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Home My WebLink About20111185 • Certificate of Conveyances Weld County Services Department of Planning State of Colorado ) County of Weld ) STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, and fords the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded property to August 30, 1972. LEGAL DESCRIPTION: See Attached Legal Description CONVEYANCES (if none appear, so state): Reception No.: 3444104 Book: Reception No.: N Book: 1643 page 196 Reception No.: Book: Reception No.: Book: Reception No.: Book: Reception No.: Book: • Reception No.: Book: Reception No.: Book: This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 15 day of December,2010, at 3:30 PM. STEWART TITLE OF COLORADO BY: / Authoriz Signature • 2011-1185 11111131111 11111 11111111111 11111 I 1111 IIII III I 34µ10r 12/28/2006 10:63A Weld County,CO Y 1 of 2 R 11.00 O 30016 Steve Moreno Clerk&Recorder • SPECIAL WARRANTY DEED • tg �il THIS DEED,dated December 27, 2006 PL)between Robert 0. Nelson, an individual ]� of the •County of Weld and Stale of � • Colorado gayrapna) and L.G. Ever 1st Incorporated, an'Lyoara .rporatlon • whose legal address is it 7321 East 88th Avenue, Suite 200, Henderson, Colos ado 80640 of the County of Ideas and State of Colorado .granites)'. • WITNESS,that the grantor(s),for and in consideration of the turn of Three Million and DO/100 ($3,000,000.00) DOLLARS. rite 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(s),and its ggrglOW assigns forever, all the real property.together-with improvements,if any,situate,lying and being in the County M Weld and State of Colorado,described as follows: see Exhibit A attached hereto and incorporated herein b this reference as though fully set forth, specifically RESERVING tnRO(aUN10R any and all oil, gas and associated petroleum products • • • .. • also known by street and number as: 7497 County Road #26, Longmont, CO 80501 • assessor's schedule or parcel number TOGETHER with all and singular the hereditament/and appurtenances thereunto belonging,or in anywise appertaining. the reversion and reversions,remainder and remainders.tents,issues and profits thereof,and all the estate,right,tide.interest. claim and demand whatsoever of the grantor(s),either in law or equity.of,in and to the above bargained premises.with the hcreditamems and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances.unto the grant-MO. and Its HSHPAn9tasaigns forever.The grantor(s),for him self • his heirs,personal i. representatives.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(sl. and Its MIIEMA'assigns,against all and every person or persons claiming the whole or any pan thereof,by,through or under the grantor(s). IN WITNESS WHEREOF,the grantor(s)has executed this deed on the date setts for h above. Robert�,/� • • STATE OF COLORADO County of))1j ,r p The Iforegoing inswment war ac r^'r me this Own day of CAI (f n —` t-- .?00(0. by Q�Lb�.� O. �.� J/ 0`1 x • • 4°I f C I Witness my hand and official seal. /�r My commission clues: SO • w)e h D J • *inter,thy«A"if*MINI". Haag Public • • Namcstl Addnas ofP ins Newly Created Legal Description 331-35.i06.5. c l raj 146) • No.If.Re v.4.fe. sracuLwAaMrrrT DEED Security ./ Bradford Put,Mne t 7a)Watee St theca.COsr .—ell.•)'`stn _,....r.. ".•.-� ≥t. Title /� • -144411111U IIII II IIIII IIIIII IIII IIIHII III IIIII IIII IIII 2 `of2 811.00 D 10:538 Weld County, CO x00 Steve Moreno Clerk& Recorder • EXHIBIT A Description Of The Property All that portion of the West Half(W1/2) of the Southeast Quarter (SEI/4) and of the West Half (W 1/2) of Section 32, Township 3 North, Range 67 West, lying East of the right of way of the Union Pacific Railroad Company as the same now exists across said premises, except any existing rights of way for highways and ditches,and except five (5) acres in the Southeast corner of said premises heretofore reserved for use as a cemetery, County of Weld, State of Colorado. Together with, All right, title, and interest in and to the right of way of the Dent Branch of the Union Pacific Railroad Company lying southeasterly of the centerline of main track of said Railroad as was originally constructed and operated through the West Half of Section 32, Township 3 North, Range 67 West of the 6'h P.M. in Weld County,Colorado; Specifically including but not limited to all rights to all sand, gravel, aggregate, stone, rock, silt, clay, shale, overburden, topsoil and all other valuable solid minerals lying in, on and under such property(but excepting therefrom any and all oil, gas and associated petroleum products); And further specifically including any and all water and water rights, wells and well rights, ditch and ditch rights, reservoir and reservoir rights, whether adjudicated or not, and whether tributary, nontributary or not-nontributary, which are appurtenant to such property; • And further specifically including one and two-thirds share of Last Chance Ditch Company "stock. • HOOK J'MEE RI O ,,r. APR 8- 19�J }y Recorded at -1 / o'clock_. .. ANN 1.405354SPOMER Receptieu:•'.r._— Recorder. • OSCAR OLIVER NELSON, also known as OSCAR 0. NELSON G �irml one re un 11 rq a<v,, ter •; ,- whose address is Route 4, 1; ,.l ,,GIs II I' ` II s Longmont, County of Weld - ,and State of 1 - . � r ' Colorado ,fm.the consideration of ONE HUNDRED \ ; ` ` ‘.1 ^ r DOLLARS and other valuable consideration, It j 1.y lR r" &�) ' � ) $ dollaw}in hand paid,herebysell(s) and convey(s)to IL II �� ROBERT 0. NELSON, I whose address is Route 4, Longmont , County of Weld ,and State of Colorado the following real property in the ` ;p County of Weld ,and State of Colorado,to-wit: All that portion of the west half (Wk) of the southeast quarter (SEk) and of the west half (W&) of Section 32 in Township 3 North, Range 67 west, lying east of the right of way of the Union Pacific ' „d, Railroad Company as the same now exists across said premises, except ' u$ fexcept y�{ any existing rights of way for highways and ditches, and five " (5) acres in the southeast corner of said premises heretofore reserved 3 t('1 for use as a cemetery; but together with all ditch and water rights 1 'I �I ti _I appertaining to said premises including one. and two-thirds (1 2/3) shares of the capital stock of The Last Chance Ditch Company; L • V I I2 il a . M Y with all its appurtenances, and warrant(s) the title to the same,subject to the 1963 taxes and any lien of the Northern Colorado Water Conservancy District. Signed this fourth day of March�., ,19 63 - Gam. - sc �.Ne ._ _ _ lson also known as �:,-- �}��///� 1 Oscar O. Nelson STATE OF COLORADO - w County of Bouldero e'Y"`'a''L;lug instrument was acknowledged before me this fourth m b"�a�+ _ ,19 63 ,by OSCAR OLIVER NELS'l , also known as a- e 'kW- r1 ti •t ,SON. ha art a `S 3' frt uurea July 22nd, 1963. .F- ,t`t V.x31 sad offiolal eeal. �` 9 u rf byey natural en in or bassoon name of Insert nine or names;if byb *cure. re L,-or dolor or `K"`rti n.ertorne-n.then,then insert of ormw or o s the preelfanettor ocher > ^lit- o r- 't • n b pennon o[wmontTon.Neu Inert ntna of snob officer or onlcm.,ea the yruldant er other o Fan o[mah wr- Fowtlw enmlv61@ No.897. w.mab Deed-Short Form-Sn 1141-Ia a.mmd.d-lest. -ar.dene aewmn Riellar Company.1821-48 Start ahorr.Deaner.Cob[.do _4 (I - .. ea- . . / [ § . I \ ` ° ) : . . . - ) r \ 1 : , } 0 ' - ti < \ j / \ 7: . - \ / \ § / { ' 11, d / " ., \ . \ . \ . , . I . Imo ! . i . I1 ° :';',.:L=4 I . k ( � \ 9 � lC . m A §; m y ] ( , I kk . \ , . \ ° ; ! % q § ) � ) ( k 2 .� 2 I R , � . - « , -k � s R a ` K rri � M ` + \k = ■ x | ) )c util 4 a -O ■ ! ! 4 ! & §§| q ] ) . ■ i1 ' ' . <\, � . \ : \i i 4m \ \: - g - a ? } , ] ) ; § » 2 1 # I . � / R / % » z \/ ! = m \ 2 w d _ 2 : - - :> . . . mx I d��< <�.� - @3 � a .> . « � » . . » :3: .ma .a.. . , + • Certificate of Conveyances Weld County Services Department of Planning State of Colorado ) County of Weld ) STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, and fords the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded property to August 30, 1972. LEGAL DESCRIPTION: See Attached Legal Description CONVEYANCES (if none appear, so state): N. Reception No.: 3327251 Book: V Reception No.: 2526648 Book: Reception No.: 2272050 Book: Reception No.: '- Book: 1544 page 402 Reception No.: - , Book: 1152 page 426 Reception No.: ' Book: 1003 Wit 373 Reception No.: Book: Reception No.: Book: This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 15 day of December, 2010, at 3:30 PM. STEWART TITLE OF COLORADO BY: ti D h AuthorizeSignature • • 1111111111111111111111111111111111111111111111111111111 3327251 09/29/2006 02:38P Weld County,CO 1 of 4 R 21.00 D 136.00 Steve Moreno Clerk 8 Recorder c,G • .j, • I2 ,WARRANTY DEED �i�„ Litt - J JTHIS DEED,Made this 28th day of September,2005 between Dorothy Alice McHale Living Trust of the County of Weld,State of Colorado,grantor and L.G.Everist Inc.,An Iowa Corporation whose legal address is;7321 E.88th Avenue#200,Henderson,CO 80640, of the County of Fi0C Y"S State of Colorado,grantee: WITNESSETH,That the grantor for and in consideration of the sum of One Million Three Hundred Fifty Thousand Dollars and NO/I 00's(51,350,000.00)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 confirm,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: See attached Exhibit"A" also known by street and number as vacant land,Longmont,CO 80504 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof, and all the estate,right,title,interest,claim and demand whatsoever of 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 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 ensiling and delivery of these presents,he is well seized of the premises above conveyed, has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes, assessments,encumbrances and restrictions of whatever kind or nature soever,except all taxes and • assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section ea"Title Review",of the contract dated August 29,2005,between the parties.SEE ATTACHED EXHIBIT'B',and except all o8,gas and associated petroleum products in,on and under said real property which are specifically reserved to and retained by grantor. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession 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 date set forth above. SELLER: Dorothy Alice McHale Living Trust �/ l(! Cei.. `277}1/x4 - 1to By:Dorothy-Alice McHale,Trustee STATE OF COLORADO }SS: COUNTY OF Weld The foregoing instrument was acknowledged before me this 28th day of September,2005 by Dorothy Alice ?4j-We,Trustee of the Dorothy Mice McHale Living Trust 14, Notary Public J ,/ • Witness my hand and official seal. My Commission expires: torsDTARY� w,MrM Wk.MSSapes ^ " WDPHOTO Security Title Warranty Deed(For Photographic Record) File No.S0060973 11101 11111 11111 11111111111111 111111 III U I I I I I V I I I 3327251 09/29/2005 02:36P Weld County, CO 2 of 4 R 21.00 D 135.00 Steve Moreno Clerk& Recorder • Exhibit A The Southwest Quarter of the Northeast Quarter and the South Half of the Northwest Quarter of the Northeast Quarter of Section 32,in Township 3 North,of Range 67 West,except a strip of land conveyed to the Union Pacific Railroad Company April 26, 1909 in Book 300 at Page 469,and subsequently conveyed to the Town of Firestone March 19, 1997 at Reception No. 2538622, County of Weld, State of Colorado. Specifically including but not limited to all rights to all sand, gravel,aggregate,stone,rock,silt,clay,shale, overburden,topsoil and all other valuable solid minerals lying in,on and under such property(but excepting therefrom any and all oil,gas and associated petroleum products); And further specifically including any and all water and water rights,wells and well rights,ditch and ditch rights, reservoir and reservoir rights,whether adjudicated or not,and whether tributary,nontributary or not-nontributary, which are appurtenant to such property. But specifically excepting and reserving to Grantor all oil,gas and associated petroleum products,including but not limited to any and all oil and gas leases affecting the above described property. • • (0., (k 1 111111 1111111II11111111111111111111111 11 11111 1111 1111 3327251 09/29/2005 02:36P Weld County, CO 3 of 4 ft 21.00 D 135.00 Steve Moreno Clerk& Recorder • EXHIBIT B Exceptions I. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Faeements,or claims of easements,not shown by public records. 4. Discrepancies,conflicts in boundary lines, shortage in area,encroachments,and any facts which a correct survey and inspection of the land would disclose,and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. • 7. The right of 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 as reserved in United States patent recorded in Book 34 at Page 117;and any and all assignments thereof or interest therein. 8. The right of 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 as reserved in United States patent recorded in Book 131 at Page 93; and any and all assignments thereof or interest therein. 9. An Oil and Gas Lease, from Hazel McHale as Lessor(s) to T. S. Pace as Lessee(s) dated February 7, 1970, recorded March 31, 1970 at Reception No. 1544609, and any and all assignments thereof or interests therein. 10. An Oil and Gas Lease, from Hazel McHale as Lessor(s) to T. S. Pace as Lessee(s) dated February 7, 1970, recorded November 5, 1970 at Reception No. 1557070, and any and all assignments thereof or interests therein. 11. Notice of general description of area served by Panhandle Eastern Pipe Line Company recorded June 26, 1986 at Reception No. 2058722. 12. Notice concerning underground facilities of United Power, Inc., recorded January 24, 1991 at Reception No.2239296. 13. An undivided 100% interest in all oil, gas and other minerals as reserved by Loretta M. Rhoades as Personal Representative of the estate of Hazel L. McHale recorded December 13, 1991 at Reception No. 2272050, and any and all assignments thereof or interests therein. • 1. J �' 111111E 11111 11111 111 IIII 111111111111 111 11111 III 1101 3327251 09/29/2005 02:36P Weld County, CO 4 of 4 R 21.00 D 135.00 Steve Moreno Clerk& Recorder • EXHIBIT B Exceptions(Continued) 14. An undivided 50% interest in all oil, gas and other minerals conveyed to Dorothy Alice McHale as Personal Representative of the Estate of Merle Laurence McHale by Mineral Deed, recorded December 13, 1991 at Reception No. 2272052,and any and all assignments thereof or interests therein. . 15. An undivided 50% interest in all oil, gas and other minerals conveyed to Loretta M. Rhoads by Mineral Deed, recorded December 13, 1991 at Reception No. 2272053, and any and all assignments thereof or interests therein. 16. An undivided 100% interest in all oil, gas and other minerals as reserved by Dorothy Alice McHale as Personal Representative of the Estate of Merle Lawrence McHale recorded December 18, 1991 at Reception No.2272580,and any and all assignments thereof or interests therein. 17. An undivided 50% interest in all oil, gas and other minerals conveyed to Dorothy A. McHale by Mineral Deed, recorded December 18, 1991 at Reception No. 2272581, and any and all assignments thereof or interests therein. 18. An undivided 100%interest in all oil, gas and other minerals conveyed to Dorothy A.McHale by Mineral Deed, recorded January 27, 1992 at Reception No. 2276088, and any and all assignments thereof or interests therein. • 19. An easement for gas pipeline and incidental purposes granted to North American Resources Company by the instrument recorded October 30, 1992 at Reception No.2308994. 20. An undivided 100% interest in all oil, gas and other minerals conveyed to Dorothy Alice McHale, Trustee, Dorothy Alice McHale Living Trust by Mineral Deed, recorded October 12, 1999 at Reception No. 2726185,and any and all assignments thereof or interests therein. 21. Notice of Oil and Gas Interests and Surface Use by HS Resources recorded January 24, 2001 at Reception No. 2821215. 22. Any portion of the land which may lie within any roads including, but not limited to Weld County Road 26%. 23. Rights of others to that portion of the land lying within Last Chance ditch together with such adjoining land as may be acrd or useful in connection with the use or maintenance of that ditch. 24. Any portion of the land which may lie within or is used in connection with the railroad right of way which traverses subject property. 25. Any existing leases or tenancies. • 26. The final Title Insurance Policy (Policies) shall not and does not insure the title to those fixtures, structures and like appurtenances which are not assessed and taxed as real property by the county. No examination of the title to the referenced fixtures, structures and like appurtenances has been made. ‘,7' ,na4o 2526648 B-15831 P-547 t 12/26/1996 03:03P PG 1 OF 2 REC WC N r_ Weld County CO JA Suki Taukamoto Clerk & Recorder 11.00 QUITCLAIM DEED • DOROTHY A. McHALE whose address is 7572 Weld County Road 26, Longmont, County of WELD ,and State or COLORADO .for the consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION MOM in hand paid, herebysell(s)andquitclaims(s)to DOROTHY ALICE McHALE, Trustee, DOROTHY ALICE. McHALE LIVING TRUST whose address is 7572 Weld County Road 26, Longmont County of WELD .and State of -COLORADO ,the following real property,in the County of WELD ,and State of Colorado.to wit: • The Southeast quarter (SE 1/4) of Section twenty-six (26), in Township two (2) north, of Range sixty-seven (67) west; The southwest quarter (SW 1/4) of the northeast quarter (NE 1/4) and the south half (S 1/2) of the northwest quarter (NW 1/4) of the northeast quarter (NE 1/4) of section thirty-two (32), in township three (3) north, - - of range sixty-seven (67) west; together with all ditch and water rights appertaining to said premises, including 1 share of the capital stock of The Last Chance Ditch Company; • O ac z w a `o B- cd w O z also known as street and number cs 1 assessor's schedule or parcel number DO with all its appurtenances w Ls- >- oc C z �9 Signed this /(1-6 day of December 1 96 __ !!// ` �(� �Y� o Dorothy A.ti4UHale O STATE OF COLORADO, Iss. County of BOULDER • The foregoing instrument was acknowledge!. ' • /rill day of DECEMBER 19 96 . by. Dorothy A. McHale My commission expires al-1 4 ' •,..e °AAWITNESS my hand and official seaL • ft9 ANii1[ � .l ets� {7/k""""""'e Mowry ms aRnN ...°1 lic Nome aid MarmgrenwertatlorNm'yc,WS I.pI oath:..1&2O�0B.B.c ste: No.898.Rev.4-94. QUfrCI_IM DEW(She'd Dna) Bradford Publishing,FM Wain SE Dw•v.CO B0202-(3031292-2100-1'95 AR2272O5O B 1320 REC 02272050 . 12/13/91 08:59 $5.00 1/001 F 0174 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE • (INTESTATE ESTATE) THIS DEED is made by LORETTA M. RHOADES, as Personal Representative of the Estate of HAZEL L. MCHA7&, deceased, Grantor, whose address is 7750 Weld County Road 26, Longmont, Colorado 80504, to DOROTHY ALICE McHALE, as Personal Representative of the Estate of MERLE LAWRENCE McUALE, Grantee, whose address is 7572 Weld County Road 26, Longmont, Colorado 80504. WHEREAS, HAZEL L. McHALE died intestate in Longmont, Colorado, on January 10, 1991; WHEREAS, Grantor was duly appointed Personal Representative of said Estate by the District Court in and for the County of Weld, and State of Colorado, Probate No. 91 PR 23, Division 1, on June 12,. 1991, 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, release and set over unto Grantee, as the person entitled to distribution of the property in the above captioned Estate, the following described real property situate in the County of Weld, State of Colorado, to wit: The southeast quarter (SE1/4) of section twenty-six (26) , in township two (2) north, of range sixty-seven (67) west; The southwest quarter (SW1/4) of the northeast quarter (NE1/4) and the south half (S1/2) of the northwest quarter (NW1/4) of the northeast quarter (NE1/4) of section thirty-two (32) , in township three (3) north, of range sixty-seven (67) west; • TOGETHER WITH all ditch and water rights appertaining to said premises, including 1 share of the capital stock of The Last Chance Ditch Company; RESERVING, however, to the Grantor, its successors and assigns, all oil, gas and other hydrocarbons (and no other minerals or mineral rights) owned by the Grantor that may be produced from the above described property; together with the right of ingress and egress to the property for the purpose of drilling for production or exploration, and the right to grant an oil and gas lease and to receive any share of rents; bonus payments, or similar sums that might be payable under the terms of any oil and gas lease;with all appurtenances, subject to 1991 general property taxes which Grantee assumes and agrees to pay. EXECUTED this 9th day of December, 1991. Imct- m R ,a- Loretta M. Rhoades,.as Personal Representative of the Estate of Hazel L. McHale, Deceased. STATE OF COLORADO ) ss. COUNTY :OF BOULDER ) The. foregoing instrument was acknowledged before me this 9th - day..-af•.December, 1991, by Loretta M. Rhoades, as Personal Repi•es'eglfative of the Estate of Hazel L. McHale, Deceased. flariessmy hand and official seal. • g418`GOm4ssion expires: J e 9th, 1994. , io J tart' Public. _ ":rkT --' a b 1959 j (��^, rat 1544 P� 40213,16783 Ann ch•�f_ ^ncen.ion��ly'/ ef r�nn Snomer,2ew7177n�a State of Colorado, ass. �: County of Boulder, IN THE MATTER OF THE TITLE TO ) SUPPLEMENTAL AFFIDAVIT. REAL PROPERTY IN JOINT TENANCY. ) L. B. FLANDERS, being duly sworn upon oath, deposes and says: That he is of legal age, and that he is a disinterested person, is a resident of the State of Colorado, has no record interest in the prop- erty herein described, and has personal knowledge of the facts herein set forth. A That FRANCIS LeROY McHALE, late of the County of Weld, Colorado, :;died at Route 2, Fort Lupton, Weld County, Colorado, on March 17th, 1959, -and that he was the same person referred to ii the certified copy of the accompanying certificate of death, certified to on November 12th, 1959, by R. L. Cleere, M.D., Director of State Department of Public Health by . ' Neoma M. Sheldon, Deputy State Director of Vital Statistics. That the said FRANCIS LeROY McHALE was at the time of his death •;''.I the owner in joint tenancy with HAZEL LORETTA McHALE, also known as HAZEL. • L. McHALE, of the following described property situate in the County of Weld and State of Colorado. to-wit: a The northeast quarter (Na) and the east half (Et) of the east half (E') of the northwest quarter (NW'Z) of section three (3), in • township one (1) north, of range sixty-six (66) west, containing 200 acres, more or less; The east half (E' ) of the northeast quarter (NE' ) of section five (5), in township two (2) north, of range sixty-seven (67) west; and all of that part of the west half (W' ) of the northeast quarter (NE's) of said section 5 lying east of the Lupton Meadows ditch, con- taining 3.4 acres, more or less; subiect to U, P. R. R. Co. reserve- tiins; together '-.'ith all ditch and water rights appertaining to said premises, including 81 shares of the capital stock of The Coal Ridge Ditch Company and 10 shares of the capital stock of The Lupton Meadows Ditch Company; 0,5 mic ti The southwest quarter (SW's) of the northeast quarter (NE);) and Q the south half (St) of the northwest quarter ($4) of the northeast quarter (NE):) of section thirty-two (32), in township three (3) north, of range sixty-seven (67) west; together with all ditch and m 74 water rights appertaining to said premises, including 20 shares of o -: the capital stock of The Last Chance Ditch Company; Y 01 The southeast quarter. (SE's) of section twenty-six (26); in ` hi* two (2) north, of range sixty-seven (67) west•, together with _ .9A =:,, 'Yteh.and water rights appertaining to said premises, including 1O#e of the capital stock of The Farmers Reservoir E Irrigation NOYc t .r. a _jell. -, :gyp G"� / ;� 3 w it Qrad worn to before me this 13th day of November, 1959, by L. B. Witi( WR.'- y band'and official seal. My commission expires July 22nd, 1963. Illt. a w , Notary Public. r 1 i. W A , • G , i p • k31 i,i i^1[11 i 1 0 .]` v? G 3.1 121 0 U x to t. . , x iti --.4 122 0 \ 1 n o0 w • o a , I.I. . • I • a 411 • •E �tt 'to ... d.coq csi-G. Fv.� - <rxhgl'� r4 .tea f�d�aa�� ggie eg Jf L..,t1K ,ry of dab fd. IMEhi q i hhi:i. _ 1 ) ees Made ttL SOatmA. day of 8pr11 ]D tiej_:-.,,I • star of sat toed ono damned abv heats/and fatty-five Conte of tbs Lbaovoln o .. •Told sad owe etCoQcatCq ca Cs . n.` eirausols Lo@oy ululate it Hanel o• ibiritof 11 , - "' � w w 4 :f .Need-. ew-sad w eN ' •s . �4 M word fenf • ivtTMRteRrNe That the -'S party AIM tIW Tan Ceilara and other perkier end m.tmayeathia d Mr site�.good and valuable oo0eldetotSoaee _ - ebageLAYd he it,atm Sang ac the dal PSIS fa bad lab mr ti tab pool's al flu naiad loth polf*ee Snot p. kat;+aakwd mad seteavltsaed.ho : at ott te.._m� am d by held and 'syed,aorese%pica do Mob heathy Nu.sang at centre veto We tall I'S..of as"coed rate to Sate not a.nag is bat hi job*Penney.a s etweetee of thee,their lady.and the hate and auhaa'pf ema annhor fanny,a comma la let iti i'1.0 •(L� h ehtd dwelled kit o.WPM 61A�drat,bend sod brio b tM t The Test Rolf (34) of WIn Comely Noltheaet quarter.h1E]) of Seotloand 2 Pitt, ('g) trade:• rereerip :'ma (2); the Southenat quarter (Se-o} Scotian lbmnty-ela (264O and nahip Teo (2);2); the So Shoo t-bat quarter (3Eg) of the Northebat :hurter (KO)�tmrtar south of (S%) a (uerter (: ') of rho RoeLLatet • .,� t=. above bola %i p.toe (32), Tonne.".1y Three (3), all of the .. all ,ats-r being -s ditch Meets goat of the 6th P.C., together filth alt thereunto apponainiag. • Actual oonaideratior lose than $loo,00.• • i. • TOOETMER with all and Stake the bereditamau and eppunramnee. thenouto Et, spyrrm'aiax.and the aerexa6n at ecntaiaah remainder and 'seta !aafaa.air.in anI Sa all e a,j,01.. h,,�fie,to the tam Mid demand abatement 4 the teak : and proem t vie and. _ TO HAYS AND TO9 at she tin Sa^'cfdrr B HOLD the all PnmtR with the d dflnneou and, he'n'eeecea _ aid port's of the tuned put,the amst,, aboretarSya.d cad.beltid.wit the app�atR ono M e mr. Ad the aid pa I of the fan that thsk self,ills ad ire het.ad wttoi d:art.aml4ar(on ranraaay ana4 tsanhc and aacee ro add.111. IM.sd l Ala tithe manna and at aditltt'suf dotes gal and the Lehi and Patin of tech apante of the second out she unbar c of Nam. theie ache In anthem Om at the time of to e44.vaae and dawn an t p!Oath ap ante o/ inheritance.La law.. in fee simple'admaha p e 9etM ai at rat w,, picket.abydth aaeioMmonible ante .i tea and cancer ge amt it, Nand;and k,, atilt and right,fell wean and hwan out mar to amx Meade min MM. Ludo nth Sky Ken emit and that ow..t...er fete and ekar from oil loran apt _ 4 t?m?t.'etunmrnta aril Ineambnnen of %Salm hid n robot earn: SabJeet to the follmtlfg; 1945 'taxes due and Pagano 1a 1946; exceptions md.reetrictlsae of tect,r.t mad future aa,eeaento 01 eater right,. 3 and the above buxalmd omelet-On tM ' he cmlaor a thinV their w h.l,, and peaceable Iw••r,.(nn of the n, 14rtW of the amnia rye .,.krdpRy dekko n b skim the v+eok n any d anion of wta.aidStn pin,scene all and mm Ir -b n nd newt. ilt WARRANT AND FOREVER.DEFEND. pan thrtmt,the sail pm 9 of toe bra Part •Pisa ad win IN WITNESS hv1TNE35 WHF.RP.OF,the aid Sang of the d.d 14tt hive Smears.n 1;18 Mad •nl the day and tear Len abate whirr. awe Snot-Sealed end Del ._.Rag 9•A/9t st RF.At.t .- 'PPM r tTAYB OP COLORADO, .... . .....___.... . ,t:FAt.) :I �t tFNt e• 'tea fwerrvne ntaoumrm w,.,.b.retrlc:H wL.- ..w m.. wd traba,tale�1' Arw1] br M b JAR • „ �"''�•• . ... . .s43,he___. Z. W. g c Mama bey mad nd neat gall . • �l t)≥v'.q ;•i qtr tammktbn Ecp,, _�.eh+Vatg_a_j9 2 _-- _—.. -a:II to• w;4.; t Noa. Kw,. A Me T♦ fee-•lftl'er 1 arrr.Omit n,Cah pie : .30 �.aibc tt, d.1;1 • bearded. M.f6'deak.Ct.M. v • °'°�'�H N , -�if1fml� .. rWs:::'�:'��a.r.a..:lwt....ra., n.errcliJM t,R/•) °P. i!D ii jr_.il pp .Jq��gpe I • l f^�ii�f sl•..i n:l. 6th ..la.or ,fame ry . y. . r,.,—,r i' II i..nl....H..,,..i r, . I. ....,1 ad twenty—three bran, l',! • HitRVEV.B. REDD (I I .iI. 1. n.: Welt nail ir: ...,(1 olenete...l:le fir.:F.:rt.von P ROY ISCEALE 'I. 1..,..m•I . Weld and rimy of rrn.nol:..of n.....eor d pm t II \Hrn.•...eh. la a •L...nl port r dottrel pats.fn an.I m...rsi.L+l:rv.0..I fir-,lu..n I _ Sever. Thou r• nd end no/1 00 ($7000000)' 1 o..L• ...1 Im .i e.• tr r Ire q.LN:• 'y I=u m I.nal lien by d' 1 ,nn 1......1_._I...t........,ird I., B "wull'..ny or dl,. .4:. .,r.e-4i I a .. f, crv.,.r•+1.h-nr. nl ..d.l mu(...u.. ._1.genii In rl.. , •Ol pony of dm,.n,ol p b•• hilt �{{ .,1 I.e...Oi • • .p•I 'rl•-rnl..l L.1 .... :not. Imo.%I%um,ml l..ii, .o d r i'..nr..4;4;17 .4. .?. .;...... ..r...a. di ••••• _ The Southwest Quartor (SW0-) of the Northeast Quarter (:;E+) and the South Half (S0) of the Northwoet Quarter (NW#) of , the rdorthecrt Quarter (NE4) of Section Thirty—two (32 , Town ship Three (3) North, Rance sixty—oeven (u7) Toot, ) d.' t • - • . ji'l 4 4 if I, M 1,.f I 1 C • • f r•T .,'' lT-I ,- G 1 ti I. '1'I e;h:TiI I:I:v,L.111 mot-nnniar'd.1,ndlnnn,n-San ',,i.,..‘,.:1 f:n.lnlr!.l.a n-11 vitro.InI.,.L'-I.l'..ii:.: no r:•i,.i .I..... .r I them old d.uaamlmh:.t,ort r'rf1It.1.,rd mu:uudl n.no-lip-or•and prole.an ,.r :0rvl'.Il n,.-..'..,.riri0•ripe..,.n:.1•- I 1;:n. y of the lint ' 1 lean'hirer m Ion . ..piir...n. ...,:.1 to >6..., L.pn un. ..ni•i.a..'In,nli,:un nn mid al•purou nae� 'I'^ it-mill To lime and to Bold Thee:n:l lave I.m+.l...n-..ion':oat.I dod.nob i To.+:I,.ariesoe•..non ' "IL. ROY ROY UcHALS, the.:.ii earl y ..f elm ......a vane ... I hl a loin and a•.igo-fm ere trot qn••:n i HARVEY B. REDD pm y of the lint pan.for 111is Ldn,.rirya..n: I n.Lninklran.n•4008 •' gran..Ir:nniii and agree hi and ufih iir nail lr:lrly ,.f the on,onl rn hie Ira ...clime'. �. :il 1 is in ru•1 a+:,.,r i 4.. ❑in•..flLo•rawniillg mil d,'.ia•ry n(Iln.r :mo•pbLLt Olt,p t4. ((i�. ` 1 he i s well of Mown rvmnyed:o-of g.,el. I yl(k-on.,lo•rL•rl.ahmintr and iml.fi^riLL'nlnl,•of iila,iiaun,•.in law.in ho riigd:'and Ise ® "I°" -on.,per i, good right.full paint and Ianfnl 1 ' tram,bargain,.r11 41101 nnnrg IN.PUMP•tit manner mod form nfon..u,i.l.and dor rho., n•free met dent fan I all former awl'attn want,inrtahn,'air.berm.L n+..o.,.nin.nt.mid inrnn:Lrnu....f%loiterer kind sir ignore.o, .sr. I l fl and the above Inrgnind prrmulr in au quirt and prnaiidn intawewinn of thr:iid sag of tie•mewl fin his „Rein aid',K t%nednei all and erne Irolnnn or p moron lawfully darning ur hi riaini the whole sir tiny purl Ih.n,d,ihr.:rid Ism y of the flan lane nimfl and will WARRANT AXIS ILIIfT4]t I/EF7:\Ile • In Whom Whereof.The Said Pin Y .:f de. lino lari-Im 0 -Winn"On hie bond '2' ' Hs IL i .•L.p rand year amt Anse written: :nun rige"l.mdnl nod•lot:rnd in lha Income'off .�T_ . 1�ba`y'�` ' r�—V iviNv...r/rTTT r -"011' , ' r `e-L 2c . Z.,f)r4�-f • - ;I: .. • •_ • • • fi' • Certificate of Conveyances Weld County Services Department of Planning State of Colorado ) County of Weld ) STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, and fords the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded property to August 30, 1972. LEGAL DESCRIPTION: See Attached Legal Description CONVEYANCES (if none appear, so state): "- Reception No.: 3550436 Parcel 1 & 2 Book: N Reception No.: 3223149 Parcel 1 Book: Reception No.: 2745656 Parcel 1 Book: Reception No.: 2745655 Parcel 1 Book: Reception No.: 2006658 Parcel 1 Book: • Reception No.: 1894400 Parcel 1 Book: Reception No.: 1806699 Parcel 1 Book: x- Reception No.: 1799387 Parcel 1 Book: ' Reception No.: 1449215.Parcel 1 Reception No.: 3223143 Parcel 2 Reception No. : 2726446 Parcel 2 Book 327 page 123 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 15 day of December, 2010, at 3:30 PM. STEWART TITLE OF COLO O BY: Authorize ignature • • eRecorded in Weld County,CO Doc Id:3550436 04/28/2008 04:56 P Receipt*:7355701 Page:1 of 7 Total Fee:$336.0O Steve Moreno,Clerk and Recorder Ones recorded rolum to: • Randall G.Alt - Otten Johnson 95017e Shoal,Suite 1600 • • Oenver,CO 60202 SPECIAL WARRANTY DEED kWPI THIS DEED,is made,entered into and effective the th day of April,2008 between - - READY MDCED CGNCRETE COMPANY, a Colorado corporation, whose business address is 4395 Washington Street,D Denver,Colorado 80216 Mr-Miter")and L.G.EVERIST,INCORPORATED,an Iowa corporation whose business address is 7321 East 88th Avenue,Suite 200,Henderson,Colorado 80640(hereinafter"Grantee"). WITNESS,that the Grantor,for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed, and by these presents does grant,bargain, sell, convey and conf nn unto the Grantee and Grantee's successors 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: • SEE EXHIBIT"A"ATTACHED HERETO AND HY THIS REFERENCE INCORPORATED HEREIN. Also known by street and number as: 12248 WCR 15,Longmont,Colorado. TOGETHER with all and singular the hcreditameots and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. EXCEPT it is expressly understood that the subjacent support of the "Parcel 2" described in .Exhibit"A"may have been impaired by mining operations heretofore carried on beneath the surface thereof:and the grant of this deed is made upon the condition that Grantor,its successors and assigns shall not be liable for damages resulting therefrom. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the Grantee and Grantee's successors and assigns forever. And the Grantor,for Grantor and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee and Grantee's successors and assigns,that at the time of the caseating and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant,bargain,sell and convey the some in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, • ka3a-ri 16V Security Title • eRecorded in Weld County,CO Doc Id:3550436 04/28/2008 04:56 P Receipt#:7355701 • Page:1 of 7 Total Fee:$336.00 Steve Moreno, Clerk and Recorder Once recorded return n to: Randall a Alt Often Johnson 950 17"Streak,Suite 1800 • Derwer,CO 80202 At- SPECIAL WARRANTY DEED 4h THIS DEED,is made,entered into and effective tha day of April,2008 between READY MIXED CONCRETE COMPANY, a Colorado corporation, whose business address is 4395 Washington Street,.Denver,Colorado 80216("Creator")and L.G.EVERIST,INCORPORATED, an Iowa corporation whose business address is 7321 • East 88'"Avenue,Suite 200,Henderson,Colorado 80640(hereinafter",grantee"). WITNESS, that the Grantor,for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed, and by these presents does grant,bargain, sell, convey and confirm unto the Grantee and Grantee's successors end 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: • SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. Also known by street and number as: 12248 WCR 15,Longmont,Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions,remainder and remainders, rents, issues and profits thereof, and all the estate,right,title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. EXCEPT it is expressly understood that the subjacent support of the "Parcel 2" described in Exhibit"A"may have been impaired by mining operations heretofore carried on beneath the surface thereof,and the grant of this deed is made upon the condition that Grantor,its successors and assigns shall not be liable for damages resulting therefrom. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the Grantee and Grantee's successors and assigns forever. And the Grantor,for Grantor and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee and Grantee's successors and assigns,that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, • afnln3011 Security Title • • encumbrances and restrictions of whatever kind or nature soever, except those matters set forth on Exhibit"B"attached hereto and by this reference incorporated herein. The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee and Grantee's successors and assigns,against all and every person or persons lawfully claiming the whole or any part thereof by, through or under Grantor. IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. READY MIXED C�T COMPANY, a Colorado corpora ti By:Title: ?fel Ai ek— ACKNOWLEDGEMENT STATE OF COLORADO ) • ) ss. COUNTY OF WELD )The foregoing instrument was acknowledged before me this day of April,2008,by Ronald S.Henley,as President of Ready Mixed Concrete Company,a Colorado corporation. Witness my hand and official seal. c--- OllaThd /" Notary Public`¢V wPUB•, My commission expires: Pe,- 00/6 o t zl susAP!E. GUAM • LOF COp1�g • • Exhibit"A" To • Special Warranty Deed LEGAL DESCRIPTION Parcel 1 That part of the W1/2 of Section 32, Township 3 North, Range 67 West of the 6'h P.M., County of Weld, State of Colorado, lying West of the right-of-way of the Union Pacific Railway Company; except that portion thereof lying North of the center of the public highway more particularly described in instrument recorded in Book 296 at Page 556. TOGETHER with and specifically including, without limitation, all sand, gravel, aggregate, stone, rock, silt, clay, shale, overburden, topsoil (and all other valuable solid minerals currently owned by Grantor on the date hereof) lying in, on and/or under the real property, and all mineral rights relating to solid minerals of whatever kind and nature currently owned by Grantor on the date hereof except oil and gas and other hydrocarbons. • Parcel 2 That part of the W1/2 of Section 32,Township 3 North,Range 67 West of the 6i°P.M.,lying West of the North-South centerline of the former Union Pacific Railroad Company's right-of-way, Weld County,State of Colorado,specifically including,without limitation,all sand,gravel,aggregate,stone, rock, silt, clay, shale, overburden, topsoil (and all other valuable solid minerals currently owned by • Grantor on the date hereof) lying in, on and/or under the real property, and all mineral rights of whatever kind and nature currently owned by Grantor on the date hereof. • • Exhibit"B" To Special Warranty Deed LIST OF PERMITTED EXCEPTIONS I. Taxes and assessments for the year 2008 and subsequent years, a lien not yet due or payable. 2. An easement for pipe line and incidental purposes granted to Sinclair Pipe Line Company, a Delaware corporation by the instrument recorded March 27, 1963 in Book 642 at Page 181. 3. An easement for pipe line and incidental purposes granted to Sinclair Pipe Line Company, a Delaware corporation by the instrument recorded October 23, 1962 in Book 494 at Reception No. 1419698 and amendment thereto recorded March 14,2006 at Reception No. 3370437. 4. An Oil and Gas Lease, from Fred Craig as Lessor(s) to Martin J. Freedman as Lessee(s) dated April 28, 1970, recorded May 26, 1970 in Book 626 at Reception No. 1548033,and any and all assignments thereof or interests therein. 5. An undivided 40% interest in all oil, gas and other minerals, conveyed to Regina Mineral Resources, Inc., a Colorado corporation by Mineral Deed, recorded May 9, • 1980 in Book 902 at Reception No. 1824424, and any and all assignments thereof or interests therein. 6. An undivided 40% interest in all oil, gas and other minerals conveyed to Jackson Digging & Trenching, Inc. a Colorado corporation by Mineral Deed,recorded May 9, 1980 in Book 902 at Reception No. 1824425, and any and all assignments thereof or interests therein. 7. An Oil and Gas Lease, from Geist Bros., a general partnership as Lessor(s) to The Vessels Company, a partnership as Lessee(s) dated May 27, 1981, recorded May 27, 1981 in Book 937 at Reception No. 1858847, and any and all assignments thereof or interests therein. 8. An undivided 40% interest in all oil,gas and other minerals conveyed to Geist Bros.,a general partnership by Mineral Deed, recorded May 27, 1981 in Book 937 at Reception No. 1858845,and any and all assignments thereof or interests therein. 9. An undivided 40%interest in all oil, gas and other minerals conveyed to Geist Bros.,a general partnership by Mineral Deed, recorded May 27, 1981 in Book 937 at Reception No. 1858846,and any and all assignments thereof or interests therein. 10. An undivided 1/2 interest in all oil, gas and other minerals as conveyed to John H. • Pivonka and Lorraine L. Pivonka, but reserving an undivided '/ interest to Ernest • • Geist and an undivided `'A interest to Alvin B. Geist recorded June 14, 1982 in Book 970 at Reception No. 1894400, and any and all assignments thereof or interests therein. 11. An Oil and Gas Lease, from John H. Pivonka and Lorraine L. Pivonka as Lessor(s) to The Vessels Company as Lessee(s) dated May 27, 1983, recorded May 13, 1983 at Reception No. 1926973,and any and all assignments thereof or interests therein. 12. An undivided full interest in other minerals, except oil, gas and other hydrocarbons conveyed to John H. Pivonka and Lorraine L. Pivonka by Mineral Deed, recorded March 26, 1985 at Reception No.2003400, and any and all assignments thereof or interests therein. 13. An undivided full interest in all other minerals,except oil, gas and other hydrocarbons conveyed to John H. Pivonka and Lorraine L. Pivonka by Mineral Deed, recorded March26, 1985 at Reception No. 2003401, and any and all assignments thereof or interests therein. 14. An undivided 1/4 interest in all oil, gas and other minerals conveyed to Regina Geist by Mineral Deed, recorded July 6, 1983 at Reception No. 2003965, and any and all assignments thereof or interests therein. 15. An undivided full interest in all oil, gas and other minerals conveyed to Owens Bros. Concrete Co., a Colorado corporation by Mineral Deed, recorded April 22, 1985 at Reception No. 2006658, and any and all assignments thereof or interests therein. • 16. An undivided 1/2 of all interest in all oil, gas and other minerals conveyed to Darlene M. Geist by Mineral Deed, recorded February 18, 1988 at Reception No. 2131235, and any and all assignments thereof or interests therein. 17. An undivided full interest in all oil, gas and other minerals conveyed to Union Pacific Resources Company, a Delaware corporation by Mineral Deed, recorded October 15, 1991 at Reception No.2266107, and any and all assignments thereof or interests therein. (affects the abandoned railroad right of way) 18. An Oil and Gas Lease, from Union Pacific Resources Company, a Delaware corporation as. Lessor(s) to Vessels Oil and Gas Company as Lessee(s) dated November 1, 1983, recorded December 23, 1991 at Reception No. 2273080, and any and all assignments thereof or interests therein. (affects the abandoned railroad right of way) 19. An undivided 1/8th interest in all oil, gas and other minerals conveyed to Peter Geist by Mineral Deed,recorded November 3, 1995 at Reception No.2462420, and any and all assignments thereof or interests therein. 20. An undivided 1/16th interest in all oil, gas and other minerals conveyed to Alvin B. Geist by Mineral Deed, recorded November 3, 1995 at Reception No.2462421, and any and all assignments thereof or interests therein. • • 21. An undivided 1/16th interest in all oil,gas and other minerals conveyed to Darlene M. Geist by Mineral Deed, recorded November 3, 1995 at Reception No.2462422, and any and all assignments thereof or interests therein. 22. An easement for lateral ditch and roadway and incidental purposes granted to Gilbert P.Accord by the instrument recorded August 29, 1996 at Reception No.2508646. 23. An undivided 3/16th interest in all oil, gas and other minerals conveyed to Geist Mineral Trust by Mineral Deed, recorded July 22, 1999 at Reception No.2708512, and any and all assignments thereof or interests therein. 24. An undivided 3/16th interest in all oil, gas and other minerals conveyed to Geist Mineral Trust by Mineral Deed, recorded July 22, 1999 at Reception No. 2708513, and any and all assignments thereof or interests therein. 25. Terms, conditions, and provisions of Agreement For Road Improvement for County Road 15, by and between Owens Brothers Concrete Co. and The Board Of County Commissioners of Weld County,Colorado recorded August 19, 1997. 26. Disclosure Statement as contained in the Deed from the Union Pacific Railroad Company, a Delaware corporation to Owens Bros. Concrete Co., a Colorado corporation, recorded October 13, 1999 at Reception No.2726446, providing the following: "It is expressly understood that the subjacent support of the property may have been • impaired by mining operations heretofore carried on beneath the surface thereof, and the quitclaiming of the property is upon the condition that Grantor, its successors and assigns,shall not be liable for damages resulting therefrom." 27. Terms, conditions, provisions, and restrictions as set forth on the Site Specific Development Plan and Use By Special Review Permit No. 1102, Certifications, Conditions, and Development Standards Owens Brothers Concrete Company recorded December 1, 1999 at Reception No. 2735735. 28. An undivided full interest in all oil, gas and other minerals conveyed to Earl L. Owens by Mineral Deed, recorded January 21, 2000 at Reception No.2745655, and any and all assignments thereof or interests therein. 29. An undivided full interest in all oil,gas and other minerals conveyed to Owens Family Limited Partnership, L.L.L.P. a Colorado limited liability limited partnership by Mineral Deed, recorded December 27, 1999 at Reception No. 2740695 and re- recorded January 21, 2000 at Reception No. 2745566, and any and all assignments thereof or interests therein. 30. Notice of Oil and Gas Interests and Surface Use by HS Resources, Inc. recorded January 24, 2001 at Reception No. 2821214. • • 31. An easement for electric facilities and incidental purposes granted to United Power, Inc.by the instrument recorded November 15,2002 at Reception No. 3005645. 32. An easement for electrical transmission lines and incidental purposes granted to Tri- State Generation and Transmission Association, Inc. by the instrument recorded June 26,2003 at Reception No. 3077435. 33. Disclosure statement as contained in Deed from Owens Bros. Concrete Co., a Colorado corporation to Ready Mixed Concrete Company, a Colorado corporation recorded September 29,2004 providing the following: "It is expressly understood that the subjacent support of the property may have been impaired by the mining operation heretofore carried on beneath the surface thereof, and the quitclaiming of the property is upon the condition that Grantor, its successors and assigns shall not be liable for the damages resulting therefrom." 34. An undivided full interest in all minerals, except oil, gas and other hydrocarbons conveyed to Ready Mixed Concrete Company, a Colorado corporation by Mineral Deed, recorded September 29, 2004 at Reception No. 3223149, and any and all assignments thereof or interests therein. 35. Memorandum of Surface Damage and Release Agreement by and between Ready Mixed Concrete Company and Encana Oil and Gas (USA), Inc. recorded August 25, 2005 at Reception No. 3316665. • 36. Request For Notification of Surface Development by Encana Oil And Gas(USA),Inc. recorded April 21,2006 at Reception No. 3381180. 37. An easement for underground sanitary sewer lines and incidental purposes granted to St. Vrain Sanitation District by the instrument recorded January 3, 2007 at Reception No. 3445230. 38. Memorandum of Surface Damage and Release Agreement by and between Ready Mixed Concrete Company and Encana Oil And Gas (USA), Inc. recorded March 6, 2008 at Reception No.2540048. 39. Any portion of the land which lies within any roads,including Weld County Roads 15, 26,and 26'/4. 40. Any portion of the land which lies within Last Chance Ditch, and the rights of others to that portion of the land lying within said ditch,together with such adjoining land as may be used or useful in connection with use or maintenance of that ditch. • 11II1I11111111111111111 Mil VIII 11111111111111 ill/1111 • 3223149 09/29/2004 01:18P Weld County, CO 1 of 3 R 16.00 0 38.50 Steve Moreno Clerk&Recorder SPECIAL WARRANTY DEED THIS DEED,is made,entered into and effective the 28111 day of September,2004,between OWENS FAMILY LIMITED PARTNERSHIP, L.L.L.P., a Colorado limited liability limited partnership, whose legal address is 5550 Sheridan Boulevard, Arvada, Colorado 80002,of the County of Adams and State of Colorado("Grantor"),and READY MIXED CONCRETE COMPANY,a Colorado corporation whose legal address is 4395 Washington Street,Denver,Colorado 80216("Grantee"). WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee and Grantee's successors and assigns forever, all die real property, together with improvements, if any, situate, lying and being in the County of Weld, and State of Colorado, described as follows: SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. • Also known by street and number as: 12248 WCR 15,Longmont,Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of 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 and Grantee's successors and assigns forever. And the Grantor, for Grantor and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee and Grantee's successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant,bargain, sell and convey the same in manner and form 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 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 possession of the Grantee and Grantee's successors and assigns,against all and every person or persons lawfully claiming the whole or any part thereof by, through or under Grantor. • IIIIII IIIILIIIII IIIIII III IIIII IIIIII III IIIII IIII III' • 3223149 09/29/ 004 01:18P Weld County, CO 2 or 3 R 18.00 D 38.60 Steve Moreno Clerk b Recorder The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. OWENS FAMILY LIMITED PARTNERSHIP L.L.L.P. Eadieet-e2C-&s..4,-..--____.) Tide:Ls.e....afl. , Cer- STATE OF COLORADO ) ) ss. COUNTY OFlirlu >z ) The foregoing instrument was acknowledged before me this 2 day of 2004,by hlt adEo>N ,�f�, F of Jens .n,lr l,nu i� laY{i s1,111IP 1. Witness my hand and official seal. Not Public illMy commission expires: 16/ � sOTARp \11}t}t OF COL '' • 1111111 IIIII NI II 111111,111 IIIII OE 111 ltlll 1!!1111 of 13 09/29/2004 1% Weld County, CO I • 35.60 Steve Moreno Clerk$ Recorder Exhibit A To Special Warranty Deed LEGAL DESCRIPTION That part of the W1/2 of Section 32, Township 3 North, Range 67 West of the 6ih P.M., County of Weld,State of Colorado,lying West of the right-of-way of the Union Pacific Railway Company; Except that portion thereof lying North of the center of the public highway more particularly described in instrument recorded in Book 296 at Page 556. TOGETHER with 100%of all minerals,except oil and gas and other hydrocarbons. Also known as 12248 WCR 15,Longmont,Colorado Assessor Tax Parcel: 120932000027(land) 120932000035(producing mine) • • 111111111111111111 FIE III I I I II1I 01/I I I I 2745665 01/21/2000 03:29P JA Bold Tgukamolo 1 of 1 Ft 6.00 0 31.50 Weld County CO Recorded at o'clock, .hl, Reception No. Recorder. SPECIAL WARRANTY DEED lar THIS DEED,Made this• dayof -- "1- 1999 between OWENS BROS.CONCRETE CO.,a Colorado corporation of the County of Adams and State of Colorado,grantor,and EARL L.OWENS • whose legal address is 5550 Sheridan Blvd.,Arvada,CO 80002 of the County of Adams and State of Colorado,grantee: WITNESS,that the grantor,for and in consideration of the sum of$315,000.00 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 confirm 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: That part of the Wl/2 of Section 32,Township 3 North,Range 67 West of the 6th P.M.,lying West of the right- of-way of the Union pacific Railway Company:EXCEPT that portion thereof lying North of the center of the public highway more particularly described In instrument recorded in Book 296 at Page 556. TOGETHER with 100%of all minerals,except oil and gas and other hydrocarbons. TOGETHER with any nod all water,water rights,ditch,ditch rights,reservoir and reservoir rights attached hereto or appurtenant thereto and utilized In connection with the above-described property,including 1'4 shares of the Capital Stock of the Last Chance Ditch Co. TOGETHER with all and singular the hereditamems and appurtenances(hereunto 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 oftha grantor,either in law or equity,o4 in and to the above bargained premises,with the heredimments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs and assigns forever. And the grantor,for itself,its successors and assigns,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time ofthe ensealing and delivery of these presents,it is well seised ofthe premises above conveyed,has good,sure, psell r and convey lute and indefeasible estate of inheritance,in law,in fee simple,and hat good right Rill power and lawful authority to grant,bargain, the same in manner and forth 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 saever,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, possession foTh grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable p grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof by, through or under grantor. The singular number shall include die plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. OWENS BROS.CONCRETE CO.,I Cola corporation By: Name/Title: of a r-7 STATE OF ) )es COUNTY OF The foregoing instrument was acknowledged before me this 3,mL, day of '1,5_r___, 1995 by (\l s tk u 4 F fi roe WS as 2As., err of Owens Bros. Concrete Co.,a Colorado corporation. My commission expires: Witness my hand and official seal. Lt) Notary Public OWENS/WeldC0Deed BET TY H, GILLI5 NOTARyp�BLIC STATE OF COLORADO • MY Commleaton Esplma IMAlpOt I111111 IIhlNIN111111flItIO11111n1 IU Jill Ill!1HHI Recorded at o'clock. .M 2740695 12/27/1999 04:19P JA Sukl TaDNamoto Reception No. 1 of 1 R 5.00 0 0.00 Weld County CO • 695 SPECIAL WARRANTY DEED ThIS DEED,Made this fday of Jw-7 1999 between IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII EARL L.OWENS 0 000 03Wel JA Tnukamolo Dt 1 R 5.00 D 0.00 Weld County CO of the County of Adams and State of Colorado grantor,and OWENS FAMILY LIMITED PARTNERSHIP,LLLP.,a Colorado limited liability limited parmerehip whose legal address is 5550 Sheridan Blvd.,Arvada,CO 80002 of the County of Adams and State of Colorado,armlet. WITNESS that the grantor,for and in consideration of the sum of TEN DOLLARS the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold end conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the grantee,h• is 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: That part of the WI/2 of Section 32,Township 3 North,Range 67 West of the 6'a P.M.,lying West of the right- of-way of the Union pacific Railway Company; EXCEPT that portion thereof lying North of the center of the public highway more particularly described in Instrument recorded in Book 296 at Page 556. TOGETHER with 100%of all minerals,except oil and gas and other hydrocarbons.TOGEER with y and all water,water hereto or appurtenant nt thereto and utilized in connectiongwithdthe above-de,ditch scribed properthts,reservoir y,ind cluding reservoir '/,shares of the Capital Stock of the Last Chance Ditch Co. • THIS DEED WAS GIVEN FOR NOMINAL CONSIDERATION AND IS,THEREFORE,EXEMPT FROM DOCUMENTARY FEES AND TAXES. TOGETHER with all and singular the hereditament,and appurtenances thereunto belonging,or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,tight,title,Interest,claim and demand whalsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hertditamenu and appunenances. • TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee, its successors and assigns forever. And the grantor,for himself,his heirs and assigns,does covenant,grant,bargain and agree to and with the grantee,Its successors and assigns,that at the time of the caseating and delivery of these presents,he is well seized of the premises above conveyed,has good,suit,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good tight,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid•and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and resticions of whatever kind or nature soever,except for taxes for the current year,a lien but not yet doe or payable,easements,restrictions,reservations,covenants and rightsofway of record,if any, The grantor shall and will WARRANT AND FOREVER DEFEND the abnve.bargained premises in the quiet and peaceable possession of the grantee,his successors and assigns,against all and every person or persons lawfully claiming the whole or any pan thereof by. through or under grantor. The singular number shall include the plural,the plural the singular,and he use of any gender shall be applicable to all genders, IN WITNESS WHEREOF the grantor has executed this deed on he date set forth above. ss Earl L Owens STATE OF e1,e rao I COUNTY OF AbAmi sx; Thc foregoing instrument was aclmowledged before me thh nd day of "Dv.c, 1999,by Earl L Owens. My commission expires: Witness my hand and official seal. Notary Public I ('.G OWEN5IWeldCoOeed to FLP BETTY H.GILLIS NOTARY PUBLIC STATE OF COLORADO My Commission Dynes 10127/2001 AR2006658 B 1066 REC 02006658 04/22/85 10:43 $3.00 1/001 F 0495 MARY ANN FEUERSTEIN CLERIC 6 RECORDER WELD CO, CO • • • RECORDER'S STAMP THIS DEED Made this 19th day of April • i$5 ,between JOHN H. PIVONRA and LORRAINE L. PIIVONRA . . Co unty of Logan • and State of Cola State Documentary Fee i redo,of the first part,and OWENS BROS. CONCRETE'•CO., - • Date-. APR 221995 a corporation organized and Un _ existing under and by virtue of the laws of the State of Colorado • _..Z.`4.�'Q —�""' of the'second part:whose legal address is 5550 Sheridan, Arvada, Colorado, 80002, WITNESSETH,That the said part ie.S of the first part,for and in consideration ofthe sum of FOUR HUNDRED THOUSAND AND NO/100 * * * ($400,000'.00) * * *.* *.* * t * *DOLLARS to the said part ies of the first part in hand paid by the said party of the second part,the receipt whereofis hereby confessed and acknowledged,has granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm,unto the Bold party of the second part,its successors and assigns forever, all of the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado,to wit: That part of the W1/2 of Section 32, Township 3 North, Range 67 West of the 6th P.11., lying West of the right-of-way of the Union Pacific Railway Company; EXCEPT that portion thereof lying North of the center of the public highway , more particularly described in instrument recorded.in Book 296 at-Page 556. TOGETHER WITH 100X of all minerals, except oil and gas and other hydrocarbons. TOGETHER WITH any and all water, water rights, ditch, ditch rights, reservoir and reservoir rights attached hereto or appurtenant thereto andutilized in connection with the above-described property,.including 1-1/2 shares of the Capital Stock of the Last Chance Ditch Co. also known as street and number Vacant land-no address. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or In anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all • the estate,right,title,interest,claim and demand whatsoever ofthe said parties of the first part,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 said party of the second e part,its successor and assigns forever.And the said part ies of the first part,for them sel ves, emirs,executors,and administrators,do covenant,rant,bargain and agree to and with the said party of the second part,its successors and assigns,that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and hare good right,fun power and lawful authority to grant, bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments and encumbrances of whatever kind or nature' so er, EXCEPT taxes for 1985 payable in 1986; subject to.easements, rights-of-way, oil and gas leases of record; and existing•public roads, irrigation ditches and utility lines; and a Deed of Trust from Geist Investments Corporation to Fred Craig and Neville Craig dated August 8 1979, and recorded August 8, 1979, in Book 877 as Reception No. 1799388, Weld County records, which shall remain of re- cord,l ang regain the obligation of Pt st P rties here' to napy ce ppin t t and the n owe nrgameo premise�m TFie quiet arm peaceaW possession ox he anti party ox mmFe setona part,its* successor and assigns,against all and.every person or persons lawfully claiming or to claim the whole or any part thereof,the said part ieef the first part shall and will WARRANT AND-FOREVER DEFEND. IN WITNESS WHEREOF,The saidpardes of the first earth ve hereunto set their hands and seals the day and year first above written. *and conditions thereof. ft�� Signed,Sealed and Delivered in the Presence of r G -w"2s '-a--�'— [SEAL] Linn; . avonka cLoorr acne L. Pivon �fp� [SEAL? Iil.n..vrt ninjeJ(SEAL) STATE OF COLORADO, /atk,(U,'- County of LARINER • ;f,eottn'ordgei4instru meet was acknowledged before methis 19th day of April $e4 Li t Pivonka and Lorraine I,. Pivot. Illy*brr`4Iskio*expires February 23, 1988. • ant•19vnI .S VAXrhectIiand official seal. '•.'F°F'C 0 0 r. . /gun r��— ��i�c0eV Yvonne Lincoln // . Notary wbn.. `'—••—"•' 745 N. Lincoln AY e No.M.1VAleaANTT DEED TO CORPORATION—For Ph,ruarnphle Record. eyy —Bradford PubllnhOorCo..5B?.145 Eton Sore,,,Denver.Caleredv(5:y5m¢Ie-:: . B 0970 REC 01894400 06/14/82 10:09 $b.00 1/002 • AR3694400 " F 0209 MARY ANN FEUERSTE IN CLERIC h RECORDER WELD. CO, CO Rel.""' • • THIS DEED,Made this 1st day of June , l98?, between GEIST BROS. , a General Partnership, State DocumtaryratData.:..a11kN::1en r19 of the County of•Larinier and Slate of Colorado, u • • o of the first part,and JOHN 11. •PIVONKA and•LORRAINE L. PIVONRA, not as. joint tenants but as tenants in condnon, whose legal address is 17566 County Road 30, Sterling, Colorado 80751 . of the County of Logan and State of Colorado,of the second:part: WITNESSETH,That the said part y of the Brit part,for and in.considcralion of the sum of Three Hundred Fifty Four Thousand "DOLLARS, to the said pan y ofthc first part hi hand paid by the said parries of the sccoed part,the rebeiprwhereofis hereby confessed arid acknowledged,ha .S giaiiied,bargained;sold"and conveyed,and by these presents do e grant,bargain,sell,Convey and Confirm;Unto the said part ies of the seeond part, their heirs and assigns fore4cr,alfthe following descrified lot or parcel Of land,situate,lying and being in the County of Weld and Stale Colorado,to wit: . Al]. that" part ofth'e 1'l l/2, Section 32, Township .3 North, Range 67 West of the `6th-P,14 lying West:of the right of'Way`of the Union Pacific Railway Cornpanyand-EXCEPT'ttint•portion lying North of the center of the public '.highway Wore particularly described by instrument recorded in Book 296, Page_ 556, Weld collrity records. TO9ETI1LWI4vith any and all .water; 'water rights, ,ditch, ditch_.rights, . reservoir,and reservoir rights"attached.hereto or..appurtenant �h"exelq�and utilized in connection with the above-described propert rinhlli'dirg, b'ut not limited tot 1 1/2 shares' of the capital stock of the Last;;chance Ditch Co. • • TO9ETHER,with ,an undivided 1/2 of ail of the 'Oil, • gas/and other intriWals"in*; on, .under, or that may be produced therefrom. P RESERVING;. however, •an.undivided 1/4•of .all Of the"oil, gas and other.minerals in; on; under, or that May be produced therefrom • unto 'ERNEST' 'GEIST. • • RESERVING,`:however, an undivided,1/4 of a11`of th'e 01;x gas and 'Other minerals in, on, under, or that may hetroduced therefrom unto ALVIN B, GEIST. • • • • • • • • also known as street and number: Vacant .land--no address. TOOETHPJt with all and'singular the hereditaments.and appurtenances thereto belonging,or in anywise • appertaining,and the reversion and reversions,remainder and remainders;rents,issucsaod profit's thereof;and all • the estate,right,title,interest,claim and demand whatsoever of the said pan y. of the first part,Other in law or equity,of,in and to the above bargained premises,with the heredilamenls and appurtenances. • No.4O.WARRANTY DEED—For Pbotopapkk Retool—B,adrord Publishing Co.•1824.465ion1SOW,Denver,Colorado —tmr& • B 0970 REC 04094400 06/14/02 10:09 $6.00 2/002 F 0210 NARY- ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ` • TO HAVE AND TO HOLD the said premises above bargained.and described,with the appurtenences,'unto the ' said part ies Vie second part theiiyeln and Antos forever.And the said part y of the first pat, for its eel if,ith in,executors/aid admlolatnton,do es covenant,grant,bargain and agree to and with the said part ies of the second part,theilhetn and assigns, that at the (tine of the caseating and delivery of then.:presents'•it 'is. well'seized of the-premlxe above conveyed, as of'good, sure, perfect, absolute and indefeasible eatate of inheritance,in law, In fee simple,and has good right,full power and lawful authority to grunt, bargain,sell and convey the same in manner and form as aforesaid, and that the acme are free end clear from all former and other grants, bargains,ales,liens,'taxes, assessments and encumbraneza of whatever kind ornaturc Meyer; except taxes."for'1982 payable in 1983,..'easements, rights : of way.'and:oil •and gas- leases of record; .and -existing'public roads irrigation -ditches, and utility lines; •and a deed--of- trust from Geist Investtnents-Corporation:to Fred Craig and'NeviTletCraig, dated August 8, 1979, and recorded August 8, 1979 in Book 877 as Reception Not 1799388, Weld County records,- which second parties hereby assume and agree to pay; • and'the above bargained premises In the quiet end peaceable possession of the mild had ies of the second part, theiy,eirs'and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said part), of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WREREOF,the said part y of the first part ha s hereunto set its hand and seal the day and year first above written. Signed,sealedand Delivered In the Presence of ._GE _T B Os, d e ral Part ip • enera r n�"' 13Y- GenerZF ar her • STATE OF COLORADO, )} • 4ctE iint��••••••'-E,��, 6ountiot Lorimer ,, j�', • • _ .- \1'A e fordtdic �pstsumenI.was acknowledged before me this ls.t day of June fa .8 Fy. Ott Geist, general partner, and Alvin B. Geist, general j Jppp�M* reeis.t Bros. , a general partnership, l@� sPtamla:f°n451r (February 23 •Ifl 84•H'Stnees my hand and official seal. 4 At e� .. ._ O,r• n u ie.Ji onfie 'Maxfiel G /� "'^ait�" COLOt 745 Lincoln Avenue '.11....*;, -' Lovelalfd; Colorado 80537.- • b I - o m ji , { I;P y 11 �y�, Q A' I I 4-1 a i ^ 1 i 1 ' f per. i w ti i .t 'Cr g I i -a I I I I ' Hl'-r I g" I og i gi & [ I Ida t I �ipv 0O p i . I H 1( I ato s g 4 ( i r I c4.0•It i-, F� r. 1 z , of t-1 o C .A f I I ii i ro ni ` n "c4i Q 1 ?; p. 8 i p.a,-t .r II • ! ar 4 ,a, a 9 I I F I !Roml m •v a1 d z Q w� xi .{ ra. B ( I i of^a !g xiet OLP tI. 1 2i i t i i i tt 'w O] I. i 4, i I z $v w h Uf • V'i P4i ^ri i j a I I IQ ,4 '�o 175i 1 I s. l a a w . 1 � m Na iw . •-ttnietg.e..t. .alliEnnl+; i1S"::.,t;+. 4-'? : .max, r,,+.er.,o,7, ..r''"r' .R-ie xi-0 z �•F popp Q' 895 Reception No... Recorded at....., �� .aclock..p H... QC 1-6-181.9-- Weracau^hr Colorado ego • t �. �L4 DEED, Made thin let Joy of October R.corder'a Rtup 1 1p 79 between ' GEIST INVESTMENTS CORPORATION, 'I a corporation duly nl'gonirea and,aiming Undo,.and by virtue of the lawn V'• Colorado Col it of the State of of ths first pan•and • !• GEIST BROS. , a General Partnership, II ': whose legal address,is 745. Lincoln Avenue, Loveland of the - County of Larimer and Slabs of ° Colorado of the serous Part: .. W ITNE.SSRTft,That the tmid party of the first part,for and in canddention of the sum of • Ten Dollars and other good and valuable considerations 1 to the mid party of the first pan in hunk paid by the raid part y of the second part,the receipt whereof a here. � t- by confused and acknowledged,bath granted•bargained,soldand conveyed,and by them amends del4 suce e giant hatgain,sell,convey and cantina unto the wrund Ian, it a ��.�aar.4n.far- - "1ever,all of the fallowing described lot or panel of land.situate,lying and being In the ! County or Weld and State of Colorado,to wit: en All that part of the W3. Section 32, Township 3 North, Range 67 , West of the 6th Principal Meridian lying West of the right of way o74 of the Union Pacific Railway Company, EXCEPT that portion lying North of the center of the public Highway more particularly des- cribed by instrument recorded in Book 296, Page 556. Weld County Records; Together with any and all water, water rights, ditch, ditch rights, inreservoir and reservoir rights attached thereto or appurtenant 1 ,' cluding, bnd ut utilized connection shareshofatheecapitalbst property,ht Last Chance. Ditch Co. TOGETHER with all and singular the hereditament,and nppue teuwnee (hereunto lelonglug,or in anywise appertaining.and the reversion or revenlonr, remainders, rents, buurs and profits thereof; and all the eats, right,title,Interest,claim and demand whatsoever of the Fold party of the first part,either In Inc or t4dty,eS le and to the above bargained premise,with the hereditament.and appurlenanwn. TO HATE AND TO HOLD the laid premises shove hematite('and dermas::,with the appaleanro.unto the• said part y of the second part,it a succeeabetand assigns forever.And the said Geist Invest- - { manta Corporation, and Is mrterwre,Jnlh maenanl, parYattire fuatparl,foritself. grant,bargain,and agree to and with the said party of the attend sari.its 8uccessoiiRk,and sedans,that at the time of the caseating and delivery of these pats It is well. • seised of the premien-above conveyed,us or a good,pure.prefer',&solute and indefeasible.state of'abstinent..in law,in fee simple,and bath good right,full power and lawful authority to grant,barga4k sell and gamey lb.some in manner and funs aforesaid,and that the name are free and clear from all former and other grant'bergds,. nales.lit•ns.laeganwnomensarA Encumbrances of whatmrer kinder nature mover;except taxes for 1979 payable in 1980. Oil & Gas Lease recorded in Book 626 as Reception _ and ao. 5deed3ofetrustndated August 8,restrictions, theons and amount ofghts of$210 000.000 in favor of Fred Craig and Neville Craig, And its IJw rdIlremisesin the quiet and peaceable passnsionof the said part y of the secodpart .. ;e n and assigns.against dl and every person or persons lawfully eladmtag or to claim the wale or shy ppn tlpeef,the said party of the first part shall and will WAItItANT AND b'ORb1Elt DEFIOID. „tll'W1TIs' t WNEREOF,.The said party of the first pan bath rauwd its corporate none to be hereunto otheirlbd by Its President,and Its corporate real to h e hereunto affixed•alleged by its - r' Baer N,rte isarhldwar Mill abort written. µc �j ✓ • s' GEIST INVESTMENTS GOREORATION f C. 1, it'' : I .,: a' hotilint STATE OF CUI.ORADO. I - b,'.... it. ... County of_.Latimer - - - — Ilia reechoing lmtmment was acknowledged'wrote in..Otis- 1S t .by fir October Ip 7gtip Ernest Geist. as Pawkiest.ee Ado n•4t Saiet, a Nan of ; ,rg4.iit/� rivestments Corporation, n pamllett _' ,A_ 'fl' ;.. Mynotralcotnminionm awn February 23, 1980. 11- 01 it'.. o'V' Witnespd;?hand and official seal. ic NR SOD. • W*Lags►nnlD-ts,.n,M e1n.0u,•a Wne.n,ure• te*e.w Fan4 ll,n.n4MH.esnnII,am- g t -..1 t r k;J'i i�NbT rt`r' J tall ,4r, t : `• tit ,+i a , tl .0 'T•) e Srim,Bt i �, 5 plyttr r3 0. 8 r_'` Recorded of— y a'cloek� AUG S 1979 U, C. Reception No. r -i ~Retarder. N • a 451‘. -- weld al ;w Cdarods -.Y2 N I. THIS DEED,Made dais aut day of August •197T li between a. Slate Documentary Fee --r '. (FRED CAAIG •�tt•)rt of the AUG 81979 ! `P Icunt r Jefferson nn.stale of Culanuln,oldie first part.and Date { GEIS�INVESTMENTS CORPORA�]ON, sao la Colorado.Corporation, whose decal address 1m � 11 _ 745 Lincoln Avenue <n Loveland, Colorado 80537 -V1 II ofthe (-novae of and Staten! I ' 1T Colorado,oft he second part O .[' CP. .I s-1 WITNESSETII.That the said purl Y oft he find purl.for and in consideration..f TWO HUNDRED TWt3,TY— FIVE THOUSAND AND NO/100 - O i - - (S225,000.00) — — — — — — — — — — — -— DOLLARS -o , l w the said part y of I br first part a hand paid be sold part y of the'ennui art.the receipt r ' : hereby Mnfessidund mNnnwlydrtd.ha s granted, g y I 1 whereof is el bar uined.sold and eunve ed.un,,1111.,y tIcs. firsrn N lCa $uck so��la e6 �. Rrant, her ntln sell..tame'and confirm• not.the said port y .4 the second yard. hare an assigns fan N pd ever,all the following deserdied lot or parcel of landed date.lying andbrine int he O - :.o County of:_ Weld and Stated l•oh.r:Wu.to Wit: - 0 LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF: I- 0 CO'. . ALL that pTownship art of the 14 1/2, Section 32, 3 North, Range 67 West of the 1 t 6th P.M.lying West of the right of way of the Union Pacific Railway Company -e- and EXCEPT that portion lying North of the center of:the public highway more particularly described by instrument recorded in Book 296, Page 556, Reid County Records: - TOGETHER with any and ail water, water rights, ditch, ditch rights, reservoir - and reservoir rights attached thereto or appurtenant thereto and utilized in connection with the above-described property, including, but not limited tat- 1 1/2 shares of the capital stock of the Lost Chance Ditch Co. • • • � c te: 1 t1:i p:: r_. :,1. • ti • • • • • • • • 8'7 !w� nine known an Street and number 1'T99�lg7 TOGETHER with all and ampubr,Cl,..herr'bimnentelMd appurtenant...t brreto-lwlonrme.or In anyway.• �� I. tuning•and the revenant mail rerermon.,renn'mder and rrrnnht led.note,venues and profile thereof, estate,right,title,interest.claim and'Deland whatsoever ..,, law n equity,4•m and to lheahoveh •with tereedriuor the mepan and all the prgmne'l prem'sr,.with the ln•rrduumr Y. of the fins pan.noire rn 4w or TO HAVE AND TO Ilpl.l the nnl rem set nts and ed t the heee said part 1�8 �UCCr Bapl9e 1'nrgalnml and ell's d with a y of the� emu Par, PMntrnathen,onto the fur him Frei fl p re all•I anrle1111 forever And the ' f, / fi n•.rxrrYlo7 and a•Immistrnturs,'de said grant.bt y o/the frill ii with the said par{ y nftha eee....4t@ elcefl @r9 ae ruurnuhe tasted the aln, lie tent. 'Iafthese pun• and n„Senn.tl.at at the tree uftber aerie to Presents• he is well seated lithe premnes alnnee"nree.'m•Y rankling abdlutea indefeaeibleantatenf inherit ann.in law.an fee s•mple.und lolly ry fgnaJ.sum perfect. and • I I to grant,bargain.sell gad eonrey the.nno,m m 5 'dyW nehe filil none and and ear•' from all former and other grants,Iron "°u•r and farm an ahrresuid,and.that 1 he. gums.sale,•hens'taxes, es a Cr.tr IM and roar P natureaorren , except General Taxes for 1979 payable inn'1980) ndr.S of whatever kind ofassessments subsequently assessed, and subject to)OilnAndBRasaLeaseyrecordednd Hay 26, 1970, in Book 626 as Reception No. 1548033, and except easements, .I restrictions, reservations and rights of way of record, if any, f and live above unnRamital premises is tin..uirt nod pem-rnbie immernnn of the mold its. BU�•C@e. iF. ale a„1g,1s*smart all mW every purl therrnf,lhr maid lwmm�w penman lawfulh'AamY.0 y of thy•rnr.rWlwn, pan y .'f the firs( art,1Corm Atom tFOREVER REVin iDEFEwn IN WITNESS WHEREOF.tie stud nony 1• 'hall and will seremRASI his h.nnCE ' and seal tbs.day padyaurArta',I"ter dienllrnAntpynerne hernununil n11E1''l.en. his h.ad 7/4�„ Y. C- (Fred Craig)ay. .g •sEAt.r J di:�� MEAL. 43-- gTATF.fIF COLORADO. - •KEAL1 '! fuunly a(Gi we.. M ,,. Thr furrinnng pinlranlent was atklwwledgwl before me tl•U - 11th IN 79 ,bf i .. i1pq:Craig. .Iliyal August My edinlialaingInpr7tfl�. �f �•. V_ • O .s •lt• .a'anru my toil anJo1M41 C mall. CC I! .- 1) Tom , tr 'r' f.t.� ;%• J. • • w.: O O v -atJC�' It v;: — . . iJ;:.Yt t ..... • 1(4Wt♦AamamtT Mam.•..IwratwWrtlwad-. In'"woo Mks*rb-mown taaaa'w.gyypaan an •si; igoer 527 Recorded at I) `---e'dos, /gnu ... an .mow, . ! Reception No 14_49218} AM SPoMek- alder. M fee JOHN J. V.;SA I F. j 1 r • �n-'-L- ll\In I{ pa 'II Vllnl Illel II V'in . whoseaddressis Route 4, Box 138, Longmont ;3?ft : . ., '-i.4,'-,,,,-1- _ County of Weld ,and State of , , ¢; 5:,I I 444 I;,I i y V �, L I) ,g itI COLORADO 1��4�; rl 4 ( • C I't's ( .3r r. 4Th!,for the-con:aeration of ) 4 \. , ii. -,,, • 1 ONE HUNDRED DOLLARS ando'ther valuable considerations / I ... a .:' Iu I'kr.ini u I de3lePey in hand paid,herebyeell(e)and convey(e)to y IIII • FRED CRAIG - - - A whose adc1 as is Route 3, Box 301, Golden County of 44 - JEFFERSON ,and State of COLORADO the following real property in the County of WELD ,and State of Colorado,to-wit: The NE* of the NE4, Section 6, Township 2 North, Range 67 West of the 6th P.M., _except a strip of land conveyed by deed recorded in Book 316, page 142, Weld Ne`�i,:11.-Sru'County Records, end except a parcel described in Book 1499 at page 236, Weld c'/ r III ,,, County Records; \rl All that part of the t4, Section 32, Township 3 North, Range 67 West of the 6th �1, ' 'P.M. lying west of the right of way of the Union Pacific Railway Company %`, except that portion lying North e₹ the center of thehighwaymoreand d,\"` ,,,,..�?. icularly described by instrument recorded in Book 2 6,public 5 , part- � ' 9 page 556, Weld County iE Records; - The El of Section 31, Township 3 North, Range 67 West of the 6th P.M. described lie tik ,zT__--,i-- as follows[ Beginning at a point on the West line of the El of said Sections 2611 feet south of f the North Quarter corner of said section; thence North 75 23 East (Var. 14030' East) 1110.4 feet; thence North 57°47' East 140.8 feet; thence North 69°42' East 48.8 feet; thence South 78°38' East 87 feet; thence South parallel with said West line 3,014.6 feet, more or less, to the South line of said Section; thence West along said South line '325.5 feet, more or less, to said West line o₹ said El; thence North on West line to the point of beginning; • Together with 3 I/9th shares of the Last Chance Ditch Company water stock, and also an undivided one-half interest in and to wagon scales situated on the Ek of the S$ of Section 31, Township 3 North, Range 67 West, together with all other water and water rights, rights of way belonging to said land or used in connection therewith, with all its appurtenances, and warrant(e) the title to the same, subject to a deed of trust rated January 30, 1962, recorded February 6, 1962 in Book 1606, page 28, Weld ::cunty Records which deed of trust securing encuabrance of $55,000.00 assumes and agrees to a Colorado grantee y bPatents, Northern Conservancy District and the Longmont Soil conservation District Water levies and assessments, Rights of ways for roads and ditches creagt�ea b in Book 1078 N uy1 g unmans rpcorded 7 art page 77,.Weld County and for public roads a33LL Iayeatnan$: • Signed this 11th day of Nove:•\er ,1964 / cx t-a STATE OF COLORADO CI,,_ lea County of Boulder o ,,,,,,Olt foregoing instrument was acknowledged before me this 11th :'t.lagyeE/,y Vasa `November ,19 64 ,by John J. r' i,F i4i IV • w: O ( A. Yodenemuoneapiree August 14, 1968 . a :Lt 1.4& y band and official seal ' ls� a *yl E'-• - - r a r f f,f -- -` Nattily Public era ono rat m owledDmoet—II by natural peace or persona bare Insert serve or names:if by tlonIII bypacity a o[s�[toraey.i-tecL Nan Inert agme o[.1;;CZ m executor.attom ;crass other lvurseaeity or representative or Dpnnea.namlpe n rDara a Nan inert name at each ottlnar oe otticue••as Na p esideennt orroN�ro[n b or desert;. p care oe such coo- No. 897. Warranty Dani—liltert Dorm—a,e Ilbl.n es.smiled mat. ° �:<Brad[ord.&abluon Prfehne CempauL 18244,Stoat afrt Denver r.- .a...m. qQUITCLAIM DEED Lt) This Deed,made this 28th day of September 2004,between • / Owens Bros.Concrete Co. a corporation duly organized and existing under and by virtue of the laws of th State of Colorado,grantor,and E Ready Mixed Concrete Company MIS R m riai°�e a corporation duly organized and existing under and by virtue of the laws of the State of Colorado,grantee,whose legal address is tr. g 4395 Washington Street,Denver,CO 80216 Ern C —a)ENO m WITNESS,that the grantor,for and in consideration of the sum of s0- Ten Dollars and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and -$ IM o QUITCLAIMED,and by these presents does remise,release,sell and QUITCLA unto the grantee, 1-4--E,1,0 its heirs and assigns forever,all the right,title,interest,claim and demand which the grantor has in mom and to the real property,together with improvements,if any,situate,lying and being in the c County of Weld, State of Colorado,described as follows: N▪OM ▪ That part of the West 1/2 of Section 32,Township 3 North, Range 67 West of the 6th P.M.,lying west of the north-south centerline of the former Union Pacific Railroad Company right of way,Weld County, State of Colorado. It is expressly understood that the subjacent support of the Property may have been impaired by mining operations,heretofore carried on beneath the surface thereof, and the quitclaiming of the Property is upon the condition that Grantor,its successors and assigns shall not be liable for damages • resulting therefrom. Also known as street and number: 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,either in law or equity,to the only proper use,benefit and behoof of the grantee,its heirs and assigns forever. IN WITNESS WHEREOF, the grantor bath caused its corporate name to be hereunto subscribed by its President,and its corporate seal to be hereunto affixed,attested by its Secretary the day and year first above written. Attest:1 ci7 6? 61/8lc 51_ Owens Bros. Concrete C Secretary Bya - State of Colorado County of Jefferson ) - The foregoing instrument was acknowledged before me this 28t day of September 2004,by /4 r Ma.e/E OlvCits as President, and L/A4 F ©µ+cs S as Secretary of Owens Bros.Concrete Co., a corporation. My commission expires: F/7/6/d8 p,N� Witness my hand and official seal. )�:�' pTARY'k, • + N ry Public n Name and Address of Person CreoiigrOtTg ciligdf676ption(438-35.10AL CRS.) T �-O r Qq-: �OF GO No825 Rev.4.99 QUITCLAIM DEED 092804.03 Original LflJ'qE !qIx" IIIIIIIIIULIIL1Q"10:55A JA 1 of 4 R 20.00 0 0.00 Weld County CO 1817-62 QUITCLAIM DEED UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Grantor, successor in interest by merger to Union Pacific Railroad Company, a Utah corporation, pursuant to request of Grantee under Colorado Rule of Civil Procedure 105 (d)does hereby REMISE, RELEASE and forever QUITCLAIM unto OWENS BROS. CONCRETE CO., a Colorado corporation, Grantee whose address is 5550 Sheridan Boulevard, Arvada, Colorado 80002 and unto its successors and assigns forever, all of Grantor's right,title, interest, estate, claim and demand, both at law and in equity, of, in, and to the real estate (hereinafter the "Property") situated in Weld County, State of • Colorado, as more particularly described in Exhibit A, hereto attached and hereby made a part hereof, together with all after acquired title of the Grantor therein. It is expressly understood that the subjacent support of the Property may have been impaired by mining operations heretofore carried on beneath the surface thereof, and the quitclaiming of the Property is upon the condition that Grantor, its successors and assigns, shall not be liable for damages resulting therefrom. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging; TO HAVE AND TO HOLD, subject to the aforesaid provisions, the Property unto the said Grantee and unto its successors and assigns. Grantor, Federal ID No. 94-6001323, is not a foreign corporation and withholding of Federal Income Tax from the amount realized will not be made by Grantee. A Certification prepared in conformance with IRS regulations under Section 1445 of the Internal Revenue Code is attached as Exhibit B. • • 11111011111 IIIIII IIII II1111 III!'1111II Mill IIII2726 lilt 5A JA Sukl Tsu • of44 R 20.0019 0 0.00 10/13/ 99 10:5Weld county CO kamoto • IN WITNESS WHEREOF,1119 Grantor has caused this deed to be duly executed as of the el-IA-day of j9t bee , 19 9 9 . Attest: UNION PACIFIC RAILROAD COMPANY By Assistant Secretary Title: 41.`" 7: didlta. 4' • ACKNOWLEDGEMENT STATE OF NEBRASKA ) • ) ss. COUNTY OF DOUGLAS )) , On a o- / B , 19 99, bef a e, otary Public in and for said County an t e, personally appeared Gt and 13 4 t' who are the and the Assistan Secretary, respectively, of Unio Pacific Railroad Company, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to in 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. ota Public (Seal) VXKi w ROBERT E.ANDERSON .AMORAL '`=•`""`I•; MY COMMISSION EXPIRES xawrcJ '%!eah�sf�•` April 22,2002 2 • GAAWA0M\PARl1MLNB1742ACD.00C mir 11111111111111111 IIII 11111111111111111 MMI Oilll E��I 3 of 4 R 20.00 D 0.00 Weld County CO EXHIBIT A That part of the West 7/2 of Section 32, Township 3 North, Range 67 West, of the 61h P. M. lying west of the north-south centerline of the former Union Pacific Railroad Company Right of Way, Weld County, State of Colorado • • OANNA DMIPARUMg1817-62ACODOC 11111111111111111111111111111111111111 III 11111 IIII IIII •2726446 10/13/1999 10:55A JA Suki Tsukamoto 4 of 4 R 20.00 D 0.00 Weld County CO EXHIBIT B • CERTIFICATION OF NON-FOREIGN STATUS Under Section 1445(e) of the Internal Revenue Code, a corporation, partnership,trust, or estate must withhold tax with respect to certain transfers of property if a holder of an interest in the entity is a foreign person. To inform the transferee that no withholding is required with respect to UNION PACIFIC RAILROAD COMPANY's interest in it,the undersigned hereby certifies the following on behalf of UNION PACIFIC RAILROAD COMPANY (hereinafter the "COMPANY"): 1. The COMPANY is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. The COMPANY's U.S. employer identification number is 94-6001323; and 3. The COMPANY's office address is 1416 Dodge Street, Omaha, Nebraska 68179, and state of incorporation is Delaware. The COMPANY agrees to inform the transferee if it becomes a foreign • person at any time during the three year period immediately following the date of this notice. The COMPANY understands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf oft e COMPy NY. Title: Assistant Vice President Date:/2,1 o,6G.,P Gi /q97 • 0:\LAWADMWARUML\1811-82.00D.DOC Filed for record at 9 o'clock A..a. Earoh G1, 1910 ' ' r,'r•r 'tit'. Luther, Recorder. . .+ o�r,� ro tQ X a{y+fr . iii...I ........, ' ... , FINAL atal b aECRFB. 1 j2 ai C f. rd yl 4'7 +� eksC 'r l h aen t . STATE OF COLORADO, ) ) se. In the District Court. = t County of Weld. ) Union Pacific Railroad Company, a r,' ) ;` n� 11 J . � F corporation,. ) Petitioner, ) , vs ) , John T. Gibson, individually and as ) y' Trustee; Fred D. Gibson, Paul Y. Gib ) r. , con, a minor; Eel Emerson Peters el, ` ) • guardian ad lam for said Paul Y. " ) - Gibson, a minor; P. W. Allen as County . .-r:.-';',-• ':',1.412•,:',1...•••..•,'•,;',;;., , • Fm�i Treasurer of Weld County, Colorado, and ; r ex—officio Public Trustee for said County, • } il James D. Burdett, James C..Crewford, John ) „ W. Crawford, Charles Cooke, Frederick R. ) v,." Cooke, Nola Johnson, The Barque Orchard LaM ) Company, a corporation, and all persons un- ) • b known owning or having any interest in and • ,J.;;-:i',...4 I s each and every person unknown who is the bus—,,u `1 ) i ' : . .; band of any married woman Owning or having any ,, ) ,i, t interest in the parcels of land described in the ) petition in condemmtion herein, situate in the, x.)ti ' , . County of Weld, State of Colorado, or any pert ) )' A . . thereof, ,.. a ) Yav ,- Respondents. 7 . , FINAL :ORDER AND DECRffi. ' � I Now on Friday, this 11th shy of March, A.D. 1910,;the same'.being o "ne.Or the regular of the November 1909 term of the District Court within and fop, the county Of Weld, State Of Colorado, Union Pacific, Railroad Company, a corporation petitioner, appearing by Dorsey & Rodger and E. I. Thayer, its attorneys, and John P. Gibson,,individual1y and as Trustee;,Fred D. Gibson, Paul Y. Gibson, a minor; P. W. Allen, as County Treasurer of Weld County and ex-officio,Public True tee for said County; James D. Burdett, James C.y,Crawford, John N. Crawford, Charles Cooke,,Frederick:, R. Cooke, Nell, Johnson and The Barque Orchard kind Company, a corporation, appearing by Mel-arson Peters, the attorney of them and each of them,aid Iel.Emerson Peters,appearing in personas guardian:. ad litem for Paul'Y. Gibson, minor_respondent,—',this cause oame�oni to, be heard upon application of, , -_ Union Pacific Railroad Company, petitioner, fprkfiml:,order and:dedree, conveying the title and owner v tj ehip of those certain parOeld of land described in the petit ton in'aondemmtion herein as Parcels ;., "A", "B" and "G" resp=ectively, arid more particularly,,:hereity,ftertdeedribed, from the respondents owning or having any interest in the into, to;i;Union.Peoirto Pnilroad Company, petitioner as afore said; and it appearing to the Court, end the Court so finding, ,__} I. That petitioner,;Union pacific Railroad Company, is entitled to condemn for the uses and pun poses specified ;n its petition in condemnation herein, all and even{part of said parcels of land designated as per:ala "A"; "B" and "C" in the',petition.,i`r eondetra,atio as aforesaid, and, , 2. That each and al• l of said respondents,tkplaell,asperson®Jn owning or. baying any in ,: xs terest in, and all persona unknown who are ,the huntarids of all mania women owning or having any, ,rz,... d Interest in said parcels Of land or any of the%, hive,been duly sore ,with:summons and notified y c.s according to law; that all tamed respondents,havefientered"their jointCsnd several appearances, bo xy:1 their attorney, dimly authorized; and since the oommenoement of this action certain parties have „�L , ,_ been made party respondents and have a eared-.byetheir attorieyJ,�"duiy(anthorized; and, + .v , , ,z e ;y pp rr m ^'' , u R, " Z 3` n a r:i1x�t s. 4'. 6 , q"1' vstki '`1F1 3. vast this court has jurisdiction of+the eubje'` ,attar nor tbis aetion,iandMjurindiotiOfl to determine the right, title and interest ofaeachysnq.,lery�pert `tt�oC,Voilint�erete sin" ° r. A':+ si a! a{ Falb airg-ft r'S la n. a r.IWI' 73� r etitionar, SMlesolh�s13}of thedreepoMe s,eb 4. That Union attorney o tingfor and on bah ,' 5 �, ?, • mined, by their attorney,'sctintg for;srd,om Uehalfa�stmegch and+isld,s,bt;'thesco havetduly sMAreguletriy,• • ro by stipulation in writing filed herein waived the,appointme, of Ot:Commissionsrs and.tbe};+ r impaneling of a jury to s kaiak and determine the',value of ear `'rant �crcl 1/4100I01411* •-141". n6"6 - F s earthed as Parcels "A", '8' aM !0"'iii hef,�a etitiomltiECOdemniffa efa 9 esaid be.' jl` �Za' to thl residue, and the amount and5valuetof the;,benefits its Seal esidue,,,, nd lsre tsk '*`d that the reasonable market value of-said parcels 4,CiaM i�_ lrti agesA'tt ttheTtriMeidno, ss ; the amount and value or the benefits,to the,?residtngf,',and'.iinoludio .'th fIga+,et;s roPP' d et' f or damaged by the petitioner, is as,to eacph}i Otheidppar ell of s ;f 3t" t�R ,+• s ,; n tl ft 410:441KA'W1*,!;&`,� `. ' sµ1 g 0 1.''_... �••• • •XM ry •-iin .y, - . -- :: '--:,1 ..::'-'4:cf-,,C±,titsE0.-M,Nt4-'-t4c;j•7:: .y5.,' ! : ..4;tt., - . . :,.... 4 _ r. PARCEL A, the sum of one thousand eight hundred sixty lour and�k20400 (31,864.20) dollars. yak 4 Ill •PARCEL B: The sum of seven hundred thixty,flvo std 80/100 ($735.80) dollars. ' `'� of i ii PARCEL C. The sum of hire hundred ($900.00) dollars. ... S ` ` )I And further, that on payment Of said snmgi'i4mountfrg(lri the aggregate to thirty five hundred 6� ($3SC0.p0) dollars into the.re ist�y,of this'oourtl Uniion'Pacific•Railroad Company shall be entitled nth owe Waif p s$ro�bese o ertaand ail of the paroele of land hereintbove referred to as Par- ; at eels "A", "B" ani "C" as aforesaid;,'and, ,, IT!. t' V 1II• i 1 P ey`l 5. That petitioner, Union Pacific RSilread 0oinpany, heretofor upon an order for temporary_• i it• possession of each and all of the above parcels Of 1O � deposited a000rdirg to law in•the registry i of this Court the sum of twelve hundred ($1200.00), dollt.rs'upon Parcel "A", the sum of five hundred ' ($500.00) dollars upon Parcel "B", and the sari of fouru'hundred ant.fifty ($450.00) dollars upon i.' Parcel- "C", which sun Amounting in°the aggregate to twenty one hundred and fifty ($2150.00) dollars, I ! shall be credited upon and applied to'the aggregate•to. ot•rthirtySfive hundred ($3500.00) dollars ;j agreed upon by and between •Union."•Pacific ]hilroad Company, , petitloner,:and the party respondents I +' hereto, by their attorney, in the manner...ad hereimbove,.mentioned;; and, i. 6. That petitioner, Union Paoifio R � C;ilroadompanY,'pursuant•to said stipulation, has hereto- ;•; fore released all its right, title:and interest,in;and to the•deposits heretofore made upon its ap- ` plication for temporary possession`of the parcels' of land sought;in this:proceeding to be condemned, to the credit and for the use and benefit of the respondents or persene entitled to the same; and fur- I ther, said petitioner, Union Pacific Railroad Company, pursuant to aid stipulation, has heretofore i I• deposited with the Clerk of this Court the sun.Of thirteen hundred andfifty•($1350.00) dollars to the credit and for the use and benefit of the respondents':'or parsons entitled;:to the same, raking a tot- ' al sum of thirty five hundred ($3500.00) dollars, stipulated end agreed.Upon as payment of and as compensation for the parcels of land;known and described ae Parcels "'A'",::'"B" and "C" as aforesaid; and 3 9 L:f 7. That the proceedings herein have beenirl sli respects legal -nd regular, and petitioner is ( , entitled in law and equity to a final order and decree"and the benefits and privileges thereunto be- lorgirg and appertaining; that the Court being familiar with the records,':files, pleadings and papery and having heard the statements and arguments of counsel,and'being now sufficiently advised in the premises, it is, therefore r ORDERED, ADJUDGED AND DF.CREPD that said petitioner, Union Paolfic Railroad Company, having made i just compensation for said parcels of landi has become.and.is now welli;seized of said parcels of - land, and each of them hereinafter specifically:described", and each an'8;every part and parcel thereof in fee simple, together with all and singular the hereditaments andrappurterances thereunto belonging or in anywise appertaining, and of the estate, right, title, interest; plaid and demand of the respon- ' dente owning or having any interest therein, and each of•them; said parcels of land being situate, lying and being in the County of Weld, State of,Colorado,"designated iln the petition in condemnation t _ as Parcels "A", "B" and "Co and partioularly described aerfollows, to=wit:- : PARCEL A: A strip, piece or parcel of land thre9 hundred (300) feet,in width, being one hun- dred and fifty (150) feet in width on each side':of the 6enter-line of the rain track of Union Pool- . fic Railroad, (known as Denver-Northern line), se the same• es been surveyed, located and staked out- through, upon, over and across the southwest quarter of section thirtyttwo.(32) in township three (3) north, of range sixty seven (67) west of the Sixth Principal Merldian,'oontaining an area of twen- i ty and eighty two hundredths (20.82) acres, more;or less. • PARCEL B: A Strip, piece or parcel of land tint hunidred!(200) feet in width, being one hundred (100) feet in width on each side of the center line of the main tract of•Union Pacific railroad, (known as Denver-Northern line) as the same has:been surveyed,-located and<;staked out through, upon, ever and across the east half of the northwest quarter;of::section thirty two (32) , township three (3) north, of range sixty seven (67),west of Lhe"fSixth.Prin•fipa1 Meridian, containing an area of eAcht and twenty six hundredths (8.26) sores', morn or:here ,;,1.: • ; PARCEL C: A strip, piece or parcel of land two hundred (200) feetvin width, being one hundred 6 ' (100) feet in width on each side of the center line of, t y min track- f Unio n Pacific Railroad, ( (known as Denver-Northern line) as the same has!been surveyed, locatedrand staked out through, upon, . • over and across the north halt of the southeast ;quarter and,the southeast quarter of the southeast !'quarter of section twenty nine (29) township three (3), north,4.of ranger`nixty seven (67) west of the "'Sixth Principal. Meridian, containing an area Of sixiendr ninety two hundredths (6.92) acres, more or less. i,,t 1 11' If . ,t e .',;•';!'• aid cantor line referred to in the above parcels once" .1:1 south lino;o! said section member :-thirty two (32), township number three (3) north,,of rnrgo•number sixty Matain (67) west of the sixth principal meridian, at a point two hundred twelve and three tenths:(2.1.2p) feet east of the southwest • r,00rner of said section, and extends northeastwardly on aatangert to intersection with the north lire : of section number twenty eight (28) in,maid township and;ratge a poird&ten hundred twenty seven : and nine tenths (1027.9) feet.east of the northwest oorner„thei oral ��3r• •. 1 +i fl 'iAnd said Union-Pacific Railroad Company, petitiO erOherein, is aeketynduth' axed to take Smmed- ,.gate and full possession of said above described paroele of•:laM, andieaeh end all•0t them,'and each #ndkeiveryi part thereof, and to hold and useptmqsame,'andieach•Andiei' sMiartrthereof, for the purpo- t, a specified in:the petition an oondemmation on�,fiieabereiii without let,i>hindranoe or interference �. said-respondents, or any ofgthem,itheirs9entd�';�eervants,ernloyes 'or,representatives of thew,.or sn pf them, or those acting by, through or undo'them .or,a nt• ny theitian! this lirel order and de < .,alai giti r taro' V� M Dr.ip i "t,. u s .. p ♦ trvvY•.il.i ttlr •Ufa--a �'.••' mCi.%&'d tw ✓.s nYl�Ys.�'tt� 13rT `5,t a'�?ei f�� , 'f �y "''�; "s r�,, , ,,,,, `, „� , 't3-` 2107.cep'": ana of r t,e 1 r+ a fr > h c, t ',% is f tUI " Y T �,"""i e s t`S r fr 1 L T r lair ' �rb Z;L<Yf{r Y 1! 10,4:- a11y:1 ,a r , ,i.. i k 3 { :` t y... eras, together with the percent herein found to have been made by,.petitidmr, Union PaoSfis lbi rood company, is hereby declared to constitute full justification for•thestaking:of said parcels of. land� ,' against all persons whomsoever. <<" t r. '., �r '`� {�" ;�" ,� 3 1r Dorn in open Court at Rreeley, Weld County, State of Ooloradoe thierllth day of Marsh, A y.D. 1910 , ;+( I tt?. r rt " e< <` Hy the court,"4 Jame! E. Oerriguee, Judge. ° ' STATE OF COLORADO, county of Weld. ) _ - � „jrr .t l I I, Frank Madden, Clerk of the District Court Sr and for the aforesaid County and State, db bare- ( !� by certify that the within and foregoing is a'' full, true end correot',00py ofd the Firm Order and De : I( one, in the matter of Union Pacific Railroad Company, a oorpotatiod� Petitioner, •ve. John T. Gibson, . . i` et al, respondents. ends from the original paper i, : IN TESTIMONY WE[EAEOF, I have hereunto set my halt and affixed my offioiai peal, e iL rtc4)'rq{( at my office in Greeley, in said county and Stets; this,14th day of March, A•D ; I 1910. " ...,.•� ) IP. ij ' „b� a"i Frank Madden; . I'11 ' r) Clerk of District Court, Weld county, Colorado.- E`; (,{� " .' ! By Elbert G. English, Deputy. € �I ii No. 153,19 . - Piled for record at 9 o'clock A.M. March 21{ :1910 Thal:,J. Luther, Recorder. .1, UI • • 1T, ` Y fl E E D. " " ° r r rd( s�� I f r 4 vr,1 r.j' KNOW ALL WS BY THESE PRESSENTS That'J.;W Newlin and Ida NewtiM bls wife of-Story County, and State of Iowa in consideration ofd the sum of one dollar dollars;rdnjlland paid J. 0.arTi,vebaugh of Story County, end State of Iowa, do hereby sail and convey unto the said J. 0.�.edebeuh, the following described premises, situated in the County.of Weld and State of Colorado, to-wit:— . The north east quarter (NE ) of section fifteen (15) township seven' (7) north; range sixty three (63) west of the 6s P.M. And we hereby covenant with the said J. O Uevebaugh that we held said premises bye good and r-I perfect title; that we have good right and lawful authority to sail and convey the sees, that:they are ^rep and clear from ell liens and encumbrances whatsoever. ...Art-we covenant to ,arrant end defend ` ` the said premises against the lawful claims of all persons whomsoever And the said Ida Newlin here—.' � { "I Dy relinquishes her right in and to the above described premises. ' i Signed 14 day of Feb.'A.D. 1910 J W. Newlin " 3 Irda Newlin. STATE OF IOWA, ) _ ee. u , ? Story County. ) :. .. x ' _ On the 14 day of Feb. A.D. 1910 before me J A. Campbell a'Notary Public within and for said ;:?;:).!.:1; iI tt1k1 county personally come J. W. Newlin end Ida'.Nexlitt hie>wife+ personal too me known Lo be the Sden ,., tical persona whose mines are affixed to the abode SnstrymenL ee gr Ore and severally aoknowledg— g ed the execution of'the same to be their voluntary sot,aid deed for,I•thi purpose therein expreeeed;ers ,. Z I{ii iE �, 't,,� ' Sal Iti , r a Wrt �'x R: /'1 u ' Witness my hand and official,sealMtie d y and date Saet above written. "' �� ilall, 4 r " r .:Lila�, a+. u r � r 'r5i" r ' week i t b#fiL.:4.} i - aHt a illy 1 ` 1::.:::.;:c--45.1.71,. rIR '+°t, r -:?,Q1,45,4,..' As Campbell, 7 ' ' ^ . . a t ' l er S$'i DoLery �Dlie a '1c1� "4.�� { V„ .15. "�V1-, irk s "v V;.°4914j >, - re Lit r,x� a 1T _ t re r •rr . FA1lm� �,�h., No. 153,22 . -......... .. .. ..,... Piled for record at 10:30'0'olook A.M. March.21st, 1910. p'fcn44., ".3 r'{ z .;�r Yr r r'a tat Y+ wr ,37jr.xr q,'rl+ oe .wa I?. s 1 A Luther Recorder.^`' A 4 ft ?"" c i rr it a K�. f xp n" >' r.r„ �ff sin-x 2k R r l e ,„ 1f 1f } 2 s .R{" d >_ 11 r 5X rg Am. x r �' < y _y �y {cj .,» 4\. ^-'2_1�r.1 rN•..1.•f��i��ai,•.�.� k�i�^w-�c1N'1`n ..t\.f. h.� .41i:.�Slri�{N�t .� �.I. ( 15 r: t ( 1' 1 ‘.t I'S JY.1 r f 6 5• ' 1'• 1 I ).,44',5,:. �i1, :1,241..4:.,',` 1 1 , -7,41?:. i •, 4 ! 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