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AVM•dO-1HOI .09£9 avoa Ammo 013M 24, x9 7Qm in ;a l ivy X - a Sill ii: I rag $ Z a� • • ttv:Itjg DEPARTME NT OF PLANNING SERVICES WC ADMINISTDED EXEMPTION RATIVE REVIEW COLORADO Applicant: Turnpike Limited Liability RE-5038 Planner: Kim Ogle Company, do Richard Huwa Legal Lot B, RE-1442 being part W2 Section 29, Ti N, R63W of the 61h P.M., Weld Description: County, CO. Parcel ID#: 1477-29-0-00-012 Lot A Size: 5+/-acres Lot B Size: 5+/- acres Lot C Size: 5+/-acres Lot D Size: 288+/- acres Water Source: Proposed Wells Sewer System: Proposed Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2010-3132 2. The applicant has proposed a well as the source of adequate water for each Lot. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Topographic or physical features of the proposed Lot, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. The Southeast Weld Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 5. Prior to recording the plat: A. The applicant shall submit a proposed building envelope(s) for Lot D to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. The plat shall be titled: Recorded Exemption No. 1477-29-2 RE-5038 C. The applicant shall submit to the Weld County Department of Planning Services evidence of a permitted and approved access from the Public Works Traffic Engineer for Lots A, B and C. D. Lot D shall use the existing agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. F. County Roads 6 and 63 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. G. The applicant shall address the requirements of the Henrylyn Irrigation District, as stated in the referral response dated June 25, 2010. Evidence of such from the Henrylyn Irrigation District shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall attempt to address the requirements (concerns) of Southeast Weld Conservation District, as stated in the referral response dated July 23, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall attempt to address the requirements (concerns) of Department of Natural Resources, Division of Water Resources, as stated in the referral response dated June 30, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. J. The applicant shall address the requirements of Weld County School District RE-3J as stated in the referral response dated June 25, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. L. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. N. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. it No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the Lot has an adequate water supply of sufficient quality, quantity and dependability. 7) Prior to the release of building permit, the applicant shall submit evidence of approval from the Southeast Weld Fire Protection District to the Weld County Building Department. 8) Potential purchasers should be aware that Lots A, B and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 9) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 10) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 11) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 12) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 13) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 14) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 15) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 16) Prior to the release of building permits on the Lot, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long- established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 9. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. 7 I By Date August 13, 2010 Kim Planner Richard Huwa Turnpike Limited Liability Company 4202 County Road 65 Keenesburg, Colorado 80643 OWELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICE 918 10Th STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.35401 FAX:970-304-6498 Date: /i > Receipt No. 1 5 5 �c J� 20 `� Received From: "1i Permit Type No. Description Fee t f4 4221cB5.1SE (.G'u 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH IKHECK NO. TOTAL FEE f! 5 L• Receipted By: "'f ---/41 Em WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY,CO 80631 PHONE: 970-353-6100, EXT.3540/FAX: 970-304-6498 Date: / ! 20 ! Receipt No. 1 5 7 7. Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE ❑CASH OCHECK NO. .' , ❑CREDIT CARD TOTAL FEE Receipted By: DL# Exp. _J Oct 07 2010 11 : 08AM HillLASERJET FAX • p. 1 FACSIMILE TRANSMISSION SHEET Weld County School District RE-3(J) 99 W. Broadway, P.O. Box 269 - Keenesburg, CO 80643 Telephone: (303) 536.2000 FAX: (303) 536-2010 DATE: 667 / i0 TIME: IL59 No. of Pages: t Including cover page TO: Dcp_ q FAX #: Q lCl-(e�(98 COMPANY: L)QQ�t 01;itdia FROM: 146110 TITLE: (1dahn ao afty. COMMENTS: r/ ❑ Urgent EPlease Acknowledge Receipt ❑ Please Call Me ❑ Please Forward To ❑ Please Notify " Confidentiality Notice" This fax transmittal is intended only for the use of the individual or entity to which it is addressed and may contain Information that Is privileged, confidential and exempt from disclosure under applicable law, If you are not the intended recipient of this transmittal or an agent responsible for delivering this transmittal to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this transmittal or the information it contains is strictly prohibited. Misdelivery of this transmittal does not constitute waiver of any applicable privilege. If you have received this transmittal in error, please notify us immediately by telephone and return the original transmittal to us at the above address by mail. Thank you. Oct 07 2010 11 : 08AM H•LRSERJET FAX , p• 2 Weld County School DIstHct Re-3(J)/99 West Broadway/RO,Box 269/Keeneebury,CO 80643 Tbl:(303)536-2000/Fez:(303)536-2010 WELD 3.1 October 7,2010 Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Case Number:RE-5038(Turnpike LLC) Dear Planning Services Representative: Weld County School District RE-3J has received a check for$3,696.00 for cash-in-lieu of land attributable to this recorded exemption. Opposition to this application is now removed. Thank you for your continued assistance in obtaining funds that will be used to purchase land for future school use. Please contact me at 303-536-2000 if you desire further information about this letter. Sincerely, Susie Townsend Superintendent of Schools Weld County School District RE-33 Oct 07 2010 11 : 08AM •LASERJET FAX . p• 3 cam n �'�ige 4 M1g1y�W4'0f it a>.. '*a ±i:?i is e G .. 0h T f }f/5.- x t r ` WlOan o •: V/* 7 ,fI fl '-1 i ^ c i f� �_ 4 a t �J 4 S:11 20000 241" 1943114154840 5`��7 tr ,, �" October 4, 2010 To Whom it May Concern, We will attempt to address the requirements of the Southeast Weld Conservation District. Thtty you, /t / Richard Huwa Turnpike LLC October 4, 2010 To Whom it May Concern, We will attempt to comply with the requirements of the Department of Natural Resources. Sincerely, Richard Huwa Turnpike LLC • • October 4, 2010 To Whom it May Concern, We will comply with the concerns of the Henrylyn Irrigation District in regard to Recorded Exemption 5038. Th you, ✓t_ Turnpike LLC by Richard Huwa • • DEPARTMENT OF PLANNING SERVICES (it‘••%) 1555 North 17th Avenue GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us CE-MAIL:. PHONE(970) 353-6100, EXT. 3549 FAX (970) 304-6498 COLORADO August 13, 2010 Ms. Liz Sauter 14800 Harback Road Keenesburg, Colorado 80643 Subject: Recorded Exemption Referral Comments and Planning Administrative Comments Dear Liz: The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit three (3) paper copies of your plat for review by the Department of Planning Services' staff. Upon approval of the paper copies please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven (11) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, A0 Ser Case File: RE-5038, RE-5039,RE-5040 Jun 25 2010 11 : 02AM HP LASERJET FAX p. 1 FACSIMILE TRANSMISSION SHEET Weld County School District RE-3(J) 99 W. Broadway, P.O. Box 269 - Keenesburg, CO 80643 Telephone: (303) 536-2000 FAX: (303) 536-2010 DATE: Siam& 25,aOIO TIME: II', 55 No. of Pages: Including cover page TO: CCpa FAX #: 9rl[Y $04 -L&'-4SB COMPANY: taad ' rr% @S10 nt i rip FROM: `A9 TITLE: Llrkimirn DAGT.aSt►� COMMENTS: (i "6Y sr% C'iZE 5$ Urgent Please Acknowledge Receipt Please Call Me ❑ Please Forward To -- - Please Notify a Confidentiality Notice* This fax transmittal Is Intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient of this transmittal or an agent responsible for delivering this transmittal to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this transmittal or the information it contains is strictly prohibited. Misdelivery of this transmittal does not constitute waiver of any applicable privilege. If you have received this transmittal In error, please notify us immediately by telephone and return the original transmittal to us at the above address by mail. Thank you. Jun 25 2010 11 : 02AM H•RSERJET FAX • p. 2 C'Caji_o Please Contact Kerrie, at Weld County School District Re-3J, at 303-536-2005 to set up an appointment to pay Recorded Exemption Fees, June 25,2010 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Case Number: RE-5038 (Turnpike LLC) Dear Planning Department Official; This project provides for a recorded exemption within the rural area of Weld County School District Re-3J, Although recorded exemptions, individually, represent a small increment of the total housing stock,the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students, Additionally,the substantial separation of these units from other more densely populated areas increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However, in the event that the County Commissioners decide to approve this application, Weld County School District Re-3J respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards,the proposed exemption would generate the need for less than one acre of land;the cash equivalent would approximate $1,232.00 per single-family housing unit(see Table 1). Therefore, you will owe $3,696.00 for creating 3 additional lots. If approved, it is requested that this amount be paid to the school district as a cash-in-lieu of land dedication for each new unit allowed. Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust As stated before, cash-in-lieu of land of$1,232.00 is requested for each single-family housing unit which totals 53,696.00 for the 3 additional lots. Without such mitigation,the district will recommend that the application be denied. Sincerely, Susie Townsend Superintendent of Schools Weld County School District Re-3J Kristine Ranslem From: Kristine Ranslem Sent: Thursday, June 24, 2010 4:17 PM To: Bethany Salzman; 'joanna.williams@state.co.us'; 'jeff.deatherage@state.co.us'; 'cindy.einspahr@co.usda.gov'; 'smcdowell@co.adams.co.us'; 'clarue@co.adams.co.us'; 'kerriegurtler@re3j.com'; 'manager@henrylyn.com'; 'tombeach@re3j.com' Subject: RE-5038 Referral Attachments: Referral Sheet.pdf; Application.pdf We have just received a case (RE-5038) in which we ask that you review the attached material and send a referral to us by July 23, 2010. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Kim Ogle (kogle(c�co.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! KYLstl.vve vusLevw Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 • • Kristine Ranslem From: Kristine Ranslem Sent: Thursday, June 24, 2010 4:18 PM To: 'Isauter@rtebb.net' Subject: Case RE-5038 Attachments: Applicant letter.pdf Please see the attached letter. ICrkStbwe RGI N,slevu. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 • • DEPARTMENT OF PLANNING SERVICES Kits 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, 3540 FAX: (970) 30Ext. 4t. 498 COLORADO June 24, 2010 Turnpike LLC do Liz Sauter 14800 Harback Rd Keenesburg CO 80643 Subject: RE-5038 - A Recorded Exemption located on a parcel of land described as Lot B RE-1442; Part W2 of Section 29, Ti N, R63W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, 1 ^ Reao signed by eaKristine his diem Reason: am the author of this document Location:1555 N 17th Ave Date:2010O6.24 16:13:59-06'00' Kim Ogle Planner 11,c1'" i`PG�'�' APPLICATION FLOW SHEET W COLORADO APPLICANT: RICHARD HUWA CASE#: RE-5038 REQUEST: FOUR LOT RECORDED EXEMPTION LEGAL: LOT B, RE-1442, PT W2 SECTION 29, TOWNSHIP 1 NORTH RANGE 63 WEST LOCATION: SOUTH OF AND ADJACENT OT CR 6, EAST OF AND ADJACENT TO CR 63 PARCEL ID#: 1477-29-0-00-012 ACRES: 303 Date By Application Received JUNE 21, 2010 Martn Application Completed JUNE 23, 2010 Ogle Referrals listed Vicinity map prepared File assembled 161,94110 Case logged in computer Letter to applicant mailed7_ Referrals mailed Field check by DPS staff Administrative Review decision: (cy'i4;FIMGl I$ Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Plat recorded and filed t r°3I I 0 PA j/ _ Overlay Districts Zoning Agricultural MUD Yes No X_ IGA Yes No X_ Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes No_X_ Panel#080266 Road Impact x I RECORDED EXEMPTION (RE)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number f tie 7 7 - 02 9 - 0 - f) (7 - Q / a (12 digit minter-found on Tax I.D.information,obtainable at the vyeld County Assessor's Office,or www.co%aid.co.us) Legal Description p-f-ct-r WA , Section] ,Township / North, RangeG3 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No Is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yea/No FEE OWNER(S)OF THE PROPERTY: Name: Turn to; me .e L C Work Phone#3'4)32-'/R6& Home Phone# Email Address Address: %f-2LA CA 4.6- City/State/Zip Code II'e e n est ri C-e-) S'CGY 3 APPLICANT OR AUTHORIZED AGENT(See Below:Arotaraation must accompany al applications signed by Authorized Agent) Name: I,z Sc.�fec Work Phone#5"3.8/5--173/ Hom�h one# 323 73.).V 343, Email Address 1Scr,u-fe rich 6,yid Address: /`�'soO heancccK City/State/Zip Code /1'c e rt es 6 oil U b'CGY3 Lot A Lot B Lot C Lot D Smaller Parcel Water Source P.,pasts W et Auras-id l ob l) Pay,as.-tai am/ Pro,ace d (-Um-(/ Type of Sewer PibPose-d Sev,4e P.aooscesepfr Prolased,Se/4r itfase& ,Sn p-4c Proposed Use ill Re 4 Res 4 YZe_s /1" FcrM. Acreage 5 r 5 028E avi Existing Dwellrgs? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below 4 jt below �132P below 313�i� below 5D et to ��L63 r7 /4 C,,e.� nl� 0,1Lla h l0., 1� ,1 • the property s vacant or hshnwtoson ved write proposed water and proposed sewer system for each parcel m the blanks above.For 1\ t, example,ifa wet and septic s proposed she:proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, n n vi en st be included showing the signatory has the legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date # ( Turnpike LLC 29-1-63 RECORDED EXEMPTION QUESTIONNAIRE 1. Domestic Water: There is no domestic well on the property. Lots A and B, C and D will apply for well permits as needed. Irrigation Water: There is an irrigation well on the property, property is irrigated using this well. All 303 acres of the property are Bonded to the Henrylyn Irrigation district. The Henrylyn water is not used at this time. 2. Sewer: There is no septic system on the property. Lots A, B, C and D will apply for septic permits as needed. 3. The property consists of approximately 303 acres. There are no structures on the property. There is a Henrylyn irrigation ditch bordering the property on CR 63. The north half of the property is flood irrigated using the irrigation well that sits near the middle of the property near CR 63. The south half of the property is under a pivot sprinkler, also utilizing the irrigation well. The north-west quarter is planted in wheat, the south- west quarter is planted in sunflowers, the east half is planted in corn. 4. The property lies on the east side of CR 63 and the south side of CR 6. The majority of the property is utilized for farm ground. Lots A, B and C will be approximately 5 acres each along CR 6 on the north edge of the property. These lots will be sold as an ag residences. Lot D will be approximately 288 acres and will continue to be utilized as farm ground. 5. The ground is mainly level. There is an irrigation ditch bordering the property along CR 63. 6. No building envelopes are requested. 7. There are no Use by Special Review permits on this property. *pop ; Ke_ • N1 cA (0 Ir Lo-I- a j-O+ 3I 1(Lo-l- . S Rc acs 5 a--c S 5 Ac e-S 20 �� Zr�1o�e� La !- o JUN-21-2010 MON 11 :09 AM FAX NO. P. 02 • • Weld County Treasurer Statement of Taxes Due - Account Number R0017693 Parcel 147729000012 Legal Description Sltus Address PT W2 29-1-63 LOT B REC EXEMPT RE-1442 EXC UPRR RES(4.56R) Account:80017693 IN WATER.HOLDINGS LLC 4643 S ULSTER ST STE 1300 DENVER,CO 80237 Year Charges Billed Payments Balance 2009 Tex $2,149.45 52,149.45 $0.00 Grand Total Due as of 06/2112010 $0.00 • Tax Billed id 2009 Raley for Tax Arts 2.449-2449 Authority Mill Levy Amount Values Act' 1. Assessed WELD COUNTY 16.0040000- $855.35 AG-FLOOD $132,5 Z. $38,450 SCHOOL DIST RE-9J 21.7050000 $846.50 IRRRIGATED LAND CENTRAL COLORADO WATER 0.4250000 516.58 AG-DRY FARM LAND $1,8 E. $540 (CCW AG-WASTELAND $ 1 $10 LOST CREEK GROUNDWATER 0.8490000 $33.11 Total $134,4 (0 $39,000 (LCG S.E.WELD FIRE 5,7640000 $224.80 AIMS JUNIOR COLLEGE 6.3120000 $246.17 HIGH PLAINS LIBRARY 3.2550000 5126.94 Taxes Billed 2009 55.1140000 $2,149.45 -Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY HE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITT/ JC:E AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1.REAL PROPERTY-AUGUST• Weld County Treasurer P.O. Box 450.Greeley CO 80632 1400 N 17th Ave,Greeley CO 00631 (970)353-3845 ext.3290 REFERRAL LIST Name: Richard Huwa Case#: RE-5038 Coin Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance _Frederick _Johnstown F-8 _ Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 x Div. of Water Resources _Johnstown _Platteville F-13 Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie x Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead _Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn Commissioner _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor x Brighton/SE Weld _Centennial Counties _Greeley/West Greeley x Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE- USDA-APHIS Vet Service _Central Colo. Water Cons Federal Aviation Admin (Structures RR over 200 ft or w/in 20000 ft of Pub x Henrylyn Ditch Company Airport _Art Elmquist(MUD Area) _Federal Communications Comm REFERRAL LIST Name: HUWA II .5038 Co Towns&Cities Fire Districts Attorney Ault Ault F-1 X Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 X Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 _Building Inspection _Fort Lupton _Johnstown F-8 X Code Compliance _Frederick _LaSalle F-9 _Kim Ogle(Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 _Ambulance Services Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 X Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle X Southeast Weld F-16 _Historical Society _Lochbuie Union Colony F-20 Water Conservation Board _Longmont _Wiggins F-18 _Oil&Gas Conservation Commission _Mead _Windsor/Severance F-17 Milliken Division of Wildlife _New Raymer Legal South Hwy 66 (Loveland) _Northglenn Parcel ID# _North Hwy 66(Greeley) _Nunn Zone Acres? _Division of Minerals/Geology _Pierce USDA _Platteville Airport Soil Conservation Districts Severance Geo Haz Big Thompson/FTC _Thornton FP? Panel# Boulder Valley/Longmont _Windsor IGA? ORD# X Brighton/SE Weld MUD? _Centennial Counties _Greeley/West Greeley X Adams Platte Valley _Boulder West Adams _Broomfield _Little Thompson Larimer Federal Government Agencies Other _US Army Corps of Engrs X School District RE-3 _USDA-APHIS Vet Service Central Cob.Water Conservancy Dist _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub X HENRYLYN Ditch Company Airport Art Elmquist(MUD Area) !Federal Communications Comm 7 7 Commissioner __ . . • •ili its... , linWeld County Referral C. • June 24, 200 COLORADO JUN 28 2010 The Weld County Department of Planning Services has received the following item for review: • Applicant Richard Huwa i Case Number RE-5038 ._ ---- Please Reply By July 23, 2010 Planner Kim Ogle Project I Four Lot Recorded Exemption Legal Lot B RE-1442; Part W2 of Section 29, Ti N, R63W of the 6th P.M., Weld County, Colorado. Location ! South of and adjacent to CR 6; east of and adjacent to CR 63. For a more precise location, see legal. Parcel Number 1477 29 000012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ e have reviewed the request and find no conflicts with our interests. See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature LS' Date 1. 8• to Agency � "M • •.•Weld County Planning Dept. +1555 N 171h Ave, Greeley, CO. 80631 ••(970)353-6100 ext.3540 •:•(970)304-6498 fax • •Id County Planning Department GREELEY OFFICE rite MEMORANDUM ,i1'i 13 ?pin RECEIVED ��D�• TO: Kim Ogle, Planning W Services DATE: July 8, 2010 FROM: Donald Carroll, Engineering Administrator (Y4"' COLORADO SUBJECT: RE-5038, Richard Huwa The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCRs 6 and WCR 63 are local gravel roads and require a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. These roads are maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: Road Access Policy: (Policy Established Sec. 8-2-10) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. Please contact the Public Works Department to adequately size your culvert. End treatment may be required. Contact the Public Works Traffic Engineer for new access requirements. (Lots A, B, and C) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. (Lot D) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-5038 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5038\RE-5038.docx WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-4000 x3750 Fax: (970) 304-6497, Road File#: Date: l.)na- t$,r)01 RE# : Other Case#: 1. Applicant Name L.,rAp,Ke t—L Phone Address 471,20,2 CR (o.C City Kze.les iO uf State(a) Zip 80U-1.3 2. Address or Location of Access C-R G 4- CO' fo j Section aq Township ( Range (-0 3 Subdivision a&Cc., block I of Weld County Road ft(a - (o Side of Road` . (\ a Distance from nearest intersection ens-)`(o 3. Is there an existing access to the property? Yes ✓ No #of Accesses t 4. Proposed Use: (It Permanent (Y' esidential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other 5. Site Sketch Legend for Access Description: (sue b AG = Agricultural 'es RES = Residential O&G = Oil&Gas r' D.R. = Ditch Road Pit ❑ = House O = Shed 2 A9 A = Proposed Access P r + = Existing Access U:W As OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions in Installation Authorized Information Insufficient Reviewed By: Title: P ( • ��\. to Weld County Public Works Dept. -4 1111HStreet ACCESS PERMIT �� a �Ar=c j P.O. Box 758 APPLICATION FORM GeV, � �� Greeley, CO 80632 tic*1' phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name IURIJ'PIKELL,/PV I/ATn 4lcx.+.'IJcA Name Company Address Address 4'202 cr.-. (oc City State Zip City( EEfJJE5 U2k State Zip (30(A-c. Phone Business Phone ) 2 1 (./90 8 Fax Fax E-mail E-mail ♦= Existing Access A=Proposed Access Parcel Location &Sketch The access is on WCR 4O Nearest Intersection:WCR C. &WCR 63 WCR 4, Distance from Intersection A B C Parcel Number 144 77 2.el ooco 11.- en p aa • 1 • `i Section/Township/Range/Range '(` � 3 3 Is there an existing access to the property? YES NO N Li S� V Number of Existing Accesses Road Surface Type&Construction Information Asphalt Gravel V Treated _ Other wcR Culvert Size&Type Materials used to construct Access Construction Start Date Finish Date Proposed Use / o Temporary (Tracking Pad Required)/$75 lh Single Residential/$75 ❑ Industrial/$150 o small Commercial or Oil&Gas/$75 o Large Commercial/$150 ❑ Subdivision/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? o No o USR IRE o PUD o Other Re 50,38 Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right,& into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regarding facilities construction. Signature Printed Name Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 Memorandum TO: Kim Ogle, W.C. Planning DATE: July 15, 2010 • FROM: Mary Evett, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5038 NAME: Huwa Environmental Health Services has reviewed this proposal to exempt 3 lots from a 303 acre parcel. Proposed lots A, B and C will consist of 5 acres each and proposed lot D will consist of 288 acres. All four lots are currently vacant. Individual wells and individual sewage disposal systems will be installed when residences are constructed on proposed lots A, B, C and D. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 2. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 5 I Print Form (141 , 111 C Weld County Referral• June 24 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Richard Huwa Case Number RE-5038 Please Reply By July 23, 2010 Planner I Kim Ogle Project Four Lot Recorded Exemption Legal Lot B RE-1442; Part W2 of Section 29, Ti N, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 6; east of and adjacent to CR 63. For a more precise location, see legal. Parcel Number 1477 29 000012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan © We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Upon review of my case files and computer,no violations were noted. Signature v Date 06/24/2010 Agency Z)ning Complian ffi er I eWeld County Planning Dept. 41555 N 17'h Ave, Greeley,CO.80631 4(970)353-6100 ext.3540 0(970)304-6498 fax • • Prfht Forriki, (1;ctivi;NitN) Weld County Referral hiDe June 24 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Richard Huwa Case Number RE-5038 Please Reply By July 23,2010 Planner Kim Ogle Project Four Lot Recorded Exemption Legal Lot B RE-1442; Part W2 of Section 29, T1 N, R63W of the 6th P,M., Weld County, Colorado. Location South of and adjacent to CR 6;east of and adjacent to CR 63. For a more precise location, see legal. Parcel Number 1477 29 000012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new Information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan El We have reviewed the request and find no conflicts with our interests. aSee attached letter. Please notify me of any public hearings regarding this request. Comments: Signature ikk _i `tit U o U,.t.( �'�$/ o J Date .l , Agency ~ lad d f +Weld County Planning Dept. +1555 N l7'"Ave, Greeley,CO.80631 •(970)353-6100 ext.3540 6(970)304-6498 fax Southeast Weld Conservation District PO Box 381 Keenesburg,CO 80643 Kim Ogle Weld County Planning Services 918 10th Street Greeley, CO 80631 RE: Recorded Exemption RE-5038 Dear Mr.Ogle: The Southeast Weld Conservation District would like the Weld County Planning Board to consider our proposed option before granting the above referenced recorded exemption. As a conservation board we are concerned with preserving Weld County's natural resources, ensuring effective water quality and quantity, and the control of noxious weeds. We feel with every recorded exemption that is granted we are further behind in maintaining our goals and those of our communities. We would like to partner with the Weld County Planning Board to establish when a recorded exemption is sensible in our area. It is a proven fact with most small acreages there is an increase in noxious weed development, an erosion of soil and other natural resources, and a decline in water quality and quantity. RE 5038 is asking for three five acre plots to be exempt from an existing 300 acre plot. In regards to the 300 acres, this is prime farm land that has produced, and has the ability to continue to produce, wheat,sunflowers, and corn. The 300 acre plot currently has a productive irrigation sprinkler. Allowing the three five acre small acreages will disrupt the productivity of this farm, increase soil erosion and possibly increase weed infestation. Our district members, along with Commissioner Kirkmeyer, agree that some recorded exemptions make sense. For example, a corner section of a field that is difficult to irrigate, land that lacks potential to produce effective crops,etc. It makes sense to exempt out that section of land and allow for residential usage. However,the 300 acres In RE 5038 are very productive acres and shouldn't be disrupted. Furthermore, in the first half of 2010 the Weld County Planning Board has allowed six recorded exemptions in a five mile radius. RE 4997,4998,4999, and 5000 were allowed for land at Weld County Roads 61 and 59 at Weld County Roads 4 and 6. RE 4984 was allowed for three seven acre plots at Weld County Roads 61 and 63 at Weld County Road 8. A recent exemption of plots at Weld County Roads 63 and 65 at Weld County Road 10 is currently being reviewed. Our district is reviewing exemptions at Weld County Roads 63 and 65 at Weld County Road 6(RE 5038) and another request at Weld County Southeast Weld Conservation District PO Box 381 Keenesburg, CO 80643 Roads 63 and 65 at Weld County Road 8 (RE 5041). All eight exemptions are asking for three to seven acre parcels,domestic wells, and septic systems. The Southeast Weld Conservation District would like to propose allowing one of the three-five acre plots to be granted and ask the farm producer to consider re-applying next year for the other three exemptions. By the Weld County Planning Board allowing one of the exemptions to be granted instead of all four will slow the residential growth to a more moderate pace, preserve our farming community for a few more years, conserve our precious natural resources, and allow the producer to accomplish their goals over a longer period of time. Our district Is very concerned with the rapid residential growth and would like to partnership with producers to allow growth at a more sensible rate. As conservationist we want to partner with the Weld County Planning Board to inform you of activities in our part of the county. Extend that partnership to the Weld County Commissioners so we are all working together for the same goals. The Southeast Weld Conservation District would be grateful to the Weld County Planning Board of considering our proposal. Sincerely, olene Arnold Secretary, SE Weld CD u'. 6. 2010 8: 16AV H SLVR IRR.:GA"I01' No. 2915 1/3 (1.4.4%vc, CWeld County Referral• June 24, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Richard Huwa Case Number RE-5O38 Please Reply By July 23, 2010 Planner Klm Ogle Project Four Lot Recorded Exemption Legal Lot B RE-1442; Part W2 of Section 29,Ti N, R83W of the 6th P.M.,Weld County, Colorado. Location South of and adjacent to CR 6;east of and adjacent to CR 63. For a more precise location, see legal. Parcel Number 1477 29 000D12 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new Information may be added to applications under review during the review process. If you desire to examine or obtain this additional information,please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request end find no conflicts with our interests. El See attached letter. O Please notify me of any public hearings regarding this request Comments: Signature Rod Baumgartner Date June 25,2010 Agency HENRYLYN IRRIGATION +Weld County Planning Dept. 01555 N 17th Ave, Greeley,00.60631 •(970)353-6100 ext.3540 •(970)304{6498 tax Jul. 6. 2010 8: 16AM N•LYN IRRIGATION • No. 29'5 F. 2/3 THE HENRYLYN IRRIGATION DISTRICT P.O.Box 85 Hudson,Colorado 80642 (303)536-4702 Fax(303) 536-9477 June 25,2010 RE: Case Number—5038 To Whom It May Concern: The property referenced in RE 5038 is projected to be split into four separate lots. Historically this property received its allotment of irrigation water through head-gate number 6 on the Prospect lateral, Before the approval of these applications of the proposed lots, and for the benefit of the future and present owners, it is the ambition of the Henrylyn Irrigation District that the applicant include on the final plat of these proposed properties, the rules governing the subdivision of lands as established by The Henrylyn Irrigation District Board of Directors as follows: Section 13.1 -Subdivided Lands As used herein: "subdivided land" shall mean those parcels of land within the District that have been divided and deeded into two or more parcels with separate and distinct owners. A) All previous rules and regulations of the District shall apply to all subdivided lands within the District, including: delivery of not less than one cubic foot per second of water at any headgate or in increments of one-half cubic foot per second of water in addition thereto. B) Only existing head-gates shall be used for delivery of water to all owners of separate parcels within subdivided lands. C) No new head-gates shall be authorized by the District or constructed by the owners of separate parcels within subdivided lands. D) Owners of all separate parcels within subdivided lands shall enter into an enforceable written and recorded agreement,perpetual in time that the lands are included within the boundaries of the District, and acceptable in form to the Directors of the District,providing for: Jul. 6. 2010 8: ? 6RM F JVN IRRIGATI01 0 No. 29'5 :. 3/3 1) Equitable division and delivery of each owner's pro-rata entitlement of water; 2) Proper control,delivery and management of all water delivered to the singular headgate until said water reaches the end user(s)thereof; 3) Designation of one person authorized in all respects to communicate with and respond to the District and its representatives on behalf of all owners of separate parcels; 4) Timely payment all irrigation district taxes payable upon each separate parcel; 5) Assumption for and indemnification of the District in an amount not less than the governmental liability limits then in effect for any and all damages resulting from mismanagement or overflow of any water delivered to the singular headgate; and 6) Proper maintenance of all structures below the singular headgate as used to deliver irrigation water to the separate parcels. E) No water shall be delivered to any headgate serving subdivided lands unless and until the Board of Directors shall be satisfied,after factual determination,that the use of all said water is in accordance with and not in violation of the District's applicable water right decrees or irrigation district law. As an alternative to leaving the water bonded to the three smaller lots,the Henrylyn Irrigation District highly recommends that the applicant file with the District office a proper petition to exclude all property in Lot A,Lot B and Lot C from the District that is the subject of this application. Any additional information that is added to the application for review should be forwarded to the Henrylyn Irrigation District's office at the address above. Resp ly tilts, / Rod Baumgartne Manager/Seer • 4.4.1k Lel\ it , , .'�... I ( 1 1r ) P� R`• t r:- a I sy ` '•�t XL y Z ' .• - M1• 1 yrr K • 1,9 • .M _ i 1 i - . r t ► $ il04 O U J W J Q C7 • 1 tiii I . ..... . �'�` • I.4I,. •may/ 4LJ 3 Qcci ' Ce Ywill Z. N ►L CO n ... 0 o O • . U J MWNal O to .. W ,~ Yu Q O .7• �.T _ 16.1 - � \ �/ Z n -:1 - q� � '- V hL. - --=-r-- Wit..._._ o: rikl J n. Cl) a Cl) I = •'r ••••••••••,. i dopoilb al - 1 • y` ienravt;:Z;::. . -4' : • ..r.: : .::::.:. NEWINMNIVrIMIlr {' •4,1 - ,• ' • t et r t .r,� Iti t I�. '' - w 1\ ill 1 li i� t l�� . ~ 1.1i {�r /r l.i tt T; - - • ; . 419 • • I'D II ;tom • , ill lti�� ` 'LI .'_,e _ _ E..3 t._. • rar.>Y.,a.•.• .♦!.47:-x•1..]!! •lido . ,I.!i,. -. _._ Aft L not tr , .S. tt.,..-. :a 4" ?iir.7...t �-a' . - . .-.— . . 1 •„ • •t 1. f. , is , t l=/ i* 4 IRil 1 4, it • ' , en S• :c? r r 1, r i 1 I‘ : . 40 IF t .. 1 . alt h L. > Tit444 f -- 4.-4. -.m-- .:. , IIIry .:- _ - . .T t g . .• - �• _ ,r/ .� - -_a4-•/.._--- y' •.- , 'fief -a_ t- . �. • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Turnpike.2 The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Lot B of Recorded Exemption No. 1477-29-3-RE-1442, Recorded November 3, 1992 in Book 1357 as Reception No. 2309404, Being a part of the West Half of Section 29, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): '4 Reception No. 1591660 , Book 670 \I Reception No. 1633293 J Reception No. 1702780 , Book 781 Reception No. 2199535 , Book 1250 >J Reception No. 2212709 , Book 1263 (Reception No. 2309404 , Book 1357 Reception No. 3200566 Reception No. 3694906 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 Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 27th day of May, 2010 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY BY:Al (iLi( Kerri Allison Title Examiner r I ws err z r sg 4„r r `ti 4 ''*-44'...;.2,,i .,ti qM r si is ', �.�' r x, a o- t d4�t: - çzi,r.: �.-, l'F7 rR 182'""',..1••.;.9%;""." sv*�r r �✓,AaF `s a 1 e f ! v es t t'r d 7 { S2 Yr f a�'C�!fFzv f �A��...nw=sip' vt .u..•'`+nr e d .a, r `�7 _�"_. �. _.., rw v�? >�f.3 y�•�';t. , ..., F _ �. 70 e � a+�,-.•a ',x-'..'54(/ ii '5�; 11'^^^ �Qil1 $ • : � I� M ♦ �A Y � F� t Semen A —• ._._.: "„` w . J Si >',i a ` le w (1761, mob ML �� Om ad '. A "' rI r 4.- W 7?abeNt NARY E. STEIGER, 2RVIHJ. SARGENT. e�.t ,, ' p ?a"`1 'WILLIAM A. SR AGENT and R0N D. SARGENT • •--1 h+asne+eesy Fe, !t lit' Dodo .72, •1 ,, a $ . X1O_ 0 I ,l• P' r .1�`I o` O dew Qeat of weld and State C: • dd a do.C ateff nto..ted s [ ''i N0 VIRL A. ABBOTT and to DORIS L. A135,1011. rr f'. H • :••,11, aura of the oomty of Weld sae Web ter OddMo,of nw eetvad pose, e '1 4-",'' .n WITNS@SSTH,test tee sell aeries of the lint part.for and In eonCcd of la etloothe mod O t -W tt ea One Hundred Twenty-Five Thousand and no/100 DOU'0• o T a b the I.',;on 1nn of tee flint os+l is had pd1 ey the aM Darted C the azand ysrl.thew rcedpt^beast b o t r ?+ o hereby emaa ed sad eeLw.tedaed,have greeted,bertaeed,sold end eeon sd,and by throe presents do a stmt NODS va1L emcee ad dates amts the std polite of the mend vet,their bats rid neap eh�l,me,not • In tmmq to eaten hat to Net baneey,all the Jollied* owbe detailed let or parcel of lend,dtnsbt lib 12 a^d w being b the County of Weld and seam ed Cloreda to aft: ),:j s �` /'p Tibnahi 1 North, Ringo a I ft' 1 iv 1, The west 1/2 Section 29, p 63 West of the 6th P.M., County of Weld, State of I t fly r .• I Colorado, s it- { TOCIZTITIM with tell sod elnenlsr the heredaemmb sad npabnsdee thmente becenev,or In=even ° appabbar,the meden red nm*ee,rwbdar ead nbaleoon,ens.Ones and petits thereof;end nn the 1 odds,debt,tale,tnWeeas,old=and dermal whatsoever of the old porties of the feet part,Abet b:cv or I equity,of,to and to the sassheaded premise,with the bndlhmaab andappetomm. I t •. • i TO RATIO AND TO BOLD the did erodes abate heretemed and discreet,web the nparbn 0c e,into tee add ` leeNn of the..lied pest,Ike ban and sedans femur.And the old pasties of the that past,for than I . I eaves .theihde.,om tenter eel pdebbtnb e m n deant,rat.horde and teem to cad with the said partin of the wood pet.thee ban and usher,that at the tide d the eseaaltsg sad d+Saay of tk,eao pr•,'• ease .. 1 ens they arena lobed of the promisee oboe eoareped,as of goat into,pate*ebekte end medomr'a t ✓(°j Mee of Wrimn,in law,h.ice[bele,an �d le vs a dot.fell Yoder and teem a tbdhy to toms,het.. 7 ten.NE and cease We men In memos end torn entenesle.wad amt en neaten ha sad der mem ell Mss and otherExcept mats abtrdidan,,•, r lit sono, r and rmmMaa of a r ghkled s esters never. , Excopt eam+aNnta, reetr�ctiionn, reservations, and rights-of-way ' ��oqDf��asr�eetqcmrord, if any, �annd 819972 taxes, Stint to Dint Tare&Rime& l BfQtha'Iyr Y�dh ddb ��qiio&iISe 6®eaa, noordod meter , _ t 116 d the odd parties at the noel parts tads I • Sze and saodan,tasted an end hey peen es gene=InbDy ebMee er to*de the Idle et any pose th,eof, I L the old raise or the that pad shall aMN Wilton?ilton AND POEDvfa D®ZND. I lhk •3 11 Wffs the aan WB6aoPadd vest Sea of ter,and wt an;.a hornet,setn east the iknt ca 'f� [ adl t the do and year That dove orient. v U/04; ! tehdfaiieledellfelenetediNIx �COOAL] s "r i f° n • , Steiger- I rte Roy D. Bezg� ry n rig oS ._‘,[�a1J I A V., e r STAID OF OOLOILSDO, I am A. 9ar9 A I r 1 �. .-6mdy cp Ct)er0 � ail' , rar Ae, at wen almpeWBN Oases in het. /a step d tlun e- t;, wui'sf: „eel1 Irvin J: Sargent, ,William A. Hargant and • ;u •c: vy• :s " FAy D. Sargent I dt i yylaadddrea rhea r),n..I. Ir ,lypy.prom wr Mrod and Wend r1 Jill •.e., Y r,. .40911 . F {!: �¢� N�fsl. qtr esters-a,.aaa rdaar.r tr.teaam�oq.e.a a.,..ara.-rem a�rpa 1 .../ x e Smoot am ran.mad a aeRfeo ,__ n I tl .•' meal ` . d en° d e'S{eo au•�G7 } alj i Y J . C ; t L • -g lute tit t ! x 141= ` " vN hi • "xntTr tnt ,, ,' � UA„m .d'I y v \t1- �: +s l r{ri �'4a ¢m lit,- yL. ,t ♦ Y t �Fe �7k � ka r S ,a,, SEM Of CALTs'O911TA ! �3 , gfi' 2.. �. eSity oY fQ�det. cfA ! _ • 1 v. -48,0,....," e forarO1r,,,P.xi�ctscswat ;as aolta .��adgcd baYOre m,a ,..r, 9,t .*• +' ' pe t T972. by gat I3.. qgz, z. ? •Nb �� gi—`47•ibl7a * hand and official seal. f I - „ d�'.+l�I-:Cpamiaoialt.8xpir9®: k tit'e[N. .� ! tt- �'. .. Jt -� Q�aAaRCldi ate' h '.. f' 4-% 3 Iitf,'WIi0Q.9coures1 l YA�•<' f ni!Y�tl.a# uotery .n ..qNf w)W a tr Y;y c e.- " I• �„- ,Kr 4 ` Q, 6 , 0I I K #I s Ear` • k _ (4421 4,.. • 4:2,,'";... C a D II d ill I I I 1111 \ g II g y It , .. , . i 8 ig 3 I ! I., --, '";-?ic c �R{ .. ..,a 4 4 a , k S r?' ;'8te " �1 a 6 E + c. t(.::it • "7 d'a I ds .O,4;4. .,''..1.. "„ur L NYdTi,f } „ r' t, Y.. * , 4 f.r r , ‘44j1/,,t i-'-'40411.,4. .�4 _ C; ^L02'� jt'.�}'t , tK�.. ... ... lK,.t .Y, at ,_. .21C;F"r.,,4 .�% __ ,.r- s .�•�. 7 v �: •L ;11 ° is , rt, »,-- mid. c�-r•p r i x �.� ��`-'hY'e l P'+ .-. , -"42 t 2u 4 i i255. L f _ 1.''''''::. a K ' r ;r. i , - t l$''; ti eP h}r'.}e.". Y "k^'{ate P k,.yY x E x o • r x,, e ' t,> x r> to .. r'hx' ., ,.. ��T4 °N.p �•e �� r':.•'. f y a 4/,,,4•••-"''',1''''''""'''' i ,„ t .s.f1 3"S.sk t r•�� t,� A i� 5 "M 3'x�i vn4s ^8• A � � l r+�a vhf• 'Tr 71 • 'pc ' TWOS L. deb O'S u 1 ' ❑ • i itt.,ifel'.§,+.4; fl S .t a ti , / ), i. _.. ..._a,.,�.,..5.' " fi4 r erof. 'xw� f I NBsaai lm ' :.iisggins cg is _--:- j p� i n ; ' "tier :- S CS 'Y q C ••.r • C I ��z4�f. -y of ( ' 3 _ 4' , alb r CDEE m� f leeti , •r of - ! '.t4 f r[s�` '1� ast, r t , ;ti ` 9 �5e i' e...�'.. . art 1 . "tppaozioidnragton' Tod- 33asD and at�r wplgab�, :: ': � � � �- ' w elksa ; t tee,tear dm Pad 04 to >' c t s;;' dUS -�``.'+ . •'btn n LeRoy £CTLRGen, and hulaTAL7. 9C.LiZri,"E"u ( ¢G�` i� re c b, i vain adt2aa,b Lovgu ant ire d I $ ' . •••i " ,n Boulder .cal;''C e e Colorado Sa&;sate ra G.,ewl£n(a j i ,X�.Y..f � `..e,..5_, c staid ma �: a ;. i. o OoaaV� .mad EPa ud Co ,to writ: a tint half DA) off Section 29, Trranahip 1 North, R.ango 63 Rant .v i' .„..� G r- of the 6th P. Pd., F- . ';w w MSS f • TOalETRER with 300 acres of lienrylyn Irrigation District water ail threo e v ` � V (a) irrigation wells, designated en Parmit Nos. 9533, 0534 and 2530 Kr. A •S ' >Y 11 � ., EXCEPTING all previous oil, gas and othor mineral reservations If ' ,z"pc"+x,"''' }s -- M:i o£ record, and reserving unto the Grantor, her heirs and assiynn, � 'b w}+`..>"'e 'AP . 'i- - an undivided 1/9 interest in and to all prmeent and existing oil, I ....ad gam and other minmraln not previously`reocrvod for a period of I k lE""tsn x -af twenty (20) years, or so long thereafter as oil, gas ar other .. „ ' minerals may he produced therefrom, in the ovont prodtetic^ So had upon asid premises at the expiration of paid toss. .�.. ,. 4�s' A'lPA" +- ri is I. ."'ricYnv mvY'Y}�.h � u'�+'n' i na an lea than,and roads,(el Lt3 tide to rd0 htoI.S'of1 fe l", 'C patent r.ssev .bona, roads, ditches, rights of tray and oil. and g..c I ..v.‘,6•17-,. , „ - " -zPrz leases of record; and subject to taxes o.: 1974, duo and Payable in I{.: N'r t. ray ' 1975; nubject to cxioting Dead of Trust in favor of the Federal ' -V,'t''$ Sand Dank of Wichita, which the Grantees aentam and agroo t0 pay.es r t'"~'> 9i Rifl P rna:4 RiSned this 20th Big of March ,19 74. r,• r^ -.-F. !' 3r r ,' DORIS L. ,AI iOTT yi;,r�tie {�ssS µ F'ra O' �A?iiaa, �. ` ' i.°�, C 'e'✓'cl Vorgan J - l � {1{' Itr. PS`•ar'^r..o T7ra catr.^a' 8?,7Rr.!lVT:17,re3 2Cth 4 r }'I G^,y r'? NP nth ,19 74,1v n0.'.IF. L. .^.'z^03: ?V t,e„s.-v+ . iayr'S'inclar'1 .. i71. I M. �"If .Y 5- . g,� iky eAr s•earatit ten?, i' '4. '�v'X ..& 8 i. 1n..9;aC�,�v,Any` :.�,,.""�' ,.,h lJAci.... ;a=.va.on- -1,41''''4“?' “- .', .,.1 : . '"—". ,. t 1 { a r w e c e rero n4 M vy `a n' 4 .:. t' d.✓ �rcp ""4 � `v' i.h'v- 'f3 X' rte r s. cr,' An , p'u 7 jy. b w i �„ .. e I 7s re. v.it t—1 ei� r ii .= xa f w ! • r z va `2»'v a f r 4;, a 1p 4 781' ill NOV 31976 ?• PDJ '• RacoNeA of . . 70'2 " Recenlinl No �• �7Ciff / IUMV ANN f.[VLHSiEIM.AnrnMer -r-F.,—;‘,1`.1, � -1 1"' r *nqm all Mtn lq tiptoe prtireato, That K$WE;LERQY...SCDH.AGDI,, husband... i ....and.,ALBP.RTA..J...SCBLAGEL,,.wife r • whose street address is City or Town of Ar County oL......,..._.WELD. and State of COLORADO far the 1 ' ^" P af?1,1 ' 'v? :? consideration of.....__.SEVL•N..HUNDRED..£O.RTX_TWO.,.THOUSAND..NINE_HUNDRED ..(S 7.A 2,.9AD a k (v , _ .... ...... .. . ....... .. . ... ....., .,..... .,.., Dollars, t >3' ,:_ 1V M•�k "+ r +. S I 0 z t• r" In hand paid,hereby sell(s)and convey(s)to..... ..wbhkF?1...A t...fl9L ...... .._. ........ .... ............ t '. <. r] whose street address is City or Town of r . County of yf£F•P and the State of. COLORADO ... .. _........... ....the t i; :dx1. r GR following real property in the County of and Stale of Colorado, r:', t _ y.,Tc;74:7":,` e$sn to-wlk rl' LEGAL DESCRIPTION ri g h �yi vl. +t ;-_'. (SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY 'eti� Y • tt REFERENCE) „_ ft > tf Slate Documentary Feu n, - Date. N0V_.,.349Th-,� r t 1 r ' 9 �) IX'Y 'StDileYt�, r+a ! $�.. � Ily 1, i . et '' l Yyy T,- rFi et et4 LY t F J :,";;/1. cit2 x z %,:,,,,,,,; tN�.a `° 1_ ¢p¢p with all its appurtenances and warrant(s) the title to the same, subject to Iw"r ''r yP '•`a° __ EXCEPTIONS (SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED ' �i +'`F �':' 'IERETN BY REFERENCE.) :..1:1 -• ak Signed this..,._....lst:t•,_...._._....day of November , A.D. 19 76 .L.::::::14.4 u € r k" a l r -]:, "" In the Presence of " /gyp/y�)/,pQo -yn f .;,;?el-1,7$ '^r ,� LERO S F GEL, ht]9b d t W liitt1111 . -.:41.41 / . BE T J. CHLAOE„ we .. ._. rt C w § // S,,s A — = __ fit; r • n £1 _ _.... — —_ STATUTORY ACN,NOR7.FJDGA'lEATT r J'....-.:-";:47r,-Ti":,s N k•Fyi711 , STATE CF COLORADO, 1( s' `d' z.'.}" � f• it•• N WELD as A° k s%11{: Ir , t 9d.... of•-.! d The foregoing Instrument was acknowledged before me thle {! t fi , 1: cY.••'NOTA9j '•.1 1st day of Novambor to 16 st 1/4,44.10 - a i� •O-Po- 1 BY....ze�'sY...�.sh>,.Fs€]. pnd..Adt?.ca:ka.J_.SChI_.7F.l. huabana &J°• +'PUB C Jrn Witness my hand and official seal. wife, 1 s " s.'•. t B��12, My commission as Ir _My eem nslm.,en?!rn.Ore 19, 1919 1} e;14.•.. .:5'.,i r -,s..n. c; P fs ..1. st t `.4-, 2h ; OF CGL 1. Notary NlNlc ,. ✓ xx j i. V N�IIIn4+•nJ ful ....• M III "JJ G51 y "f• 2, Iu,nn Te[a .. N µ' • i{�';4' ;Et IOnN lea n[v ern NPRRANTY DrCD— c c�c 00, r - %11dr 4zt db,i I .x r» •,Fly"' - . - wr U x•n}N R llw,1 .3q r .0;;:...,..' ... .rte 1",".rf , N.r tt i4:'"f x ti� rt }i,. -..:4,44,-,: ,...:"! f ,- " -4...,,... o-G ate,,4 ir�4V1? ,- y4 31 r t } ".,e n r Y + e • .u9' 781 1762780 r r i s 3 EXHIBIT "A" , , TO WARRANTY DEED This is EXHIBIT "A" to the Deed between, LEROY,AND .A - ALBERTA J. SCcH,LAnGEL, husband and wife and WILLIAM H. BELL 14((/(1*En /1/f Y✓f/I! 01/$0W/H4,10$0A/$04/0110 dated November 1, 1976, which is attached ?: hereto and incorporated herein by reference: \ LEGAL DESCRIPTION :: IN THE COUNTY OF WELD STATE OF COLORADO TO WIT: a Jc v 4-5 '-i--')-',4 PARCEL NO. 1: The Northeast Quarter (NE1/4) of Section Twenty-four " ` ` k. (24) , Township One (1) North, Range Sixty-four (64) jz West of the Sixth Principal Meridian; together with t , `it t a pro rata interest in the Henrylyn Irrigation t A:1 , x District and the waters thereof by reason of inclusion h X s sq of 156 acres of the above described property within ' '--r '" the District, " -° Township 1 North, r • f ,: PARCEL NO. 2: West half (W1/2)of Section 29, Range 63 West of the 6th P.M. , TOGETHER with 300 acres of Henrylyn Irrigation Dist- riot water and three (3) irrigation wells, designated tr� i as Permit Nos. 8533, 8534 and 8535, PARCEL NO. 3: The Southwest Quarter (SW1/4) of Section Eighteen (18) , ,+ Township One (1) North, Range Sixty"three (63) West of the Sixth Principal Meridian, together with pro rata interest in the Henrylyn Irrigation District - - and the waters thereof by reason of inclusion of 166.28 , .. acres of the above described property within the Dist- .-- - riot, together with all other ditch and water rights t � e A)it appertaining thereto, excepting and reserving a right ,,,° o£ way 50 feet in width along the North line of said yi quarter section to the C.B. and Q. Railroad Company as same is now located, v- d 'a �t 4) tj il EXCEPTIONS Cw 7 Ce;1 1. Taxes and assessments for the year 1976, payable ra in 1977 and subsequent yeas. n f`` ,f, 2. Subject ' Any conditions or reservations, contained x 'Y in the United States P- affecting said property. - .ifr " rayA..Wg '- t � . . 3. A]1 ex)sting roads, highways, ditches, utilities, r'' " ,.-, owerlines, telephone lines, water •:','"),,i:-L),.,a , reservoirs, canals, pipelines, p L-6' , 'I�"teFgn•� lines, railroads and rights of way and all easements of record or Ate. RAW" 4 e f., now existing on said p:emises. f ' tt` is 4. Building and zoning regulations of Weld County, jY�.: spy, Colorado. f 'Art h: 5. Inclusion within the Central Colorado Water Connor- Y 'ry., ��milic vancy District in Central Colorado Water Conservancy District Ground i :., ,:,,,,,,A4-v, t E-' _ Water Manacement District. t4; rya rt,"..ti- � t �,p,� , Page 1 of 3 " Gs+''eaY,*�i, to Exhibit "A" - Warranty Deed kr:.stitt"v'f` iFWy �"10cp5 l {d_}}�� t; f,a P t _ r 1 trS•61VY •az ee a - e xp a ��R .t, ,t, ( #. t iSMa n. ' i•--/---4444-2;',44 • ' s � _ t - 44,-;.,,''� 4� 'Y• ? Jx' 4� w5,,�rt5 t..:..-1 i2. ...„2-s4,-zi.,fi.'a'x r�t`Y{j tm a• 1' .w./iv,,^^''a9' icr: ,.4-,A}.jelia , ..,..r .71.'00,4,4 ty.r'4al: r ve• 7rr �• f�' ,,�k�f} �r $f.41'Via, { 6. Excepting all previous oil, gas and other mineral � ;�� q��4_ ax reservations of record, ilt y+; ri('s and mineral leases of record, except '� r; 7.lease nil, gas, 30, 1976, and c::ecute3 by Leroy G ' F r ,._ syti the oil and gas dated January eng•4';'•*').,, ee frx Schlagel and Alberta J. Schlegel easd lessor, and Trident C11 and n x f�a,. l Gas Corporation as lessee, recorded February 23, 1976, in Book 760, i' ^� : under Reception No. 1681800, which is hereby asigned by assi the gnment FFri eXY `Z✓ '. of the first part to the party of the second part. *t4?+*t.r.4 affects parcels number 1 and 3. r'+l . ADDI'CIONAL EXCEPTIONS fej tl. t PARCEL NO. 1 A Deed of Trust from Leroy Schlegel and Alberta J. , t? etee e " e•-:1 Schlagel Co the Public Trustee of the County of Weld for the use � �4 `�� nKF� s. of First National Bank of Greeley, Colorado, a National Banking si * '3 Association acting under the Elsie C Shaklee Trust to secure the principal sum of $90,000.00 and any other amounts payable under u" r r the term thereof, dated December 27, 1973 and recorded December 28, `�a n'tt Si P ' 1973 in book 705 under part, No. 1627425, Weld County records. i .i qtr ,�, The party of the fiwas $78,000.00, and that the payments that the balance due aress duef eje .4 December 28, 1975, of $6,000 'Tu,r+ i� peron December 28th of each year, with a principal payment hisynoteand interestdeed of on trusthe provide thatnce theat 7 fulllbalance of said s, .e note and deed of trust, shall become due and payable on December r.i. = } 28, 1983. �{k,.�xstt ,fi + yP PARCEL NO 2: A Mortgage from i A. Abbott and Dorisrinc L. Abbott reiffe en to The Federal Land Bank of Wichita to secure the principal sum 4 ' of $82,100.00 and any other amounts payable under the terms thereof. e`t� „�r dated March 29, 1972 and cordedCounty Recordril s.19Party of Book the6first part `""' +o-ar . Reception No. 1586858, � represents that the balance due on said mortgage and underlying note, is ,"- s $76,422.28, as of January 1, 1976, and the note provides for anneal r rei^ .,e, payments on January 1st of each year, in the amount of second$ ,O22.l3,wofch •cg 'S--- trust includes interest at the rate of 8 1/27. per trust from LeRoy Schlagel and Alberta J. Schlagel to the Public Trustee of the County of 312.71d for andthe any other Doris amounts payabletundersecure am M1 w_: 4,--., ea� the principal sum of $64, r c . ?.p, the term thereof, dated March 28, 1974 and recorded Arecords.1974 The '^ , '" ! c, n in book 711 under Reception No. 1633294, Weld County }, r, 's g party of the first part warrants, that the bsalan8,312ue riandff thatary >t F el 25, 1976 on this note and deed of tfirst, $ year, on January 25th i s qR„ said note is payable atto the rate of $3,000 per annum on the unpaid '` Y . of each year, plus interest at the rate of 7% per €"i ,'a' , balance. ri ,..t#,,rti, ,'.: '''.'1, , +., PARCEL N0. 3: A deed of trust from LeRoy Schlegel and Alberta J. g � Schleps itonthe Public Trustee of the County of Weld for the use of dry First National Bank of Greeley, Colorado, a National Banking Assoc- r ''`/t`�i .i iation acting under the Rooyllo P. Shaklee Trust to secure the principal � *t `7 �S $ldatedODecember and a27,other 1973 enduntsrecordedble under the➢ecember 28, 1973 in ds. The t ue 1 -i saj thereof, r eet- inr e 4 party7of the n firstepart nwarrants, that thebalance dueof December t r> -,, - ,:. n' 28, 1975 was $98,000.00, and that the note and deed of trust is payable J . �� at the rate of $6,000 per year on December 28th of each year, plus hFd yz interest at the rate of 7 1/27 per annum. The full balance of said ,,, ,,yef1u 4.1/41.4 note and deed of trust, becomes due and payable on December 28, 1983 y¢ r s V."1 $44312,404 Page 2 of 3 t014-4'3: n A, x g - Warranty Deed �r'y�t"��.4 � to ExhlUit "A" Y :a �� y� I„. - : s .. xY�^ i i1..',111r f'.. x. X55 f `�'F, qy � s� �`rd� � x xf a`w X ,h4 � uy i.. 3 Yew ,,, .. ~A �" v tiv 1.v �.,-, a r CM1�} i. ` „1, ,,,,44.;-- ,,4,E--,:„,-.,4-45 a �ier.„,4 Jr dP2t C qyy n n Y, 17Q2"/HO •'.. x 11.1;r6.4, s3 d3 K= r r "wry ''r`'' d `�' • THE PARTIES OF THE FIRST PART, AGREE TO PAY THE NOTES, DEEDS OF iH w3 TRUSTS MD MORTGAGES, LISTED ABOVE, ON OR BEFORE THE DATES THAT «,, ""� SAID NOTES, DEEDS OF TRUSTS, OR MORTGAGES BECOME DUE AND PAYADLE, y, . AND PURSUANT TO THE TERMS AND CONDITIONS FOR PAYMENT AS SET FORTH ri+�' t s,. • IN SAID NOTES, DEEDS OF TRUSTS DR MORTGAGES; FURTHER, THE FULL i r " SEjb BALANCE OF SAID NOTES, DEEDS OF TRUSTS OR MORTGAGES, SIUILL SE PAID IN FULL ON OR BEFORE DECEMBER 28, 1986, THE DATE A WRAP-A-ROUND r' .. DEED OF TRUST OF EVEN DATE HEREWITH, BECOMES DUE AND PAYABLE TO s 'Q THE PARTY OF THE FIRST PART FROM THE PARTY OF THE SECOND PART. F ;;;11` g the parties of the first part ...,..,-7,✓� rn•;; IN tIeNrSS ndERE dF, 1976 have hereto get their hands and seal this 1st day of November , • 11I"','&-lt . F z r.: is l a f d .— �lp S Leo c lagel f w� •` £ i f r`jt Y a^S1 ! 1. Alpert • 1t e W itillASS% STATE OF COLORADO, )ss. yn,�.\b COUNTY OF tos(Q ) YY+ �'E t 3. The foregoing instrument was acknowledged before me �ux,, ✓[ ` this /� day of November, 1976 by LeRoy and Alberta .I. Schlagel, �x�y %. '• husband and wife. kin,��s."� �r �s. Notary��-- y ' 3- x -, My commission expires: ' ?, y` 14. 19i$'___.. ._ WM�4 LIV b .•A-: My ca,ur+fission wires Dec - i — - . ,Ear O p w f `y } e"n 4 j. 'F uF?tkam t ° p « $ l 4 f y! . NiC•4 r `:1 a ,4 d` rF .�'�e� ro A, V-4 y{ 4 nt�w' ri n'kroa 'i Page 3 of 3 0. ,ij i °'«' e to Exhibit "A" - Warranty Deed "'r • 4 j.el.lyvryryop It TX>`:J5.k'i.'�,'.. AR2199535 — B 1250 REC 0215 12/06/89 12:59 a35.00 7 — F 1772 WARY AMA D$RSTEIN CLEVE a RECORDER WELD 0 ' WARRANTY DEED , j I TIDE DEED.Mode th0W. sth chef December •I9 89 • ., tee" William H. Bell and Carol C. Bellii State Documentary Fee of the DOW....l.a r.(!:.-.1a...... . commaWeld .Sue nr Colorado, ramtr(s)mid $......„7/sa.5— White Fountain Ranch,a limited partnership organized and - it existing under the laws of the State of Nevada and registered and doing business in Colorado as Colorado II whorieplaweuis White Fountain Ranch, Ltd. % One Park Centre I. 1333 West 120th Avenue, Suite 211 r Denver, Colorado 80234 of the Crory of Weld ,state of Coloado.paoeelsr II ' wnNEggem,IS the grsnto$s band lncvasidmdoaoflile wand Seven Hundred and Twelve Thousand and Five Hundred Dollars ($712,500.00) the wompundsufamencyofwhich is toxa emiam'lagged,ha ygcce�(patc�Arita,b`plaed,saideodeomeyd.Say thewpn:and° pm, II Poo'w I, bargain.sell.toasty.and confine.set the panels),its JAVA%assW forte,all die teal property together with impros mow i 1).A if any.situate,lying and being In We Caudy of Weld .Ste ofColwado. dese,fbd as foawn: I r, See the attached Exhibit A. 1 I I I I she known it anent ad number as: 'I I TOGETHER with all and singular the heSAitanenn and eppaanataes thereto belonging.fir in anywise appertaining,and the rewnbn and I reveno,a,remainder and tamYnden,men.Issues and profits dlaaof,sad all the estate.fight.title.Wems claim and demand*hemmer of the ' granmrtsl.either in law or equity,of,in and to the Nom Imputed pamima.with the hmenmems ad appmmtuooea. -II i TO HAVE AND TO HOLD to said Premises Nine bargained end described with the appotenana.men the paawas*its SUCQ6i.5Rfs Iii &pips tonne And the grw,.la.br }woo mp�l�,��s. the 1 rhim end pawns'sromaemMlws.ao covenant.gnat.Wrath.and ee nano itsS ° m"aati thea the Nwofthnnuihhgmedellvery I**Pitman' they were weer I I seised of the premises above conveyed.ha NI god,H A,perfect,absolute and indhaa)le came of'thorium*.in low. in fee simple,and I I i' Its ye god Ogle.full power uid authority to gram,hatpin.sell awl convey the same a manner and Ran m eternal.and that the areas fret i and clew Pom all farmers d other grants.bargains,soles,liens.Yaei,warante,encumbrance..said marcdmaof whinmrkinder name inner, '' except II See the attached Exhibit A. ' I I! i. 11 The Renton shall nide/ill WARRANT AND FOREVER DEPENDtheabotwberpineOprethisesinthgdlu end peecen*pmsescbootthe prkelsi, its Ric CatUficy amlps,gatnaNaodevers pasonorpenom lawhilyclahningdmwbokarty pasmemm, I __. IN WITNESS WHEREOF die grantor's)lyre executed this deed on she date set tooth abate. ` 2402 Lei I WI( am. Carol C. Bell Ii r ill STATE Of COLORADO II County of Weld } The tortgoing bewrem win acknowledged tam it uls 5th daY M December .19 89 br William H. Bell and Carol C. Bell.I _ MyeRaQjrea Dec. 1, 1990 W and racm seal��` ' fir'. e. 1113 10th Avenue corn w+ar I • 7Ali,k',.'. , • ••:..•,...‘1,,in—.Q ire°: ,. Greeley, Colorado 80631 .�i? o A..'11/7.-1-•• Q !l �",,.[ i I1 eH 0eevea'bum]s'ta , . • �, Or/. No.932.Ren3.1g. WARRANT'D®Mr Pamy.♦lkilwat} eg Mane ranha4.rtes War R..Pawn CO KIm—imlI 292.2500—e.W SKLD LG SKL10422 WE 2199535-1989 . 001 _ B 1250 REC 02199535 12/06/89 12:59 D35.00 2/007 F 1773 MAkY ANN FEUERSTSIN CLERK & RECORDER WELD CO, CO EXHIBIT A TO THE WARRANTY DEED The property shall include the following: Parcel #1. Lot B of Recorded Exemption No. 1477-30-2- RE564, recorded August 10, 1982 in Book 974, Reception No. 1900026, being a part of the W1/2 of the W1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado. Parcel #2. The W1/2 of Section 29, Township 1 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights. both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: The water rights represented by Well Permit No. 464-FP (former Permit No. 464R), Well Permit No. 467-FP ( former Permit No. 467R), Well Permit No. 8533-FP ( former Permit No. 8533R), Well Permit No. 8534-FP (former Permit No. 8534R), and Well Permit No. 8535-FP (former Permit No. 8535R); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; The water rights represented by Well Permit No. 30635 and Well Permit No. 135893-A ( former Permit No. 135893). Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and SKLD LG SKL10422 WE 2199535-1989 . 002 B 1250 REC 02199535 12/06/89 12:59 035.00 3/007 F 1774 MARY ANN FEOaRSTEIN CLERA 8 RECORDER WELD CO, CO other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to: (a) All interest in the Oil and Gas Lease between Johnnie Jakel, Robert T. Jakel and James R. Jakel, as Lessors, and Energy Minerals Corporation, Lessee, for a primary term of three (3) months dated February 5, 1981, and recorded February 10, 1981 in Book 927 as Reception No. 1849265; and the extension of said Lease as claimed by Affidavit of Lease Extension or Production, filed pursuant to Section 38-42-106, C.R.S. , by Energy Minerals Corporation, dated June 8, 1981, and recorded June 15, 1981 in Book 938 as Reception No. 1860496 (covering the W1/2 of W1/2, Section 3O); (b) All interest in the Surface Lease between William H. Bell, Lessor, and Crystal Oil Company, Lessee, for a primary term of two (2) years, and thereafter on a year to year basis, dated May 18, 1981, and recorded August 14, 1981 in Book 944 as Reception No. 1866275 (parcel of land in the SW1/4 of Section 29); (a) All interest in the Surface Lease between William H. Bell, Lessor, and Damson Oil Corporation, Lessee, for a primary term of two (2) years and thereafter on a year to year basis, dated April 14, 1982 and recorded October 4, 1982 in Book 979, Reception No. 01905324 (parcel of land in the SW1/4 of Section 29); (d) All interest in the Surface Lease between William H. Bell, Lessor, and Damson Oil Company, Lessee, for a primary term of two (2) years and thereafter on a year to year basis, dated May 6, 1982, and recorded October 4, 1982 in Book 979, Reception No. O19O5323 (parcel of land in the SW1/4 of Section 29); (e) All interest in the Surface Owner's Agreement between William H. and Carol C. Bell, Lessors, and Champlin Petroleum Company, Lessee, for a period of one (1) year or longer, dated September 3O, 1983 and recorded November 3O, 1983 2 SKLD LG SKL10422 WE 2199535-1989 . 003 8 1250 REC 02199535 12/06/89 12;59 035.00 4/007 F 1775 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, Co in Book 1014, Reception No. 01948340 (covering the NW1/4 of Section 29); (f) Any and all after-acquired rights, interest and reversions to said minerals, including but not limited to, mineral rights to revert to surface owner fifteen (15) years from August 20, 1982, as reserved by James R. Jakel and Karen R. Jakel in the Deed to William H. Bell and Carol C. Bell, recorded August 20, 1982 in Book 975, Reception No. 1901408, and mineral rights to revert to surface owner twenty (2O) years from March 28, 1974, pursuant to a Warranty Deed from Doris L. Abbott to LeRoy Schlegel and Alberta J. Schlegel, recorded April 3, 1974 in Book 711, Reception No. 1633293. The property is subject to the following restrictions and limitations: 1. Rights of way for County Roads thirty (30) feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. (affects Parcels 1 and 2) 2. Easements on behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; Western Slops Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757; and Western Gas Supply Company, recorded April 2, 1985 in book 1063 as Reception No. 2004300. (affects Parcels 1 and 2) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U. S. Patent recorded April 26, 1926 in Book 460 at Page 153. (affects Parcel 1) 4. The Distributing Ditch, and any and all rights of way therefore, as evidenced by Map and Statement filed —. August 24, 1911 as Filing No. 169692, insofar as the same may affect subject property. (Affects Parcel 1) 5. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, used or useful in the operation of said line, 3 SKLD LG SKL10422 WE 2199535-1989 . 004 - 411 • B 1250 REC 02199535 12/06/89 12:59 )35.00 5/007 F 1776 MARY ANN FBQSRSTEIN CLARK i RECORDER WELD CO, CO as granted to The United States of America by John Jakel and LaVern Mae Jakel, in the instrument recorded April 21, 1951 in Book 1301 at Page 112, affecting the following described property: The center line of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said NW1/4, Section 25, being 1374 feet South of the Northwest corner of said Section 25; thence S89°57'E a distance of 2645 feet, more or less, to a pint on the East line of said NW1/4, being 1388.6 feet South of the North quarter-corner of said Section 25. Beginning again at a point on the West line of said W1/2 NW1/4, Section 30, being 1305.5 feet South of the Northwest corner of said Section 30; thence S89°57'E a distance of 1303.7 feet, more or lass, to a point on the East line of said W1/2 NW1/4, being 1363.3 feet South of the North line of said Section 30, whence the Northwest corner of said Section 30 bears N45°00'W 1848 feet. Said easement being 37.5 feet of either side of the above centerline. (Affects Parcel 1) 6. All Mineral Rights not previously reserved to revert to Surface Owner 15 years from August 20, 1982, as reserved by James R. Jakel and Karen L. Jakel in the Deed to William H. Bell and Carol C. Bell, recorded August 20, 3992 in Book 975 as Reception No. 1901408, and any i.'terests therein or rights thereunder. (Affects Parcel 1) 7. Reservations by the Union Pacific Land Company of ( 1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded September 18, 1908 in Book 233 at Page 163. (affects Parcel 2) 8. All rights of way for all reservoirs, canals, waterways and ditches that are now upon said premises or any part thereof, together with the right to operate, maintain and repair the same; also the right to construct, operate and maintain over, upon or across said land 4 SKLD LG SKL10422 WE 2199535-1989 . 005 • El 1250 REC 02199535 12/06/89 12:59 435.00 6/007 F 1777 MARY ANN FEUIRSTIIW CLERK I RICORDIR WILD CO, CO such canals, ditches, laterals and waterways of such dimensions and capacities as may be required for the proper irrigation of other lands, now owned by the first party, together with the right of ingress and egress along, upon, over, and to and from said canals, ditches, laterals and waterways, as reserved by Chicago Title and Trust Company by instruments recorded April 26, 1928, in Book 847 at Page 203 (Affects SW1/4 SW1/4 Section 29); recorded April 26, 1928, in Book 847, at Page 204 (Affects NW1/4 8W1/4 Section 29); and recorded August 17, 1932, in Book 936, at Page 124 (Affects NW1/4 and 81/2 SW1/4 Section 29). (Affects Parcel 2) 9. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, used or useful in the operation of said line, as granted to The United States of America by Viola D. Sargent, in the instrument recorded March 30, 1951 in Book 1299 at Page 189, affecting the following described property: The South half of the Northwest quarter (S1/2 NW1/4), Section 29, Township 1 North, Range 63 West of the 6th Principal Meridian. The centerline of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said 81/2 NW1/4, Section 29, being 1434.5 feet South of the Northwest corner of said Section 29; thence South 89.55' East a distance of 2686.6 feet, more or less, to a point on the East line of said 81/2 NW1/4, being 1439 feet South of the North Quarter-corner of said Section 29. Said Easement being 37.5 feet of either side of the hereinabove described centerline. (Affects Parcel 2) 10. A Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of Weld County Colorado for the use of the Federal Land Bank of Wichita, Wichita, Kansas, to secure a promissory note in the amount of Five Hundred Fifty-Six Thousand Dollars ($556,000.00), dated August 17, 1982 and recorded August 20, 1982 in Book 975, Reception No. 1901409. 5 SKLD LG SKL10422 WE 2199535-1989 . 006 • B 1250 EEC 02199535 12/06/89 12s59 035.00 7/007 F 1778 MARY ANN FEDERSTEIN CLERK i RECORDER WELD CO, CO 11. Security interest under the Uniform Ccmmercinl Code affecting the subject property as indicated by a Financing Statement from William H. Bell and Carol C. Bell, debtors, to the Federal Land Bank of Wichita, secured party, filed August 20, 1982 as Filing No. U0176573 and recorded August 20, 1982 in Book 0975, Reception No. 01901410. 6 SKLD LG SKL10422 WE 2199535-1989 . 007 AR2212701 8 1263 2.02212709 05/03/90 16127 b150 1/030 ... P 0001 11-Alai r6L1$RnTEIN CLERK a R6cO CO, CO WARRANTY DEED i TH18 DEED,faro,us 16th &I'a Anti I .m 90 . , . ww.enWhite Mountain Ranch, a limited partnership of'ganiz i' Iand existing under the laws of the State of Nevada and _ SUReDocu.1enWyFee registered and doing business in Colorado as Colorado we,,, ,;,;, ;,9 ..- 1 White Mountain Ranch, Ltd. .ran • t.,,. eie"7."AT�w.,-, Caalye Adams .Stair alCan ernesl.l an '1c.9,,, Eagle Peak farms, Ltd., a Color,do limited partnership i 0 , �" I ow NW amt»i. coo One Park Centre `i ir 1333 West 120th Avenue. Suite 211 I. Denver, Colorado 80234 I .1 at the Canny of Mains .Nord One een.parer, wrltivaETE,rottedinlablefwrctienk atettr+eva Four Million Seventy-Four Thousand and Two Hundred Twenty Dollars ($4,074,220.00) -wlafA.v- I darnelp mid!diking a eta Monk aMaakugdlaa ��s�sd�r��lw d-. $.,.raad.vwlal.aalyeawplaaadaea pit I I bggea,way aawy�and chafe,an Si pNaanl. its .UGC tfi a.I .Mak a tie n al rawly,Watt MO kaplaaaaia, Ir My,'Mgt lyre ad kw in the ea tya Weld ,dam aDane* derflbad a Man I I I See the attached Exhibit A. I� I I 1 i wsaaabyaawaaaaaaOMM TOGETHER ha all al*gay Si henta etas lad a{paaar s Smo Od aging.or in auk ap,atakits ad aY revekoa al • i ewlshns,Innsinder IS raaiakn,ten,air lad pairs tainot at aD the ethic.d 1L Wk.ne i.dAa rd dated flamer al a , I gtaafsl.Nile G la a mmigA A Ss al is aru.ea.pYadmists.wet►the a/ediumed lad app..mices. I�' TO HAVE AND TO HOLD n*sae pmesst alww Seal aid*Inabawe Se��Qa'�glb5a5,e�np.„bD.-5sank praal. its r�; tIas4gm fames,And gepaerlsL kw .._fi_ its suesD. 4 lies ` ,'shat ad • ate toadwta amaeecs. its 5Ybkraa as lathe waewae ensear6rdeeb aisabr pikao. it is et' Iwined of the praises.bore cowgd.t snot'a pn*a.roomed irdefa*le ear of irinitaV.e.Is S. in be siapk,ad ij bas dual tight MI pear ad skein twat.barna•all andsouvey threat SSSIaad ant ina id.a n date saws 5a I I'I end der noma tuna me oiler grata bagnk&a a hi le. m,tan.ark ea. ..ad Miriam*elMaaerkindor'sir foam. I. I, tap ' II See the attached Exhibit A. II ! li I! T`t ramie 111 RRANT AM)WREVU DEFENDS maims in thequiet sapnm aft bkprraeseiaee i II pantela. its 55 CtiaaNasio..agoras,' and eery pessamorpotsonslafellyckionagtheithokoraay pan Roza IN WITNESS WHEREOF.the paarlse bas awned thisdetd on de dame set fah tote. f Whits Mountain Ranch, a limited partnership 'organized and existing urder the laws of the iState of Nevada and registered and doing business in Colorado as Colorado 'Elite • Mountain-Ranch, /Ltd By: 1/1 r._ ev-e.a-o-<-.rte( - Wi Liam M. Weaver, Jr. General PartnescATE0,00liect, 1 I New York 1 "- Caayof had.. „t 1 ,�f 1; The again Ua n if ata ws wk�eed lychee n this 'I/I' da d t•, ; .I9 op . II by William M. Weaver, Jr., as General Partner of Mite Mountain Ranch, a limited * My eonimisira apses Wetness my band awl ommi sal. 11 �_ "' . *partnership organized and existing under the laws of there Nevada and ,I registered and doing business in Colorado as Colorado White untain Ranch, ltd. ;i +i 'If in Dann.down-City al- �� tan Mao Way_p Y od o- 1-roes L______.-__.._._-- -CidiiithaatY No.932.Read-g5. N\SRANTVDEED i1.,aiagaaae haws Catnissiaf Expires Gap.33,1090 S SKLD LG SKL10422 WE 2212709-1990 . 001 a,a_I..as 8 1263 RIC 02212 05/03/96 16:27 8150 2/030 CO P 0002 NARY AWN taulasTszn CLOS i RSCORDaR CO, ERHIDIT A TO THE WARRANTY DIED The property shall include the following: PAR= A. : Parcel 1: Lot a of Recorded Exemption No. 1477-30-2- R5564, recorded August 10, 1982 in sock 97.3, Reception No. 1900026, being a part of the 81/2 of the W1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.N. , Weld County, Colorado. Parcel 2: The W1/2 of Section 29, Township 1 North, Range 63 West of the 6th P.N., Weld County, G4loredo. Together with all and singular, the hereditaments and. appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery: and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: The water rights represented by Well Permit No. 464-FP (former Permit No. 464R), Well Permit No, 467-FP (former Permit No. 467R), well Permit No. 8533-FP (former Permit No. 8533R), Well Permit Nr. 8534-FP (former Permit No. 8534R), and Well Permit No. 8535-FP (former Permit No. 8535R); and All interest in the denrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; The water rights represented by Well Permit No. 30635 and Well Permit No. 135893-A (former Permit No. 135893). Including any and all easements and rights-of-way associated with the water land water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water eff of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and SKLD LG SKL10422 WE 2212709-1990 . 002 8 1263 REC 022 09 05/03/90 16:27 .00 3/030 F 0003 MARY EUSRSTEIN CLERK I RECONOOR MELD CO, CO other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoin; property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravci, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to: (a) All interest in the Oil and Gas Lease between Johnnie Jakel, Robert T. Jekel and James R. Jakel, as Lessors, and Energy Minerals Corporation, Lessee, for a primary term of three (3) months dated February 5, 1981, and recorded February 10, 1981 in Book 927 as Reception No. 1849265; and the extension of said Lease as claimed by Affidavit of Lease Extension or Production, filed pursuant to Section 38-42-106, C.R.S. , by Energy Minerals Corporation, dated June 8, 1981, and recorded June 15, 1981 in Book 938 as Reception No. 1860496 (covering the W1/2 of W1/2, Section 30); (b) All interest in the Surface Lease between William H. Bell, Lessor, and Crystal Oil Company, Lessee, for a primary term of two (2) years. and thereafter on a year to year basis, dated May 18, 1981, and recorded August 14, 1981 in Book 944 as Reception No. 1866275 (parcel of land in the SW1/4 of Section 29 ); (c) All interest in the Surface Lease between William H. Bell, Lessor, and Damson 0 .1 Corporation, Lessee, for a primary term of two (2) years and thereafter on a year to year basis, dated April 14. 1982 and recorded October '. 1982 in Book 979, Reception No. 01905324 (parcel of land in the SW1/4 of Section 29 ); (d) All interest in the Surface Lease between William H. Bell, Lessor, and Damson Oil Company, Lessee, for a primary term of two (2) years and thereafter on a year to year basis, dated May 6, 1982, and recorded October 4, 1982 in Book 979, Reception No. 01905323 (parcel of land in the SW1/4 of Section 29); (e) All interest in the Surface Owner's Agreement between William H. and Carol C. Bell, Lessors, and Champlin Petroleum Company, Lessee, for a period of one (1 ) year or longer, dated September 30, 1983 and recorded November 30, 1983 2 SKLD LG SKL10422 WE 2212709-1990 . 003 8 1263 02212709 05/03/90 160240,150.00 4/030 F 0004 Y ANN fEUERSTEIN CLERKDER WELD CO, CO in Book 1014, Reception No. 01948340 (covering the NW1/4 c Saction 29 ) ; ( f) Any and all after-acquired rights, interest or reversions to said minerals, including but not limited tc mineral rights to revert to surface owner fifteen ( 15) years frc August 20, 1982, as reserved by James R. Jaskol and Karen R. Jaki in the Deed to William H. Bell and Carol C. Bell, recorded Augui 20, 1982 in Book 975, Reception No. 1901408, and mineral right to revert to surface owner twenty (20) years from March 28, 1974 pursuant to a Warranty Deed from Doris L. Abbott to LeRc Schlegel and Alberta J. Schlegel, recorded April 3, 1974 in Boc 711, Reception No. 1633293. The property is subject to the following restrict+ons at limitations: 1 . Rights of way for County Roads thirty (30) feet wide c each side of Section and Torniship lines, as establiahE by Order of the Board of County Commissioners for We] County, recorded October 14, 1889, in Book 86 at Pa; 273. (affects Parcels 1 and 2) 2. Easements on behalf of Mountain Bell Telephone Company recorded October 1, 1981 in Book 949 as Reception Nc 1870705; Colorado Interstate Gas Company, records August 31, 1984 in Book 1041 as Reception No. 1979784 Associated Natural Gas, Inc. , recorded April 10, 191 in Book 1229 as Reception Mc:. 2175917; Public Servic Company of Colorado, recorded November 9, 1981 in Bo( 952 as Reception No. 1874084; Western Slope G4 Company, recorded March 9, 1983 in Book 990 Reception No. 1919757; and Western Gas Supply Compan recorded April 2, 1985 in book 1063 as Reception Nc 2004300. (affects Parcels 1 and 2) 3. A ,servation of right of way for any ditches or canal constructed by authority of United States, in U. Patent recorded April 26. 1926 in Book 460 at Page _5: (affects Parcel 1) 4. The Distributing Ditch, and any and all rights of wi therefor, as evidenced by Map and Statement file August 24, 1911 as Filing No. 169692, insofar as ti same may affect subject property. (Affects Parcel 1 ) 5. Easement and right of way to ccastruct, operate al maintain an electric transmission line, with all pole: cross arms, cables, wires, guys, supports, fixtures al devices, used or useful in the operation of said lino 3 SKLD LG SKL10422 WE 2212709-1990 . 004 8 1263 me 03212709 05/03/90 16;27 1150,00 5/030 P 0005 NARY AWN PEIJERSTEIN CLERK a RBCORDBR WELD CO, CO as granted to The United States of America by John Jakel and Lavern Nee Jakel, in the instrument recorded April 21, 1951 in Sock 1301 at Page 112, affecting the following described property: The center line of the route of said line of poles and wires to be erected across said lands shell be as follows; Beginning at a point on the Nest line of said NW1/4, Section 25, being 1374 feet South of the Northwest corner of said Section 25; thence 889.57'S a distance of 2645 feet, more or less, to a point on the Bast line of said bW1/4, being 1388.6 feet South of the North quarter-corner of said Section 25. eeginnSag again at a point on the Vest line of said M1/2 NV1/4, Section 30, being 1305.5 feet South of the Northwest corner of said Section 30; thence 889•5718 a distance of 1303.7 feet, more or less, to a point on the East line of said W1/2 NW1/4, bring 1363.3 feet South of the North line of said Section 30, whence the Northwest corner of said Section 30 bears N45.00'W 1848 feet. Said easement being 37.5 feet of either side of the above centerline. (Affects Parcel 1) 6, All Mineral Rights not previously reserved to revert to Surface Owner 15 years from August 20, 1982, as reserved by Janes R. Jakel and Reran L. Jakel in the Deed to Wiliam H. Sell and Carol C. Bell, recorded August 20, 1982 in Book 975 as Reception No. 1901408, and any interests therein or rights thereunder. (Affects Parcel 1) 7. Reservations by the Union Pacific Lend Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals. and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded September 18, 1908 in Book 233 at Page 163. (affects Parcel 2) 8. All rights of way for all reservoirs, canals, waterways and ditches that are now upon said premises or any part thereof, together with tae right to operate, maintain and repair the same; also the right to construct, operate anti maintain over, upon or across said land 4 SKLD LG SKL10422 WE 2212709-1990 . 005 A 1261INC 02212709 05/03/90 16: y150.00 6/030 S 000 MARY ANN FEUERSTEIN CLERK i MILD CO, CO such canals, ditches, laterals and waterways cf such dimensions end capacities os may be required for the proper irrigation of other lands, now owned by the first party, together with the right of ingress and egress along, upon, over, and to and from said canals, ditches, laterals and waterways, as reserved by Chicago Title and Trust Company by instruments recorded April 26, 1928, in Book 847 at Page 203 (Affects SW1/4 SW1/4 Section 29)1 recorded April 26, 1928, in Book 847, at Page 204 (Affects NW1/4 SW1/4 Section 29); and recorded August 17, 1932. in Book 936, at Page 124 (Affects NW1/4 and 61/2 8W1/4 Section 29). (Affects Parcel 2) 9. Easement end right of way to construct, operate and maintain an electric transmission line, Math all poles, cross arms, cables, wires, guys, supports, fixtures and devices, used or useful in the operation of said line, as granted to The United States of America by Viola D. Sargent, in the instrument recorded March 30, 1951 in Book 1299 at Page )89, affecting the following described property: The South half of the Northwest quarter (S1/2 NW1/4), Section 29, Township 1 North, Range 63 West of the 6th Principal Meridian. The centerline of the route of said line of poles end wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said 31/2 NW1/4, Section 29, being 1434.5 feet South of the Northwest corner of said Section 291 thence South 89.55' East a distance of 2686.6 feet, more or lest, to a point on the East line of said S'/2 NW1/4, being 1439 feet South of the North Quarter-corner of said Section 29. Said Easement being 37 .5 feet of either side 4.f the hereinabove described centerline, (Affects Parcel 2) 10. A Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of Weld County, Colorado for the use of the Federal Land Bank of Wichita, Wichita, Kansas, to secure a promissory note in the amount of Five Hundred Fifty-51a Thousand Dollars ($556,000.00), dated August 17, 1982 and recorded August 20, 1982 in Book 975, Reception No. 1901405. (Affects Parcels 1 and 2) 5 SKLD LG SKL10422 WE 2212709-1990 . 006 8 1263AAEC 02212709 05/03/90 16:27 01,0.00 7/030 P 0007tIRY ANN FEOSRSTEIN CLERKS RECORDER WELD CO, CO 11 . Security Interest under the Uniform Commercial Code affecting the subject property as indicated by a Financing Statement from William R. Sell and Carol C. Sell, debtors, to the Federal Land Bank of Wichita, secured party, filed August 20, 1982 es Filing No. {70176573 and recorded August 20, 1982 in Sock 0975, Reception No. 01901410. (Affects Parcels 1 and 2) PARCEL S. : Parcel 1: The SW1/4 of Section 18, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado. Parcel 2: The NE1/4 of Section 24, Township t North, Range 64 West of the 6th P.M. , Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes anti buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches end ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights. both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; and All interest in the small capacity wells represented by Permit Nos. 81267 and 81268, and any other wells located on, or appurtenant to, the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-ot-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; 5 SKLD LG SKL10422 WE 2212709-1990 . 007 9 1263 RIC 022127 06/03/90 16:27 i01S0 8/030 P 0008 MARX JINN PNWANSTAIN CLINE 6 ROOMNDSRIPILD CO, CO Together with any and all personal property, fixtures and other ' items used in conjunction with or associated with the foregoing property; and specifically including all well pumps and irrigation equipments and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired: including, but not limited to: All right, title and interest in the Oil and Gas Lease between William R. Nell and Carel C. Ball, Lessors, and Mormac Oil and Gas Company, Lessee, for a primary term of two (2) years, dated March 1, 1981 and recorded April 7, 1981 in Book 932 as Reception No. 1854477: and the extension of said Oil and Gas Lease as claimed by the Affidavit filed pursuant to Section 38-42-106, C.R.S., by Carl A. Noisy, dated November 19, 1982 and recorded November 29, 1982 in Book 982 as Reception No. 1909811: and All right, title and interest in the Oil and Gas Lease between William R. Sell and Carol C. Bell, Lessors, and Griffin Petroleum Company, Lessee, for a primary tern of three (3) years, dated August 31, 1981 and recorded September 21, 1981 in B ok 948 as Reception No. 1869682. The property is subject to the following restrictions and li..iitations: 1. Rights of way for County Roads thirty (30) feet wide on each side of Section and Township lines, as established by Order of the Hoard of County Commissioners for Weld County, recorded October 14, 1889 in Hook 86 at Page 27? . (Affects Parcels 1 and 2) 2. An undivided 1/2 of all oil, gas and other minerals, and mineral rights as reserved by The Federal Land Bank of Wichita in the Deed to Orville B. Shaklee, recorded August 28, 1942 in Book 1098 at Page 97, and any interests therein or rights thereunder. (Affects Parcel 2) 3. Reservation cf right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded March 8, 1Si7 in Book 460 at Page 10, 7 SKLD LG SKL10422 WE 2212709-1990 . 008 8 1263 RI.C 0221.9 05/03/90 16:27 SU 00 9/030 F 0009 MARY ANN UERSTEIN CLERK i RECO I81ELD CO. CO (affects Parcel 1 ) and recorded April 19, 1916 in Book 385, at Page 164. (Affects Parcel 2) . 4. Right of way 50 feet wide as granted to The Chicago Burlington and Quincy Railroad Company by Right of Way Deed recorded July 9, 1925 in Book 779 at Pegs 242. NOTE: Said right of way is on the Southerly side of end adjoining the center line of the beet spur tract as now surveyed over and across said land. (Affects Parcel 1) 5. Existing railroad right of way as evidenced by right of way deed recorded July 9, 1925 in Book 7Th at Page 242, the exact location is not disclosed of record. (Affects Parcel 1) 6. The Shaklee Ditches and a right of way therefor, as evidenced by map filed December 27, 1927 in Book 6 of Maps at Page 93. (Affects Parcel 1 ) 7. Right of way 50 feet in width along the North line of said quarter section to the C.B. and Q. Railroad Company as same is now located, reserved in Deed from First National Bank of Greeley, Colorado, Trustee to LeRoy Schlegel and Alberta J. Schlegel, recorded December 28, 1973, in Book 705 as Reception No. 1627422. (Affects Parcel 1) 8. Oil and gas lease between William H. Bell and Carol C. Bell and Morose Oil. and Gas Co. . Denver, Colorado dated March 1, 1981, recorded April 7, 1981 in Book 932 as Reception No. 1854477, and any interests therein or rights thereunder. (Affects Parcel_ 1 ) NOTE: Extension of the above lease as claimed by Affidavit of Production, puretlant to Section 118-13-6, C.R.S. 1963, now referred to as Section 38-42-106, C.R.S. , by Carl A. Houy, recorded November 29, 1982 in Book 982 as Reception No. 1V09811. 9. Oil and Gas Lease between William H. Bell and Carol C. Bell, Lessors, and Griffin Petroleum Company, Lessee, for a primary term cf three (3) years, dated August 31, 1981 and recorded September 21, 1981 in Book 948 as Reception No. 1869682, and any interests therein or rights thereunder. (Affects Parcel 1 ) 8 SKLD LG SKL10422 WE 2212709-1990 . 009 B 1263 AEC 0221270 05/03/90 16:27 *150.00 10/030 F 0010 MARY ANN FOWSTEIN CLERK i RECORDER IIDD CO, CO 10. Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of the County of Weld for the use of the Federal Land Bank of Wichita, to secure Five Hundred Fifty-Six Thousand Dollars (8556,000.00), dated August 17, 1982 and recorded August 2C, 1982 in Bojk 975 as Reception Nc. 1901409. (Affects Parcels 1 and 2) 11. Deed of Trust from William H. Bel: and Carol C. Bell to the Public Trustee of the County of Weld for the use of the Federal Land Bank of Wichita, to secure Two Hundred Eleven Thousand. Dollars (8211,000.00), dated March 26, 1984 and recorded April 12, 1984 in Hook 1026 as Reception No. 1962842. (Affects Parcels 1 and 2) 12. Agreement for Pipe Line Across Right of Way between Chicago, Burlington & Quincy Railroad Company and Robert J. Busch recorded on February 4, 1985 in Book 1057 under Reception No. 1997476. ( (Affects Parcel 1 ) PARCEL C. : Parcel 1: Lot 2, and the 81/2 of the SW1/4, and the SE1/4 of Section 7, also known as the 51/2 of Section 7, Township 1 North, Ranga 63 West of the 6th P.M. , Weld County, Colorado. Parcel 2: The E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado. Parcel 3: A perpetual right of way and easement over and across the lest 16 feet of the SE1/4 of Section 18, the West 16 feet of the NE1/4 of Section 18, and the West 16 feet of the E1/2 of Section 19, all in Township 1 North, Range 63 West of the 6th P.M. , for the purpose of installing, operating and maintaining thereon a water transmission pipeline. Together with all and singular, the hereditawents and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easements, rights-of-way, or other rights of access used ir, conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or 9 SKLD LG SKL10422 WE 2212709-1990 . 010 8 1263 REG 072127 05/03/90 16:27 DiSO ?1/030 F 0011 MARY ANN FIPBRSTBIN CLINK i RBCORDBRWILD CO. CO used on the lends herein described, including but cmt limited to the followings the water rights represented by Well Permit No. 236- R, also referred to as Final Permit No. 31519-FP, Well Permit No. 235-R, also referred to as Final Permit No. 31518-FP, Well Permit No. 237-R, also referred to as Final Permit No. 3:`2O-FP, Well Permit No. 13205, and Well Permit No. 69377, and all interest in the Henrylyn irrigation District and water rights within said District cssociated with or appurtenant to the land described above. Including any and all easements and rights-of-way Associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, (A) the pipeline for irrigation watt _ as reserved in the deed recorded on March 19, 1975, as Reception No. 1656259, (8) the easements described in the documents recorded at Book 1028, Reception No. 01965008, Book 570, Reception No. 1491695, and Book 1057, Reception No. 019?7376, in the offices of the Weld County Clerk and Recorder, and said easements shall be subject to documents recorded February 20, 1922 in Book 672 at Page 154, and March 5, 1970 in Book 621 as Recepticn No. 1543408, and any applicable amendments; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment, and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to, all interest in the Oil and Gas lease between William C. Busch and Sally R. Busch, as Lessors and Donald I. Foster, as Lessee, for a primary term of two years, dated October 25, 1980, and recorded October 30, 1980 in Book 918 as Reception No. 1840202, and any interest therein or rights thereunder; and the extension of the said lease as claimed by Affidavit of Production, filed pursuant to Section. 38-42-106, C.R_S. , by Griffin Oil and Gas, Inc. , and recorded August 15, 1983 in Book 1004 as Reception No. 1937115, and the ratification of the Oil 10 SKLD LG SKL10422 WE 2212709-1990 . 011 P 1263 REC 02212709 1 03/90 16:27 6150.00 2/030 F 0012 NARY ANN FEUERSTEXN CLERK s RECORDER CO. CO and Gas Leese dated November 21, 1980 and signed by William C. Busch and Sally R. Busch and Robert 3. Busch and Rubi L. Busch, and the Extension of Oil and Gas Lease dated February 8, 1982 and signed by William C. Busch and Sally R. Busch and Robert J. Busch and Rubi L. Busch; except for an undivided one-half interest in all oil, gas and minerals underlying the 81/2 of Section 30, Township 1 North, Range 63 West of the 6th P.N. as retained in a deed recorded in Book 734, Reception N3. 1656259, in the Books and Records of the Weld County Clerk abd Recorder. The Property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects all of subject property) 2. Reservations by the Union Pacific Railroad Company of (1 ) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128. (Affects S1/2 of Section 7) 3. Reservations of ( 1 ) right of proprietor of any penetrating vein or lode to extract his ore: and (2) right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded April 5, 1311 in Book 131 at Page 425. (Affects NE1/4 Section 30) 4. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded November 25, 1916 in Book 385 at Page 192. (Affects SE1/4 Section 30) 5. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, as granted to the United States of Americe by Allen G. Abbott, in the instrument recorded March 15. 1951 in Book 1297 at Page 529, affecting the following described property: 11 SKLD LG SKL10422 WE 2212709-1990 . 012 B 1263 REC 0221 9 05/03/90 16;27 6150 LD 13/U30 F 0013 MARY ANN•( STEIN CURBCURB6 RECORDER CO, CO Beginning at a point on the West line of bald NE1/4, Section 30, being 1421 feet South of the North quartet-Corner of said Section 301 thence S89•S7'E a distance of 2717.3 feat, more or less, to a point on the East lino of said NE1/4, being 1434.5 feet South of the Northeast corner of said Section 30. Said easement being 37.5 feet of either side of the herein above described centerline. 6. Easements on behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated Natural Gas, Inc. , recorded April 10, 1981 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, :1981 in Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded March 9, 1983 in Book 990 As Reception No. 1919757; and Western Gas Supply Company, recorded April 2, 1985, in gook 1063 as Reception No. 2004S10. 7, Deed of Trust from White Mountain Ranch, a limited partnership organized and existing under the lawv of the State of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd. , to the 'ubAi° Trustee of Weld County, Colorado, for the use and benefit of William C. Busch and Sally R. Busch, ' dated November 29, 1984, to secure a promissory note in the principal amount of S600,000.00, and recorded November 30, 1989 in Book 1250, Reception No. 2198938. 8. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. patent recorded June 19, 1918 in Book 507 at page 37 (Affects NE1/4 Section 18), and in U.S. patent recorded November 6; 1924 in Book 668 at page 148 (Affects SE1/4 Section 18). 9. Right of way to construct an irrigation ditch granted to Harry' F.F. Flock by Marcie Johnson, Administratrix of the Estate of Peter E. Johnson, deceased, and. Fred R. Wright, Mortgagee by Assignment, by Right of Nay Deed recorded April 7, 1943 it Book 1108 at Page 228. (Affects NE1/4 Section 18) 12 SKLD LG SKL10422 WE 2212709-1990 . 013 8 1263 !MC 022109 05/03/90 16027 a15 00 14/030 F 0014 MARY R UERSTEIN CLERK i RECORD LD CO, CO 10. Reservation of oil, coal and other minerals and rigihts of ingress and egress as reserved by Union Pacific Railroad Company in Deed to the Western Land Company, recorded September 18, 1908 in Book 233 at Page 163. (Affects 21/2, Section 19) 11. The right to anstruc.t, operate and maintain water conveyance facilities as reserved by Chicago Title and Trust Company as Trustee in the Deed recorded August 17, 1932 in Book 936 at Page 124. (Affects E1/2 of Section 19) 12. Mc;rtgage from Chicago, Burlington & Quincy Railroad Company to The First Nation Bank of the City of New York and Frazier L. Ford, Trustee, recorded FE.aruary 20, 1922 in Book 672 at Page 154, and Mortgage from Burlington Northern, Inc. to Morgan. Guaranty Trust Company of New York end Jacob M. Ford, II, Trustees, recorded Marco 5, 1970 in book 621 as Reception No. 1543408. (Affects 21/2 of Section 18) PARCEL D. :. Parcel 1: All that part of Section 27, Township 1 North, Range 63 West of the 6th P.M. Weld County, Colorado, lying North and West of Prospect Lateral. EXCEPTING THEREFROM a parcel of land conveyed to The Henrylyn Irrigation District by deed recorded June 9, 1923 in Book 711 at Page 148, being more particularly described as follows: BEGINNING at the Northwest corner of Section 27, running thence East along the North line of said Section for s distance of 820 feet, thence South 1060 feet, thence West 820 feet, thence North 1060 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM a parcel of land conveyed by Deeds recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 18, 1953 in Book 1352 at Page 249. Parcel. 2: The SW1/4 of Section 22, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado EXCEPTING THEREFROM a parcel of land reserved in Deed recorded January 9, 1946 in Book 1169 at Page 65, being more particularly described as follows: A strip of land 100 L'eet wide, BEGINNING at the Northwest end of the Olds Reservoir embankment on the SW1/4 of the Section 22, and extending along the outer line of the right of way for the reservoir to the Southeast end of said embarkment, 13 SKLD LG SKL10422 WE 2212709-1990 . 014 8 1263 REC 02219 05/03/90 16:27 *15 0 15/030 F 0015 NARY ANN RSTEIN CLEW i RECO CO, CO thence along the East side of said reservoir site to the South line of the SW1/4 of said Section 22. Together with all and singular, the hereditament: and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery: and . Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the lands herein described, including but not limited to the following: The water rights represented by Well Permit No. 12123- FP (former Permit No. 12123-R), Wall Permit No. 12124- FP ( former Permit No. 12124-R), the Carder-Bright Well, the A. P. Jackson Well, and the William Vogt South Well and any and all easements, rights of way and appurtenances thereto as evidenced by instruments recorded February 21, 1948 in Book 1221 at Page 4( 5, and recorded March 15, 1953 in Hook 1352 at Page 249 (Affects Section 27); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character owned by the grantor, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; and 14 SKLD LG SKL10422 WE 2212709-1990 . 015 90 30 B 0016 a 02212'!r_ _0?BIN/CLER1t6i2RSCORDER +D CO,8' 0016 MARY ANN �� Together with and subject to all interest in the Contract dated June 4, 1936 between Z. F. Carder and Vaster Carder and W. K. Bright and John D. Bright, as recorded on January 20, 1940 in Bork 1050 at Page 119. The Property is subject to ehe following restrictions and limitations: 1. Rights of way for County Roads thirty (30) feat wide on each side of Section end Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 36 at Page 273. (Affects Section 27 and the 8W1/4 of Section 22) 2. Reservation of right of way for any ditches or canals constructed by authority of United States, in U. S. Patent recorded September 11, 1923 in Book 677 at Page 47. (Affects SW1/4 Section 22) 3. Reservations by the Union Pacific Land Company of (1) all oil, coal and other minerals underlytag subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and %press and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded October 5, 1904 in Book 217 at Page 218. (Affects Section 27) 4. Eaeetent and rigt,.t of way for Olds Reservoir, as contained in Deed recorded February Book 861, at Page 431, in which the specific location is not defined. (Affects SW1/4 Section 22) 5. Easement and right of way for construction, use and maintenance of an irrigation ditch, and ingress and egress and regresa, from ditch and pumping plant purposes granted to Arthur P. Jackson, Sr. by Tester Carder and Lucile Carder by instrement recorded February 21, 1948 in Book 1221 at Page 465 and March 15, 1953 in Book 1352 at Pare 249, of said deeds, in which the specific location of the easement is not defined. (Affects Section 27) 6. Easement and right of way for Prospect Lateral, as evidenced by deed recorded May 10, 1921 in Book 650 at Page 12 in which the specific location is not defined. 7. Easement and right of ray to construct, operate and • maintain an electric transmission line, as granted to 15 SKLD LG SKL10422 WE 2212709-1990 . 016 8 1263 EEC 027127 05/03/90 16:27 f1S0.0� 17/030 F 0017 NARY ANN F RSTELN CLERK 6 RECORDER WIND CO, CO the United States of America by Vaster Carder and Lucile Carder, Kesnssburp, Colorado, in the instrument recorded May 10, 1951 in Book 1302 at Page 437, affecting the following described property: The South half of the Northwest quarter, and that part of the Northeast quarter lying North and West of Prospect Lateral, Section 27, Township 1 North, Range 63 West of the 6th P.M. The neater line of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said S1/2 NW1/4, Section 27, being 1463 feet South of the Northwest corner of said Section 27; thence South 89'84' East a distance of 3965.5 feet, more or less, to a point on the center line of said Prospect Lateral, whence the Northwest corner of said Section 27 bears North 69'39' West 4226 feet. Said easement being 37.5 feet on either side of the centerline. 8. The property is also subject to the following easements, the precise location of which is not specified: (a) 0Occutobern1,�1981 ill n Book 949e oasaRy, recorded eception No. 1870705; (b) August 31,rado 11984einte Gas Book 1041oas RRecepany, tiorded No. 1979784; (c) s a Associated t9 f n Book Gas,29 s. Reception recorded rpil 2175917; (d) PNovember ove rSe9, 1981ce in nyBo ko 952 Colorado,as recorded Reception No. 1874084: (e) Western Slope Gas Company, recorded march 9, 1983 in Book 990 as Reception No. 1919757; and (f) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARCEL E. : The East Half of the Northeast Quarter (E1/2 NE1/4) of Section 26, Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado. Together with all and singular, the hereditamsnts and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other 16 SKLD LG SKL10422 WE 2212709-1990 . 017 8 1263 REC 04ai2709 05/03/90 16:27 5150.00 18/030 F 0018 MARY FEUERSTEIN CLERK & RECO•R WELD CO, CO homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: An undivided one-third interest in and to the water rights and irrigation wells designated by Well Permit No. 31537-FP ( former Permit No. 5854-R, also known as Permit No. 5854) , and Well Permit No. 31538-FP (former Permit No. 5856-R, also known as Permit No. 5856-RF), and all interest in Well Permit No. 5855-R (also known as Permit No. 5855); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights-of- way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, but not limited to, all right, title and interest in aid to the Agreement between Larry Mowery and Alfred Cuykendall, dated October 7, 1986, and recorded on October 9, 1986, in Hook 1131, Reception No. 02072717, of the Books and Records of the Weld County Clerk and Recorder; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired, except those listed under the reservations and limitations below. 17 SKLD LG SKL10422 WE 2212709-1990 . 018 B 1263 R.".4212709 05/03/90 16:24A0.00 19;030 T 0019 MARY ANN PEOERSTEIN CLERK i R WELD CO, CO The property is subject to the followi.ag reservations and limitations: 1. Mineral Deed from Kathryn Dailey as Personal Representative of the Estate of Daniel H. Dailey to Kathryn B. Dailey recorded December 27, 1983 in Book 1016, under Reception Number 1951079, Weld County Records, in end to all of the oil, gas, and other minerals in and under, and that may be produced from said land. 2. Deed of Conveyance from Maurice Dailey to Dailey Royalties. .c., an Illinois Corporation dated July 8, 1985, and recorded July 19, 1985 in Book 1077, under Reception Number 2017646, Weld County Records. 3. Mineral Deed from Arthur Bryan Hall to Arthur Bryan Hall, Jr. , an undivided 1/2 interest, and Jana Margaret Hall, an undivided 1/2 interest, effective December 31, 1986, and recorded January 26, 1987 in Book !143, under Reception Number 2086041, Weld County Records. 4. Reservation as contained in instrument from Paul R. Cuykendall and Anne L. Cuykendall, as recorded January 28, 1976 in Book 758 under Reception No. 1679976, Weld County Records, which is as follows: "Reserving, however, unto the grantor all of the oil, gas, and other minerals lying in, upon, and under said premises together with the right of ingress and egress to prospect for and production of the same." 5. Right of Way granted to Western Slope Gas Company, a Colorado corporation, by instrument recorded April 10, 1981 in Book 933, under Reception Number 1854831, Weld County Records. 6. Mineral Deed from Christine McDannald Hall to Arthur Bryan 11.7.11, an undivided 113 interest, Farris Mclannald Hall, an undivided 1/3 interest and Elizabeth Hall Walker an undivided 1/3 interest, recorded October 14, 1976 in Book 779, under Reception No. 1701243, Weld County Records. 7. Mineral Deed from Mary Little mcDannald to Mary Sue McDannald Carlson and Robert Morris McDannald, Jr. , recorded February 13, 1976 in Book 759 under Reception Number 1681180, Weld County Records. 8. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by 18 SKLD LG SKL10422 WE 2212709-1990 . 019 B 1263 RFC 02212' 05/03/90 16:27 *150.00 20/030 P 0020 MARY ANN ERSTEIN CLERK 6 RFCOR5EI* "O CO, the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273, Weld County Records. 9. Right of way for ditches or canals constructed by the authorStates i Patent the United States,recorded July 13, as 1904 reservedin United Book 132 at Page 89. 10. partnership organized and existing under the laws ed of Trust from White Mountain Ranch, a olimited the Stets of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd. , and Eagle Peak Fares, Ltd. , a Colorado d invited partnersl 5, hip, for the benefit of Larry Mowery, amount 0, to secure a promissory note in the principal of $70,000.00. 11 . The property is also subject to the following general notices of underground facilities that have been filed pursuant to Section 9-1.`..-103, C.R.S. : a) Mountain Bell Telephone Company. recorded October 1, 1981 in Book 949 as Reception No. 1870705. b) Associated in Book 1037 as Reception No 197 810 my 20, c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. d; Public Service Company anyRo 9$2Reception of 0 Colorado, e November 9, 1961 1874064. r ,si5� April 2, 1985 e) Western Gas Supply Company, in Book 1063 as Reception No. 2004300. PARCEL F. : An undivided 67$ interest in the following: Parcel 1: All of the Northwest Quarter of the Northwest Quarter (NW1r4 NW1/4) of Section 32, Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado. Parcel 2: The South Half of tve 2 Northwest Quarter 6 West o(S1/2 NW1/4) of Section 32, Township North f the 6th P.M. , Weld County, Colorado. Parcel 3: All of the North e 3 Half of the 6th P.M lf (N1/2) of Section Weld Township 1 North, Rang County, Colorado. 19 SKLD LG SKL10422 WE 2212709-1990 . 020 8 1263 EEC 07212702'05/03/90 16:27 0140.00 21/030 F 0021 MARY ANN ramps EIN CLERIC i RECORDER We CO, CO Parcel 4; The North 16-1/2 feet 1 the t ee, Southeast West ter er (SE1/4) of Section 22, Township the 6th P.M. , Weld County, Colorado. Parcel 5: A part of the Northeast Netter of the Southwest Range 63 West (oft the 6t4 /•h )P.MM. ,,t on more particularly described es follows: Beginning at the center of said Section 32; thence Vest along the North line of the Southwest Quarter of Section 32, 948.0 feet; thence South 56.17'20" East, 267.0 feet; thence South 73.22'10" East, 757.2 feet to the East line o'? the Southwest Quarter (SW1/4) of Section 32; thence North 89.56'30" East along said East line of Southwest Quarter point of) of beginning,ion 3contai containing feet 4.4.66 acres, more or less. Together with all and singular, the hered9.taments and appurtenances thereto belonging, or in anywira appertaining. including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and specifically including without limitation the following mobile homes: 1972 Westchester Mobile Home, VIN W65C2D0111327R, Title No. E502688 (also referred to as a 12 x 70 Westchester Mobile Home); 1969 Town and Country Mobile Home, VIN 601211763, Purged Title No. 036388186 (also referred to as a 12 x 60 mobile home); and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary andibutarY and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: The water rights represented by irrigation well Permit No. 31526-FP (former Permit No. 44771riatez which State right was also adjudicated as Underground Court Engineer Permit Colorado, 4477, Action h No. 167 . 382 or Weld County, 20 SKLD LG SKL10422 WE 2212709-1990 . 021 B 126330 RIC NARY ANNFEOE4003/90 IN,9CLERK 6 MORD= o"D •,oCCO by wall Perm the Findings and it No dated 3 5 7-FPMaro(f260 ormer9Pe�rmiit woy 4478-R ) , which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4478, in the District Court fa-, Weld County, Colorado, Civil Potion No. 16704, No. 382, by the Findings and Dee dated March 26, 1971, and by small capacity well Permit No. 76464; Ali interest in the Renrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, storagehoof water off of the Property, and specifically limitations The License for an eight-inch (8" ) aluminum irrigation pipe across the county road existing between Sections 22 and 23, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado, said pipe traversing the county road from the Northeast Corner of the Southeast Quarter (SE1/4) of said Section 22 to the Southwest Corner, of the Northwest Board of County oCCommissioner Section , 23, as granted by Weld County, Colorado to Leonard Baumgartner, and as conveyed to Dave and Crete 3. Lausgertner by the Warranty Deed in ,joint Tenancy recorded September 15, 1969 in Book 615, Reception No. 1536793, wherein the date of said License is sstated to be March 19, 1969; including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and othex items used and conjunction withing orut limitation,associated soc �e with iallthe wellforegoing property, motors and irrigation equipment; Together with all minerals of whatever :sand or character, including but not limited to, all oil and gas and constituentE thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. 21 SKLD LG SKL10422 WE 2212709-1990 . 022 8 1763 REC 02212 05/03/90 16:27 0150 23/030 F 0023 MARY ANN RSTEIN CLERK Q RSCORDERWLD CO, CO The property is subject to the following limitations and restrictions: 1 . Rebervition of all oil, gas, and minerals underlying subject property, as reserve* by William Hoff and Katharine M. Hoff, in instrument recorded March 13, 1958 in Book 1498, Page 529, Weld County Records. (Percale 1 and 2) 2. Right of Way easement granted to Mountain States Telephone and Telegraph Company by instrument recorded November 11, 1974 in Book 726 under Reception Number 1648285, Weld County Records. (Parcel 1) 3. Mineral Deed from William Hoff and Katherina M. Hoff to George T. McMakin recorded June 25, 1975 in Records, conveying 742, under Reception Number 1663699, Weld County all interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 4. Mineral Deed from George T. McMakin and Lequita F. McMakin to L. P. Lowrey dated November 25, 1975, and recorded December 2, 1977 in Book 816, under Reception Number 1737537, Weld ofty Records, yotthher minerals in an undivided s/2 and under,interest and that to all of the oil, gas and may be produced from said land. (Parcels 1 and 2) 5. Mineral Deed from L. P. Lowrey to R. Ronald Schnier recorded Dersmber 2, 1977 in Book 816, under Reception Number 1737538, Weld County Records, conveying an undivided 1/2 interest in and to all of the oil, gas, and that may be produced from said l in under, and. (Parcels 1 and 2) 6. Mineral Deed and Royalty Conveyance from Ben H. Bragg and Artie P. Gregg to Ben H. Gregg, Jr. and Jane G. Wallower recorded April 28, 1966 in Book 566, under Reception No. 1487904, Weld County Records, conveying en undivided 2/12 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 3 and 4) 7. Mineral Deed from Ben H. Gregg and Artie P. Gregg to Mark Vaughan Gregg, Kent Bradley Gregg and Gwendolyn Jane Gregg recorded April Records, �� conveyin66 in g an 6undiivvided er Reception 1/p2 ice Nerest4in905, and Weld County to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 3 and 4) 22 SKLD LG SKL10422 WE 2212709-1990 . 023 P 1263 RISC 09709 05/03/90 16x27 641.00 24/030 P 0024 MARY JIIQA PEUERSTEIN CLERK i RECORD WELD CO, CO 8. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded March 24, 1972 in Bock 664, under Reception Number 1586146, Weld County Records, conveying all interest in and to all of the oil, gas (gas, casinghead gas, distillate, condensate, helium and all other gaseous substances) 6 associated liquid hydrocarbons in and under, and that may be produced from said land. Said interest heinr, rec,onveyed to Union Pacific Land Resources Corporation in Quit Claim ded on June 6,Reception No. 1720995, Weld 5, Weld County ir Book 799 under Records.77 (Parcel ) 9. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded January 25, 1978 in Book 821, under Reception Number 1742593, Meld Courty Records. (Parcel 3) 10. Oil and gas lease executed by Champlin Petroleum Company, as lease-, and Amoco Production Company, as lessee, recorded January 25, 1978 in Book 821, under Reception Number 1742594, Wald County Records. (Parcel 3) 11. Quit Claim of Right of Way and Surface Lease granted ty Snyder Operating Partnership L•P. by instrument recorded August 5, 1987 in Book t165, under Reception Number 2109449, Meld County Records. (Parcel 3) Estoppel of Ground Lessor on the foregoing Quit Claim December 28,01989 in Book 1252 under Reception f Right of Way and Surface Lease 221215. recorded on 12. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by board of County Commissioners for Weld County, recorded October 1889 in Book 86 at Page 273, Weld County Records. 13. A Condition contained in the United States Patent recorded December 12, 1925 in Book 677, at Page 155, Feld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water righter, as o�recognized Courts; n d acknowledged by the local customs, and decisi a right of and there is reserved from the lands hereby granted, way thereon for ditches or canals constructed by the authority of the United States." (Parcels 1 and 2) 14. A Condition contained in the United States Patent recorded July 3, 1902 in Book 201, at Page 60, Weld County Records, which states as follows: "Yet excluding and excepting from the transfer, by these presents, 'All mineral Lands' should any such be found to exist in the tracts described in the the foregoing, but this exclusion and exception according 23 SKLD LG SKL10422 WE 2212709-1990 . 024 • 7 A15 25/030 8 1263 RFC 022168 OWLS" 16:2 _�;��.. ��''��'"''"' CO, CO F 0025 NARY AMR =SUBR{gTBIN CLARK 6 ABCOl� terms of the statute, 'shall not be construed to include coal and iron land' . " (Parcel 3) 15. Reservation as contained in instrument from The Union Pacific Land Company to Anne Rhys dated August 25, 1908, recorded September 19, 1908 in Book 233 at Page 164, Weld County Records, which is as follows: "EXCEPTING AND RJSERVING: FIRST: All coal and other iinsrals within or underlying said lands. in and upon said land 3SC0ND: The exclusive right to prospect for coal and other minerals, therein or which may be supposud to be therein, and to mine for and remove from said land all coal and other minerals which mny be foundthereon he e� upon .said land THIRD: The right of ingress, egress to prospect for, mine and remove any and all such coal or other minerals and the right to use so much of said land ai may be convenient or necessary for the right of way to and from such prospect places, mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto, or for removal therefrom of coal, mineral, machinery or other materials. to maintain FOURTH: The right to Union Pacific Railroad Company and operate its railroad in its present form of construction and to make any change in the form of construction or method of operation of said Railroad." (Parcel 3) 16. Dead for a 70 foot road on the West side of the Northwest Quarter as granted to Prank E. Mulvihill by instrument recorded June 6, 1922 in Fmk 622, at Weld CountyPage 28,, Weld Records. Said strip of land conveyed in recorded on June 27, 1922 in Book 622 at Page 443 of the Weld County Records. (Parcel 3) 17. A Condition contained in the United States Patei.t recorded March 12, 192e. in Book 677, at Page 86, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs. laws and decisions of Courts; and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel 4) 18, Reservation of an undiviied one-half of all oil,f all oil,gaTs, and minerals underlying subject property, as Federal Land Bank of Wichita, the Weld County Records. Parrcel 4) in instrument recorded M( ll in Book 1078, at page 580 of 24 SKLD LG SKL10422 WE 2212709-1990 . 025 8 1263 RXC 02212 05/03/90 16;27 AiS a 26/030 F 0026 NARY ANN PIUMRSTEIN CLUES i RSCO CO, CO 19. Mineral Deed and Royalty Conveyance from Ben H. Gregg and Artie P. Gregg to Mark P. Gregg, Ben H. Cregg. Jr. and Jane O.1951 Wallower,in Book ated 1291, at page e22,62 lofC• and the Weldcorded CCounty anRecords. conveying an undivided 3/4 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 3 and 4) 20. iiil and gas lease date) December 18, 1981 executed by Dave Baumgartner and Crete Baumgartner, as lessor, and Centennial Petroleum, Inc. , as lessee, recorded January 6, 1982 in Book 958. under primary terpm of a (2)tion Number 1years90�Weld long thereafter as for oi la gas, other hydrocarbons, or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. (Parcel 4) 21. Subject to the terms and conditions of an Agreement between Mary A. White and Edger J, Siam, as evidenced by instrument recorded March 14, 1931 in Book 912, at page 62, Weld County Records. (Parcel 5) 22. Oil end gas lease dated August 22, 1978 executed by Merl S. Dunham aka Merle E. Dunham and Ruby L. Dunham, as lessor, and Energy Minerals Corporation, aass�lessee 176 cord dWe d September te beberr 1Records,e, 1978 in Book primary45, term of Three (3) years, and as long for a thereafter as oil, gas, or other hydrocarbons or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. (Parcel 5) 23. Reservtion af 1, as r a�eser reserved Merl Dunham and aals nd underlying subject property. Ruby L. Dunham, in inst�rityt recordsdRecords. (Parcel AAuust j, 1961 in Book 1590, at page Weld 24. A condition contained in the United States Patent recorded September 15, 1927 in Hook 677, at Page 190, weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes. and right to ditches and reservoirs be fuse and in connection with the local customs, laws and water rights, as may ecisions cf Courts; acknowledged by from the lands hereby granted, a right of and there is reserved way thereon for ditches or casuals constructed by the authority of the United States." (parcel 5) 25. A Deed of Trust from White Mountain Ranch, a limited partnership organized and existing under the laws f the State of teaof Nevada and registered and doing i 25 SKLD LG SKL10422 WE 2212709-1990 . 026 8 1263 REC 0221 9 05/03/90 16.37 Sla 27/030 0027 NARY ANN IV CLERK i =CORD CO, CO Whilite NOed partnership,Ranch, Ltd. d to a and Eagle gil Peak Baumgartner Ltda . , a Colorado o or� Baumgartner, dated April 6, 1990 and securing a promissory note in the principal amount of $430,000.00. 26. A Financing S OMOnE from White Mountain sad and 'misting under the lowsf Ranch,the limited partnership organised organs State cf Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch. Ltd., and Eagle Peak a , a Colorado limited partnership, to Dave Banagartn r and Crete J Baumgartner, principal) ated mt of $430.000.00 1990 and 00, and recorded aory note witth the Colorado Secretary of State and Weld County Clerk and Recorder. 27. Oral farm leases with William H. Bell and Earl A. Baumgartner pertaining to all or a portion of the property and only ht to any crops for the year or rental pa99O.yments Grantor or any other cla waives im iim associated ny claim or gwith said farm leases. The following general notices of underground facilities have been filed pursuant to Section c-1.5-1O3, C.R.S. : a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. b) Associated Natural Gas, Inc. , recorded July 20, 1984 in Book 1037 as Reception No. 1974810. c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. ei) PublicServiceook o 952 as Colorado,Reception recorded f November r 9, 1981 in BB No. 1874084. e) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARCEL C. : The Northwest Quarter 6th P.N. ,1/4) of Secltion 9,County,Township North, Range the Together with all and singular, the hersditamentime and appurtenances thereto belonging, or in anywise apperta including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights-of-way. or other rights 1 �i access used ps, trees, conjunction with the Property, any and and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring 26 SKLD LG SKL10422 WE 2212709-1990 . 027 8 1263 REC *2709 05/03/90 16:27 0.00 28/030 F 0028 MARY ANN FEUERETEIN CLEAR i WILD CO, CO • rights, wells and well rights, both tributary and non-tributary and designated and n n-designated. on, under, appurtenant to, or used on the land herein describeJ, including but not limited to the following: the water rights represented by Final Permit No. 31595-FP (formerly Permit No. 11587-R); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water cud water rights, including, but not limited to, easements and rights-of-wa" for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically including the irrigation well and easement and right-of way on, across and under the Southwest Quarter (SW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M. , as reserved unto John W. Meyers, Jr. , and William S. Phillips in a Warranty Deed recorded December 13. 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-11587 (now Final Permit No. 31595-FP), together with permanent access for ingress and egress to said well on the existing east-west farm road to operate, repair, maintain, re-drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter (NW1/4) of Section 9, Township 1 North, Range 63 Vast of the 6th P.K., and is further set forth in said Warranty Deed; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and specifically including: A 12' by 48' house trailer (mobile home), 1963 Nashua, Vehicle Identification No. UTN21K6566; and • Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. The property is subject to the fouowing restrictions and limitations: 27 SKLD LG SKL10422 WE 2212709-1990 . 028 8 1263 EEC 022127095/03/90 16: 27 6150.00 29/030 F 0029 MARX ANN FED TEIN CLERK i RECORDER CO, CO 1. Any interest which may have been acquired by the public in the North and West 30 feet of subject property by reason ct resolution of Bond of County Commissioners recorded October 14, 1889 in Book 86 at Page 273 which provides for public roads 60 feet in width being 30 feet on each side of section lines on the public domain.. 2. Right of way and easement for "Enlargement of The D.A. Ford Reservoir No. 4" as evidenced b}' Etats:sent filed August 26, 1907 as No. 121990. Describes W1/2 NW1/4 and N91/4 of NW1/4, 9-1-63 (with other lands). 3. Reservations by the Union Pacific Railroad Company of (1 ) all oil , coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal end other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4. Easement and right of way for railroad purposes, as granted to The Chicago, Burlington & Quincy Railroad Company by Charles B. Christy, in the instrument recorded July 9, 1925 in Book 779 as Reception No. 465364, affecting the following described property: A strip of land 50 feet wide on the Westerly side of and adjoining the center line of the beet spur track of the railroad of said railroad company as now surveyed, over and across the E1/2 of the W1/2 of Section 9, Township 1 North, Range 63 West of the 6th P.M., and a strip of land 50 feet wide on the Easterly side and adjoining said center line of the railroad over and across the Wl/2 of the NE1/4 of said Section 9. It is also stipulated that if this land hereby conveyed shall cease to be used for railroad purposes in that event it shall revert to this grantor. 5. Easement and right of way for road purposes, as granted to Weld County, Colorado by Fred Durbin, in the instrument recorded March 25, 1931 in Book 911 at Page 64, affecting the following described property: 28 SKLD LG SKL10422 WE 2212709-1990 . 029 E 1263 RECAI212709 05/03/90 U42740'0150.00 30/030 F 0030 MAR TEVERSTEIN CLERK i RRDER WELD CO, CO A strip of ground 10 feet wide it being all of the South 10 feet of the North 40 feet of the N1/Z. Section 9, Township 1 North. Range 63 West of the 6th F.N. Each of the foregoing parcels are subject to 1990 taxes and special assessments. 29 SKLD LG SKL10422 WE 2212709-1990 . 030 a uc _ • ]�vO 1 • 0O.,V, a•.°�.. C9-1-6Z '035 'Z/c 153M • OCIV80100 .AiNnol,Q-.M a- i .4.* 13f4-Ze L661 csnom o6Cll6 I NOI1dW3X3 0308033e... • SIIIHV4 NV3d 33` 'oln nii.7 uiw�`ul 4,7,. alaw W.".. SA. J '01.1 'xn 1 -rya I- �: • e ' I 3 a Yj,. ai s : ; s Ji i iEi i #; '��•l l £ � �� s € \ F ` �� Z;2: ii 1I lei li rig Pjilli iiiih f j4 !iiJ' Fl `��p S iu '} 4, ! ` Y— nip �f Illli ¢t!j i:io i f N �`� F=��1gEjljFY 1_`I� L4!h 1 � �� E { L E p � � �f` ' yj With ; ; dill fW , t tI F Sa to u I ' W CC I r') I O) CV d i0 f, o o `e JI Se!O"' IL V p o oyp a 3 I i_.-4., ofp Rn a' i O V z U z N . d Z 5 u n c F p d c# �R y L _. Vl2 z 3 p 4. . r $1 - •-r Cf O .1'. 2 �?46::i e z N > ' J} 5 .f3 time if o J,. Ji X 1 L v N L n a. i o W % -1 CoSY4 - — - 0 - 7 8 X xx n U x u e C W a - C Ji Ili 0 6 0 a° . C 6r II ,y . . . I , l f. / t c I I a c 1 , il E( 1 N `s p� h*I O M § iii jg 1 N- 5 4 n III ; 14 510, cnii I N., '+1 ilF Rim ti , g CAI .^a i i.jN . ,- 1 I C S' .rrw ! - [C9 y ___ ___;____:::_. ..,c II .. `. \ i1 it 1 . s 1 p °1_1) ( C WII& ,644.8 W e,.� �A7 1 jd jti'i J c fl • 1 1111111 11111 11111IIII ICI II 11111111 1111 I II I til l 3200565 07/20/2004 05:00P Weld County, CO 1 of 6 R 31.00 D 9.01 Steve Moreno Clerk& Recorder Warranty Deed .fp� (Parcel A-2) `3 This Deed,made this V." day of July,2004, between Eagle Peak Farms, Ltd., a Colorado limited partnership,as grantor("Grantor"), and PV Water Holdings LLC, a Colorado limited liability company,whose legal address is 9145 East Kenyon Avenue, Suite 200, Denver, Colorado 80237,of the City and County of Denver, State of Colorado, as grantee("Grantee"). Witnesseth,that Grantor, for and in consideration of the sum of Ninety Thousand One Hundred Eleven Dollars($90,111)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain, sell,convey and confirm unto Grantee,its successors and assigns forever,all the real property,together with improvements,if any, situate,lying and being in the County of Weld, State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein. Together with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining and the reversion and reversions,remainder and remainders,rents, issues and profits thereof, and all the estate,right,title, interest,claim and demand whatsoever of Grantor, either in law or equity,of, in and to the 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, its successors and assigns,forever. Grantor,for itself, its successors and assigns,does covenant,grant,bargain and agree to and with Grantee, its 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 whatsoever,except for and subject to those matters as set forth on Exhibit B attached hereto and incorporated herein. Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof TNG cc,—Tt8'7 SKLD LG SKL10422 WE 3200566-2004 . 001 1110111111 111111111111!iii 111E lli 111111 !III R • 3200666 07/20/2004 06:00P Weld County, CO 2 of 6 R 31.00 D 9.01 Steve Moreno Clerk& Recorder In Witness Whereof, Grantor has executed this Deed on the date set forth above. Eagle Peak Farms,Ltd., a Colorad limited partnership By: Wal en F. Ketellapper, General Partner STATE OF COLORADO ) ) ss. CITY& COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this \S- day of July, 2004, by Walraven F. Ketellapper, General Partner of Eagle Peak Farms, Ltd., a Colorado limited partnership, on its behalf, Witness my hand and official seal. My commission expires: alp S) y Public �� \1 )1t Re r ^,^ cr 2 SKLD LG SKL10422 WE 3200566-2004 . 002 • 1111111 11111 11111 11111111111111111 till 11111 11111111 3200666 07/20/2004 06:00P Weld County, CO 3 0l 6 R 31.00 D 9.01 Steve Moreno Clerk& Recorder Exhibit A to Warranty Deed (Parcel A-2) (Legal Description) LOT B, RECORDED EXEMPTION NO.: 1477-29-3-RE-1442, RECORDED NOVEMBER 3, 1992 IN BOOK 1357 AS RECEPTION NO. 02309404, BEING A PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 1 NORTH,RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 29,TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N00°16'08"E A DISTANCE OF 2648.85 FEET. MONUMENTED BY A#6 REBAR WITH 3-1/4"ALUMINUM CAP STAMPED"PLS 23027" AT THE NORTHWEST CORNER AND A 3/8"PIPE WITH 3-1/4"ALUMINUM CAP STAMPED"CHARLES JONES LS 22098" AT THE SOUTHWEST CORNER. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29; THENCE ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 29, N00°24'30"E A DISTANCE OF 30.00 FEET; THENCE N89°09'55"E A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 63 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 4, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET EAST AND PARALLEL WITH SAID WEST LINE,N00°24'30"E A DISTANCE OF 1728.54 FEET, TO THE SOUTHEASTERLY LINE OF LOT A, SAID RECORDED EXEMPTION NO.: 1477- 29-3-RE-1442; THENCE ALONG THE EASTERLY LINE OF SAID LOT A THE FOLLOWING EIGHT(8) COURSES: N26°20'02"E A DISTANCE OF 377.12 FEET; N39°37'18"E A DISTANCE OF 315.95 FEET; N54°32'42"E A DISTANCE OF 305.01 FEET; 3 SKLD LG SKL10422 WE 3200566-2004 . 003 11111111111111111111111Oii111111iii11111iiiiJi l • • 3200666 07/20/2004 05:00P Weld County, CO 4 of 6 R 31.00 D 9.01 Steve Moreno Clerk& Recorder N63°04'26"E A DISTANCE OF 314.25 FEET; 589°07'25"W A DISTANCE OF 340.70 FEET; N00°13'37"W A DISTANCE OF 175.21 FEET; N46°23'48"W A DISTANCE OF 253.96 FEET; N89°50'39"W A DISTANCE OF 364.15 FEET, TO SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 63; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, N00°16'08"E A DISTANCE OF 2262.57 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST ONE- QUARTER OF SAID SECTION 29,N89°17'32"E A DISTANCE OF 2587.05 FEET, TO THE EAST LINE OF SAID NORTHWEST ONE-QUARTER; THENCE ALONG SAID EAST LINE OF THE NORTHWEST ONE-QUARTER, S00°17'52"W A DISTANCE OF 2616.00 FEET, TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER, S00°17'52"W A DISTANCE OF 2616.05 FEET,TO SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 4; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST ONE- QUARTER OF SAID SECTION 29, S89°09'55"W A DISTANCE OF 2590.90 FEET, TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 13,084,058 SQUARE FEET OR 300.369 ACRES. NAME AND ADDRESS OF PERSON CREATING NEWLY CREATED LEGAL DESCRIPTION (§38-35-106.5, C.R.S.) J.R. ENGINEERING 6020 GREENWOOD PLAZA BLVD. ENGLEWOOD, CO 80111 (303) 740-9393 4 SKLD LG SKL10422 WE 3200566-2004 . 004 • 1111 R 41"00 111119! 4 9 O32 0566Steve Moreno Clark+k Recorder Exhibit B to Warranty Deed (Parcel A-2) (Exceptions) 1. All taxes and assessments for the year 2004 and subsequent years, a lien, not yet due and payable. 2. Reservations by the Union Pacific Land Company of(1) all oil, coal and other minerals underlying subject property, (2)the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded September 18, 1908 in Book 233 at Page 163,and any interests therein or rights thereunder. 3. All rights of way for all reservoirs, canals,waterways and ditches that are now upon said premises or any part thereof,together with the right to operate, maintain and repair the same; also the right to construct,operate and maintain over, upon or across said land such canals, ditches, laterals and waterways of such dimensions and capacities as may be required for the proper irrigation of other lands, now owned by the first party, together with the right of ingress and egress along, upon,over, and to and from said canals, ditches, laterals and waterways, as reserved by Chicago Title and Trust Company by instruments recorded April 26, 1928, in Book 847 at Page 203, as to S W 1/4 S W 1/4 Section 29;recorded April 26, 1928, in Book 847, at Page 204, as to NW1/4 SWl/4 Section 29; and recorded August 17, 1932, in Book 936 at Page 124, as to NW 1/4/4 and E1/2 SW1/4 Section 29. 4. Right of way, whether in fee or easement only, to construct, operate and maintain an electric transmission line, with all poles, cross arms,cables,wires, guys, supports, fixtures and devices, used or useful in the operation of said line, as granted to The United States of America by Viola D. Sargent,recorded March 30, 1951 in Book 1299 at Page 189, affecting the following described property, as more particularly described in said instrument. 5. Lease, and the terms and conditions thereof, between William H. Bell, Lessor and Crystal Oil Company, Lessee,recorded August 14, 1981 in Book 944 as Reception No. 1866275, providing for a term of two years,and thereafter on a year to year basis,with an option for renewal. 6. Lease, and the terms and conditions thereof,between William H. Bell, Lessor and Damson Oil Corporation,Lessee, recorded October 4, 1982 in Book 979 as Reception No. 01905323, providing for a term of two years and thereafter on a year to year basis, with an option for renewal. 5 SKLD LG SKL10422 WE 3200566-2004 . 005 2191949e031191!!!! 1111 lI1lIIII1'lll IIII IIIIr6 of 6 R 31.00e Moreno /. Lease, and the terms and conditions thereof, between William H. Bell, Lessor and Damson Oil Corporation, Lessee, recorded October 4, 1982 in Book 979 as Reception No. 01905324,providing for a term of 2 years and thereafter on a year to year basis, with an option for renewal. 8. Terms, agreements,provisions, conditions and obligations as contained in Surface Owners Agreement by and between William H. Bell, Carol C. Bell and Champlin Petroleum Company recorded November 30, 1983 in Book 1014 as Reception No. 01948340. 9. Terms, agreements,provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms,Ltd., a Colorado limited partnership and Union Pacific Resources Company recorded August 19, 1994 in Book 1456 as Reception No. 2403244. 10. Right of way,whether in fee or easement only, for pipeline and other equipment appurtenances, as granted to Snyder Oil Corporation by Eagle Peak Farms,Ltd., a Colorado limited partnership, in the instrument recorded October 13, 1994 in Book 1463 as Reception No. 2410736, the location of which is shown in the map attached to said instrument. 11. Terms, agreements,provisions,conditions, obligations and easements as contained in Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954628. 12. The following matters as set forth on ALTA/ACSM Land Title Survey prepared by J.R. Engineering, dated November 20, 2003, as revised on December 12, 2003 and June 28, 2004,as Job Number 15006.00 to wit: 1. Any loss or damage arising from the fact that the building shown lies outside the record title lines. 2. Any loss or damage arising from the fact that crop circles and other farming operations line both inside and outside the boundary line of subject property. 3. Any loss or damage arising from the fact that there is a visible cross access between the subject property and the adjoining property. 6 SKLD LG SKL10422 WE 3200566-2004 . 006 • eRecorded in W ounty, CO Doc Id: 3694906 05/21/2010 04:0 Page: 1 of 9 Total Fee: $70.02 • Steve Moreno, Clerk and Recorder Special Warranty Deed (A2) This Deed, is made effective as of the 23rd day of April, 2010, by and between PV Water Holdings LLC,a Colorado limited liability company(the"Grantor"), and Turnpike Limited Liability Company, a Colorado limited liability company ("Grantee"), whose address is 4202 Weld County Road 65, Keenesburg, Colorado 80643, of the County of Weld, State of Colorado. Witnesseth, Grantor, for and in consideration of the sum of Ten Dollars (810.00) and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, is successors and assigns forever, all of the real property, together with improvements, if any, situate, lying and being in the Weld County, State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein ("Property"). Together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, all of the oil, gas, gravel, royalty interests and other mineral rights, all improvements thereon and attached fixtures thereon, if any, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, EXCEPT RESERVING UNTO GRANTOR, all of Grantor's tight, title and interest in all water and water rights, whether adjudicated or not,which are related to or in any way appurtenant to the Property. TO HAVE AND TO HOLD the same premises above bargained and described, with the appurtenances, unto the said Grantee, its successors and assigns forever. And, Grantor, for its successors and or assigns, does covenant, grant, bargain and agree to and with the said Grantee, its successors and assigns, that at the time of the signing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner of form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature; except for and subject to the matters set forth on Exhibit B attached hereto and incorporated herein. Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof,by,through or under Grantor. SKLD LG SKL10422 WE 3694906-2010 . 001 • eRecorded in W ounty, CO Doc Id: 3694906 05/21/2010 04:0 • Page: 2 of 9 Total Fee: $70.02 Steve Moreno, Clerk and Recorder In Witness Whereof, Grantor has executed this Deed effective as of the date set forth above. PV Water Holdings LLC, a Colorado limited liability company By: Jo H. Farkas,Manager STATE OF COLORADO ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this i9 day of April,2010,by Joel H. Farkas, as Manager for PV Water Holdings LLC, a Colorado limited liability company,on its behalf. Witness my hand and official seal. J C I4 p 151dD hf al.: n expires: y• (SEAL) • Notary Public 2 SKLD LG SKL10422 WE 3694906-2010 . 002 • eRecorded in W ounty, CO Doc Id: 3694906 05/21/2010 04:0 • Page: 3 of 9 Total Fee: $70.02 Steve Moreno, Clerk and Recorder Exhibit A to Special Warranty Deed (A2) Legal Description of the Property LOT B, RECORDED EXEMPTION NO.: 1477-29-3-RE-1442,RECORDED NOVEMBER 3, 1992 IN BOOK 1357 AS RECEPTION NO. 02309404,BEING A PART OF THE WEST HALF OF SECTION 29,TOWNSHIP 1 NORTH,RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 29,TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N00°16'08"E A DISTANCE OF 2648.85 FEET. MONUMENTED BY A#6 REBAR WITH 3-1/4"ALUMINUM CAP STAMPED"PLS 23027" AT THE NORTHWEST CORNER AND A 3/8" PIPE WITH 3-1/4"ALUMINUM CAP STAMPED"CHARLES JONES LS 22098"AT THE SOUTHWEST CORNER. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29; THENCE ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 29,N00°24'30"E A DISTANCE OF 30.00 FEET; THENCE N89°09'55"E A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 63 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 4, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET EAST AND PARALLEL WITH SAID WEST LINE,N00°24'30"E A DISTANCE OF 1728.54 FEET,TO THE SOUTHEASTERLY LINE OF LOT A, SAID RECORDED EXEMPTION NO.: 1477-29-3- RE-1442; THENCE ALONG THE EASTERLY LINE OF SAID LOT A THE FOLLOWING EIGHT(8) COURSES: N26°20'02"E A DISTANCE OF 377.12 FEET; N39°37'18"E A DISTANCE OF 315.95 FEET; N54°32'42"E A DISTANCE OF 305.01 FEET; N63°04'26"E A DISTANCE OF 314.25 FEET; S89°07'25"W A DISTANCE OF 340.70 FEET; 3 SKLD LG SKL10422 WE 3694906-2010 . 003 • eRecorded in W ounty, CO Doc Id: 3694906 05/21/2010 04:0 • Page: 4 of 9 Total Fee: $70.02 Steve Moreno, Clerk and Recorder N00°13'37"W A DISTANCE OF 175.21 FEET; N46°23'48"W A DISTANCE OF 253.96 FEET; N89°50'39"W A DISTANCE OF 364.15 FEET, TO SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 63; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29,N00°16'08"E A DISTANCE OF 2262.57 FEET,TO THE SOUTHERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 29,N89°17'32"E A DISTANCE OF 2587.05 FEET,TO THE EAST LINE OF SAID NORTHWEST ONE-QUARTER; THENCE ALONG SAID EAST LINE OF THE NORTHWEST ONE-QUARTER,S00°17'52"W A DISTANCE OF 2616.00 FEET,TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER,S00°17'52"W A DISTANCE OF 2616.05 FEET,TO SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 4; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF SAID SECTION 29, S89°09'55"W A DISTANCE OF 2590.90 FEET,TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 13,084,058 SQUARE FEET OR 300.369 ACRES. 4 SKLD LG SKL10422 WE 3694906-2010 . 004 • eRecorded in W ounty, CO Doc Id: 3694906 05/21/2010 04:0 Page: 5 of 9 Total Fee: $70.02 • Steve Moreno, Clerk and Recorder Exhibit B to Special Warranty Deed (A2) Permitted Exceptions 1. Taxes and assessments for the year 2010 and subsequent years, a lien,not yet due and payable. 2. All water,water rights,or claims thereto,in,on or under the land. 3. Any existing leases or tenancies,and any and all parties claiming by,through or under said lessees. 4. Rights of way for County Roads 30 feet on either side of Section and Township lines as established by the Board of County Commissioners for Weld County,recorded October 14, 1889 in Book 86 at Page 273. 5. Reservation by the Union Pacific Land Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine, and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, as contained in deed recorded September 18, 1908 in Book 233 at Page 163, and any and all assignments thereof or interests therein. NOTE: Quitclaim Deeds by and between Union Pacific Railroad Company, a Utah corporation and Union Pacific Land Resources Corporation, a Utah corporation recorded April 14, 1971 in Book 644 at Reception No. 1565712 and recorded April 14, 1971 in Book 644 at Reception No. 1565713. NOTE: Mineral Deed by and between Union Pacific Land Resources and Champlin Petroleum recorded January 25, 1978 in Book 821 at Reception No. 1742593. NOTE: Release and Quitclaim by and between Union Pacific Railroad Company, a Utah corporation and Union Pacific Land Resources Corporation, a Utah corporation recorded December 17, 1998 at Reception No 2661201. 6. All rights of way for all reservoirs, canals, waterways and ditches that are now upon said premises or any part thereof, together with the right to operate, maintain and repair the same; also the right to construct, operate and maintain over, upon or across said land such canals, ditches, laterals and waterways of such dimensions and capacities as may be required for the proper irrigation of other lands, now owned by the first party, together with the right of ingress and egress along,upon,over, and to and from said canals,ditches, laterals and waterways, as reserved by Chicago Title and Trust Company by instruments recorded April 26, 1928, in Book 347 at Page 203 (as to SW1/4SW1/4 Section 29); recorded April 26, 1928, in Book 847 at Page 204 (as to NWl/4SW1/4 Section 29); and recorded August 17, 1932, in Book 936 at Page 124(as to NW 1/4 and E1/2SW 1/4 Section 29). 5 SKLD LG SKL10422 WE 3694906-2010 . 005 eRecorded in W ounty, CO Doc Id: 3694906 05/21/2010 04:0 Page: 6 of 9 Total Fee: $70.02 Steve Moreno, Clerk and Recorder 7. Right of way, whether in fee or easement only, to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices,used or useful in the operation of said line, as granted to The United States of America by Viola B. Sargent, recorded March 30, 1951 in Book 1299 at Page 109. 8. An oil and gas lease, executed by William H. Bell as lessor(s) and by Crystal Oil Company as lessee(s), recorded August 14, 1981 in Book 944 at Reception No. 1866275, providing for a term of(two) 2 years, and thereafter on a year to year basis, with an option for renewal, and any and all assignments thereof or interests therein. NOTE: Assignment of Oil and Gas 1 Page unto PV Water Holdings, LLC, a Colorado limited liability company recorded July 20, 2004 at Reception No. 3200568. 9. An oil and gas lease, executed by William H. Bell as lessor(s) and Damson Oil Corporation as lessee(s), recorded October 4, 1982 in Book 979 at Reception No. 01905323, providing for a term of(two) 2 years and thereafter on a year to year basis, with an option for renewal, and any and all assignments thereof or interests therein. NOTE: Notice of Operating Agreement recorded May 16, 1986 at Reception No. 2053818. NOTE: Assignment of Oil and Gas Lease unto PV Water Holdings LLC, a Colorado limited liability company recorded July 20,2004 at Reception No. 3200568. 10. An oil and gas lease, executed by William H. Bell as lessor(s) and by Damson Oil Corporation as lessee(s), recorded August 14, 1982 in Book 979 at Reception No. 01905324, providing for a term of(two) 2 years, and thereafter on a year to year basis, with an option for renewal, and any and all assignments thereof of interests therein. NOTE: Assignment of Oil and Gas Lease unto PV Water Holdings, LLC, a Colorado limited liability company recorded July 20,2004 at Reception No. 3200568. 11. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between William H. Bell, Carol C. Bell and Champlin Petroleum Company,which was recorded November 30, 1983 in Book 1014 at Reception No. 01948340. 12. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado limited partnership and Union Pacific Resources Company, which was recorded August 19, 1994 in Book 1456 at Reception No. 2403244. 13. Right of way, whether in fee or easement only, for pipeline and other equipment appurtenances, as granted to Snyder Oil Corporation by Eagle Peak Farms, Ltd., a Colorado limited liability partnership, in the instrument recorded October 13, 1994 in 6 SKLD LG SKL10422 WE 3694906-2010 . 006 • eRecorded in Wirounty, CO Doc Id: 3694906 05/21/2010 04:0 • Page: 7 of 9 Total Fee: $70.02 Steve Moreno, Clerk and Recorder Book 1463 at Reception No. 2410736,the location of which is shown in the map attached to said instrument. NOTE: Assignment of Oil and Gas Leases and/or Agreements recorded July 20, 2004 as Reception No. 3200568. 14. Terms, conditions,provisions, agreements and obligations specified under the Request for Notification of Surface Development, which was recorded May 28, 2002 at Reception No. 2954628. 15. Notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Weld County Clerk and Recorder as disclosed by the following instruments: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at Reception No. 1979784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 at Reception No. 2175917. (d) Public Service Company of Colorado,recorded November 9, 1981 in Book 952 at Reception No. 1874084. (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 at Reception No. 1919757. (f) Western Gas Supply Company,recorded April 2, 1985 in Book 1063 at Reception No. 2004300. (g) United Power, Inc., formerly Union Rural Electric Association, Inc., recorded January 24, 1991 in Book 1288 at Reception No.02239296. NOTE: These Notices are general and do not necessarily give notice of underground facilities within the subject property. 16. Terms, conditions,provisions, agreements and obligations specified under the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court, which was recorded June 22,2004 at Reception No. 3191504. NOTE: Assignment(Well Permits and Decrees)to PV Water Holdings, LLC, a Colorado limited liability company recorded July 20,2004 at Reception No. 3200564. 17. Terms, conditions, provisions, agreements and obligations specified under the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court, which was recorded June 22,2004 at Reception No. 3191505. NOTE: Assignment(Well Permits and Decrees)to PV Water Holdings, LLC,a Colorado limited liability company recorded July 20,2004 at Reception No. 3200564. 7 SKLD LG SKL10422 WE 3694906-2010 . 007 • eRecorded in W ounty, CO Doc Id: 3694906 05/21/2010 04:0 • Page: 8 of 9 Total Fee: $70.02 Steve Moreno, Clerk and Recorder 18. Temts, conditions, provisions, agreements and obligations specified under the Special Warranty Deed(Water),which was recorded July 20,2004 at Reception No. 3200563. 19. Terms,conditions,provisions,agreements and obligations specified under the Bargain and Sale Deed(Easements), which was recorded July 20,2004 at Reception No. 3200565. 20. Terms,conditions,provisions,agreements and obligations specified under the Bargain and Sale Deed (Minerals), which was recorded July 20, 2004 at Reception No. 3200567. • 21. Terms, conditions, provisions, agreements and obligations specified under the ALTA/ACSM Land Title Survey, which was recorded September 13, 2004 at Reception No. 3218379. 22. Terms, conditions, provisions, agreements and obligations specified under the Intergovernmental Water Resources Agreement among PV Water and Sanitation Metropolitan District, PV Water and Sanitation Metropolitan District Water Activity Enterprise, The City of Commerce City and South Adams County Water and Sanitation District,which was recorded March 13,2006 at Reception No. 3370217. 23. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between PV Water Holdings, LLC, PV Water and Sanitation Metropolitan District and PV Water and Sanitation District Metropolitan District Water Activity Enterprise, which was recorded March 13,2006 at Reception No. 3370232. NOTE: Assignment of the above Agreement recorded March 13, 2006 at Reception No. 3370233. 24. Terms, conditions, provisions, agreements and obligations specified under the Temporary Easements Agreement,which was recorded March 13, 2006 at Reception No. 3370236. NOTE: Assignment of the above Temporary Easements Agreement recorded March 13, 2006 at Reception No. 3370237. 25. Terms, conditions, provisions, agreements and obligations specified under the Notice given by Prairie Falcon Express Company, which was recorded January 5, 2007 at Reception No. 3445894. 26. Terms, conditions, provisions, agreements and obligations specified under the Easement Deed, which was recorded March 14, 2008 under Reception No. 3541694 and re-recorded on April 16, 2010 under Reception No. 3687443. Deed of Trust from PV LLC, HP Farms Holdings LLC, Prospect Farms II Holdings LLC, and Pioneer Communities Holdings LLC, Each a Colorado limited liability company to the Public Trustee of Weld County for the benefit of Fortress Credit Corp., a Delaware corporation to secure the indebtedness in the principal sum of$75,000,000.00, and any other amounts and/or obligations secured thereby, dated October 31, 2007 and recorded 8 SKLD LG SKL10422 WE 3694906-2010 . 008 • eRecorded in Wiounty, CO Doc Id: 3694906 05/21/2010 04:0 • Page: 9 of 9 Total Fee: $70.02 Steve Moreno, Clerk and Recorder November 1, 2007 under Reception No. 3514967, and any amendments and modifications thereto. This Deed of Trust encumbers an Easement Interest. 27. Terms, conditions, provisions, agivvxnents and obligations contained in the Contract and Grant of Easement as set forth below: Recording Date: July 27,2009 Recording No. 3638490 28. Terms, conditions, provisions, agreements and obligations contained in the Colorado Ground Water Commission Findings and Order as set forth below: Recording Date: September 28,2009 Recording No. 3651094 9 SKLD LG SKL10422 WE 3694906-2010 . 009 • • If a well is proposed as the source of water for the proposed lot(s), the applicant should be aware the quantity of water available for usage may be limited to specific uses, Le, domestic use only, etc. Because each situation is unique, DPS encourages the applicant to contact the Office of the State Engineer, Division of Water Resources,to discuss your individual situation. The applicant should also be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. If the proposed access is via a state highway the applicant shy contact the Colorado Department of Transportation regarding the access permit(s). Additional Information is available on request SDETACH, SIGN AND SUBMIT IF APPLICABLE) ACREAGE WAIVER FORM(If inducing more land than required) A I have been informed by the Weld County Planning Department that the Recorded Exemption process requires inclusion of I!n acres. I am aware that the inclusion of the entire 36R acre parcel into this Recorded Exemption is not necessary at this fiche_ I understand that by including the entire 303 acre parcel into this Recorded Exemption, rather then doing a Reocrded Exemption on the //eO acre parcel, I waive my opportunity to further divide my property without utilizing the Recorded Exemption process. C I have been informed that I am eligible to apply for a Subdivison Exemption in conjunction with this Recorded Exemption. I waive my opportunity to obtain an additional lot utilizing the Subdivision Exemption process. r I have been informed by the Weld County Planning Department that the Recorded Exemption process allows for a total of four lots. lam aware that this Recanted Exemption is for three lots and that by not including the fourth lot I waive my opportunity to create additional lots until such time that I may by eligible again to further divide my property by utilizing the Recorded Exemption process per Section 24-8-20.C.2 of the Weld County Code. Signatures of all fee owners of property must sign this application or if an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evi must be'included showing the signatory has to legal authority to sign for the corporation. 7 . /(4u� E. --/E-/O Signatuh�Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date The foregoing instrument was subscribed and sworn to me this j(0 day of V!.(.(k/G , 20(O . WITNESS my hand and official seal. My Commission Expires: '4 115 (20(1 -.' '/""/ RESlitA4S ii"- Notary ,.°y ... SO'. cluBL+G fJ r ;9j;."�F Coyp.� P ( Colorado Secretary of State - Summary Page 1 of 1 tfrvi'40 ` Y y Py a r t V `Y gGrJ rY y , 1. s.-'^+.ir .. 'tom; 4 Home I Business I Elections I Licensing Press I About Us) Contact Us For this Record... History&Documents Cart of Good Standing Summary File a Document Subscribe Email Notification Unsubscribe Email Notification ID Number. 19931003747 Name: TURNPIKE LIMITED LIABILITY COMPANY Business Home Business Information Registered Agent RICHARD F.HUWA Business Search Registered Agent Street Address: 4202 CR#65,KEENESBURG,CO 80643,United States Registered Agent Mailing Address: FAQs,Glossary and - --- - -_- - -- - - - Information Principal Street Address: 4202 CR#65,Kewesburg,CO 80643,United States Principal Mailing Address: Status: Good Standing Form: Limited Liability Company Jurisdiction: Colorado Formation Date: 01/13/1993 Term of Duration: 01/13/2023 Annual Report Month: lune You may: • View History and Documents • Obtain Certificate of Good Standing • File a Document • Subsaibe to E-mail Notification Regarding this Record • Unsubsaibe from E-mail NotifitatiOn Regarding this Record I Previous Page I Search I Accessibility I Privacy statement I Terms of use 1700 Broadway,Denver CO 80290 I 303-894-2200 I sos.business@sos.state co us http://www.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEnt... 6/2/2010 I61 4-8N, DEPARTMENT OF NATURAL RESOURCES . C-- 0' DIVISION OF WATER RESOURCES + � */ # ,, , YEN * / Weld County Planning Departm I Ritter Jr. -IVX876 GREELEY OFFICE ovemor , Mike King June 30, 2010 MP n 9f11( Executive Director Dick Wolfe,P.E. Kim Ogle RECEIVE® Director/State Engineer Weld County Planning Department 1555 N. 17th Ave. Greely, CO 80631 RE: Turnpike, LLC Exemption, RE-5038 Part W1/2 of Section 29, T1N, R63W, 6th P.M. Water Division 8, Water District 1 Dear Ms. Ogle: This referral does not appear to qualify as a "subdivision" as defined in Section 30- 28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. According to the submitted information, the proposal is to divide the current parcel into four lots,identified as Lots A, B and C consisting of 5 acres each for agricultural and residence uses, and Lot D consisting of 288 acres for agricultural and farm ground use. Per the submittal, there are no existing wells on Lots A, B and C, and Lot D has an existing pivot sprinkler supplied by an irrigation well. According to our records commingled well permit nos. 8533-FP, 8534-RFP and 85325-RFP on proposed Lot D are permitted for irrigation use. Per the submittal, domestic well permits will be applied for as needed for the proposed Lots A, B, C and D. These well permit applications will be evaluated pursuant to the applicable statutes and rules at the time they are submitted to this office. Should you have any questions in this matter, please contact Justina Farris of this office. Sincerely, Keith Vander Horst, P.E. Designated Basins Team Leader cc: Jim Hall, P.E. Division 1 Office Brent Schantz, Water Commissioner Permit Nos. 8533-FP, 8534-RFP, 8535-RFP Lost Creek GWMD KVH/JPF: TurnpikeRE5038.doc Office of the State Engineer 1313 Sherman Street, Suite 818 •Denver, CO 80203 • Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us Hello