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Home My WebLink About20101469.tiff AppAndix E • R.U.A. PARCEL DESCRIPTION - WELD COUNTY THAT PART OF THE SOUTHEAST QUARTER AND SOUTHWEST QUARTER OF SECTION 21,THAT PART OF THE NORTHEAST QUARTER,NORTHWEST QUARTER AND SOUTHWEST QUARTER OF SECTION 26,THAT PART OF SECTION 27,THAT PART OF SECTION 28,THAT PART OF THE NORTHWEST QUARTER OF SECTION 34,AND THAT PART OF THE NORTHWEST QUARTER AND SOUTHWEST QUARTER OF SECTION 35,ALL IN TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD,STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 21; THENCE SOUTH 00 DEGREES 45 MINUTES 12 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 2629,66 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 27; THENCE NORTH 89 DEGREES 28 MINUTES 06 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 2641.11 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 89 DEGREES 28 MINUTES 13 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER,A DISTANCE OF 2641.60 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH 00 DEGREES 33 MINUTES 01 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 1260.00 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND RECORDED JUNE 27, 1950 IN BOOK 1273 AT PAGE 541; THENCE NORTH 89 DEGREES 30 MINUTES 59 SECONDS EAST ALONG THE NORTH LINE OF SAID PARCEL,A DISTANCE OF 195.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL,ALSO • BEING THE NORTHERNMOST NORTHWEST CORNER OF LOT A IN EXEMPTION NO. 1469-26-2 RE- 4595 RECORDED JULY 25,2007 AT RECEPTION NO. 3492772; THENCE NORTH 88 DEGREES 39 MINUTES 49 SECONDS EAST ALONG THE NORTH LINE OF LOT A AND LOT B IN SAID EXEMPTION NO. 1469-26-2 RE-4595,A DISTANCE OF 1105.80 FEET TO A LINE DRAWN 22.50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 32 MINUTES 09 SECONDS EAST ALONG SAID PARALLEL LINE,A DISTANCE OF 79.37 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 37 MINUTES 12 SECONDS EAST ALONG SAID SOUTH LINE AND THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER,A DISTANCE OF 1345.68 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 00 DEGREES 31 MINUTES 18 SECONDS WEST ALONG SAID WEST LINE,A DISTANCE OF 1323.01 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 34 MINUTES 02 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER,A DISTANCE OF 2401.73 FEET TO THE WEST LINE OF A PARCEL OF LAND RECORDED JULY 19,2001 AT RECEPTION NO.2866842; THENCE SOUTH 00 DEGREES 05 MINUTES 27 SECONDS WEST ALONG THE WEST LINE OF SAID PARCEL OF LAND,A DISTANCE OF 267.01 FEET TO THE SOUTH LINE THEREOF; 1 HENCE NORTH 89 DEGREES 34 MINUTES 02 SECONDS EAST ALONG SAID SOUTH LINE,A DISTANCE OF 245.01 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26; • THENCE SOUTH 00 DEGREES 05 MINUTES 27 SECONDS WEST ALONG SAID EAST LINE,A DISTANCE OF 2383.96 FEET THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; 2010-1469 THENCE SOUTH 89 DEGREES 40 MINUTES 23 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER,A DISTANCE OF 2618.41 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH 00 DEGREES 31 MINUTES 18 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 2635.43 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 00 DEGREES 39 MINUTES 48 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 2641.41 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 00 DEGREES 40 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 759.77 FEET TO THE CENTERLINE OF THE MAIN TRACK OF THE ABANDONED BOULDER BRANCH OF THE UNION PACIFIC RAILROAD COMPANY; THENCE NORTHWESTERLY ALONG SAID CENTERLINE FOR THE FOLLOWING TWO(2)COURSES: 1)THENCE NORTH 68 DEGREES 58 MINUTES 25 SECONDS WEST,A DISTANCE OF 755.90 FEET TO A POINT OF CURVATURE; 2)THENCE NORTHWESTERLY ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A CENTRAL ANGLE OF 6 DEGREES 48 MINUTES 33 SECONDS,A RADIUS OF 5729.75 FEET AND AN ARC LENGTH OF 680.93 FEET TO THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 43 MINUTES 19 SECONDS EAST ALONG SAID EAST LINE,A DISTANCE OF 2384.09 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 33 MINUTES 23 SECONDS WEST ALONG SAID SOUTH LINE,A DISTANCE OF 1316.44 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 46 MINUTES 38 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 2639.85 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH 00 DEGREES 48 MINUTES 03 SECONDS WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 2640,48 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE SOUTH 89 DEGREES 25 MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 2635.82 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE SOUTH 89 DEGREES 24 MINUTES 54 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 1753.88 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF A PARCEL OF LAND RECORDED AUGUST 4, 1995 AT RECEPTION NO. 2449944; THENCE SOUTH 00 DEGREES 32 MINUTES 42 SECONDS EAST ALONG SAID NORTHERLY EXTENSION AND EASTERLY LINE,A DISTANCE OF 535.91 FEET TO A POINT ON THE EXISTING CENTERLINE OF AN OIL LEASE ROAD; THENCE ALONG SAID CENTERLINE FOR THE FOLLOWING THREE (3)COURSES: 1)THENCE NORTH 78 DEGREES 21 MINUTES 12 SECONDS WEST,A DISTANCE OF 163.64 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND RECORDED MARCH 5, 1987 AT RECEPTION NO, 02090736; 2)THENCE NORTH 80 DEGREES 04 MINUTES 36 SECONDS WEST,A DISTANCE OF 426.10 FEET; I • 3)THENCE NORTH 82 DEGREES 14 MINUTES 22 SECONDS WEST,A DISTANCE OF 306.25 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34; THENCE NORTH 00 DEGREES 33 MINUTES 02 SECONDS WEST ALONG SAID WEST LINE,A DISTANCE OF 379.08 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE NORTH 00 DEGREES 39 MINUTES 34 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 2639.92 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 37 MINUTES 49 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1398.32 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF LOT B IN EXEMPTION NO. 1469-28-4 RE-3066 RECORDED OCTOBER 30,2001 AT RECEPTION NO.2895875; THENCE ALONG SAID NORTHERLY EXTENSION AND EASTERLY LINE FOR THE FOLLOWING SEVEN (7)COURSES: 1)THENCE SOUTH 00 DEGREES 30 MINUTES 48 SECONDS EAST,A DISTANCE OF 820.56 FEET; 2)THENCE SOUTH 50 DEGREES 12 MINUTES 59 SECONDS EAST,A DISTANCE OF 268.30 FEET; 3)THENCE SOUTH 26 DEGREES 09 MINUTES 59 SECONDS EAST,A DISTANCE OF 562.20 FEET; 4)THENCE NORTH 89 DEGREES 50 MINUTES 01 SECONDS EAST,A DISTANCE OF 104.00 FEET; 5)THENCE SOUTH 40 DEGREES 04 MINUTES 59 SECONDS EAST,A DISTANCE OF 541.00 FEET; 6)THENCE SOUTH 36 DEGREES 54 MINUTES 01 SECONDS WEST,A DISTANCE OF 147.00 FEET; • 7)THENCE SOUTH 00 DEGREES 21 MINUTES 01 SECONDS WEST, A DISTANCE OF 607.00 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 36 MINUTES 01 SECONDS WEST ALONG SAID SOUTH LINE,A DISTANCE OF 2034.05 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 28; THENCE SOUTH 89 DEGREES 44 MINUTES 21 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 2632.97 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 43 MINUTES 55 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 2635.64 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE NORTH 00 DEGREES 44 MINUTES 08 SECONDS WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 2640.59 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE NORTH 89 DEGREES 34 MINUTES 44 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 1319.94 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 41 MINUTES 24 SECONDS WEST ALONG SAID WEST LINE,A DISTANCE OF 2628.15 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 32 MINUTES 48 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 1316.32 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 21; i THENCE NORTH 89 DEGREES 32 MINUTES 33 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 2640.53 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS OF LAND: LOT B OF RECORDED EXEMPTION NO. 1469-26-1 RE-215, LOCATED IN THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO; TOGETHER WITH: THAT PART OF THE NORTHWEST QUARTER OF SECTION 26,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,RECORDED JUNE 27, 1950 IN BOOK 1273 AT PAGE 541, IN THE COUNTY OF WELD,STATE OF COLORADO; TOGETHER WITH: THAT PART OF THE NORTHEAST QUARTER OF SECTION 27,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, RECORDED AT RECEPTION NO. 1602246 IN BOOK 680, IN THE COUNTY OF WELD,STATE OF COLORADO; TOGETHER WITH: LOT A IN RECORDED EXEMPTION NO. 1469-26-2 RE-1781, BEING PART OF THE NORTHWEST QUARTER OF SECTION 26,TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD,STATE OF COLORADO; TOGETHER WITH: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, RECORDED AT RECEPTION NO. 1591568, IN THE COUNTY OF WELD, STATE OF COLORADO; TOGETHER WITH: THAT PART OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,RECORDED IN BOOK 1301 AT PAGE 480, IN THE COUNTY OF WELD,STATE OF COLORADO; TOGETHER WITH: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, RECORDED AT RECEPTION NO. 1896916, IN THE COUNTY OF WELD,STATE OF COLORADO. CONTAINING 91,228,334 SQUARE FEET(2,094.315 ACRES)OF LAND MORE OR LESS. JAMES KarP L.S. 37898 000 `O �• • • II FOR A ON BEHALF OF MANHARD CONSULTING, LTD. j•'�i.S JJ� �I 7442 TUCSON WAY,SUITE 190-A ; ' 'i CENTENNIAL,CO 80112 //rcrpl MCL PROJECT: EGWCC (6069) �� % zfp9 -2, -I -00-0 • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this 3o{-` day of Jw e12009 (the "Effective Date"), by('gra($oStpek{,t, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a"Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately five thousand (5,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, Weld County Road 6 on the north, the Platte River on the east, and Weld County Road 15 (Holly Avenue) on the west, (the "Growth Area"); B. The District has been in discussions Weld County staff and property owners within the Growth Area regarding the establishment of the Growth Area as a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. The County informed the District that the property owners within the Growth Area, and not the District, must be the applicant that requests the Growth Area be designated as • an RUA (the "RUA Application"); D. Owner owns certain real property located in the Growth Area and commonly known as$oyfo.Vt4 and located at 101-99 wet M L' , which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by the County to prepare and process the RUA Application, (b) submit to the County the RUA Application, and (3) publicly support the RUA Application, including without limitation appearing at any required public hearings to testify in support of the RUA Application. 3. The Owner will (a) review the RUA Application in the course of its preparation, • (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to the County, and (4) publicly 900541.1 MORN 06/26/09 1:03 PM • support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Growth Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Growth Area who have agreed to act as an applicant for the RUA Application. Notwithstanding any dispute between property owners within the Growth Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. • 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 JTJOHN 06/26/09 1.03 PM 2 • OWNER �p ah)-Q__ d� cis rne.o L 1-ijN J ScstA Q.1c Name O Date TODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R. H 10 ., President 00/d9 Date ATTEST: • 9(41-c • 900541.1 3DOHN 06/26/09 1 03 PM 3 • • Exhibit A A parcel of land located within Section 26, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 900541 1 JTJOHN 07/9/09 5 03 PM 4 --acd m__ 2557342 B-1615 P-219 07/10/1997 10:26A PG 1 OF 1 REC DOC I no._ Weld County CO JA Suki Tsukamoto Clerk & Recorder 6.00 10.50 WARRANTY DEED • THIS DEED. Made this 25th day of June ,19 97 between Larry Spencer Rule and Connie L. Rule of the County of Weld and State of Colorado grantor,and Lawrence C. Sos tar ich whose legal address is TED NCR #6, Ft. Lupton, Colorado of the County of Weld and State of Colorado grantee: WIINESSETH.That the grantor,for and in consideration of the sum of ONE HUNDRED FIVE THOUSAND AND NO/100 DOLL.ARS,($105,000,00 ), 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 confine,unto the grantee,his heirs and assigns forever,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: Lot A, Exemption Survey No. 1469-26-1-RE1B98 of a part of the Northeast one-quarter Section 26, Township 1 North, Range 67 West of the 6th P.M., as recorded September 11, 1996 in Book 1566 at Reception No. 2510456, County of Weld, State of Colorado • also known by atreet and number as TBD NCR #6, Ft. Lupton, Colorado TOGETHER with all and angular the hereditaments and appurtenances(hereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents, asset and profits thereof,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 heredi Wmerns and appurtenances. TO HAVE 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 ensealing and delivery of these presents,he is well seized of the premises above conveyed, has good.Aura 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 manlier and form as aforesaid, and that the same are free and clear from all farmer and other grants, bargains,sales, liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature suevun except for taxes for the current year,a lien but not yet due or payable,easements,restrictions,reservations,covenants and rights-of-way of record,If any, , The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantee,his heirs and 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 applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the d et forth above. C�QnnM c.<) mcr..) (Y'V 9,&0i /2.,i Larry pent r Rule Connie L. Rule STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) 511 r& hnriARument was acknowledged before me this 25th day of June ,1997 by f 1k AY—.715 .3t' Rule and Connie L. Rule st ray ''.0,; •, '� s. t x WI m hand and - . ) Zit--t t. if s. �qu sss uwc WAR0.ANTY nRE01[or PM1atarraRLly 0.ewrE) j((LE (' / -7/c h( A.-Sf7� }Efl[1M1 Files Kaysaae9) SKLD LG SKL10231 WE 2557342-1997 . 001 AGREEMENT TO PROCESS RUA APPLICATION • (Parcel No. 1469-27-3-00-016) THJ AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this day of , 2010 (the "Effective Date"),by PUBLIC SERVICE COMPANY OF COLORADO, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a"Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County,the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north, the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional • Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. Weld County informed the District that the property owners within the Service Area, and not the District, must be the applicant that requests the formation of the RUA(the "RUA Application"); D. Owner owns certain real property located within the Service Area that is located at the NE corner of County Road 19 and County Road 4 in Weld County, Colorado, which real property is legally described as set forth in Exhibit A, attached hereto and made a part hereof(the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner in accordance with the terms and conditions of this Agreement. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: • 1. The recitals set forth above are incorporated herein. • 2. At its sole cost and expense,the District will (a) prepare all application materials reasonably required by Weld County to complete and process the RUA Application, (b) submit the RUA Application to Weld County, (c) provide Owner with copies of the RUA Application previously submitted to Weld County, and all materials submitted to Weld County as part of the RUA Application, (d)provide copies to Owner of any revisions to the RUA Application and any other materials to be submitted to Weld County after the Effective Date, at least five (5) business days prior to submitting such materials to Weld County, (e) revise the RUA Application in any manner reasonably requested by Owner, and(f)publicly support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 3. The District has explained to Owner that existing revisions to the RUA Application requested by Owner via e-mail correspondence from Owner's counsel on March 15, 2010 ("Owner Revisions") may not be permitted to be included as part of the RUA Application by the Weld County Board of County Commissioners because the District has requested inclusion of the Owner Revisions after the public hearing before the Weld County Planning Commission. If the Weld County Board of County Commissioners will not permit inclusion of the Owner Revisions,the District shall submit a new application to Weld County to amend the RUA to include the Owner Revisions. The District shall submit such new application within sixty (60) days after approval of the RUA Application by the Weld County Board of County Commissioners. The District has informed Owner that the Owner Revisions in concept are acceptable to the District, but the District intends to make minor modifications to the Owner • Revisions to create a new land use category for the uses of the Owner Property that are clearly set out in the Owner Revisions. Any such minor modifications shall be provided to Owner prior to submittal to Weld County in accordance with Section 2 above. 4. The Owner will (a) review the RUA Application in the course of its preparation, and (b) provide to the District written and/or verbal comments regarding the content of the RUA Application and any revisions thereto. 5. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an applicant for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 6. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. • 2 • 7. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. 8. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 9. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • • 3 • OWNER PUBLIC SERVICE COMPANY OF COLO DO By: Jay H ann, Regional Vice President, Cusp r and Community Relations /7/j Date TODD CREEK VILLAGE METROPOLITAN DISTRICT By: Geor e H on, Jr. • 55 20 Date ATTEST: Roger G. llard, Secretary • 4 • Exhibit A A parcel of land located within Section 27, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 900541.1 IDOHN 0]/8/09 9:33 AM 4 • Exhibit A REAL PROPERTY DESCRIPTION THE SOUTHWEST ONE-QUARTER OF SECTION 27,TOWNSHIP I NORTH, RANGE 67 WEST,SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,EXCEPT THE SOUTH AND WEST THIRTY FELT OF SAID SOUTHWEST ONE-QUARTER, AS DESCRIBED IN BOOK 86,AT PAGE 273 OF THE OFFICIAL RECORDS OF WELD COUNTY, SAID PARCEL CONTAINS 6,803,945 SQUARE FEET OR 156,197 ACRES MORE OF LESS. • 5 -FILED 360• I fill 11111 IIIIIII n 111111 �� 1111111 �� 11111 It FILED IN IIII DISTRICT COURT 2963360 06/21/2002 03:36P Weld County, CO JUN 06 "02 1 of 5 R 25.00 D 0.00 J.A. "Suki" Tsukamoto %ICU)COUNT', COI O District Court,Weld County, State of Colorado Court Address: 901 9a Avenue,Greeley,CO 80631 Mailing Address: P.O. Box 2038,Greeley,CO 80632-2038 Petitioner(s):PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, v. Respondent(s):JAMES LEROY JOHNSON, as to a life estate; DAVID E. HOWARD and CAROL C. HOWARD,as to a joint life estate;DONALD GARY HOWARD,JOHN EDWARD HOWARD,MARLA SUE HOWARD,JULIA HELEN SPAFFORD,JAMES HOWARD JOHNSON, and LINDA JO ZIMMERMAN,f/k/a LINDA JO ZATARAIN, as remaindermen;THE FIRST SECURITY BANK, a/k/a BANK OF COLORADO;UNION PACIFIC RAILROAD COMPANY; PANHANDLE EASTERN PIPE LINE COMPANY,a Delaware corporation;VESSELS GAS PROCESSING, LTD.; NORTH AMERICAN RESOURCES COMPANY;NATURAL • GAS ASSOCIATES, a Colorado Partnership;ASSOCIATED NATURAL GAS, INC.,a Colorado corporation;VESSELS HYDROCARBONS, INC.; KN WATTENBERG TRANSMISSION LLC;RME PETROLEUM COMPANY;K.P. A COURT USE ONLY KAUFFMAN COMPANY,INC.; HS RESOURCES,INC.;ART WILLIS,in his official capacity as Treasurer of Weld County; MARY HERGERT,in her official capacity as Public Trustee of Case Number. 01 CV 569 Weld County;and ALL UNKNOWN PERSONS WHO CLAIM AN INTEREST IN THE PROPERTY Division: 1 RULE AND ORDER THIS MATTER came on this day upon the verdict dated May 6, 2002 reached by the jury, which was duly impaneled and sworn to determine the total just compensation to be paid Respondents for the taking of the property described in Exhibit A, attached hereto and incorporated herein by reference, and it appearing to the Court from the records and files herein that all persons interested as owners or otherwise, as appearing of record, have been joined herein as party Respondents. • • • Public Service Company of Colorado,Petitioner,v. Case No.01 CV 569 James Leroy Johnson,et at.,Respondents. Division 1 THE COURT NOW FINDS: 1. That the Court has full and complete jurisdiction of the subject matter of this action and the parties thereto, and that service has been made upon all interested parties as required by law, or that the same have subjected themselves to the jurisdiction of this Court. 2. On or about June 5, 2001, Petitioner, Public Service Company of Colorado ("Petitioner"), filed a Petition in Condemnation seeking to acquire an approximate 160 acre parcel in the northeastern quadrant of the intersection of County Road 19 and County Road 4 in Weld County for expanding the capacity of its existing Yosemite Gas Quality Control Plant to include gas compressors and related gas quality and utility improvements. The Petition in Condemnation named a number of Respondents, including Respondent-Landowners James Leroy Johnson, David E. Howard, Carol C. Howard, Donald Gary Howard,John Edward Howard, Marla Sue Howard,Julia Helen Spafford, James Howard Johnson, arid Linda Jo Zimmerman, £/k/a Linda Jo Zatarain ("Respondent-Landowners"), on the basis that said Respondents might claim an interest in the property by virtue of certain recorded instruments. 3. On or about February 26, 2002, Petitioner filed an Amended Petition in Condemnation clarifying its intent with respect to water rights. Petitioner specifically stated that it • was not seeking to obtain, and disclaimed any interest in, any irrigation, ditch, tributary, or other surface water rights claimed by Respondents which are associated with the Property that is the subject of this action. Petitioner is seeking to acquire, however, as part of the fee acquisition of the Property, the inchoate right to the non-tributary, and not non-tributary Denver Basin ground water, including ground water from the Lower Arapahoe and Laramie-Fox Hills acquifers underlying the Property. 4. Respondent The First Security Bank, a/k/a Bank of Colorado, was served on June 5, 2001. Despite being served, said Respondent never filed an Answer or otherwise responded and is therefore in default, and this Court so finds. 5. Respondent Union Pacific Railroad Company was sewed on July 23, 2001, and since being served was dismissed from this proceeding by Order of this Court dated August 7, 2001. This Court notes that pursuant to paragraph 13 of the Amended Petition in Condemnation, the property taken herein by the Petitioner is being taken subject to the interests of Respondent Union Pacific Railroad Company. 6. Respondent Panhandle Eastern Pipe Line Company was served on July 19, 2001. Despite being served, said Respondent never filed an Answer or otherwise responded and is therefore in default, and this Court so fords. However, this Court notes that pursuant to paragraph 14 of the Amended Petition in Condemnation, the property taken herein by the Petitioner is being taken subject to the interests of Respondent Panhandle Eastern Pipe Line Company. 7. Respondent Vessels Gas Processing, Ltd., North American Resources Company and Vessels Hydrocarbons, Inc. were served on July 19, 2001, and since being served said Respondents • filed a Stipulation Motion for Dismissal on January 11, 2002. This Court hereby orders the dismissal 11111111111111111 11111 III 11111111111111111111111 ge 2 of4 2963360 06/21/2002 03:36P Weld County, CO 2 of 5 R 25.00 0 0.00 J.A. "Suki" Tsukamoto c*!T Fl rC cur 1 no"l"I rnlc 9QF']2Gn_9nn9 nit-) . Public Service Company of Colorado,Petitioner, Case No.01 CV 569 v. James Leroy Johnson,et al.,Respondents. Division 1 of these Respondents from this proceeding. In addition, this Court notes that pursuant to paragraph 15, 16 and 19 of the Amended Petition in Condemnation, the property taken herein by the Petitioner is being taken subject to the interests of Respondents Vessels Gas Processing, Ltd., North American Resources Company and Vessels Hydrocarbons, Inc. 8. Respondents Natural Gas Associates and Associated Natural Gas, Inc., collectively n/k/a Duke Energy Field Services, LP, were served on July 19, 2001, and since being served said Respondents were dismissed from this proceeding by Order of this Court dated September 5, 2001. This Court notes that pursuant to paragraph 17 and 18 of the Amended Petition in Condemnation, the property taken herein by the Petitioner is being taken subject to the interests of Respondents Natural Gas Associates and Associated Natural Gas, Inc., collectively n/k/a Duke Energy Field Services,LP. 9. Respondent KN Wattenberg Transmission LLC was served on July 19, 2001, and since being served said Respondent was dismissed from this proceeding by Order of this Court dated August 7, 2001. This Court notes that pursuant to paragraph 20 of the Amended Petition in Condemnation, the property taken herein by the Petitioner is being taken subject to the interests of Respondent KN Wattenberg Transmission LLC. • 10. Respondent RME Petroleum Company,was served on July 19,2001, and since being served said Respondent and its affiliated entity, RME Land Corporation, filed their Statement of Property Interests and Answer to Petition in Condemnation on or about July 18, 2001. This Court notes that pursuant to paragraph 21 of the Amended Petition in Condemnation, the property taken herein by the Petitioner is being taken subject to the interests of Respondent RME Petroleum Company. 11. Respondent KP. Kauffman Company, Inc., was served on July 23, 2001, and since being served said Respondent filed a Motion for Dismissal on August 23, 2001. This Court hereby orders the dismissal of said Respondent from this proceeding. However, this Court notes that pursuant to paragraph 22 of the Amended Petition in Condemnation, the property taken herein by the Petitioner is being taken subject to the interests of Respondent K.P. Kauffman Company, Inc. 12. Respondent HS Resources, Inc., n/k/a Kerr-McGee Rocky Mountain Corporation and Kerr-McGee Gathering LLC, was served on July 23, 2001, and since being served said Respondent filed an Answer to the Petition in Condemnation on or about July 7, 2001. Respondent and Petitioner have entered into an agreement separate and apart from this condemnation proceeding with regard to Respondent's interest in the subject property. This Court notes that pursuant to paragraph 23 of the Amended Petition in Condemnation, the property taken herein by the Petitioner is being taken subject to the interests of Respondent HS Resources, Inc., n/k/a Kerr- McGee Rocky Mountain Corporation and Kerr-McGee Gathering LLC. 13. Respondent Art Willis, in his official capacity as Treasurer of Weld County, was served on June 5, 2001, and since service said Respondent has filed a Disclaimer of any and all interest in and to any award of compensation dated June 22, 2001. • 11111111111 1111111 III1111111 III 1111111 III 111111 III IIII qe 3 o;4 2963360 06/21/2002 03:36P Weld County, CO 3 of 5 R 25.00 0 0.00 J.A. "Saki" Tsukamoto CKT.n T.(. R n7R1 fAI 7QF"2"Z Fn-7 nn7 nnc • Public Service Company of Colorado,Penuoner, Case No. 01 CV 569 v. James Leroy Johnson,et al.,Respondents. Division 1 14. Respondent Mary Hergert,in her official capacity as Public Trustee of Weld County, was served on June 5, 2001, and since service said Respondent has filed a Disclaimer of any and all interest in and to any award of compensation dated June 22, 2001. 15. That Respondents All Unknown Persons Who May Claim an Interest in the Subject Property were served by publication but have neither answered nor responded to the Petition in Condemnation. 16. As a condition to obtaining immediate possession of the subject property, the Petitioner deposited the amount of$560,000 into the Registry of the Court. 17. In compliance with the jury verdict of$637,909 for the property actually taken and $736,006 for damages to the residue of said property, Petitioner either has or shall deposit the sum of$857,442.72, which is comprised of the difference between $1,373,915 and the previous deposit of$560,000, plus $43,527.73 in pre-judgment interest, into the Registry of the Court. The issue of costs shall be determined separately by the Court. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the property described in Exhibit A has been duly and lawfully taken in fee simple absolute and condemned by • the Petitioner pursuant to the statutes and the Constitution of the State of Colorado, subject to the interests not being acquired. The Court further finds that the interest of Respondent-Landowners in said property has been acquired by Petitioner, and that the tide to said property is hereby vested in favor of Petitioner herein. IT IS FURTHER ORDERED that a certified copy of this Rule and Order be recorded and indexed in the Office of the Clerk and Recorder of Weld County in like manner and in like effect as if it were a deed of conveyance from the owners and parties interested to the Petitioner. Dated: JUN 0 6 2002 ilbert . Gutierrez Distri Court Judge This order war filed eleetronically pursuant to Ride 121,5 1-26. The original signed order is]h the Cowl's file. Certified to tig4Wl,. and.crfrrect copy of the;'8i Dated € JUN 111111 IIIII dill 11111111111( 1111111III III 1111 illl MARY V. ? ,r1VDRA n 2963360 06/21/2002 03:36P Weld County, CO per if�i2.J�fstrlt�' s 4 of 5 R 25.00 D 0.00 J.A. "Saki" Tsukamoto Id lr.Ddh f I fo`l 1,-, • BY/ 21L.1�'') LJ • Deputy Pate 4 of SKT,l T,C, RKT.1 n721 GWP 2aF-4ZFn-7nno nnn SENT BY:FAEGRE & BENSON ; 6- 4- 2 ;1U:28AM ; DENVER-. ;# 6/ • Exhibit A REAL PROPERTY DESCRIPTION THE SOUTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 1 NORTH, RANGE 67 WEST,SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, EXCEPT THE SOUTH AND WEST THIRTY FEET OF SAID SOUTHWEST ONE QUARTER, AS DESCRIBED EN BOOK 86,AT PAGE 273 OF THE • OFFICIAL RECORDS OF WELD COUNTY, SAID PARCEL CONTAINS 6,803,945 SQUARE FEET OR 156,197 ACRES MORE OF LESS. • 11111111411 III{131111111111111111111 lilt Ill 2963360 06/21/2002 03:36P Weld County, 00 5 of 5 R 25.00 D 0.00 J.A. "Sukt" Tsukamoto • SKLD LG SKL10231 WV, 79 h34hf1-9 M9 fLIS AGREEMENT TO PROCESS RUA APPLICATION • (Parcel No. 1469-34-0-00-012) z� THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this day of Aim, , 2010 (the "Effective Date"), by PUBLIC SERVICE COMPANY OF COLORADO, `Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a"Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north,the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional • Urbanization Area("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. Weld County informed the District that the property owners within the Service Area, and not the District, must be the applicant that requests the formation of the RUA (the "RUA Application"); D. Owner owns certain real property located within the Service Area that is located at 9738 Weld County Road 4, Brighton, Colorado 80601, which real property is legally described as set forth in Exhibit A, attached hereto and made a part hereof(the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner in accordance with the terms and conditions of this Agreement. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: • 1. The recitals set forth above are incorporated herein. • 2. At its sole cost and expense,the District will (a)prepare all application materials reasonably required by Weld County to complete and process the RUA Application, (b) submit the RUA Application to Weld County, (c) provide Owner with copies of the RUA Application previously submitted to Weld County, and all materials submitted to Weld County as part of the RUA Application, (d)provide copies to Owner of any revisions to the RUA Application and any other materials to be submitted to Weld County after the Effective Date, at least five (5) business days prior to submitting such materials to Weld County, (e) revise the RUA Application in any manner reasonably requested by Owner, and (f)publicly support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 3. The District has explained to Owner that existing revisions to the RUA Application requested by Owner via e-mail correspondence from Owner's counsel on March 15, 2010 ("Owner Revisions") may not be permitted to be included as part of the RUA Application by the Weld County Board of County Commissioners because the District has requested inclusion of the Owner Revisions after the public hearing before the Weld County Planning Commission. If the Weld County Board of County Commissioners will not permit inclusion of the Owner Revisions, the District shall submit a new application to Weld County to amend the RUA to include the Owner Revisions. The District shall submit such new application within sixty (60) days after approval of the RUA Application by the Weld County Board of County Commissioners. The District has informed Owner that the Owner Revisions in concept are • acceptable to the District, but the District intends to make minor modifications to the Owner Revisions to create a new land use category for the uses of the Owner Property that are clearly set out in the Owner Revisions. Any such minor modifications shall be provided to Owner prior to submittal to Weld County in accordance with Section 2 above. 4. The Owner will (a) review the RUA Application in the course of its preparation, and (b) provide to the District written and/or verbal comments regarding the content of the RUA Application and any revisions thereto. 5. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an applicant for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 6. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. • 2 • 7. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. 8. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 9. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • IP 3 • OWNER PUBLIC SERVICE COMPANY OF COLORADO By: J errmann, Regional Vice President, Custo r and Community Relations S/7/10 Date TODD CREEK VILLAGE METROPOLITAN DISTRICT • By: George R. n, .r. 5/5 ZO/D Date ATTEST: Roger G. Holland, Secretary y • 4 • Exhibit A A parcel of land located within Section 34, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 900541.1 IDOHN 07510/094:00 PM 4 • EXHIBIT A Legal Description of the Owner Property The following two parcels of land, as described in instruments recorded at Reception Nos. 02090736 and 2449944, respectively: A PARCEL OF LAND BEING A PORTION or THE NORTHWEST QUARTER OF SECTION 34 , TOWNSHIP 1 NORTH, RANGE 67 WEST OP THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING HORS PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS IS THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE. 67 WEST OF THE SIXTH PINCIPAL MERIDIAN, BEING CONSIDERED TO BEAR N88'44'22•E. COMMENCING AT THE NORTHWEST CORNER 0? SAID SECTION 34; THENCE t}64°44 '226E AND ALONG THE FIORTH LINE 07 SAID NORTHWEST QUARTER OF SECTION 34 A DISTANCE OF 30.00 YEt?: THENCE SOD°13`34"E PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WEST LINE 0: SAID NORTHWEST QUARTER OF SECTION 34 A DISTANCE OF 30.00 FEET TO THE PO:NT OP BEGINNING; THENCE N09'44 '22'E, PARALLEL WITH AND 30.09 FEET • SOUTHERLY OF THE NORTH LIRE OF SAID NORTHWEST QUARTER OP SECTION 34 A DISTANCE OF 692.03 FEET: THENCE 500'13 '34°E AND PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OP SECTION 34 A DISTANCE OF 471 .24 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING OIL LEASE ROAD; THENCE ALONG THE CENTERLINE OF SAID EXISTING OIL LEASE ROAD THE FOLLOWING 2 COURSES: 1. N79'45'0894 A DISTANCE OF 426.10 PEET; 2. N81°54 '54'W A DISTANCE OF 275. 93 FEET; THENCE N00'13'34'W, PARALLEL WITH AND 30.00 EASTERLY OF THE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 34 A DISTANCE OF 353. 49 FEET TO THE POINT OP BEGINNING, CONTAINING 283,145 SQUARE FEET OR 6.500 ACRES. And • 5 • A PORTION OF THE NW 1/4 OP SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 WEST, OF THE 6TH P.M. , WELD COUNTY, COLORADO, BEING MGRS PARTIC IARZ.Y DESCRIBED A9 FOLLOWS: BASIS OF BEARING: THE NORTH LINE OF THE ziw 1/4 OP SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., BEING MONUM'ENTED AS $HCWN HEREON WITH A LINE ASSUMED TO BEAR N 89 DEGREES 24' 49" E; COMMENCING AT THE NW CORNER OF THE NW 1/4 OF SAID SECTION 34; THENCE S 98 DECREES 12' 24• S A DISTANCE OF 722.56 FEET TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED IN BOOK 1148 UNDER RECEPTION NO. 2091174, WELD COUNTY RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE N 69 DEGREES 24' 29" E AND ALONG THE SOUTH RIGHT OF WAY OF WELD COUNTY ROAD -4 A DISTANCE OF 160.00 FEET; THENCE S 00 DEGREES 33' 07" S A DISTANCE OF 505.91 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING OIL LEASE ROAD; THENCE N 7B DEGREES 21' 27" W AND ALONG SAID CENTERLINE OF AN EXISTING OIL F.PAQE ROAD A DISTANCE OF 163.69 FEET TO THE SOUTHEAST CORNER OP SAID PARCEL DESCRIBED IN BOOK 1148 UNDER RECEPTION NO. 2091174, WELD COUNTY RECORDS; THENCE N 00 DEGREES 33' 07" W AND ALONG THE EAST LINE OP RAID PARCEL A DISTANCE OF 471.24 FEET TO THE TRUE POINT OF BEGINNING. • S 6 o Recorder. o'clock M., '144 1(241" WARRANTY DEED THIS DEED,Made-this 11TH day of JULY ,1995 ,between ARNOLD GRENEMYER RICA ARNOLD GRENEMYER, SR. AND ARNOLD GRENEMYER, JR. oCthe said County of WELD and State of Colorado,grantor,and PUBLIC SERVICE COMPANY OF COLORADO whose legal address is 1225 17TH STREET #2100 DENVER, COLORADO 80202 of the said County of WELD and State of Colorado,grantee: WITNESSETH,That-the grantor for and in consideration of the sum of EIGHTEEN THOUSAND AND NO/100'S ($18,000.00)******************************* DOLLARS,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 the grantee, Ms heirs and assigns forever, all the real property.together with improvements, if any, situate, lying and being in the said County of WELD and State of Colorado described as follows. SEE EXHIBIT "A" 2449944 B-1505 P-96 08/04/95 04:02P PG I OF 2 RE11.00 1.80 0X • Weld County CO Clerk & Recorder �o Fr as known by street and number as: 9738 WELD COUNTY ROAD 4 BRIGHTON, COLORADO 80601 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversion and reversions, remainder and remainders,rents,issues and profits thereof,and all tbe.estate,right,title,interest,claim and demand what- soever 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 said premises above bargained and described, with the appurtenances,unto the grantee,his heirs and ensigns 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 ensealing and delivery of these presents, ha is well seized of the premises above conveyed,has good,sure,perfect, absolute end 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 end form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature soever,except GENEF La TAXES FOR 1995, PAYABLE IN 1996, AND EXCEPT RESTRICTIONS, RESERVATIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, OR IN PLACE. The grantor shall and will WARRANTY AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee,his heirs and assigns,against all end every person or persons lawfully claiming the whole or any pert thereof. The singular nu mber shall include the plural,the plural the singular,end the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has s executed thisdeed on the date set forth above. QlO'-( G(i(/n'✓.r'�/t"'hcllfi7 GRENEMYER, JR. ,V ARNOLD GRENEMYER .MCA ARNOLD P,ENEMYER,SR. ARNOLD State of COLORADO ss. County of WELD The foregoing instrument was acknowledged before me th'a 11TH day of JULY ,19 95 . by ARNOLD GRENEMYER AKA ARNOLD GRENEMYER, SR. AND ARNOLD GRENE Y}*-R, JR. 0 My commission expires comm.EXP tiEAWYEffs . -Witness my • d-..o lend seal. BUZZ O t: • /5t?c76/°AdF /„ ��, SAWYER �pf No jt�,lit , °O COhe atemttnWRRANTY DEED Phol aphk Re w�a.AacoAnen,nun.TO: P1225 QI 17THRSTREEE T #2100 OF COLORADO No.931A WARRANTY USED(ForPhot,gnphk Record) DENVER, COLORADO 80202 SKLD LG SKL10231 WE 2449944-1995 . 001 __ _ SCHEDULE A • PROPERTY DESCRIPTION ORDER NO: 95043281 A PORTION OF THE NW 1/4 OF SECTION 34, TOWNSHIP 1 -NORTH, RANGE 67 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE NORTH LINE OF THE NW 1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., BEING MONUMENTED AS SHOWN HEREON WITH A LINE ASSUMED TO HEAR N 89 DEGREES 24' 49" E; COMMENCING AT THE NW CORNER OF THE NW 1/4 OF SAID SECTION 34; THENCE S 88 DEGREES 12' 24" E A DISTANCE OF 72.2.96 FEET TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED IN BOOK 1148 UNDER RECEPTION NO. 2091174, WELD COUNTY RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE N 89 DEGREES 24' 29" E AND ALONG THE SOUTH RIGHT OF WAY OF WELD COUNTY ROAD 4 A DISTANCE OF 160.00 FEET; THENCE S 00 DEGREES 33' 07" E A DISTANCE OF 505.91 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING OIL LEASE ROAD; THENCE N 78 DEGREES 21. 271 W AND ALONG SAID CENTERLINE OP AN EXISTING OIL LEASE ROAD A DISTANCE OP 163.69 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED IN BOOK 1148 UNDER RECEPTION NO. 2091174, WELD COUNTY RECORDS; THENCE N 00 DEGREES 33' 07" W AND ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 471.24 FEET TO THE TRUE POINT OF BEGINNING. 2449944 B-1505 P-96 08/04/95 04:02P PG 2 OF 2 • • SKLD LG SKL10231 WE 2449944-1995 . 002 `1 .,t - y" ."'r,.�•I! i I•. i 1.I/�•W,.s'YT ANY at ^1t*§ 1 a�te.4...///...{{{ -4 J' ` jy6 g r � 2•R/: La�'•5r_.•, .. .3. a _•..u,.y .. f " w� rs Y :iR L.. . _..� •i••. y!'A c t"'_-'� •j/1 3 1148 BEC 0?C?0736 03/05/27 1249 $9.00 1/003 yty `a`�t--* T•) � • ARd0M073S _ F 1255 Mn RY ANN :'EUE FSTE TN CLERK 6 RECORDER WELD CO, CO 3 •r Y l N ryx:�a�-�sYefrr Y 7 QUITCL CLAIM DEED R 4'— J5t -� THIS DEED.µ,Jan J— J. al March le 87 a;s_ 4,gih.E- T c eon SRENE MARIE GRENENYER ARNOLD GREREMYER, SR. , vet sit< r; and ARNOLD WAYNE GRENEMYER, JR., s,"-!,, ,, J ��i, i at tk '< inn n Weld .nl Nut; 4 eae 0 i3 aearg .!c :.J, F' r. J WESTER) C S SUPPLY CO`IPA4Y 1 yeet ass , z�� t duly ly to JAM Je and h,,iour d h In..t the Stater! A Colorado o a d F h <le .Jdm, • RE'EC Colora ao Ft>s'.rY Fa Deno Seventeenth Colorado Street, Suite 500, , ;;. f� Denver, for orado 80265-0501 kl r NITNE&S,Thal meat,Irlr,nlnen. hr,l ,nd J,.atn! ten ($10.00)and othe �;rr.n"f�jt 9 good and valuable , (• sea 13 RS consideration DOLLARS. ,• e p� 1F' *. ; a NIX t" n. ) ( I V-rc 3 1 Inlp 1.1 t lJ l d QI IT CLAWED.and he 1hr% ." L^3,�"}r�-j n� p r li r and UIII( .ill - I' Fan!e, t : d 1 I all she right.lisle. agyyps� 4i %-re mien,.rn t.tll. I 1 Fr, ha n milt .a arprp,n,,l etr p cni f '.l lying dl { t-S'• ▪ 1 ,CJ lath (rrnn I Weld and Stair rf( Irnrl .dr¢rhal a,fllr.ae; .lSwe•rt e$• r.` See Exhibit A, attached hereto and incorporated herein by this reference. 11 - y A.1 t EXCEPTING and RESERVING a nonexclusive right of ingress and egress to and from i� yrar"g., e tray.- sings owned by Grantor over and across the existing oil lease rozd ,ar- ` traversing the southern boundary of the above-described property. y •` a�i .{`� Also RESERVING a right to continue to use the exist rg field ditch across the *+- I" southern boundary of the above described property until such time that the ditch �`KaF, '!N'- x `i} dry " is permanently aband ned. Grantor sha11 b: responsible for the contintied Brain- r tenence of said ditch. ry -, Also EXCEPTING mineral rights reserved in deeds recorded in Rook 1110, Page 2260, r(t�p tLa•� tl :¢ and Book 1411, Page 521, of the Weld County, Colorado records: reseriat1on_ e•t�R+�r� y T`-'+ in Patent recorded in Book 57, Page 108 of said records; and, eeSements and 5`{�;p` r! Y L •t+"' rights-of-way of record. S. ;mr7 Ev,XYXYY.M:KYGPtY.Y.Y'b%XYFl °' ` P 11)HAVE AND II)IW 1 n I .I ',hi,al; ut wielder the, aryl hen 9r sal 'n SY .t} ^I a}-..1 F F w ••; 4 1' �I , n I 'Irar' allhe nt 411 fee Vmnea.N rL rh.n I lh} rthei Duu lv tJ tin °( �. FY7 only proper h II IMh iOw and Fm threw,it F Len hr h II include to plural.the �� plural Ike cingulw.and the I any gender hail h applicable N to all Fender,, .J IN%JTr_SS WHEREOF,The pmt h led h deed the data t forth ah.e v. < /` C r' (� �.e rA,�2r.y JJ,ri aXrr it., _._ 4 /-at& :'l�.t'tiCd �iJ12zt1Gr1 - r $, ;A Arnold Grenemyer, Sr. UIrene Marie Grenemyer J a{:. ti _: wa Arnold Wayne .arenemyer, Jr. >,ass • • t., sell . 4. • fAnROVED OR_ SI'1JM .v` L 1 STATE o=roll SAT%) } KSSD � {-'' f h ,,. � .n. 11.r. 4 � ' "� Count,u1 J.d�� Cre - The foreg•ing,�.wnent.a.a,u..leered hel••n seen the 'uerp ,r Adam.5 .slam a"i � y s.4 rn Colorado na$ de l March . 987 by Irene NFarie Grenenyer, s%t 5 y s,.. m .' . . Ariiold Grenemyer, Sr., and Arnold Wayne Grenenl er, Jr. '?]•s'}gg ' Y Y .P".tQx I Fs1VA W3ubi, fk.al.eal. /e e?Z�Il . !sat YE2:) : 11 AI tI45t4)e t, ,�- c& Lc& .fir{�t ., r`3/ erni t �r� r } • r["� k q, •itr,.J.+l. ya n4a: nLW • •'E5Z �y", ti ',F, 1 .y..,� Jy�.I. F . 1 i� J� .} •({ 1 .},¢iA15 >a i ` x1 1'"� ' :- P'�'. `: X,sYv.1C 1 aim 3'vi ��r't,. 5 5 `!^"�Y'wF`' �1•!. s ,h a r e , Est ,n5; '2•" is i ll u. reyL .Y tr S � ,.K. r`, } tic .., espy ,+;e P{ j rf•7y ,;ma�y'_ :F7 y !'n4 F -+r c (, f u -• dr y a ev.� i '7' t i4 ^ }, yr a`'. 1 Pa.5 i 4..),-,t tr' -' xi :'• • `p•= i < •i t'a • erg+ r rVy/.t.4..m R^N(y • yt 1iyi wzr h C[``".i• • t "Y f'• W' • rt e e„„ . r ' t•c . +� 8r1.. yyKy. at 4 1 1 tv •tl-l >•tl ^`.!.; 41 An. lty ,, - Ty fy� : M� M "M Y rw:c]..,r • .1.' 1 ' i4ttr� , ia.: .r ._r .1. i'1 f. -;' 1 ss ,<rF. ` r„at+i+4? r ;.,ke -. •f. Fr" w. • 1, •Y r. ru `{n ♦ $ .• 1. cw v.a}•x-,.y.'i,+ Fj 4 ?.-4'',' y �� 1 C•';s7 Vel•r 1• 4...sl tv•r� "• ...- •• .• • •••• ^rx-i;.a •a3-•• ., r•2.,rl. • •r 1a .". ��- ' ; a ' : • '•""4T '.IY,.-ti ,�R•t' 4...• r : s8 y ''r 1V•'„ .1 r4 1 hrL r •i ; ! „!^• l . yy.+5' ••PI:i ra:4 4 a:4 tf7r73t. ' r'�• ? i ••;f: •r- , •.ate."• r i X �S ...r..? .r. '..E ra+= i^'b.":rr tm ^k. •.-a- 1,4"'"'70;L:I. r y • iR ENGINEER:NC?,DTD yT.� ;3.. _.F4-soa: C-.vsln UI'12 eJ N M ,�' .. 1Cr,,, , Exhibit A r ,e r 't""•'536,'•"'r' 01146 REC 02070735 03/05/27 1'L:18 $9.00 2/003 '�" "`'- • Mom. F 1256 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO fit: j' 4.9T n;r. :�,r.�-r•.r et„mrFi✓ST GAS r 4";,e '.. s°,.:]„u J03 H0. 3160 "`" t]y '-s JANUARY 21, 1987 t.tl• $3 7 ; SHEEt 1E ' t,.i, FCC d • i+�, SHEET 1 OF 2 f•r.lTa .C Swim LEGAL DESCRIPTION :,..t; nisk t 3' 1THE NORTHWEST QUARTER •O i' T 'r • A PARCEL OF LAND BETH PORTION OF L' �yutr SECTION s5 TOWNSHIP 1 POR H, RANGE v7 tiEST OF THE SIXTH 4,-_:!% h"Ir • PRINCIPAL MERIDIAN, COUNTY OP WELD, STATE OF COLORADO BE AC MOBS � d1 PARTICULARLY DESCRIBED AS FOLLOWS: ,M,,,"4 4ro - Y,4 f BASIS OF BEARINGS IS THE NORTH LINE OF THE NORTH EST QUARTER OF n ..5 ' r ,� 1 SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH. PINCIPAL � NIER2DI',N, BEING CONSIDERED TO SEAR 129464'22'E. ` •.� z.i ; '7 CORNENCINC AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE S `% ki89"44'22°E AND ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF '•Y• `iI SECTION 34 A DISTANCE OF 30.00 FEET: THENCE SOfi'13 T PARALLEL "" �' :. mss' -I;t`1, THE▪ WITH AND 30.00 FEET EASTERLY OF WEST LINE OF SAID NORTHWEST ', QUARTER. OF SECTION 34 A DISTANCE OF 0 00 FEET TO THE POINT OF . tea sIs c • . BEGINNING; THENCE N89'44 '22'E PARALLEL HI H AND 30.00 FEET r rr SOUTHERLY OF THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 34 A DISTANCE OF 692.03 FEET; THENCE 500613'34'E AND PARALLEL 7 WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 34 A j, .,r't• i741) DISTANCE OF 471.24 FEET TO A POINT ON THE CENTERLINE OF AN $ ti .-P EXISTING OIL LEASE ROAD; THENCE ALONG THE CENTERLINE OF SAID Ti'•t' �••T"�.• EXISTING OIL LEASE ROAD THE FOLLOWING 2 COURSES: a.1•r„. ;a, �'t.L•�.k»:: •r3 a • 1. N79'45'08'44 A DISTANCE OF 426.10 FEE':; tt ryy.„ , . c en v. 2. H81°54'54'W A DISTANCE OF 275.93 FEET; • ' }r"°i•,1jf�- ti• ' � x THENCE N00'13'3i'W, PARALLEL 'WITH l.ND 30.00 ErSTERLY OF 1'HE WEST r�y�"�pg�iy ;i w>'1Lp„ LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 34 A DISTANCE OF -'.L'3'5.✓5 ¢ 353.49 FEET TO THE POINT OP BEGINNING, CONTAINING 283,145 SQUARE .;f• J < - FEET OR 6.500 ACRES. s _ ' LEGAL DESCRIPTION CERTIFICATE e I, ROGER R. MILLER, A REGISTERED LAND SURVEYOR IN THE STATE OF s34., S ma�yy__ COLORADO, DO HEREBY CERTIFY -THAT THE ABOVE LEGAL DESCRIPTION WAS ?'N ; -"' ' UNDER Dint SUPERVISION, AND ON THE BASIS 5•,� ,.. ▪ : PREPARED BY ME OR MY UJ 4F IS CORRECT. t� Os�. y+�z OF MY KNOWLEDGE, INFORMATIO ��q @J ' '.` ( e4tA 2'7 146c 1 17 # `.-, ROGER W. MILLER, REGISTER I II#ND SUR " 0 COLORADO NO. 17658 -v g';* . ; ztpy FOR AND ON BEHALF OF JR EN ;. COS�' • :, S' �j ` OF 4 r..: 4.1 qE �'JtQ Yi !,t'G 4 V2 l: qt r. -121 x to 4:l . .b . 3 ]' .. i.. '.:1 ar •�• yk .WE.7 •1 .. i r - T , r' . • s • ' /i1'`i: ,per 1, -Tx- t F .5. F � , 1i. t ••Y '' • t , i• i• •} a 4,✓:.)' r.p'f`A. y i" F � ny • ,' i .�. i may.it` ft t• cl• SjIdr.t 44.4.57 I rest Ism Z+ wt. �.04144r044 a:13 u.'- LI, lifi:.i '�7}�, ...:w £^. -rat v r' 3 41''d �'T *34, Wq,J S If r 0 1143 71-C 02090734 03/05/87 12:42, •,•0 3/303 ,s. I 'S .xx,r r 121: LO 444V !.+N FPCERSTEIR CL:6Y. L RFrOFID[F 4ELD CO, CC.i�..�"f✓-yam 3 L •" T'1 14, RC"74Ch 44/ r - •,�.r}tY .+7 Wi:„fler,q—? C,-r,-4 P,- ,,,,, J. 4'? 4,-_I ur.:.E W' 1,4 �=Ct }' 4 N. fic 3 jo0" IS'94'E 411.224 oILL tLsE meal" k. .. x.'. ;, fl • it I +.. a 1 hi •.ttl ��^ ••' .. ' .vw A i • 'gyp sy j�1 �•• ;fc Q r1�YY 'Sr'�}�} �', , Nit Y 'y. '" ;; C.9 COIJTGIU5: 7+ r4%p;`+�'i�q } , ?5S,145 J?FT. $' at Y, 1 • ,, • G.boO 14G cAl t7 't?ga,•c',: !i a ; 9 1 ry r sy r r, 3 �L '!. 'Y �yt >T r ` L•.i 8 x' r.-sf..i¢ 44 A 1 5 ?C Qp48 N ,.} r g Soo'13'54"E 50.00' •��^' AY jA' Iv o0•is' 54-W 355.4s' 4 wc,^ ca�uTv C;i?fY'' `� -= UN CM LCC 34I.6F-0274rte' ,a��' [rr+ . �.� W ur.C Ww I/4 f _ T IA7,EGlY/ GTN RA '" "'•�9$ ,- LS0 CAP ~� • lS M 4405 .;'� 47 ?rye J4Et THIS D0.{NIRG DOES NOT RIPAEBERT A NCRIDlQk'TED EDRYtY AIM IS .,l ONLY INTENDED TO DEPICT TES ATTACHED LEGAL DESCRIPTION. _ "'s:`�� .'Y,v ₹, ''. ...:• ' : (_.:}g ..�a:c.•a L�fw.�':S -'El ti:.Cy.,.. .i'�:: ` l t� yc Zf �'�,'nht �!' sa ,� + s. .lr„. gx :1,;H.'.}' r�♦?:3 L'FS4w. 'iv.1'fi'iyi ISIr't 4;a;:. •. rf•:'t., • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this -2-94 day of July, 2009 (the "Effective Date"), by LARRY SPENCER RULE AND CONNIE LOU RULE, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a"Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north,the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. Weld County informed the District that the property owners within the Service Area, and not the District, must be the applicant that requests the formation of the RUA (the • "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as the RULE PROPERTY, and is located at 600 Weld County Road 21, Brighton, Colorado 80601, which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to complete and process the RUA Application, (b) submit to Weld County the RUA Application, and (3) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the • RUA Application. 900541.1 IIIOHN 07/8/09 9:43 AM • 3. The Owner will (a) review the RUA Application in the course of its preparation, (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. • 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 JTJOIIN 07/8/09 9:43 AM 2 • OWNER OWNER (iewiniec Name ame '72-0 1 Date Date TODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R. J ., President 7/y9/oq Date ATTEST: ak$ • Roger lQd, Secretary • 900541.1 JTJOEN 07/8/099.43 AM 3 • Exhibit A A parcel of land located within Section 35, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 900541.1 JTJOHN 07/8/099:43 AM 4 1111111111111111111111111111111111111111111111111111111 2829471 03/02/2001 01:55P JA Suki Tsukamoto ---.—Recorder. 1 01 1 R 5.00 D 0.00 Weld County CO - - - ---I I QUIT CLAIM DEED • /J71 THIS DrrD,Made this .'<"9P/ day of G ,W,JCGr. between Rule Brothers Partnership ',] of die 'County of Weld and Slue of Colorado,grantor(s),and Larry Spencer Rule and Connie Lou Rule whose legal address is 600 NCR 21 Brighton, CO 80601 of the County of Weld and State of Colorado,grantee(s), WITNESSETH,That the grantor(s),for and in consideration of the sum of Ten and no/100 and other valuable Considerations ***********DOLLARS I the receipt and sufficiency of which is hereby acknowledged,ha ve remised,released,sold and QUIT CLAIMED,and by these presents do remise,release,sell and QUIT CLAIM unto the grantee(s), heirs,successors and assigns, forever, all the right, title, interest, claim and demand which the granmr(s) ha vein 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: That part of the W 1/2 of Section 35, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, described as follows: Beginning at the Southwest corner of said Section 35; thence North 00°20'10" West on an assumed bearing along the West line of said Section 35 a distance of 242.46 feet; thence North 90°00'00" East parallel with the South line of said W 1/2 of Section 35, a distance of 215.59 feet; thence South 00°20'10" East a distance of 242.46 feet to a point on the South line of said W 1/2 of Section 35; thence South 90°00'00" West a distance of 215.59 feet to the POINT OF BEGINNING. • . I also known by street and number as: I' 1. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anyw i set hereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s).either in law or equity,to • the only proper use,benefit and hehaof of she grantee(s), heirs and assigns forever. IN WITNESS WIIEREOR The grantor's)his executed thh,deed on the dote set forth above. Lar1 7Spe[ G'1 L Roper[ L. Rule• STATE OF COLORADO, J .. County of Weld // !^ '1 ` I The foregoing instrument was acknowledged before me this Y day of /_, Seet,en, CI 'n n' 6 g a:� i o" by Larry Spencer Rule and Robert L. Rule '�`. p( '-. My commission expires 7//d'- (3 , 19 .Witness my hand and official seal. U F 7 I I • `If in Denver,insert"City and." II No.933.Rev.4-91, QUITCLAIM DEED Naamrd ruhrua;ne.nil Water St..Denrec ro an:oi—003129,.ssM—°.51 SKLD LG SKL10231 WE 2829471-2001 . 001 '--orded at o'clock M., 35 eptionNa 2531352 B-1589 P-636 01/30/1997 03:16P PG 1 OF 2 REC DOC Weld County CO JA Suki Tsukalnoto Clerk & Recorder 11.00 QUITCLAIM DEED • THIS DEED,made this 29 day of January •l9 97 between RULE BROTHERS PARTNERSHIP of the 'County of WELD and State of Colorado,grantor(s),and LARRY SPENCER RULE AND CONNIE LOU RULE whose legal address is 600 WELD COUNTY ROAD 21 BRIGHTON, CO 80601 of the County of WELD and State of Colorado.grantee(s). WITNESS,that the grantods).for and in consideration of the sum of TEN AND NO/100 AND OTHER VALUABLE CONSIDERATION********* Dollars the receipt and sufficiency of which is hereby acknowledged,ha Ve 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)ha ve 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 ATTACHED LEGAL DESCRIPTION S 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 in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee(s) heirs and assigns forever. IN WITNESS WHEREOF the grantor(s)have executed this deed on the date set forth above. • SIAfE OF COLORADO. • SS. County of Jefferson The foregoing instrument was acknowledged before me this 29th day of January ,t9 97 by Larry Spencer Rule and Rota RLC L. Rule ,00`9"9"0”,„ Witness my hand and official seal. '•r CL th. My commission Aires: Apr II 10, 1998 J O • ; ,.: • :o ` ill`EIfC �. CC 9f In Omar.Ltte,rCLy woo-. ' I- ' m o - Noun Public dr. J J i4 :�9p�•. �,''4,54.9.1•599 a Address d Ponon Creating Newly Crewed Legal Dnanpsa,(5 18-35-106.5.c.asi ... h Simd° t No.933.Rev,4-94. QUITCLAIM Duo ,n... 7g9 Bradford Publishing.1743 Wazee S..Denver.CO 50202-130)129225R—5'96 SKLD LG SKL10231 WE 2531352-1997 . 001 • 890 161 2106 07-2 • 2531352 B-1589 P-636 01/30/1997 03:16P PG 2 OF 2 LEGAL DESCRIPTION PARCEL 1: Beginning at the Southwest corner of Section 35, 'township 1 North, Range 67 West of the 6th P.M.; thence North along the West line of said Section 35, 3001 .7 feet to the intersection with the southerly right of way line of the Boulder Branch of the Union Pacific Railroad, said right of way being 200 feet distant southwesterly from the center line of said railroad when measured at right angles thereto; thence southeasterly along said r;yht of way line and parallel with said center line of said railroad, 710 feet to the intersection of the east and west center line of said.Section 35; thence East along said center line of said Section 35 also being the right of way line of said railroad, 291.7 feet to a point on the southerly right of way line of said railroad which is 50 feet distant southwesterly from the center line of said rat l.road when measured at right angles thereto; thence southeasterly along said right of way line and parallel with said center line of said railroad, 487.7 feet to the intersection with the East lino of the W'4 of the SW)r, of said Section 35; thence South along said East line 2391. 1 feet to the South line of said Section 35; thence West along said South line 1320 feet to the POINT OF BEGINNING, EXCEPT that portion described as follows: That part of the lit of Section 35, 'township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, described as: Beginning at the Southwest corner of said Section 35; thence North 00°20'10" West on an assumed bearing along the West line of said Section "15 n diet nine of 242.46 feet; thence North 90°00'00" East parallel with the South Line of said W'h of Section 35, a distance of 215.59 feet; thence South 00°20' 10" east n dist;mce of 242.46 feet to a point on the South line of said W'+: of Section 35; thence South 90°00'00" West a distance Of 215.59 feet to the POINT OF BEGTNNING. • PARCEL 2: All that part of the right of way of the abandoned Boulder Branch of Union Pacific Railroad Company in the NIA of Section 35, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, extending southeasterly from the West line to the South line of said NWS and lying between the center line of the main track of said Railroad Company, as formerly constructed and operated, and a line parallel with and 200 feet southwesterly, measured at right angles, from said renter line of main track. Also, all that part of the right of way of the abandoned Boulder Branch of said Railroad Company in the NA of the SW1 of said Section 35, in WELD COUNTY, COLORADO, extending southeasterly from the North line to the East line of said NW34 of the SWi and lying between the center line of the main track of said Railroad Company, as formerly constructed and operated, and a line parallel with and 50 feet southwesterly, measured at right angles and/or radially, from said ,entry line of mall) track. TOGETHER with 162 shares of the capital stock of the Signal Reservoir and Irrigation Company, and together with 2.5 shores of the capital stock of the Signal fitrh Company. • SKLD LG SKL10231 WE 2531352-1997 . 002 • eRecorded in Weld County,CO Doc Id:3580597 09/26/2008 04:49 P Receipt#: 7379215 Page: 1 of 1 Total Fee:$6.00 Steve Moreno, Clerk and Recorder ---- QUITCLAIM DEED* • THIS DEED,dated ``ers Get Jx pZ°°b between RULE FEEDLOT, INC.,A COLORADO CORPORATION of the Cddunty of Weld and State of Colorado,grantor(s)and LARRY S.RULE AND CONNIE L. RULE whose legal address is 600 County Road 21,Brighton,CO 80603 of the County of Weld and State of Colorado grantee(s), $f Ctlm•tirt 2uN.-Quad It Nu pcc-ett,F1(juituk- WITNESS,that the grantor(s),for and in consideration of the sum of TEN AND 00/100 DOLLARS($ 10.00),the receipt and sufficiency of which is hereby acknowledged has/had remised,released,sold and QUITCLAIMED,and by these presents do/does remise,release,sell and QUITCLAIM unto the grantee(s), his/her/their/its heirs,successors and assigns forever,all the right,title, interest,claim and demand which the grantor(s)has/have 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: PARCEL SIX: ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF UNION PACIFIC RAILROAD COMPANY IN THE NW 1/4 OF SECTION 35,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6TH P.M.,EXTENDING SOUTHEASTERLY FROM THE WEST LINE TO THE SOUTH LINE OF SAID NW 1/4 AND LYING BETWEEN THE CENTER LINE OF THE MAIN TRACK OF SAID RAILROAD COMPANY,AS FORMERLY CONSTRUCTED AND OPERATED,AND A LINE PARALLEL WITH AND 200 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE OF MAIN TRACK, ALSO ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF SAID RAILROAD COMPANY IN THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 35,EXTENDING SOUTHEASTERLY FROM THE NORTH LINE TO THE EAST LINE OF SAID NW 1/4 OF THE SW 1/4 AND LYING BETWEEN THE CENTERLINE OF THE MAIN TRACK OF SAID RAILROAD COMPANY,AS FORMERLY CONSTRUCTED AND OPERATED,AND A LINE PARALLEL WITH AND 50 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES AND/OR RADIALLY,FROM SAID CENTER LINE OF MAIN TRACK, EXCEPTING THEREFROM,ANY PORTION THEREOF LYING WITHIN LOT A ON RECORDED EXEMPTION NO. 1469-35-03 RE-4462,A PART OF THE WEST 1/2 OF THE WEST 1/2 OF SECTION 35,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6TH P.M., RECORDED JANUARY 24,2007,AT RECEPTION NO.3450532, • COUNTY OF WELD. STATE OF COLORADO. also known by street and number as: Vacant Land-Parcel 6,Brighton,CO 80603 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 in anywise thereunto appertaining,and all the estate, right,title,interest and claim whatsoever of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee(s)his/her/their/its heirs and assigns forever. IN WITNESS WHEREOF,the grantor(s)has/have executed this deed on the date set forth above. Rule Feedlot,Inc.,a Colorado corporation By:(44.1..-7° Cacke— President AST: Secr t$ 1-1 STATE OF COLORADO 4#-C / -c ss. rG COUNTY OF CI4# v ��Thhe foregoing instrument was acknowledged before me this,2 " day of S'{ otOOR). by tc./ry art, as 'asiJtf-o' E4L(cftniipt.situ_Et CClC'i*-d,;-' Witness my hand and official seal. ir- My commission expires: • "'Notary Public File No.: F2076190 No.933.Rev.4.94. QUITCLAIM DEED SKLD LG SKL10231 WE 3580597-2008 . 001 -orded at _ ._.o'clock hi, — 23O xpuon No. 2518230 H-1574 P-691 10/31/96 11:26A PG 1 OF 1 REC DOC Weld County CO SA Suki Tsukalmto Clerk & Recorder 6.00 QUITCLAIM DEED i • THIS DEED,made this 23rddayof October ,1996 between qLO VI t 7 \- of the `County of Weld and State of Colorado,grantor(s),and Rule Feedlot, Inc. whose legal address is 982 Weld County Road 21 Brighton, CO 80601 of the County of Weld and State of Colorado,grantee(s), WITNESS,that the grantor(sl,for and.in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration Dollars the receipt and sufficiency of which is hereby acknowledged,ha remised,released,sold and QUITCLAIMED,and by these presents do remise.release,sell and QUITCLAIM unto the grantee(s), their heirs,successors and assigns forever,all the right,title,interest,claim and demand which the grantor(s)ha in and to the real property,together with improvements,ifany, situate,lying and being in the County of Weld and State of Colorado, described as follows: All that part of the Northwest 1/4 of Section 35, Township 1 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, lying North of the right of way of the Union Pacific Railroad Company, County of Weld, State of Colorado. Title purposes only - No Doc Fee Required • alsoknownbysDeetandnumberas: 982 Weld County Road 21, Brighton, CO. 80601 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 in anywise LI thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor(s).either in law or equity,to the only proper use,benefit and behoof of the grantee(s) their heirs and assigns forever. IN WITNESS WHEREOF,the grantors)ha executed this deed on the date set forth above. C.- .a — Larry . Rule STATE OF COLORADO, S. County or de„,...., The foregoing instrument w a owledged before me.this 23 rd day of CC t ober ,1991§,,,,,,,,, by Larry L. Rule dU' 1 oToa ' Witness my hand and official seal. p • :'3 I "a Mycommi ion expires: j : t. _ • /657,;(1(�Cr.' 1� ` "1 p t ,. nr m oemeouse Yn,one-. *Nat: PN.: 4 Name aM Address a Pens,Crnliag Newly Cmtea feral rksmet:on II38 i5.ILN.5.C R F1 No.933.Rev.4-94. QUITCLAIM DEED &wire d Publishing,1743-Wage,Si.Demcr.CO 90251—1N➢1792 25W—9-96 SKLD LG SKL10231 WE 2518230-1996 . 001 3S - 2 - 00 -0O7 • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this Z9 day of July, 2009 (the "Effective Date"), by LARRY L. RULE, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a "Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north, the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. Weld County informed the District that the property owners within the Service • Area, and not the District, must be the applicant that requests the formation of the RUA (the "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as the RULE PROPERTY, and is located at 982 Weld County Road 21, Brighton, Colorado 80601, which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to complete and process the RUA Application, (b) submit to Weld County the RUA Application, and (3) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the • RUA Application. 900541.1 JTJOHN 07/13/09 4 309M • 3. The Owner will (a) review the RUA Application in the course of its preparation, (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. • 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 JTJOFLN 07/13/094:30PM 2 • OWNER OWNER 62, Name Name Date Date TODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R. I r. President x/29/oq Date ATTEST: • 24 Roger G. Bollard, Secretary • 900541.1 3IIOHN 07/13/094.30PM 3 • Exhibit A A parcel of land located within Section 35, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 900541.1 1TJOIMI 07/13/09 4:30 PM 4 corded at o'clock 23o 'cation No. 2518230 B-1574 P-691 10/31/96 11:26A PG 1 OF 1 REC DOC Weld County CO JA Suki Tsukartoto Cleric & Recorder 6.00 QUITCLAIM DEED • Ttween madetmg 23rddayof October ,1996 between L�1V^`' / L ' ,< l! I '� of the ''County of \Weld and State of Colorado,grantods),and Rule Feedlot, Inc. whose legal address Is 982 Weld County Road 21 Brighton, CO 80601 of the County of Weld and Slate of Colorado,grantee(s), WITNESS,that the grantor(s),for and:in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration Dollars the receipt and sufficiency of-which is hereby acknowledged,ha remised,released,sold and QUITCLAIMED,and by these presents do remise,release,-sell and QUITCLAIM unto the grantee(s), their heirs,successors and assigns forever,all the right,title,interest,claim and demand which the grantor(s)ha in and to the real property,together with improvements,if any, situate,lying and being in the Couoty of Weld and State of Colorado, described as follows: All that .part of the Northwest 1/4 of Section 35, Township 1 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, lying North of the right of way of the Union Pacific Railroad Company, County of Weld, State of Colorado. Title purposes'only - No Doc Fee Required • also known by street and number as: 982 Weld County Road 21, Brighton, CO. 80601 assessors schedule or.parcel number. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining,and all the estate,right,Title,interest and claim whatsoever of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee(s) their heirs and assigns forever. IN WITNESS WHEREOF the grantor(s)ha executed this deed on the date set forth above. D( Larry Rule STATE OF COLORADO, SS. County of The foregoing instrumenrw a owledged before me-this 23 rd day of October nor, by Larry L. Rule „s°'dkonDo Witness my hand and official seal. ] ° My comml ion expires: q//0/9r ' . I?©,7 .!'x { �r� nc lf(2 � s--.. o f. . • '1:ie Denrcl.den"City and" "J�_ 5Neiy.PUMi Name and Address of Person Crewing Newly Crewed Legal Dnt.npnon I)38-35-106.5.C R.5) No.933.Rev.4-94. QUITCLAIM DECD Bradford Publishing,1743-Waece St.,Denver.CO ROM-1313)292-5W—&96 SKLD LG SKL10231 WE 2518230-1996 . 001 /46% - Z6 - 2 -00 - 0jy / `/!27 - 2 - 2 -00 -Df ,- • AGREEMENT TO PROCESS RUA APPLICATION n/ THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this ryo7ii day of July, 2009 (the "Effective Date"), by JOSEPH A. REIDER AND ALLANA M. REIDER, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a"Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north, the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. Weld County informed the District that the property owners within the Service • Area, and not the District, must be the applicant that requests the formation of the RUA (the "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as the REIDER PROPERTY, and is located at 1620 Weld County Road 21, Brighton, Colorado 80601, which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to complete and process the RUA Application, (b) submit to Weld County the RUA Application, and (3) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the • RUA Application. 900541.1 JTJOHN 07/9/09 5 O6 PM • 3. The Owner will (a) review the RUA Application in the course of its preparation, (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. • 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 IIJOHN 07/9/095:06 PM 2 • O R OWNER < ---J05e- 4 . Recde- - A<<Qnct ," . 7\atcur Name Name L//041 VZ-Cal09 Date Date TODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R and Jr., President 77zi/0? Date ATTEST: . €.6� Roger G. Bollard, Secretary • 900541.1 ITIOHN 07/9/09 5 06 PM 3 • Exhibit A A parcel of land located within Section 26, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 90054L1 71O}IN 07/91095:06PM 4 1131ii niri iiiiii iiu i1u iii1ii iIiilIii nisi iu� !! 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk Recorder 968 WARRANTY DEED THIS DEED is dated August 21st, 2008, between: Joseph A.Reider,and spouse,Allana M.Reider, of 3313 Lowell Lane (collectively the"Grantor") AND Joseph A.Reider,and spouse,Allana M. Reider of 3313 Lowell Lane,Erie CO 80516 (collectively the"Grantee") WITNESS,that the Grantor,for and in consideration of the sum of$0.00,the receipt and sufficiency • of which is hereby acknowledged,have remised,released,sold and granted with general warranty covenants unto the Grantees,their heirs and assigns forever all the right,title,interest,claim and demand which the Grantor has in and to the EASEMENT of the real property,together with improvements,if any,situate,lying and in the County of Weld of the State of Colorado,described as follows: PT NW4 4 26-1-67 Lot B REC Exempt RE-4595., according to the recorded plat in the Office of the County Clerk and Recorder filed 07/25/2007. This property is also known by street number as 1620 WCR 21,Brighton,CO. Assessor's schedule or parcel number: 146926200015. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges belonging on the property,or in anywise appertaining to the property,and all the estate, right,title,interest and claim whatsoever of the Grantor,either in law or equity,to the only proper use and benefit of the Grantee,and the Grantee's heirs and assigns forever. And the Grantor will warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of all persons whomsoever. IN WITNESS WHEREOF the Grantor has executed this deed on the day and year above written. S SKLD LG SKL10231 WE 3573968-2008 . 001 I IIIIII IIIII 3573968 08/22/2008 02:53P Weld County, CO • 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder Signed,Sealed and Delivered In the Presence of: Joseph A.Rcider Nam Allana M.Reider Sign:`- `LO -211 C- Name: Ailcznu tM. Re:el,i Grantor Acknowledgment State of Colora o County of ,n _ The foregoing instrument was acknowledged before me, (fir_Man'flan,this _girt day of A"rj va-6 ,20t7 ,by the Grantor,personally known to me:(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. My commission expires ufly.2o'e • ERIC WOODARD Notary Public,State.of Colorado NOTARY PUELID County of ,o(a,rr.-a STATE OF COLORA00 *03.morptrt(toog . ..rat.... 02002-2008 LawDepot.comTM • SKLD LG SKL10231 WE 3573968-2008 . 002 Jillii11111111111 �� ti11111111111! �� IIIIIIIIIIIII 3573969 08/22/2008 02:53P Weld County, CO 1 or 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder 969 WARRANTY DEED THIS DEED is dated August 21st, 2008, between: Joseph A.Reider,and spouse,Allana M.Reider, of 3313 Lowell lane (collectively the"Grantor") AND Joseph A.Raider,and spouse,Allana M.Raider of 3313 Lowell Lane,Erie CO 80516 (collectively the"Grantee") WITNESS,that the Grantor,for and in consideration of the sum of$0.00,the receipt and sufficiency of which is hereby acknowledged,have remised,released,sold and granted with general warranty • covenants unto the Giantess,their heirs and assigns forever all the right,title, interest,claim and demand which the Grantor has in and to the EASEMENT of the real property,together with improvements,if any,situate, lying and in the County of Weld of the State of Colorado,described as follows: PT NW4 26-1-67 Lot A REC Exempt RE-4595., according to the recorded plat in the Office of the County Clerk and Recorder filed 07/25/2007. This property is also known by street number as Assessor's schedule or parcel number: 146926200014. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges belonging on the property,or in anywise appertaining to the property,and alI the estate, right,title,interest and claim whatsoever of the Grantor,either in law or equity,to the only proper use and benefit of the Grantee,and the Grantee's heirs and assigns forever. And the Grantor will warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of all persons whomsoever. IN WITNESS WHEREOF the Grantor has executed this deed on the day and year above written, • SKLD LG SKL10231 WE 3573969-2008 . 001 1 111111 1 1111111111 11111111 111111 111111 11111111 1111 1 H I 3573969 08/22/2008 02:53P Weld County, CO • 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder Signed,Sealed and Delivered _ In the Presence of Joseph A.Reider Na --In:-c.1.4_-Q ,t<'¢,d..e.� Allan M.Reider Sign Q^J2 Name: 1{(I 0.n2 YVt F A- C1Q(— Grantor Acknowledgment State of Colo 0 County of T e foregoing instrument was acknowledged before me, at Ak Dlu'this )2/ ° thy of v ,20 C 7 ,by the Grantor,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. My commission expires Siniviz'�,7a/o. • ERIC WOODARD Notary Public, to of Colorado NOTARY PUBLIC County of r STATE OF COLORADO My Commission Expivs January 24,2010 • ©2002-2008 LawDepot.comTM • SKLD LG SKL10231 WE 3573969-2008 . 002 • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this -7 - day of July, 2009 (the "Effective Date"), by D & C FARMS LLLP, JOHN EDWARD HOWARD, MARLA SUE HOWARD, & DONALD GARY HOWARD, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a "Party" and collectively as the"Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north, the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of the Service Area as a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; • C. Weld County informed the District that the property owners within the Service Area, and not the District, must be the applicant that requests the formation of the RUA (the "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as D & C FARMS LLLP, and is located at 8709 Weld County Road 4, Brighton, CO 80601, which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to complete and process the RUA Application, (b) submit to Weld County the RUA Application, and (3) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the • RUA Application. 900541 1 JTJOHN 07/8/09 9:35 AM • 3. The Owner will (a) review the RUA Application in the course of its preparation, (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. • 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 IIJOFLN 07/8/09 9:35 AM 2 • OWNER OWNER cr./ Ca FoLA � -41--) LLLP (LA,P CMae-2-7--to Den1 j �. _"'� 7� Name Name �� 40nala Ga.-ti 4 C and Date Date 7/1y//61' OWNER OWNER 9 u o 'eLc.it vrcA-e L Jo A,, C/vv il How�� Name �� Name 7 Date Date OWN OWNER 'fin k alad /�'l 147 at/cu//3 • Name / « / Name Date (/ //// Date TODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R. and J ., President 127/01 Date ATTEST: Roger G. Bollard, Secretary • 900541.5 IIJOFLN 07/8/09 9'.35 AM 3 • Exhibit A A parcel of land located within Section 26, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 900541.1 MORN 07/8/09 935 AM 4 r+kxh-ry, i ` r. 1 X jX "F'x-.;- bra w cn 4;Ce -' - .1. e 1^ ittst'>-- z aT - N -„..Ottlu >.. ; aw.+a•4 M. '7 e51 M.....I1.,X 44 �^ .r.p. �n, } I WARRANTY DHHD tit ,,,. _ [ Q ;8, . ;. CM KNOW ALL MEN SY THESE PRESENTS, That David E. Howard and t 1, carol C. Howard, of the, County of Weld and State of Colorado, _ .~ for the consideration of One Hundred Twenty—five Thousand Nine o r,�z; I. Hundred Seventy Dollars ($125,970.00) , in he..i- ;, . U raid, da hereby vv sell and convey to Donald Gary Howard, John Edward Howard and -see--9-9,-..ey..3 r:- ,o Marla Sue Howard, all or the County of Weld ;.:•d State of Colo- o a«z v - - redo, as tenants in common, an undivided one-half (1/2) inter- k-y-'� "' est, that is to say, each grantee shall re:eive an undivided La r� " ''}" .., one-sixth (1/6) interest, in and to the following real estate m and property, situate in the County of Weld and State of Colo- ..;L;u "-;.`� . - 'a. _ `_ y ', rude S wn EVER 10 inn mamma-gal-ION OF A JOIN'S LIFE ES- .r n _ V TATw INV ANT' TO=EVER v."...�.:"V 1 O nu, iv-,vii: r� O 0 Parcel A: The North Half of the Southwest Quarter o (NSW �t�•� r_ 3 t)North, Range Sixty-seven vans (26D , Township One a (1) Range (67) West of the girth s_. M (6th) Principal Meridian, a^ N N Parcel B. An undivided one-half (1/2) interest in 47, and to all of Section Twenty-seven (27), Township _.c , ,', One (1) North, Range Sixty-seven (67) rest of the Sixth (8th) Principal Meridian, together with four Y� (4) shares of capital stock of the Highline Canal ,,,eY and Reservoir Company and two (2) shares of the - capital stock of the Signal Ditch Company, '--_: Stale Docyweptory EFg3 Parcel C: The Southeast Quarter (SEI) of Section - .4. : Date '-run'll 44/.'... Twenty-eight (28), Township One (1) North, Range "c, �• ..,3 $ 0.10.O Sixty-seven (87) West of the Sixth (6th) Principal r i;: Meridian, together with four (4) shcres of the - Farmers Highline Company, -.s r ):3. ;.:1-_-;;? Parcel D: The Northeast Quarter (NE}) and the /* South la0 acres of the Northwest Q 'er ,Nrii) of Section Thirty-two (32), Township One (s) No.-tn, , Range Sixty-seven (67) West of the Sixth Principal C-. .' " Meridian, together with twelve (12) shares of the alto, Stanley Water Company and fifteen (15) shares of the ,;yam,__, „f ..;ct-1/47 German Ditch Company, fi. together with all its a k-: ::',--',.'.:-%4: g appurtenances and warrant the title to the � a- same. Subject, however, to the following: --'sY ' 4.. 1. A reservation of a joint life estate in and to the : '-, ;� grantors, that is to say, the remainer interest conveyed - 1-,: + Si: hereby shall not vest until the death of the survivor of e - the grantors. ';a 2. 1972 taxes due and payable in 1973. e-aa rcacirrrn�azt''�Y 3. Any and all reservations, limitations, conditions and '^u , "4-'0"47.4s-S.4- ' exceptions contained in instruments of reccrd which in %.- • ^ess any way relate to or burden the above bargained premises.Wett Yr f (110r 4. Excepting record conveyances of certain parcels thereof. v �"�tgMe ` �fr „3, Signed and delivered this,Y)1^-iday of December, 1972. }' y f/n ✓ ''ice fi� -2 ✓ t .. „%41v. ,�u-f� u: 2t'� ,dr, } . owar Carol C. Howard ,t r•^. rt: f •i sztais[COLORA DO ) / fo... m tat+'..toner, qt WELD ) SS - �.�=1 " Tyt k-.- w''flak Va ` oregoing instrument was acknowledged L “--in *r k f!} s /' �'s..1% Odby op,}ecember, 1972, by David E. Howard and Carol C. Howard. < s .: w,, '.."r,' dy.., :.W;x E88 my hand and official seal .a5 , r ,- t- ,, . commission expires: '7 '414 - s Z. !` . ..,2 . C. t _/ .GCS "kttorr • sy Notary pl icy Yk -_. M`.5, D a4r i`si- V � 11 I 111111111111111111 III 11111 111111 Hill III 111110111111 2949232 05/06/2002 04:42P JA Sold Tsukamato 232 1 of 2 R 10.00 0 0.00 Weld County CO QUIT CLAIM DEED • THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s)or entity(ies)named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTORS: David E.Howard and Carol C. Howard GRANTEE: David E. Howard and Carol C. Howard, as tenants in common each with an undivided one-half interest FORM OF CO-OWNERSHIP: n/a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A Signed on I F h ..28 ,2002. • wt-tcY G 'wt.0 et 1) C '4{1-tc`2LGk David E. Howard,Grantor Carol C. Howard,Grantor STATE OF COLORADO ) • ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 28th day of February \ 2a}2,Yfg•David E.Howard. :•!k 0 T•1 q ;kg\TESS my hand and official seal. t tilt'commission expires: 11/24/2005 afiQJ 0. .' Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ........•.........foregoing instrument was acknowledged before me this 28th day of February "9,,V2bbOS'yarol C. Howard. ' - N 0 T 4 N ATh IESS my hand and official seal. 1 aif .9 � 1 - [s'�Tommission expires: 11/24/05 i Notary Public M%HI I]PW0110014c400 I wut • SKLD LG 172 . 20 . 16. 20 WE 2949232-2002 . 001 • 111111IIII 1111111 III 111111111111111111111111111111111 2949232 05/06/2002 04:42P JA Sued Tsukamato 2 of 2 R 10.00 0 0.00 Weld County CO • EXHIBIT A PARCEL 1: All of Section 26, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the North one-half of the Southwest one-fourth(N 1/2 SW 1/4)of said Section 26, County of Weld, State of Colorado PARCEL 2: All of Section 28, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Southeast one-fourth(SE 1/4),and an undivided five-twelfths interest of the North one- half(N1/2), and the Southwest one-fourth (SW 1/4) of said Section 28, County of Weld, State of Colorado, except parcels conveyed to Vessels Oil and Gas Company, a Colorado corporation PARCEL 3: All of Section 32, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Northeast one-fourth(NE 1/4) and the South 100 acres of the Northwest one-fourth (S 100 of NW 1/4) of said Section 32, County of Weld, State of Colorado PARCEL 4: All of Section 29, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors, including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth(SE1/4) of said Section 29, County of Weld, State of Colorado • PARCEL 5: All of Section 21, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the East one-half of the Southwest one-fourth (E1/2 of SW 1/4) and the Southeast one- fourth(SE i/4) of said Section 21, County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No. 1469-28-4 (RE-3066) which was recorded at Reception No. 895875 on October 30, 2001, Weld County Clerk and Recorder's office, being a part of the Southeast one-fourth (SE1/4) of Section 28, Township 1 North, Range 67 West of the 6th P M., County of Weld, State of Colorado Together with all water rights, ditch rights and reservoir rights appurtenant to or used in connection with the above-described property, including, but not limited to, The Big Dry Creek Ditch and Reservoir Company (Certificate No. 116 for 5/12 of 1 share), The German Ditch and Reservoir Company (Certificate No. 136 for 15 shares), The Farmers Reservoir and Irrigation Company (Certificate No. 6077 for 2 shares), The Farmers Reservoir and Irrigation Company(Certificate No. 5797 for 12 shares), Mountain View Water Users Association(Certificate No. 17), and Mountain View Water Users Association(Certificate No. 227) Nolinnvm WJlkg,I2 • SKLD LG 172 . 20 . 16. 20 WE 2949232-2002 . 002 ^ 11111111101011111 I��(111011111111111111 IIIII��!III! 2956629 05/30/2002 04:34P Weld County CO 1 of 2 li 10.00 0 0.00 J.A. "Saki-Tsukamolo • 6j QUIT CLAIM DEED THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s)or entiry(ies)named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTORS: David E. Howard and Carol C. Howard, as tenants in common each with an undivided one-half interest GRANTEE: D&C Farms, LLLP,a Colorado limited partnership FORM OF CO-OWNERSHIP: n/a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A Signed on r i pt'tiC./,1.. / 2002. / � t �` cwce R � ( atid�( /Lc tieLit David E. Howard,Grantor Carol C.Howard,Grantor STATE OF COLORADO ) • ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before methis Is day of March 2002,by David E.Howard. °"W NESS my hand and official seal. • g 1 q 41V6bmmission expires: 11/24/05 0P'j' Notary Public • STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this t cr day of March 2002,by Carol C. Howard. WITNESS my hand and official seal. .............. \i H[ •-••••• .ml.,aommission expires: II/24/05 co- E.91.-1/21 �/ / / ` o Notary Public b . • M:n1179O10,o(49095io,,,n, • C + • SKLD LG 172 .20 . 16 . 23 WE 2956629-2002 . 001 i.. 1111111111111111111 III 11111111111111111 III 11111 HEM 2956629 05/30/2002 04:34P Weld County CO 2 of 2 R 10.00 0 0.00 J.A. "Suki"Tsukamoto • EXHIBIT A PARCEL 1: All of Section 26, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the North one-half of the Southwest one-fourth(N1/2 S W 1/4)of said Section 26, County of Weld, State of Colorado PARCEL 2: All of Section 28, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Southeast one-fourth(SE 1/4),and an undivided five-twelfths interest of the North one- half(N1/2), and the Southwest one-fourth (SW 1/4) of said Section 28, County of Weld, State of Colorado, except parcels conveyed to Vessels Oil and Gas Company, a Colorado corporation PARCEL 3: All of Section 32, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Northeast one-fourth(NE1/4) and the South 100 acres of the Northwest one-fourth (S 100 of NW 1/4) of said Section 32, County of Weld, State of Colorado PARCEL 4: All of Section 29, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors, including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth (SE1/4)of said Section 29, County of Weld, State of Colorado • PARCEL 5: All of Section 21, Township f North, Range 67 West of the 6th P,M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the East one-half of the Southwest one-fourth (E l/2 of SW 1/4) and the Southeast one- fourth(SE I/4) of said Section 21, County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No. 1469-28-4 (RE-3066) which was recorded at Reception No. 895875 on October 30, 2001, Weld County Clerk and Recorder's office, being a part of the Southeast one-fourth (SE1/4) of Section 28, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado Together with all water rights, ditch rights and reservoir rights appurtenant to or used in connection with the above-described property, including, but not limited to, The Big Dry Creek Ditch and Reservoir Company (Certificate No. 116 for 5/12 of I share), The German Ditch and Reservoir Company (Certificate No. 136 for 15 shares), The Farmers Reservoir and Irrigation Company (Certificate No. 6077 for 2 shares), The Farmers Reservoir and Irrigation Company(Certificate No. 5797 for 12 shares), Mountain View Water Users Association(Certificate No. 17), and Mountain View Water Users Association(Certificate No. 227) M\Hl 11910001,l01legaI2 • 3KLD LG 172 . 20 . 16 . 23 WE 2956629-2002 . 002 5 CORRECTION QUIT CLAIM DEED 0 THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTORS: David E Howard and Carol C.Howard,as tenants in common each with an undivided one- half interest GRANTEE: D&C Farms, LLLP,a Colorado limited liability limited partnership 8709 WCR 4,Brighton,Colorado 80601 - FORM OF CO-OWNERSHIP: n/a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A This Correction Quit Claim Deed is made to correct the Quit Claim Deed dated March 1, 2002 and recorded on May 30,2002 at Reception No.2956630 of the Weld County records,as the Grantors did not intend to transfer the water rights described in the previously recorded Quit Claim Deed to D&C Farms, LLLP,the Grantee. Signed on 1c.� ,,,9„2 2002. 7/,J-Li �> David E. Howard,Grantor Carol C. Howard,Grantor STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me thi .2 r by David E. Howard and Carol C. Howard. �ay of_ , 2002, WITNESS my hand and Ufa- -.- ht rr 2 1 My commission expires S ✓')" 'z 4 As t tee,the undersigned ag' ..;'---7 Asiaccepts this Correction Quit Claim Deed this ,7..2id day of ,2002 and makes no claim to the water stock or any other water rights described in the previo y recorded Quit Claim Deed which was recorded at Reception No. 2956630 of the Weld County records,Colorado. D&C FARMS,LLLP,a Colorado limited liability limited partnership By: By: Oward, /rtner t David E. Howard,General Partner Carol Howard, General Partner t Subscribed and sworn to before me this day of 2002 by David E.Howard and Carol C. Howard, General Partners ms, LLLP, Colorado limited liability limited partnership. O`jrt ro 0yp .y 4 Witness my hand and official ;-+; c • -t Z • My commission expires:5'"-. •� ti .'r� 1111111 WI 1111111 11111 11111 11111 11111 fll IIIII Ills ill! Pub c 3KLD LG 172 .20 . 16.23 WE 2976534-2002 . 001 1 0l 2 H 10.00 0 0.00 J.A."Saki"Tsukamoto 1 HMI 11111 11111 11111 Mill 3101 2976534 0810812002 04:06P Weld County.CO 2 at 2 ft 10.00 0 0.00 J.A."Suki" Tsukamoto • EXHIBIT A • PARCEL I: All of Section 26, Township 1 North, Range 67 West of the 6th PM., County of ✓ Weld, State of Colorado, owned by Grantors,including,but not limited to,an undivided one-half interest of the North one-half of the Southwest one-fourth(N1/2 S W 1/4)of said Section 26,County of Weld, State of Colorado PARCEL 2: All of Section 28, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors,including, but not limited to, an undivided one-half interest of the Southeast one-fourth(SE I/4),/4),and an undivided five-twelfths interest of the North one- half(Nl/2),and the Southwest one-fourth(SW I/4)of said Section 28, County of Weld, State of Colorado,except parcels conveyed to Vessels Oil and Gas Company,a Colorado corporation PARCEL 3: All of Section 32, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to, an undivided one-half interest of the Northeast one-fourth(NE 1/4)and the South 100 acres of the Northwest one-fourth (Sloe of NW l/4)of said Section 32,County of Weld,State of Colorado PARCEL 4. Alt of Section 29, Township I North, Range 67 West of the 6th P.M., County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth(SE 1/4)of said Section 29,County of Weld,State of Colorado PARCEL 5. All of Section 21, Township 1 North, Range 67 West of the 6th P M., County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the East one-half of the Southwest one-fourth(E1/2 of SW 1/4)and the Southeast one- fourth(SE I/4)of said Section 21,County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No. 1469-28-4(RE-3066)which was recorded at Reception No.895875 on October 30,2001,Weld County Clerk and Recorder's office,being a part of the Southeast one-fourth(SE I/4)of Section 28, Township I North, Range 67 West of the 6th P.N..., County of Weld, State of Colorado ..!HI Ifl nOIYUIIq.1I I wwli • SKLD LG 172 . 20 . 16 . 23 WE 2976534-2002 . 002 • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this t day of July, 2009 (the "Effective Date"), by CAROL C. HOWARD AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID E. HOWARD, DONALD GARY HOWARD, MARLA SUE HOWARD, CAROL C. HOWARD, JOHN EDWARD HOWARD, JULIA HELEN JOHNSON aka JULIA H. SPAFFORD, JAMES HOWARD JOHNSON, LINDA JO ZATARMIN aka LINDA JO ZIMMERMAN, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a "Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north, the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional • Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. Weld County informed the District that the property owners within the Service Area, and not the District, must be the applicant that requests the formation of the RUA (the "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as the Howard Property, and is located at 1888 Weld County Road 19, Brighton, Colorado, 80601 which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. • 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to complete and process the RUA Application, (b) submit to Weld County the RUA Application, and (3) publically support the RUA Application, 900501.1 .T1 TJOF N 07/9/09 5-.32 PM • including without limitation appearing at any required public hearing to testify in support of the RUA Application. 3. The Owner will (a) review the RUA Application in the course of its preparation, (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the • successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 1TJOHN 07/9/09 5:32 PM 2 • OWNER O E /'fJ,r 6._.(___ tu7.4.,,_....i, 2v.„,,e, Nam Name 7 12 0 V./ #/ 5 q Date t" Date OWNER OWNER / / Name Name 7-1t - 7 7- / fir _ 09 Date Date ER 1 OWNER (Pei `i /1-g H -ex..)fir 9 Iic7- / " oe7 ame Name 7/i / o6/ Date / Date OWNER r�� n1-1y'� / ,�} OWNER !7�/G Moo Cu o arcoo s � D Name I I( 09 N -ytG��L� l�Cry l i Date `I II( V t Date 7/'/4' b l7 • 900541.1 ITIOHN 07/9/09 5:32 PM 3 • TODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R H n Jr., President 7/1709 Date ATTEST: Pr IQ, Roger G. Hollard, Secretary • • 900541.1 JTIOIW 07/9/09 5:32 PM 4 • • Exhibit A A parcel of land located within Section 27, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 900541.1 JTJOHN 07/9/09 5:32 PM 5 • • :-'ciKL_C* $ -.:C m %� ' -. Y S.3 f + t,F c^ r f A 'h.? -y. • a'H ;"x-.3.8`ors N • N 1. r :JAN 23 -a& " 7 - bv u •� I WARRANTY flPxco or 4 s_ a I - I .i ! y Q 31 Brei BY THESE PRESENTS, That David E. Howard and i rd, - `' Carol C, '.-nrd, of the,County of Weld and State of Colorado, 1 [.7`' 3 .••f for this ;aderatiba 64 One Hundred Twenty-five Thousand Nine • w em Hundred Seventy Dollars (4125,970,00)�, in hand _ G, do hereby _ _ - In sell and convey to bontld'Gary Hossard John 3'inrdnoward and - t J,,. ,o Marla Sue Howard, all: of'the County of Weld ''d State of Colo- e t; ee" < ri redo, ae tenants is common, an undivided on--.half (1/2) inter- ��s est, that is co say, each grantee shall re_oive an undivided _ e. . ae-sixth .1/6) interest, in and to the following real estate [ r e , . and property, situate in the County of weld and State of Colo- ,: n rade, SiILMICi ir.ari,aa TO THE RESERVATION OF A JOINT LIFE ES- J V.'- o •N, :Are IN ANn Tvw cg .. ^s, ca-wit. 1 ' -L - 6 ''-i.,.:2?Sr. 0 Parcel. 11 A: The North Half of the Southwest Quarter { .4 a f • x°a ee" (NeSWt) of Section Twenty-six (26), Township One 1 ,'p -e Ae e P (1) North, Range Sixty-seven (67) West of , Sixth ,�� e%. (6th) Principal Meridian, r fi 4W `R N > " - dr Parcel B: An undivided one-half (I.'? interest in ' , and to all of Section Twenty-seven ;27), Township _,_r„',,.,ray�` One (1) North, Range Sixty-seven (67) Nest of the - ie t ""` - Sixth (6th) Principal Ceridien, together with four(4) shares of capital stock of the Highline Canal _ ,. `,.e. and Reservoir Company and two (2) shares of the 'i 'per - e capital stock of the Signs- Ditch Company, -.ReTecscelee. Sic:a DocypgpWX frn3 Parcel C: The Southeast Quarter (SR}) of Section Data ._. .. ._ ._ LN twenty-eight (28), Township One (1) North, Range r; s )) ]]yy OJ� Sixty-seven (67) West of the Bier ',8th) Principal- u Y _..../pL•�Li. _ d— v , Meridian, together with four (4) me of the '- - , ,,, f, Farmers Highline Company, 1 J Parcel D: The Northeast Quarter (.'E}) and the e nFa Tee South 100 acres of the Northwest Quarter (NW}) of s ,rh e.:) S!:_Son Thirty-two (32), Township One (1) North, • ,+h V✓-.. ,?;F1t a S ...ey-seven (67) West of the Sixth Principal I ` � Y� �P_=w 3, _ di. .' together with twelve (12) shares of the ega¢-4`7.[ r-' Water Company and fifteen (15) shares of the .r, Ditch Company, . .s; a 4 .'. , e together with all its appurtenances and warrant the title to the - S ' same. Subject, however, to the le .lowing: `'� 1. A reservation of a jot t -.'e estate in and to the - 4. , grantors, that is to say, the remainer Interest conveyed 's, i e -Te.- `3• hereby shall not vest anti: the death of the survivor of ett, s i ,.N the grantors. - x >x °--Y 1_`t 2. 1972 taxes due and payable in 1973. ,.y.. $a. a.? i 3. Any and all reservations, limitations, conditions and ;`.e'. . .� .w; exceptions contained in instruments of record which in •-a' c ..ex - =fit any way relate to or burden the above bargained premises. ;1 ' 4. Excepting record conveyances of certain parcels thereof. u St t'T ,,' "3s. Signed and delivered this)Y'-/day of December, 1972. 2..-�- ' -N-VT eSi lr' „;., - 7` ITS Carol C. Owe rd m. '..^a 4 . .. RADO-"NV.. "el .- ., +Titre QQy�j; WELD ) 8S / iro �,,,,,, rm. $t'O, L%foregoing instrument was acknowledged before me this '1'/'- ( w di.1 wilt, ofpecember, 1972, by David E. Howard and Carol C. Howard. 4-t - '. '•. .•'♦cNE85 ay hand and official real. 1_. ,,.� Fr i,":.e- commission expire!: "}-144,.- 4/ .a,..' _ ^gym tar:, t� .�-a.� , 1 "`fm? Notary Public' - r INDIUM 1111111111111111��111111��/1111/III/III 3559019 06/05/2008 04:191' Weld Courtly, CO O� 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder • COMBINED INDIVIDUAL AND PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by Carol C.Howard individually and as Personal Representative of the Estate of David E. Howard,deceased,Grantor;to Carol C.Howard,individually and to Carol C. Howard as Personal Representative of the Estate of David E. Howard, Grantees; as tenants in common each as to an undivided one-half interest,whose legal address is 8709 WCR 4,Brighton, Colorado 80601,of the County of Weld,State of Colorado. WHEREAS, the decedent died on the date of March 17, 2007, and Grantor was duly appointed Personal Representative of said Estate by the District Court in and for the County of Weld, State of Colorado,Probate No.07 PR 143,on the date of April 11,2007,and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code,Grantor does hereby convey,assign,transfer and release unto Grantees as tenants in common each as to an undivided one-half interest,without warranty of title and without warranty, the following-described real property,including Grantor's interest,if any,in any vacated street,alley, or other right-of-way that adjoins the subject real property,situate in the County of Weld,State of Colorado: All of Section Twenty-seven(27),Township One(1)North,Range Sixty-seven(67) West of the Sixth(6th)Principal Meridian in Weld County,Colorado,together with any interest, if any, owned by Grantor in four (4) shares of capital stock of the Highline Canal and Reservoir Company and two(2)shares of the capital stock of the Signal Ditch Company. With all appurtenances,subject to general taxes and assessments for 2008,payable in 2009, • easements,reservations,agreements,exceptions,covenants,restrictions,conditions,limitations,and rights of way all of record or as may exist by use on the premises,and subject to all governmental laws,rules,and regulations,and subject to all matters that would be disclosed by an inspection of the land or by making inquiry of persons in possession thereof,and subject to matters that would be disclosed by an accurate survey,including,but not limited to,discrepancies,conflicts in boundary ;.. -o., enrrnarhmrntc and nth,rcnrh mntter<which ace ant chnwn nfn,,b1.. -----� As used herein,the singular includes the plural and the plural the singular. The intent of this deed is to confirm and clarify that Carol C.Howard and David E.Howard owned the property as tenants in common at the time of death of David E. Howard. Executed: May 3 a(20 b (7,0 e /Atree C Carol C. Howard.individually Carol C.Howard,Personal Representative of the Estate of David E.Howard, Deceased STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 31' day of 2008,by Carol C. Howard,individually and as Personal Representative of the Estate of Howard,Deceased. Witness my hand and official seal. ```..,6ol r r My Commission expires: R. ¢, Imo, . ,�r 4 � ••.,�• Notarypublic :'q':, by Jot .;c` M)HI I]N✓IDot'PR DEED.DOC iq4, \..... .9a\� /r/ rbrb.,N'tivvl SKLD LG SKL10231 WE 3559019-2008 . 001 4 9 Z? - d - OD -a20 • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this t7 day of July, 2009 (the "Effective Date"), by CAROL C. HOWARD AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID E. HOWARD, DONALD GARY HOWARD, CAROL C. HOWARD, JOHN EDWARD HOWARD, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a "Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north, the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; • C. Weld County informed the District that the property owners within the Service Area, and not the District, must be the applicant that requests the formation of the RUA (the "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as D & C FARMS LLLP, and is located at 8763 Weld County Road 6, Brighton, CO 80601, which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to Complete and process the RUA Application, (b) submit • to Weld County the RUA Application, and (3) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 900541.1 JTJOHN 07/10/091:33 AM • 3. The Owner will (a) review the RUA Application in the course of its preparation, (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. • 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 JT10HN 07/10/09 8 33 AM 2 • OWNER OWNER r ) stizi L----AC it, Ar 6P 4r-1 / ,cd &r1 Name Name 7 f2 0q Date Date OWNER ) OWNER at,ta-e 1/1/0 &PL Name Name r/— / S — di Date Date OWNER OWNER • / Cnrnl C. /tn..)ct r0L Name Name 7- / 3 - 01 Date Date OWNER OWNER n. i(Set"frer° /+ / Name Name (; %. /c0Lc)a ir9' Date `7//4/70 / Date • 900541.1 IDOHN 07/10/09 8:33 AM 3 • TODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R on r., President 7/2V9 Date ATTEST: Roger G. Ho lard, Secretary • • 900541.1 JTJOHN 07/10/098:33 AM 4 • Exhibit A A parcel of land located within Section 28, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 900541.1 JTJOHN 07/10/09 8:33 AM 5 t '�.e-- C • ••l. ..•.;w'f• t {•_a •f"y�.. C -�.'. c .-fc. .. +':. . .... _.•:i. •ate—`r r. ``��F �v• •Y_C ^' A�1'I124U6 • •'.. .a.PAANT'i DEED _: • N y Dare JAN . -4 198: Thu i:; UI:CU, made cols 28th day of December, 1192, .._[.+.:f`n %ri The City of Northglenn, Colorado, a Municipal Corporation, of the County o. .dan•: and State of Colorado, of first .'z s• '.C• .: ua[!, and Caro! C. 4p4arl and (lend E. 4cwarl, ,s tbnant , in -tla corpora as to an undr-,:de rl ;/12 interest, ind ., .:-n ... ''I owarj V t. ��' • .•� and Diana G. 4owarl, a, raoonts in com„r,e .., to an rneivided . i t pf 2/12 interest, and •- . b. ;a ry !Lave rd an and iv ides;! 9;12 int •va :c, ••••..4.44W"c2 all ni the Count/ of a-:irl. and State of _olora-fro, 4 ''' • second part:• .. ��. - SE.S, 'id . toe mu 0 part/ of the first 'part, for • • rX • •.. n ., ; aJ Y ,_��;• .red is consideration o. . -n Dollors and r he 'gal ia' : - consideration to the cold parry of the first part in hand paid oy said - L '•. ivy S pn r[ins of the second ,Carr, [ec receipt whereof is h:r•:1'ry 4±4:14:‘0, . + y' -i-i confessed s;ed and ar'rno',ln'I , d, has ')ranted, 'oar-galled, sold Ind r �' tt'z cnnv,:yed, and by these prrso-nts does ,)rant, hut-Frio, sell, _ 4 f . - convey aari confirm, unto the said parkies of the .:rand part, their heirs and ( , ;U)nd forever, all. ;Inc: f-ullow: q r L de.__ real and per ,onai property hereinafter Cof^Cred ,.C ' mile ctife ly as the "Premises" situated in t:et Count/ of — Weld, State of Colorado, - .-... - Tnc N 1/2 AND the SW 1/4 of Section 28; and - - �•'�� . The _ 1/2 of toe ;W 1/4 Id+D the SE 1/4 of Section 21; a •Y and the SE 1/4 of Section 29; rt'= 711.1 in Township. 1 Norta, 'Iange 67 West of the 6th P.M. EXCEPT that certain p reel of land located i:. tne SW -- -- of Section 20, Township 1 North, Range 67 West of to :p Sixth Principil Meridian, County of Weld, State of • Y'. Colorado, being more particularly described as Iallows: is �i•., Commencing at the iouthwr ;t corner of ;aid Section 2d;• ., _ thence N00`16'03"v loende- (r h.-acing hesod on Colorado . State Plane System )orth Zonel along the West line o;: said Section 28, a distance of 30.00 the.Flee s:,9 47' ; r"E along the Northerly Right-of-way line of County Road t4 '•J- and parallel with the South line of sold Section 24, a distance of '0.00 feet Co the Point of te';moan-); thence '700'16'0J'W along toe Easterly Ri<)ht nC waf line of ., 'aunty ,toad p17 and parallel with the ,."o;t line of said a t 'K; • E' .. • . : -e Y 41;44tr ",ice a7Es ` ti' O is — gym.. auction 28, a distance of 50.00 feet; thence sag°47' 53"E along a line parallel with the South line of said Section _ o _ -- - 28, a distance of 50.00 feet, thence 500"16'03"E along a line parallel with the West line of said Section 28, .a distance of 50.00 feet to a point on the Northerly �4•S.._e:�"_ Right of-way line of- County Road 44, said point also >I c y' •.y;;: being 30.00 feet north of the South line of said Section _ o43.0 1. 28; thence N.139°47 153"W _ long the Northerly Right-of-way ._ iz line of said County Road 71 and parallel with the South line of said Section 28, a distance of 50.00 feet to • ".--- -ax '`i• _ the Point of Beginning; containing 2499.92 square feet. :r 0.057 acres, more or Bess. -•�- ==''; • alsn 't nnan as "'foxall Farms" containing approximately 980 - .:C1t4x. .: acres, more or less, Y9d: .:: - —•,-�: with all the rights-of-'way and easements appurtenari£._ ._._. . .. ' ?. .y'. thereto, a1l improvements thereon an:: all fixtures of a permanent nature, if any, :n their present condition, including, out not limited to: 6. fiver ( Si nouses and one. 11 ) mill building, and aIL - :w.r right, title and interest to all water rights and will rights ... . r. ourtenant to the Premises, innlnio',, hut not ; imi teri tn: •,T -- at The "eoxall Bitch" 3 l 1. share Of 3ig Dry !'reel Ditch and Reservoir ":ompany cl 2 shares of FRICO (Standley Division) dl Nell permit No. 14279 and the rights to use the - ground water and well registration io connection • therewith, together 'with any and all .well equipment _e ---. „nil fixtures. 91 Membership rights in the Mountain 'View Water Users - y - . 'o'- Association In addition the City of Nortiglenn hereby grants to _ n; _ . � .i..:.; Purchasers the use of water and water rights under the City's shares of New Brantncr Ditcr, Company on t.hls property only .or as long as the City owns said shares, provided the City is not then using or anticipating using the same for the Faire) exchange _ _ augmentation ,. In the _vent the . " City of Northglenn desires to sell its share,; of New 0rantnd" - Ditch Company, the Purchasers shall have the first right of - refusal, -2- ate. arm .... .� i _ ° ! / ,. iE AND TO HOLD the said premises above bargained - and described with the appurtenances, unto the said parties of the second part, their heirs and assigns forever- And • the said nary of the first part, for itself, its heirs, ; e%CCU tors, and administrators, does covenant, gran', barolin, �i e: and agree to and with the said parties of the second part, -t'-"• 'T"�'.. .,�+-•• — - their' Lairs end assigns, that at the time of the ep sealing ax and delivery of these presents, it is well seized of t..: premises above conveyed, in law and equity, and has good ---,_-,40'_.- , 1- -right; full power-and-authority to 9rant,- har la in,.sell.. n nd.. _ s h� convey the same in manner ..nd form as aforesaid, and that a'-" +.I the sat are fee•_ and clear from all torner and otnoC Irantf., .r: bargains, sales, liens, ta,cea, assessment•, and encumbrinces • - ..- of whatsoever nature, EZ'-F::w r: A_ The City of Nortngle on reserves into itself and excludes from this Sal,. and Deed the folioaing: / -- 1. 3L sharetol of Big Dry Creek Ditch and .. _ncrv'iir - .... -�., C• ompany: howe e r, the City of 'io:thelle on hare,/ 'Jra � __ — g to the parties of the second part the use of these. shares on the (remises described herein only for a . lsnp as the City of Nortigle.nn nwn:, said shares, provided th,. City or No't'.:, s not then istnq ')r anticipating .>¢I • '- using the ddmr• fJr ,. i_ •V1l.0 exchange Or "J'fn^nttr1On • - purposes- In the e•lh nt, the City of 'iorthglenn desires • to sell its shares of Big Dry Creek Ditch and r.-neraOlr - Company, the parties of the second part shall nave t:u' • ' ' first right of refusal. 2_ H9.> crates of PP.li:'l. 3- 3 share; of New Drantner bitch i.^pany. The exclusive easement for the: disposal of treated effluent from Seller's wastewater treatment = Q • -- ;,lint located on the West :.0't—?half of Section 36, Township �',-y.'+ I ..•,r C., Bond,- 4H east 6th Well County, Colorado, by dhoti the lards convoyed hereby/the application thereof <' • zF , .• • ` ._. s _� _ ne irrigation of sui'_ahlc crops. S. That certain water tap from Mountain View Nato Users Association transferred to the Nc ahg Tenn .I14 Wastewater Treatment Plant on o: about May, 1982. 5. Any and all easements and rights-of-way to accomplish the Northylenn IRICO exchange program, or the: Northylenn South Platte River Plan for augmentation, _- - or any substitute or successor programs or plans. a3: 9. See the Exceptions t9 +varrenty Title—sr—':..forth in Exhibit 9 attached hereto and incorporated herein- .•tee . - • :il. .s" _ �.. � said pasty of the `.i,st part does hereby cony:( the, •a fix • _:d ;� - ,ova' Sar-lai ,ed premises and the quiet and peaceable on ' w;. thereof to said parties of the .. :send ;,act, their heirs and -r _.., i'lns: clotnst ;ell and every persos or , -r.,,x., .awful :'/ . . 1 cloimin.7 or to claim the whole or any part the Cry: ,ai party of the first part shall and will 4ARRJtIC AND FOREVER ..._.� DEf6JD- e• I:l nITNICSS dill RCOE• the said party of the first part „,•r. has hereunto set its hand and seal t;i,, day and year flc-:t above written. THE CITY OF NORTHCLENN, COLORADO • .. I. Donal i 9u Cr, Na/ ,r _• •• v8 tteethv .9y:• a"Artaatiii c":4 — • • Joyr:2' C .erk Ey STATE OF '_'O1.nf:ADO ) It; • -t . COUNTY OF i , •.% ' The coreyoiny InstjjV�'ment was acknowledged before e _'e is day of . r.r(!-,.� , 19J'--by Donald y .. 9urback, Mayor of t City of Northylenn and Joan M. Rarer, City Clerk of the City of Northylenn. Witness ay — ,��'~'. hand and official seal- , s -. r •,y commission ex.,ir-s: / /`.77 I ./.. w Y N tart' Public `J --- •• ' h e' O " — 7 W ."-.. r4. • •� EXCEPTIONS TO WARRANTY TT_TLE " .- 1 Rights of way for county roads 30 feet wide on either - _\t side of Section and Township lines, as established by ' ' . order of the Board of County Commissioners for Weld _ County, recorded October 14, 1889 in Book 86 at Page 273, Weld County Records. (Affects All Parcels) r , 2. The right of the proprietor of a vein or lode to extract ' and remove his ore, should the same be found to penetrate or intersect said land as contained in the Patent to _ Robert J. Williams, recorded June 15, 1894 in Boot. 51 µ _ms ``s_ at Page 258, Weld County Records. ^• ;=•`e: (Affects the SW1/4 of Section 28) . e .' 3. The right of the proprietor of a vein or lode to extract and remove his ore should the same be found to penetrate _ or intersect said land as contained in the Patent to e -~. Hans Mathisen, recorded March 14, 1900 in Book 178 at Page 252, Weld County Records. (Affects the N1/2NW1/4 of Section 28) 4. A right of way for ditches or canals constructed by the authority of the United States as reserved in the Patent to Hans Mathisen, recorded March 14, 1900 in Book 178 _ �5 at Page 252, Weld County Records. (Affects the N1/2NW1/4 of Section 28) t4. 5. The right of the proprietor of a vein or lode to extract •� and remove his ore should the same be found to penetrate - or • ,,.., • ointersect said land as contained in the Patent to Hans Mathisen, recorded March 14, 1900 in Book 178 at .... Page 254, Weld County Records. ,' (Affects the S]/25W1/4 of Section 28) gl . !a 6. A right of way for ditches or canals constructed by the '.j authority of the United States as reserved in the Patent to Hans Mathisen, recorded March 14, 1900 in Book 178 '"h! at Page 254, Weld County Records. * _ (Affects the S1/2SW1/4 of Section 28) 7. Reservations of all coal or other minerals within or - underlying said lands; the exclusive right to prospect in and upon said land for coal and other minerals therein *_. _ or which may be supposed to be therein, and to mine for - and remove from said land all coal and other minerals . which may be found thereon by anyone; the right of -- -_- ingress and egress and regress upon said land to prospect _ e`s] for, mine and remove any and all such coal or other __ a? minerals and right to use so much of said land as may be convenient or necessary for right of way to and from such prospect places or mines and for the convenient ice. and proper operation of such prospect places, mines and for roads and approaches thereto or for removal therefrom -'� of coal, mineral, machinery or other material; the "^ right of said Union Pacific Railroad Company to maintain ' __ and operate its railroad in its present form of construction !l ' and to make any change in the form of construction or method of operation of said railroad as reserved by • Union Pacific Railroad Company in the Deed to Dwight S. " Thompson recorded October 19, 1903 in Book 208 at Page e;i•;217, Weld County records, and any and all assignments thereof or interests therein. - (Affects the E1/25W1/4 of Section 21 ) ' .. SXBIBLT B v allfrifle • •r k • •• z ryri 1 7-_ :rr'w . ^,fir g. The right of the proprietor of a vein or lode to extract and remove his ore should the same be found to penetrate r- _ or intersect said land, as contained in the Patent to George Beard, recorded June 23, 190G, in Book-131 at _ :. 'r - Page 165, Weld County Records. L. •- 7E+ (Affects the NE1/4 of Section 28) r - t 9. A right of way for ditches or canals constructed by the - "'' authority of the United States as reserved in the Patent - ' to George Beard, recorded June 23, 1906 in Book 131 at — Page 165, Weld County Records. - (Affects the NE1/4 of Section 28) • . 10. Reservations of (1) all oil, coal and other minerals :: .y'YS. .. within or underlying a strip o£ land 200 feet wide on each slide of the center line of the railroad of said Union Pacific Railroad Company as said road is now constructed over and across said land; (2) the exclusive - - --r.•� 1_. right to prospect in and upon said land for oil, coal and other minerals therein, or which may be supposed to _y,�. be therein, and to mine for and remove from said land, all oil, coal and other minerals which may be found ,: f7 3: thereon by any one; (3 ) the right of ingress, egress .x and egress upon said land to prospect for• mine and remove any and all such oil, coal or other minerals,• - `!•�iy.', and the light to use so much of said land as may be ; ::.'=; convenient or necessary for the right-of-way to and •.'w,'. - from such prospect places or mines, and for the convenient _ -and proper operation of such prospect places. mines, .. .A^, and for roads and approaches thereto or for removal ;::;T, therefrom of oil, coal, mineral, machinery or other t � y,1 _ material as reserved by Union Pacific Railroad Company in the Deed to Ira W. Michael, recorded September 6, _____r____, ...,&;, -- --- ; 910, in Book 320 at Page 36, Held County Records, and r"a any and all assignments thereof or interests therein. � •, '�`7S'*� (Affects the SE1/4 of Section 29) -- - 'V11 All coal and other mineral and the right to prospect -- for and mine the same upon condition that any ground to taken or damaged shall be paid for, as reserved by Robert J. Williams in the Deed to Bans Mathisen, recorded ^N_ November 25, 1913, in Book 388 at Page 517, weld County Records, and any and all assignments thereof or interests therein. • Affects the W1/26w1/4 of Section` 29) {t68': 12, Right of way for a public highway over and across said land as granted to Weld County, Colorado, by right of way deed, recorded August 10, 1929 in Book 881 at Page 132, Weld County Records, said right of way being described • - _ as follows: A strip of ground 60 feet wide, it being 60 feet on -- North side of the Boulder Valley Railroad in the SW1/4 _ {y Section 28, Township 1 North, Range 67 West of the 6th P.M. , Beginning at the West line of above described land and running in a southeasterly direction to the L7:: South line of above described land. (Affects the W1/25W1/4 of Section 28) 13. A perpetual easement 37 1/2 feet wide on both sides of the indicated center line for the construction, operation , ..v _' .:,-t ., ; � and maintenance of an electrical transmission line together y I _ ,E with the right of ingress and egress as contained in instrument recorded January 26, 1950 in Book 1261 at Page 385, Weld County Records, said center line being described as follows: - 2 - .Y`3 :,ay...J, cs. „„• • ._� ., �,;. 1 .! J}, /- IN g _;;;__ng at a point on the West line of said NEi,4 Sec. 28, being 1360 feet, more or less, South of the North quarter-corner of said Sec. 28; thence South - 89'08' East a distance of 827.5 feet; thence North 89'54' East a distance of 1815.9 feet to a point on the _,_---: ' _ East line of said NE1/4, being 1396 feet South of the _....,---.--.,--4.r . ..'(„r,: Northeast corner of said Sec. 28. . (Affects the NE1/4 of Section 28) 14. All oil and gas leases and any other mineral leases,1 :i ;}v:_yy recorded or unrecorded. 15. Terms, agreements, provisions, conditions and obligations - . , A` as contained in Surface Owner's agreement between Yoxall. . '•i't .•' ' .a. Farms, Inc. , and Union Pacific Railroad Company, recorded :3+F- P February 8, 1971 in Book 640 under Reception No. 1561756, .•�i .. - Weld County Records. (Affects Parcel 2) �—• 16. The NaLh iscn Reservoir is located in the NWL/4 of the , _T.: -, NW1/4 of Section 28, and the Thompson Reservoir is located in the SF,1/4 of Section 21. . I - 17. Easement 50 feet wide to lay, construct, maintain, , . _ alter, inspect, repair, replace, change the size of, _ _ , I -' operate, and remove a pipeline together with the right of inyr'ss and egress as granted to Panhandle Eastern Pipe Line Company by instrument recorded October 26, 1973 in Book 702 as Reception No. 1623685, weld County __ ci�kt= Records. (Affects 171/2 SW1/4 Sec- 28, E1/2 SW1/4 and 5E1/4 Sec. 21. and SE1/4 Sec. 29) 18. Easement 50 feet wide to lay, construct, maintain, ;_, - - _ alter, inspect, repair, replace, change the size of, =: - operate, and remove a pipeline, together with the right ,nin of ingress and egress as granted to Panhandle Eastern Pipe Line Company by instrument recorded December 11, ... 9A 1973 in Book 704 as Reception No. 1626330, Weld County Records. (Affects 551/4 Sec. 21 and NEl/v Sec. 28) — _: �.?g::,III 19. Easement 25 feet wide to lay, consruct, maintain, alter, ;;_ inspect, repair, replace, change the size of, operate —'_ ,.�y and remove a pipeline together with the right of ingress �.y_ . and egress as granted to Industrial Gas Services, Inc_. IM by instrument recorded January 7, 1974 in Book 706 as Reception No. 1627802, Weld County Records. . -' : §•' (Affects SW1/4 Sec. 28) Vim'•. 20. Terms, agreements, provisions, conditions and obligations, as contained in Surface Owner's Agreement between Yoxall .- 'ij-`'_ - Farms, Inc. , and Champlin Petroleum Company, recorded .— _ January 30, 1974 in Book 707 as Reception No. 1629301, r: Weld County Records. -�� (Affects SE1/4 of Sec-29) - sue • _ ..,".--7:;:z:. • ..R� 4' _5 'ma y =1 .,21 - •r ,.-.► ' -. y T_ F —: - 21. Un x+ .1- :Piths of the oil and gas deposits as evidenced by order. Judgment and decree entered in District Court ,• ,.H :r-..^r., —' in and for the City and County of Denver, State of • ••4 Colorado, Civil Action No. C-48694, Courtroom 11, by - Marjorie Lee Fisher, Harriet W. Lucke, Geraldine K. .u4. ,• _ Duffy, Patrick J. O'Connor, P.E. O'Connor, said instrument • . ' was recorded November 12, 1974 in Book 726 as Reception • - { _ No" 1648355, Weld County Records, and any and all assignments __ - thereof or interests therein. �•.` - (Affects Wl/2SW1/4 Sec" 28) _ 22. Easement and right of way to construct and maintain t under and across said ditch a four inch, galvanized . . - 1,•.. pipe conduit containing electric cables constituting ,,_^.i r..:Z-, the electrical power and distribution line purposes ••• ,..'MA-: granted to Union Rural Electric Association by Yoxall ,. Farms Ditch by instrument recorded April 24, 1978 in r . . :1,,s Book 829 as Reception No. 1751262, in which the specific location of the easement is not defined. - . - ♦ (Affects SE1/45W1/4 Sec. 28) 23. An unidivided 1/2 interest in and to all oil, gas and other minerals as conveyed to Joe Miller and Company, a Colorado corporation by Mineral Deed from Yoxall Farms, - --...-• ,* ^ Inc. , a Colorado corporation recorded February 22, 1979 •in Book 660 as Reception No. 1782499, and any and all ass_gnmento hereof of interests therein. - I (Affects All Parcels) u 24. An undivided 1/12 interest in and to all oil, gas and . other minerals as conveyed to Frances R. Marsh by Mineral _ - '.: Deed from Yoxall Farms, Inc. , a Colorado corporation recorded February 22, 1979 in Book 861 as Reception No. ___ - ,. j _ — ---- 1782500, and any and all assignments thereof or interests therein. -'---'— (Affects All Parcels) -.rw a• 25- An undivided 1/6 interest in and to all oil, gas and - . other minerals as conveyed to M.H. Marsh by Mineral — - Deed from Yoxall Farms, Inc. , a Colorado corporation " z recorded February 22, 1979 in Book. 861 as Reception No, FL;s3 1782501, and any and all assignments thereof or interests '—' '.^tfi"'. therein. (Affects All Parcels) -' -'- 26. An undivided 1/6 interest in and to all oil, gas and - d II other minerals as conveyed to Louis C. Marsh by Mineral - Deed from Yoxall Farms, Inc a Colorado corporation recorded February 22, 1979 in Book 861 as Reception No"w 1,o< [, and any and all assignments thereof or interests • '''e '''..-":". .".:;:t; . ref- ,_e therein. (Affects All Parcels) 27. An undivided 1/12 interest in and to all oil, gas and -- _ _ other minerals as conveyed to Libby Marsh by Mineral Deed from Yoxall Farms, Inc. , a Colorado corporation recorded February 22, 1979 in Book 861 as Reception No. 1782503, and any and all assignments thereof or interests.. ' *herein. (Affects All Parcels) - -- 28- Recreational lease, if any, with American Sportsman __ _ --- -- — - - Club, lessee. 29. Unrecorded oral farming lease with Dave Howard, lessee. ,..a!_`-_ -4- o: Ii ' , - . -.. -- r F :�i0y,¢.1 30. Unr cc.lcd agreement with Adolph Coors Company for •--7-rµ purchase and sale of Malting Barley. 31. Taxes and assessments for 1983 and all subsequent years. -Y— a I - .2. A Use application relating to the two shares of FRICO _- _. ,.y.._. (Standley Division) is pending before the District Court, Water Division No. 1, State of Colorado, Case 4 No. 82CW056. - - . =4; •:->. x• p 33. A Use application relating to the three shares of New & .f-Th1:Y Brantner Ditch Company ?'' is pending before the District - ... Court, Water Division No. 1, State of Colorado, Case NO. 79014236. -4 - -- • • _ • -..;, •:''.7.k.: yl .'f G: . ,M1•• f tS.-(: .:.:. 1Y' 1t....,,,..2; ' ' ',, . .::_'' _ : p.. 1..y Vw _ :_, . .. . i .. . ,..: •:.•47;,•t'.-:;.-:.t. : hY I -5- t ri '.i 13111111N III Nil 111111111111 III IIIII IIII IIII 2949232 05106/2002 04:42P JA Sind Tsukamata 232 1 of 2 R 10.00 0 0.00 Weld County CO • QUIT CLAIM DEED THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s)or entity(ies)named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTORS: David E. Howard and Carol C. Howard GRANTEE: David E. Howard and Carol C. Howard, as tenants in common each with an undivided one-half interest FORM OF CO-OWNERSHIP: n/a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A Signed on J e 628> ,2002. L o (/ �J eGt a David E.Howard,Grantor Carol C.Howard,Grantor • STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 28th day of February , •; x2& ,, ,David E. Howard. ..... ;IA o T .1 H SViF .IESS my hand and official seal. N. A t L[4 commission expires: L1/24/2U05 / v91-1:cJ Notary Public STATE OF COLORADO ) ss. COUNTY OF WELD ) ................jhe foregoing instrument was acknowledged before me this 28th day of February $\'211btal Sarol C. Howard. ::‘.1 .N 0 T 11.4.gillIESS my hand and official seal. [vo?gun-mission expires: 11/24/05 /QJ Notary Public • MtUl 179O<JO 1001 pcd00I.'.-.'li SKLD LG 172 . 20 . 16 .20 WE 2949232-2002. 001 111111111111111011 I I 111111111111111111 I I 111111 2949232 05/06/2002 04:421' JA Suki Tsukamoto • 2 of 2 R 10.00 0 0.00 Weld County CO EXHIBIT A PARCEL I: All of Section 26, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the North one-half of the Southwest one-fourth(N1/2 S W 1/4)of said Section 26,County of Weld, State of Colorado PARCEL 2: All of Section 28, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest ofthe Southeast one-fourth(SE 1/4),and an undivided five-twelfths interest of the North one- half(N1/2), and the Southwest one-fourth(5W114) of said Section 28, County of Weld, State of Colorado, except parcels conveyed to Vessels Oil and Gas Company, a Colorado corporation PARCEL 3: All of Section 32, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Northeast one-fourth(NE 1/4) and the South 100 acres of the Northwest one-fourth (S100 of NW 1/4) of said Section 32, County of Weld, State of Colorado PARCEL 4: All of Section 29, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth(SE 114) of said Section 29, County of Weld, State of Colorado • PARCEL 5: MI of Section 21, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to, an undivided five-twelfths interest of the East one-half of the Southwest one-fourth (E1/2 of SW 1/4) and the Southeast one- fourth(SEI/4) of said Section 21, County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No. 1469-28-4 (RE-3066) which was recorded at Reception No. 895875 on October 30, 2001, Weld County Clerk and Recorder's office, being a part of the Southeast one-fourth (SE1/4) of Section 28, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado Together with all water rights, ditch rights and reservoir rights appurtenant to or used in connection with the above-described property, including, but not limited to, The Big Dry Creek Ditch and Reservoir Company (Certificate No. 116 for 5/12 of 1 share), The German Ditch and Reservoir Company (Certificate No. 136 for 15 shares), The Farmers Reservoir and Irrigation Company (Certificate No. 6077 for 2 shares), The Farmers Reservoir and Irrigation Company(Certificate No. 5797 for 12 shares), Mountain View Water Users Association (Certificate No. 17), and Mountain View Water Users Association (Certificate No. 227) M'vnu 79'000110011cgaO • -SKLD LG 172. 20 . 16. 20 WE 2949232-2002 . 002 I111111 I I I I 11111111 I I 111111111111111111 I I 1111111 I I I I I I I 2956629 06/30/2002 04:34P Weld County CO 1 of 2 R 10.00 0 0.00 J.A."Suki"Tsukamoto • 6j QUIT CLAIM DEED THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s)or entity(ies)named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTORS: David E. Howard and Carol C. Howard. as tenants in common each with an undivided one-half interest - GRANTEE: D&C Farms,LLLP,a Colorado limited partnership FORM OF CO-OWNERSHIP: n/a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A Signed on Ly- / 2002. G. urzetc-) 2'ld-e(L +-c cref Lee David E. Howard,Grantor Carol C.Howard,Grantor • STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before methis let day of March 2002,by David E.Howard. \` y l'AYTENESS my hand and official seal. . d 0 I 4l 4ttopimission expires: 11/24/05 w C ,o Notary Public STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this !cc day of Ma rrh 2002,by Carol C.Howard. WITNESS my hand and official seal. q • 4..?9,mmission expires: 11/24/05 \ . . . (-5-gRDQ �g o T ,1 . llh!/J /fit t J Notary Public e o M LH 111a`1a01 AlAWI10 Ad, SKLD LG 172 . 20 . 16 . 23 WE 2956629-2002 . 001 4. 1111111 111111111 I I 11111111111111111111!113 • 2956629 05/30/2002 04:34? Weld County CO 2 of 2 Ii 10.00 D 0.00 J.A. "Suki" Tsukamoto EXHIBIT A PARCEL 1: All of Section 26, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the North one-half of the Southwest one-fourth(NI/2 S W 1/4)of said Section 26,County of Weld, State of Colorado PARCEL 2: All of Section 28, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Southeast one-fourth(SE 1/4),/4),and an undivided five-twelfths interest of the North one- half(N1/2), and the Southwest one-fourth (SW 1/4) of said Section 28, County of Weld, State of Colorado, except parcels conveyed to Vessels Oil and Gas Company, a Colorado corporation PARCEL 3: All of Section 32, Township I North, Range 67 West of the 6th P M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Northeast one-fourth (NE 1/4)and the South 100 acres of the Northwest one-fourth (S 100 of NW l/4) of said Section 32, County of Weld, State of Colorado PARCEL 4: All of Section 29, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth(SEl/4)of said Section 29, County of Weld, State of Colorado • PARCEL 5: All of Section 21, Township 1 North, Range 67 West of the 6th P,M., County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the East one-half of the Southwest one-fourth (E I/2 of SW 1/4)/4) and the Southeast one- fourth(SE1/4) of said Section 21, County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No. 1469-28-4 (RE-3066) which was recorded at Reception No. 895875 on October 30,2001,Weld County Clerk and Recorder's office, being a part of tite Southeast one-fourth (SEl/4) of Section 28, Township I North, Range 67 West of the 6th P M., County of Weld, State of Colorado Together with all water rights, ditch rights and reservoir rights appurtenant to or used in connection with the above-described property, including, but not limited to, The Big Dry Creek Ditch and Reservoir Company (Certificate No. 116 for 5/12 of I share), The German Ditch and Reservoir Company (Certificate No. 136 for 15 shares), The Farmers Reservoir and Irrigation Company (Certificate No. 6077 for 2 shares), The Farmers Reservoir and Irrigation Company(Certificate No. 5797 for 12 shares), Mountain View Water Users Association (Certificate No. 17), and Mountain View Water Users Association (Certificate No. 227) M\HI I?9'000IV10ncga12 • .SKLD LG 172 . 20 . 16 . 23 WE 2956629-2002 . 002 OA CORRECTION • QUIT CLAIM DEED ✓ THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTORS: David E.Howard and Carol C.Howard,as tenants in common each with an undivided one- half interest GRANTEE: D&C Farms,LLLP,a Colorado limited liability limited partnership - 6709 WCR 4,Brighton, Colorado 80601 FORM OF CO-OWNERSHIP: n/a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A This Correction Quit Claim Deed is made to correct the Quit Claim Deed dated March 1, 2002 and recorded on May 30,2002 at Reception No.2956630 of the Weld County records,as the Grantors did not intend to transfer the water rights described in the previously recorded Quit Claim Deed to D&C Farms, LLLP,the Grantee. Signed on 14��77/7.2 2002. �> is ,, E ilia aca or vi David E. Howard,Grantor Carol C. Howard,Grantor STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me thiy7-2„id?. ay of / , 2002, by David E. Howard and Carol C. Howard. WITNESS my hand and offrc r- !!!p y It My commission expires. S is .- :z 2ryryQp % 6D r0 As t 0 �antee,the undersigned "'. 1 accepts this Correction Quit Claim Deed this .,7-2% 11 CCCC gn ag .•..,�. P day of • ,2002 and makes no claim to the water stock or any other water rights described in the previo y recorded Quit Claim Deed which was recorded at Reception No-2956630 of the Weld County records, Colorado. D&C FARMS,LLLP,a Colorado limited liability limited partnership / / G/'/J By: • �4 /� '. r_ By: (� oe!/26t� el f/Lu l David E. Howard,General Partner Carol .Howard,General Partner Subscribed and sworn to before me this ' day of 2002 by David E.Howard and Carol C. Howard, General Partners_+':?:"t, ms, LLLP, Colorado limited liability limited partnership. _.•0l1l b ..yo 11/ • Witness my hand and official ; 0• sod y o• •r // My commission expires:S-.`•� A...e63,1,--•, " 14 `-.ta Pub'c 1 Mill Ell 1111111IIIII IIIII IIIII IIIII III 11111 IIII 1111 SKLD LG 172 . 20 . 16. 23 WE 2976534-2002 . 001 1 al 2 H 10.00 0 0.00 LA."Saki"Tsukamoto 111111)11111111111$11)11 11111 III1111111 III IIIii 11111111 2976534 08/08/2002 04:061' Weld County.CO 2 of 2 11 10.00 0 0.00 J.A."Suki"Tsukamoto • Dan IT A PARCEL l: MI of Section 26, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including,but not limited to,an undivided one-half interest of the North one-half of the Southwest one-fourth(N1/2 SW1/4)of said Section 26,County of Weld,State of Colorado PARCEL 2: MI of Section 28, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to, an undivided one-half interest of the Southeast one-fourth(SE 1/4),and an undivided five-twelfths interest ofrhe North one- half(N1/2),and the Southwest one-fourth(SW 114)of said Section 28, County of Weld, State of Colorado,except parcels conveyed to Vessels Oil and Gas Company,a Colorado corporation PARCEL 3: All of Section 32, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including,but not limited to,an undivided one-half interest of the Northeast one-fourth(NE 1/4)and the South 100 acres of the Northwest one-fourth (5 100 of NW I/4)of said Section 32,County of Weld,State of Colorado PARCEL 4: All of Section 29, Township I North, Range 67 West of the 6th P.M., County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth(SE1/4)of said Section 29,County of Weld,State of Colorado PARCEL 5: All of Section 21, Township 1 North, Range 67 West of the 6th P.M., County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the East one-half of the Southwest one-fourth(E I/2 of S W I/4)and the Southeast one- fourth(SE1/4)of said Section 21,County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No. 1469-28-4 (RE-3066) which was recorded at • Reception No.895875 on October 30,2001,Weld County Clerk and Recorder's office,being a part of the Southeast one-fourth(SEt/4)of Section 28, Township I North, Range 67 West of the 6th P.M.,County of Weld, State of Colorado .l1 H1 179. 0 I'M I legal]1 mewl, • SKLD LG 172 . 20 - 16 . 23 WE 2976534-2002 . 002 • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this /Y!day of July, 2009 (the "Effective Date"), by D. GARY HOWARD & DONNA HOWARD, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a"Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north, the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. Weld County informed the District that the property owners within the Service • Area, and not the District, must be the applicant that requests the formation of the RUA (the "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as the D. GARY HOWARD PROPERTY, and is located at 8739 Weld County Road 4, Brighton, CO 80601, which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to Complete and process the RUA Application, (b) submit to Weld County the RUA Application, and (3) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the • RUA Application. 900501.1 JTJOHN 07/8/09 9 13 AM • 3. The Owner will (a) review the RUA Application in the course of its preparation, (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. • 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 IIJOFCJ 0718/09 9'.13 AM 2 • OWNER OWNER a 4ThArC -Dom Nam a I- MOUJa.rcL Nam Do-mu- Asufraitot Date 7//4/I O Date 7/15/0 9 TODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R. a rl Jr., President /Z/cy Date ATTEST: Roger G. Bollard, Secretary • 900541.1 JTJOFLN 07/8/09 993 AM 3 • Exhibit A A parcel of land located within Section 28, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 900541.1 3MOHN 07/8/09 9.13 AM 4 512 I111111IIIII Iilll 11IIItI Ilfll III 1111111 III 1111 IIII IIII 3259512 03117/2005 04:01P Weld County, CO 1 of 2 R 11.00 0 0,00 Steve Moreno Clerk&Recorder Quit Claim Deed • THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor: (Give names)and place(s)of residence,If the spouse of the°Amer-grantor isjoining in this Deed to release homestead rights, identify grantors as husband and wife I David E.Howard and Carol C.Howard,as to all interest including any interest in a life estate, and D.Gary Howard aka Donald Gary Howard,John Edward Howard aka John E.Howard and Marla Sue Howard,as to all interest including any remainder interest. Grantee: (Give name(s)and address(es),statement of address,including available road or street number,is required) D.Gary Howard and Donna Howard 8739 Weld County Road 4,Brighton,CO 80601 Form Of CO-Ownership; or there are two or more grantees named,they will be considered to take as tenants in common unless the works"in joint tenancy"or words of the same meaning are added in the space below) In joint tenancy Property Description: (Include county and state) Subdivision Exemption number 884,as indicated on the recorded exemption number 1469-28-4(RE-3066)containing 2,18 acres which was recorded at reception number 895875 on October 30,2001,Weld County Clerk and Recorder's Office,being a part of the Southeast one forth(SE/)of Section 28,Township 1 North,Range 67 West of the 6t PM,County of Weld,State of Colorado. This Deed given to convey and terminate all interest of David E.Howard and Carol C. Howard including any interest in a life estate in the subject property,and to convey any and all interest of Donald Gary Howard,a/k/a D.Gary Howard,John Edward Howard, • a/k/a John E.Howard,and Marla Sue Howard in the subject property including any remainder interest(as created in Deed recorded January 23, 1973 under Reception No. 1605931,Weld County records, Property Address: 8739 Weld County Road 4,Brighton,CO 80601 Reservations-Restrictions: Of the GRANTOR intends to reserve any interest in the property or to covey less than he owns,or if the GRANTOR is restricting the GRANTEES rights in the property,make appropriate indication) Executed by the Grantor on reb. a- ,2005 Signature Clause Cl for Individual(s): 2...-jg C DC l- i 'Lt0 David E.Howard,Grantor Donald Gary Rowan/ D.Gary Howard 444 ✓ `/ n Carol C.Howard,Grantor n Edward Howard aka John E.Howard Marla Sue Howard by David E.Howard as attorney i fact a.�t cy✓fedabNia, tr-enet, d • SKLD LG SKL10231 WE 3269512-2005 - 001 1469 . 21 — 4 -. o.)_17 'I • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this day of July, 2009 (the "Effective Date"), by JOHN E. HOWARD & DIANA G. HOWARD, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a"Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north,the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. Weld County informed the District that the property owners within the Service Area, and not the District, must be the applicant that requests the formation of the RUA (the • "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as the JOHN HOWARD PROPERTY, and is located at 8709 Weld County Road 6, Brighton, CO 80601, which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to Complete and process the RUA Application, (b) submit to Weld County the RUA Application, and (3) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. • 900541.1 MOON 07/8109 9 14 AM 3. The Owner will (a) review the RUA Application in the course of its preparation, • (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. • 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 1T10HN 07/8/09 9.14 AM 2 • OWNER OWNER f , e, = E4 t-14— A e Name --, Name 7 r7,9/7. Date Date i' TODD CREEK VILLAGE METROPOLITAN DISTRICT By: eorge R. H n1 ., President Date ATTEST: • Roger G. Ho11 Secretary • 900541.1 II]OHN 07/8/09 9:14 AM 3 • Exhibit A A parcel of land located within Section 28, Township I North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 9005411 JTJOHN 07/8/09 9'.14 AM 4 • 1111111 IIIII IIIII IIIIII1 IIIII III 1111111 III IIIII Ilil IIII 513 326 C0 095 Z3 R011.00 D D 0.00:0i eveWMod no Clerk 6 Recorder Quit Claim Deed • THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor: (Give name(s)and placers)of residence,If the spouse of the owner-grantor is joining in this Deed to seleace lmmeslead rights, identify grantors es husband and wife) David E.Howard and Carol C.Howard,as to all interest including any interest in a life estate, and D.Gary Howard aka Donald Gary Howard,John Edward Howard aka John E.Howard and Marla Sue Howard,as to all interest including any remainder interest. Grantee: (Give names)and address(es),statement of address,including available road or street number,is required) John E.Howard and Diana G.Howard 8709 W.C.R.4,Brighton,Colorado 80601 Form Of CO-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the works in joint tenancy"or words of the same meaning are added in the space below) In joint tenancy Property Description: (Include county and state) Lot A of Recorded Exemption No. 1469-28-4(RE-3066)containing 4.48 acres of that recorded exemption which was recorded at Reception No.895875 on October 30,2001, Weld County Clerk and Recorders Office,being a part of the southeast'A(SE1/4)of Section 28,Township I North,Range 67,West of the 6th P.M.,County of Weld,State of Colorado. This Deed given to convey and terminate all interest of David E.Howard and Carol C. Howard including any interest in a life estate in the subject property,and to convey any and all interest of Donald Gary Howard,a/k/a D.Gary Howard,John Edward Howard, a/k/a John E.Howard,and Marla Sue Howard in the subject property including any • remainder interest(as created in Deed recorded January 23, 1973 under Reception No. 1605931,Weld County records. Property Address: 8709 Weld County Road 4,Brighton,CO 80601 Reservations-Restrictions: ((rthe GRANTOR intends to reserve any interest in the property or to covey less than he owns,or if the GRANTOR is resaicting the GRANTEES rights in the property,mate apluopnak indication) Executed by the Grantor on /%C/7, /,�' ,2005 Signature Clause for Individual(s): ,X9 rtt tea' F . ,,,a4 -Dentn14�itG David E.Howard,Grantor Donald Gary Howar a D.Gary Howard QQitaP(t ! o-ll:- .� ecVVVVVVJ?�r�-ti✓ZLJ 7�LfLK Carol C.Howard,Grantor ohn Edward Howard,a/k/a John E.Howard Marla Sue Howard by David E.Howard as attorney in fact O ✓J ssr;tcQ �cu-o c-..,Pf A n/ tr.n-,- • SKLD LG SKL10231 WE 3269513-2005 . 001 21(1- le-)9 -CZ' • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this `27 day of July, 2009 (the "Effective Date"), by CAROL C. HOWARD AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID E. HOWARD, DONALD GARY HOWARD, MARLA SUE HOWARD, CAROL C. HOWARD, JOHN EDWARD HOWARD, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a"Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north, the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; • C. Weld County informed the District that the property owners within the Service Area, and not the District, must be the applicant that requests the formation of the RUA (the "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as D & C FARMS LLLP, and is located at 8763 Weld County Road 6, Brighton, CO 80601, which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to Complete and process the RUA Application, (b) submit • to Weld County the RUA Application, and (3) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 900541.1 IIIOFW 07/10/09 832 AM • 3. The Owner will (a) review the RUA Application in the course of its preparation, (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. • 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 ITJOHN 07/10/09 892 AM 2 • OWNER OWNER ate C o-t c e� / a leinar9/ i Name NaRe o7_ / - - 0 7 Von aid 9,cH ocvar Date Date '"f//4///o OWNER OWNER C &L d <2ro , C . t/aunlrrf Name Name o7- / 7 - o7 Date Date R OWNER p n n [ I/ • 716 4v, tri,cvc,rl ha-CU arc, Name Name 1 1Z Oct Date Date OWNER OWNER 1(64{ le 44.(va4 ff,prgc. - coo HOW° id Name Name Date Date • 900541.1 7I]OHN 07/10/09 8:32 AM 3 • TODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R. an Jr , President 7A--Vs Date ATTEST: E 4 Roger G. Hollard, Secretary • • 900541.1 1TIOHN 07/10/09 8'.32 AM 4 • Exhibit A A parcel of land located within Section 28, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • 900541.1 PDOHN 09/10/09802 AM 5 • . .. r..r 7 _ A_.. — _ 4?LY LJ4Ue WARRANTY DEED _ _ y _ S'cte t< ory F• ' Data N 4 19693 ._o UE[Ii, mare this 28th day of I)ec nn: ,e r .9',2, ., tween iI of :iortey 1-inn, Colorado, a Municipal r,prat ion s w '` of r` _ Count/ of Ali hnl .;tat : of Colorado, of tee first 'u 1 ;part, and Caro. -. ciJari and tiavid E. qr.dord, Js tfnants in �a - - a rtamnn as to an and n,deri ', e12 inv rns t, and : :sn t. 'lea ir] S µ - M and Diana C. fnwer'I, a^ t rant. comiri, a . to an ,nr.i':irl•_d 2/12 intere'a, and • ;,ir/ Hovard an undivided I ".I =ill of the Count/ of a-:id and State of - nlnrads:, -e second part: vFiJ F JLTN•..,. PTP, a „ht': part/ of the first ,tart, for _:... nd Ir: consideration of Ten Dollars and other valuarle consideration - to the ;aid party o, the first par_ in hand said oy said a • ,•-0r'in5 of the second part, ton r•'C'h it wh'<r•eml i.. r^.r 1 ,' t confessed and ar,no•_lnd•i•d, as 'honied, oarlatned, sold rod - conveyed, and by those nres'rnts doe': grant. sell , cony`/ and confirm, unto taie said parl n of tite second L' part, their heirs and s;tyn,; forever, all the `al . aw.nl d- c real and peroinai property hereinafter c -ferr;d to co! lectiv•ely as the Premise siraeted in tit County "af .� . .: nelrf, State of Colorado, The 1/2 AND the i,: 1/4 of Section 28; and `? Jac Tio- '; 1/2 of the tin 1/4 !..':D the SF, 1/4 of Sectior, 2L; ► • _ and the SE 1/4 of Section 29; a All in Township North, Pangt 67 West of the 6th P.v. - ° + EZCHPT that re-tatn parcel of land located in tho W ' i4 of Section 2a, 'fo+n;ii i, 1 North, Range 67 t. of tnc Sixth Principal Meridian, county of Weld. State of Colorado, heing more particularly descrtned as follows: _ :dommc nciny at the -,ouch an. ;. corner of said Section '2; thence N00'16'03.4 I Snnd.•rir n.-.,ring h a COCO. radO State Plane System, North Zone) along the West line of said Section 2a, a distance of )0.00 rt thence 5;9'47' ; r"E - •___ along the Northerly Right-of-wu/ line of Count/ Road ;4 and parallel with the ;ouch line of said .Section 29, a distance of 30.00 feet to toe Point of 0•-;tnnin.l; thence '100'16'07"n along r1.. Easterly Right oC wai line of ':•sunty Road # I7 and parallel -tth the efest line of said o _ r w } S y t, • aection 28, a distance of 50_00 feet; thence 539°47'53"E • rr 1, along a line parallel with the South line of said Section 28, a distance of 50.00 feet; thence 500"16'03"E along a line parallel with the West line of said Section 28, _ a distance of 50.00 feet to a point on the Northerly Right of way line of County Road 44, said point also being 30.00 feet north of the South Line of said Section 2a thence Nd9°47'53",'W _ Long the Northerly Right-of-way _ Q line of said County Road ;4 and parallel with the Scuts _ line of said Section 28, a distance of 50.00 feet to ^.c the Point of Beginning; containing 2499.92 s.;uace feet, ;r 0.057 acres, more or lose. • Pi- ' - a1;o mown as "'±oxall Fanny" conta:nin-7 approximately 880 • ... acres, .More or with all the rights-of-way rnl easements appurtenant is __. ...':re to, a1 :. improvements therm on and all fixtures of a 9r} if any, •r their scoot condition, inc Lx7Lng, - +'` -er,.anent nature, y. mot not limited to: five (5) douses and one rll mill mudding, and all . . _ . . right, title and interest to all water rights and well rights oarb:nant to the Prnr, i ...v, including, but not ) unite1 :o; -..__ ..... '•;1'_!...•..' . r.. a) The "7oxall ,bitch' .es' ;,) I share of Big Dr/ !"reek Ditch and Hr-se raorr ";ortipany ,) 2 shares of FB.ICO (Srandley Division) d) Well Permit No. 14279 and tn.; rights to u.:e the ground water and well r'ey i +'raturn to connection therewith, together with any and all_ welt egui ament and ftxture,. - el Membership rights in t^e Mountain View water users 4?. Association - In addition the City of Nor trglenn hereby grant; to \' e - Purchasers the use of water and water rights under the City's 3 share; of •ew lrantner Ditcn r-. zany on this property , for a5 long a, the City owns said shares, provided the City is not then 'icing or anticipating using the same for the ..''. OMMOMAIME Farr) evchange or augmentation purposes. In the r (t the _— - City of .vorthy Lenn desires to sell its shares of New Iran ter:c -.. Ditch Company, the Purchasers shall have the '.first right gal ref 115,31, • Xi • 1'. roe+? p _ .H AND TO HOLD the said premises above bargained :s.-c-J1T, and described with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And 1.5 the said party of the first part, for itself, its heirs, ux_cutors, and administrators, does covenant, grant, bargain, kt: and agree to and with the said parties of the second part , 'T � _' • heir heirs and assigns, that at the time of the enseal tnj O; L --- — and delivery of these presents, tt is well seized '11 the premises above conveyed, in law and equity, and has good right; full power anti authority to grant-, bargain, melt and s �a convey the same in .Tanner and form as aforesaid, and trpit the same are fre•. and Clear from all torn r and ')11 )rants, 5 bargains, sa ins, liens, tams, assessment•, and enchcb-once; • of whnts.,e/er nature. FLr;:,r. A. The City of Wo- _hgle nn reserves ante itself and excludes from this Sale and Dead the folioving: 4 j y - 1. I1 share( s) of Big Dry Creek Ditch aid y s. rve it • ':ompany: however, the City of ',orthglenn he ruby greets -: to the earth's of the second part the u. _ of these 31 -_ ;hares on the :,remises described herein only for u . • -'4 lon'r i • iiie City of Northglenn owns said shares, .wide• try. City of Northgle . • ,s .got Chen 1SLng or ant itlua'ing . using the same for _n_ d!,fCO exchanie or -.ugme ut :Cion _ s apurposes. In the evmnt, the City of Notthg1enn ••r -• to sell its shares of Big Dry -reek Ditch and , _. _r Join - ':omnany, the part tee o` l(! SC,COnd .art snail ::ife tI first right of refusal. , `f 2. S9. 6 of Fk1CO. 3. 3 snaren of New Drantner Ditch Company. _.i Tre r.xelasive easement for the disposal o - _ tr`:`r_` d ef'. lucnt from Seller's wastewater treatment • :slant located on the West r,rnmhalf of Section 36, Townsh:, I ..•pets., ..ang•- West 5th P .M. weld County, Colorado, by :. . . env •he land , con..`ye tl n•.'r^by/Cie a-,pticat ion thereof '• p¢' u, Y . �.-•--x d•. 'U, a _ F_ he irrigation of suitable crops. Il;---' S. That certain water tap fro mountain View -- Iat-r Users Association transferred to the Nortnylenn Fri Wastewater Treatment Plant on or about May, 1982. 5. Any and all easements and rights-of-way to - 5 accomplish the lior thy Tenn 1'RIC^, exchange program, or the Northglenn South Platte Rimer ,Plan for augmentation, or any substitute or successor programs or plans. H. See the Exceptions to Warranty Titl _ . _- forth in v r . . h, G:v E : oE thi Lit 9 attached hereto and incorporated herein. • '4S•' Saud party of the fist part does hereby convey the ahove ',ar-7aiied premises and the quiet and peaceable possession rr thereof to said ,,artier of the second ,,art-, tnetr heirs and assigns almost all and emery perscs ..r persph, .awfui :y _liin.ing or to claim the whole or an/ part thereof , the sato • 4 part/ , the first part shall and will WARRANT /AND rONF:v Er , DEFEND. IN WITNESS WHEREOF, the said party of t.r first part has hereunto set its hand and seal the day and year first --- '- • ... a Love written. THE CITY ON NORT-IGLENN, COLORADO • _ - . .` {• -- Donaii Pu cr / ,ar r ^ <tteete -d'/ :$:: 4."-4c1 J .) Afacer, t_/ f rk SCAT' OF COLORADO I S. COUNTY OF '-. The cpregoing inst fw ment aas acknowle_dyed b efore 'm, '"' this 11 day of /j tC!^_{i.,--/ 19f-4—by Donald E. furback, Mayor of t e City of Northglenn and Joan M. Raker, City Clerk of the City of Northyla.-,n. Witness n/ . - - hand and official seal. L. LC: 4y commission expires. /IuC / /`7/ • - Lk N tary Public j/ S.- q_ . I P Y .1 • EXCEPTIONS TO WARRANTY TITLE S„ 1. Rights of way for county roads 30 feet wide on either 1. side of Section and Township lines, as established by -=�(-'- order of the Board of County Commissioners for Weld --:--,-.=-7 : County, recorded October 14, 1889 in Book 86 at Page 273+ Weld County Records. a (Affects All Parcels) - - 2, The right of the proprietor of a vein or lode to extract and remove his ore+ should the same be found to penetrate or intersect said land as contained in the Patent to Robert J. Williams, recorded June 15, 1894 in Book 51• v at Page 258, Weld County Records.• • (Affects the SW1/4 of Section 28) sJ ' 3. The right of the proprietor of a vein or lode to extract - and remove his ore should the same be found to penetrate or intersect said land as contained in the Patent to Hans Mathison, recorded March 14, 1900 in Book 178 at Page 252, Weld County Records. (Affects the N1/2NW1/4 of Section 28) P, 4. A right of way for ditches or canals constructed by the `. _ authority of the United States as reserved in the Patent '. to Hans Mathisen, recorded March 14, 1900 in Book 178 at Page 252, Yield County Records. (Affects the N1/2NW1/4 of Section 28) 5. The right of the proprietor of a vein or lode to extract and remove his ore should the same be found to penetrate or intersect said land as contained in the Patent to Hans Mathisen, recorded March 14, 1900 in Book 178 at . .- -- ---^ Page 254, Weld County Records. (Affects the S1/25W1/4 of Section 28) 6. A right of way for ditches or canals constructed by the authority of the United States as reserved in the Patent — — - - to Hans Mathisen, recorded March 14, 1900 in Book 178 at Page 254, Weld County Records- d (Affects the 51/2SW1/4 of Section 28) y, 7. Reservations of all coal or other minerals within • ;.-e or underlying said lands; the exclusive right to prospect in and upon said land for coal and other minerals therein or which may be supposed to be therein, and to mine for --� and remove from said land all coal and other minerals P - which may be found thereon by anyone; the right of y.) ingress and egress and regress upon said land to prospect - OP' -- for, mine and remove any and all such coal or other minerals and right to use so much of said land as may be convenient or necessary for right of way to and from such prospect places or mines and for the convenient and proper operation of such prospect places, mines and 4.444145* for roads and approaches thereto or for removal therefrom of coal, mineral, machinery or other material; the right of said Union Pacific Railroad Company to maintain _ and operate its railroad in its present form of construction -§ and to make any change in the form of construction or method of operation of said railroad as reserved by Union Pacific Railroad Company in the Deed to Dwight S. r:. Thompson recorded October 19, 1903 in Book 208 at Page 217, Weld County records, and any and all assignments thereof or interests therein. - ., ___ (Affects the E1/25W1/4 of Section 21 ) ... — ` EXHIBIT B I iii •' - '•••••••'.:•,: ::r-. 2 -:.. .1. 7:e.7...-:•:;C:::8_ Thu right of the proprietor of a vern or lode to extract and remove his ore should the same be found to penetrate , or intersect said land, as contained in the Patent to _ George Beard, recorded June 23, 1906, in Book -131 at Page 165, Weld County Records- (Affects the NE1/4 of Section 28) r _ • 9. A right of way for ditches or canals constructed by the —• authority of the United States as reserved in the Patent to George Beard, recorded June 23, 1906 in Book 131 at Page 165, Weld County Records- (Affects the NE1/4 of Section 28) 10. Reservations of (1) all oil, coal and other minerals ' within or underlying a strip of land 200 feet wide on • each slide of the center line of the railroad of said • Union Pacific Railroad Company as said road is now _ constructed over and across said land: (2) the exclusive — -- -- right to prospect in and upon said land for oil, coal and other minerals therein, or which may be supposed to .. be therein, and to mine for and remove from said land, all oil, coal and other minerals which may be found thereon by any one: (3 ) the right of ingress, egress and egress upon said land to prospect for, mine and remove any and all such oil, coal or other minerals, and the : iejht to use so much of said land as may be convenient or necessary for the right-of-way to and from such prospect places or mines, and for the convenient ". and proper operation of such prospect places. mines. and for roads and approaches thereto or for removal _ • -' therefrom of oil, coal, mineral, machinery or other r • _ material as reserved by Union Pacific Railroad Company in the Deed to Ira W. Michael. recorded September 6, — — -- 1910, in Book 320 at Page 36, Weld County Records, and : any and all assignments thereof or interests therein. I '.' (Affects the 5E1/4 of Section 29) - - IX _ ` 1 A'.1 coal and other mineral al and the right to prospect -- for and mine the same upon condition that any ground to taken or damaged shall be paid for, as reserved by Robert J. Williams in the Deed to Hans Mathisen, recorded - i November 25, 1913, in Book 388 at Page 517, Weld County a Records, and any and all assignments thereof or interests therein.(Affects the the W1/2St:l/4 of Section 291 12. Right of way for a public highway over and across said _ v land as granted to Weld County, Colorado, by right of \. � way deed, recorded August 10, 1929 in Book 881 at Page 132, Weld County Records, said right of way being described as follows: _ A strip of ground 60 feet wide, it being 60 feet on - -, North side of the Boulder Valley Railroad in the SW1/4 Section 28, Township 1 North, Range 67 West of the 6th F-M- , Beginning at the West line of above described land and running in a southeasterly aireelon to the ' .i ... : .South line of above described land. '':;-: (Affects the W1/25W1/4 of Section 28) 13- A perpetual easement 37 1/2 feet wide on both sides of• - the indicated center line for the construction, operation - and maintenance of an electrical transmission line together __- with the right of ingress and egress as contained in instrument recorded January 26, 1950 in Book 1261 at Page 385, Weld County Records, said center line being . . described as follows: �� e,ausrass a -.-..4.c.iv.,..,.:__s. 1 ..:•..;••• •• •:,. ... "'-417,,- Bez_,:.._ng at a point on the West line of said NE'1/4 -�— OE Sec. 28, being 1380 feet, more or less, South of theIffn , _ North quarter-corner of said Sec. 28; thence South 89'08' East a distance of 827.5 feet; thence North 89'54' East a distance of 1815.9 feet to a point on the _ - - = East line of said NE1/4, being 1396 feet South of the - _ Northeast corner of said Sec. 28. (Affects the NE1/4 of Section 28) - 0-1 14 . All oil and gas leases and any other mineral leases, recorded or unrecorded. - �i. 15. Terms, agreements, provisions, conditions and obligations _- as contained in Surface Owner's agreement between Yozall .s.• ..:.! A' Farms, Inc. , and Union Pacific Railroad Company, recorded � February 8, 1971 in Book 640 under Reception No. 1561756, - i - - Weld County Records. - v ,_ (Affects Parcel 2) • 16. The Pathisen Reservoir is located in the NW1/4 of the • • NW1/4 of Section 28, and the Thompson Reservoir is located in the SE1/4 of Section 21 . 17 . Easement 50 feet wide to lay, construct, maintain, . , - alter, inspect, repair, replace, change the size of• operate, and remove a pipeline together with the right of ingress and egress as granted to Panhandle Eastern '. ', Pipe Line Company by instrument recorded October 26, 1973 in Book 702 as Reception No. 1623685, Weld County • Records. (Affects N1/2 SW1/4 Sec. 28, E1/2 SW1/4 and SE1/4 Sec. • - - 21, and SE1/4 Sec. 29) . - )8. Easement 50 feet wide to lay, construct, maintain, ---�. - - — alter, inspect, repair, replace, change the size of, --___^ operate, and remove a pipeline, together with the right • of ingress and egress as granted to Panhandle Eastern Pipe Line Company by instrument recorded December 11, 1973 in Book 704 as Reception llo. 1626330, Weld County I Records. (Affects SE1/4 Sec. 21 and NE1/a Sec. 28) 19. Easement 25 feet wide to lay, consruct, maintain, alter, ,'- inspect, repair, replace, change the size of, operate and remove a pipeline together with the right of ingress - and egress as granted to Industrial Gas Services: Inc. • by instrument recorded January 7, 1974 in Book 706 as a.. Reception No. 1627802• Weld County Records. 14 (Affects SW1/4 Sec. 28) 20. Terms, agreements, provisions, conditions and obligations, - - as contained in Surface Owner's Agreement between Yozall -Ly; - - Farms, Inc. , and Champlin Petroleum Company, recorded N - _ January 30, 1974 in Book 707 as Reception No. 1629301, .-- Weld County Records. _ (Affects SE1f4 of Sec.29) r f — . .. a , 7 y y i - -- -•`-r, .f- 21. Un..a+` 3/7ths of the oil and gas deposits as evide„ced .:f by Order, Judgment and decree entered in District Court �• in and for the City and County of Denver, State of <Sx' Colorado, Civil Action No. C-48694, Courtroom 11, by - Marjorie Lee Fisher, Harriet W. Lucke, Geraldine K. Duffy, Patrick J. O'Connor, P.E. O'Connor, said instrument - - was recorded November 12, 1974 in Book 726 as Reception '- No. 1648355, Weld County Records, and any and all assignments thereof or interests therein. (Affects W1/25W1/4 Sec- 28) _ 22- Easement and right of way to construct and maintain • under and across said ditch a four inch, galvanized pipe conduit containing electric cables constituting • ' ' the electrical power and distribution line purposes • granted to Union Rural Electric Association by Yoxall • Farms Ditch by instrument recorded April 24, 1978 in r,. - ➢ook 829 as Reception No. 1751262, in which the specific • .t,,�: location of the easement is not defined. . • - (Affects SE1/4SW1/4 Sec. 28) - 23- An unidivided 1/2 interest in and to all oil, gas and other minerals as conveyed to Joe Miller and Company, a ; Colorado corporation by Mineral Deed from Yoxall Farms, Inc. , a Colorado corporation recorded February 22, 1979 _. _ in Book 860 as Reception No. 1782499, and any and all ass gnnenta thereof of interests therein. (Affects All Parcels) _ --- 24. An undivided 1/12 interest in and to all oil, gas and other minerals as conveyed to Frances R. Karsh by Mineral • Deed from Yoxall Farms, Inc. , a Colorado corporation recorded February 22, 1979 in Book 861 as Reception No. --- -- ---- 1782500, and any and all assignments thereof or interests • therein. (Affects All Parcels) ® 25. An undivided 1/6 interest in and to all oil, gas and _ . other minerals as conveyed to M.H. Karsh by Mineral Deed from Yoxall Farms, Inc. , a Colorado corporation 't- recorded February 22, 1979 in Book 861 as Reception No. 'ti•srt 1782501, and any and all assignments thereof or interests '--- ++ therein. (Affects All Parcels) -' 26. An undivided 1/6 interest in and to all oil, gas and - M other minerals as conveyed to Louis C. Karsh by Mineral Deed from Yoxall Farms, Inc. , a Colorado corporation recorded February 22, 1979 in Book 861 as Reception No. i,o<>ut, and any and all assignments thereof or interests therein. (Affects All Parcels) 27. An undivided 1/12 interest in and to all oil, gas and other minerals as conveyed to Libby Karsh by Mineral r ", Deed from Yoxall Farms, Inc. , a Colorado corporation recorded February 22. 1979 in Book 861 as Reception No. o _ 1782503, and any and all assignments thereof or interests ` •herein. __'JAL--,t A (Affects All Parcels) -'- -— 28. Recreational lease, if any, with American Sportsman -- - -- — Club, lessee. - - - • 29. Unrecorded oral farming lease with Dave Howard, lessee. -4_• - --:�---s= _ --,;...— "-- -II-: - 30. Unr_c c:.led agreement with Adolph Coors Company for _- - — purchase and sale of Malting Barley. -m +_. 31. Taxes and assessments for 1983 and all subsequent years. '2. A Use application relating to the two shares of FRICO }, (Stmdley Division) is pending before the District Court, Water Division No. 1, State of Colorado, Case No. 82CW056. 33. A Use application relating to the three shares of New O ranLner Ditch Company is pending before the District - �,y Court, Water Division No. 1, State of Colorado, Case• NO. 79CW236. - , x T • . .. • I l_..- ti} a _ 1 y)'. 1 11111 11111 1111111 I I 11111 111111111111 I I 11111111E III' 2949232 05/06/2002 04:42P JA sued Tsulamata 232 1 of 2 R 10.00 0 0.00 Weld County CO • QUIT CLAIM DEED THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s)or entity(ies)named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTORS: David E. Howard and Carol C.Howard GRANTEE: David E. Howard and Carol C. Howard, as tenants in common each with an undivided one-half interest FORM OF CO-OWNERSHIP: n/a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A Signed on 6'6 .2K ,2002. /, eorvzrlrl (4.t a( ( 4 c Yc 6 David E.Howard,Grantor Carol C. Howard,Grantor • STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 28th day of February , 20Iyriq,David E. Howard. .`H 0 T .1 k 1WFD.NESS my hand and official seal. t ^.,A 0 d 1 "'My commission expires: 11/24/2005 Op X1•. 0 Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ) ................The foregoing instrument was acknowledged before me this 28th day of February \'\?2db /b •rarol C. Howard. i: N 0 T 4 N•P •1I%ESS my hand and official seal. e. 2N p[omission expires: 11/24/05 ... ��J \t�� J Notary Public • M%HI I]9'0(1\00 IOW001vM SKLD LG 172 . 20 . 16 .20 WE 2949232-2002 . 001 1111111111111111111111111111111111111111111111111111I11 2949232 05/06/2002 04:42P JA Sukl Tsukamoto 2 of 2 A 10.00 0 0.00 Weld County CO • EXHIBIT A PARCEL 1: All of Section 26, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Noah one-half of the Southwest one-fourth(N 1/2 S W 1/4)of said Section 26,County of Weld, State of Colorado PARCEL 2: All of Section 28, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Southeast one-fourth(SE 1/4),and an undivided five-twelfths interest of the North one- half(N1/2), and the Southwest one-fourth (SW 1/4) of said Section 28, County of Weld, State of Colorado, except parcels conveyed to Vessels Oil and Gas Company, a Colorado corporation PARCEL 3: All of Section 32, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Northeast one-fourth(NE1/4)and the South 100 acres of the Northwest one-fourth (S100 of NW 1/4) of said Section 32, County of Weld, State of Colorado PARCEL 4: All of Section 29, Township 1 North, Range 67 West of the 6th P.M., County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth(SEI/4)of said Section 29,County of Weld, State of Colorado • PARCEL 5: All of Section 21, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the East one-half of the Southwest one-fourth (E1/2 of S W 1/4) and the Southeast one- fourth(SE 1/4) of said Section 21, County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No. 1469-28-4 (RE-3066) which was recorded at Reception No. 895875 on October 30, 2001, Weld County Clerk and Recorder's office, being a part of tie Southeast one-fourth (SE 1/4) of Section 28, Township 1 North, Range 67 West of the 6th P M., County of Weld, State of Colorado Together with all water rights, ditch rights and reservoir rights appurtenant to or used in connection with the above-described property, including, but not limited to, The Big Dry Creek Ditch and Reservoir Company (Certificate No. 116 for 5/12 of 1 share), The German Ditch and Reservoir Company (Certificate No. 136 for 15 shares), The Farmers Reservoir and Irrigation Company (Certificate No. 6077 for 2 shares), The Farmers Reservoir and Irrigation Company(Certificate No. 5797 for 12 shares), Mountain View Water Users Association (Certificate No. 17), and Mountain View Water Users Association (Certificate No. 227) Ni\HII79`0001 W01Icg,I2 • -SKLD LG 172 . 20 . 16. 20 WE 2949232-2002 . 002 1111111111111111111 III 111111111111 II111 III 111111111 IHI 2956629 05/33/2002 04:34P Weld County CO 1 at 2 R 10.00 0 0.00 J.A. "Suki"Tsukamolo • 6% QUIT CLAIM DEED THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s)or entity(ies)named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTORS: David E. Howard and Carol C. Howard, as tenants in common each with an undivided one-half interest - GRANTEE: D&C Farms,LLLP,a Colorado limited partnership FORM OF CO-OWNERSHIP: n/a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A Signed on 7771,uk / ,2002. G os&1cLvd C zu-u'u' 24R f& /21-r u'a' tee David E. Howard,Grantor Carol C.Howard,Grantor • STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before Inc this 1st day of march 2002,by David E. Howard. \�' / kV NESS my hand and official seal. . d0 „I 4tujy`Coptmission expires: 11/24/05 w • hf. P� Notary Public JJ t $PATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before methis to day of M,,.,.h 2002,by Carol C.Howard. WITNESS my hand and official seal. ei If 9,'. UIR Pgmmission expires: 11/24/05 JT I * Notary Public n M'HI I Ia'(KIOI NIw➢IO wwl, • SKLD LG 172 . 20 . 16 . 23 WE 2956629-2002 . 001 AIM 11111 1111111 III 11111111111111111 III 11111 It fill • 2956629 05/30/2002 04:34P Weld County CO 2 of 2 R 10.00 D 0.00 J.A. "Suki"Tsukamoto EXHIBIT A PARCEL 1: All of Section 26, Township l North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the North one-half of the Southwest one-fourth(N 1/2 S W 1/4)of said Section 26,County of Weld, State of Colorado PARCEL 2: All of Section 28, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Southeast one-fourth(SE 1/4),and an undivided five-twelfths interest of the North one- half(Nl/2), and the Southwest one-fourth(SW1/4) of said Section 28, County of Weld, State of Colorado, except parcels conveyed to Vessels Oil and Gas Company, a Colorado corporation PARCEL 3: All of Section 32, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Northeast one-fourth(NE1/4)and the South 100 acres of the Northwest one-fourth (S 100 of NW 1/4) of said Section 32, County of Weld, State of Colorado PARCEL 4: All of Section 29, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth(SE1/4)of said Section 29, County of Weld, State of Colorado • PARCEL 5: All of Section 21, Township 1 North, Range 67 West of the 6th P,M., County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the East one-half of the Southwest one-fourth (EI/2 of SW1/4) and the Southeast one- fourth(SE I/4) of said Section 21, County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No. 1469-28-4 (RE-3066) which was recorded at Reception No. 895875 on October 30,2001,Weld County Clerk and Recorder's office, being a part of the Southeast one-fourth (SEI/4) of Section 28, Township I North, Range 67 West of the 6th P M., County of Weld, State of Colorado Together with all water rights, ditch rights and reservoir rights appurtenant to or used in connection with the above-described property, including, but not limited to, The Big Dry Creek Ditch and Reservoir Company (Certificate No. 116 for 5/12 of 1 share), The German Ditch and Reservoir Company (Certificate No. 136 for IS shares), The Farmers Reservoir and Irrigation Company (Certificate No. 6077 for 2 shares), The Farmers Reservoir and Irrigation Company(Certificate No. 5797 for 12 shares), Mountain View Water Users Association (Certificate No. 17), and Mountain View Water Users Association (Certificate No. 227) M 1F(1 179'0001Vpllcgal2 • _SKLD EC 172 .20 . 16 . 23 WE 2956629-2002 . 002 CORRECTION OA • QUIT CLAIM DEED v THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTORS: David E.Howard and Carol C.Howard,as tenants in common each with an undivided one- half interest GRANTEE: D&C Farms, LLLP,a Colorado limited liability limited partnership - 8709 WCR 4,Brighton,Colorado 80601 FORM OF CO-OWNERSHIP: n/a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A { This Correction Quit Claim Deed is made to correct the Quit Claim Deed dated March 1, 2002 and recorded on May 30,2002 at Reception No.2956630 of the Weld County records,as the Grantors did not intend to transfer the water rights described in the previously recorded Quit Claim Deed to D&C Farms, LLLP,the Grantee. Signed on 7:11',/2 2002. /Q /> /1 David E. Howard,Grantor Carol C. Howard, Grantor STATE OF COLORADO ) ) ss. COUNTY OF WELD ) -T/'/ The foregoing instrument was acknowledged before me thi -2"ay of !. , 2002, by David E. Howard and Carol C. Howard. WITNESS my hand and office -..�' Imlrt My commission expires: S Y, - l' i . •u l 111171;%1:•:,..: 11'3 As t antee,the undersigned:• c.. �.accepts this Correction Quit Claim Deed this ? r- day of , 2002 and makes no claim to the water stock or any other water rights described in the previo y recorded Quit Claim Deed which was recorded at Reception No. 2956630 of the Weld County records,Colorado. D&C FARMS, LLLP, a Colorado limited liability limited partnership BY -� �2�n.)' � �-a�r� By: v (_440! ALL -e David E. Howard,General Partner Carol .Howard,General Partner Subscribed and sworn to before me this ' day of_ rJ/'� , 2002 by David E.Howard and Carol C. Howard, General Partners_,11':7'1.17,tms, LLLP, Colorado limited liability limited partnership. ...a " tl� t !• • n ti9_t * t Witness my hand and official r,I m . > :o ; / m � /0" / My commission expires:S-.`•'.> 0A Rq 7-;...:'.a0 1/ s l/ —._ typo "''r.to Pub.c 11111111111113 111 f 111111111111111111 11111111111111 SKLD LG 172 . 20 . 16- 23 WE 2976534-2002 . 001 1 of 2 ft 10.00 0 0.00 LA. "Suki"Tsukamoto 111111111111 IIIIIII IIIII([Ii 11tH 11tl1 III 11111 IIII IIII 2976534 08/08/2002 04:06P Weld County.CO 2 of 2 R 10.00 0 0.00 J.A."Suki"Tsukamoto EXHIBIT A PARCEL L MI of Section 26, Township I North Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including,but not limited to, an undivided one-half interest of the North one-half of the Southwest one-fourth(N1/2 SW1/4)of said Section 26,County of Weld, State of Colorado PARCEL 2: All of Section 28, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors, including,but not limited to, an undivided one-half interest of the Southeast one-fourth(SE 1/4),/4),and an undivided five-twelfths interest of the North one- half(NI/2), and the Southwest one-fourth(SW I/4)of said Section 28, County of Weld,State of Colorado,except parcels conveyed to Vessels Oil and Gas Company,a Colorado corporation PARCEL 3: All of Section 32, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors,including,but not limited to,an undivided one-half interest of the Northeast one-fourth(NE I/4)and the South 100 acres of the Northwest one-fourth (S100 of NW I/4)of said Section 32,County of Weld,State of Colorado PARCEL 4: All of Section 29, Township I North, Range 67 West of the 6th P.M, County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth(SE1/4)of said Section 29,County of Weld,State of Colorado PARCEL 5 All of Section 21, Township I North, Range 67 West of the 6th P.M., County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the East one-half of the Southwest one-fourth(E1/2 of SW I/4)and the Southeast one- fourth(SE I/4)of said Section 21,County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No. 1469-28-4(RE-3066) which was recorded at Reception No.895875 on October 30,2001,Weld County Clerk and Recorder's office,being a part of the Southeast one-fourth(SE I/4)of Section 28,Township I North, Range 67 West of the 6th P.Ni.,County of Weld, State of Colorado Li 111 70'.000 I'Ullgall l wvh • SKLD LG 172 . 20 . 16 . 23 WE 2976534-2002 . 002 /10o9- ZI -a -©0- 0/'] • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this t7 t4-1-'day of July, 2009 (the "Effective Date"), by D & C FARMS LLLP, JOHN E. & DIANA G. HOWARD, D. GARY HOWARD, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a"Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north, the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of the Service Area as a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. Weld County informed the District that the property owners within the Service Area, and not the District, must be the applicant that requests the formation of the RUA (the • "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as D & C FARMS LLLP, and is located at 8763 Weld County Road 6, Brighton, CO 80601, which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to complete and process the RUA Application, (b) submit to Weld County the RUA Application, and (3) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the • RUA Application. 900541.1 HJOI N 07/8/09 9 26 AM • 3. The Owner will (a) review the RUA Application in the course of its preparation, (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. • 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 JIIOFLN 07/8/09 926 AM 2 • 00114,_ (Yrit,IfttIJ OWNER Name Name 7 1. o `'l `7- 1 `3 - a 7 Date Date O��GL `Ex(1-C()L— OWNER (0—(1) c (-) gOtvCitr-c-1. Name Name `7//a /O9 Date Date OWNER OWNER /61-tnr4\11 • N •e , / / Name q Ga ,44 ' -rCz Date 7//y/o Date / TODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R an J ., President 7 Z d Date ATTEST: rr C Roger G. Hollard, Secretary • 900541.1 TLIOHN 07/8/09 9 26 AM 3 • Exhibit A A parcel of land located within Section 21, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 900541.1 JTJOFN 07/8/099'16 AM 4 i d r ,Y Y :Y 5 4.t11Lique WARRANTY DEED { Strte Doi/ JAN 4 198G r Tlii:; DEED, made: this 23th clay of December, 1082, tetw. en ., .)1 he Tit/ of Northdfenn, Colorado, a Municipal Corporation, ¢ ; ii of t`r Count/ of Ad.pnz ,nl :;rate of Colorado, of tne firs? � � S ;:ar! , and Carol C. doddr1 and David E. 9oward, as _r-nants eo.nmnn a; r0 nn undivided ;%I7 interest, -:rnl Ie:nn S. 'IOwo rl v,. 44,• ant Diana C. Howara, 3; ! ,11at:; in common as to an Individcd 2/12 into rr- t, In . . ,nr/ Howard an undivided 1312 inter^ ,,., - - MI t �8 — all County of 'dell an_. State of Colorado, of _,._ g: scone! part: _ss' < •_i--_-1 r, ... .. ...,. , r, _i ,,.. �a1': part/ of the first part, for ' rv , ,ind in consideration of .on Dollars and other valaa` i - consideration -o the ;aid party of the firs[ or in hand :,aid fay said .. - .' 1 p.in ies of the node^d pa-r , i:nn receipt wh•e r.nf i -, h•r r,rt,y confessed and ac'r,no'sle-l.1ed, has )ranted, nargatned, sold -Intl r- conveyed, and by these presents doe :; -Jr-rnr , self, convey ,and confirm, unto t' -, ;aid pars 1.:-; of the hecond 40.11 part, their heirs and .Sit;ns forever, all or r'J1 tgw[r.) descrihta real .,r l l.._r :er n,Ii property hereinafter referred to • 7,- collectively as the "Pre'minon ttuated In tite Count/ of - .. Weld, State of Colorado, • Tne N 1 /2 AND the Sw 114 of Section 28; and The p; 1/2 of the SW 1/4 AND the SF. 1/4 of Section 2L; - and the SE 1/4 of Section 29; _t All in Township North, Range 67 West of the 6th i'._. _ - EXCEPT that rend in parcel 0f land located 1,. tne SW 174 of Section 2a, Township 1 North, Range 07 West of t-e Sixth Principal '".^cidiae, County of Weld, Sra[^ 0f Colorado, belay belay more ,particulerl'/ descrined i, folio.«s: Commencing at the Southdxit corner of sate! Section 2a; -� thence N00°16'03"J ( ..ender in hearing hdSed Colorado .. State Plane System, North Zone) along the West line of said Section 28, a distance 0f 30.00 thence 589'47' 53"E ♦___5 along the Northerly Right-of-wt / line ofCounty Road ;4 and parallel w1-, the South line of said Section 2i, a -s distance of ;0.00 feet to ins Point of Cs-Jinni-:J; tnencc '100°16'03"W along tne Easterly Right-of-way line of County )toad ;17 and parallel with the Went line of said s. Jection 28, a distance of 50.00 feet; thence 5a9"47'53"E along a line parallel with the South line of said Section 28, a distance of 50.00 feet; thence 500`16'03"E along a line parallel with the West line of said Section 2d , a distance of 50.00 feet to a point on the Northerly _ Right of-way line of- County Road 44, said point also being 30.00 feet north of the South line of said Section 2a; thence 'd9^47153'W :_ long the Northerly Right-of-way line of said County Road ;4 and parallel with the South line of said Section 23, a distance of 50.00 feet to •z y.'. -�r _ the Point of Beginning; containing 2499.92 square feet, or 0.057 acres, more or less. o also mown as " 'osail Farms" containind approximately 830 _ E •, r. ?ores, more or less, with all the rights-of-way and easements appurtenant .hereto, a1;. improvements then^on and all fixtures of a a.. ".r.ra.anent nature, if any, .r their present condition, including, to o.it not limited to: • five ( 51 douses and one ; 1 ) :tn Ll r,ui ld tnq, and all • right, title and interest to all eater rights and well rights out-tenant to thh , re,; se s, ino ..in !.n*. not lunit :ri to: . t al The -Taxall Ditch" kt L) 1 share of Dig Dry !-rr:ei. Pitch and kescrooir ":om:,eny cl 2 shares of F?ICO 1St andley Division) - ail Well Permit No. L4279 and t.i : rights to use the 7E ')round water and well registration in connection• ". therewith, together with any and all well eduipme nt and fixtures. ' - el Membership rights in the Mountain View water Users Association _ •: In addition the City of Northglenn hereby grant; to \" w -� ' Purchasers the use of water and water rights under the City':" 3 shares of New Gran tn':r Ditch C. . co:ny on this property only -^+ x, . for as long a- the City owns said shares, provided the City ts not then using or anticipating using the same for the l'IICO exchange or a a,ugme„t-t .n the _wile) the _— - City of Northglenn desires to sell its share; of New 3rantr.w_ Ditch Company, the Purchasers shall have the first right ol. • efucal, _— 1. 2 > ti +r s JF. AND TO HOLD the said premises above bargained aer''Lnr,[nx, and described with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And 'r- the said party of the first part, for itself, its heirs, - 1 executor.s, and administrators, does covenant, grant, bargain, and agree to and with the said parties of the second part, ^LR heir hors anti assigns, that at the rime of the ensealtng • - o_ .i. and del. ..very ry of these presents, it is well ., ... _ . of th-. y: premises above conveyed, tr. law and equity, and has good - right,- full power and authority Co grant, har-3ain, sell ands . convey the same in manner and form as afore sa:d, and tntt } [nc :ape are fre. and clear from all turner and oa ne- trdnt';, barjatns, sales, liens, tare , assessment', andencumbrance: of whatsoever nature /. e:'r, A. The City of :inr:hglean reserves unto itself and excludes from this Salo and Deed the folicwtng: 1. 3L sharefsl of frig Dry Creek. Ditch dnd eeservotr :e 'ompa rry; however, the City of for t1 , nn he re;.y grants to the parties of the second part the use of these : I 5'. shares on the premises described herein only for u . lone ts the City of Northglenn owns said shdrex, ,ror.•:C ' the ;,ity of •;O lees.. .x not then usIne or anticipating �. --•er using the r; ine for the `elSO exchange or 'a'in•'nt-,ti .`�.,. purposes. In the event, the City of gortgglenn denlreg to sell its shares of Dig Dry Creek. Ditch and ,...._rvotr Company, the parties of the second pact slaii nave tale - - - first right of refusal. 2. a9.E, ut iPli:C. -- - 3. , share .- of New Drantnrc 1:itch Company. - The exclusive easement for the disposal of ..- tr.,-,L• r. effluent from Seller's wastewater treatment �_— plant located Or. the West :.re-half of election 16, Townsh:. I .sort , !fonts h3 nest 6th , Weld County, Colorado, hy ' upon the land ; conveyed hereby/the application thereof • Z .P }. y s n.` F Mr • �- . he irrigation of sui'_ahlc crops. ..C..-= mot' S. That certain water tap from Mountain Vied b%ator Users Association transferred to the Northg lenn Wastewater Treatment Plant on or about May, 1982. d. 6. Any and all easements and rights-of-'day to -- accomplish the Nor thy Tenn PRICC: exchange program, or the !,or thglenn South Platte iii'Jer Plan for augmentation, CP- . .. or any ;ubct itutc or su .: ;or Programs or plans. a. h� . _ 8. See the C xcc pt ions to Warranty Ttrlr- fort.`i in F,t-nil it 9 attached hereto and incorporated herein. 'Said party of the `i,st part does :•r re by convey the move ba rjarnod premises and the quiet and peaceable thereof to said parties of tne second ;,art , t ei noire and .- • h'1';111 : adainnt all and r o. ..,on:. iaviui • cliipina or to dlaim the whole or :,n, part thereof , the sato party of the first part shall and sill %.AIRANT AND EORE;P:R -- + ,• y1 DEFEND. . L„, I7: WITNESS WHEREOF, the said ,,arty of the . .r,. part 'a' hereunto sot its hand and seal the day and year first • ... aEove written. THE CITY OF IJOPTtCLE.N, COLORADO c • _ v .as.- 't Upn ai.l ]u va Jet . . {tteetcr., 'riyi r ; l ..,-� 2aci �. Joa 1 saver, City C erk. . . +fir• a� r x,- a; STATE OF COLORADO 1 __ � >a.•i ) .,s. COUNTY OF i The C regoing inst meet was acknowledged before - — this day of , 19‘ by Donald D. Durback, Mayor of t City of Northglenn and Joan M. - Baker, City Clerk of the City of Northglenn_ Witness is - hand and ofticial seal. • k ;1. . <, My rommisston expires:/c / /4c77-, 1° v i v i' `i • - N tary Public `./ - _ '_r ` - • +i - i ' '._1 _ EXCEPTIONS TO WARRANTY TITLE _ 1. Rights of way for county roads 30 feet wide on either side of Section and Township lines, as established by :-.--t74-;s7.T.T.7 order of the Board of County Commissioners for Weld _ County, recorded October 14, 1889 in Book 86 at Page 273, Weld County Records. q Kd (Affects All Parcels) 2. The right of the proprietor of a vein or lode to extract and remove his ore, should the same be found to penetrate ... or intersect said land as contained in the Patent to Robert J. Williams, recorded June 15, 1894 in Book. 51 v _ '-y at Page 258, Weld County Records- -• (Affects the SWl/4 of Section 28) � 3. The right of the proprietor of a vein or lode to extract - ?: and remove his ore should the same be found to penetrate or intersect said land as contained in the Patent to Hans Mathison, recorded March 14, 1900 in Book 178 at + r; Page 252, Weld County Records. S _ (Affects the N1/2NW1 /4 of Section 28) u 4. A right of way for ditches or canals constructed by the - , authority of the United States as reserved in the Patent A<. to Hans Mathisen, recorded March 14, 1900 in Book 178 _ at Page 252, Weld County Records. (Affects the N1/2NW1/4 of Section 28) 5- The right of the proprietor of a vein or lode to extract _ and remove his ore should the same be found to penetrate • or intersect said land as contained in the Patent to Hans Mathison, recorded March 14, 1900 in Book d 178 at -- Page 254, Weld County Records. - (Affects the 51/2SW1/4 of Section 28) 6. A right of way for ditches or canals constructed by the .; authority of the United States ac reserved in the Patent "— to Hans Mathisen, recorded March 14, 1900 in Book 178 at Page 254, Weld County Records- . . (Affects the S1/2SW1/4 of Section 28) "- 7. Reservations of all coal or other minerals within or • underlying said lands; the exclusive right to prospect in and upon said land for coal and other minerals therein or which may be supposed to be therein, and to mine for • and remove from said land all coal and other minerals which may be found thereon by anyone; the right of _ _ ingress and egress and regress upon said land to prospect for, mine and remove any and all such coal or other .x minerals and right to use so much of said land as may be convenient or necessary for right of way to and from . ' such prospect places or mines and for the convenient OiOMMEMME _ and proper operation cf such prospect places, mines and -- S. for roads and approaches thereto or for removal therefrom of coal, mineral, machinery or other material; the right of said Union Pacific Railroad Company to maintain - and operate its railroad in its present form of construction -fi " and to make any change in the form of construction or method of operation of said railroad as reserved by t " - Union Pacific Railroad Company in the Deed to Dwight S. - Thompson recorded October 19, 1903 in Book 208 at Page . . 217, Weld County records, and any and all assignments thereof or interests therein. -" (Affects the E1/2SW1/4 of Section 21 ) EXHIBIT A .k. � Ame ......„...„...___...„....„2., .... . �� _ �L T� ..�.. T�.'.1c. �,_4 -nH —�� fa. . 4`^.v , .�.+/ _.1 . .,........... .....„....7.,..„..... li 8. 17:u right of the proprietor of a vein or lode to extract and remove his ore should the same be found to penetrate , or intersect said land, as contained in the Patent to George Beard, recorded June 23, 190G, in Book -131 at 'f Page 165, Weld County Records- _.-�'° (Affects the NE1/4 of Section 28) eta 9, A right of way for ditches or canals constructed by the_ 6 . authority of the United States as reserved in the Patent to George Beard, recorded June 23, 1906 in Book 131 at - Page 165, weld County Records. (Affects the NE1/4 of Section 28) t". all oil, coal and other minerals 10. Reservations us of (1) � - within or underlying a strip of land 200 feet wide on each slide of the center line of the railroad of said Union Pacific Railroad Company as said road is now >; _ constructed over and across said land; (2) the exclusive right to prospect in and upon said land for oil, coal and other minerals therein, or which may be supposed to be therein, and to mine for and remove from said land, all oil, coal and other minerals which may be found ' .. -. thereon by any one; (3) the right of ingress, egress and egress upon said land to prospect for, mine and • 5' remove any and all such oil, coal or other minerals, - ^` and the tight to use so much of said land as may be :..,�sy;, convenient or necessary for the right-of-way to and -�-t from such prospect places or mines, and for the convenient and proper operation of such prospect places, mines, and for roads and approaches thereto or for removal therefrom of oil, coal, mineral, machinery or other f material as reserved by Union Pacific Railroad Company in the Deed to Ira W. Michael, recorded September 6, -- 1910, in Book. 320 at Page 36, Weld County Records, and any and all assignments thereof or interests therein. µ.ms - (Affects the SE1/4 of Section 29) '..-3:`-''''' • rK Y. • 11 7.'_l -gal and other mineral and the right to prospect ---- • t _ for and mine the same upon condition that any ground to taken or damaged shall be paid for, as reserved by- ^�_. . Robert J. Williams in the Deed to Hans Mathisen, recorded November 25, 1913, in Book. 388 at Page 517, Weld County -' �._: Records, and any and all assignments thereof or interests therein- Affects the W1/25W1/4 of section vnt d: 12. Right of way for a public highway over and across said 9 land as granted to Weld County, Colorado,, by right of . , way deed, recorded August 10, 1929 in Book. 881 at Page s_ 132, Weld County Records, said right of way being described i,-'- as follows: o, A strip of ground 60 feet wide, it being 60 feet on • North side of the Boulder Valley Railroad in the SW1/4 Section 28, Township 1 North, Range 67 West of the 6th P.H. , Beginning at the West line of above described land and running in a southeasterly direction to the South line of above described land. (Affects the W1/2SW1/4 of Section 28) 13. A perpetual easement 37 1/2 feet wide on both sides of - the indicated center line for the construction, operation and maintenance of an electrical transmission line together . _ with the right of ingress and egress as contained in ' instrument recorded January 26, 1950 in Book 1261 at Page 385, Weld County Records, said center line being described as follows: _ — mar x` " ..F Brz::L.a ng at a point on the West line of said NE_/4 n -F— 1111 Sec. 28, being 1380 feet, more or less, South of the North quarter-corner of said Sec. 28; thence South - 89'08' East a distance of 827.5 feet, thence North 89'54' East a distance of 1815-9 feet to a point on the --a".L—=;-- _ East line of said NE1/4, being 1396 feet South of the _ _- Northeast corner of said Sec. 28. (Affects the NE1/4 of Section 28) - 14 . All oil and gas leases and any other mineral leases, > recorded or unrecorded. 15 , Terms, agreements, provisions, conditions and ob).igations y` as contained in Surface Owner's agreement between Yoxall Farms, Inc. , and Union Pacific Railroad Company, recorded February 8, 1971 in Book 640 under Reception No. 1561756, •'i Weld County Records. (Affects Parcel 2) 16. The Pathisen Reservoir is located in the NW1/4 of the ;:W1/4 of Section 28, and the Thompson Reservoir is located in the SF,1/4 of Section 21 . d . 17, Easement 50 feet wide to lay, construct, maintain, alter• inspect, repair, replace, change the size of, operate, and remove a pipeline together with the right of ingress and egress as granted to Panhandle Eastern Pipe Line Company by instrument recorded October eC 226nt 1973 in Book 702 as Reception No. 1623685, y Records. (Affects NL/2 SW1/4 Sec. 28. E1/2 SW1/4 and SE1/4 Sec. ._ 21, and SEI/4 Sec. 29) 78. Easement 50 feet wide to lay, construct, maintain, — w• alter, inspect, repair, replace, change the size of, operate, and remove a pipeline, together with the right of ingress and egress as granted to Panhandle Eastern Pipe Line Company by instrument recorded December County .e' 1973 in Book 704 as Reception No. 162633_n, r- Records_ (Affects S£1/4 Sec. 21 and NE1/v Sec. 28) —_ 19 . Easement 25 feet wide to lay, consruct, maintain, alter, 4---.7.,—` inspect, repair, replace, change the size of, operate } . and remove a pipeline together with the right of ingress }, and egress as granted to Industrial Gas Services, Inc. by instrument recorded January 7, 1974 in Book 706 as Reception No. 1627802, weld County Records. - �� (Affects SW1/4 Sec- 28) �s.�' 20. Terms, agreements, provisions, conditions and obligations, - as contained in Surface Owner' s Agreement between Yoxall — :. Farms, Inc. , and Champlin Petroleum Company, recorded ,_ January 30, 1974 in Book 707 as Reception No_ 1629301, Weld County Records. (Affects SE1/4 of Sec-29) . -'v" ;y — . • 2 I n_ � •... • s ' '�_-` ....e' P R - -�- - - -•mss ` -_t _ y•_ �-• r 21- Uri 3/7ths of the oil and gas deposits as evidenced by Order. Judgment and decree entered in District Court - �• `.. in and for the City and County of Denver, State of• Colorado, Civil Action No. C-48694, Courtroom 11, by eh' - - Marjorie Lee Fisher, Harriet W. Lucke, Geraldine K. , Duffy, Patrick J. O'Connor, P.E. O'Connor, said instrument - --- -- - was recorded November 12, 1974 in Book 726 as Reception , • No. 1648355, Weld County Records, and any and all assignments thereof or interests therein. (Affects W1/25W1/4 Sec, 26) 22. Easement and right of way to construct and maintain __ '•• _ ,. under and across said ditch a four inch, galvanized pipe conduit containing electric cables constituting ' the electrical power and distribution line purposes• '3,hc granted to Union Rural Electric Association by Yoxall • -.a?a • Farms Ditch by instrument recorded April 24, 1978 in • Y Book 829 as Reception No. 1751262, in which the specific ' , • location of the easement is not defined. • (Affects SE1/45W1/4 Sec. 28) - - 23- An unidivided 1/2 interest in and to all oil, gas and _ - other minerals as conveyed to Joe Miller and Company, a ® Colorado corporation by Mineral Deed from Yoxall Farms, .. ... _Inc. , a Colorado corporation recorded February 22, 1979 in Book 660 as Reception No. 1782499, and any and all ig,.testa ti:ereof or interests therein. (Affects All Parcels) 24. An undivided 1/12 interest in and to all oil, gas and I : other minerals as conveyed to Frances R. Karsh by Mineral _ , fi r; Deed from Yoxall Farms, Inc. , a Colorado corporation recorded February 22, 1979 in Book 861 as Reception No. _ _ - _'.___ -1782500, and any and all assignments thereof or interests therein. - ---- (Affects All Parcels) .-11. 25. An undivided 1/6 interest in and to all oil, gas and __ --__ other minerals as conveyed to H.H. Karsh by Mineral Deed from Yoxall Farms, Inc. , a Colorado corporation `_' '_ recorded February 22, 1979 in Book 861 as Reception No. ...1. :,,--J.-l..-.- "s 1782501, and any and all assignments thereof or interests '---' therein. (Affects All Parcels) - - " 26. An undivided 1/6 interest in and to all oil, gas and -" ill other minerals as conveyed to Louis C. Sarah by Mineral ,.• Deed from Yoxall Farms, Inc. , a Colorado corporation '*- recorded February 22, 1979 in Book 861 as Reception No. 1,OLDUz, and any and all assignments thereof or interests therein. •oTi4 (Affects All Parcels) - 27. An undivided 1/12 interest in and to all oil, gas and ?< other minerals as conveyed to Libby Karsh by Mineral _ - Deed from Yoxall Farms, Inc. , a Colorado corporation recorded February 22, 1979 in Book 861 as Reception No. " 1782503, and any and all assignments thereof or interests ' therein. (Affects All Parcels) -- - - 28. Recreational lease, if any, with American Sportsman - - — Club, lessee. 29. Unrecorded oral farming lease with Dave Howard, lessee. • i. _ ..�' � >F • +. a, N' �-r r I 30- Unr^_c<:,-..cd agreement with Adolph Coors Company for 11.1.1" --:"..•:.... -- � ' � purchase and sale of Malting Barley- 31- Taxes and assessments for 1983 and all subsequent years- -:, :.2, A Use application relating to the two shares of FRICO ,-c, , .......: - (sttndley Division) is pending before the District Court, Water Division No- 1, State of Colorado, Case No- 82CW056- r„ 33- A Use application relating to the three shares of New — �„- Drantner Ditch Company is pending before the District Court, Water Division No. 1, State of Colorado, Case• NO. 79CW236- - Le x .S� �J. i Il • -- .- y''iii ..I L._ r d - k f • 1J3`i �II1111 111111111111 iv iiiii 11111111111!iii 11111 IIII viii 2949232 06/06/2002 04:42P JA Auld Tsukamato 232 1 of 2 R 10.00 0 0.00 Weld County CO QUIT CLAIM DEED THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s)or entity(ies)named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTORS: David E.Howard and Carol C. Howard GRANTEE: David E. Howard and Carol C. Howard, as tenants in common each with an undivided one-half interest FORM OF CO-OWNERSHIP: n/a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A Signed on lc(7 ld� ,2002. David E.Howard,Grantor Carol C. Howard,Grantor • STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 28th day of February , .\'a200(V5,David E.Howard. ` 0 I .1 R WfQfESS my hand and official seal. } 0 11 Lt4Y commission expires: 11/24/2005 Pv_ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ) .................The foregoing instrument was acknowledged before me this 28th day of February \i\' 26b',[arfarol C. Howard. 171 11 0 S 'I A iktrliEss my hand and official seal. lvi9Qoinmission expires: 11/24/05 • Notary Public al WIl 79X0001 iii 00400 I.w'E • SKLD LG 172 . 20 . 16 . 20 WE 2949232-2002 . 001 1111111 IIIII(111111 III 11111111111 $11111 11111111111 101 2949232 05/06/2002 04:42P JA Sukl Tsukamoto 2 of 2 R 10.00 0 0.00 Weld County CO • EXHIBIT A PARCEL 1: All of Section 26, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the North one-half of the Southwest one-fourth(N1/2 SW 1/4)of said Section 26,County of Weld, State of Colorado PARCEL 2: All of Section 28, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest ofthe Southeast one-fourth(SE 1/4),and an undivided five-twelfths interest of the North one- half(Nl/2), and the Southwest one-fourth (SW 1/4) of said Section 28, County of Weld, State of Colorado, except parcels conveyed to Vessels Oil and Gas Company, a Colorado corporation PARCEL 3: All of Section 32, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Northeast one-fourth(NEI/4) and the South 100 acres of the Northwest one-fourth (S 100 of NW 1/4) of said Section 32, County of Weld, State of Colorado PARCEL 4: All of Section 29, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth(SE1/4) of said Section 29, County of Weld, State of Colorado • PARCEL 5: All of Section 21, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to, an undivided five-twelfths interest of the East one-half of the Southwest one-fourth (E1/2 of SW I/4) and the Southeast one- fourth (SEI/4) of said Section 21, County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No 1469-28-4 (RE-3066) which was recorded at Reception No. 895875 on October 30, 2001, Weld County Clerk and Recorder's office, being a part of the Southeast one-fourth (SE1/4) of Section 28, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado • Together with all water rights, ditch rights and reservoir rights appurtenant to or used in connection with the above-described property, including, but not limited to, The Big Dry Creek Ditch and Reservoir Company (Certificate No. 116 for 5/12 of 1 share), The German Ditch and Reservoir Company (Certificate No. 136 for 15 shares), The Farmers Reservoir and Irrigation Company (Certificate No. 6077 for 2 shares), The Farmers Reservoir and Irrigation Company(Certificate No. 5797 for 12 shares), Mountain View Water Users Association (Certificate No. 17), and Mountain View Water Users Association(Certificate No. 227) M6{1179 WWI b011egan • -SKLD LG 172 . 20 . 16 . 20 WE 2949232-2002 . 002 111111111111111)111��11111111111111111��11111��IIII 2956629 05/30/2002 04:341' Weld County CO I of 2 R 10.00 0 0.00 J.R. "Suki"Tsukamalo • 02- QUIT CLAIM DEED THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s)or entity(ies)named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The speci tic terms of this deed are: GRANTORS: David E. Howard and Carol C. Howard, as tenants in common each with an undivided one-half interest - GRANTEE: D&C Farms, LLLP,a Colorado limited partnership FORM OF CO-OWNERSHIP: n/a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A Signed on {(J u / ,2002. i.c.„7(f David E. Howard,Grantor Carol C. Howard,Grantor • STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before methis 1st day of March 2002, by David E.Howard. ` \ /')/T NESS my hand and official seal. N u '1 16Ivjy`tbmmission expires: 11/24/05 U c Notary Public f c . STATE OF COLORADO 55. COUNTY OF WELD The foregoing instrument was acknowledged before me this t cr day of March 2002,by Carol C.Howard. WITNESS my hand and official seal. If \.� .a ,commission expires: 11/24/05 �-!/I&ltd_ J l eel Notary Public - MHI uQ'Il0iO J0WYI\ • P . SKLD LG 172 . 20 . 16 . 23 WE 2956629-2002 . 001 MR1111111 I I 111111111111111111 III 11111 • 2956629 05/30/2002 04:341' Weld County CO 2 of 2 R 10.00 O 0.00 J.A. "Saki" Tsukamoto EXHIBIT A PARCEL 1: All of Section 26, Township l North, Range 67 West of the 6th P M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the North one-half of the Southwest one-fourth(N1/2 SW 1/4)of said Section 26,County of Weld, State of Colorado PARCEL 2: All of Section 28, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Southeast one-fourth(SE 1/4),and an undivided five-twelfths interest of the North one- half(Nl/2), and the Southwest one-fourth(SW 1/4) of said Section 28, County of Weld, State of Colorado, except parcels conveyed to Vessels Oil and Gas Company, a Colorado corporation PARCEL 3: All of Section 32, Township I North, Range 67 West of the 6th P M., County of Weld, State of Colorado, owned by Grantors, including, but not limited to, an undivided one-half interest of the Northeast one-fourth (NE 1/4) and the South 100 acres of the Northwest one-fourth (S100 of NW 1/4) of said Section 32, County of Weld, State of Colorado PARCEL 4: All of Section 29, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth (SE I/4)of said Section 29, County of Weld, State of Colorado • PARCEL 5: All of Section 21, Township 1 North, Range 67 West of the 6th P,M., County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the East one-half of the Southwest one-fourth (E1/2 of SWI/4) and the Southeast one- fourth(SE 1/4) of said Section 21, County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No. 1469-28-4 (RE-3066) which was recorded at Reception No. 895875 on October 30,2001,Weld County Clerk and Recorder's office, being a part of the Southeast one-fourth (SE1/4) of Section 28, Township I North, Range 67 West of the 6th P M., County of Weld, State of Colorado Together with all water rights, ditch rights and reservoir rights appurtenant to or used in connection with the above-described property, including, but not limited to, The Big Dry Creek Ditch and Reservoir Company (Certificate No. 116 for 5/12 of 1 share), The German Ditch and Reservoir Company (Certificate No. 136 for I5 shares), The Farmers Reservoir and Irrigation Company (Certificate No. 6077 for 2 shares), The Farmers Reservoir and Irrigation Company(Certificate No. 5797 for 12 shares), Mountain View Water Users Association (Certificate No. 17), and Mountain View Water Users Association (Certificate No. 227) M WI I]9H000IUgllcgal2 • .SKLD LG 172 . 20 . 16 . 23 WE 2956629-2002 . 002 • CORRECTION DE y QUIT CLAIM DEED THIS DEED is a conveyance from the individuals(s),corporation(s)or other entity(ies)named below as GRANTORS to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: GRANTORS: David E Howard and Carol C.Howard,as tenants in common each with an undivided one- half interest GRANTEE: D&C Farms, LLLP,a Colorado limited liability limited partnership - 8709 WCR 4,Brighton,Colorado 80601 FORM OF GO-OWNERSHIP: r'a PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT A This Correction Quit Claim Deed is made to correct the Quit Claim Deed dated March I, 2002 and recorded on May 30,2002 at Reception No.2956630 of the Weld County records,as the Grantors did not intend to transfer the water rights described in the previously recorded Quit Claim Deed to D&C Farms, LLLP,the Grantee. Signed on I-7 .j_2 2002. • David E. Howard,Grantor Carol C. Howard,Grantor STATE OF COLORADO ) ) ss. COUNTY OF WELD ) / The foregoing instrument was acknowledged before me this?-2'ay of ray , 2002, by David E. Howard and Carol C Howard. WITNESS my hand and offic ..-. x \vfy commission expires. 5- _p / ......-' As t antee,the undersigned accepts this Correction Quit Claim Deed this _7_2day of J ,2002 and makes no claim to the water stock or any other water rights described in the previo y recorded Quit Claim Deed which was recorded at Reception No. 2956630 of the Weld County records,Colorado. D&C FARMS, LLLP, a'CCoolorado limited liability limited partnership /J By'. -, .S�-2�- r� f� By: (2 Gef 2� A�f6lLrCY David E. Howard,General Partner Carol -Howard,General Partner Cr Subscribed and sworn to before me this ' day of 2002 by David E.Howard �'and Carol C. Howard, General Partners • ::""<+,tms LLLP, Colorado limited liability limited li- partnership. "' e. 1t 1 • Witness my hand and official , ' -' :o t / m A .m My commission expires--S-- .�• / T.-;b co '�' / ' OO .gyp. �i/ i�'1% - "'''vita Pub-c I11111111111111111I11111111111111111111III 11111 illl III SKLD LG 172 . 20 . 16 . 23 WE 2976534-2002 . 001 1 of 2 B 10.00 0 0.00 J-A."Suki"Tsukamoto f - IIIIII 1111111111111011111111111111111 III 1111111111111 2976534 08/08/2002 04:06P Weld County.CO • 2 of 2 H 10.00 0 0.00 J.A."Suki"Tsukamoto EXHIBIT A PARCEL I: Mt of Section 26, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, owned by Grantors,including,but not limited to,an undivided one-half interest of the North one-half of the Southwest one-fourth(N1/2 SW 1/4)of said Section 26,County of Weld,State of Colorado PARCEL 2: MI of Section 28, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to, an undivided one-half interest of the Southeast one-fourth(SE 1/4),and an undivided five-twelfths interest of the North one- half(Nl/2), and the Southwest one-fourth(SW l/4)of said Section 28, County of Weld, State of Colorado,except parcels conveyed to Vessels Oil and Gas Company,a Colorado corporation PARCEL 3: All of Section 32, Township I North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,owned by Grantors,including,but not limited to,an undivided one-half interest of the Northeast one-fourth(NE 1/4)and the South 100 acres of the Northwest one-fourth (S100 of NW 1/4)of said Section 32, County of Weld,State of Colorado PARCEL 4: Alt of Section 29, Township I North, Range 67 West of the 6th P.M., County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the Southeast one-fourth(SE1/4)of said Section 29,County of Weld,State of Colorado PARCEL 5: MI of Section 21, Township t North, Range 67 West of the 6th P.M., County of Weld,State of Colorado,owned by Grantors,including,but not limited to,an undivided five-twelfths interest of the East one-half of the Southwest one-fourth(El/2 of SW V4)and the Southeast one- fourth(SEI/4)of said Section 21,County of Weld, State of Colorado PARCEL 6: Lot B of Recorded Exemption No. 1469-28-4(RE-3066)which was recorded at Reception No. 895875 on October 30,2001,Weld County Clerk and Recorder's office,being a part of the Southeast one-fourth(SE 1/4)of Section 28,Township I North Range 67 West of the 6th P.M ,County of Weld, State of Colorado ll H117%0 01'tOIlegall l me-MI • SKLD LG 172 . 20 . 16 . 23 WE 2976534-2002 . 002 • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this Zn" day of July, 2009 (the "Effective Date"), by HUGH J. HAWTHORNE AND LORI L. HAWTHORNE, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a"Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north,the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. Weld County informed the District that the property owners within the Service • Area, and not the District, must be the applicant that requests the formation of the RUA (the "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as the HAWTHORNE PROPERTY, and is located at 1770 Weld County Road 23, Brighton, Colorado 80601, which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to complete and process the RUA Application, (b) submit to Weld County the RUA Application, and (3) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the • RUA Application. 900541.1 JIJOEIN 07/8/09 9'.54 AM • 3. The Owner will (a) review the RUA Application in the course of its preparation, (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. • 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 JTJOHN 07/8/09 9'.54 AM 2 • OWNER,' OWNER it2 914( P7) 171t Le27.,1, Datee Nam � � � Date *by' aTODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R. anjon fr., President 7/7-//11 Date ATTEST: • (&LQ Roger G. Bollard, Secretary • 900541.1 JIJORN 07/8/09 9'.54 AM 3 • Exhibit A A parcel of land located within Section 26, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • • 900541.1 THORN 07/8/099:54 AM 4 •rt . . y I ',.1 '...'.'1,11-...• _l •• 1 'S_t, r• .r; • • `` JJ yy • _ 11Lf .t 7 r • • • •s ties. ,�sa At • a 1202 PEG 02147453 07/08/88 16:26 $12.00 1/004 1^ "fy1 4K2147y F 0209 VARY ANN FESERSTEIN CLERK & RECORDER WELD CO, CO P a �;let S t.s 3 r ad R':kHHA\TY DELI) S y" 3 [. s::yd i rRtc DeE:n.- de this 7t~. d d July rvi 88 .+; ties ' b. - t Lv4+Y-i LCF cl DC., Srote D umentory Fee !I • -1, SIN.•.•i. ..., 44. ryrarmll r ,Iaode on ay aril b. uc.f the Lu, d the Stare (Dote 4//(/L9�G.:. /afi2- 11 �a:rI•or r Colorado' r.and '�/ _ I ` 1.6i I Huh J. Hawthorne and Lots .ie1. none k i5,'. + 4 as Joint Tenants t ay 1. !I + Lyuladdes,i, 301 S. 22nd Avcrnc ins Brighton, Cotentin 80601 - / I Tft4 1 b 'r + 1 1 : of the 'C:: rt,•,I &1rrs ,State of Colorado.grantee I 1,N).'..6 r scI rNI SSETII Thor In grantor,r I .n,aent n r I the sum d Eighty Six Thousand Ninety ale 'I e ',i :and 54/100ths ($86,091.84)— -- — --- — - DO; T• "n . i• •.r;' .4 the ' 'pt'and 1: f h hl 4 . i Jg J h' neJ bargained.sold d annexed.and by these presents dogs II •t ;F'- f.riy . IX'— t bargain. wit, anal r,the grantee.his heir.and sign forest r. all the real property, together w h 1•41Ya f t,r�M}.. a i.(aI 1 't to I,pig and beingin the County of held I '-tp��y-e Slab of Colored d Yhad a,fe s' • f • •( Cr' Y. Sex rihibit A attached hereto an:' incorporated herein i ' .it Jn \• lay this reference lurll . ...,!?••••en _f I • • 1 • I I4•AI.rt pits •II•I aj'„t '•:',h at I ova,hyenottPod runhen are I• � s • • . • al •r(IG4;f11:k thrill id and s n I r the hcredu tnxnIs and a nrnalnv,therein 1x1 n,b fir in an uirt rtainin aril the i 1%' reversion arid!omens.romund r arolre , ode Worn,Pone,and E It thereof,and all the ohne right title, fit el +him and S+ + ••• ,ij demand 1al r It Oro err . 'air in la rr to Iin It rho 1 hr inJpro mho,. 'tl rho her Jt Rea. 'nd k 4 N t : .. �r ..a a) PI t t;1 10 RAVE AND To 11O1 inn l urerribev aloe bargained and kb atilt:fit.ith the appurtenances. nt the grantee,his heir.and 11 f; •1 anion,kroner rd lags r 1 r aalLa ditssune•, r..d bsen.er int grow,bargain and agree wand w'b the pranite.his leir e f 1 rat li and moi m,.rhit yr the tinanrtl tiecnaa lint and JAn,et f Ihone .stnth It wind of theremircn aline consned•has I. 'hr.( •;, . 'p Cure poker. doteand indefeasibleestateofill t law, f ple.and tbtag tdrght lull ppeerJ tl ity to,pan,. hargarn.sellantl'itri,T the Lone tn manner and torn,as aforesaid.anti Opt m are free and clear from all f and t her grants, ii$.' . •• '. bargain,.'ale Lite.,a.4 , ,r,u bo r awl r,t ref r,of ahanet kind r on nee e -pt • ( ; •e k} by •7,� Sete Ldlibit C attached hereto and incorporatal herein by this • 'r ;• ; k7,f, reference. 1 t a4 E ,.. • The grantor .hall and urn WARRANT AND FOREVER DIIT:ND I 1 bargained premixes in the quiet and f .hie. id•yIt: •• e; pis of it•granter hi,her,andasrgn :grant all and ncryp:rv. , person In fully 0l3mng the uh le , n pm thereof. The singular number dolt include the plural.the plural the singular.and the use of any gender'hall by applicahlt to all gendcn. I t •:yal•$, IN WITNESS SVHfREOE.The grantor his caused its corporate um:to,e hereunto subscribed by itsS. p. President.and 1,corporate seal m ho hewn mo affixed. rooted by in h.ernury, he day d year first - v-stn.. ,4-4 Inn .v'tree. o �"k y yi JIGGER FANS, INC., a Colorado Cor [rabbi y•'. 7nuc'�'m > ti.ia, arurz Noma;'^^• fry l Y see ID I.iY11 / S :,•; LLLI11111••• • • * ..G, :. No an e:. 4[aser),.... 'Cast yl '.3 :4- a } ^ STATE OF COLORrADO 1, ss u1_. �y r s ti A xx t County of I'MD J " pa 4a e ..... f ,- ;,131, I %a •. T+'roreggl`d,-mtmmeni wad aeknrsledaed tei-rt roe rho 7th thin July' • Iy EC• • •;.�1'•*r e Npr1E•A. NO�r as the -• Pr'5d m • t : d` ' - .. Dnce ibser as the SeCrtiary of IDSER FNL`5, LC., a Colorado Corporation a er,rporatiori. , •p # ....?•;76.8 t .. . Cecerrber 1, 1990 .�j�/p( v ?; Witness nvh and official seal �Ui0.v{ p,nna 7 i'28.2 ".1 Y .r • 1113 10th Avenue W : Greeley, CO. 80631 a g - • • it: II to Demer. ,ben-City and." Y t E •1: s No.400.w,.[.84 e.m pew ray..,..,t ;two,fu nn.. in 6.1.he .r.e lrr'Wu u,.n-OW J r a, 1 0 1+.Caw E ,=Jx • „ Y , # �_ • ewe '' }.:•'r • Y3 e Tail' . + j: i ' s } ) ,I 7t r' • ' gip• +, f "� a.c. B 1202 PEC 02147453 07/06/88 16:28 $12.00 2/004 �1; :' 0210 RARY JANN FEDERSTEIN CLERK & RECORDER WELD CO. CO (',• -1'-•p'r` " t .-3 4 4./:•°`• L. 2. Covering:kr Land in the Slate of Colorado,County of Weld ;, Descried sn • .'i _• All that part of the Northeast _},0 4:•.4.'..Y,4s> Quarter beingstP.M., more particularly ,t „� described as follows: } R 1;,,'t E GI v'.1'., at the Northeast Corner of said Section 16 and considering ` "t6h'i-'rk. the North line of the Northeast :}•: i'd:c•+.:�.;, ' Quarter said Section ed as bearing `� '.%'.r,z"'l• • f South 9a thereto: west and with all other bearings contained herein ""+1 +t�`ys` relative thereto:• ' ! ' :e°:f: :,' thence South 00° 35'57" West along the East line of the Northeast . _ j,{O;T; Quarter of said Section 26, a distance of 2650. 67 feet to the East HI':°Stu;;,p✓,�l'-;,` Quarter Corner of said Section 26; l�',4,;.,y(y:it;:,. thence North 89°53'08" West along the South line of said Northeast `''6•`y;%a %a5.^s'' Quarter of Section 26, a distance of 7805.06 feet; ';:� s:.: �1•x� ;�f thence North 7°30'02" East, 193.51 feet; i`• ''�' •'+�!: thence North 2°15'24" East, 357.85 feet; 'slit + . 6'' thence North 29°13'40" East, 429.55 feet; '.1 '''"`'14-' t: thence North 40°07'18" East, 349.77 feet; ' '•' thence North 70`53'14" East, 141 .55 feet; 'I.1' ' •+'11r' thence North 54°12'37 " East, 38 2 feet; thence North 29°10'23" East, 312.61 feet; tilt•' ' :','• - I thence North 1°22'00" West, 177.66 feet; 5 . thence North 32°17'22" West, 172.52 feet; •''j•• '= ' thence North 3°20'00" East, 762.57 feet to a point on the North +, .!' line of the Northeast • '1 thence North Quarter of Section 26; 90°00'00" East along the north line of the Northeast •}• ' ' •�'= Quarter of said Section 26, a distance of ,052.42 feet to the. ' ‘'..41tj POINT OF BEGINNING; '{� '�+ . : '�Y�EXCEPTING THf:REFROJ, a tract of ]and conveyed by Deed recorded :r:. October 0, 1976 in Book. 779 as Reception No. 7700903, being more ' f I' +.' t'- •4, particularly described as follows: i, i> i� • Part of the Southeast Quarter ISE:) of the Northeast s, , .•t.`;` of Sec+ Quarter (!, ) 5., , •%y ion 26, Township 1 North, Range 67 {test of the 6th P.M., ' more particularly described as follows: r,•,:v,',.;.;):•.....:7. 5. BEGINNING at the East Quarter Corner (E: Cor) of said Section 26, I )rj:•, • ' '.I and considering the South Line of the Northeast Quarter (NE1) of •''I said Section 26, as bearing South 89°53'08" East, with all other• r. 2 bearings contained herein relative thereto; ^°'L thence North 00°33'57" East, 81.24 feet; r:''k `'rs.i:' • ,.' thence North 31 °19'01" West, 104.12 feet: ,y.,• ' thence North 09°20'18" West 383.40 feet to the TRUE POINT OF ': i?�'•'� ` �f BEGINNING; .•',• thence continuing North 09°20'18" West, 369.70 feet; •' a"+i. -' •` ' thence North 89'29'01" We ' Ir'"••'•t`;` West, 345.62 feet; d� thence South 26°57'01" West, 272.60 feet; .,�I'. !'�'".�+' thence South 00°47 '34'• East, 146.90 feet; thence North 89`32'34" East, 530.60 .feet to the 1RUE POINT or =',6 t.' BEGINNING. _ 'r.15 ,;C.`,..v ALSO EXCEPTING THEREFROM tract of land being more particularly ` ) x � described as follows: I�°" "w�Ry7 Al] that part o: the F.U:L',c ast n 't ' i Quarter of Section 26, To'.:nr hip 1 .'krf,..c:g , North, Rare 67 test of the 6th P.P. , .sin ere particularly .:.il�':"i-.4, 'Yy'described as follows: being +.r[(;f✓: y. BEGINNING at the Northeast Corner of said Section 2(, and consi der,na ' ��tc3Cli'gi-'k" _ the North line of the Northeast , "-,`• •"=' South 90°00'00" 4:e Quarter of said Section 26 as bearing • 'To:11.•;Kn _:r.. -:x st end with all other hearings contained herein P t. ?::�r4 relative thereto; ,;; thence Seth 00"57.57" crest ..lend the East line of the Northeast I _•' ;- r1 Quarter of said Section 26, a distance of 267.00 feet; - thence North 90°00'00" Vest, 245.00 feet; , thence North 00'33'57" East, 267.00 feet to a point on the North g, r - line of the Northeast Quarter of Section 26; 4 Y thence North 90°00'00" East along the North Line of the Northeast POINT e r of said Section 26, a distance of 245.00 feet to the •;.' _ '• ro.:,5;"' POINT OF BEGINNING. 7 Ditch Co WITH three (3) shares of the capital stock of The Sea Erantner �aior, V�• Ditch Company. ,. 1, - - a: G•1. .t ,., +J 4' ' ; Ct 1 t i 1 r . 1.1 c� 8 1202 REC 02147453 07/09/88 16:28 $12.00 3/004 ` tts eta:;. t}- F 0211 MARY ANN FEOERSTEIN CLERK 6 RECORDER WELD CO, CO !'u'7Y ':. ty ..,:..;r.., n. EXHIBIT A - Page 2 t 'iy.•.. y TOGETHER WITH all oil, gas, coal and other minerals whatsoever ),:'cYrrt•.:14. in and under the above-described property, including, without d: ,2;'ryc ytu2 limitation, all rights pursuant to that certain Oil and Gas .2'Ir4 :t.,r,•.••ez Lease, dated January 30, 1970 and recorded February 19, 1970 in n. '4:f ;�•' Book 621 as Reception no. 1542846, Weld County, Colorado real ; 4.,,,•,+ estate_ records, between Norman Moser and Elizabeth Moser, as rY\��;Si e . lessor, and Tom Vessels, as lessee, as modified and amended (the :;:i•S",d.e.?'.};:,r "Vessels Leaue") ; 1111:` n” :t F EXCEPTING THEREFROM the royalties due or to become due under 'f�il:; ;.\ `°i"+, the Vessels Lease with respect to, and only with respect to, the "(""•tl*,..: 'r) Moser "C" Unit Well #1 located in the NW 1/4 of Section 25, '.ti• ' '':... y Tranship 1 North, Range 67 West of the 6th P.M., Weld County, '�tp \I", • Colorado from July 7, 1988 through July 6, 1989 as reserved in :,��.•.�': AI that certain Quit Claim Deed, dated July 7, 1988, between Norman •��" BSI' Moser and Marguerite E. Moser, as grantor, and Moser Farms, .. yl';p'•; Inc., ..�.... ) , as grantee, recorded July L. 1988 in Book /.10-1 as (, :;:••t Frception No. a/61740i in the Weld County, Colorado real• cutate records (the "Q-Grt Claim Deed"). At midnight, Denver, C5lorado time, on July 6, 1989, the above-described reservation l shall terminate and be of no further force and effect and all !: (. ..' "41'4' ,y. rights herein excepted and reserved in the' pQuit Claim Deed shall automatically vest in Grantee. : • „ ,114 •.i ._i ,a ',J. '{ ,, r^ ( .1 l•"iim Fs- 4,:' t• cy :: 'zX • l • Ytc '- 4L ga (tF ;7$q y..,:i;.. .;>i . . . 4. . .e • t ..t • . • a it t.• t:• .•a • s �%iltt Yll. ,) 111 • 1.) sut E �•.,' • •t s 1232 FTC 02147153 07/08/88 16.28 $12.00 4/001 ' a h F 0212 1Paf ...'t 34FEPSTEIN CLERK SF RECORDER WELD CO, CO cd EXHIBIT B :.',!• f EXCEFTION5 TO WARRANTY OF TITLE i',,..,.',�4 ,a r'y'a,: 1. Taxes and assessments for the year 1988 and subsequent - F, ''+p ti ;4!y: i+ years; not yet due and payable. s;A,. f;.[y4t c.e" P` , '[a'+34. t. 2. Rights of way for county roads 30 feet wide on each side of _t X' 1'j''t`•+;,;• section and township lines, as established by order of the ' 1, Board of County Ccsais stoners for Weld County, recorded ��.� ;;';;•..'.t•:; octobnr 14, 1839 in Book 86 at Page 273. 3. Reservation of right of proprietor of any penetrating vein or l:i;% ,'. �•�,;-" lode to extract his ore, in U.S. Patent recorded December 13, +'.•'" .r 1895 in Bock 51 at Page 299. '"•'-:":'%.a'•,:•t. •' 4. Easement and right of way for electrical transmission lines, as :.,..:711:O7::::14 awarded to The United States of America by instrument recorded } i. `aw :4 :, January 31, 1951 in Book 1293 at Page 459, affecting the following P!:i. •• :.)n,.,.? described property: A strip of land situate in the South half of the Northeast quarter (5kNE4), Section twenty-six (26) , Township 1 North, Range 67 West .•. �' '' of the 6th Principal Meridian. Said strip of land shall be seventy- �.•;"r'.' •L • five (75) feat wide, extending to and limited by the property lines, ' a everywhere distant thrity-seven and ens-half (37h) fest on either a : • side of a centerline measured at right angles and/or radially thereto, `� q • said centerline of the route of said line of poles and wires to be erected across said lands shall be as follows: ; Beginning at a point on the West line of said S,NEk Section 26, •': .;';; being 1406.6 feet South of the North quarter-corner of said Section •; .:;: 26; thence South 89.57' East a distance of 351.8 feet; thence South .,•i;za` . 84.45' East a distance of 2270.6 feet, more or less, to a point on •' '1.�;:;;, the East line of said SyNE4, being 1611 feet South of the Northeast .t+ corner of said Section 75, •M. °a r': :, r �5.'..44 5; Oil and gas lease between Norman Messer and Elizabeth Moser and Tom I. •Yy 4a u'y • Vessels dated Jansary 30, 1970, recorded February 19, 1970 in Bock (:q.:Sha:`;:.,r. `S• 621 as Reception so. 1542846, and any interests therein or rights O1.2.1.:../1:-;:t. 'e's`+' - • P 4 i' thereunder. ,.;'iy;,j'''tit% NOTE: Extension of the above lease as claimed by Affidavit of ,t.U..k.1/;e Pro•:luctio:, pursuant to CRS 38-42-106, by Amoco Production du' • Company, recorded November 29, 1974 in Book 727 as Reception S.."-'a' '�7• Si No. 164943. 6. Weld County Roads 6 and 23, and any and all rights of way therefore, 'i:a ‘ti shown on Recorded Exemption No. 1469-26-1-RE-215, recorded ,• ... July 22, 1976 in Book 772 as Reception No. 1694272. a' .' ;wti7. Brantner Ditch and Brighton Ditch, and any and all rights of wayA therefore, as evidenced on Recorded Exemption No. 1469-26-1-RE-215, x�'s• recorded July 22, 1976 in Book 772 as Reception No. 1694272. e t.' s.•: T t it . .! g Easement and right of way for an electric transmission and/or ''l` „ .r�2 =g• •• distribution line or system, as granted to Union Rural Electric . .-'-i ° Association, Inc., a Cooperative Corporation ty Moser Farms, Inc., ,, -s + ' a Colorado corporation, in the instrument recorded December 19, - .7:4°� 1985 in Book 1096 as Reception No. 2036424, affecting the following 't' : �.S;v �.'r. described property: <•� ` " An easement and right-of-way ten (10.00) feet in width on, over, - ' S"', :"aI under, and across a part of the Northeast Quarter (NEk) of Section 26, Township One (1) North, Range 67 West of the Sixth (6th) Principal .7 •��: '�'` � a Meridian, said easement and right-of-way being described as follows: { :n" '717.4 The SOuth ten (10.00) feet of said Northeast Quarter (NE4). •-,....:-..:4" • Y.V. ..�• .::S • :•ra •+::Ctii S.I M .^T- iyi,, ?` l — oo-o3G 19h9 35 0 > _.'J0Y ;-353 -oo - mac 2 ?G -7- DC - oo7.- /'1r9 - 3C - 2 - ) - O7 )1, '- 3c .O- - )2 / le/ )7 -1„ _ I - ' ) - 903 1967 - 2 - 0 - oli • AGREEMENT TO PROCESS RUA APPLICATION THIS AGREEMENT TO PROCESS APPLICATION (this "Agreement") is made this 7171f day of July, 2009 (the "Effective Date"), by ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC, ("Owner") in favor of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado Title 32 special district (the "District"). Owner and the District are referred to individually herein as a"Party" and collectively as the "Parties". Recitals A. In addition to other property located in unincorporated Adams County, the District's service area boundary includes approximately six thousand (6,000) acres of property located in southern portions of unincorporated Weld County, generally bounded by Weld County Road 2 on the south, one half mile north of Weld County Road 6 on the north, the Platte River on the east, and Weld County Road 17 (Quebec Street) on the west, (the "Service Area"); B. The District has been in discussions with the Weld County Planning Department and property owners within the Service Area regarding the establishment of a Regional Urbanization Area ("RUA"), as that term is defined in section 22-2-130 of the Weld County Code; C. Weld County informed the District that the property owners within the Service Area, and not the District, must be the applicant that requests the formation of the RUA (the • "RUA Application"); D. Owner owns certain real property located within the Service Area that is commonly known as the TODD CREEK VILLAGE NORTH PROPERTY, and is located at 1750 Weld County Road 23, Brighton, Colorado 80601, which real property is legally described as set forth in Exhibit A, attached hereto (the "Owner Property"); and E. Owner desires to include the Owner Property in the RUA Application and the District wishes to facilitate processing the RUA Application on behalf of the Owner. Agreement NOW THEREFORE in consideration of the mutual promises and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. At its sole cost and expense, the District will (a) prepare all application materials reasonably required by Weld County to complete and process the RUA Application, (b) submit to Weld County the RUA Application, and (3) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. • 900541.1 JTJOHN 00/8/09 9 40 AM • 3. The Owner will (a) review the RUA Application in the course of its preparation, (2) provide to the District written and/or verbal comments regarding the content of the RUA Application, (3) sign the RUA Application prior to submittal to Weld County, and (4) publically support the RUA Application, including without limitation appearing at any required public hearing to testify in support of the RUA Application. 4. The District will use its best efforts to resolve any differences between the Owner and other property owners within the Service Area, such that, to the maximum extent possible, the final RUA Application considers the needs of all property owners within the Service Area who have agreed to act as an application for the RUA Application. Notwithstanding any dispute between property owners within the Service Area with regard to the contents of the RUA Application or otherwise, the District may, at its sole and absolute discretion and at any time, cease processing the RUA Application and terminate this Agreement and its obligations hereunder. In the event of such termination, the Parties obligations to each other will immediately terminate, and neither Party will have any liability to the other whatsoever. 5. Following the Effective Date, Owner will not withdraw or attempt to withdraw the Owner Property from the RUA Application. 6. The provisions of this Agreement will inure to the benefit of and bind the successors and assigns of the respective Parties hereto and all covenants will apply to and run with title to the Owner Property. • 7. The terms and provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8. In no event shall the failure by either Party to enforce any covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such covenant or restriction thereafter. Signatures on the following page • 900541.1 ITIOHN 07/8/09 9.40 AM 2 • OWNER OWNE hF ay TDD OSEtx ✓ia.44E Na,Q//i/, Aicie Name Name 77n/07 Date Date TODD CREEK VILLAGE METROPOLITAN DISTRICT By: George R. an oo J ., President 7�/ 7/ 40 Date ATTEST: • Roger G. Bollard, Secretary • 900541.1 1120204 07/10/09 242 PM 3 Exhibit A A parcel of land located within Section 26 & 35, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: SEE ATTACHED INCORPORATED HEREIN AS PART OF EXHIBIT A. • 0 900541.1 HJOHN 0]/8/09 9'40 AM 4 eRecorded in Weld County, CO Doc Id: 3580599 09/26/2008 04:49 P Receipt#: 7379217 Page: 1 of 6 Total Fee: $150.73 Steve Moreno, Clerk and Recorder After Recording Return To: • John R.Heronimus,Esq. Dufford&Brown, P.C. 1700 Broadway,Suite 2100 Denver,Colorado 80290 SPECIAL WARRANTY DEED Dad fat.,tit;,16 (Larry Rule Parcels) THIS SPECIAL WARRANTY DEED is made this 25th day of September, 2008 between LARRY L. RULE (aka Larry Rule) Grantor, whose address is 722 County Road 21, Brighton, Colorado 80603-9230, and ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC, a Colorado limited liability company, Grantee, whose address is 9055 East Mineral Circle, Suite 200, Centennial, Colorado 80112. WITNESSETH, that for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged, Grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the 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 by this reference. TOGETHER with all and singular the hereditaments 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, 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; AND TOGETHER WITH all of Grantor's right, title and interest in and to any and all water rights appurtenant to and currently or historically used in conjunction with the above- described property, including, but not limited to, all of Grantor's interest in all groundwater rights whether tributary, non-tributary or not non-tributary water and water rights, well, well rights, and associated well permits, ditch and ditch rights,reservoir and reservoir rights including but not limited to Water Well Nos. 34842 and 22066 (water wells for feedlot), and Water Permit Nos. 182488 and 225905 insofar as such water rights are located on or affect the Exhibit A property; AND TOGETHER WITH all Grantor's right, title and interest in and to any and all oil, gas and minerals, and all oil, gas and mineral rights, gravel and gravel rights and rights in producing and non producing wells underlying or upon said property, except as hereafter reserved by Grantor. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for himself, his successors and assigns does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons, entity or entities, claiming the whole or any part thereof by, through or under Grantor subject to rights of way, • easements, mineral reservations, oil and gas leases, surface agreements, zoning regulations, and special district regulations of record including those exceptions shown on Exhibit B attached {00344051.3} -1- SKLD LG SKL10231 WE 3580599-2008 . 001 eRecorded in Weld County, CO Doc Id: 3580599 09/26/2008 04:49 P Receipt#: 7379217 Page: 2 of 6 Total Fee: $150.73 Steve Moreno, Clerk and Recorder • hereto and incorporated herein by this reference, and taxes and assessments for 2008 and subsequent years. RESERVING AND EXCEPTING from the foregoing conveyance any and all interests of the Grantor in royalties and royalty rights now owned by Grantor under oil and gas leases or related surface agreements currently encumbering the Property for so long as such oil and gas leases and related rights are held by production according to the terms of the oil and gas leases or related surface agreements. The foregoing royalties and royalty rights derived from oil and gas leases and related surface agreements which include but are not limited to the following insofar as they affect the Exhibit A property: Oil and Gas Lease dated December 4, 1969 and recorded January 26, 1970 under Reception No. 1541878, Oil and Gas Lease dated January 30, 1970 and recorded February 19, 1970 under Reception No. 1542846, Oil and Gas Lease dated January 26, 1970 and recorded March 5, 1970 under Reception No. 1543402, Oil and Gas Lease dated September 5, 1974 and recorded September 23, 1974, under Reception No. 1645335, and Surface Agreement dated October 4, 1983 and recorded November 4, 1983, under Reception No. 01946090. IN WITNESS WHEREOF, the Grantor has herein subscribed his name as of the day and the year first above written. ci Lany L. Ru (aka Larry Rule) • STATE OF COLORADO ) ss. COUNTY OF AC& p r t to ) The foregoing instrument was acknowledged before me on day of Sep" , 2008 by Larry L. Rule(aka Larry Rule). NO PUBLIC My commission expires: • (00341051.3) _2_ SKLD LG SKL10231 WE 3580599-2008 . 002 eRecorded in Weld County, CO Doc Id: 3580599 09/26/2008 04:49 P Receipt#: 7379217 Page: 3 of 6 Total Fee: $150.73 Steve Moreno, Clerk and Recorder • EXHIBIT A (Larry Rule Parcels) PARCEL ONE(as designated on Fidelity Title Commitment#F207619,Revision 7): THE SOUTH HALF OF THE SOUTHWEST QUARTER (S 1/2 SW 1/4) OF SECTION TWENTY-SIX (26), TOWNSHIP ONE (1) NORTH, RANGE 67 (67) WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL SEVEN(as designated on Fidelity Title Commitment#F207619,Revision 7): ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF UNION PACIFIC RAILROAD COMPANY IN THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH P.M., EXTENDING SOUTHEASTERLY FROM THE NORTH LINE TO THE EAST LINE OF SAID SOUTHWEST QUARTER AND LYING BETWEEN THE CENTER LINE OF THE MAIN TRACK OF SAID RAILROAD COMPANY, AS FORMERLY CONSTRUCTED AND OPERATED, AND A LINE PARALLEL WITH AND 50 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES AND/OR RADIALLY FROM SAID CENTER LINE OF MAIN TRACK; • ALSO, ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF SAID RAILROAD COMPANY IN THE NORTHWEST 1/4 OF SAID SECTION 35, EXTENDING SOUTHEASTERLY FROM THE WEST LINE TO THE SOUTH LINE OF SAID NORTHWEST 1/4 AND LYING BETWEEN THE CENTER LINE OF THE MAIN TRACK OF SAID RAILROAD COMPANY, AS FORMERLY CONSTRUCTED AND OPERATED, AND A LINE PARALLEL WITH AND 200 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES AND/OR RADIALLY, FROM SAID CENTER LINE OF MAIN TRACK. COUNTY OF WELD, STATE OF COLORADO PARCEL EIGHT(as designated on Fidelity Title Commitment#F207619, Revision 7): ALL THAT PART OF THE SOUTHWEST QUARTER(SW 1/4) OF SECTION THIRTY-FIVE (35), TOWNSHIP ONE (1) NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE 6TH P.M. LYING NORTH OF THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD COMPANY, COUNTY OF WELD, STATE OF COLORADO. • X00341051.3) _3_ EKLD LG SKL10231 WE 3580599-2008 . 003 eRecorded in Weld County, CO Doc Id: 3580599 09/26/2008 04:49 P Receipt#: 7379217 Page: 4 of 6 Total Fee: $150.73 Steve Moreno, Clerk and Recorder • EXHIBIT B (Larry Rule Parcels) 1. An oil and gas lease, executed by George Grenemyer and Mabel Grenemyer as lessor(s) and by Tom Vessels as lessee(s), for a primary term of 1 years,dated December 4, 1969, recorded January 26, 1970 under Reception No. 1541878, and any and all assignments thereof or interests therein. Note: Memorandums of Surface Use Agreement recorded July 1, 2002 at Reception No. 2970765 and Reception No. 2970766. NOTE: Request for Notification of Surface Development recorded April 21, 2006 at Reception No.3381079. (affects Parcel One) 2. An easement for pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded May 9, 1973 on Film 691 at Reception No. 1612869. (affects Parcel One) 3. Life Estate reserved by Mabel E. Grenemyer and George Grenemyer to non-executive mineral interest in the form of the right to receive 100%of all bonuses,rentals,royalties or other payments of any kind attributable to the mineral estate conveyed. The reserved non- executive mineral interest shall revert to the grantees,their heirs, successors or assigns upon the death of the last survivor among the grantors. Mineral interest payment amounts which are paid or accrued during the term of the reserved live estate shall be fairly • apportioned to a period of time following the expiration of the life estate, for which period to time such mineral interest payments or accruals may logically and fairly relate,and such apportioned amounts shall be paid,upon expiration of life estate,to the reversionary interest.owner,as reserved in Warranty Deed recorded October 21, 1983 in Book 1011 at Reception No. 01944352. (affects Parcel One) 4. Right of way easement to install,construct,maintain,alter, repair, replace, reconstruct, operate and remove pipelines and related appurtenances, fixtures, or devices for the transportation of hydrocarbon products for the benefit of Coors Energy Company,as more particularly described in instruments recorded July 6, 1981 in Book 941 at Reception No. 1862516 and Reception No. 1862517, February 19, 1982 in Book 0961 at Reception No. 01883564 and Reception No. 01883579 and January 12, 1984 in Book 1018 at Reception No. 01952898. and Book 1018 at Reception No. 01952899. (affects Parcel One) 5. An easement to lay, construct,reconstruct,replace,repair,maintain,operate,change the size of,increase the number of and remove pipelines and appurtenances thereof, for the transportation of oil,petroleum,gas,other hydrocarbon substances and incidental purposes granted to Vessels Oil & Gas Company by the instrument recorded February 3, 1986 in Book 1101 at Reception No. 02041511. (affects Parcel One) 6. An oil and gas lease, executed by Larry L.Rule as lessor(s) and by Amoco Production • Company as lessee(s), for a primary term of 1 years, dated September 5, 1974,recorded {oo344os3} -4- SKLD LG SKL10231 WE 3580599-2008 . 004 eRecorded in Weld County, CO Doc Id: 3580599 09/26/2008 04:49 P Receipt#: 7379217 Page: 5 of 6 Total Fee: $150.73 Steve Moreno, Clerk and Recorder • September 23, 1974 under Reception No. 1645335, and any and all assignments thereof or interests therein. (affects Parcel Eight) 7. An easement to lay,construct,maintain,lower, inspect,repair,replace,relocate,change the size of,operate, and remove a pipe line,drips,pipe line markers,valves, launchers, receivers,cathodic equipment,test leads,and all appurtenances and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded October 31, 1974 in Book 726 at Reception No. 1647750. (affects Parcels Two and Eight) 8. An easement to lay,construct,maintain,lower, inspect,repair,replace,relocate, change the size of,operate, and remove a pipe line,drips,pipe line markers,valves, launchers, receivers,cathodic equipment,test leads, and all appurtenances and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded January 31, 1975 in Book 731 at Reception No. 1653176. (affects Parcels Two and Eight) 9. An easement to lay,construct,maintain,lower,inspect,repair,replace, relocate,change the size of,operate, and remove a pipe line together with the rights of drips,pipe line markers, valves, launchers,receivers,cathodic equipment,test leads and all appurtenances and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded January 26, 1984 in Book 1019 at Reception No. 01954195. (affects Parcels Two and Eight) • 10. An oil and gas lease,executed by Noel Hubert,Sr. and Paula Hubert, also known as Paula L. Hubert as lessor(s)and by Tom Vessels as lessee(s), for a primary term of 5 years,dated February 26, 1970,recorded May 5, 1970 under Reception No. 1543402, and any and all assignments thereof or interests therein. (affects Parcels Five and Eight) 11. Reservation of all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered,including without limiting the generality of the foregoing, coal, oil and gas and rights thereto,together with the sole, exclusive and perpetual right to explore for,remove and dispose of, said minerals by any means or methods suitable to the party of the first part,its successors and assigns,including the right of access to,and use of, such parts of said described lands,upon or below the surface thereof, as may be necessary or convenient for any purpose in connection with exploration for,removal, storage, disposition, and transportation of,said minerals and the deposit of tailings; and together also with the perpetual right to remove the subjacent support from the surface of the lands (except such as is necessary for the support of permanent structures erected thereon prior to the time such right is exercised)without thereby incurring any liability whatsoever for the damage so caused,as reserved in Deed dated August 29, 1970 and recorded May 3, 2006 at Reception No. 3384344. NOTE: Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954701. (affects Parcel Seven) • {00344051.3) _5_ SKLD LG SKL10231 WE 3580599-2008 . 005 eRecorded in Weld County, CO Doc Id: 3580599 09/26/2008 04:49 P Receipt#: 7379217 Page: 6 of 6 Total Fee: $150.73 Steve Moreno, Clerk and Recorder • 12. Rights of way for county roads 30 feet wide on each side of Section and Township lines as established by order of the Board of County Commissioners for Weld County recorded October 14, 1889 in Book 86 at Page 273. (affects all parcels) 13. An oil and gas lease, executed by Anadarko E&P Company LP as lessor(s)and by United States Exploration,Inc. as lessee(s),for a primary term of one year,dated January 31, 2003,recorded October 6, 2004 under Reception No. 3225676, and any and all assignments thereof or interests therein. (affects Parcel Eight) 14. An oil and gas lease, executed by Anadarko E&P Company LP as lessor(s)and by United States Exploration,Inc. as lessee(s), for a primary term of one year,dated January 31, 2003,recorded October 6, 2004 under Reception No. 3225677,and any and all assignments thereof or interests therein. (affects Parcel Eight) 15. The effect of a Memorandum of Surface Damage and Release Agreement between Larry Rule and Encana Oil&Gas(USA)Inc.recorded June 5, 2007 at Reception No.3481111. (affects Parcel One) • • {00344051,31 _6_ SKLD LG SKL10231 WE 3580599-2008 . 006 eRecorded in Weld County, CO Doc Id: 3580600 09/26/2008 04:49 P Receipt#: 7379218 Page: 1 of 4 Total Fee: $207.79 Steve Moreno, Clerk and Recorder • After Recording Return To: John R Heronimus,Esq. Dufford&Brown,P.C. 1700 Broadway,Suite 2100 Denver,Colorado 80290 SPECIAL WARRANTY DEED (Feedlot Parcel) Dot(Mitt ffit6w.1'I THIS SPECIAL WARRANTY DEED is made this 25th day of September, 2008 between RULE FEEDLOT, INC., a Colorado corporation, Grantor, whose address is 982 Weld County Road 21, Brighton, Colorado 80601, and ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC, a Colorado limited liability company, Grantee, whose address is 9055 East Mineral Circle, Suite 200, Centennial, Colorado 80112. WITNESSETH, that for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged, Grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the 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 by this reference. TOGETHER with all and singular the hereditaments 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, 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; AND TOGETHER WITH all of Grantor's right, title and interest in and to any and all water rights appurtenant to and currently or historically used in conjunction with the above- described property, including, but not limited to, all of Grantor's interest in all groundwater rights whether tributary, non-tributary or not non-tributary water and water rights, well, well rights,and associated well permits,ditch and ditch rights, reservoir and reservoir rights including but not limited to Water Well Nos. 34842 and 22066 (water wells for feedlot), and Water Permit Nos. 182488 and 225905 insofar as such water rights are located on or affect the Exhibit A property; AND TOGETHER WITH all Grantor's right, title and interest in and to any and all oil, gas and minerals, and all oil, gas and mineral rights, gravel and gravel rights and rights in producing and non producing wells underlying or upon said property, except as hereafter reserved by Grantor. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its 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 of the Grantee, its successors and assigns, against all and every person or persons, entity or entities, • claiming the whole or any part thereof by, through or under Grantor subject to rights of way, easements, mineral reservations, oil and gas leases, surface agreements, zoning regulations, and 100344059.31 -1- SKLD LG SKL10231 WE 3580600-2008 . 001 eRecorded in Weld County, CO Doc Id: 3580600 09/26/2008 04:49 P Receipt#: 7379218 Page: 2 of 4 Total Fee: $207.79 Steve Moreno, Clerk and Recorder • special district regulations of record including those exceptions shown on Exhibit B attached hereto and incorporated herein by this reference, and taxes and assessments for 2008 and subsequent years. RESERVING AND EXCEPTING from the foregoing conveyance any and all interests of the Grantor in royalties and royalty rights now owned by Grantor under oil and gas leases or related surface agreements currently encumbering the Exhibit A real property for so long as such oil and gas leases and related rights are held by production according to the terms of the oil and gas leases or related surface agreements. The foregoing royalties and royalty rights derived from oil and gas leases and related surface agreements which include but are not limited to the following insofar as they affect the Exhibit A property: Oil and Gas Lease dated December 4, 1969 and recorded January 26, 1970 under Reception No. 1541878, Oil and Gas Lease dated January 30, 1970 and recorded February 19, 1970 under Reception No. 1542846, Oil and Gas Lease dated January 26, 1970 and recorded March 5, 1970 under Reception No. 1543402, Oil and Gas Lease dated September 5, 1974 and recorded September 23, 1974, under Reception No. 1645335, and Surface Agreement dated October 4, 1983 and recorded November 4, 1983, under Reception No. 01946090. IN WITNESS WHEREOF, the Grantor has herein subscribed his name as of the day and the year first above written. RULE FEEDLOT, INC. a Colorado corporation 42 • By: " I �tl /� � �C Larry L. R le,President STATE OF COLORADO ) ss. COUNTY OF/C Rn r- L ) The foregoing instrument was acknowledged before me on this ?- 1 Lay of SI p-I- , 2008 by Larry L. Rule, as President of Rule Feedlot, Inc., for and on behalf of Grantor. NOTARY PUBLIC My commission expires: • {0034405931 _2_ SKLD LG SKL10231 WE 3580600-2008 . 002 eRecorded in Weld County, CO Doc Id: 3580600 09/26/2008 04:49 P Receipt#: 7379218 Page: 3 of 4 Total Fee:$207.79 Steve Moreno, Clerk and Recorder • EXHIBIT A (Feedlot Parcel) PARCEL TWO(as designated on Fidelity Title Commitment#F207619,Revision 7): ALL THAT PART OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M.,LYING NORTH OF THE RIGHT OF WAY OF THE UNION PACIFIC RAILROAD COMPANY, EXCEPTING THEREFROM LOT A ON RECORDED EXEMPTION NO. 1469-35-1 RE-4487, A PART OF THE WEST 1/2 OF SECTION 35,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6TH P.M.,RECORDED ON DECEMBER 8, 2006 AT RECEPTION NO. 3440694, COUNTY OF WELD, STATE OF COLORADO. • • W0344059.3) -3- SKLD LG SKL10231 WE 3580600-2008 . 003 eRecorded in Weld County, CO Doc Id: 3580600 09/26/2008 04:49 P Receipt#: 7379218 Page: 4 of 4 Total Fee: $207.79 Steve Moreno, Clerk and Recorder • EXHIBIT B (Feedlot Parcel) 1. An easement to lay, construct,maintain, lower,inspect, repair,replace,relocate, change the size of,operate,and remove a pipe line,drips,pipe line markers, valves,launchers, receivers,cathodic equipment,test leads, and all appurtenances and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded October 31, 1974 in Book 726 at Reception No. 1647750. (affects Parcels Two and Eight) 2. An easement to lay, construct,maintain,lower,inspect,repair,replace,relocate,change the size of,operate, and remove a pipe line,drips,pipe line markers, valves, launchers, receivers,cathodic equipment,test leads, and all appurtenances and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded January 31, 1975 in Book 731 at Reception No. 1653176. (affects Parcels Two and Eight) 3. An easement to lay, construct,maintain,lower,inspect,repair, replace,relocate, change the size of,operate, and remove a pipe line together with the rights of drips,pipe line markers, valves, launchers,receivers,cathodic equipment,test leads and all appurtenances and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded January 26, 1984 in Book 1019 at Reception No. 01954195. (affects Parcels Two and Eight) • 4. Rights of way for county roads 30 feet wide on each side of Section and Township lines as established by order of the Board of County Commissioners for Weld County recorded October 14, 1889 in Book 86 at Page 273. (affects all parcels) 5. Terms, conditions,provisions,agreements and obligations specified under the Recorded Exemption No. 1469-35-1 RE-4487,which was recorded December 8,2006 at Reception No.3440694. (affects Parcel Two) 6. Reservation of mineral rights and rights of entry and of surface use as contained in Deed recorded September 11, 1905 in Book 233 at Page 5. NOTE: Surface Owner's Agreement recorded November 4, 1983 in Book 1012 at Reception No. 01946090. (affects Parcel Two) • (00344059.3) -4- SKLD LG SKL10231 WE 3580600-2008 . 004 eRecorded in Weld County,CO Doc Id:3580625 09/29/2008 10:58 A Receipt#:7379252 Page: 1 of 5 Total Fee:$27.50 Steve Moreno, Clerk and Recorder • After Recording Return To: John R.Heronimus,Esq. Dufford&Brown,P.C. 1700 Broadway,Suite 2100 Denver,Colorado 80290 SPECIAL WARRANTY DEED (Rule 1.2 Acre Parcel) THIS SPECIAL WARRANTY DEED is made this 25th day of September,2008 between LARRY SPENCER RULE AND CONNIE LOU RULE as joint tenants, Grantors, whose address is 600 County Road 21,Brighton,Colorado 80603,and ALF EQUINOX TODD CREEK VILLAGE NORTH,LLC,a Colorado limited liability company,Grantee,whose address is 9055 East Mineral Circle,Suite 200,Centennial,Colorado 80112. WITNESSETH, that for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged, Grantors have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the 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 by this reference. TOGETHER with all and singular the hereditaments 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, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained premises,with the hereditantents and appurtenances; AND TOGETHER WITH all of Grantors' right, title and interest in and to any and all • water rights appurtenant to and currently or historically used in conjunction with the above- described property, including, but not limited to, all of Grantors' interest in all groundwater rights whether tributary, non-tributary or not non-tributary water and water rights, well, well rights,and associated well permits,ditch and ditch rights,reservoir and reservoir rights including but not limited to Water Well Nos. 34842 and 22066(water wells for feedlot),and Water Permit Nos. 182488 and 225905 insofar as such water rights are located on or affect the Exhibit A property; AND TOGETHER WITH All Grantors' right,title and interest in and to any and all oil, gas and minerals, and all oil, gas and mineral rights, gravel and gravel rights and rights in producing and non producing wells underlying or upon said property, except as hereafter reserved by Grantor. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantors, for themselves, their successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons, entity or entities,claiming the whole or any part thereof by, through or under Grantors subject to rights of way, easements,mineral reservations,oil and gas leases,surface agreements, 100348487.21 -1- • SKLD LG SKL10231 WE 3580625-2008 . 001 eRecorded in Weld County,CO Doc Id:3580625 09/29/2008 10:58 A Receipt#:7379252 Page:2 of 5 Total Fee:$27.50 Steve Moreno, Clerk and Recorder • zoning regulations, and special district regulations of record including those exceptions shown on Exhibit B attached hereto and incorporated herein by this reference, and taxes and assessments for 2008 and subsequent years. RESERVING AND EXCEPTING from the foregoing conveyance any and all interests of the Grantor in royalties and royalty rights now owned by Grantor under oil and gas leases or related surface agreements currently encumbering the Exhibit A real property for so long as such oil and gas leases and related rights are held by production according to the terms of the oil and gas leases or related surface agreements. The foregoing royalties and royalty rights derived from oil and gas leases and related surface agreements which include but are not limited to the following insofar as they affect the Exhibit A property: Oil and Gas Lease dated December 4, 1969 and recorded January 26, 1970 under Reception No. 1541878, Oil and Gas Lease dated January 30, 1970 and recorded February 19, 1970 under Reception No. 1542846, Oil and Gas Lease dated January 26, 1970 and recorded March 5, 1970 under Reception No. 1543402, Oil and Gas Lease dated September 5, 1974 and recorded September 23, 1974,under Reception No. 1645335,and Surface Agreement dated October 4, 1983 and recorded November 4, 1983,under Reception No.01946090. IN WITNESS WHEREOF,the Grantors have herein subscribed their names as of the day and the year first above written. 12.01),L /242, cerrRAe CCC //0/GlY Connie Lou Rule STATE OF COLORADO • COUNTY OFA Cr-pc,,here_ SS. The foregoing instrument was acknowledged before me on this cP'3 day of r�¢/1- ,2008 by Larry Spencer Rule and Connie Lou Rule. NOTARY LIC My commission expires: (001486872) • SKLD LG SKL10231 WE 3580625-2008 . 002 eRecorded in Weld County,CO Doc Id:3580625 09/29/2008 10:58 A Receipt#:7379252 Page: 3 of 5 Total Fee:$2750 Steve Moreno, Clerk and Recorder EXHIBIT A • (Rule 1.2 Acre Parcel) THAT PART OF THE W 1/2 OF SECTION 35,TOWNSHIP I NORTH,RANGE 67 WEST OF THE 61H P.M.,WELD COUNTY,COLORADO,DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 00 DEGREES 20 MINUTES 10 SECONDS WEST ON AN ASSUMED BEARING ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 242.46 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST PARALLEL WITH THE SOUTH LINE OF SAID W 1/2 OF SECTION 35,A DISTANCE OF 215.59 FEET; THENCE SOUTH 00 DEGREES 20 MINUTES 10 SECONDS EAST A DISTANCE OF 242.46 FEET TO A POINT ON THE SOUTH LINE OF SAID W 1/2 OF SECTION 35; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 215.59 FEET TO THE POINT OF BEGINNING. NOTE: THIS IS THE SAME PROPERTY THAT IS SHOWN AS LOT B ON THE RECORDED EXEMPTION NO. 1469-35.3-RE-433 RECORDED DECEMBER 19, 1979 IN BOOK 890 AT RECEPTION NO. 1812435. • 100348487.21 -3- • SKLD LG SKL10231 WE 3580625-2008 . 003 eRecorded in Weld County,CO Doc Id:3580625 09/29/2008 10:58 A Receipt#:7379252 Page:4 of 5 Total Fee:$2750 Steve Moreno, Clerk and Recorder • EXHIBIT B (Rule 1.2 Acre Parcel) 1. An oil and gas lease,executed by Noel Hubert,Sr.and Paula Hubert,also known as Paula L.Hubert as lessor(s)and by Tom Vessels as lessee(s),for a primary term of 5 years,dated February 26, 1970,recorded May 5, 1970 under Reception No. 1543402,and any and all assignments thereof or interests therein. 2. An undivided 1/2 of all existing oil,gas and mineral rights as reserved in Agreement for Sale and Purchase recorded September 21, 1970 in Book 633 at Reception No. 1554947. 3. All other mineral,oil and gas rights or interests whatsoever as reserved by Noel Hubert,Jr. also blown as Noel J.Hubert,Jr.and Sharon J.Hubert in Deed recorded December 17, 1979 in Book 890 at Reception No. 1812105. 4. An easement to lay,construct,maintain,lower,inspect,repair,replace,relocate,change the size of,operate and remove a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded April 29, 1975 in Book 737 at Reception No. 1659213. 5. Terms,conditions,provisions,agreements and obligations specified under the Recorded Exemption No. 1469-35-3-RE-433 part of the West one-half of Section 35,Township I North,Range 67 West of the 6th P.M.,which was recorded December 19, 1979 in Book 890 at Reception No. 1812435. 6. Reservation of all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered,including without limiting the generality of the foregoing, coal,oil and gas and rights thereto,together with the sole,exclusive and perpetual right to explore for,remove and dispose of,said minerals by any means or methods suitable to the party of the first part,its successors and assigns,including the right of access to,and use of, • such parts of said described lands,upon or below the surface thereof,as may be necessary or convenient for any purpose in connection with exploration for,removal,storage, disposition,and transportation of,said minerals and the deposit of tailings;and together also with the perpetual right to remove the subjacent support from the surface of the lands (except such as is necessary for the support of permanent structures erected thereon prior to the time such right is exercised)without thereby incurring any liability whatsoever for the damage so caused,as reserved in Deed recorded September 21, 1970 in Book 633 at Reception No. 1554948. NOTE Request for Notification of Surface Development recorded May 28,2002 at Reception No.2954701,October 15,2007 at Reception No.3511023 and December 21, 2007 at Reception No.3525268. 7. Rights of way for county roads 30 feet wide on each side of Section and Township lines as established by order of the Board of County Commissioners for Weld County recorded October 14, 1889 in Book 86 at Page 273. (00348487.1) • SKLD LG SKL10231 WE 3580625-2008 . 004 eRecorded in Weld County,CO Doc Id:3580625 09/29/2008 10:58 A Receipt/A:7379252 Page:5 of 5 Total Fee:$27.50 Steve Moreno, Clerk and Recorder • 8. Subject to the effect of the Notice of General Description of Area Sewed by Panhandle Eastern Pipe Line Company Concerning Underground Facilities recorded June 26, 1986 in Book 1117 at Reception No.02058722. 9. Subject to the effect of the Notice Concerning Underground Facilities of United Power, Inc.recorded January 24, 1991 in Book 1288 at Reception No.02239296. • {0034848227 _5_ • SKLD LG SKL10231 WE 3580625-2008 . 005 eRecorded in Weld County, CO Doc Id: 3580602 09/26/2008 04:49 P Receipt#: 7379220 Page: 1 of 8 Total Fee: $211.10 Steve Moreno, Clerk and Recorder • After Recording Return To: John R Heronimus,Esq. Dufford&Brown,P.C. 1700 Broadway,Suite 2100 Denver,Colorado 80290 SPECIAL WARRANTY DEED DR.fit---110C,. ID (Spencer and Connie Rule Parcels) THIS SPECIAL WARRANTY DEED is made this 25th day of September, 2008 between LARRY SPENCER RULE AND CONNIE L. RULE (aka Connie Lou Rule) as joint tenants, Grantors, whose address is 600 County Road 21, Brighton, Colorado 80603, and ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC, a Colorado limited liability company, Grantee,whose address is 9055 East Mineral Circle, Suite 200, Centennial, Colorado 80112. WITNESSETH, that for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged, Grantors have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the 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 by this reference. TOGETHER with all and singular the hereditaments 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, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; AND TOGETHER WITH all of Grantors' right, title and interest in and to any and all water rights appurtenant to and currently or historically used in conjunction with the above- described property, including, but not limited to, all of Grantors' interest in all groundwater rights whether tributary, non-tributary or not non-tributary water and water rights, well, well rights, and associated well permits, ditch and ditch rights, reservoir and reservoir rights including but not limited to Water Well Nos. 34842 and 22066 (water wells for feedlot), and Water Permit Nos. 182488 and 225905 insofar as such water rights are located on or affect the Exhibit A property; AND TOGETHER WITH All Grantors' right, title and interest in and to any and all oil, gas and minerals, and all oil, gas and mineral rights, gravel and gravel rights and rights in producing and non producing wells underlying or upon said property, except as hereafter reserved by Grantor. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantors, for themselves, their successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or • persons, entity or entities, claiming the whole or any part thereof by, through or under Grantors subject to rights of way, easements, mineral reservations, oil and gas leases, surface agreements, X003^^057.31 -1- SKLD LG SKL10231 WE 3580602-2008 . 001 eRecorded in Weld County, CO Doc Id: 3580602 09/26/2008 04:49 P Receipt#: 7379220 Page: 2 of 8 Total Fee:$211.10 Steve Moreno, Clerk and Recorder • zoning regulations, and special district regulations of record including those exceptions shown on Exhibit B attached hereto and incorporated herein by this reference, and taxes and assessments for 2008 and subsequent years. RESERVING AND EXCEPTING from the foregoing conveyance any and all interests of the Grantor in royalties and royalty rights now owned by Grantor under oil and gas leases or related surface agreements currently encumbering the Exhibit A real property for so long as such oil and gas leases and related rights are held by production according to the terms of the oil and gas leases or related surface agreements. The foregoing royalties and royalty rights derived from oil and gas leases and related surface agreements which include but are not limited to the following insofar as they affect the Exhibit A property: Oil and Gas Lease dated December 4, 1969 and recorded January 26, 1970 under Reception No. 1541878, Oil and Gas Lease dated January 30, 1970 and recorded February 19, 1970 under Reception No. 1542846, Oil and Gas Lease dated January 26, 1970 and recorded March 5, 1970 under Reception No. 1543402, Oil and Gas Lease dated September 5, 1974 and recorded September 23, 1974, under Reception No. 1645335, and Surface Agreement dated October 4, 1983 and recorded November 4, 1983, under Reception No. 01946090. IN WITNESS WHEREOF, the Grantors have herein subscribed their names as of the day and the year first above written. N • Sp ncer le onnie L. Rule(aka Connie Lou Rule) STATE OF COLORADO ) / )ss. COUNTY OF/ro c h o X ) SThe foregoing instrument was acknowledged before me on this c,7. day of ep,- ,2008 by Larry Spencer Rule and Connie L. Rule(aka Connie Lou Rule). CLIC My commission expires: Iil • (00344057.3) _2_ SKLD LG SKL10231 WE 3580602-2008 . 002 eRecorded in Weld County, CO Doc Id: 3580602 09/26/2008 04:49 P Receipt#: 7379220 Page: 3 of 8 Total Fee: $211.10 Steve Moreno, Clerk and Recorder • EXHIBIT A (Spencer and Connie Rule Parcels) PARCEL FOUR(as designated on Fidelity Title Commitment#F207619,Revision 7): ALL THAT PART OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6TH P.M.,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 26 AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26 AS BEARING SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER 1,052.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF THE NORTHEAST QUARTER SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 1,594.52 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 26; THENCE SOUTH 00 DEGREES 13 MINUTES 22 SECONDS WEST,ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 26, A DISTANCE OF 2,645.36 FEET TO THE CENTER CORNER OF SAID SECTION 26; • THENCE SOUTH 89 DEGREES 53 MINUTES 08 SECONDS EAST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 26, A DISTANCE OF 825.00 FEET TO A POINT WHICH IS 1,806.06 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 26; THENCE NORTH 7 DEGREES 30 MINUTES 02 SECONDS EAST, 193.51 FEET; THENCE NORTH 2 DEGREES 15 MINUTES 24 SECONDS EAST, 357.85 FEET; THENCE NORTH 29 DEGREES 13 MINUTES 40 SECONDS EAST,429.55 FEET; THENCE NORTH 40 DEGREES 07 MINUTES 18 SECONDS EAST,349.17 FEET; THENCE NORTH 70 DEGREES 53 MINUTES 14 SECONDS EAST, 141.55 FEET; THENCE NORTH 54 DEGREES 12 MINUTES 31 SECONDS EAST, 88.31 FEET; THENCE NORTH 29 DEGREES 10 MINUTES 23 SECONDS EAST, 312.61 FEET; THENCE NORTH 1 DEGREES 22 MINUTES 00 SECONDS WEST, 177.68 FEET; THENCE NORTH 32 DEGREES 17 MINUTES 22 SECONDS WEST, 172.52 FEET; THENCE NORTH 3 DEGREES 20 MINUTES 00 SECONDS EAST, 762.57 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 26 AND THE TRUE POINT OF BEGINNING EXCEPTING ANY PORTION THEREOF LYING WITHIN PARCEL CONVEYED IN WARRANTY DEED RECORDED JULY 10, 1997 IN BOOK 1615 AT RECEPTION NO. 2557342, SAID PARCEL FOUR ALSO SHOWN AS LOT B ON RECORDED EXEMPTION NO. 1469- 26-1-RE1898 PART OF THE NORTHEAST ONE-QUARTER SECTION 26, TOWNSHIP 1 • 0o344os7.3l -3- SKLD LG SKL10231 WE 3580602-2008 . 003 eRecorded in Weld County, CO Doc Id: 3580602 09/26/2008 04:49 P Receipt#: 7379220 Page: 4 of 8 Total Fee:$211.10 Steve Moreno, Clerk and Recorder • NORTH,RANGE 67 WEST OF THE 6TH P.M. RECORDED SEPTEMBER 11, 1996 IN BOOK 1566 AT RECEPTION NO. 2510456, COUNTY OF WELD, STATE OF COLORADO. PARCEL FIVE(as designated on Fidelity Title Commitment#F207619,Revision 7): BEGINNING AT THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M.; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 35, 3,001.7 FEET TO THE INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE BOULDER BRANCH OF THE UNION PACIFIC RAILROAD, SAID RIGHT OF WAY BEING 200 FEET DISTANT SOUTHWESTERLY FROM THE CENTER LINE OF SAID RAILROAD WHEN MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND PARALLEL WITH SAID CENTER LINE OF SAID RAILROAD,710 FEET TO THE INTERSECTION OF THE EAST AND WEST CENTER LINE OF SAID SECTION 35; THENCE EAST ALONG SAID CENTER LINE OF SAID SECTION 35 ALSO BEING THE RIGHT OF WAY LINE OF SAID RAILROAD, 291.7 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD WHICH IS 50 FEET DISTANCE SOUTHWESTERLY FROM THE CENTER LINE OF SAID RAILROAD WHEN MEASURED AT RIGHT ANGLES THERETO; • THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND PARALLEL WITH SAID CENTER LINE OF SAID RAILROAD, 487.7 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE W1/2 OF THE SW 1/4 OF SAID SECTION 35; THENCE SOUTH ALONG SAID EAST LINE 2,391.1 FEET TO THE SOUTH LINE OF SAID SECTION 35; THENCE WEST ALONG SAID SOUTH LINE 1,320 FEET TO THE POINT OF BEGINNING, EXCEPT ANY PORTION THEREOF LYING WITHIN LOT A ON RECORDED EXEMPTION NO. 1469-35-03 RE-4462,A PART OF THE WEST 1/2 OF THE WEST 1/2 OF SECTION 35, TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6TH P.M.,RECORDED ON JANUARY 24, 2007 AT RECEPTION NO. 3450532; AND ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: THAT PART OF THE W 1/2 OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M.,COLORADO DEFINED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 00 DEGREES 20 MINUTES 10 SECONDS WEST ON AN ASSUMED BEARING ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 242.46 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST PARALLEL WITH THE SOUTH LINE OF SAID W 1/2 OF SECTION 35,A DISTANCE OF 215.59 FEET; • (00344057.3) -4- SKLD LG SKL10231 WE 3580602-2008 . 004 eRecorded in Weld County, CO Doc Id: 3580602 09/26/2008 04:49 P Receipt#: 7379220 Page: 5 of 8 Total Fee: $211.10 Steve Moreno, Clerk and Recorder • THENCE SOUTH 00 DEGREES 20 MINUTES 10 SECONDS EAST A DISTANCE OF 242.46 FEET TO A POINT ON THE SOUTH LINE OF SAID W 1/2 OF SECTION 35; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 215.59 FEET TO THE POINT OF BEGINNING; SAID PARCEL FIVE BEING A PORTION OF LOT "A"AS SHOWN ON RECORDED EXEMPTION NO. 1469-35-3-RE-433,A PART OF THE WEST ONE-HALF OF SECTION 35,TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M.,RECORDED DECEMBER 19, 1979 IN BOOK 890 AT RECEPTION NO. 1812435; SAID PARCEL FIVE ALSO BEING A PORTION OF LOT B AS SHOWN ON RECORDED EXEMPTION NO. 1469-35-03 RE-4462,A PART OF THE WEST 1/2 OF THE WEST 1/2 OF SECTION 35, TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6TH P.M.,RECORDED ON JANUARY 24,2007 AT RECEPTION NO. 3450532, COUNTY OF WELD, STATE OF COLORADO. PARCEL SIX(as designated on Fidelity Title Commitment#F207619,Revision 7): ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF UNION PACIFIC RAILROAD COMPANY IN THE NW 1/4 OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M.,EXTENDING SOUTHEASTERLY FROM THE WEST LINE TO THE SOUTH LINE OF SAID NW 1/4 • AND LYING BETWEEN THE CENTER LINE OF THE MAIN TRACK OF SAID RAILROAD COMPANY, AS FORMERLY CONSTRUCTED AND OPERATED, AND A LINE PARALLEL WITH AND 200 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE OF MAIN TRACK, ALSO ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF SAID RAILROAD COMPANY IN THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 35, EXTENDING SOUTHEASTERLY FROM THE NORTH LINE TO THE EAST LINE OF SAID NW 1/4 OF THE SW 1/4 AND LYING BETWEEN THE CENTERLINE OF THE MAIN TRACK OF SAID RAILROAD COMPANY,AS FORMERLY CONSTRUCTED AND OPERATED,AND A LINE PARALLEL WITH AND 50 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES AND/OR RADIALLY,FROM SAID CENTER LINE OF MAIN TRACK, EXCEPTING THEREFROM, ANY PORTION THEREOF LYING WITHIN LOT A ON RECORDED EXEMPTION NO. 1469-35-03 RE-4462,A PART OF THE WEST 1/2 OF THE WEST 1/2 OF SECTION 35, TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6TH P.M., RECORDED ON JANUARY 24, 2007 AT RECEPTION NO. 3450532, COUNTY OF WELD, STATE OF COLORADO. • (00344057.3) -5- SKLD LG SKL10231 WE 3580602-2008 . 005 eRecorded in Weld County, CO Doc Id: 3580602 09/26/2008 04:49 P Receipt#: 7379220 Page: 6 of 8 Total Fee: $211.10 Steve Moreno, Clerk and Recorder • EXHIBIT B (Spencer and Connie Rule Parcels) 1. Right of way for County Road No. 23 and County Road 6 as evidenced on Recorded Exemption No. 1469-26-1-RE-215 recorded July 22, 1976 in Book 772 at Reception No. 1694272 and amended July 11, 1988 Book 1202 at Reception No. 2147506. (affects Parcels Three and Four) 2. 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 December 13, 1895 in Book 51 at Page 299, and any and all assignments thereof or interests therein. (affects Parcels Three and Four) 3. An easement for electrical transmission lines and incidental purposes granted to The United States of America by the instrument recorded January 31, 1951 in Book 1293 at Page 459. (affects Parcels Three and Four) 4. An oil and gas lease,executed by Norman Moser and Elizabeth Moser as lessor(s)and by Tom Vessels as lessee(s), for a primary term of 5 years,dated January 30, 1970,recorded February 19, 1970 under Reception No. 1542846,and any and all assignments thereof or interests therein. (affects Parcels Three and Four) • NOTE: Extension of the above lease recorded November 29, 1974 in Book 727 at Reception No. 1649403. 5. An easement to construct,reconstruct,rephase,repair,operate and maintain an electric transmission and/or distribution line and incidental purposes granted to Union Rural Electric Association, Inc.by the instrument recorded December 19, 1985 in Book 1096 at Reception No.02036424. (affects Parcels Three and Four) 6. An easement to lay,construct,reconstruct,replace,repair, maintain,operate,change the size of,increase the number of, and remove pipelines and incidental purposes granted to Platte Gas Line Company by the instrument recorded January 20, 1989 in Book 649 at Reception No. 02168515. (affects Parcel Four) 7. An easement for constructing,operating, inspecting,maintaining,protecting,marking, repairing,replacing, changing the size of and removing a pipeline or pipelines and incidental purposes granted to Vessels Hydrocarbons,Inc.by the instrument recorded March 20, 1997 in Book 1597 at Reception No. 2538871. (affects Parcel Four) • (00344057.3) -6- SKLD LG SKL10231 WE 3580602-2008 . 006 eRecorded in Weld County, CO Doc Id: 3580602 09/26/2008 04:49 P Receipt#: 7379220 Page: 7 of 8 Total Fee: $211.10 Steve Moreno, Clerk and Recorder • 8. An easement to survey,construct,install, inspect, maintain,renew,repair,remove,replace and operate a pipeline and incidental purposes granted to KIN Wattenberg Transmission LLC by the instrument recorded September 4, 1988 at Reception No.2638329. (affects Parcel Four) 9. Terms,conditions,provisions,agreements and obligations specified under the Recorded Exemption No. 1469-26-1-RE1898,which was recorded September 11, 1996 in Book 1566 at Reception No.2510456. (affects Parcel Four) 10. An oil and gas lease, executed by Noel Hubert, Sr. and Paula Hubert,also known as Paula L. Hubert as lessor(s)and by Tom Vessels as lessee(s),for a primary term of 5 years, dated February 26, 1970,recorded May 5, 1970 under Reception No. 1543402, and any and all assignments thereof or interests therein. (affects Parcels Five and Eight) II. An undivided 1/2 of all existing oil,gas and mineral rights as reserved in Agreement for Sale and Purchase recorded September 21, 1970 in Book 633 at Reception No. 1554947. (affects Parcels Five and Six) 12. All other mineral,oil and gas rights or interests whatsoever as reserved by Noel Hubert,Jr. also known as Noel J. Hubert,Jr. and Sharon J.Hubert in Deed recorded December 17, 1979 in Book 890 at Reception No. 1812105. (affects Parcels Five and Six) • 13. An easement to lay,construct, maintain, lower,inspect,repair,replace,relocate,change the size of, operate and remove a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded April 29, 1975 in Book 737 at Reception No. 1659213. (affects Parcels Five and Six) 14. Terms, conditions,provisions, agreements and obligations specified under the Recorded Exemption No. 1469-35-3-RE-433 part of the West one-half of Section 35, Township 1 North,Range 67 West of the 6th P.M.,which was recorded December 19, 1979 in Book 890 at Reception No. 1812435. (affects Parcels Five and Six) 15. Reservation of all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered,including without limiting the generality of the foregoing, coal,oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for,remove and dispose of, said minerals by any means or methods suitable to the party of the first part,its successors and assigns, including the right of access to,and use of, such parts of said described lands,upon or below the surface thereof,as may be necessary or convenient for any purpose in connection with exploration for,removal,storage, disposition,and transportation of,said minerals and the deposit of tailings;and together also with the perpetual right to remove the subjacent support from the surface of the lands (except such as is necessary for the support of permanent structures erected thereon prior to • 100344057.3) -7- SKLD LG SKL10231 WE 3580602-2008 . 007 • eRecorded in Weld County, CO Doc Id: 3580602 09/26/2008 04:49 P Receipt#: 7379220 Page: 8 of 8 Total Fee: $211.10 Steve Moreno, Clerk and Recorder • the time such right is exercised)without thereby incurring any liability whatsoever for the damage so caused,as reserved in Deed recorded September 21, 1970 in Book 633 at Reception No. 1554948. NOTE: Request for Notification of Surface Development recorded May 28,2002 at Reception No. 2954701. (affects Parcels Five and Six) 16. Rights of way for county roads 30 feet wide on each side of Section and Township lines as established by order of the Board of County Commissioners for Weld County recorded October 14, 1889 in Book 86 at Page 273. (affects all parcels) 17. Excepting the water rights as conveyed to the Todd Creek Farms Metropolitan District No. 1 Water Activity Enterprise Leasing Trust 2006 recorded July 19,2007 at Reception No. 3491447. (affects Parcel Four) 18. Terms,conditions,provisions,agreements and obligations specified under the Recorded Exemption No. 1469-35-03 RE-4462,which was recorded January 24, 2007 at Reception No. 2450532. (affects Parcel Five) • • (00344057.3) -8- SKLD LG SKL10231 WE 3560602-2008 . 008 Appindix F . Company Name '.'. Name. Phone Is Street Address City,ST ZIP Code Legal Descnplioes Notes MINERAL OWNER:SEC(s)21,27,35 OPERATOR SEC(s)21.26,27,28,35 LEASEHOLD INT PR WELLS Also under Kerr-McGee Oil&Gas Onshore LP Also under RME Petroleum Company,@la Union Anadarko Petroleum Corporation Matt Miller-Landman Manage (720)9266000 109918th SL Suite 1000 Denver,CO 80202 TINR6IW SEC(s)21_26,27,28.35 Pacific Resources Company and RME Land Corp, Nancy McDonald-Sr.Landman Ibtla Union Pacific Land Resources Corp..do Anadarko Petroleum Corporation,Woodards, TXAddltloral Contact Info: 0/0 TRAVIS HOLLAND PROPERTY TM. PO BOX 173712 DENVER,CO 007173779 OPERATOR:LEASEHOLD INT PR WELLS Kevin P.Kauffman CEO KP OPERATOR:SEC(s)2127,28,34 Kwllran®kEkwn Additional Contact Info: K PKauMnan Conpeny,Mc Gor /0d-Exec VP (3031825-4822 1675 Broadway,Suite 2800 Denver,6080202 T1 NF61W'.SEC(s)21,26,27.28.35 KE ANDREWS BCOMPAProtestly Protest Tao gi galatl®IWk.om 3615 S HURON ST STE 200 ENGLEW000,CO 80110 OPERATOR'.LEASEHOLD INT PR WELLS Al Bolen•Land Manager OPERATOR:SEC(s)21 Dave Padgett-Land Manager, Additional Contact Info. Noble Energy,Inc. WnAmberg (303)725-4000 1625 Broadway,Suite 2000 Denver,CO 80202 T1N-R61W Sec.21 K E ANDREWS&COMPANY Properly Tax dpadgett@nobleenergyinc ouan 36155 HURON ST STE 200 ENGLEWOOD,0080110 TIN R67W Sac:21 SESE 0&C Fanris,LLLP (720)2380054 8709 WCR4 Brgttan,CO 80601 TIN-R61W Sec.26N25W, Sec 28 ALL Lary Rol (303)9081701 982 Weld County RD 21 Brighton.CO 80601 TIN-R67W Sec 26S2SW Tmslees'. HOWARD O GARY Oiled EHoward Trust (903)659.0532 8109 WCR 4 Brgtllm,CO 80603 TIN-1287W Sec:26 N3SW,Sec 28 ALL HOWARD DONALD GARY cle Card C.Howard HOWARD JOHN EDWARD HOWARD JOHN E HOWARD MARLA SUE Norman Moser (303)536-4648 22468 WOK 30 Hudson.CO80642 TtNR6RY Sec 26 OPERATOR:LEASEHOLD INT PR WELLS Eocene 0i 8 Gas(USA)Ms. Oars))Henke (303)623-2300 37017th SI..Suite 1100 Denver.CO80202 TINR6IW Sec:262634 OPERATOR:SECS)26.28,34 MINERAL OWNER 5EGs128 JwsepM1 A.Rider Na 3313 Lowell Lane Ere,CO 80516 ilN RfiiW Sac: Pt.NW OPERATOR:LEASEHOLD IM PR WELLS NDMAmerir.-en Resources Company (303)861-2648 1313 Denver Ave.)11 Ft.Lupton.CO80621 TIN-967W Sec'26,34 OPERATOR:SEC(s)2634 Deutsche Bank Naionel Trust Company formerly known as Bankers Toast Company of California. N A..as Trustee for Long Beach Mortgage Trust 2001.2,by Wash'mglsn Mutual Bank,as (818)344-5511 10385Weslmwr Dr'e,Suite 100, Westminster,CO 80021 TIN-1261W Sec.26 Pt NW Attomey.in Fact,having an address at do FIS Asset Management Solutions Aka Fidelity National Asset Management Solute s. T 1367W Sec:Pudic Sent o Company of Colorado 55015th Skeet Denver,CO80202 sec34alonNw SW. sec 34 P1.NWNW Taxall Farms 773 County Rd A Brighton,CO 80603 TINR67W Sec 20E2SW Harriet W.Lucke No 188281014 Dr. Said Albans.NY 11412 TIN-86115'Sec:28 W2SW Malone Fisher (303)278-8047 15331 Archer Dr. Golden,CO 80401 1:1N-R67W Sec.28 W2SW Elilabet Wdsli (303)604-0388 t221 Richards CL Erie.CO80516 TIN-1557W Sec.29W2SW Chades Williams (970)3752513 19 Sanctuary Ln Durango,CO 81301 TIN-1387W Sec.28 W2SW Robed Williams (303(343-1469 146916th Place CL Aurora,0080010 TINRfi1W Sec 28 W2SW Frances Swain (405)427-0525 1147 Grand Blvd. Oklahoma City,OK 73117 T1N-R6IW Sec 28 W2SW Lorraine Frost (303)985-9001 824 Hoyt St Lakewood,CO 80226 T1 N-R67W Sec:28 W2SW Patrick O'Connor (540)384-6916 231 RR H 231 Fairmont.An/26554 TINRWW Sec:28 W2SW Geraldine Duffy (303)4281695 9756 Hooker CL Weshninsler,0080031 TINR67W Sec:28 W2SW Eugene OConner (631)668-5994 25401 Pinewood Dr. Sun Lakes.AZ 85248 TIN-R67W Sec.28 W2SW Edward Swan (863)680.3170 2206 Patterson St Lakeland,FL 33815 TI N-R61W Sec 28 W2SW Marcum Midstream do Conquest OIL (970)506-0139 0207W.20th SL Suite B Greeley.CO 80634 PR-ROM Sec.28 PT SE Arnold Grenmryer (970)659-3351 9738 WCR 84 BrgM1lon.CO 80601 TIN-R67W Sa.34 PT.N2 Edwin G.Grenersyer (303)833-3498 4004 CR 913 Dawn,CO 80514 T1 NR67W Sec 34 PT.N2 John F.Myer 1303)237-2127 5600 Kalspill St. Naora.CO80015 TIN-ROM Sec.34 PT.N2 OPERATOR.LEASEHOLD INT PR WELLS Also under Merit Energy Partners and Merit Management Partners Merit Energy Company Abhye Hazeldean (972)701 8377 13727 Noel Road Suite 500 Dallas,TX 75240 T1N-R67W Sec 35 S2 Addibonel Contact Info. K E ANDREWS 6 COMPANY-Property Tan 3615 S HURON ST STE 200 ENGLEW00D,CO 80110 4 John FRock (303)659.2431 0216th Ave. Brighton,CO 80601 TIN-R67W Sec 35 EOSW Noel Hubert (303)255-9777 12142 Melody Dr Denver,0080234 TIN-ROAN Sec 35 W2SW Paula Hobert (/81(8286610 2Sorry Brook Lane Canyon,MA80201 TIN-1767W Sec:35 W2SW Larry Rule (303)659-3532 982 Weld County RD 21 Brighton CO 80601 TI N-RWW Sec 35 PT.of SW Dry Creek RUA 073009 Mineral OwnersOperalors I. VP)xis Page 1 of 1 Hello