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s sanlls± irothid'ad'ak`wdea mcd h•'his of the luu �'x i. „f
of dr Staael Colorado at the a.nedpa r * �-
WTfIILfaT$Tho Saimaa' eaeddesieefaitpa�of } � I� T'.
- - Ton Dollars ead'other good endwalueble xliaideratfon * e?' am r
i the oN p nr of t e the pert S hisktei by the cold oili4I 4er'aend.sarnib.ra h4`nhuraL�*"
esfwd aeisoae.ledpd, deepest;-4 epasd.sold ace-w*e•c,i0*— emab-der,�Zt:-r.
sell,e►evq and e►ata.:tat►the cold-.p,y of the aeo.d.r".*aixaw►sad°iedaasfaint,el AWASISiae `
dawned or ppeed s of ho,dome Whin Wa i<W ;:-Coat'of Weld'
a►d Stue of Coleaada.ta�it:
1Ttia aoirtha'seono,quartee (NB-1/4) and Southwestleorquarter (SE.'lIL1
of Section 8; the.North..one-halt (N-112) Of Section.9;the South ccc--
half (S-1/2) of Section'.4;. the South one-halt(s-1/2) of'theillibrthesst
oat-quarter Qi8-1/4)e the South one-bolt CS.1/2)s of.the Wo th a2104*a '
(N-1/2)of the Northeast onequarter (88-1/4).e,the South: (S:-P(2)- ,
of the,Northeast.':onequarter (NL--1/4),of the-oeit uest _v...t-- east-1 4)
and the Southeast One-quarter (SL-1/4)of them.ionth east aeCf4�gaatarlFt-1f4);,
'all fa:Section 1St: the 0ast:one-half (S-1/2).enda the.North ru s-bait"a.1l).
of the Northeast one-quarter (NW-1/4):onteetion 10; the Nort wan*nice- 4q.
quarter oak-114)::.of Section 17;. a1 of Section 3;..all 11„'ai# of
Section=15; the Sent on-hilt„-(t-in)-3,end`'the.Noethfiest gaatsr (V.4-1/4
of Sectioe 2, end that weal.,of land'located,in-the Northeastone-quarte v,
v,
'(NL-1/4) of the Souehesst ona-quarter'(SE-i/4)of Sectin 7Ettote peeefa 1 y
•described as followsi '' �' sent o- �, +..,>,�
• : . CutaeaeinS;st the Bast one-quarter (E-l/4) oSS +e
North, age•66 West„than west in the Letae ifeec.a ao/,s y fi.*
1/A) line of said Sect Sort 71 68 feet'to tbs Bassthlii4 -.f i s , O
n
• of the m Loi 'Paeifia Sailwy Componp., es thoo Swthasrt4 Eo%riiinsn
of said'ripht of-wey to'a point maths Lost line of."saia Seaaienl7'a:41S :
• South of'aid Last one-quarter(L-1/4) corac`06 seal lactten; heae�.North-
along the gat-line ot said Section 7.415 alre 'the place ofrbagireti. . i
on of the above desaribn-property being IeateLi ia'Team hi'p 2'Noreh.
e 66 Vast of".the 6th F:at.►
The not oed-belt-(5-112).,tin louthvat one-quarter (Sa-t/4)e sad.t fist
one-halt (g-1/2)of the.Lest one-halt:(t-1/2) of-the`aerthe nt otte-quasset r
. : pfhl 4) of Secties 35.T Lp 3'Seth.`tags 66 Vest of t 6eh��t.IL. k
together with all drainage,-ditch:and aoteetlettenppenatonte4i0nlit land ti` -
:. including 141 shares of the Pulton Irrigating;,Ditch "aen y..3-1*shares
of that Platteville Irrigating and XilIint Company. ac 32-shares of'the
neless Itutsosta-pita and Reservoir Coepesy. ,
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TOGETHER. with all sad sonar the lweditsmats add sppartensaea rieretelo belongs& re snare
appertaining,and the reunion and reversion. remainder and remainders,rents,ones and profits domed;sad all
the estate,right,title,interest claim and demand whatsoever d the said part of the first part.eiders to law a
'malty.of,L and to the shove bargained prmhes,with the hereditament,zed appmleeaeae
TO HAVE AND.TO HOLD the said premises above bargained and destribed,with the eppmlmaew onto the
said party of the second part,its successors and assigns forever.And the said The Ions Etsveetrnt Cowan,
pay of the first part for itself.its suaeeaoes and assigns.dotb-coveant,grant,lwsp[s-and WS.la Sad wit-the
said pest of the second part.its summon sad assigns,that at the time:ci the gas 'g sat dawn c these ge_
sat•Iris well ached of the premises-above conveyed,as of good.sun..perfect,ehealia sod ea...aa estate eE-
inheritance, is law, in fee simple.and:bats goat eight. full pews sad lawful all**la gnat hsagaS,sal.and.
1 convey the same in manner sad.form'aforesaid.:sad that.the same:are ha sad Ulm free ell fauna sat other:
i gnats.bargains,tales.Rena Lan.a asmeeta sad hee®tsuaces of whatever Had a.sate woven except
mineral and other reservations contained in patents and deed,, &saeeaness rights
of-ways. conveyances to The Department of Highways and conveyances for ditches,
all being f of record. and except real property taxes for 196E and subsequent years
WS_IIi g e sg°E °g Tfl p}�= 'of Orley. Tnutee,
to. t i dig gnat raeesr, Imassomom -1 p �pl at ihn ataad Ps*is woe
metes and:assigns against all and every pane.or permitsLawfully elabbe or to the whole a auy pert
thereof,the esid pay of the first part shall sad will WARRANT AHD FOREVER DEFEND.
IN FATNESS WHEREOF.The said party of the first part bath nand Ito corporate mame to be hereunto sob-
settled by its pcWdat:sad is corporate seal be be hereto-alfixed.aless4il hr ha
nareay,the.day and year first above written. ".�
Attest: THE was 1 -`fAlSeNY legeterewss. ri.�Y"yaw..o 0)
STATE OF COLORADO. ,�ud ,si
City and Denver iJtae �r�r t�dr
The foregoing humameat veer seMmwledied.blot me this /$:I• day •of June:ec.!-Y 1w. a*
• 19 68 .tax. Ceorge A. Cemon ✓..�a.Ye s
"AL A.1f"'•• Brown w. Canaan a , S.rilas d •
s!4`f fti lont'.0 stment Company, a Colorado corporation. a MMi!om
goo -.,.% My sons!caemisdee espies Jo..y rg '27/ _
t e, ,Acs•'
4 Witaaemy 6aad sa�� ""` "
a ,U6V�� ?te •r •
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_ RI= ALL a j BY -SE5G ea2sEEITE, that teilE LAM
r
AND CATTLE CC428a'"f, a Colorado corteration having an
co
A. address at Route 62, 3tz 184, Fort Lupton, in the State
of Colorado, hereinafter referred to as "Grantor" (whether
one or mate), in consideration of One (S1.00 Dollar, to
it, in hand paid, receipt of which is hereby acknowledged,
and the further consideration of Three `$3.CO) Dollars per
L., linear rod, to be paid before the pipe line hereinafter -
snatifien au Laid does hereby grant and convey
manta PAie-
-�Faa a flSflRN PIPE LEE COMPANY, a Delaware Corporation, 1
havin; as office in Ranges City, Missouri, its scacesoors -A
• and assigns, hereinafter referred to as "Grantee", a YLiebt-
os-Way, not to exceed more than Fifty (50) feet in width,
2
to lay, construct, maintain, alter, inspect, repair, re-
place, operate, and remove a pipe line, pipe line markers,
cathodic equipment, teat leads, and all appurtenances con- 3
venient for the maintenance and operation of said line and
for the transportetion of oil, gas, or other eebstanees
e
therein, under, on, over and through the premises here-
after described, and the grantee is granted the right of
ingress and egress, to, on, free and peer the following
described premises for the purposes aforementioned in the
City of Weld in the State of Colorado, to-wit;
The W/2 of Section 11; the W/2 of Sect—lb 2;
the SE/4 of Section 10; the E/2 of Secs .,n t5;
the SW/4 of Sectiar 8, all in Township 2 *North,
Range 56 West of the 6th P.M., and the SW/4;
}E/4; E/2E/2 of the NW/4 of Section 35, in
Tpsmship 3 Worth, Range 56 West of. the 5th
P.M.
g_ Pipeline No, 16-10.075..02 — Pineline No, 16.10-015-04
iin, 16-10-075-P7,
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TO RAVE AHD TO HOLD said ascent₹, rights, and
right-of-Way unto "» said PANHANDLX PsAST&P PIPS LINE
rt1ecppNV, its successors and assigns, ,
II' Grantee to have the right to select the route
of the pipe line herein authorized to be laid under, upon,
over and through the abore described premises. All pipe
g.
e rtallea eageenann shall be b`usIed a eie4mm. of Sorry Tun
(42) inches, except that the pipe, lime laid under irrt-
I sated land shall be buried a minimum depth of Sixty (60)
i aches yubsurtace to the Oo 4rc.!f ipe- Granter shall
not place anything over or so close to any pipe line or
other facility of Grantee as will be likely to interfere
• I
with Grantee's access thereto by use of sluiynent or means
ci_bonarily employed in the maintenance of pipe lines nor
intentionally cause the original cover on-, any pipe line
to be reduced below whichever is the greater of a minimum
cover of two (z) feet c-r below the miai>num cover required
at any time by any applicable pipe line-safety code. All
damage to land, improvements, growing crepe, drainage
Ireservoirs, ditches, fluxes, irrigation systems, reads,
traea, fences, gates and cattle guards of Grantor oc- -
casioned by the construction, operation, maintenance or
repair of any of the facilities herein-authorized to be
maintained and operated by Grantee shall be paid by Gran-
gtee after the damage is done, said damaaee, if not mutually
Iagreed upon, to be entertained and deteu,_ ie1 by three
dicLnterested persons, one to be appointed by the Grantor,
I
.g_
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?fa drign
ane to be appointed by the Grantee, and the third to be
ss
II". thean by the two so appointed. The written award of such
three persons shall be final and conclusive. . ..
a.
Grantor reserves the right to from time to time
1
R, and from place to place, construct read ways and irrigation
I facilities across said Right-of-Way, including the right
kfor irrigation purposes, to cross over or under Grantee's
I pipe line with pipe lines or drainage tile, provided such
S. irrigation pipe lines or drainage tine or the con-attention,
operation, maintenance or repair thereof shall not inter-
fere with or damage Grantee's pipe line. G=antee shall -
i
f cooperate t fly mite Grantor in the laying e£ such irri-
Igation pipe lines or drainage tile and shall mark and
sadvise. G€aster of the location of Grantee's pipe line with-
0 I. out Charge to Grantor.
t
Grantee further agrees not to dam, black or oh-
atruct in any manner any irrigation canals, drainage
I
ditches or creeks located ea said Leeds, end else Moog
f to replace or repair any levees or beaks disturbed or
s- damaged by Grantee's operations on said lands. In the
{
event that the laying, construction, operation, mainten-
t amee or repair of Grantee's pipe line results in a set- {
i
tPing a£ the ground or holes or a depression creating s I
-
i.
flood danger, Grantee shall remedy the same or be liable
for any damages occasioned to Grantor or its property as 1
a result thereof.
Grantee shall remove all. strips Po,xts which
it, its contractors or agents, may have put into the
I
ground, and level all rats and depreeaioao caused by its
I
•
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� ..:i ' tr;?x z�' %c sex i,.�=.: w--i"�7.¢w.•+:.�,.+ga-ti..:..�:i;�C'e'.'¢�. T.-s;.v :• rt,! ::; =
IID
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x} cmatruction operations, retuning the greuud as. leanly .-<-
Q.1
as possible to the condition it ep.1s 9_ ? ^__t1attly :Eai. w3+ 3d�E
t': to the date :,f this eht-crf-tag (rant -
_
li Grantee agrnaa that at all tines it and its
empieyeea, agents and contractors will take ail reasonable
crecastioas to ,.^sure that Grantc:'s livestock which might
g ao noon the lave described lands do act gel.: out of any
pasture, corral, pen or other fenced area %there such live-
I
R
ff :cock might be present. In the anent that any of such
livestoci: de get out through the negligence o£ or the
1
failure to comply with this condition by urn tee, its err-
ployeea, agents or contractors. Grantee shall be 'liable
N e
k to granter for any damages occasioned to or by such live-
E
• stock. _
1 s In addition to all of the other rights and pri-
vilegea which are reserved to Grantor, theme is expressly
I reservtS to Iranzac the ra1.1.awiag,:
K
ce 1. AIl oil, as cad otter Gerais that Grantor
asp own in, on and under the above .'.eeo ibed lands.
2. The right co fully enjoy and use snic° -se-
rniees except as may be inconsistent with or interfere with
1 the right: and privileges herein and hereby granted CO
Grants=. •
i 3. Grant. agrees that at any time Grautae
abandons the use of the Right-of-Way, all of Grantee's
right, title and interea. to the Right-a-Way including
f
,
:;.« u6iuecriva:aa r?Fe _'c.•:wlERi.ng, yrt,ezCou , ".d.^, shall
ot tc Granter, its .ucceseues and assigns,
[I i,a.ymeat g.• ta
all •ney_ bergfng dun hereunder 9iay
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be pair to tone land and Cattle Company at ita above
address,
This Grant shall 5e tandinz upon the stwcessors, ik V-
. and assigns, of the parties hereto, and it is understood 1r
that this Grant cannot be chanted in any way except in
writing, signed by the Grantor, and a duty authorized
agent of the Grantee,
Notices from the parties hereto to one another
sh₹t3 ht giver.. in writing addressed to the notified party
at its address set forth abcv..
IN WITNESS PEERED', Grantor has h.:s nt° set
its hand end seal, effective this 26th day of January,
A.D. 1973,
• ATTEST: TONNE BAND AND CAaWs.F. G( 'YANi
�v.inA t,Lu flit ttG`�(iC�✓„�n^ 9 n -
.S CF t Jn.
I
STATE OF COLORADO )
) xs.
COiT T'!° OP DENVER
The foregoing i$atrisaeat vas as'knoclM ged 'ms"-c
me this 1.5rh day of February , 1973 by
Brown W. Cannon, it. as Vice President
.,`{.: . bme Land and Cattle Company, a corporation.
RF:. ""-"NESS E55 my hand and official seal.
• ,
61�G
Eqr fG1 0,C,4,14.1 a .K.h�..�.
Notary Yuba r ^:'?IIt rt. HAYMAN
My POINei9SiOU espirts:
;sly 19, 1975
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EC..min. _ .... ..... V n A-r,neoerszag, R=ct`5B
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RIGHT OF WAY EASEMENTS AND LICENSES
•
THESE EASEMENTS .AND LICENSES made and entered into this t day
A.D. IS by and ben The farmers Reservoir
and.irrigation..Coapany ._ . a Co>t;xa,a.. c rooration, as First Party, and
c-'
,y Panhandle..Eastern.Pape.Ltne..Comp-a.ny_.,a...?eiaware ^orporatinn,as Second Party;
0
•Ts'xssseeta:
THAT WHEREAS, First Party is the owner of those certain irrigation meats known as the
.Spas-...lanai. Took'g in.the._to heae- r- - ? Worth,
o Range .56_Hest.
_... in "Read. County,Colorado;ado;and
WHEREAS. Second Party desires to construct and maintain au `h inch nine ine
in varying sizes over or under and across the rights of way of said canals at the locations and in the
manner as shown on the drawings marked Exhibit A hereto attached and by this reference made a
part hereo" Said Exhibit A consists of 1__._sheera and each sheet represents a specific crossing;
and
• - WHEREAS First Party is willing to grant :he easement's and licenses desired by Second
Party.
NOW, THEREFORE. in consideration of the sum of - - ,
raid 'o.._. _-ratomere_Ee.aarvoir.and_floc] ,t e,. czrpanv -
the receipt f which :s hereby acknowledged, and the agreements or Second Far : to he performed
hereunder-and upon theconditions and for the period herein stated,First Parzy does grant to Second
Party. s successors and assigns easements and licenses to co a'_ lay, maintain, alter.
repair, operate and movear .a.5oInch P.?Per'-ne over or
P under and across the strips of land which constitute a part of the rights of way of the canals her in-
above named a' the specific locations and in the manner designated and renamed to n the applicable
sheet of Exhibit A.
ad
Second Party agrees not to commence construction of said a-5o Inch pipeline
at any of the points described in Exhibit A without first having obtained the consent and approval
thereof of the Superintended: of First Party. tot
• --
[t is understood that if the First Party only owns an easement for Canal and Lateral rights
of way cr any part thereof at the locations described in Exhibit A, this instntment shah grant to
Second Party only such rights as First Party may under such circumstances grant.
In laying and constructing said 4.50..a nch.nipelane and thereafter in _repairing,maintaining or removing same Second Party shall do so in such manner as not to damage
said Canals and Laterals or the embankments thereof and so as not to interfere with the flow of
water in said Canals and Laterals.Any and all excavations made shall be immediately leveled off,
and any damage to the Canals and Laterals. emba l m nos. fences, roads or other improvements
shall be promptly repaired by Sr-ond Party at its sole cost to the s-acttio First Party.
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Second Party agrees that it will at all times maintain said_._4.,S.4..Anc7..gzae7hne
and repair ail breaks, leaks ana damages therein and thereto at its own expense and further that
if, by reason of any break, leak or damage in and to the 4.50 inch pine_i ne
injury to the properties of First Party is sustained then Second Party will.with all due diligence.
repair and replace such property of First Party in the same condition as the same was in prior to
such break, leak or damage in and to the said =-50 inch Pl-Pcline and will pay -
any and ml monetary damages resulting from such break,teak or damage sustained or incurred by
First Party or its stockholders or water users.
Second Party further agrees that. if at any time the 4.50 inch pipeline
causes any settling in the ditch embankments, the roads thereon,or any part of the ditch rights of
way, it will,neon no i:ica_ion front First Party,immediately make all repairs required lay First Party
at donned Party's expense.
Second Party further agrees indemnify and sacs harmless First Party, its successors, as-
signs, employees. agents and etoel-.e!dem on account el any damage or toss sustained by them or
any of them arising by reason of laying. construction, maintenance or removal of said
t; -..4.59 inch-pipeline .. '..'
If in the funne First Par: should desire to enlarge,deepen or otherwise change or relocate
said Canals End Laterals or to ccr s::uct any other handl ditch er web-r.a;on said Canal and Lat-
eral rights of was or to do any other thing bteld o. to the operation of said Canals rad Latemis or
any other portion of the irrigation system cf rtr.. Part' hen Second Pery agrees at Second Party's
• s expense, with al:due diligence, to change, relay and cons:r 5G inch nipeiine
so as to comply with such plans and specifications as First Parry may prescribe as being necessary
iron to permit the proper maintenance and operation of First Part irrigation system.
Second Party agrees to protect First Party and save and hold it harmless from any and all
third party claims and damage. that said 4.5' inch nizelane and its
operation. construe:Min n maintenance and removal may directly r indirectly cast and Second
Pa.ty hereby releases rirst Party, its iuCeSSurs assigns, Employees, agents and hho:ders from 2—
any and all claims and damages of whatsoever char acier to said 4.50 Loch oils?'-toe
_ or other property of Second Party ocated in, along or across said Canal and Lateral rights of way tm
arising out of either the operation or maintenance of said Canals and Laterals or other portions
lFt
of First Party's irrigation system or resulting from any ether act either en the pail of First Party
or on the part of any Third Parry., unless such act is one of negligence caused by First
PParty, Third Parties or tneir agents. Tt
The rights of way herein granted to Second Party shall continue so long and only so !snag
as Second Party, its sucessors and assigns shall faithfully and promptly comply with the provis-
ions herein stated.
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• it is mutually understood and agreed that this agreement and all the lanes and conditions
hereof snail extend to and be binding upon the parties hereto.their successors and assigns.
ECECUTE➢in duplicate the day and year first hereinabove written. -
ul9h;
Sr' x
b'J12e<tr..�4 `I ' /I
a Its Ps esident
(C` c f a? `> Adolph dolt, Bohiende=
ar1S5' t - Secretary - ,
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�fi`�' a FY ST P.ARTY
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Its It:aline S .:.2.10. —
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SECOND PARTY
STATE OF COLORADO,
,ss.
COUNTY OE ADAMS. .
The foregoing instrument was acknowledged be`o•e me this
of, /it �� "'19 / by .n to __ as n Bn>,
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1?resfaant'an8 '�2 i f e. 29,��cc-:.�_as Secret a, of..:
'y s
42:ri.;a n vlcolipiaageorporaucb
U.i'. .i>mr aksstilicnra d and notarial seal.
• '�* ar`` sS e- aa.;f rid ecpires Febnum $, '°.3
J Sbton expires -
Ed
#oz..T_b"-c '
ii STATE OF R,- - s . - , ,Y
COU Y OF _ __ -. -.._ {55.
N
Thehoregosng instrument was acknowledged before me this — day
of -. < 19 ~/Y by
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ptc, 'r„, ,.-.e Cc .;----,,z-7„-41.--,-.
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0 Unle_=s 2.y hand and notarial seal.
P t;X143, noBrriission erpu es 7 , - r -- O
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�PROP.14 10-075 508 a" 71 .30' - T ` „ �,Qf/ -▪ : `%
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ARaUS7d45 Record E 1116 REC 02057845 06/19/86 13:44 r$c.JO 1/002
Retepti.-. F 2Oi4 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO• THIS DEED, Made this 31 SL day o£ March ,19 86 ,between
THE IONE LAND AND CATTLE COMPANY li
a corporation duly organized and existing under and by virtue of the:aws of the State of Colorado,of the
first part,and Cannon Land Company, a Corporation duly organized and o
existing under and by virtue of the laws of the state of Colorado, CD
whose legal address is 36 Steele Street, Suite 250, Denver, Colorado
80206
of the City and County of Denver and State of Colorado,of the second part, cD
0
WITNESSETH, That the said party o£ the first part, for and in consideration of the sum o£
Ten Dollars and other consideration ($10.00) --- DOLLARS,
to the said party of the first part in hand paid by the said party of the second part,the receipt whereof
is hereby confessed and aelmowledged,hath remised,released,sold,conveyed and QUIT CLAIMED,and
by these presents doth remise,release,sell,convey and QUIT CLAIM unto the said party of tp¢: Fn
r s n
second part,its stzc>=ss:Ts arrssigns forever,all the right,title,interest, claim and demand which tl%d h on
;Lr i rty = co c
tt n
said party of the first part bath in and to tie following described with all illUdan situate, lying
yJ �'
and being in the County of Weld and State of Colorado,to-wit: r' -` LD
Section Township Range
ALL 2 -2 North 66 West
All 3 2 North 66 West
S₹ 4 2 North 66 West
• All that part of the Sit lying east of
Union Pacific Railroad in 7 2 North 66 West
NE4,SW4 8 2 North 66 West
Ni 9 2 North 66 West
E'g, NzNW'-4 10 2 North 66 West
All 11 2 North 66 West
All 15 2 North 66 West
NW'-s 17 2 North 66 West
SqN±NE'-e, SiNEgNWg, 5EgNW:, S NE4 18 2 North 66 West
Ez, EjE*NW=„ SWS 35 3 North 56 West
Total Acres - 4,781
Together with any and all water rights appurtenant,glspecifica3,11pO
including 142 shares in the Fulton Irrigating Ditch Company
and 3§ shares in the Platteville Irrigating and Milling Company;
together with any underground water wells and otter water rights
pertaining to the subject property, although not appurtenant; and
specifically including all rights of the grantor to Two Lakes,
both with adjudicated storage capacity, tc-wit:
(1 ) Nose Davis #1 with an adjudicated right of 525 acre
feet; and
(2) Mose Davis #2, with an adjudicated right of 153.53 acre feet;
and two irrigation wells which are adjudicated for over 100
gallons per minute each, 4 domestic wells, and all rights
associated with a water right of 100 acre feet of developed
water.
•
No.106.QUIT CLAIM DEED.—Carp,neion Fem.eeudes,dlbbinwn Pnmina Company.1528-4G Stout Street 0,nv<r,Colorado—b:2
B 1116 REC 02057845 06/19/&6 13:44 $6.00 2/002
F 2075 MARI ANN FELERSTEIN CLERK & RECORDER WELD CO, CO
• TO HAVE AND TO HOLD the same, together with ail and singular the appurtenances and privi,
legcs thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest
and claim whatsoever,of the said party of the first part, either in law or equity,to the only proper use,
benefit and behoof of the said party of the second part, its Sucoessorsand assigns forever.
IN WITNESS WRFREOF, The said party of the first part hath caused its corporate name to he
hereunto subscribed by its President,and its corporate seal to be hereunto affixed, attested by its
Secretary,the day and year first above written.
1 THE IONE LANE AND CATTLESOMPANY,
� a CCoolorado - ration-7i
By
George R Canrabn President.JJ
Attest e
Brown W. Canoe, Jr. ( s«rsaaa
v
STATE OF COLORADO,
City and County of Denver ss.
The foregoing instrument was admowledgefd before me this day of .L/, :° LE-
III19 86 by George R. Cannon as President and
Brown W. Cannon, Jr. as Secretary of
The Ione Land and Cattle Company, acorporason.
• My notarial commission expires 1C /9.
'Witness my hand and official seal.
/,_
r^
I -`/ Notary Public.
1
•
ARc319633
B 1368 REC 02319633 01/27/93 14:39 $25.00 1/005
F 0931 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
GAS PROCESSING FACILITY LEASE
• THIS GAS PROCESSING FACILITY LEASE is made and entered into this 15th thy of
January, 1993,by and between CANNON LAND COMPANY,a Colorado corporation,36 Steele
Street, Suite 250, Denver, CO 80206 ("Cannon"), as Lessor; and NORTH AMERICAN
RESOURCES COMPANY,a Montana corporation,16 East Granite,Butte,MT 59701 ("Marco"),
as Lessee.
1. Grant of Lease: Cannon,for and in consideration of the sum of One Thousand Dollars,in hand
paid,hereby grants, demises,leases and lets exclusively unto Marco the lands described below for
the purpose of constructing,maintaining and operating a facility for the processing,compression and
transmission of natural gas (and liquids extracted from natural gas) produced from wells in and
around Weld County, Colorado, together with all rights, privileges and easements necessary or
convenient for Narco's operation of such facility,including,but not limited to,the right to construct
pipelines, fractionating equipment, compressors, control stations, access roads,power lines, office
buildings and other improvements:
Township 2 North,Range 66 West,6th P.M.
Section 11: SE'/+SWV4SW'/a,containing 10 acres, more or less
2. Term: Subject to the other provisions herein contained,this lease shall remain in force until
March 31, 1994,and for so long thereafter as Marco pays to Cannon the rentals described below.
3. Rental and Tax Payments:
a. The amounts of the annual lease payments ("rentals") shall be the amounts set forth on
Exhibit A attached hereto. The due date for rental payments shall be March 31 of each year,which
shall be considered the anniversary date of this lease. Except for the period from inception through
March 31, 1994 (discussed in Paragraph 6,below), all rentals paid on March 31 of any year are in
payment of the next 12-month period. By way of example,the payment due on March 31,1995 shall
continue the lease for one year and cover the rental from April 1, 1995 through March 31, 1996.
• b. Marco shall pay all ad valorem taxes assessed against the lands covered by this Lease for the
1993 tax year(due and payable in 1994) and all subsequent years that this lease remains in effect.
Narco shall ask the Weld County Assessor separately to assess the 10-acre parcel for ad valorem
taxes and to mail the tax notice directly to Marco. If,however,the Assessor refuses to separately
assess the 10-acre parcel or sends the tax notice to Cannon,then Cannon shall mail Narco a copy
of the paid Weld County Tax Notice for the property along with an invoice for the taxes attributable
to the 10-acre parcel, and Marco shall pay such invoice within 30 days after its receipt.
4. Manner of Payments: Rental payments may be made either by Marco delivering a check to
Cannon,or by Narco depositing a check payable to Cannon in the U.S.Mail,addressed to Cannon
at the above address or at such address as Cannon shall hereafter provide in writing to Marco,on
or before March 31 preceding the 12-month period for which such rental is being made. Thereafter,
annually, in like manner and upon like payments or tenders of the rentals, this lease shall be
maintained in full force and effect.
5. Saving Clause: If Marco fails to timely make a required annual lease payment(or a real property
tax reimbursement as described in Paragraph 3.b), Cannon shall notify Marco by certified mail of
such failure. Should Narco,within 30 days of receipt of such notice, fail to mail or deliver the
required payment to Cannon,then this lease shall terminate as to both parties,subject to the rights
of Marco to remove its equipment as elsewhere described herein.
6. Permit Period Provisions: The parties recognize that Marco,prior to commencing construction
of its facility,must first obtain(i)a Use by Special Review from Weld County,Colorado to permit
the use for which this Lease is granted. (ii) a permit from the Colorado Air Quality Control
Commission, and(iii) other required governmental permits,subdivision exemptions,licenses and
documents. Therefore,Narco has paid Cannon the sum of$1,000 as consideration for the granting
of this Lease, and shall not owe Cannon the remaining$4,000 of the rental for the period from
inception through March 31,1994 unless and until all necessary permits, exemptions,licenses and
documents have been obtained. Marco agrees to promptly apply for,and diligently pursue,all such
permits. In the event any permit which Marco considers necessary for the facility is denied,or if
Marco elects not to proceed with installation of the proposed facilities on the subject lands,then this
Lease,upon notification in writing to Cannon by Marco of such election,shall terminate and be of
• no further force and effect,and the$1,000 paid to Cannon by Marco for the granting of this lease
shall remain the property of Cannon.
B 1368 REC 02319633 01/27/93 14:39 $25.00 2/005
F 0932 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CC
Within 30 days following the date on which Marco receives the last required permit,license or
• exemption or document,Marco shall pay Cannon the remaining$4,000 rental due for the period
from inception through March 31, 1994.
7. Surrender of Lease: Marco shall not be obligated to commence or continue any operations
during the term of this lease, but may at any time surrender this lease and be relieved of all
obligations thereafter accruing by recording and delivering to Cannon a release;provided,however,
that Marco shall be obligated promptly to restore the premises as near as practicable to their original
condition and to remove all of its equipment and fixtures. Marco shall remove and replace any
contaminated soil, and shall reseed the premises with appropriate natives grasses to ensure
permanent vegetative cover. Narco shall be solely responsible for ensuring that the leased land is
restored in compliance with all applicable environmental protection laws then in effect.
8. Damages: The initial consideration paid for this lease includes payment for use of the land and
for damages to Cannon's land occasioned by the construction of the facility and the installation of
pipelines and access roads to and from such facility;provided,however,that Marco shall pay for or
repair damages caused by Marco's operations to any structures or similar improvements now on the
lands covered by this lease,and for any and all environmental damages caused by Marco to the lands
herein leased.
9. Fencing; Marco shall construct and maintain a chain link fence,at least six feet in height,around
its facility on the leased land.
10.Taxes: Narco shall be solely responsible for payment of all ad valorem,personal property and
similar taxes levied against the property of Narco which may be constructed or placed upon the lands
herein leased to Marco. As discussed in Paragraph 3.b, above, Marco shall pay (or reimburse
Cannon for)all ad valorem taxes levied against the lands herein leased to Marco.
11. Equipment Removal: Marco shall have the right at any time before or after termination of this
lease to remove all or any part of its equipment, fixtures and pipelines on the leased lands.
12. Water Well: If Marco drills a water well for use in connection with the property, Marco, if
• requested by Cannon, shall transfer such well, together with all pumps, plumbing, and electrical
fixtures,to Cannon upon abandonment,provided that Cannon first posts any necessary bonds and
assumes all liability for such well and equipment.
13. Compliance with Laws: All operations shall be performed in substantial compliance with all
rules, regulations and orders of the Environmental Protection Agency,the Colorado Oil and Gas
Conservation Commission, the Colorado Air Quality Control Commission, and all other
governmental agencies having jurisdiction.
14. Indemnification: Marco agrees to indemnify and hold Cannon harmless from and against all
claims, actions, causes of action, damages and injuries to persons or property, including without
limitation those relating to environmental protection,which may arise out of operations conducted
by Marco or its assigns on the leased lands;provided,however,that if Cannon,under the provisions
of Paragraph 16, below, has obtained reasonably satisfactory indemnity or bonding from the
proposed assignee and consents to the assignment of Marco's interest,then Marco shall be released
from all liabilities contained in this Paragraph 14 arising from activities after the date of Narco's
assignment. The indemnity of Narco herein contained shall survive any assignment as to all claims
arising out of activities under this lease prior to the date of Marco's assignment.
15. Assignment by Cannon: No change in ownership of Cannon's interest (by assignment or
otherwise) shall be binding on Marco until Marco has been furnished with notice, consisting of
certified copies of all recorded instruments or documents and other information necessary to
establish a complete chain of record title from Cannon, and then only with respect to payments
thereafter made. No other kind of notice,whether actual or constructive,shall be binding on Marco,
and Marco may continue to make rental payments precisely as if no change had occurred. No
present or future division of Cannon's ownership as to different portions or parcels of said land shall
operate to enlarge the obligations or diminish the rights of Marco, and Marco's operations may be
conducted without regard to any such division.
16. Assignment by Marco: A material consideration for this lease is the financial stability and
reputation of Narco, and any assignment of this lease (except to a wholly owned subsidiary of
• Montana Power Company)shall be expressly subject to the prior written consent of Cannon,which
-2'
B 1368 REC 02319633 01/27/93 14:39 $25.00 3/005
F 0933 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Cannon may deny only if the proposed assignee fails to establish to the reasonable satisfaction of
• Cannon its financial and technical capability to perform its obligations (including,but not limited
to,those relating to environmental protection and indemnity) under this lease. Narco's assignee
shall assume all obligations hereunder and shall furnish an indemnity or bond satisfactory in the
reasonable judgment of Cannon, at which time Cannon shall then consent to the assignment in
writing and release Marco from all further obligations under this lease. Following approval of such
assiygnment,Marco shall furnish Cannon with copies of all instruments of transfer. Any attempt to
assign without prior written consent of Cannon shall constitute a material breach of this lease and
shall be cause for immediate cancellation by Cannon.
17. Processing of Cannon Royalty Gas. In the event Narco shall process gas for third parties (gas
which is not owned or controlled by Narco) at the facility it constructs on the leased premises,
Cannon shall have the option to build,at it sole cost,risk and expense,a line to deliver royalty gas
of Cannon to the Marco facility, and Marco shall process such royalty gas on the same or similar
terms and conditions as granted by Marco to third parties. In the event Cannon desires to exercise
this option,the parties shall enter into a gas processing agreement similar in form and substance to
those which Narco has with other third parties. Cannon's right to take royalty gas in kind must be
established in each concerned oil and gas lease;this paragraph is not intended to afford Cannon any
right to take in kind. This option is personal in nature, extends only to Cannon, and may not be
assigned to any other party;provided,however,that if Cannon builds a pipeline to the facility and
royalty gas is being processed at the time Cannon assigns this lease,then Marco shall continue to
process such royalty gas as Marco is processing on the date of such assignment.
18. Warranty and Subrogation: This lease is executed by Cannon without any warranties of title,
express or implied. Marco at its option may purchase or discharge in whole or in part any tax,
mortgage or other lien upon the premises herein leased to Marco,or may redeem the same from any
purchaser at any tax sale or adjudication,and shall be subrogated to the rights of the holder thereof.
19. Powers of Attorney and Further Assurances: Cannon,and its successors and assigns,as a matter
of convenience, hereby make, constitute and appoint Marco, and any employees, agents or
representatives of Narco,as Cannon's agents and attorneys-in-fact,to do all things the Cannon might
do,to obtain any necessary permits, licenses and similar approvals or consents in connection with
• activities conducted under this lease. A copy of this Lease shall be as valid as the original for
purposes of proof of the powers of attorney herein granted. Cannon agrees to promptly execute
such instruments and documents as Narco may deem necessary or convenient to obtain any permit.
license or similar consent from any governmental agency.
20.Headings: All headings herein are for convenience and shall not be considered when construing
any of the provisions of this lease.
21. Binding Effect: This lease shall be binding upon and inure to the benefit of the panics hereto,
their successors and assigns.
IN WITNESS WHEREOF,this instrument is executed as of the date first above set forth.
ATTEST: CANNO t
Mat°gar Cannon,Secretary Brown . Cannon, r.,Preri qt r Or i1
fl I'S 0 P✓V71 'A
NORTH AMERICAN
v ftTOR�Jc u,'. RES ES CO
PQ$ogsrs,.4�ssistant retary ames J. nor,Vice President
kT
`T
•
-3-
B 1368 REC 02319633 01/27/93 14:39 $25.00 4/005
F 0934 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
STATE OF COLORADO
• ) ss.
COUNTY OF J7en J e r )
Ye-
The foregoing instrument was acknowledged before me this Al -day of January, 1993, by
Brown W.Cannon,Jr.as President and Margaret Cannon as Secretary of Cannon Land Company,,•
a Colorado corporation,on behalf of said corporation.
Witness my hand and official seal. c L.. " 0/7
My commission expires: / Q- �' y
/0F-1/9S Notary`E l�jc ts`•:o,„
k� i.,•
y 3„10°
rinnu
STATE OF MONTANA
) ss.
COUNTY OF SILVER BOW )
The foregoing instrument was acknowledged before me this lay ofJanuary,1993,by James
3..Benner as Vice President and Gloria J. Rogers as Assistant Secretary of North American
•;Resd'uke2s-Company,a Montana corporation, on behalf of said corporation.
'4/ r ,�3M4ne3s ma,/hand and official seal.
}�� �
'`" y.Gd Ssignexpires: r C k�(
�'•' l�'G'c� Notary Public
•
•
-4-
B 1368 REC 02319633 01/27/93 14:39 $25.00 5/005
F 0935 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
• Exhibit A
RENTAL DUE DATE RENTAL AMOUNT
Inception $5,000
' March 31, 1994 $5,250
March 31,1995 55,513
March 31,1996 $5,788
March 31,1997 $6,078
March 31,1998 $6,381
March 31,1999 $6,700
March 31,2000 $7,036
March 31,2001 $7,387
March 31.2002 $7,757
March 31,2003 $8,144
March 31,2004 $8,552
March 31,2005 $8,979
March 31,2006 $9,428
March 31,2007 $9,900
March 31,2008 $10,395
March 31,2009 $10,914
• March 31,2010 $11,460
March 31,2011 $12,033
March 31,2012 $12,635
March 31,2013 $13,266
March 31,2014 $13,930
March 31,2015 S14,626
March 31,2016 $15,358
March 31,2017 516.125
March 31,2018 516,932
March 31,2019 517,778
March 31,2020 518,667
March 31,2021 $19,601
March 31,2022 $20,581
March 31,2023 and each March 31 thereafter, the
prior year's rental amount plus 5%.
•
AR232Db53 B 1369 REC 02320653 02/04/93 10:29 $5.0C 1/001
F 1121 MARY ANN FECERSTEIN CLERK & RECORDER WELD CO, CO
Quit Claim Deed
• r
THIS DEED,made this /° day of February,1993,between Cannon Land Company,a Colorado
corporation, 36 Steele Street, Suite 250, Denver, CO 80206, as Grantor; and Cannon Land Company, a
Colorado corporation, 36 Steele Street, Suite 250,Denver,CO 80206,as Grantee.
WITNESSETH,that the Grantor,for and in consideration of the sum of TENDOLLARS,the receipt
and sufficiency of which is hereby acknowledged,has remised,released,sold,conveyed and QUIT CLAIMED,
and by these presents does remise,release,sell,convey and QUIT CLAIM unto the Grantee,its successors
and assigns,forever,all the right,title,interest,claim and demand which the Grantor has in and to the real
property,together with improvements,if any,situate,lying and being in Weld County,Colorado,specifically
described as follows:
Township 2 North,Range 66 West,6th P.M.
Section 11: SY2SW'/o
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges
thereunto belonging or in any way thereunto appertaining,and all the estate,right,title,interest and claim
whatsoever of the Grantor, either in law or equity,to the Grantee,its successors and assigns forever.
LN WITNESS WHEREOF,The Grantor has executed this deed on the date set forth above.
AT TEST:
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MmgarCannon,Secretary -."--- Town W.Ca onr k P1es, :cm.
•
STATE OF COLORADO )
) ss.
CITY Sc COUNTY OF DENVER )
The foregoing instrument was aclmowledged before me this /t day of February,1993,by Brown W.
Cannon, Jr. as President and Margaret Cannon as Secretary of Cannon Land Company;a Colorado
corporation,on behalf of said corporation. 3 j 1p
Witness my hand and official seal. �� rid
!Y
My commission expires: �� d': 1Q
/d`d.W9S Ndtary.Puhlic'
0
B 1379 REC 02329466 04/19/93 11;25
01
F 1067 MARY ANN FEUERSTEIN CLERK & RECORDER WELD COrOCO
AR223294S6
LIMITED POWER OF ATTORNEY
• CANNONLAND COMPANY,a Colorado corporation whose address is 36 Steele Street,Suite
250,Denver,CO 80206,does hereby make,constitute and appoint WILLIAM G.CREWS,whose
business address is 1223 28th Avenue,Suite 2,Greeley,CO 80631,its lawful agent and attorney-in-
fact to do,as fully and completely as the corporation itself might do, any and all things necessary
or convenient to obtain a recorded exemption from Weld County,Colorado covering the SYSW'
of Section 11,Township 2 North,Range 66 West,6th P.M.,in connection with the gas purchasing
and processing facility to be constructed by North American Resources Company under the
provisions of Use by Special Review Case 1002,which was approved by the Board of Weld County
Commissioners at their hearing on April 14, 1993. It is contemplated that Lot A of said recorded
exemption will consist essentially of the SEV,SWY1SW'of said Section 11, and that Lot B will
consist of all other lands within the S'GSWV,of said Section 11. The powers herein granted to
William G. Crews are specifically limited to the powers:
1. to appear on behalf of the corporation before the Weld County Planning Commission, the
Weld County Board of County Commissioners, and such other regulatory or governmental
agencies,boards or commissions as William G.Crews may deem necessary or convenient to
obtain the recorded exemption.
2. To execute applications, amendments,consents,plats, agreements and other documents or
instruments which are necessary to apply for and obtain the contemplated recorded
exemption.
3. To do such other acts,whether or not specifically set forth herein,as William G.Crews may
deem necessary to obtain said recorded exemption.
This Limited Power of Attorney shall remain in full force and effect until a written revocation
of this Limited Power of Attorney has been recorded by the corporation in the real property records
of Weld County,or on June 30, 1993,whichever first occurs. In the event of revocation, a copy of
such revocation shall be sent via certified mail,return receipt requested,to William G.Crews at his
address set forth above.
• IN WITNESS WHEREOF,this instrument is executed this /c- day of April, 1993.
CANN LA AA Y
Brown W.Cann n,Jr.,Preside t /
STATE OF COLORADO �/
) ss.
COUNTY OF l r,ua
The foregoing instrument was acknowledged before me this l5-a day of April,1993,by Brown
W.Cannon,Jr.as President of Cannon Land Company,a Colorado corporation, on behalf of said
corporation.
Witness my hand and official seal.
My commission expires: t A --1-,
in(ito ; U Notary Public
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