commencing at a point 106 2/3 rods West of the Southeast corner of said section; Thence West at right angles along the South line of said Section 106 2/3 rods to a point; • Thence North at right angles 160 rods; Thence East at right angles 106 2/3 rods; Thence South at right angles 160 rods to the South line of said section and point of beginning. Parcel 3: • The N1/2 of Section 25, Township 4 North, Range 65 West of the 61h P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): LReception No. 1590982 [ Book 669 Reception No. 2419044 I Book 1471_ Reception No. 204181 Book 406 Page 2 (Irrigation Canal) Reception No. 3621184 _ j (Irrigation Canal) This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited • to the fees paid for this Certificate. '4. CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES • COUNTY OF WELD Page 2 In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be signed by its proper officer this 14th day of February, 2012, at 7:00 am. Order No. H0322951 Heritage Inc. By: _ . �__ eeo"^t Authorized Signatory • 41 `—I Recorded at . Y o'clock R h^- ._clUK ":6_1972. - - _ `? [Boot 669 Reception No. 1590882 Kaput all Men kg lifter f veranda, That L_..___________ ......________...___-------" Sam Pluss, Jr. __-^-_— I whose address is.__ 4060 South Birch Street,__„_^__ ._.__..._. City and Denver Colorado -.for the p. County of __._._.....and State of...._......_. consideration of.other good and valuable considerations and Ten __ __ ru CD CD Tpaid,hereby � y� Pluss Poultr Cv In in hand sell s' and convey(s)to X..._...:_.�...._..—_..._ —..—....._ N• I r1 whose address is...___.9D411'oJ.acado-Aoulvuard_ ▪,I City and C Denver and the State of Colorado the toCounty of---....-""----------------....--"— --..__--"--"-"- T+ .Veld _.__and State of Colorado, o following real property in the County of. .._-- -------- 0 o to-wit 1` See Schedule "A" attached T" I l ₹ mote DoLiaJ cumentaryyyyFee Date � • witbistkkaappattatmneginueosaratalgiqatIttastittpcolifettcle -----Signed this 31st day of. Mal A D 19. 72 i fn the Presence of o" Sam Pluss, Jr. 9a STATE QF COLORADO, I.ss. The foregoing instrument was acknowledged before me this a .•:•eo' $v f:Weld. f 4 y 31st day of May , 19.72 \01 Y.R V '••. ,p\i.11 ttNeas tly.4 o d and Official Seal. :.._ _._._ ` ��on Expires__?-13—i5._.__......_.... .xc.cc..,L. —�j(��•s.1= .._.._h4-7.. Notary Public Mailing Address for ...4031.1≤olorado..Roulernrd -.Demrac,...CDlorada Future Tax Notices WARRANTY DEED—STATUTORY FORM. FOR PHOTOGRAPHIC RECORR. —r„[C F HDEC EL.e.,, oe",cR ?..'7' 1 - r 1590982 1 rY eve " 669 '7 ' • Schedule "A" _ All that part of the Si of Section 25, Township 4 North, Range 65 West of the ( '` 6th P.M. , Weld County, Colorado,-more particularly described as follows: 1� x t .� Commencing at the Southeast corner of said Section, thence West at right t r� angles along South line of said Section 106 2/3 rods to a point; thence North at right angles 160 rods; thence East at right angles 106 2/3 rods to the East line of said Section; thence South at right angles along East line of said Section to the point of beginning, All that part of the Si of Section 25, Township 4 North, Range 65 West of the 6th P.M. , more particularly described as follows: Commencing at a point 106 2/3 rods West of the Southeast corner of said section; thence West at right angles along the South line of said Section 106 2/3 rods to a point;. thence North at right angles 160 rods; thence East at right angles 106 2/3 id section 4 angles 160 rods tothe South line of said rods; thence South at right S u - and point of beginning, • ' 25, 'p 4 North, 65 West of the 6th P.M. Weld Ng of Section Township Range County, Colorado { with all its appurtenances and wan-ant the title to the same, subject to the _ following: - - (1) 1972 taxes due and payable in 1973 and future assessments of Central Colorado Water Conservancy District, if any. (2) Rights of way or other easements as granted or reserved by instru- ' F ments of record, and more particularly described as Right-of-Way conveyed to 'I � • The Farmers Reservoir and Irrigation Company by deed recorded in Book 406 at page 2 of the Weld County records, and Right-of-Way conveyed to Weld County, Colorado in Book 1046 at page 21 of the Weld County records. f. 7..{ I f 1 (3) Any and all reservations and exceptions contained in instruments of record which in any way relate to or burden the above described premises, including the following: Reservation to the Union Pacific Railroad Company of all oil, coal and other minerals within or underlying said land by deed recorded in Book 346 at , page 537 of the Weld County records. (4) Outstanding oil and gas lease recorded under Reception No. 1559660 in Book 638 of the Weld County records. (5) Promissory note in the original sum of 575,650.00 secured by deed of ` a°' t-ust dated May 31, 1972 payable to the order of Adam Kildow, Jr. and Mary Kildow, which the grantee herein assumes and agrees to pay. • ♦R2v19DvI WARRANTY DEED 12th • THIS DEED, Wade this 1Qth day of December, 1994 between pities Poultry Co., a Colorado General Partnership of the County of Weld and State of Colorado, grantor, and Shelton Land and Cattle, Ltd., a Colorado Corporation whose legal address is Box 65, Roggen, CO 00652 of the County of Weld and State of Colorado, grantees: THREE R HOUS� grantorFIIVEbHHURED 00/100,or n($263,500.00)n of Dollars,e sum of TWO the receipt and SIXTY sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the e st iimpprroveaents,tee, his hiffrs any,situate,lying and being forever, all hinreal the property, of Weld and State of eColorado, described as follows: 3.%- SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as Vacant Land, Weld County„ Colorado TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, and profits thereof, and all the estate, right, title, interest, slain and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditaaents and appurtenances. TO NAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the conveyed and delivery, of pese teabsolutee is wall seised of the and indefeasible estate ofpremises above in conveyed, has mple, sure, perfect, law, in fee l simple, and has good m right, full power and lawful authority to grant, bargain, sell and convey t the same in looter and fora as aforesaid,a , and that the same are free and clear from all former and other grants, bargains, sales, liens, texce, assessments, encumbrances and restrictions of whatever kind or nature seesave w, except general taxes for 1994 and subsequent years; except easements, restrictions, • covenants, conditions, reservations and rights of way of record, if any; [EEC DOG 2414044 B-1471 P-556 11.%i4%54 04:08P n', 1 OF 2 10.00 26.35 Weld County CO Clerk & Recorder The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs assigns, against all and every person or persons lawfully claiaing the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. Plums Poultry Co., a Colorado General Partnership B Flues, Jr., o-Partner STATE OF COLORADO } } sa. The foregoing instrument was acknowledged before me Cr this aids day of December, 1994 City and County of } Sam PlussACo-partner of 12th by Plugs Poultry Co., a Colorado General Partnership Witness my hand and official seal. Wy commission expires JO- 11-Q Q • POfib- L-71742A1NoTARy "" s . nnaivf Rn611 No. 932A. Rev`-..'7-64 $(ERW'sffia" 1700 Lincoln, Suite 4100 Denver, Colorado 80203 ESCROW NO. : 8035253 DATE _ December OB 1994 • "EXHIBIT A" LEGAL DESCRIPTION 2419044 B-1471 P-556 12/14/94 04:08P PG 2 OF 2 PARCEL 1: All that part of the S1/2 of Section 25, Township 4 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Commencing at the Southeast corner of said Section, thence West at right angles along South line of said Section 106 2/3 rods to a point; thence North at right angles 160 rods; thence East at right angles 106 2/3 rods to the East line of said Section; thence South at right angles along East line of said Section to the point of beginning. PARCEL 2: All that part of the S1/2 of section 25, Township 4 North, Range 65 West of the 5th P.M. , County of Weld, State of Colorado, more particularly described as follows: Commencing at a point 106 2/3 rods West of the Southeast corner of said section; thence West at right angles along the South line of said Section 106 2/3 rods to a point; • thence North at right angles 160 rods; thence East at right angles 106 2/3 rods; thence South at right angles 160 rods to the South line of said section and point of beginning. PARCEL 3: The N1/2 of Section 25, Township 4 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING FROM Parcels 1, 2 and 3 above parcels of land conveyed to the Farmers Reservoir and Irrigation Company by deed recorded August 11, 1914 in Book 406 at Page 2. • Pw0L E .2_ 4111 WARRANTY ➢ E E D. • (los) THIS DEED Made this 5th day goy Augustin the year of our Lord one thousand nine hundred fourteen, between ANNA M.MAGNER of the City and County of Denver and State of Colorado, of the first part, and THE FARMERS RESERVOIR AND IRRITATION COMPANY, a corporation duly organized and-existing under and by virtue of the laws of the State of Colorado, with offices in the City and County of Denver and State of Colorado, of the second part; WITNESSETH, That the said party of the first part, for and in consideration of the sum of Three Hundred Twenty-five and 00/100 Dollars (#3.c.00),to the said party of the first part in hand paid by the said party of the second part,'the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold,and conveyed, and by these presents • does grant3 'bargain, sell, convey and confirm unto the said party of the second part, its successors and assigns forever, all the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to-wit: A strip of land through, upon, over and across Section Twenty-five (25), Township Four (4) North, Range :Sixty-five (65) West, upon which to construct, maintain and operate an irrigation canal; said scrip of land being Fifty (50) feet wide, extending Twenty-five (25) feet right and Twenty-five (25) feet left of the center line of the WEST BRANCH of the NERES CANAL; said center line passing through the points of the following described traverse and varying not more than Eight (8) feet from the lines connecting said points, said traverse line being described as follows, to-wit: BEGINNING at a oint in the p South 11ne_oP said Section Twenty-five (25), Sixteen Hundred Eighteen (1618) feet East of the Southwest corner thereof; said point being designated Station 479+65; thence North 3'37' East 131.3 feet to Station 481400; thence North 33,21' East 73.6 feet to Station 482+75; thence North 8°54' Weat 124.6 feet to Station 483+00; thence North 45t50' East484400; - '• th 14' to Station 1 2 eetthence 12 ; t East 50 fleet to °2 Station 484}50; thence North 14°23' West 172.5 feet to Station 486+25; thence North 37°29' East 123.6 feet to Station 487+50; thence North 51.51' East 99.2 feet to Station 489+50; thence North 54'22' East 222.2 feet to Station 490+75; thence North 40°41' Beet 124.6 feet to Station 492+00; thence North 61.03' East 99.2 feet to Station 493400; thence North 43°58' East 50 feet to Station 493+50; thence North 20'30' East 98.8 feet to Station 494450; thence North 76°25' East 98.5 feet to Station 495450; thence North 49°00' East 48.9 feet to Station 496+00; thence North 03°04' West 174 feet to Station 497{75; thence North 45°18' East 124.8 feet to Station 499}.00; thence North 16'39' East 123.4 feet to Station 500+25: North ° 7' East 123 feet to S. thence 83 5. Station 504+50; thence"North"2S°3D'"Fest'49 feet to Station • '. 502+00; thence North 12°32' West 149.2 feet to Station 503+50; thence North 29°46' East 49.4 feet to Station 5041600; thence North 74°00' East 48 feet to Station 504+50; thence South 47°25' Fast 274.5 feet to Station 507+25; thence North 80'13' East 46.5 feat to Station 507+75; thence North 9°31' East 74.7 feet to Station 505-50; thence North 49'16' East 47 feet to Station 5091600; thence South 77°22' East 174.5 feet to Station 510).75; thence North'51°23' ' East 72.5 feet to Station 511+50; thence'North 5'58' West 350 feet to Station 515+00; thence North 14°59! East 275 feet to Station 517+75; thence North 22°34' West 48.4 feet to Station 51x25; thence North 4635' West 224.8 feet to Station 520+50; thence North 32°15' West 299.7 feet to Station 523+50; thence North 36'09' West 150 feet to Station 525+00; thence North 154' West-49.1 feet to Station 525+50; thence North 34'12' East 200 feet to Station 527+50; thence North 55°09' East 45.6 feet to Station 528+00; thence\"South 75'41' East 149.7 feet to Station 529+50; thence North 83°47' East 99.4 feet to Station 530+50; thence North 63°22' East 74 feet to Station 531+25; thence North 9'36' West 73.2 feet to Station 532+00; thence North 18' 18 WEst 300 feet to Station 535r00; thence North 26 °19' West 100 feet toStation 536+00: thence North 18°12' West 99.6 feet to Station 537+00; thence North 24°38' East 171 feet toStation 538+75; thence North 27°36' West 124.6 feet to Station 540+00; thence North 6°26' West 95.7 feet to Station 541+00; Thence North 13'24' East 200 feet to Station 543+00; thence North 22°56' East 199 feet to Station ❑45+00; thence North 3'51' East 199 feet to Station 547+00; thence North 63'42' East 146.3 feet to Station 548+50; thence North 25'12' East 50 feet to Station 549+00; thence North 4`52' West 200 feet to Station 551+00; thence North 20'19' WEst 99.8 feet to Station 552+00; thence North 21.53' East 48.9 feet to Station 552+50;thence North 56.20' East 100 feet to Station 553+50; thence North 16.59! East 299.4 feet to Station 556+50, a point in the North line of said Section-Twenty-five -(25.), Thirty-six Hundred Seventy (3670) feet East of .the Northwest corner thereof. - CONTAINING Eight and eight-tenths (5.8) acres. `:.:. ALSO, a strip of land• through, upon, over and across R the Sixty-five 65) Bes upon which of Section Twenty-Dive (25), Township Pour (4) North, Gangs Six%y-pave (65) West upon w l+cm ponstauet, maintain and operate an irrigation canal; said strip of land icing Ninety-five c[90,;teet wide, extending Fifty-one (51) feet left and Forty-four (44) feet right of the k-jgr44 entet line of the GILMORE CANAL; said oenter line ` sing described as follows, to-wit: rBNBINNSNB at a point in the West line of the Northwest One-Quarter ( ) of said u tlon.Twenty-fief (25), Eighteen Hundred Twenty-eight -r thereof, eat 3" B� (18O"; t feet South ofer the Northwest uw, point being designated Station 2?7Lm; ibex,,,_ l_ __..,_. ;3 • from a tangent bearing North 4O 37' East 143_feet to Station223 }50 P.R.C., thence.by 14 ail curve left 200-feet to Station 225150 P.C.�: thence by 25_.12i_ourve Left,200 feet to Station 2271-50 P.T.; thence North De•.45_Saat150 feet to Station 2294'00 P.C., theme by an . . _. h .2 West 1Q0''3eet to 18'001-curve left, 250 feet to Station 231450 P.T., thamoe_ North.'_ .. Station 232150 P.C._, thence by a 35'00'curve right,200,feet. to. Station 234k5o P.R.:C.• aa thence by a 30°40!.curve left 200 feet-to Station 236#50 P.C.C., thence by a 07.40'`curve left 300 feet.to Station 239#50 P.T.;..thence-North-50'35' West 120 Lest.tp Station- 40170, a point in the West line of the Northwest.One-Quarter (NN.i) of said Section Twenty-five . . (25),. Four Hundred Fifty-eight (458) feet South of the Northwest corner thereof. CONTAINING Four and Seven One-Hundredths (4.07) acres. TOGEThx;it with the right of ingress and egress along, upon, over, to.and.frpm said lands above described, for the purpose of cleaning, repairing, operating and maintaining said canals as now constructed, to be constructed or as they may be hereafter enlarged. In case of deviation from the above described lines, the land hereby conveyed shall be the land on each side of the center line of the WEST BRANCH of the NHS CANAL and of the GILMORE CANAL„respectively, as actually constructed to the widths above specified. The consideration herein stated is in full compensation for all damages-that have heretofore accrued or that may accrue in the future to the residue of first party's land on account of the construction, operation or maintenance, without negligence, of the WEST BRANCH of the NERES CANAL and the GILMORE CANAL upon the land hereby conveyed. TOGETHER with all and singular the hereftitaments and appurtenance* thereunto belonging, or in acyvise 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 the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditament* and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto THE FAHIER.S RESERVOIR AND IPMIGATION ODWANY, the said party of the second part, its successors and assigns forever. And the said ANNA M.MAGNER, party of the first part, for herself, her heirs, • executors and administrators, does covenant, grant, bargain and agree to and with the said party of the second part, its successors and.assigns, that at the time of.the annealing and delivery of these presents she is well seized of the premises above conveyed, as of good, sure, perfect, absolute and Indefeasible estate of inheritance in law, in fee simple, and has good right„full power and lawful authority to grant, bargain, sell and convey the same in canner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except the lien of The Denver-Greeley Valley Irrigation District; in which district all or a part of said stripe of land have been included, and the above bargained premises in the cadet and peaceable possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. T4 WITNESS WHEREOF, The said party of the first part has hereunto set her hand and seal the day and year first above written. Anna M Magner (SEAL) SPATE,o; COLORADO, ) - a ) ss. CITY AND COUNTY_OF DENVER ) al . I, Joel W.Shaokelford, a Notary Pubfig in and for said City and County, *aal 'L in the State aforesaid, do hereby certify that ANNA .NAGNER, who is -' _v, ss� personally known to me to be the person whose name is subscribed to s il c, the foregoing Deed, appeared before me this day in person, aid \^p acknowledged that she signed, sealed and delivered the said instrument !0 v'OTARY`%° of writing as her free and voluntary act and deed, for the uses-and PUBLIC purposes therein set forth. j Given under my hand and notarial seal this 5th day of Augusts sue' 't� i ^i A.D. 197x. x -°a's My commission expires March 6th 1916.' Joel W Shackelford Notarf Public t wt • No. dG for7.. .o'csoneat --' - - er Filed for reaol�a's`°t.9 o'ciook A.M., Aug ll, 1914, J E Stook::- Recorder .c.,tb. r'+ ,pk ' fli rwt' 4 YxxrrsaxxxxxxxKKKxxxxKYKXxxxxxxxxxxxxxxxxxxxxxn XrxxxxxxxXxxKYKam-*$K*“4 Sig c'c ''‘_ 11111111111111111 II11 11111 liii 1111111 III 1111111111111 3621184 05/0712009 09:56A Weld County, CO 184 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder QUITCLAIM DEED THIS DEED,dated April 30, 2009 Between The Farmers Reservoir& Irrigation Company whose legal address is 80 South 27th Avenue,Brighton, CO 80601,of the County of Weld and State of Colorado, grantor(s), and Shelton Land & Cattle, Ltd whose legal address is 23043 Weld County Road 42, LaSalle, CO 80645,of the County of Weld and State of Colorado grantee(s). WITNESS, that the grantor(s), for and in consideration of the sum of ONE DOLLARS ($1), the receipt and sufficiency of this is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents do remise, release, sell and QUITCLAIM unto the grantee(s), heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows SEE EXHIBIT "A" ATTACHED HEREON AND MADE A PART HEREOF 1 Also known by street and number as. Assessor's schedule or parcel number: TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and privileges thereunto belonging. or anywise thereunto appertaining and all the estate. right. title. interest ant clam w;?si:?ver of the nt,�r i._, aw .or equity to the only pro i:se benefit and oehopf �. of the nrar•tee a'! Heirs and as c—'s forever i\r\a-y\v, ifY\rit\'\'(4 A ilk 1;#1.k.t_xt_cl Yr\amori._ •,� ��, ,�L vti 1�„p..,��v. _.,� i ,.. J ,:F� �.At:...:iCJ •-.�. vC'.�. - r Sv• STATE OF C,OLORADU Counrr'of Welt 41111 Thy fnregnin� a ctnlrnant wac a^knr,wutiarir}eii hefttir^ Tip t',,e ( of 1el\ w • *',•••- fitness my hand and official seal, 1M ;.,7u;i,i;i; ;!V L'3 w:�xL!0 tibia • Yale arid Address at i'ersar,Cretin Newly:.;:eared Lega °esa-sown • 1 11111111111 111111 liii IIIII 11II IIIIIII III 11111 lii Ilit 3621184 05/07/2009 09:56A Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT"A" LEGAL DESCRIPTION: A STRIP OF LAND THROUGH, UPON, OVER AND ACROSS SECTION TWENTY-FIVE (25), TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-FIVE (65)WEST, SAID STRIP OF LAND BEING FIFTY (50) FEET WIDE, EXTENDING TWENTY-FIVE (25) FEET RIGHT AND TWENTY-FIVE (25) FEET LEFT OF THE CENTER LINE OF THE WEST BRANCH OF THE NERES CANAL: SAID CENTER LINE PASSING THROUGH THE POINTS OF THE FOLLOWING DESCRIBED TRAVERSE AND VARYING NOT MORE THAN EIGHT(6) FEET FROM THE LINES CONNECTING SAID POINTS, SAID TRAVERSE LINE BEING DESCRIBED AS FOLLOWS.TO- WIT: BASIS OF BEARING:CONSIDERING THE SOUTH LINE OF THE SOUTHWEST ONE- QUARTER OF SECTION TWENTY-FIVE(25), TOWNSHIP FOUR (4) NORTH, RANGE SIXTY- FIVE (65)WEST. TO BEAR NORTH 90°00' EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION TWENTY-FIVE(25), SIXTEEN HUNDRED EIGHTEEN (1618) FEET EAST OF THE SOUTHWEST CORNER THEREOF; SAID POINT BEING DESIGNATED STATION 479+68; THENCE NORTH 3°3T EAST 131.3 FEET TO STATION 481+00; THENCE NORTH 33°21' EAST 73.6 FEET TO STATION 481+75; THENCE NORTH 8°54' WEST 124.6 FEET TO STATION 483+00; THENCE NORTH 48°50' EAST 99 FEET TO STATION 484+00; THENCE NORTH 16°55' EAST 50 FEET TO STATION 484+50; • THENCE NORTH 14°23'WEST 172.5 FEET TO STATION 486+25; THENCE NORTH 37°29' EAST 123.6 FEET TO STATION 487+50; THENCE NORTH 51'51' EAST 99.2 FEET TO STATION 488+50; THENCE NORTH 84°22' EAST 222.2 FEET TO STATION 490+75, THENCE NORTH 40°41' EAST 124.6 FEET TO STATION 492+00; THENCE NORTH 81'03' EAST 99.2 FEET TO STATION 493+00; THENCE NORTH 43'58' EAST 50 FEET TO STATION 493+50: THENCE NORTH H 20°3U' EAST 98.8 FEET TO STATION 494+50: THENCE NORTH 76°25' EAST 98.5 FEET TO STATION 495+50: THENCE NORTH 49°00' EAST 48.9 FEET TO STATION 496+00, THENCE NORTH 03°04' WEST 174 FEET TO STATION 497+75; THENCE NORTH 45°18' EAST 124.8 FEET TO STATION 499+00; THENCE NORTH 16°39' EAST 123.4 FEET TO STATION 500+25, THENCE NORTH 83°57' EAST 123 FEET TO STATION 501+50; THENCE NORTH 25°30' EAST 49 FEET TO STATION 502+00; THENCE NORTH 12°32'WEST 149.2 FEET TO STATION 503+50; THENCE NORTH 29°46' EAST 49.4 FEET TO STATION 504+00; THENCE NORTH 74°00' EAST 48 FEET TO STATION 504+50: THENCE SOUTH 47°25'EAST 274.5 FEET TO STATION 507+25; THENCE NORTH 80°13' EAST 46.5 FEET TO STATION 507+75; THENCE NORTH 9°31'EAST 74.7 FEET TO STATION 508+50; THENCE NORTH 49°16' EAST 47 FEET TO STATION 509+00; THENCE SOUTH 77°22' EAST 174.5 FEET TO STATION 510+75; THENCE NORTH 51°28' EAST 72.5 FEET TO STATION 511+50; THENCE NORTH 5°58'WEST 350 FEET TO STATION 515+00; THENCE NORTH 14°59' EAST 275 FEET TO STATION 517+75; THENCE NORTH 22°34'WEST 48.4 FEET TO STATION 516+25; THENCE NORTH 46°35'WEST 224.8 FEET TO STATION 520+50; • THENCE NORTH 32°15'WEST 299.7 FEET TO STATION 523+50; 1 111111 11111 #11111 1111111111 fill 111111111111111111! I11I 3621184 05/07/2009 09:56A Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder • THENCE NORTH 36°09' WEST 150 FEET TO STATION 525+00, THENCE NORTH 1°54'WEST 49.1 FEET TO STATION 525+50; THENCE NORTH 34°12' EAST 200 FEET TO STATION 527+50; THENCE NORTH 56°09' EAST 48.6 FEET TO STATION 528+00; THENCE SOUTH 75°41' EAST 149.7 FEET TO STATION 529+50; THENCE NORTH 83°47' EAST 99.4 FEET TO STATION 530+50; THENCE NORTH 63°22' EAST 74 FEET TO STATION 531+25; THENCE NORTH 9°36'WEST 73.2 FEET TO STATION 532+00; THENCE NORTH 18818'WEST 300 FEET TO STATION 535+00; THENCE NORTH 26°19' WEST 100 FEET TO STATION 536+00: THENCE NORTH 18°12' WEST 99.6 FEET TO STATION 537+00; THENCE NORTH 24°38' EAST 171 FEET TO STATION 538+75; THENCE NORTH 27036 WEST 124.6 FEET TO STATION 540+00, THENCE NORTH 6°26' WEST 98.7 FEET TO STATION 541+00; THENCE NORTH 13824' EAST 200 FEET TO STATION 543+00; THENCE NORTH 22°56' EAST 199 FEET TO STATION 545+00; THENCE NORTH 3851' EAST 199 FEET TO STATION 547+00, THENCE NORTH 63°42' EAST 146.3 FEET TO STATION 548+50; THENCE NORTH 25°12' EAST 50 FEET TO STATION 549+00; THENCE NORTH 4°52'WEST 200 FEET TO STATION 551+00; THENCE NORTH 20°19'WEST 99.8 FEET TO STATION 552+00, THENCE NORTH 11'53' EAST 48.9 FEET TO STATION 552+50; THENCE NORTH 56°20' EAST 100 FEET TO STATION 553+50; THENCE NORTH 16°59'EAST 299.4 FEET MORE OR LESS TO STATION 556+50; A POINT IN THE NORTH LINE OF SAID SECTION TWENTY-FNE (25), THIRTY-SIX HUNDRED SEVENTY (3670) FEET MORE OR LESS EAST OF THE NORTHWEST CORNER • THEREOF. 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