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Home My WebLink About20103093.tiff ki 11 m f Iiii tv$ s` r j II! a g I -0 a )115 lii 43 i 1 40! i 01 i i i II Pi b li lit Big A Y I I ,g 'dKi g� $ iai �! gIII iii,e 1 5P ii P blieon '* , i ' ;- 4i i i s ilf in III -0 0 op �a Ill I ir ill r§i P. as ' i ° i0 1 1xmlb hi r *4 ,44Il � P 6yi 1 iris-g € 5 a ° Qx lII W!i N ;4- E in. i . 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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. 2010-3093 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. 2. The applicant has proposed a well as the source of adequate water for Lots A, B and C. 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 Lots A and B, 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. Prior to recording the plat: A. The applicant shall submit a proposed building envelope(s) for Lot C 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. B. The plat shall be titled: Recorded Exemption No. 1477-23-2 RE-5023 C. Lot A shall use the existing/proposed residential access point as no additional accesses shall be granted. D. Lot B shall use the existing/proposed residential access point as no additional accesses shall be granted. E. Lot C shall use the existing agricultural/oil and gas access points as no additional accesses shall be granted. F. All approved accesses shall be clearly shown on the plat. G. County Roads 8 and 72 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. 0 The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways. Please contact CDOT to verify the access permit or for any additional requirements that may be needed to obtain or upgrade an access permit to Lot A. Please contact Gloria Hice-Idler (970-350-2148 or 970-350-2163) — Colorado Department of Transportation (CDOT) to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. Written evidence of CDOT approval shall be provided to the Department of Planning Services. I. Verify existing right-of-way (and future right-of-way requirements) for State Highway 79. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way and this information shall be indicated on the plat. All setbacks shall be measured from the edge of future right-of-way. 0 The applicant shall address the requirements of Weld County School District RE-3J as stated in the referral response dated May 6, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. Lots A and B shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-401 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. L. Lot C shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.2 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. M. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 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. 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) Lot A and Lot B are not eligible for a future land exemption in accordance with Section 24-8-20.C.2 of the Weld County Code. 3) All structures requiring building permits shall be located within the designated building envelope. 4) 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. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and/or C have an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Southeast Fire Protection District to the Weld County Building Department. 7) Potential purchasers should be aware that Lots A and B 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. 8) 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. 9) 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. 10) 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. 11) 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. 12) 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) 13) 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) 14) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 15) Prior to the release of building permits on Lots A, B and/or C, 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. 16) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 longstanding 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 area: 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; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. 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. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 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. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. 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. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 5. 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. 6. 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. 7. 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 dhuerter(u7a.co.weld.co.us 8. The Weld County Department of Planning Staff's 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. By dIQ / "v L"� Date June 8, 2010 Chris Gathman - Planner III • • ?el -505 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24"/Minimum 3 millimeter polyester sheet r../---- Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots — an hks e..._ nc cte.Q_ (l� Scale Suitable Scale? (1"=200'or 1"=100') e_.------- Accesses indicated Shared Access?If so, is easement Certificate included? ‘..------- Roads labeled, including L---''-- R.O.W Building Envelope(s) tl/ Vicinity Map Suitable Scale?(Minimum 1" =2000') North Arrow t------- Legal Description Notes from Planner/ ,1oO ftc5 55 Pcn- ' ' not.'. � Development Standards 5a.. .7/'8/J O Q-IMa; (IS. C� Conditions of Approval COOT ACa-S-' ?-5-11‘/C\ 1� 0 i C ..31i ....01 1ZotA Yis4f.a1 Owners Certificate Notarial Certificate included? All owners must sign the plat, 1: check the deed. Surveyors Certificate and All surveyed plats c./ Surveyors Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE, SE, SPR,Final PUD if Staff / Certificate Approved) !/ Planning Commission (USR, COZ, Minor Sub. Final) IC IA Certificate Board Certificate (USR, COZ„ Minor Sub Final)(Final PUD, RE,SE&ZPMH if Board approved) I'l i q 1 1 Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) /'J (A Easements C iJ i ft (modT J G I E = F `4e Please return the plat to the CAD Technician within 24 hours of receiving the plat. e 1 Planner on Call: (Initials) —SPa Kci- -to &1 s""- � wi 1 (o.�44 rj'.+N�Jcr pPh�cw c�' ‘111-' u c� L©V Planner Signature:_( l.'y� •' `� Date: �` 3/10 ` s" WELD COUNTY,COLORADO ' DEPARTMENT OF PLANNING SERVICES 91810Th STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX: 970-304-6498 Date: 2q Receipt No. Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PU D 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 L CHECK NO. TOTAL FEE Receipted By: DL# Exp. • • Chris Gathman From: Chris Gathman Sent: Thursday, July 08, 2010 3:24 PM To: 'Liz Sauter' Subject: RE-5023 (HUWA) Liz, I reviewed the latest version of this plat. I had one additional note proposed to be added. Since the staff comments were sent out on this - our Public Works has adopted an access permit requirement for new accesses (or if changing from Ag to residential use. . .) . The note reads: "Prior to the release of building permits on Lot A the applicant shall apply for an access permit and finalize their access location through the Department of Public Works." I saw two items remaining as conditions of approval: 1) Evidence the School requirements (fee in lieu) have been addressed - has this been done? 2) Evidence that CDOT access requirements have been addressed off of County Road 79. (an access permit was referred to in the application, but I did not see it, do you have a copy of the access permit?) Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 Chris Gathman From: Chris Gathman Sent: Thursday, July 08, 2010 3:20 PM To: 'bob@primemountain.com' Subject: Proposed access note for RE-5023 Here is the proposed note: "Prior to the release of building permits on Lot A and/or Lot C the applicant shall apply for an access permit and finalize their access location through the Department of Public Works." Thanks, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 I WELD COUNTY,COLORADO PARTMENT OF PLANNING SERVICES V.- 918 10711 STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX:970-304-6498 Date: -F 0 20 / ? Receipt No. , Received From: E i t ;,, 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-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑ CASH ❑CHECK NO. . TOTAL FEE Receipted By: DL# Exp. 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. i.e, 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 shall contact the Colorado Department of Transportation regarding the access permit(s). Additional Information is available on request (DETACH, SIGN AND SUBMIT IF APPLICABLE) ACREAGE WAIVER FORM(If including more land than required) IF" I have been informed by the Weld County Planning Department that the Recorded Exemption process requires inclusion of& . acres. I am aware that the inclusion of the entire 2,.) acre parcel into this Recorded Exemption is not necessary at this time. I understand that by including the entire 21/ 4 acre parcel into this Recorded Exemption, rather then doing a Reocrded Exemption on the acre parcel, I waive my opportunity to further divide my property without utilizing the Recorded Exemption process. r 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. P-7 I have been informed by the Weld County Planning Department that the Recorded Exemption process allows for a total of four lots. I am aware that this Recorded 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 evidence must be included showing the signatory has to legal authority to sign for the corporation. — 3/3 OD ure , 'tit, - 91- 111 U Signatur . er or Authorized Agent Date Sign :Owner or Authorized Agent Date The foregoing instrument was subscribed and sworn to me this JI ay of l ,tti 6k i WITNESS my hand and official seal. �/ q My Commission Expires: / �� b f C _ �/lO 1Cr.(�/7 a ,-7� Notary • 0( M i APPLICATION FLOW SHEET Wi�PG COLORADO APPLICANT: Tyrun & Kelli Huwa CASE#: RE-5023 REQUEST: Three-Lot Recorded Exemption LEGAL: The N2 of 23-1-63 LOCATION: South of and adjacent to CR 8 & east of and adjacent to State Highway 79 PARCEL ID #: 1477 23 000006 ACRES: +/- 312 acres Date By Application Received 4/6/10 Application Completed 4/6/10 Referrals listed 4/13/10 CG Vicinity map prepared File assembled �,,S'j O Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff esc94 Administrative Review decision: ti �-pvcdnn,_ g//O Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Date Plat recorded and filed c ghj,S//d O 61. 1 U J7 B ) 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 • • DEPARTMENT OF PLANNING SERVICES 1555 N 178'AVE GREELEY, CO80631 353-6100,PHONE: (970) Ex t. 3540 FAX: (970) 304-6498 O C. COLORADO April 13, 2010 Tyrun & Kelli Huwa do Liz Sauter 14800 Harback Rd Keenesburg CO 80643 Subject: RE-5023 - A Recorded Exemption located on a parcel of land described as the N2 of Section 23, 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, Digitally signed by Mn511ne eanslem S '; 1 »' Reasom I am me author of document S��Y Location:1555 N 1Ith Ave L Date:2010041311:35]3 O6'W Chris Gathman Planner 0 Notary • RECORDED EXEMPTION (RE)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: _ ---- RECEIPT/AMOUNT # _ _ 1$__ CASE #ASSIGNED: _ _ _ APPLICATION RECEIVED BY_ __� PLANNER ASSIGNED: _ _ _ Parcel Number J_ Li 7 7 - a -_ O - d 0 - 0 1 (12 digit number-found on Tax iD_information.obtainable at the Weld County Assessor's Office or snrr.c-0.werc.;.c. s:. Legal Description /t/ck ,Section.3. Township / North, Range G,- West Has the property been divided from or had divided from it any other properly since August 30,1972? Yes No t.,-- is this parcel of land,under consideration,the total contiguous Land owned by the applicant? Yes V"No FEE OWNER(S) OF THE PROPERTY. Name: T _c L (\ K�\ ��4 — �._ _ Work Phone# `/ Home Phone#3c3- r13o)-y O , Email Address Address: 39 ,p4 /iL J 79 City/StateiZip Code i-'( Q_INes b;.c r(), C!_C c?( 'f 3 APPLICANT OR AUTHORIZED AGENT (See Below:Af4170fiZatiOfl must accompany air applications signed byAu hcyned Agent) Name: Lr•z S 4u-"e r Work Phone#,303-3'1.5--.2131 Home Phone#3 63-7.3.)-'/3 6Email Address I S 4 u t e /`3 j'" 4-e b, n c+ Address: / '/Yvl) f/0 r hac. ti_ i ci(,)_ City/State/Zip Code JA t.e n e5 b.Ly C) _ `/3 Lot A `J Lot B Lot C Lot 0 Smaller Parcel n Water Source P �k� l Type of Sewer �l`�P cs�d CO: C ' PS ic Q� ,�� Proposed Use Ae-��.c, - �t�S 1�rf. .,Acreage 5 14 8 9 _ Existing Dwellings? If Yes, kst address If Yes. fist address If Yes, kst address If Yes, fist address below: below: below: below: ; •�4 p � 1' l ' If the property is vacant or unimproved wide proposed water sauce and pi posed sewer for each parcel in the blanks above. For r , example,if a well and septic is proposed state:proposed well,proposed sepbc- I (We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. 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. notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. ..._____....-r--------- - . 3//0 0 <LL kic -3/Iq //0 Signatu _ Owner or Authorized Agent Date Signature_Owneror Authorized Agent Date APPLICATION ASSISTANCE AND OFFICE LOCATIONS Tyrun & Kelli Huwa CR 8/Hwy 79 Roggen RECORDED EXEMPTION QUESTIONNAIRE 1. Domestic Water: There is one domestic well on the property that will serve the home on Lot B, permit number is 276708 (attached). Lots B and C will apply for well permits as needed. Irrigation Water: The entire property is in the Henrylyn Irrigation District. 2. Sewer: There is no septic system on the property at this time. Lots A and B will apply for permits as needed. It is not anticipated that Lot C will be built on, but should that change Lot C will also apply for septic permit.. 3. The property consists of 312 acres. There is one outbuilding on the property that was built in 2009 and is 3840 square feet. There is a cement ditch running along the west side of the property. The Henrylyn irrigation water starts in the south west corner of the property where it flows through a pipe (partially above, partially underground), to the pond in the south west corner. From there it is diverted to an underground pipe to the pivot sprinkler. Currently 257 acres are fallow with corn stocks present. There are 32 acres of irrigated wheat that are irrigated from the cement ditch. There is a partially above ground, partially underground pipe that runs from the pond to the east edge of property. There is an oil well on the west side of the property. 4. The property lies between Highway 79 and CR 71 on the south side of CR 8. The majority of the property is utilized for farm ground. Lot A will be approximately 5 acres located in the north west corner, it will be an ag residence. Lot B will be approximately 18 acres and will abut the south side of Lot A and will be used as an ag residence. Neither lots are farm ground at this time. Lot C will be 289 acres and will continue to be used as farm ground. 5. The ground is mainly level. There is a cement irrigation ditch that borders the west side of the property. The Sand Creek runs along the east boundary of the property. 6. No building envelopes are requested. 7. There are no Use by Special Review permits on this property. MAR-30-2010 TUE 08 03 AM FAX NO. P. 03 • T. ELD COUNTY TREASURER : "pd{suanr to the Weld'County,Subdinsion Oftlinance;,the attached Statement c) of.Taxes Due -issued'by me Weld.County Treasurer, are evidence that`,'as if this date, altproj rty fazes, specjal assessments and prior takes hens.ctxrently aue end payable connected with t 'p parcels) identified therein have been paid•m full Signed bate ]0 • le . . . AUG-20-2010 FRI 11 : 15 AM FAX NO. • P. 01 Weld County Treasurer Statement of Taxes Due Account Number R6527606 Parcel 147723000006 A oiencd To HUWA TYRUN& 3964 HWY 79 KEENESBLRtG,CO 80643 Legal Description Situ;Address 7143 N2 23 1 63 EXC HWY OK 1285 REC 2236724 ALSO EXC UPRR RES(8R) 2884 73 CR WELD 0 ({i0 •F Year Charges Billed Payments Balance 2009 Tax $2,17149 $2,171.49 $0.00 Grand Total Due as of 0 812 012 01 0 $0.00 Tax Wiled at 2009 Rates for Tax Area 2449.2449 Authority Mill Levy Amount Values Act cll Assessed WELD COUNTY 16.8040000' $662.07 AG-FLOOD $1351 I1? $39.330 SCHOOL DIST RE3J 21.7050000 $855.18 IRRRIGATED LAND CENTRAL COLORADO WATER 0.4250000 $16.75 AG-GRAZING LAND $: 30 $70 (CCW - Total $135,11? $39,400 LOST CREEK GROUNDWATER 0.8490000 $33.45 (LCG S.E.WELD FIRE 5.7640000 $227.10 AIMS JUNIOR COLLEGE 6.3120000 $248.69 HIGH PLAINS LIBRARY 3.2550000 5128.25 Taxes Billed 2009 55.1140000 $2,171.49 •Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY I'IE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REM ITT, LICE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST . Weld County Treasurer P.O.Box 458,Greeley CO 80832 1400 N 17th Ave,Greeley CO 80631 (970)353-3845 ext.3290 • MAR-30-2010 TUE 08:03 AM FAX NO, P. 06 • . :Akan. lit' itIMS II MEE Weld County Treasurer Statement of Taxes Due Account Number R65276k6 Parcel 147723000006 Legal Oescdptlon Sites Address •n 7143 N2 23 1 63 EXC HWY BK 1265 AEC 2230724 ALSO OW UPRR RES(BR) 2864 73 CR WELD 00000 Account:R6527686 I•RJWA TYRUN& 3964 HWY 79 KEENESHURG,CO 80643 Year Charges Billed Payments Valance 2009 Tax 12,171.40 52,171.49 $0.00 Grand Total Due as of 05/30/2010 50.00 Tax Billed at 2000 Rain for Ter Aria 2449-2449 •_— Authority Mill Levy Amount Values Actual I tHnsed WELD COUNTY 16.0040000• 5862.07 AG-FLOOD $195,012 139,330 SCHOOL DIST RE3J 21.7050000 X55.18 IRRRIGATEO LAND en, CENTRAL COLORADO WATER 0.4250000 516.75 AG-GRAZING LAND 5230 $70 (COW Total $135,842 139,400 LOST CREEK GROUNDWATER 0.6490000 $33.45 (LOG S.E.WELD FIRE 5.7640000 $227.10 AIMS JUNIOR COLLEGE 6.3120000 $248.69 HIGH PLAINS LIBRARY 3.2550000 $128.25 Texas Billed 2000 55,1140000 52,171.40 Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE N rI_R THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. Weld County Treasurer P.O.Box 458,Greeley CO 80692 1400 N 17th Avo,Greeley CO 80631 1970)353-3845 ext.9290 (moment ofrawoueo4r t ® 3/30/2010 30030 AM AUG-20-2010 FRI 11 15 AM . FAX NO. • P. 02 Weld County Treasurer Statement of Taxes Due _ Account Number W6746886 Parcel 147723000006 Assessed To HU W A TYRUN& 3964 HWY 79 KEENESBURG,CO 80643 Legal Description Sites Address 81A ALL NE4 23 1 83 W OF SAND CREEK Year Charges Billed Payments Balance 2009 Tax $1,458.00 $1,458.00 $0.00 Grand Total Due as of 08/20/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 7111-7111 Authority Mill Levy Amount Values Act 'ill Assessed HENRYLYN IRRIGATION 1000.0000000 $1,458.00 6003 50 $0 Taxes Billed 2009 1000.0000000 $1,458.00 Total 30 $0 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMIT ,DICE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST . Weld County Treasurer P.O.Box 458,Greeley CO 80632 1400 N 17th Ave,Greeley CO 80631 (970)353.3845 ext.3290 . . MAR-30-2010 TUE 08:03 AM FAX NO. P. 04 Weld County Treasurer Statement of Taxes Due Account Mamba,W6746686 I'n¢al I477330001x16 Legal Description Situs Address 81A ALL NE4 23 1 63 W OF SAND CREEK Account:W6746886 HUJWA TYRUN& 3964 HWY Y 79 KEENESBURG,CO 80643 Year Charges filled Payments balance 2009 Tea $1,466.00 $1,458.00 $0.00 Grand Total Due as of 03/30/2010 $0.00 Tae Billed 47 3009 Rates for Toe Arco 71 II-71 11 Authority Mill Levy Amount Values Actual r Itossed HENRYLYN IRRIGATION 1000.0000000 $1,458.00 6003 $0 SO Tama Billed 2009 1000.0000000 $1,456.00 Total $0 $0 (4,f„ ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE A 1 R THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST I,REAL PROPERTY-AUGUST I. Weld County Treasurer P.O.Box 458.Greatest CO 80892 1400 N 17th Ave,Greeley CO 80631 (870)353-3845 ext.3200 ISta¢menl of lam Dun.pat I * 3/30/2010 64251 AM AUG-20-2010 FRI 1116 AM • FAX N0, • P. 03 Weld County Treasurer Statement of Taxes Due Account Number W6746786 Parcel 147723000006 Assessed To HUWA TYRUN& 3964 HWY 79 KEENESBURG,CO 80643 Legal Description Sites Address 160A NW4 23 1 633 Year Charges Billed Payments Balance 2009 Tax $2,880.00 $2,880.00 $0.00 Grand Total Due as of 08/20/2010 30.00 TAX Billed al 2009 Rates for Tax Arca 7111 -7111 Authority Mill Levy Amount Values Act mil Assessed HENRYLYN IRRIGATION 1000.0000000 $2,880.00 6003 SO $0 Taxes Billed 2009 1000.0000000 $2,880.00 Total SI] $0 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY 1HE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITT &ACE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST . Weld County Treasurer P.O.Box 458,Greeley CO 80632 1400 N 17th Ave,Greeley CO 80831 (970)353-3845 ext.3290 . MAR-30-2010 TUE 08:03 AM FAX NO. P. 05 • ■■■ tip■ O ■EM Weld County Treasurer Statement of Taxes Due Acc.mn Number W6746786 Parcel 1477230000116 Legal Description Sitars Address 180A NW4 23 1 63 Account!W6746786 HIJWA TYRUN& 3964 HWY 79 KEENESBURG,CO 80643 Yoar Charges Billed Payments Balance 2009 Tax $2,980.00 $2,080.00 30.00 Grand Total Due as of 03/30/2010 $0.00 Tim gilled u12IXx9 Ulm for 7-ex AreA 71 I I-7111 Authority Mill Levy Amount Values Actual 3 sassed HENRYLYN IRRIGATION 1000.0000000 52,880.00 8003 S0 $0 Taxes Billed 2009 1000.0000000 52,880.00 Total SO •,• $0 113 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE P 1'ER THE FOLLOWING DATES' PERSONAL PROPERTY AND MOBILE HOMES•AUGUST 1,REAL PROPERTY-AUGUST 1. Weld County Treasurer P.O.Box 458,Grooloy CO 80832 1400 N 171h Ave.Greeley CO 80831 I970I 953-3845 oat.3290 Statmmant of Timm oun.pvl 1 3/30/2010 200a1AM IJ— Kristine Ranslem From: Kristine Ranslem Sent: Tuesday, April 13, 2010 11:50 AM To: Bethany Salzman; 'Nice-Idler, Gloria'; 'linda.brown-smith@state.co.us'; 'chris.mettenbrink@state.co.us'; 'ron.schierer@co.usda.gov'; 'kerriegurtler@re3j.com'; 'tombeach@re3j.com' Subject: RE-5023 Referral Attachments: Referral sheet.pdf; Application.pdf We have just received a case (RE-5023) in which we ask that you review the attached material and send a referral to us by May 13, 2010. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Chris Gathman (cqathmanco.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! K.rstCv e RLt wslew. 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: Tuesday, April 13, 2010 11:50 AM To: 'Isauter@rtebb.net' Subject: Case RE-5023 Attachments: Applicant letter.pdf Please see the attached letter. KnstLN.e R.0 vusLevv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 � � REFERRAL LIST Name: Tyrun & Kelli Huwa Case #: RE-5023 Countv 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 Beth _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 _Div. of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 x 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 x South Hwy 66 (Loveland) _Northglenn Commissioner _North Hwy 66 (Greeley) _Nunn _ _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _BoulderValley/Longmont _Windsor x Brighton/SE Weld Centennial Counties _Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer Federal Government Aaencies Other _US Army Corps of Engrs x School District RE-3 USDA-APHIS Vet Service _Central Colo. Water Cons Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist(MUD Area) _Federal Communications Comm f , Referral List Name: ►-1Uw A Case# ��^ S�Z3 X � _ �\ X • � , � � . � � 7 _Platte Valley �Southeast Weld Other _West Adams _Central Colo.Water Conservancy Dist Federal Government Aqencies Left Hand Water _US Army Corps af Engrs �School District RE- 3 _USDA-APHIS Vet Service _Art Elmquist(MUD Area) t _Federal Aviation Admin(S�ructures over _Ditch ComDany, over 200 ft or wlin 20000 ft of Pub Airpod Commissioner _Federal Communications Comm � � Print Form Weid Coun�Planning Department GREEI.EY OFFICE 4 ;:�(�R ',� 5 ��in � � �� C� Weld County Referral • A ril 13 2010 COLORADO P ' The Weld County Department of Planning Services has received the following item for review: Applicant Tyrun&Kelli Huwa I Case Number RE-5023 P/ease Reply By May 13, 2010 Planner Chris Gathman Project Three Lot Recorded F�cemption Legal I N2 of Section 23,Tt N, R63W of the 6th P.M., Weld County, Colorado. Location '�South of and adjacent to CR 8 and east of and adjacent to State Hwy 79. For a more precise location, see legal. Parcel Number i 7477 23 000006 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 informatfon may be added to applications under review during the review process. If you desire to examine or obhain this additional information, please call the Departme�t of Planning Services. ❑ We have reviewed the request and find that if dces/does not comply with our Comprehensive Plan 0 We have reviewed the request and find no conflicts with ourinterests. ❑ See attached letter. ❑ Please notlfy me of any puWic hearings regarding this request. Comments: i L�/ � Signature ' ��y�icl�// Date 4/14/70 Agency Colorado Division of Wildl'rfe OWeld Counry Planning Dept 41555 N 17"'Ave, Greeley,CO.80631 4(970)353�100 e�ct.3540 O(970)304�498 fax � � Print Form Q � � � CWeld County Referral COLORADO• April 13, 2010 The Weld County Department of Planning Services has received the following item for review: Applicant 'Tyrun & Kelli Huwa Case Number RE-5023 Please Reply By �I, May 13, 2010 P/anner ' Chris Gathman Project 'Three Lot Recorded Exemption Lega/ N2 of Section 23, T1 N, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 8 and east of and adjacent to State Hwy 79. For a more precise location, see legal. Parcel Number 1477 23 000006 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 ihe 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 P/an ❑X 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 Date 04/13/2010 Agency Zoning Compliance Officer II GWeld County Planning Dept S1555 N 17'"Ave, Greeley,CO.80631 O(970)353-6100 ext.3540 b(970)304-6498 fax , . • � � ��.c�M��: � A� ' a Zmo � �� Weld County Referral C. COLORADO April 13, 2010 The Weld County Department of Planning Services has received the following item for review: Applicant Tyrun & Kelli Huwa Case Number RE-5023 Please Reply By May 13, 2010 Planner Chris Gathman Project Three Lot Recorded Exemption Legal N2 of Section 23, T1 N, R63W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 8 and east of and adjacent to State Hwy 79. For a more precise location, see legal. Parcel Number I 1477 23 000006 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: Signature � ! ` � �..—� Date �� Z� �� Agency -�- r.��l�c- �li�,^�-� t•Weld County Planning Dept. +.•1555 N 17'"Ave, Greeley,CO. 80631 fi(970)353-6100 e#.3540 i•(970)304-6498 fax � � • � Weld County Planning Departmen' � GREELEY OFFICE �� MEMORANDUM ��}- � � ��,� �E�E�VED► W��i FROMhrHedatHa senlP.ElnP blicWorksD partmeM`ay'1�010 �CDI� COLORADO SUBJECT: RE-5023, Tyrun & Kelli 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: The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350-2163) to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (State Highway 79) Weld County Road Classification Plan (FHU): WCR 8 & WCR 71 are local grevel roads and require a 60-foot right-of- way at full build out. There is presently a 60-foot right-of-way. The 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: The applicant shall utilize the existing agricultural/residential accesses to Lots A, B, and C. The applicant has not proposed any new accesses. 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 applicanUlandowner 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-5023 Page 1 of I M:\PLANNING—DEVELOPMENT REVIEIMRE-Recorded Exemption\RE-5023.docz � , . � � WELD COUNTY ROAD ACCESS 1NFORMATION SHEET Road File#: Date: ,�'�S `/ U RE#: Other Case#: Weld County Departrnent of Public Works 111 H Street,P.O.Box 758, Gree{ey,Colorado 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-&497 1. ApplipntName ��+ni- Kc�.�.i. N� � .`^ Phone ZO3- -73� -`fDa� Address 34LY �.-!v u� �4 Ciry e n d State�j_Zip oG :3 2. Address or Location of Access o� g fr`� �� r-r `J9,— P n P S�^ C'� g� r`�� Section a 3 Township�_Range� Su rvision Block Lot Weld County Road#:�Side of Road G�ksy��stance from nearest irrtersection 3. Is ihere an existing access to the property? Yes� No #of Accesses � 4. Proposed Use: F�ertnanent B�Residential/Agricultural ❑ Industrial O Temporary ❑ Subdivision � Commerciai O Other :.+......................«.,»...._.,......,........_.... ,,..,.,_.,,_...«.....•.+-_-•- 5. Site Sketch LegendforAccess Description: � p A p � AG = A9ricuYWral P,e5 �^ �} A�Y RES = Residet�tial O&G = Oil 8 Gas CoaT �,t D.R. = Ditch Road Pr,..n,�; ti A Q p = House r�o80�-1 � t�� g+ q A`�r O = Shed £ A f '\ 1.-e+ C- 4 �i��5Sn�5 �'tG��x 6 pift I� P�a�ose� l�ccesS � A�.-A Nfi %// / � .,::,,...,,,..,,:.,. � � OFFICE USE ONLY: � Road �T Dffie Accidents Date Road ADT Date Accidents Date Orainage Requirement Culvert 3¢e ��9th Special CondHions ❑ Instellation Author¢ed ❑ Information Insuffiaent Reviewed 8Y: Title: -7- � � ° Memorandum � � � TO: Chris Gathman, W.C. Planning O DATE: May 11, 2010 • FROM: Mary Evett, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE- 5023 NAME: Huwa Environmental Health Services has reviewed this proposal to exempt 2 lots off of a 312 acre parcel. Proposed lot A will consist of 5 acres, proposed lot B will consist of 18 acres and proposed lot C will consist of 289 acres. All 3 lots are currently vacant. There is an existing individual well on proposed lot B (Permit #276708) which is approved for domestic purposes inside one single family dwelling and watering of large domestic animals. An individual sewage disposal system will be installed when a residence is constructed on proposed lot B. Individual wells and individual sewage disposal systems will be installed when residences are constructed on proposed lot A and C. 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 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 Pubiic 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. May 06 2010 1 : 42PM HP LASERJET FRX P• � • • wW Pleate contact Kerrie, at Weld County School Dietrict Re-3J,at 303-536-Z005 to set np xn sppolntment to pay Recorded Exempdon Fees. May 6,2010 Weld County Department of Pla�uiing Scrvices 918 10�e Street Crreeley, CO 80631 Case Number: RE-5023 (Tyrun 8c Kelli Huwa) Deer Planning Departrnent Official: This project providea for a rewrded exemprion within the xural area of Weld County Schaol District Re-3J. Althaugh recorded exemptions,individuslly,repre9mt a small incremant of the totsl housing stock,the cumulative effect of several such approvals ig exerting a considerable negative effect upon the school distrieYe abllity to provide ndequate educational opportunities for the resulting students. Additionally,the substanrial scparation of these units fr'om other more denselypopulated areas increases school transportation costs,further eroding the amount of funds that can be applied in the clasaroom toward educating the studcnts. The school districYs Hoard of Education is opposed to approval of additional new housing without edequate midgation of land costs. However, in the event that the County Comulissioners decide to approve this applicaGon, Weld Cwnty School District Re-3J respectfully requests that these exemptions be required to mitigate thc costs of providing land for scliool sites as e�plained helow. Site Tssuee Based upou the districYs school capacitios 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 housiag unit(scc Table 1}, 'i'herefore, you will owe$2,A64.00 for creating 2 additional lats. If approved,it is requested that this amount be paid W the school district ss a caeh-in-lieu of land dedication for each new uoat allowed. Recommendsdone The Bosrd of Education rtmaina very concerncd about t3+e recent trend toaard accelerated residenriel activity throughout the district and tht ensuing enmllment that will follow,as wall es the diatrict's physical and finencial ability to serve tkaat growth. Approval of eddiYional residential development without a ready and xdenti9ed means of providing appropriate infrasVucture would not demonstrate good stewerdship of the public hust. As stated before, cash-in-lieu of land of S 1,232,00 is requested for each single-family housing unit which tatals $3,696.00 for the 3 additional lots. Without such mitigetion,the district will recommend that the application be denied. Sincerely, Susie Townsend Superintendent of 9ehools Weld County School Dishict Ra9J �ul ❑1 2010 1 : 23PM HP �RSERJET FRX p• � Weltl County School Diatr�e•3(J)l99 Wert Broedway/P.O.8ox 2681 Kee�eabur�80843 Tel:(303)576•2000I Fax:(509)538-2010 WELD � June 10, 2010 Weld County Aepartment of Planni�ag Sexvzcee 9181Q�' Streec C3reeley, Colorado 80631 Case Numbec: RE-5023 (Tyrun&Kelli Huwa) Dear Planning Services Representativa: Weld County School Disirict RE-3J hes received a check for$2,464.00 for cesh-in-lieu of land attributabla to dus reoorded exemption. Opposition to this application is now ramoved, Thenk you for yow coatinued assietance in obtnining funde tl�at will be vsed to purchage land for future school usa. Please contact me at 303-536-2000 if you desuo furthar information about this letter. Sincerely, 3usie To(�� Srxperintendent of Schools Weld County School Dietrict RE-3J _. _ _ . . _ ,_. ,. .. �ul O1 2010 1 : 23PM H;LASERJET FRX • p. 3 ..�. .,. �M��l�i �I � � ' `, � � , '�'EUN�. A �. r =i a��9Nfuxo 261� "��.��I I KELU,H�A , I �, ��a�'> � i'"'I I G . ti . � � .. . �I � gE N�b�Q 9 �CO d0 :d� � „ uy� > ;, ,' p � *'1� � � i � c �. � ia) '�I ' i � � g Pa�.foUw � , _ �:i�� ,,,kn � � �, � � . 3 c g j � , � �� '� �,;. i S �.�xi^ aqTTd �d X 5�':' f� S n .~IW � A f �< y i �ty�, �H�'�I� ;�� A . ,�,' 4 l .j � � �GZJA'R.Ar•1[�1f��( ��^ryY A �� +� �. + � "�a' ,� , � �1yTN+J�' M.n M+." tfi"�� '�� _ � ��j . r �`� 4 �. � 'i 6 . eu�Nni{Y��ifN ln �r 5�`�� ,".fi 'i y� ,1 � �"� y�,Y,y�—�r�n r� ,``��,�p��I r �i:. � � •j r7t' � a f�� ., i: � � '.� � ��xi.:�n b• , ""F� p . � �. i � . �v� I y . . . ;r�LO �ODO�66ip 2.5d��6�"7�a�� ,�� ,ri'��+��ri�,��l . , • �� : s:; ,; � ; �; ,, �;,�. I':,'.S.�. � h14. �.i. kLv!' 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I_X 2�..�-4-�� r1 � `� • • � v v � p Ca, S � y� �,� � x. � � � U�� N f L�+ h� � r �' 5 a� i , � '; L o+ 3 I ; ; $ Ac- I, .i R c.s ��mS5 I I 1�--� � w ' i 5 � D \ ' � � ' 1 � � 0. � ' Lok G � � � 1 � � � � �89 A� � j � ,� i L� c� ; A°a�A a Q � � � � I � Q.Jo� � �' SP`'�,nK��f '� r I� / ; ( � � Qc/ �� Q c�'� l W� � Q ��us i I � ' � I / � � I � p�n� �� p�- Ac� � _ ^ � _ _ - - — � ta c�e s5 . �r � 1 Ok /'� — -- _ ___ __ _ . I (' v � �� r. s � � WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: Date: � '�S `/ U RE# : Weld County Department of Pubiic Works Other Case#: 111 H Sheet,P.O.Box 758, Greeley,Colorado 80632 Phone: (970)356-4000,F�ct.3750 Fax: (970)304-6497 ��+na- Phone � O-3- 73� -�D�J. 1. Applicant Name �� 4 t"1� • — �-` Address 34�`/ i-!�.✓ c�2v C�tY e � � � Statey�ZiP �� 3 2. Address or Location of Access o� g �`� I-�w-r �� t (, 'r - Section a 3 Township I Range� Subdivision Block Lot Weld County Road#:�Side of Road Wcs� a�fGAistance from nearest intersection 3. Is there an existing access to the property? Yes� No #of Accesses� 4. Proposed Use: O�Permanent 9�Residential/Agricultural ❑ Commercial O Other ❑ Temporary ❑ Subdivision ifktf#4YfYtltfifttIXtifFfhtYtYlN�flflYYf��ttrfiftrYfnlff11t14f4it!*#41#l4ilfftttfif#YN4Nt�4t4ttfR1�lrYftlT}TlfflilfMY�H4tt1lYf1L4 5. Site Sketch Legendfor Access Description: � � ��5 � � A5- AG = Agricultural RES = Residential O&G = Oil 8 Gas Coo'f �,t D.R. = DitchRoad QiL1.n„� ti A _ (�� o = House yos�a� �u '�84 4 � O = Shed �t C N � �`� p — A�.. Nfi %// / � ................................3,.,.,...,,.... � � OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement CulveR Size Length Special Conditions ❑ Installatlon Authorized ❑ Information Insufficient rue: Reviewed By: -7- � � CERTIFICATE OF CONVEYANC�.S WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Huwa The Land Title Guarantee Company TITLE INSURANC� 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: The North half of Section 23, Township 1 North, Range 63 West of the 6`� P.M., see full legal on deed recorded March 22, 2007 at Reception No. 3463832. CONVBYANCES (if none appear, so state): • Reception No. 1529260 , Book 607 � Reception No. 1536793 , Book 615 � Reception No. 1607271 , Book 655 • Reception No. 2210466 , Book 1260 • Reception No. 2212709 , Book ]263 ^ Reception No. 2476443 , Book 1532 � Reception No. 3200577 � Reception No. 3463832 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 TiUe, nor an opinion of Title, nor a guarantee Tiile, 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 offieer this 3r° day of March, 2010 at 5:00 dclock P.M. LAND TITLE GUARANTEE COMPANY sy: � �1 � � l,� li � ��1Cti-� Kerri Allison Title Examiner � � � - a. r. - 4 �'. ..�.� . .� A- s r.� y r' � r;r�a,2',��.. �a, a x �,�a � ��"s � X �� f � �-�l. .: . fJi . I '� . �:X y �H' �^ 5�� N .w . ^� �ft � �ttW .J...__ . • .� , .a . QQ. ' y �.S y'�R.e.A��.{L*us^� c0 ^u¢mdidot �. �'�or]oo}....¢:..FA ��Z..�.� . ..... ...:.. � �f °�;��" ` ��'` � ea¢ .' xe� �es�� x�o�t.w �,, ..�w�. '� �� 1 % °�"`s r �F � r :s..'Y:.c.. r r 4� °hk+� S � . ... ` . e . _. ..._ . ....... ' ��s, i �� 8¢8t7�� '' � [ � `*�� Ben H. Lregg nnd,_Artea P. Gregg ... _ _ . . ...... . ._ .. . . ... �4�i <,ytl �v�v.i..i"r�xa .... .....-., . . .. .�}}� �:, � � ' . .. .. .. . . . ,.... _ ..... �, ��"�� 4�C.. � sGmmndAce+�i.. , .. .... . .. ..... . . __. .. . ;rt, �#��n�"�+��:S.��riG]' .. . .. . ....{x the x 'E ¢�1k {a' CemeY M' . ._ .. ned 8¢aa ot. . . .. .. ... s � _...., m ��.: i ��.� LL..I � ' ', ' '." _. '_ '�,:: a �' '+`{�� ;. �Caaodonof..sthcc r}l�eb!� sonptdex�4lon ar7d Tc.p arvd IJe/19o- . . � � r >.4 � 4� � - - - - - - - - - - - - - - - - - -,.-. , - ,: - -. _ -.-.-_�n+�. �',� . rs ., ae •--.c •.n-. . . . . " I z �saro��iH� N _.. _, : . � �.^�K 9.a�.y! „�y la hsu�d C%�d.h_reb9�U(o)ced cenve5'(a)co.. 1�^-0nsFd P�sulTi'S1 rLntF . , � � .t wT' [ � ! a� oute..l� {Scennbur ' � " � p} i�ja�''ayFt o-� WkcO!BddrrnOil_-. .R. � . . . _ _ _ .... _ . .. .. . -�,��"u.'�tN'�.k�{S� nr .. w.flth�SWtcoL.. CalOrada .. .. .. ...,. .�.._.... •r . w � '� a�u Myb r 5'3 � C0�1Y90P......N/C�a �� ....t�'nYx` . ...ced 3+ait of Co:mc � i r`��'�r i..1��.o-� � [o0�od.n(S��9 ia thz CowtY oS._ ..We.d .. . .. ...... ... � � r � � - j�� tl�,s ,.t', p [Ow14: 4 r . }� `""+�'" li Tha North HaL` (Nz) of Section Twenty-three {23D. Townahlp One (�) �� r t`m�""�^4YK-'S��: y �.,�1�� }��i ,a North, Range S�xty-thrcc (63) Yleot of the hth P. M. e rr `"`�"� ��`*� � � � of Sectio� Twcnty-.wo �� 4 ..j,�'�V�,�j'"'.r,.�k . � The Noz:h 16-y Ceet of the $outneaet Quartee (SEn) �, . � � v��,�uf}�� ' � (22), Townehip One {l) North� Range Sissty-�hree (63) Weat oi [he bth P. M.� �r� � S. �c,s� ,��i�.ths;� ' 4r� to({ether with two welleloceted on eaiu Ibi foo¢ �trip and the pump, motor � 4L r „; x� f; ,�„j a�d all othe: equipment uacd in connectioa ui=h thc ��e�etion o( oaid wclL e ,,, � � I�1 �,�� x t,d� � r C 1 ,�y ., ., i y� Togethe� with all water and water :Lghto, ditch and di[ch righta and two 7 1 �* 6 r um a and i�otore appurtenant thereto. � . y - irrigation crells, p p � x"n"� �i fi3 .,i'i'�(*'.�k� �„�,. . , � �� .�M�,��` �.�, Together with a pro rata intereet �n the Hmrylyn Irxigation Dietrict aa r� �'''� �v =� the watera decreed thereto by r<ason nf iaduaion of a portion of aaid ra�'��=�,x�l� ,,,; . r s t�.� . �'k'�> �f"�' premieee within he boundarien of The Henr lyn Irri ation Dietritt, i bf4 '�'�� : ` ,y� � A L .�".6Ku'�� ryT � �� wl'. {^�r' ., f F ��. g}* �],'+P�^�'�y • ' �; oy x xar• � +'�^tz rI-F a x f� " �T�'��f�`� mo'4 �ty�;. s .�y.,TMy,'"y,yP F, a ent IZCo. iYat!ona . .......... � '� mim oli im aFFa��°��mvd nrsreine(a)the titk to L�¢w�e.c+6iM W� . � ��r'��w� ��,,�� eoervxYion to the Union Pecific Railroad Compnny in Warranty Ihed recosded in a. 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' � y RIdOId ?+LJ. �id �Y T�i£9E PRESEUT5� i'tae.c. C��tzt +T• 5�. h+Ati' E '� �-1 sYe5pt '�' �` BdUR:CJBS'tI18F� O� CNIf] COUSL'L�f OL FC3�.CI �[E(� $I:1tGf; OS CO.LOS'At�O� � � F � F+,�,�, .z �'� � por tho conoiGs:satj.on of Tee� �o1lo.rs and at'h�x va'-ue.blea ,�+:^;�.,��` � `_"; considara.3oas :ln hand paid, herFby se12a and qtiit cZa.ims to H na �� r�' Dave Bnvmgartner, of fihe County oF ;le?d and S�.cte aE Co7.oeado, , � ,; '� k r'',. ' � the fo,llcwir.y zeal estace �nd psrop2zi_y sitvate in bhe County / " o 0 of tueld and Stace oP Coloxado, to-tait: . � The Norch half !Nk) oi Sechz.na 'ha2n�y-thre� (�3) , � �; Towr.ship One �1) North, Ran9e,Sixty-thrce t63) We3t . '�' �� of t:�e 6th ?. �9. � '- a,ry;,. .. � , . . �` T'h� Nort4i J.6; f�oL oi tha So�iYhea�C Ovnet•or (SE�s) of Section �a�nCy-tivo (7.2j � �'o;rn.a'r.i.p On� (1) ��oz'�h, R�nge � . Sixty-three (63) 'Aes* of �he 5th P. C�9• . �ogcther a�;tn . _ � tveo (2) i�rigation kelle locatad on �aSh cfk foot s?�rip . �"�`�� and the pU.�rpa, mctors and all o�her. eQnipm�nY. used ia , . connect:on w€th the operacio� o: said vr�lls, ', ` toyether with a12 other aiat�.er, tP3LG'S riqhts, d�.tches aa9 , ` ditch rights, wells, pwnpc, and sctcirs a�purtenant thereCo ��,�� '" includin9 z pro rata interest in the H�nryl�m IrriyaCipn i �; ° '' ;�" Dietrict and the waters decreed thereto by reason o£ the '� r'f� «r.��r :�� inc2csion of a por¢ion o£ s�fd pr�mises withfn Etie ,_ w ,,.,;. boundaries of the Nenrylyn Irrigation DisCrict, j+ ` � '_. �} �'. E �y��. �: ! together orith z12 itv appurtenances. r "t - Siyned anr',. dellvered this ��day ot ,7�oe?,"�umw ; i9�,�, yyr�, �., c . 3 ��'�'S.� C� � EAL) v �': �— %�.—x�...ir�r� �f 1'" , c3:7 OL t . } �� SThTF OF COlORADO J � ) SS. CGU:7TY QP V7ELIJ ) r � �� The for�going instrument was ackno�aledged before mm th,�,$,,,,,� £ � •' �y�a�� • _ dxy o£ !C�.3vc-�ap � 199 i , by Cre�¢ J. Saumgartr�y�a ��''�;F � , . o �� "A' , � WITTiESS hand and ofHr4aZ sea1. ,�� •� `r c � r ?;-_ "y `w6�:�-a�'" R �' �Lc�,,,� � !�7`J ��"�' � ,� : "r " `. • t4y commiss:on c;cpi.res: � d. t e�i' ,(�@� ;y , ,.� k., .f., � � ` i J i,�.... :� '' ' i i t � 1 .�(.� .... , , i �nwF•`' '1.2e��mG_��-.^' �,�`PN {-r I . �o ary P c F�,' � : § �r g �� S 4 'i rt' i, Y; Ytr ; 4 r � — B 1260 RE�Q10466 04L11/90 09s27 p35.00`.1/007 . AR2210466 — P 1tl25 b1A72�7N F80F.RSTeiZN C7.ERR 6 RECORAEA WE,�o, co � WARRANTY DEF.D � ��' THIS DE6n,n�wemn � a.yorApri l ,i9 90 . ,!, e�,�� Oave Baumyartner I State Da�,'�j'�`•Y� �IDate....5��/.:✓..��........... S.............1r..�R.::4e2.......... , . artAe • `�"H't'C� ��tain Ranch, a limited par�'�`eS��fl'Y'G°oof'�'�`tY�� and �xisting under the Laws of the State of Nevada and � reaistered and doing business in Colorado as Colorado � w,Whi�ce� untain Ranch, Ltd., and Eagle Peak Farms, Ltd.,"� R 7333 Mest 120th Avenue, Suite 211 — Denver, Calorado 80234 V�� or im c��r M Adams .su�or co4,mo. ,mo pnnu�ax;: � ' ?`Y wrrn�ssern,rnn�n��.�un.tir«w�n:oMw��a�n�=�m�r Five Hurtdred Sixty-Three Thousand ' Twa Hundred Dollars ($563,200.00)---------------------------------------eee�as. � �1r . �n.��e�w�o�.,�m.•r�rorwnKnnn�Rnr.r.��.i<ae<a.n.s en�ma,e:wo�� aw.�a<o��.Ww�y�k�p�um 25 �:. .. � burfnin.wll.�apvey,vW canXrm.unu�ils pnn4 Irl. �t5 $UCC2869619 a>iRa�(ortrn.JI ih<rc�l qi�penY.u��e�tier wi�A imqmemenu, � ii xny,xiuwu.lyin@ sM being in iM Cwm7 of W2I d .Snu o(Cobrdo. � �.�. . dnrriMJ w.folWws�, '�. �y See the attacned Exhibtt A. �A 3� • "a Colorado ltmited partnership, and whose interests in the property conveyed by il this Worranty DeeG are dlvideA as follows: � An undivided 67% interest in White hbuntain Ranch, a limited partnershtp organized.�. ,h ano existing u�der ihe laWt of the Stete of Nevada and regis*.ered and doing ,. ,� business in Colorado as Colorado Wh1te hbuntain Ranch, Ltd. ,� An undivided 33% interes: in Eagle Peak Farms, Ltd., a Colorado Limited PartnershS;p ul.ukmwnny.trcci uxlmm�hrrm: �� \ TOCECHF.d wil�nIi md anFulw the hemliiamem.�:mJ appunen.ae.iherctn M�ngm�.or ia wYwlr•appenuimaµ.aM ihe meniul aud ' � men�nn..rcmunJer und rcmoinde��,rtrrv.in.w uW Gn+fii�iGemd uml ull�he c.4k.npM.titlr,inmT.i.cluim inl 4mvM wpwwevar d 14e , � pmnioral.silh+t in luw urrywi).nL in und ro Ilu adwe�mguiMJ�ncmime.vi��ihe heminumenu wW appuntnanm. 7'ONAVE.WD7Y/HCLDtlicuiJprcmi•r.ahn�vbwVm^eJmNJe.cnheJxnhtheep�wnenurco unw�hrQran4sl*�.1L5 $uCC��S�5 � a+i�n.!umxr.Andlhel+:mmna�.4rc h�F.Q`cO�� I$ heir.antlpenn�alml�menm�iven.Ju es cm`cnanjLpnnt.Lq(yain.uW � �� uFrec�oo�wwnnmegmmea.�. S'CS 5 IFIa.�C ylllili��I1L'lIIMO(�IICCI1efiIlllfiMllL`IIVC�YI.I�M1NpM1'K!II�.I'e `S well . . u�i'irJnf�hepmmue.aMn<eum�y.d.hus paW.aurt.rrlon.uhnulmerpJiW�kxiAlee�lalvefin�eriwnce.inlaw. intn�imple.ao0 � �, hu5 W*�ny�t.fuilpwerunJumMmt��mpronl.lu.pWn.�ellwxlcrnKyJirwmcinnwno-:anJfmmu�oAm.�iJ.�Mtlw��heumeve4a I — undcl.:urho�nulilnrmcrmJaheryrametu��nim..alm.lkn..iwe..y*x..mem�.cm�umWorcs..wvin.!nnxm.ofxhmevor:inp�r.uweweaet , -- `""'" those 1lsted on the attached Exbibit A. I Thcynm�atl.i.�hrlplaCWCnx�JI5WARRAMANDFOREVlRUEFlN�iheuMrc.Wryirc6p2mi.w�mtGeyuieindyc:cobkpnwewbnofihe ,, � Er�nlev��•1. (t5 $uCCRi:ITe!HOT�Ia��igm.i�uin�IvlluMuverypeMn��rM:+on.lawlnlly�lu�minyihex�A��Is�rcanYpan�Mrcuf. INWRNl55WNERHOfiilivYrvn��rcnrlu5 �ucu�eJim.Jve2w�NeJmeMtloMalvr.e. '� �I . . ,.......� � � '�� I� ' �^0�� r.//�e.� 9�ar ner s"{'o�• I',I' ��!al�gk�C —� — II l v,: ----- 'i � '�'I � .� S7KfIvUI (I11lINA1N) � ,. . cWmy��r Weld , I TIK fimfi��n!inxlur¢ni wm r•kn�w:k�RcJ Faf�Ne ma�i. /.rl' Jry�f � ' � .19.a` . �, li br Dave Ba v� umgartner. .'� Mymmimani�m.ipim 'y�, .�J.•�f� Wiirr.nmyluMluiGWlrc�W.cal. � � � eny.� _ 'I 'If in[kmec In.en-(1i�rN". '"_—f I , � ..._ _ .... . . . ' " N293S.Nev.{-X5. N1RR�VTYIH:1'UJ'nlYwwn/�4Raw<� �}j�� MudlmJ hMnOm�.ON N�in A.Uemv.11l MO'JC . WIp:Y::4X1 . I:�� SKLD LG SKL10422 WE 2210466-1990 . 001 B 1260 REC 0�466 04/il/90 OSs27 a3� 2;007 F 1826 MAR: e1NN FEUERSY�EIN C1,E12K S RECORDER WELD CO� CO EXHIHIT A TO THE WARRANTX DE�D Phe following describ�d Property: PARCEL ONE ( 1 ) All of the Northwest Quarter o£ the Northwest Quarter (NWij4 NW1/4) of Section 32, Township 2 North, Renge 63 West o? th2 6th P.M. , We2d County, Colorado. PARC;EL THREE (3} All o.` the North Half (Nl/2) of Saction 23, Township 1 North, Range 63 West of the 6th P.M. , WPI,d County, Colorado. PARCEL FOVR ( 4) The North 16-1/2 feet of the Southeast Quarter (SE1/C ) of Section 22, Township 1 North, Ranae 63 Wes` of the 6th P.M. , Weld C�unty, Colo,-ad�. Together mith all and singular, the hezaditamenta and appurtenances thereto belonginc, or in anywise appertaining; i;�c2uding but not limited to, any and all fixtures, all �ther homes and buildings, mobile homes, barns, fences, any and all easements, rights-o£-way, or other rights of access used in conjunction with tha Prope.rty, any and all growing crops, trees, and shrubbery; �nd specffically i.ncluAing w�thout lir�itation th� following mobile homes: 1972 W�stchester Mobile Home, VIN W65C2DOY11327R, Title No. E502688 (also referred to as a 12 x 70 Westchester Mobile Home) ; 1969 T�wn and Country Mobile Home, VIN 601'111763, Purged Title No. O3E388180 (also referred Co as a 12 x 60 mobilQ homo); and Together with all water and :vater right�, ditches and ditcn rights, reservoirs and reservoir rigt�ts, springs and spring i•ights, wells anri c,�ell. rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the lana herein described, including but not limited to the following: The water zights represented by irrlgation well Permit No. 31526-FP ( former Permit No. 44?7-R), which right was also adju3icated a� Und3rground Water Well, State Engineer. ?ermit No. 4477, in the Aistrict Court for i�eld County, Colorado, Civil Action No. 167G4, No. 382 by the Findings arsd Cacree dated March 26, 1971, and by 5JK1,U LG SKL10922 WE 2210466-1990 . 002 S 1260 1tEC 0�466 04/11/90 09:27 �3� 3/Q07 F 1827 MARY A[r'N FEUERSTBIN CLERK 6 RBCORDER WELD CO� CO irrigation well Permit No. 31527-FP ( former Permit No. 4478-� ) , ahich right wa� also adjudicated as Un�9erground Water Well, State Engineer Permit No. 44'I8, in the District Court for Weld County, Colorado, Civil AcCion No. 15704, No. 382, by the FinAings and Decree dated March 26, 1971, and by small capscity wel.l Permit No. 76464; All ir.terest in the Henrylyn irrigation Diatrict water righCs withln &aid District associated with or appurtenant to the lanci described above. Including any and all easements and rlghts-of-way associated with the water and water rights, includinq, but hot limited to, 8asements and rights-of-way for the carriage of water to ths Prop�rt,y, discharge of water from the Property, ar,d storage of water off of the Property, and specf€ically f.ncluding without limitation: The Licei:se for an eight-inch (8" ) aluminum irzigatipn pipe ar.ross the county road existir+g between Sections 22 and 23, Township 1 Idor.th, Range 63 We�t of the 6th P.M. , Weld C�unty, Colorado, said pipe traversing tl�e county road from the Northeast Corner of the Southeast Quarter (SB1/4) of said Section 22 to the Suuthwest Corner ot the Northwest Quarter (NW1/4) of said Secti.on 23, as granted by The Board o£ County Commissipners, Weld County, Colcrado to Leonard Baumgartner, and as conveyed to Dsve and Creta J. Baumgartner by the Warrantg De�d iii Joint Tenancy recorden September 15, 1969 in Book 615, Reception No. 1536793, wherein the date of said License is stated to be March 14, 1969; includtng all headgates, f7.umes, diversion structures and measuring strur.turss, pumps, motox�s, meters and other property used in delivering water to tne Property and measuring water u�ed on the Property; Together with any and all personal property, fixtures and other items usad in conjunction with pr associated with the foregoing proFerty, and including without limitation, all well pumps, motors and irrigation equipment; Together with a11 minerals af whetever k:nd or character, 3ncluding but not li.mited to, aJ.J. oil and ges and constitvent� thereof, gravel., sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. Page 2 of 6 SKLD LG SKL10422 WE 2210466-1990 . 003 B 126C R6C 02�466 04/11/50 09:27 535� 4/007 F 1828 MARY ANN FEUERSTEIN CLERR & RECORDER EI.D CO� CO The property ie sub�eCt tp the following ].imitations and iestrictions: 1. Reservation of all oil, gas, ond m3nerals underlying subJect property, ay reserved by William Hoff and Katharina M. Hoff, in instrument recorded March 13, 1958 in Sook 1496, Page 529, Weld County Rpcords. (Parcel 1) 2. Right of Way easement granted to Mountain States Telephune and Telegraph Company by instrument recorded November lI, 1974 in Hook 726 under Raception Number 1648285, Weld County Records. (�arcel 1) 3. Mineral Deed from William Noff and Katharina M. Hof£ to George T. MCMakin recorded June 25, 1975 in Book 742, under Reception Number 1663699, Weld County Kecords, conveyir.g a'�1 i.nterest in an3 to all of the oil, ga&, and other mineral� in and under, and that �rtay be produced frcro said land. (Parcel 1 ) 4. Mineral Dee�] from George T. McMakin and Lequita F. MCMakin to L. P. Lowrey dsted Novea�ber 25, 1975, and recorded December 2, 1977 i.n Book 816, under Reaept3on Number 173753%, Weld County Records, conveying an undivided 1/2 .interest in and to a.Il of the �il, gas and other minerals in and under, and that may be produced from said land. (Parcel 1) 5. Minera2 DeEd from L. P. Lowrey to R. Rcnald Schnie.r, recorded Aecember 2, 1977 in Book 816, under Reception Number 1737538, We'd County Records, conveying an undivided 2/2 interest in and to all of the oil, c�as, and other minerals in and under, and that may be produced from said land. (Farcel 1) 6. Minerai Dead and Royalty Conveyance from Ben H. Hregg end Artie P. Gregg to Ben S. Gregq, Jr. and Jane G. Wallower recorded April 28, 1966 in Book 566, under Receptzon No. 1487904, Weld County Records, conveying an undivided 2/li �iiterest in and to aZl of the oil, gas, and other minerals in end under, and that may bs pzoduced from said land. (Parcels 3 and 4) 7. Mineral Deed from Ben H. Gregg and Artie P. Gregg ta Mark Vaughan Grarg, Kent Hradley Gregg and Gwendolyn Jane Greyg recorcied April 22, 1966 in Book 566, under Reception No. 1487805, Weld County Records, conveying an undivided 1/12 intezesC in and to all of the oil, qas, and other minera7.s in and under, and that may be produced frqm said land. (Parcels 3 and 4) 8. Mineral Deed from Union Pacific Land Fesource� Corporation to Champlin Petroleum Com�any seoorded March 24, 1972 1n Hook 664, under ReCeption Number 1586146, Weld County Records, Page 3 of 6 SKLD LG SKL10422 WE 22104E6-1990 . 004 . B 1260 REC 0221�6 04/11/90 09:27 S35. 0• 5/007 , F 1824 MAkY ANN UERSTEI� CLERK & RECORDER W�'GU CO� CO aonveying a.11 interest ln and to all of the oil, gas (gas, casinghPad gas, distillate, condensate, helium anr3 all other gaseous suhstances) & associated liquid hydrocarbonR in and under, and that may be produced £som ssid land. 9aid interest being rec�nveyed to tinion Pacizic Land Resources Corporation in Quit Claim Deed recorded ott June 5, 1977 in Book 799 under Reception No. 172O995 Weld County Records. (Parcel 3) 9. Mineral Deed from Union Pacifiu Land Resources Corppration to Champlin Petroleum Company recorded Jarivary 25, 1978 in Hook 821, under Recept3on Number 1742593, Weld County Records. (Parcel 3) 1O. Oil. and gas lease executad by Champlzn Petroleum Company, as lessor, and Amoco Production Company, as lessee, recorded January 25, 1978 in Hook 821, �inder Reception Number 1�42594, Weld Cotiiaty Records. (Parcel 3) il. Quit Claim of Rfght of Way and Surfar_e Lease granted tc Snydar Operating Partnership f�.P. by instru�ncint recurded August 5, 1987 in Book 1165, under Reception Numbex• 2109449, Weld County Records. !Parcel 3) Estoppel of Gruund Lessor on the above Quit Claim of Right af Way and Surface Lease as racordefl on pecember 28, 1989 in Book ?252 under Reception No. 22121�. 12. Right ot' Way for county roacis 3O feet wide on either si3a of section and township lines, as established by the Soard of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Fage 273, Weld County Records. 13. A Condition contained in the United States Patent recorded Dec��mber 12, 1925 in Book 677, at Page 155, Weld County Records, which stster ns follows: "Subject t� any vested snd acczued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches anC reservoirs used in connection with such water ric�hts, as may be recognized and acknowledged by the 2oca1 customs, laws an2 i7ecxsions oz Courts; and there is reserved from the lands hereby granted, a right of way thsreon fo.r ditches or canals constructed by the authority of the United States. " (Parcel 1) �4. A Condition contained in the United States Patent reco;^8ed Ju1y 3, 1902 in Book 201, at Paye 60, Weld �ounty Records, which states as £ollows: "Yet excluding and ex�epting from the tzansfer, by these presents, 'All �rineral Lands' ehouic? any such be found to Axist in the tracts described in the foregoing, but this exclusion and exceptton according to the terms of the statute, 'shell not be construed to include coal and .iron land' . " (PsrCel 3) Page 4 O£ 6 SKLD LG SKL10422 WE 2210466-1990 . 005 • B 1260 REC�10466 04/11/90 09:27 �00 b/007 � F 2830 MARY ANN FEUERSTETN CL•ERK fi RECORD R WELD C0� CO 15. Reservatrion as contained in instriiment from The Uniun Pacific Land Co�npany to Anne Rhys dated August 25, 1908. recorded September 19, 1908 in Rook 233 at Pege 164, We13 County Records, which ;ts as followa: "EXCEFTING AND RESERVING: FZRST: Al1 cosl and other minexsls within or underlying said lands. SECOND: The exclusive r.ight to prospect in and upon said land for coal and other minerals, therein or which may be supposed to be thereln, and to mine for and remove from said land all coal and other minerala which may be found therbon by anyo�e. THIRD: The riyht of 3ngress, egsess and regress upon sei.d land to prospect for, miiie and ,r.emove any and all such coal ar othar minerals an5 the right to use so much of ssid land ras may be cor�venient or iiecessary for the right of way to and from such prospect places, mines, and for the convenient and proper operation of such prospecC places, mines and for roads and approacY.es thezeto, or £or removal therefrom of coal, miner�l, machinery or other materials. FOUkTH: The right to Union Pacific Railread Company to maintain and operate its railroad in its present form of construction and to make any change in the form of construction or method of operation o# said Railroad. " (Parce'_ 3) 16. Deed fcr a 70 faot road on the West. side of the Northwest Quarter as granted to Frank E. Mulvihill by instrument recorded June 6, 1922 in eook 622, at Page 428, Wel9 County Records. Said stri� of land conveyed in Dsed to Weld County recorded or. June 27, 1922 in So�k 622 at PayP 443 of the Weld County Records. (Parcel 3) 17. A Conditioa contained in the United States Patent recorded �iarch 1'l, 1924 in Book 677, at Page 86, Weld County hecords, whiah states as folZows: "SubjecL to any vested and accr�ied water rights for mining, agricultural, manufacturing ur other purposes, and right to ditches and reservoirs uspd in connection with such water rights, as may be rocognizpd and �cknowledged by the local customs, laws and deciaions o£ Co�irts; and there is reserved from the lands hereby granted, a right of wsy thereon for ditcbes or cana2s constructe8 by the authority of the United States. " (Parcal 4) 18. Reservation of an undivided one-half of all oii, gas, and minerals underZying sub�ect pxoyerty, as res�rved by The Federal Land Bank of Wichita, in instrument recorded May l4, 1941 in Book 1078, at page 580 O£ the WeZd County Racords. (Pazcel 4) 19. Mineral Deod and Royolty Conveyance from Hen H. Graag and Artie P. Gregg to Mark P. Gregg, Ben H. Cregg, ,Ir. and Jane G. Wallower, dated December 22, 1950, and recorc7ed January 5, 1951 in IIook 1291 , at page 62 of the Weld Coimty Records, Page 5 of 6 SKLU L,G SKL10422 WF 2210� 66-1990 . 006 A 1260 RE�2210466 04/11/90 09: 27 �5.00 ?/OC7 , F 1831 MARY ANN F$UERSTEIN CLERR 5 RBCORDER WELD CO� CO 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 Prom saxd land. (Parcels 3 and 4) 20. Oii and gas leaRe dated December 16, 1981 executed by Dave Beumgartnar and Crgta Aaumgartner, as les�or, and Centennial Petrolevm, Tnc. , as lessee, recorded Jaauary 6, 1982 in Book 958, under Reception Number 1875fl90, Weld County Recards, for a primary term of Two (2) years, and as long thereafter as ail, gaS, othez' hydracarbons, ox' other minerals is produced itom said land hereunder, or drilling or reworking operations �re conducted thereon. (parcel �) 21. Cra1 iarm ]eases with William H. Bell antl Earl R. Baumgaztner pertufning to all oT a portion of tne property and only for tt:e year 1990. Graztor waives any clsim or right to any crops or zental payments ar any other claim associated with said iarm ieases. mhe fo2lowing gAneral notices of underground facilitie5 hav� been filed pursuant t� Sectian 5-1.5-103, C.R.s. : a) Mountain Ball Telephone Company, recorded October 1, 1931 in Book 949 as Reception No. 1870705. b) Associated Natural Gas, snc. , recorded Juiy 20, 2984 in Book 1037 as Reception No. 19�48io. c) Coiorado intarstate Gas Companp, recorded August 32, 1984 in Book 1041 as Rec.eption No. 1979784. d} Public Service Comgany of Colorado, recorded November. 9, 1982 Ln Book 952 aa Reception t�o. 1874084. e) Western Gas Suppl,• Company, recorde� April 2, 1985 in Book 1063 as Reception No. 2004300. Page 6 of 6 SKI,D L,G SKL10422 WE 2210966-1990 . 007 �Rgz1��pq -.-�--�-�- 8 1263 02232709 OS/03/90 16:T7 a15 00 1/930 .-.• P 0001 � Alttr FBU6RSS6IN CL6RIt F RSC4AA�SLD CO. Cq '�.I WARAAMY P�F.fI I ��,;I THIB DP.6D�wdr u�. 16th ewr a Mri 1 .ry 90 .. , a.�ww„Mhlte MouMaln Ranch, a limtteo partnersni0 a��gant: � and sxlsting unEer the laws o� tne State oi Nevada a�W Shto Docu,�enmryf� i � rog iste�e7 and dofng business �n Caiorado as Colo�a0o p�,,,�,��9�,... Whtte Mountain !tanch, LLO. w,� • I� r�iyn Adams ,�uwrc�..w..�.ne.i.r t.,.,,.��.�M�.�......,. I, I Uw:-�,.. II Enyla Deak Ferms, Ltd., a Color.ao linfted psrtnershlp " �, ;f r..tl. il �I , j wn�N�mav»a c!o One Park Cantro , , 1333 Mest 120th Avenue. Sulte 211 , Denver, Colorada 80231 jI ��r� ru.wyw Adass .wrwt��ws 'I erwon,�. wrnveeee�u,rnnu.�n.trawr��.+a.floo.aar,ea iour Mlllton Scventy-Four Thousand ' �u jI and Two FAmdred Twenty Ooliar� (i�.071,220.00)---------�--------.�__....,.�,�,�,i,,... ' ihortwlprJw(darrYWrAthnR�irlrwkqN bf Wrlaaead.WFltlewAewMsdnRf p�, 'I j., Danln�n.u.cunwy,.a.vnnm�.wn+rtnn.a.�. 1t5 Suet�l�eve.Yliei.da4Km�wwure».►1.�.eP1,, I�, �rrry.wur..lyuf.eaM¢w��naie Caryd Weld ,%Lenroda.ao. � � hccNbed aw fMMwe: i � ' See the attached Extilblt A. ��I li �I I � i', i � , ' I � ��..�..� �I � ��'RH�[Y'11�16n lql��Y0[Ipe 1�tM4Md1a a�d 0�1MOO2f 1bOlV 6Cb1p11�.4 YI iT�At i�.iLLIE�.id OL RMLs00 Y00 • I menFuu�rtmilMv Yod�r�WWna.kM m`n aN P�YrmM.ml ap tlK eNre.t�ps.uie.�,ctim id drtlund wLdoe�eld6e � � @tYNutlsA d1lR hi W nrri�X nL ie xd W�Yr aGr+e br�G�N pieift.,+W Y.e 6ea�vwna atl appoikraoon. Ji ;'. TOHAVEANh70NOLUmewtlP��.alraelvEr�cdeddmild�r.�Ai�pe,�� yb��q��p�wetbep�riava4 jt.5 �r5'� �I� wigmfantcAndl0epalublfor $ i�, m}�•it$ wC��l��4�M�lIF�$ aam+�.�s+st.brpia.r0 ' �i ![�bool�wWlUle ��r�ae tcma.A ftS ��a6 0r�rhu�edihcm�eHabisOdeti.v�'dl4acpnem, �g ', ljseiuJof�lepemisessew.��mary�d,Ai NoiLvwe.pninl.ahsalwea�Nie3eka�Aee�oacdi�)eim.ro.iebv. hfslsio0k,m0 �j � �5 p�d�qtM.nupwrra.dmWwaywpa+.bvpr�.,euaNw..er�'•,i,ro.umvyewn.»aue�;a.a.aaass,aam'a I'I I� andriwtmmaNF�mermdaJv�sxi�.Eorfaue..�Ie.tem.rnn.mn�m..�are.atlmuKtwmNwhtr�WNivMuesavu. �. uctM I� II � See Lne attached Exhibit A. ii l I, ij T`eF Ist�11a7ritIWAWNMi"Ah9FORtti"EROt}tT1D�4e�6wrl�6'�eOPe�xsioYsqiunmipecnpk�a(h i1 " �UCrP`$OPS '� ET�M.1. �t,5 _4dmmiavoa.apmv�ladeavYR+�wP9��^�f�Fme�hdev�FstMmf I) INWRNFS$W1ffREUF,�hp.wlslb5 uecveJiLisdm/mtic��nkcmabwc. �' i �itz Mountain f:ancn, a limiLed partnership iorganized and existing urder the laws of the �I i aiag i� � business in Colorado as Colorado 19�ite l; I Mounta-Sn R,ar�thr/LRd � � ey: �� `��. c,v—�o—V-�-.��j� I If �li zam aver, r. �I 1 General Partngr,�� i c�.�, New York , '��. Tk rue��nao��um was acea��e.t krar�m� 16'-^ aa�or i?�:.. : .ro Up 1� ii "r William M. Neaver, Jr., as ueneral Partner of Nhite lk,imtain R3nch, a limited * j� � My�,�y�o.�,p� w��r�a�ors��. �, �� -�_ � I , *partnersnip organized and existing uader the laws of tt:e 5 a f Nev;da and �.; registered ar:d doing Cusiness ia Colorado as Colorado Mhite Fbuntain Rancb, Ltd. �� I �; !; •If in Da�eer.imm�Ti�}aN"_ asµ A pi�p .'I !I Ilotery PubEC�S12!a of Nw�Ofk �_� �_'-_' _"_—_"_' _—�lo_2a_va�i.ima .-__-- _"" "_ `"_"___'_ ___"'_----'._-----____'_ " Na932.Rei.J�85. M�xRA�T'�r��rrrn+on•+�x.��i Cdnmisau��_._—_"�----1 SKI,D LG SKL104?_2 WE 2212709-1990 . 001 �� 3� � ro—�_�a B l263 R�C 0221�9 05/03/90 16:27 �iS� Z/030 �' 0002 !l71AY ll�t lLUERSS'aIM CLEA1t i 1t�C01tD�A C�► � B�IIBIT 11 TO TIIE M11RR71NTY D� Ttu4 groperty �hsll it�o111d� the lollo�ritlp t P�1RClL 11. : 1�as�o�1 is Lot 8 0! [t�oorQ�d B�wption No. 1477-3G-2- ttB564, s�oosdsd 11�tpust 10. i982 ia eook Q�•+Y. R�wpt:ion Dio. 1900026, b�i=r� a p�rt oi tt�r Mi/Z o! t!� M�/2 0# 8eation 80, TeriensRip 1 North, Re►� 63 iNst of tl�a 6th P.M. . Neld County, Coaoradc. Parcel Z: Th� li1/2 of S�ction 29, ToMnahi�+ 1 North, Ran�e 53 1t�st o! +the 6tA P.M., Neld Caunty, �7�loreda. Togethar xith ali aad sinQular, tRs hereditaments and. appurtenenas� triersto b�1w�Qis�Q, or in enyniae eppertaininy: inc�udiag but rwt li.vit� to, any and all fistures, all other riaaes nnd buildi�s, aobile ho�a�, barns, feno�, any and eii eaaamant�, rights-of-ray, or otAsr riQhts of accas� wea iri con�unc�ion with the Px�o�party, any an�] aii qs�axinQ cro�a, trees, ntld ahrubbery: aad Together with all water and irater riQt►ts, ditahes and ditch rtghte, s�exvoirs and r�asesvoir siyhts, sprinQs and sprinq rights. wells and Ms1Y rtqhts. both trlbvtasy and noa-tributery and deeiqnated a»d non-�esiqnated, cm, unaer, appurtenan,t to, or used dn the land herein described. includinq but xiot lisited to the following: Tt�e watar ri�ghts repx�ss�nted by i:ell Peza�it No. �64-F'P (forme:^ Perait Nc�. 464R), ite7.1 Per�1t Na, 467-FP (foreer Persit No. 467R), �ell Pe.rsit i�to. 853�-FP (former I�ernit ?�1�. 8533R), fie11 Perodt Nc-. 8534-FP (forn�r Pernit Iro.. 8534R), and Iiel.i Permit No. S�35-t'P (for�er Permit Ato. 8535R); and All interest t:s tne Henrylqn Irrigation Di,;triCt and water rights �it�in said District associated vith ar appurtenant to the land described abovE; The r�rater rights represanted by 9ie11 Permit No. 30635 and ilell Permit Nv. 135893-A (former Permit No. 13�693). Including any and all eas�rts a� rlghts-of-vay assxiated with the water �and vater righlts, including, but not linited to, ease..�ents and rights-of-way for the carriage of water to the Property, d�scharge of water fran the Prapertr, and storage of water aff of tAe Pro vrty; an8 inaluding all headgates, fZumes, diversion structures anc3 measuring structures, pumps, meters and SKLD LG SKL10422 WE 2212709-1990 . 002 � 8 3263 R8� 0�709 OS/03/90 16:2?��0.00 �/430 T� OQ03 d�1RY �`BU�RSTEIN �CLE�R f� it NBLD +f:A. CO c+ther p�ope�t:y vsed in delivsria►� water to the ProP$stp and measurisg weter uaed cn th� Psop4rt�: Toyether a[ith any �d all personal prapsrty, fixturss and a#her iCems usad in con�ur�ativn witt� or assooiatod �.ith ths #or'Qc�inL propr�r�y, and �peai�icaily includinQ a11 wall pun��s and irriqation equipmsnts end Tosathar with all m�n�rals af Khat•ver kind or cl�aracter, inclndir�q bu� not limi.#aQ to, ail 031 end qas aad constituents �heraof, grav6l, serAd �d aoal, in, under and upon or that mi9ht be produc�d traa �he desaribed landst inciudin�, but not l:imited to: (a) Ail interest in tt�e Oii ar�tl Gias Leaee betwasn 3ohnnie 3aka1, Robert T. Jekel and Jaaieg R. Jnkel, as Leissors, and �nergy Minerals Cnrposntio:i, Lessee, for a priaary term oE thr�� f3y moathe dated Febzvery 5, 1981, and recosded Febr�:ery 1Q, 1981 in Be�ok 9Z7 a� Ree�ption iV4. 1849�65; a:vd the �xtensior► of said L�ase as clei�i by �►ff�davit of Lease Extension or Pro9uc�ion, filed �pursuant �o Section 36-�lZ-1�6, C.R.5. , Energy Minerals Cosporatfon, dated Juae 8, 198i, and s�acardea! Jun� i5, i981 ia Book 938 as Recept�on No. 186a496 tcowerf.ng tts�s W1/2 of W1/2, Section 30); (by All inter��t in the Surfac� Lea�e between Wi22larn H. Hell, Lessor, an8 Cry�tal 031 Caapany, Less�, for a grimar;� term of two (2) yeers. and tl�ereaft4r on a year to year basis, dsted M8y 16, 19$1, and r�rded Rugust 14, 1981 im Book 944 as Receptfon No. l866295 (parre3 of land in trie SW1/4 of Section 29� ; �c) All inCerest in the Surface Lease betwe�n William H. 8e11. Lassor, an�i Dam.son O .1 Corporation, Lassee, for a primary texm of two (2) years and thereaft�r on a year to year basis, dated l►pril 14, 1982 a� recarded Octob�r {. 1982 in Book 979, Reception Ho. Qll9a5324 (parc�l of land in the SW1/4 of Section 29 ); (d) A71 i:�.terest in the Surfac� Lease between Will�am H. Hei2. I,essor, and Da�son �il Company, Lessee, for a primary term of two (2) years and thex�eafter on z year to year basis, dated i4ay 6, 1982, and recorded October 4, 1982 in Haok 979, Reception No. OI9053't3 (parcel of land �n the SW1J4 of Section 23 ) ; (e) All intarest in 'S,he Surface Ownes's Agreesr�ent batw�en Wiliiam H. and Carol C. 8e11, Lessors, and Champlin �etrcleum Company. Lessee, for a period o� one (1 } year rr long�r�, dated September 30, l983 and r�corded Navembex 30, 1983 2 SKLD LG SKL10422 WE 2212709-1990 . 003 8 1263 � 0221ZT0� 4�/03/9� 1�7 A�50.00 �/03G P 0004 Y d1NT�l TBIiBR�T@IN CL,E�tiC R6�ORDER 1i1l�i+G CA. CA �n Book 1014, R�esptiaa No. 019�8340 (coveacir►g the NWl/�4 c 83ation 29lt ( t? Ar►y ar�d a13 a�tss^-acquirad x��hts, int�rost a� re�ver�ioas �o said sain�rals, includ�n,Q b�it nut li�ited C� mineral ri.yh�s to revert to �urlacs o�aez� #i#tsan ��9) year� Pr< Auqus� 20. 1982, as rewe�ved by James R. Jakal and 1Caras� R. 3'aka ir� the Aaed tcs Ffillism Ii. B�J.3 and Cesol C. Hae�l, s�cord3d Augut 20, 1982 in �ook 975, �taceptioiss No. i901408, tan� n�inara� ri�h� ta sevart tio �ur�a� orner t�an�► t 20) yeart fro►A !�larah 28. 197+ pursu�n� �o a Warraa�y Dted larao Dar�t' [�. J►bbo�t to [�R� 3chlaqel erd a►ib�rta J. &ohlag�l, s�o�cd�d �►pril 3, 1974 in Baa 711, It�o4ption No. 163�293. The proparty ia sub�eot t� �he �o?loa►in� ras�rict+ons a; limitat3ana: 1 . RfQhts of weyw �or County ltoad� thirLy ;30> fe�t wide c each side o� Section and Torrsist�ip 1l.nss, as establiahE k+y Order of ths Bonrd of County Co�niseioners for ive] COtinty� L'BCCL^ded �C�tObBT 14• 1889r 3� BOok 86 a# P�S 273. Caffectg Pesrcelg 1 aad 2) 2. Essements on behalf of Abuntain 8e11 Telephone Caapan� raaordect Oc�ober 1, 1981 ia &aoY 949 as lt�ce�tion Nc 287Q705: Colorado Interstate Gas Company, recortlE Au9ust 31, 1984 in Boolc 1041 es tteception Nn. 197978+. Associa�ee! Netural Qes. Inc. , zeCusc�ec! Aprfl 10, 191 in 8ouk 1x29 as RRceptian Nr,. 217'5917; Public Servic Compsr.y of Ctalorado, recorded Nc�venber 9, 1981 in Bcx 952 as Receppti�on No� 189d084; Western Sloge G� Company, reaorded March 9, 1983 in Book 9<30 � [teC�eptiOri NO. ig19957; and iiastern Gas Supply COmpan, recorded Apr31 2, 1985 in bo.�k 106� as Reception Nc 2004300. (8f feCts P�rt:els 1 ar.3 2) 3. i�;�servation uf righ*. of Fray for any ditches ar cana.l constructe� by sotTeority af Uni_red Statess. �r, ti. : Patent reco::dec lipri.l 2Cx , 1926 in Sook 460 at Page �9: (affeats Parcel 1) 4. The Distributing Dit�ch, and any and all rights of w� therefar, as evidenced by Map and Statem�r..nt f3iE Angust 24, 1913 as Filing No. 169692, insofar as tt S8m@ ID3y' ��'r`E".Ct Sll�i]eC't gI'O�rt]►. (11��ECt5 P1rC4� 1 ) 5. Ease�aent ana right af `ray ta cx.,struct, aperate si ' �aintain an electric transnissiori 31ae, with all po2e: cross arms, cables, wires, guys, supports, fiatures ai davices, r.�ed or us2ful in ti�e og•.,ration of said� linE � :,K!�U L�G SKL10422 WE 2212709-1990 . 009 B 1263 REC 0321270�05/03/9Q 16:27 �150,0� 5/030 P QOQ5 i�Y llNli rB�iERSTaI� CLERit i R�70RDt�l 1il�CD CO� CG as qrantM to Tlfa tJnit�d 8tet�s ot 7�rriaa by John Jakal �nQ LeY� l+(a� Jaksl, its th� �.n�ttum�nt r�cord�d 1►prii 21, 1951 in eaok 1301 at Pa� ii2, a!!•atiny t� lollcwinQ d�saril�d ps�opss�ty: T!� o�tar lins o! ths rout� o! �aid li� o# pC�lp and wir�s to ba �s'6Ctsd acroos said laads sha11 b� as toilors: epim►inp at a point o� t1�s Nwt !ias of taid NMl/4, S+atiori 85, b�inQ 1374 l�st Soutb o! tt� Northwsst oosa�r a! �aid e�ation 25t lif�n� 889•57 9 B a distanoa oi Z545 !N!, aou^� or iqs, #:o a poiett on th� Ea�t lins of ssid Hi11/4, bainp i388.6 tNt South of the z�iorth quartss-cornsr o! taid S�ction Z5. epinn:.� arJaia et a poiat on ths fNst lir,e o! safd Mi/Z Nili/4, Ssotioa 30, b�i� 1�05.5 l�st South a! tAe North�st wzs�r o! eaid S�ction 30; tt�nve S89•S7'E a di�tana� of 1303.7 feet, dore or lese, to s point an the Sast lias of said 1i1/Z Iill�1/4, b►ing 1363.3 �aet South of the Iwrth 13ne of ssid S�cstioa► 30, Mhe� the Northweust oorner ot' �aid Seotion 30 bears N45•OC3'li 18�8 ts�t. Ssid eaaea�ent bsinQ 39.5 faet of aither �ide of tks above oertarlins. CJ►ffacts Par'Cal 1j f. Al1 Mineral Etiy�hts not pr�viously reservad to revert to Surface Owa�r 15 ye�rs fro�a 1►uQust 20, 1982, as resesved by Jsnss R. 3ake1 snd Rara�n +L. Jak�l in the Deed t� Ni:ltam H. 8e11 aM f:arol C. Hell, rec�rded Ae�qust Z0. 198L in 800k 995 as Raception No. 1901408, aad any in�terests therein or rights thereunder. CI►ffecta Parcel 11 7. ReseYva�i0ne� bp ttwa lJtliOn PaCifiC Land Compeny of (1) all oil, coal and cather sir�erals underlyinq sub)ect pmperty, i2� tDe esclusive riqht to prospect for, mine and remcve oil, ooal a.nd Gt!►er mineralS_ and (3) the right of inyress and egress ard reqress to prospect for, miae and xemovt3 oil, conl an3 other minerais, all ag apntained ist Deed x�ecox'ded Se�tember 18, 19U8 in BooR 233 at Paqe 163. (sffects �ParCel 2) 8. All rights o� vag for aIl rese.-�o3rs, canals, waterways and ditches that are no�+ vpon said �remises ar any part ttiereof, toge.laer �rith tae right to ape.rate, maintain �n� repair th�e sa�ae: also the right to cx�nstn�ct, operate anc'. maini:ain over, upon or across said land 4 SKLD LG SKL10422 WE 2212709-1990 . 005 & 12•EtEC 0�212T09 Q5/03/90 16: �1S0.4G 6/030 P OOti�MARY ANNi FEU6RSTBYN CLERIt i 1i#t1.P G0, CQ auah aanais, ditatus, latasals snd watssways ef suoh dimornsions and aapeaities as e�ay b� snquired for tha propar irriga�Cioe ai othsr lands, �v oMmed by tts� lix�t Da:'tY. topeth�r with ths right of lnpre=t and aqrsss alcuiq. aPor', c+vsr, and �o and lras said cantrls, ditches, Saterals end aster�rsys, as r�wrvsd by Chicaq� Titls and Tru�t Compan�r by instruosnta racorded 7►psil 26, 1928, in 800k 847 at Pa� 203 (J►f��ats SNl/4 SNII/4 Ssotion 2S?c r�ord�d J►prii 36, 1928, in Hcole 847, at Ps(}a Z04 (A!laats NMtI/! $idl/4 l3�ation 39)i astd reCordad 7►uqu�� 17, 1932. in Hook 936, at Paqa i24 (af#acta NW1/4 and B1/2 SMi/4 Seation 29). (�►ffecte Farcel 21 9. Sasem�nt and riqht of way to consCruct, operat� and mainLain an �i�ciric tresu�aiosion line, a',th a11 pale�, cro�a axms. oab��, rizss, guys. supports, Iixturas ar�d davlc�s, us�d or uwfu� in the oparation of said lino, n� qrantod �o The iinitad $tetes of 1larica by Viola D. SerQant. Se the inetrumont recordad ltasch 30, 1951 ia 9ook 1299 at Pepe 789, afteciinq the fol3owtng desaribad pzoperty: Tha South half of tha NortR�%st querter (Sl/2 NWl/4), Ssctioa� 29, mormship 1 NortA, Renpe 63 west of the 6th Prineipal Meridian. 7'he centerliae of the route of said line of polea end wires to be erec#ed acroas s�id lenda shsll be as folioas: Eeginninq at a point on the Mest line of said �2/2 NN1/8, Seatian 29, being 1434.5 feE,t Soath �f t.tfe Northwest rx�rner �f satd Section 29; theisoe South $4•55' 8est a distance of 2686.6 feet, more ar lesc, to a ooint on the 8est line of snfd S?,%2 i�Nl/4, beir�g 1439 feet Sovth nf *.2� xorth Quartes-corner of said Secxtion 29. Said EeseBent being 37 .5 feeC of` eitAer side �f the hereinabove descriDed oenterline. (AffeaLs F3rce2 2) 1Q. A DF,ed of ?rust from iiillian H. Bell �nd C,�rol C. Hell to the Publia Trust� o£ ifeld County, Colorado for the use of the Federa2 Lznd Bank o' fdichita, Wich3ta, Ransas, tu se-rure a pxromissorp �wte in thy amount of Five Huraired Pifty-Sia Thoasand Do?iars (S556,000.00), dated ]1ug�ast 17, 1982 aad iecorded i:ugust 20, 2982 in BooX 975, Recept3ors No. 1�Q1405. (Affects Parcels 1 and 2) 5 SK;,D LG SKL10422 WE 2272709-] 990 . 006 � a �2s ozzax�o� os�o��o �s:x� a�so.oa ��o�u P OQO�RY ��N T�QE�BT�I� CL� R$�RDSR 1�,.A C7r C0 �l . sacus�i�y �nt�r�ast w�d�r �s un�i.fara co�unsmial �c�dm a!l�atinQ �a sub��c� p�opo�� as indica�red 8y � Financing 8takemerst l�oin Milliaua [�, 8ell and C�arol �, 8a11, dsbCors, to �ha Fadsrai Land 8ank o� Michita, secur�d Far�yr, i��d 1►uqus� Z0, 198� as Fi.linp NO, t70176573 an�d recordrd 11u�ust 20. i�82 in 8c�ok 0975. Rsc�apt3,on No. 01901410. iR#��ats Pas�ls 1 a�c�d �) PIIRC�L B. : Para�i i: Thf 8W1/4 0! S�atioe 18, Township 1 North, Ratsy! 63 Nlsst O� �ls� 6�lf P.M. , Meld COtsti�]+, 4blOt'Odo. Para�l 1: Tha N$1J4 0� Saa�ton 24, T�»mship : North, Ran�a 64 Wa�t of t!� 6th P.M. , M�].d Co�snt�►, Co�,orado. Togatt►ar with ail and sinQular, the hareditams�ts and appurtenae�es th�reto balanQtnQ, or in any�is� appertaininq: includin!s but no� lta�,l� ta, ainy end ail fixturea, a11 o#her homaa an� buildinys, mobile hoo�r, Darne, fences, any� and all c�asementa, ri�hts-of-way, ar o�t�er riQhta of acycaas uaed in Gon f unation with the Property, eny an�! a12 Qrewir�g crope, trees, e.tid sl�rubbary: and Tagether vrith all w8ter and xater riQAta, d4tct�is �nd ditch right�, re8ervoir� and resexytoir �igAts, aprtn�s ar►d spi3ng righte, wella and well ri9hts. both tril+utery end non-tributary end des£gnated and riori-aes3gnatedl. an. under, aF��=-trznant to, or use8 on th� land rereia described, inclu�ing bnt no� lis�ited to the fol3.c�win�: All ia�erer�t in the tieasylyn Irriqat3on district and water r3ghts afthiia sai�i Distriat as�ociated wltn ox appurtenant to the lerad described �bove: and ?,11. interest in th� saa11 csapaCi 4y �+ells regresenred try Permit Nos. 82267 �rd 81^�68, aud any other well.s located on, or n.ppnrt�nant to, the land described aDovz. Ineluding any ann all easements and r�ghts-of-wray associat� with the water and wat�r rights, including, but not limited to, easements and rights-ok-F►ay for tt� carriage o� water to the Property, discEiarge of wate�r fr� the Propert�, and st�rage of water off of the Property; ar�d ic�ludiryg all headgates, fl��nes, diversion structures and measuring stzuctvres, pumps, meters and ather groperty nsed in del3vering w3ter to the Par,per�y snd seas�ring water used or. the Praperty; 5 SKLD LG SKL10422 WE 2212709-1990 . 007 8 I�63 R�C OZ31�'1� OS/03/90 ld:Z? �1S0� 8/630 F 0008 M71RX 11l1I�1 �D�16RBTLIN CL8R1C i RmCARDER COr CO TogsEhar xith ar�p a� all P� D�De�Y. #3sfi.vs+�s and oth�r i��ma ussd ir� ao�junatioz� With or aswoistad with ths �orpoi�fy F�'QD��'�X: �n� sp�ai�iaellg inaludin� all voil pumps and i.rripat3on aWiPs�ntt etd Tagsth�r with ail �insrais c! Khat�v�r kind or aharacter, inaluding but rat liait�d to, ali oii and Qae ar�d oonotitu�nts tharaof, �rawl, �ated aod oosl, in, ueW�r end upon or that �iqht b� grodnc�d lroa ths �saribod 1+aMs, no�r owewd or hersatt�r acquirod: ino2ud3�, but not liat� t,.�t A31 ri�ht, titis en+d iz►b�s�at i.a tAs Jil aa►d Qsa Leasa bsL�w�en ifillise� B. 8�11 and Cssrl C. Bell, Lassora, and 1�lormac Oil and Oat� Coepany. L�sw�, tor a primzy taz�a O� trw f�) Y��, �� x'�► 1, 1981 and r�c�rded Apri] 7, 1981 in 800k 93Z as Raaption No. 1854477; and the �ension o! neid 011 aad Gs�s Lsaao es cl�iaied Dy ttw Jlffidavit filed pur�umt to S�stfon 38-�2-106, C.R.&. , by Caucl 1►. lioup, dated eicve�ber 19, 1982 and recorAed t�r�r 29, 1982 in eook 982 as �ption No. 1909811i t�nd P1I1 rtght, title stnd int�r�st in ttfs 011 and Ges L�ase betvtaen Mi?.�iaa tt. 8e11 and Carol C. 8a13, i+stsoaes, and Gri�fin Petrolew C�enY, i�usae, gor a prisaxy t�n of �h.*.�ae (3) years, det�d J►ugust 31, 1981 and reoorded Septemb�r 21, 1961 in B ok 948 ee Re�ptlon No. 1669682. The property ie suDjeat to the follrn►ing restrictions and li„�.itations� 1. Rights of way fca�c County itoe6a thirty (30) feet w�de on each side of Se+ction er�Y Tamship li�es, ag established bp Order of the Boerd of CounLy Cooaissi�ers for Weld Countp, reCorded Ex'tober 14, Y889 in Hook $5 �t Page 27�. (Affecta I�axrrela 1 and 2) . 2. 21n undivided 1/2 a£ all oil, gus and oltt�er raf.�als, 8nd aineTsl i'�ghtS as x$s+erved by 'Ptae Federal Land Bank af Mictiita in 2he Oaed to Orville 8. 5hakle�, recarded August 28, Ag42 in Book 1098 at Paqe 97, and zny interssts therein or rights thereticoder. ;Affects Parce2 2) 3. Reservation cf right of way for any ditches or cartals constructed by suthority of [Jiaited Sta₹es, in U.S. Patent recorded March S, 1Si7 in Book 460 at Page 10, 7 SK1.D LG SKL10422 WE 2212709-1990 . 00£3 8 1263 R�.C 0Y2 �S 0S/03/90 i6:27 S1�00 �J03a P 0009 �WRY �U&RBTBIN CLLRR i ABGOAD MELD CO. CO (a!#�Cta ParCml i ) �d rscotded �pr11 1�, 191G in Aook 385, at Page 164. (A��sots Paroal 2a . 4. Rig2st o! way SO taat Wide as Qran#ad to Tho Chicaqv �ur2la�ton nrui Quinoy Rsiiroad Compr.ny by Eti�ht of way Deed r�corded Julx 9. i92� 1a Hook 779 at PaQe 242. NOTB: Sei.d rigkat o! way ia on the Sou'Eharly side o� ead ad�oinirfg �hhe cent.er 13ne of the best spur tract a• now su�yed ovar ancl acros� said land. (]lttects Paresi 1) 5. Bxistiny railtt�oad riQht of wey ee evids� by riQht o# way daed s�aord4d July 9, 1925 in eook 77�r nt Pape 242, � exsat iocation is rot disaioeed o£ raoord. tAfEects Parce� 1) 6. The Sheklae q3tahes e.ad 4 right of way tharafor, as evide:sc� by �aap filed Decen�ber 27, 1927 in eook 6 of Mnpg at Page 93. (1►ffecCo P+�rcel 1� ?. Right nf way 50 Eeet in width along the North line of sa3d quarter seation to the C.B. and i�. Railroad Gompany as �ame is now located, ze�served in Deefl from Firet Nationei Hank of Gtreeley, .^.oloradc�, Trustee to LeRoy Schlagel and !►lberta J. Schlagei, recorded Decamber �8, 1973, in Book 705 es Rece�tion No. 162742�. (�►fFeCts ParCel 1) 8. Oil and gas lease bet�een iiillia� H„ Bell and Carol C. Bell end Morra�a Oil. and Gas Co. . Denv�r, Colorado dated MarcA �. 1981, xreco��ed April 7, 1981 in eook 532 as ReCBpLian No. 18a4497, end any intereats therefn or rights thexeunder. (Affects Parr.e.'. 1 ) NOTE: Ext�nston of the abasve lease as claimed by Aff3devit of Frot�uctian, puseeeant to Sec*.ion 118-13-6, C.R.S. 19b3, now referied to as SecttQn 38-42-106, C_R.S. , by Carl A. Houy, record� B+ovemL�er 29, 19�2 in eook 982 as Reception Na. Z�09811. 9. Oil and Gas L�a'se bet�teen Liilliam 3t. Hell actd Carol C. 8e1i, Lessors„ and Griffin Petroieum Company, I.essee, for a pr�ary texm cf thra�e (3) years, dated August 31, 1981 and recorded Septea:ber 2t, i981 in Book 948 as Reception No. 1869682, and any interests therein or rfg'.its theretin3er, f Affscts ParceZ 1) $ � SKLU LG SKL10422 WE 2212709-1990 . 009 8 1263 RF.G 0221270 05/�D3190 16c27 p150.0a 30�030 F 007.0 MA3iX ANN F�RSTELN CI�ERR i A�ECORDBR �D COr CO 10. Dasd o! Trust lx�aa W121iam N. esii and Carol. C. eell to the Fubiic Trustsa ot' tha Couaty of weid �or the u�e o# tk�a Federal Lar.d Bank oi Wichita, to seaure Five Hundrs3 Ff�ty-Six Thouse�d Doliars (8556,000.00), datad Au�ust 17, I9�2 and recorded Auguet 2C. 1982 in Bo��k 975 as Recapt�on Na. 19014C4. (Jlftacte Farcels 1 and 2) �1 . Deed o� Trust �zom Wi111am H. 8e1: aad Carol C. 8e11 to the Public Truat� o! the Counly of Iteld #or ths use af tha Feiderel Land eentJc ot Wiohita, to secure �'wo Nundred Hlevan Thousan� Dollere (8211,000.0�), datsd March 26, 198� end recprdad !►prii 12, 1984 in 800k 1026 as Receptioa No. 1962842. (l►ffeata Paresls 1 and 2 ) 12. Ayretement for Pipe Line Aaro�s Riqht o� Way betweecz , Chiaego, �urlin�ton & Quincy Reilraad Company and Rtabert J. Bnach recorded an Pebruary 4, 1985 in Book 105? under Recaption I�io. 1949476. ( (11f�ec�t» Parcel i ) PARCSL C. : Parcel 1: Lot 2, and tAe 81/2 of t,he Swi/4, and the SE1/4 0¢ Section ?, al�o knowr► ae the SI/2 of Sect3on 7, Township 1 Narth, Rang,� 59 fiest of the 6th P.M. , Weld Caunty, Co�orada. Parael 2; The 51�2 of Section 3U, Tor►riship 1 Nc�rth, Raage 63 West of the 6th P.M. , Fleld County, Colorado. Parcel 3e A perpetual xi�Rt +�f way and easement over and ucross the �lest 16 feet of tt�e S61/4 Qf S�ct�on 28, the Ftest 16 feet of the NE1�4 of Section 18, rand the West 16 fept of tt�e E1/2 of Section 19, all in Township 1 idorth, Range �3 West of the 6th P.l�i. , fas the purpose of insta121ng, oper$t3ng and nainta3�ing th�reon a WaCer �ransmission p3peline. Together wftP� a11 and singutar, tY:$ h�re�.itasents and agpurtenances theretc bel.ong3ng, or in anyw3se appertaining; including, but not limited ia, any ane� all fiatures, fences, any and all easem�nts, righ�•s-of-way, or othEr rights of access used ir conjunction with the ProQe.rty, any and a21 grawir.g crops, trees, and shrubbery; and Together with all watQ� and water rights, ditches and ditch right�, reservoirs and reservois s;ghts, springs a,�d sprir•g rights. wel.is and �rell rights, both tribe.rtary and non-tributary ar•rl des3gn�ted and non-�e�ignate8, on, under, appurtenant to, or 9 SKLD LG SKL10422 WE 2212709-1990 . 010 8 3163 REC 0'212?� 05/Q3�'90 i6:27 p150ip ?1�030 P' 001I MARY AA1H !l�R87"EIH GLEFtI( i R�CORDCl�TLD 4'Or CO un��d on th� lands ►sesa�� ieaa��bad, �.nc7.u+ling bu� n�} limit�i °to cha� #o]�lOwingi th� wat�r righes r�psss�t�d by ile�� Psr�it No. 236- R, el�o rsfsrred !o ss FinaJ� P�ait No. 31519-FA, We].1 P��mit Nio. 23S-R, alsc rsl�a�d �o as Finai Pas�wi� No. 3iSi8-FF, l�ell F��m3t No. 237-R, also s�e#�ars� to as Fin�l P�rmiL No. 3:`��-1�P, tiaii Psm�i1: No. 13205, and Wa�.t P�rmit No. 6937?, and all ietar�at #e t2N H�nrylpn irri�At�o� Aistr�Qt and wa�sz riqhts within �aid D�.starict c.saoaiat�d xith or apgurtanaet �o tht land deaaribad abaw. xnclud�nQ atry and el� �a�ts aad ri�ht�-ot-way +�stociat.od w,ith �he weter end wat�r riphts, inaludirp� but efot limi#ad tc�, r�ea�ma.�t� eEnd right�-o�-Wap t'or th� carri+�ps of aatsr ta ttw Propar�y, disoh.erga o! wa� faro� the Propertiy. and atoca�e of water o!f a! �he Frcperty: and in4ludi� a11 het�d�atea, Piumea, divas�ior. ��:ruatures end f�easur3�g structus�es, punps, mete�s and o�har gsop+sr�y usad in �e23wrinQ weter to tts� Pmperty and measuring water used oa th�: Prope.r�y, and apscifically includ2n�. ��1) the pipeline �or irriqation aa�ta. . aa reserved in the deed racordad oaz Merch 19, i975, a� R�csption No. 1656259: (B) tha eae�mer�ts duaribad in the �ocmoents racard� at Boak �(328, liecaption No. 0l4G5008, Hooit 590, Reception N�. 1491695, nnd �adk 2057, Rl�sptSon P7�s. 014?7�i7b, tn th�a offlces af the i�ld Connty C�.etk and Recorder. a�d aaid e��esents ghe11 be �ub,��et �ta dxur�►er,ta recorded February 20, 1922 in 800k 672 �t Page 154, an� Merch 5, 1�7t! in 8uok 631 as Aece�sliCn No. 1�4340@, and any applicable am8ndments� and Together wtth any end all personal property, fixtures and ort�er. :tem& used in con,junction v3.tA or asseciat�d with rl�e faregoing propertp, end speatficallp �ncYucling �17. well pumps anfl iz�rigation eqte3psenL; and ToggLhez� witA ell minerals of wriat�ver ki:acY ar character, includin� but not li�ted to, all oil and gas and canstitu�nts thereof, gr�3vel, sand and aonl, in, �des and upon or that might be produt:ed fr� tRe descr.iD�d 2at�ds; iatclud3ng, bu# nnt limited to, all interc33t in ttae Oil and Gas lease bettireen Tailliam C. Busc.h 8nd S81Iy R. BusC1h. SS Lessors and i)onald I. Fo�ter, �s ��essee, far a primary te�a of �i�to years, dated October 25, 196U, arni xrecorded Oc�ober 3a, 196d in Ho�k 918 as Ite�eptian No. 1840202, and any interest t3�rein or rights the�eunder; and the extensian o£ the said le�se as cla��ed by Aff3davit of Procluct�on, fi�ed pursuant to Sectior. 38-42-106, C.R.S. , by Griffin Oil and Gas, InC. , anc3 zeaorded Ats�gast 15, 1983 in Srx�k 1004 as Reception No. I937115, a� the ra�ification of the Oil 10 SKLD LG SKL10922 WE 2212709-1990 . 011 � 32�3 REC Q2�12709 �03/!0 �6:27 �150.00 2/030 F Q012 MARY ANN 1►EOISRi ZEi CL�R� i r't�CO�DER O0. CO and Gaa Ltas9 ds�ad Nov�b�r Zl, 1980 aiod s�ps�d by Millia�n C, Husah a:1d Sei�p R. Bus� anc� RObezt J« 8usoh atid Rut>t �. BusCtt, and the 8�ctar�sia� o! Oil and Gas L�asv dat�d F�b�sy 8, 1982 and sigr�sd by Willtem C. 8uscsh sAd Sally R. Su�ah �snd EEobwrE J. 8ueah a�d Rubi L. Suscht oxa�p� �'or an ut��vfdced osis-ha�! tr�tsr�at ,L� all oil, �as and air�srals und�sriyinQ tha B1J� of 9eotton 30, Tormship i Narth, Ra�a 63 lhst oi th� 6tA P.M. as r�+tained ,f,a a dead rsoord�d ia 8oc►k 734, Rsosption N�. 1656289, in th� Br�aks en� R�aa�s of tM 9ield Coura�r Clsrk ec:d R�aor�•r. Ths Pro�erty i� subjac� to th� �oi�wrin� rsstriction� and limitatiar�s: l . R3gk��s of way for county roeds 30 fe�it wida �n �ach side of Seation and TormsAip lines, es astablist�d by �rder of th� Hoard of Covnty Coemiss�toasr� #ar weld County, resiorded oatober 14, 1889 in Fook 86 at Peqe 273ti (Aff�c�s ail of suhjeat P�P�Y1 2. �eservations by the ti�nion P1ci�ia Raiiraed Go�apany of ( i) ai� oil, coel axrd 4�r mtR�eacais underiyin� sub�ect proper�Cp. C 2) th� eacclusi*ve right to Fra.spect for, mine a�nd remove oi.l. coel aM ottrar aine.�cal$. anfl (3) th� r3ght Of ingress and egre.�s 8nd re�re88 t� pxOS�t for, mine and s�c�ve oil, coal and othQx m:.ivar��ts, ail as �dntained in Dee�l z�ecor^ded tao�emb�er 29, 1907 in B�sk 233 et Psg� 128. (1►ffects S1/2 af Sect3an 7) 3. Reservations af ( 1 ) rigt.t of proprietor of any q�e�netratimg vein or I.ad� to ea�.tsact tiis ore: �nc3 t 2) right a� sray for ae�y ditchse,s or canals constn�cted by authorf.ty tsf Flnited States, in U.S. Patent r�corded Apri1 S, 1�11 in Book 131 at Pag� 425. (1►ffects NEi/4 Section 30) 4. Reservatio�.a af right a�f raay for a� �itches or canals cor�truct�d hy attthority o= Unitec� �tates, in v_s. Patent recorded Nosseaber 25, 1916 in Book 385 at Page 142. (Affects SE2/� Secti�ott 30) 5. £asement �nc] right c�f �ay to construct, operate and ma3ntain an electric transTaission 13ne, tirith all poles, cross arms, cables, +��res, gu'Xs, supparts, fiatures and devices, as granted �o the United States of Americz by F►llen G. Abbatt, irs the in5trur�ent rec�orded March �5_ . 195� in Book 2297 at Page 5�9, affecting the folloaing dsscribed property: 11 E;KI�D LG SKL10422 WE 2212709-1990 . 012 8 1263 RCC 022�2704 05/C3/90 16z?3 a150 0 13/03G F 0013 MRRY �py►�gTEIN CI,$RK 6 ltBCpRA$i�LD CyD. CQ esginning at s poi�ft on ths We�se lins of baid NHI/4, 6actlo� 3�, bsing 1421 faec &outh oP the North quartsr�cornor oi sald Seation 30t triancs 88�•S7's a di�tanos o# 271T.3 faat, awrm or iss�, ta a polnt on th� Bast line of said iVBi/4, boinp 1434.5 lea7 Sauth oF �e Northeest cornes o� said Saction 30. Said saaeawnt be1nQ 37.5 tget of ei�ihsr sida oi the ha:,s� above deacribed cer►ter2 ine. ti. Ee3ameats on b�!►alf of Mlountsin 9a11 Tolephane Company, reoosded OcCober 1, 1981 in 800k 949 as Reception Dto. 1870?�5r Colorada� Intarotat� �3a� Cmwpar,y, recorded Auflust 31, 1984 in eook 1Q`1 as Rsasptinn No. i979784; As000iatad Natural (ias, inc. , xecordsd 1►pril i0, i981 in Book 1229 as Rraeption No. 2175917; Public Servic�e Compeny of Colorado, recorded l►ou�eber 9, 1.981 in Book 952 as Racaption No. 1874084; Westsrn 51ope Gae Company, racorded Mnrch 9, 198� in eook 990 As Rec�ptian NQ. 19�9757; and Western Gas Supply Company, reaorde8 April 2, 1985, in tlook 1063 as Reception Na. 200d'a'10. 7. Deed of Trust from White Mountain Ranch, n limited partnar�hip orqanized and existing under tha laa� of the StatQ oE I�isvada er►d re�iatered and doing buetaess in Colorado ea Colorado MThite Mountnin Rcinch, Ltd. , to the publia Tsugtea of Weld County, Caloraflo, for tt�e use and beneftt of Miltian C. BusGh and Saliy R. Busch, � date8 Novenber 29, 198�, �to secure a promissory note in the grincipal aaount of S600,Od0.�0, and recordec] Novwmber 30, 1984 in eook 1250, Reception Na. 2198938. 8, Reservation of right o� way for any ditcries or canais cor.atruCted by autYwrity of Ui�ited States, in IJ.S. pt�tent recorded June 19, 1918 in Hook 507 at page 37 (Affects N61{4 Sectian I8), and iz U.S. patent recorded NOvemDer 6; 1924 fn Book 668 at page 148 4�ffects SE1/4 Section 18). 9. Rig:st of way ta cunstruct an inigatfon d3tch granted to Harry F. Fioak by Macde Johnsaa, Administratrix of the E�tate o£ Peter E. Johnson, deCeased, and� Fred R. Wright, Mortgagee by Assignment, by Right oi Way need recorded Rpr31 7, 19A3 ir 9ook 1108 at Page '128. (Affects NE1/4 Section 18) 1� SKLD LG SKL10422 WE 2212709-1990 . 013 s iz�� c ozz��09 osias�ao ,sz2� si� oo if�a�o F QOI4 MARY A'�'EUSR�IN GL�R1C 8 RECORD LD CQ, C� 10. R�Rerva�:ion ot oil, coal and ather minerals and rig�ht� oF in�r6a� enci sqr9as as zeserved by Union Pacific Rail�oad CaaDsny in Desd to the fteste�rn Land Cwwpany, rsaorc�sd Ssptember 18, lyQB in eook 233 at Page i63. (A4'FeGts 81/2, Ssctlon 19) 31. The right to �::on8truc,C, opexate and ma3ntain water conveyanaa fsctlities as raserv�ed ;�y Chiaago Title and Truet Canpeny aa Trustae in she Dee3 reWrded Auyust 17, 1932 in 8oc►k 936 at PaQe 124. (Af�mcts Eil� of Saction 19) 12. Ft�rt�,aqa from Chiaapo, Hurlln�ton & Quincy R�iiroad Compeny to Ths Firat Nneion B�sHc of ths City of New York and Fraziar L. Ford, ?r�etee, recordsd FE.bruary �0. 1922 in Hook 672 at Pege 154, iend MortgaQe from Burl3nQton N�rthern, Inc. to Morga►. Guerar.ty Trust Compeny of Nea York end JaCoD M. Fos�, II, Trusteee, reccrded Mercn 5, l970 in boo� 621 aa� Receptlon No. 1543408. (Af�acts sl/2 of Sec°tion 18 ) PARCSL D�: Parcel 1: Al1 that part of S�ction 27, Toamship 1 North� Aange 63 Mest of the 6th P.M. , Weld C:ounty, Colorado, Zy�ir� North and Wast of Prosgect Laterzcl. �XCfiP`PiNf3 TH�RSF`R�M a pa�csl af land c�nveyed to Tt►e Henrylyn Zrrigatian Di�trict Dy deed xecorded June 9, 2923 in Book 711 at Page 148, being more particularly deBCribed as fo2lows: B43Ie7NYNG et the Northwest coraer of Section 27, running thence East along the harth Zinp of said Sectfon for s distenoe of 820 feet, thence South 106Q feet, thence West 620 feet, thenae North 1060 feet to the POINT OF BEGdNNING. AU+SO 6XC6PTING THPsRBFROM a parCel of land canveyed by Deeds recorded February 21, 1948 in Hook 1221 at Page t�65, and recorded Harch 18. 1953 in Hook 1352 at Pa�e a4y. Parael 2: Tne SW1/4 of Sectton 22, TownshiF 1 North, Ranga 63 T�)est of the 6t,h p.M. , weld County, Colera3o EXCEPTING TAEEtHFROM a parcel of Iand resexved in Deed recorded January 9, 1946 in Book 1169 at Page 65, bei��g more particularly dEsaribed as fallows: A stzip of land 100 �eet wide, BHGI.�INING at the Northwest end of the Olds Reservoir embankment on the SW1/4 of the 4ection 22, and extending along ths outer line of the right of way for the reservoi.r to the Southeast end of sa.id embar)�ent, 13 SKLD LG SKL10422 WE 2212709-1990 . 014 ' 8 1263 REC Q22�04 0SI03/90 16s27 pl 0 15/030 F 0015 [MARY ANDI PSUS�STE�:� CL8R1I i RSCO f18LD CO� CO thanco slong ths Baat sids og said raservoir site to the South line of tt�e SWI/4 �f eaid Section 22. Togethsr with all and singular, the hersditaments and appurtenencea therato bt:loagisiQ, or in anyaiee appertaining; including, but not li�aited to, any and a.11 fi.stures, all other homea and buiidings, �nobile homAs, berns, fences, ang and all eaaements, ri�hte-oF-wey, or other righte of eocsss ussd in conjunotion with the Fcoperty, auay and all growing crops, trees, and shrubbary; and . Together with all water end water righ�s, ditches and d3tch rights, raservoire and reoervoir rights, eprings and spring r.ights, walls and well right�s, both tri.butary nnd non-tributary and designated and �n-desigaated, on, �sder, appurtenant to, or usad on the 1s►nds heruin desaribed, i:►cluditsg but aot limited to the follo�•�ing: mhe eaeter rights reprasentad by well Pezz¢3t No. 12123- FP ( fozmAs' Perni.t NO. I2123-R), Well Pesmit NO. 12124- FP ( former Pernit tlo. 12124-R), the Carder-Bright Well, tha A. P. Jackson lVall, and the William Vogt South 'Well an3 any and axl en�ements, rights af way and appurtenanceB thereto ag evidenced by instruments reaosded Fc�bruary 21, 19Q8 in Hoak 1221 at Page 465, and recorQed March 15, 1953 in Hook 1352 at Page 249 (Aff��ts Section 27)p end Al1 intereSt in the Henrylyn Irriqation District and water rights within said District associated with or appurtenan� to the lanc� riescribed above; Including any arul all ease�aents and rights-of-way associated with the wat�r and water riqhts, inclvding, but not limiteci to, easements an8 rights-of-way for the oarrfaye of water to the Property, discharge of water from the Pr�perty, and storage of water off of the Property: and incly�ding all headgates, t2umes, diversion structures and measuring structures, pumps, meters and other property used in delivering �rater ₹o the Property ar�d measuring water used on the Property; Together with any and si"s personal property, fixtures and other items used in �onjunction with ar associated w3th the foregoing property, and specifically including all well pumps and irrigation equigm�zt; and Together with all minerals of whatever kind or character owned by the grantor, including but not l�mited to, all oil and gas and constituents thereof, gravel, sand and coal, 3n, under and upon or that might be produced from the d�scribed lands; and 14 SKLD LG SKL10422 WE 2212709-1990 . 015 8 1263 dbC 02212�i os�a��o ��2� a�s�O� ��oro � a o i� e��r �r� ��sss�H cr�wc r� w�coau 'i'a�athar wilh ar�d avbj.ct to ali intarest in tho Contract dated June 4, 1y36 b�twesr► Z. F. Gsrd� and Vestas Card�r and w. H. �r1q11t ead �Chsf D. Bright, es s'e�.osdsd os► Jatnuar�► 20. 1940 ir Bock 105G et PagR 1l9. Ths Property is sub�eaE to r>h� �o1loWiaq �es�rictions and limitetia�: 1. Rights o! way �ar County Rosds thirtY C90) faot aida on eaoh sida of S�c�ion and TownshiP =in�s. aa ea�abliehed by �rd�r �! tAa Bosrd o! Cou�ty Comeissiorwrs for Weld County, racordsd Oatob�r i4, i889 in Hook 86 at Page 273. (1►��s Seatiora 27 and the SNi�4 0# Saa��on 22) 2. Ro�erve:ion o! siqht o# s�ay �or ony ditches or car�als aons�ruoLad by anthori� o# t�nit�d Statos. in V. �. Pat�nt racordad Septawikr 11, 1923 in Book 679 at P�ge 4?. (l1t�eCta SM1/4 Seetion 22� 3. [teiae�rvatio�ns b�► the Union Pacrfia Land Caapeny of ( 1) aii oi�, coal and oth�r oiaerals underlyi:ay suD��et P�P@�Y. C 2) the exciusiv�e riqht to pro�gact for, mf ne and remave oil, cosl and c�tl�er ainerals, and (9) the riQht of in�ress and �r�ss and re�ress to prospect for, mine and rea�ve ofl, e�oal and ott�er n�aerals, a11 �s conta�.t�! in Dett� re�cnrded (�ctober 5. 1904 in Book 22^ at Page 218. C�►E€ects Sect�on 27) 4. 6ase�nt end rigt,t nf way for Oids Reservair, �s ccntained in � rec�rne4 Febytutrl'y 25, 1929, in Book 861, et Pege 43�. in w�htcri tt�e speci�fic lflcatton is not defined. C�►ffeats 5111/� Section 22) 5. 6aseAent and rtqht of va� for construction, us� and maintenance o₹ an irrigation ditch, and ingresa and egress and regres3, fron ditch and puwpinr plant purposes granted tu Arthur P. JaCkson, Sr. by Vester Carder and Lucile Carder by instr��ment recorded FBbrvary 21, 1448 in 9ook 1�21 at Page 4�5 cund Alarch 15, 1953 in Hooh 1352 at P�ne 249, af said deeds, in which the specific location of tCie easement is not definet3_ (Affec�rs �ectson 27) 6. Easement and right of way for Prospe�t Lateral, as evic3�nCed by de.ed rec�or3ed L�y 10, 1921 ir Haok 650 at Page 12 in i+Aich the specific location is net ri�fined. 7, Easeanent and �ight of F-ag to construct, ogerate and maint�3n an electric transmi�sion line, as granted to 1� SKI�D LG SKL10422 WE 2212709-1990 . 016 8 :263 RtC 02212� 05r03190 1bs27 �15C.� 1�/030 F 0Q17 MARY ANN ER$TE�N GLSRIC i RECARD1��t CO. C0 ths Unilod St��s rai �4mesira by VsRtar Cardar and Lucils Carder. Kwnsak�uxy�. G+lorador in tbe i�trument racardad Meg l0, 1951 ia �ook 13Q2 at Paye A37, nflectln� tk�s follovrinp datarib�d �ropartY: The South hali of tha Northwert quart�r, �d that part Oi tha Northeaot Quaraar lyic►� NorCh and 9�wat oF Prospact [�alorai, S�ation 27, Township 7 North. Ranqe 63 Wast o! the 6th P.lt. The ceater lins o# t11a route of �aid line ai poiss and wir�s to be oract�d acsoss eai.d lersds ehall ba as follova: BapinnirW at m point pa the '+�est line ot said S1/2 NYii/3, Seatiun 27, belnq 1463 gcsat South �f the Northwst oornsr o# caid S�ction 27s t!►�nca South 89'5�' Sest e distance of 3965.5 laat, �ore or less, to a polnt on the cente: lina ot said Prospact Lataral, whemx clws N�rthusst oorner o! cold Saation 27 beAss North 69•38' Nest 4226 feet. Said naeesent beinp 37.5 #eat on aither Aide of tha canterline. f3. Ths propsrt� is elso su4�ect to t.ha £oilowinq � easamnnta, the preciae loc�itinn of ahi^h ie noL epeCified: (a) MountAin @sil Telephona Compaay, recor8efl October 2, 1981 in r�ook 9�9 �s Reception No. i870705: (b) Colorndo Interecr,te Gas Company, recozded ltugust 31, 1984 in 600k lOdi as tteception No. 1979784; (c) AssxiaLed Natural Gas. I�. , recoxded April 10. 1989 i.n Book 229,9 es Reception No. 2i75919; (d) PuDlic Service Coa�pany of Colorado, recorded , Npvember g, 1981 in Book 952 as Reception No. 1874064; (e) Western Slape Gas ComPanY, rer.orded March 9, 1983 in Haok 990 as Recpp�ion No. 19i5757; e,Ra (f) Western Gas Supply Compa�y, recorded Apri� 2, 1985 in Hook 1U63 as Reception No. 200430G. PARCEL 8^• The East Half of th� Northeast Quarter f�ll2 NE1/4) of Section 26, Township 2 North, Range 6� west of the 6th p,M. , Weld County, Culorado. Together with sll anZ singular, the hereditaments and appurtenances th�reto belong.ing, or ia anywise appertaining; including but not 13ait�d to, any and all fixtures, all other 16 SKLD LG SKL10422 WE 2212709-1990 . 017 H 1263 REC 0�2709 05/03/90 16t2; �150.00 18/a30 S 0018 MARY FEUERSTEIN CLERR & RBC�R W�LD 1:0, CO homea and buildings, mabil.e humes, basns, Eences, eny and all easements, =ighta-ot-way, or other rights of access use�1 in conjunation with the Fropesty, any and a.�l growing crops, trees, and shrubbery; and . Together wlth all water end water rlghts, dltches and ditch righta, reeervoire an� reservair rights, springs and sprinq rights, welis and weil rights, both tributary and no,n-trlbutery and deaignated and non-deaign3ted, on, under, appurte+nant t4, or used on the land herein described, including but not limited to the followi.ng: An �andividad one-third intereat in and to the water rights and irrigation wells dasignated by Well Peraiit No. 31537-FP ( former Permit No. 5854-R, also knoran as Permit �lo, 5854), and Well Permit Nca, 31538-FP (fasmer Permit No. 5856-R, alsn known as Permit Mo. 5656-RF), and all interes� in well Permit No. 5855-R �also known as Permft No. 5&55); and All interest in the Henrylyn Irriggtion District and water rights within said Dietrfct assoristed with or appurCenant to the land described ebave; including any an8 a11 easements and rights-of.••way assoc3a�ced with the water an6 water rights, including, Gut not limited to, easements and r3.�hts-of-�wsy� for che carriage of water to the Property, d.ischarge of water from the Property, and storage of water �ff c� the Property; and including all headgates, fliimes, diversion struci�ures and me�suring structures, pumps, meters and other property used in delivering water ta the Pr�perty and • measuring water used on the P.rop+�rtg, and sp�:cifically including, but not limited to, al1 right, title and interest in ai,d to the Agreement between Larry M�wery and Alfred Cuykendal.l, dated October 7, 1y86, and recorded o�a October 9, 1986, fn 1BooFe 1131, Receptian No. 02Q72717, af the Baoks and R2cards of the ;�eld County Clerk and Recorder; Together with any and a11 personal progserty, fixtures and �ther items used in con�unction w�th or associated with the foregoit�g progerty, and speaifically inc;t?ding a1Z well pur�ps and irrigation equipment; and Together with all minesals of whatever kind or chzracter, 3ncluding but n�t liriited to, all oii and gas and :.cinsti�tuen'-s thereof, gravel, sand anc� coa2, in, under andi upon or that �ight be produced from the descsibed 3ands, no� owned or hereafter acquirec3, excep� those listed �nder th� reservations and limitations below. 17 SKLD LG SKL10422 WE 2212709-1990 . 018 B 1263 �'.�2212T09 OS/03/90 16x27 50.00 19i0�0 P' OOZ9 MP1RY ANN �ISitE1tST83N CLE1tK i R Ii�4D CC� CO The propbrty is subjca� ka tha foiloFrt„�g reservation� and lim�tationss 1. Minsrnl Dssd tsam ISaEhsyn Dailwy as Peraonal Ra�r�ssata4ivs c+i tho B�tats �# �ansel H. Dailey to Ksthsya B. Dail�r rmcaurdad D�c,�nbe� 27. 1983 in Book 3016. undsr Ro�P�ioa Nwnb�r 1951�79, Mold CounCy Rsoords, in ond to ail af tJ� oil, pa�, a�d a;her minerals in and under, and thmt riay bn psoduoad lrae said land. - 2. Q�ad c! Convtganas �ron Mtaurica Dail�p to Daila�� Etoysitios, .c., an iilinris Corpara#ion datsd July 8, 1985, end rgcord�d Julp 19, 1985 in Book 3077, undor Raoeption Number 2017646, i1�id Count,y Re�or�a. 3. Minerel Daed fsoa� 7►rthur Bryan Hall io ]1rt5ur Bryan He�l, Jr. , en undtv3ded 1/2 interest, and Jana Ma�yaret Ha�l, an tutdivid�d 1/2 lntes�Qst, effactive Det:emtAr 3i, 1486, enQ racorded Jenuazy 26, 1987 in Book j143, under Receptiori Number 20860d1, ite.Ld ^ounty ttec:oz�ds. 4. Reservation ae conteined in instruuenr �rom Paui R. Cuykexi6a11 and Mna L. Cuykendall, as recorded January 28, 1976 tn Book 758 undez Ret.�eptio� No. 1679976, Weld County RecozBs, wRich is as fallovs: "Resarving, however, uato the gr�ntor all n# tt�e oil, gas, �nd other minsraYs lying in, upon, and uader 9aid pr�nises togeCher With She right of Angr�ss and eqres$ to prospect for an� pro8uction of the same." 5. Rfght of Mlay grant�d to Idestsexn 5Yope G3s Company, a Colorado carparatio�. by lnstrwoent recorded April 10, 1961 in 800k 933, usdsr iteception Number 1854831, Weld Couety Records. 6. Mineral Deed frao c�►r3silne t4C:Dannald Hall ta Arrchu� Bryell HCll� an eltuilvlded ij3 int@retst� F8si3s I�Pannal.d Hall, an undivided 1/3 interast aad elizsLe+� Hall Waiker an undivided 1/3 interest, recorded Oc:tober 14, 1976 in Bor�k 779, ua�der Reoeption No_ 1701243, Neld Coti:nty Rec:ords. 7. Mineral Deed fr� Masy L3ttle lycDanna�d to !lary Sue McDannald Carkson and Rabert Horris HCDaiu�ald, Jr. , recorded February 13, 1975 in Book 759 tutdar Reception Number 1661180, ileld Coun?.y Recands. 8. Right of Way for es�unty roads 30 feet wide on eitha;. side of section and tc�nship lines, as established by 18 SKLD LG SKL10422 WE 2212709-1990 . 019 & 1263 REC 02212� A5l03t90 1b;27 �15Q.Oa 20/O�Q P 002a MAAY J1NN ERSTBIN GLERA 4 RlSCOR*18�I�D CG� Cp the Boerd ot CAun�y Comruteeion��a tas 61w1d CauntX, r�aarded Qatobeac 14. 3�69 i�s Book 8b at Pa�e '�73� W�3d Count} Rsoards. g. Riqk�t oP wey #or di.tches or aanals constructed by th� sutlscrity of !he GnitAd States, as reserved in Unite� StatAs Patent recozded July 13, 1904 i� Sc�ok 132 at Pa�s 89. 1Q. Dac+d a! Trus� trom Mhits Mountnin Ran:h, a limited partnarship orgenized and esistir�y undar the law� of tha Stete o� Nevada �end x�y3Rtess�l aad doing busineas in Colorcdo as Ccaloredo T�ihite Mouatain ltanch. Ltd. . and Ee�le Faeac Fa�ms, L�d. , a Colnrado limited partnership, !or �he benetit o! Larry Mcasxy, dnted April 5, 1990, to aeaura a promisso�r nots it► the Dri:►cipeY amount of $70,000.00. 1� . The property is also subjaCt to tt�e followinq genaral notiCes Ot wZd�r�s'oun8 taCil3ties thnt have been filed purauant to Section 9-1.`..-1d3, C.R.S. : a) Mountein Be1Z Telephone CompenY. re�o�e� �'�ober 1, 1981 in 800k 949 ae Reception No. 187a705. b) Aasocfated Naxural Gas, Inc. , rec°•rdec3 July 20, 1984 in Hook 1037 as Reception t�. 1974810. c} Colorado interstate Gas Company, recorded A�qust �1, 1984 in BQOk 1�41 ns Recepticn No. 1979784. d, Pub1Sa Sexwice �ompany af Colorado, recorded November 9, �96i in Pook 952 as Rece�Yian No. 287QOB4. P} Otestern Gas Supply Canpar►y, z•ecx�rded April 2, I985 in Book 1063 as RecepYion No. aC�04300. PARCEL F. : An undiv3.ded 6�$ interest i�e the folloFin.�: Parcel 1: A11 of the Northsrest Quarter o£ the Horthwest 63aWest of t2�e 6th�P�M,f 1deldiCoi:siLy,TCol�rada? North, Range parcel 2: The South tialf af t'.ve Norithraest Quarter (Sl/2 NW1/4) of Section 32, TownshiF 2 North, F+3nge 63 West of th� 6th P.M. , Weld Countg, Co3.orado. parcel 3: All of +:t►e Ncsrth Fialf (Nl/2) of Section 23, Township I North, Range 63 West of the 6th P.M. , weld County, CQlorado. 19 SKLD LG SKL10422 WE 2212709-1990 . 020 8 ?263 RL►C 072227 R�/03/9� 16:27 O1S0.04 2�/03Q F 0021 DL�RY ANbI F�R&TEIN CLERX i RECORD$[� � ro+ � Parasl 4: The Nar�€b 36-1/'� fam� o! the� SouChsasL �uart�ar (881/4l c� Section 22. '�own�hip i No�fit�. Ra�s90 63 We�t �€ ths 6th A.M. , frsid County►, C��o�ado. Fara�l 6s A part o� � No��lNnst Quattar af tM Southvnasrt Ousrtor CN81/0 Siil/4?. S�estia� 32, T�rnship 2 North. Rsny� 63 West ot ths 6th P.M. , scrs partiauiarlp ds�aribad a$ iollowos ' S�piru�in� st ths c�ftsr of said S�cstioa 32; thoeaQ Ufa�s� along ths Nosth lin� o� ths Southr�st Quartsr o! S�ation �2, 948�.0 fss�: Ch�anaE B�ueh 56•17'20• Sast. 267.0 #set; �r�� so�� a•Za�io• sa.�. �s�.a �dot �o tha Sart line o°! �h� 5outhaeat Qua�ter l SWl/4) of Saation 32s �l�nae Nc�s�h E39'56'80" 6sat along sai� 8ast �3n� o! South�oe# Quer^�sr (SM1/4) o! Saction 32, 365.a #emt t� th� point of be�inniaq, aon�aininQ 4.66 tlCYas, p107f'! o�` lQie. To{��ther wi�h a11 snd sinyular, the Aered.'.tem�nts and ap�ur�enencee theseto belonpin�� ar fn an�+ifa appertaining; fncluding but not limita� to, say and sli f.ixtur�s, all other homea and sonildings, aabile homes. berns. fe�ces. eny atsd all ea�ea�ents, ri�hts-of-way, or other riqAts of ecx:9�s used in cor�junc�ion with the Propezty, ar►y end all 9ra++ing craps� trees, enti ghsybbe7,"yt atrd epec�f3ce1�y inCiudir�q viCtwut limitation the fo21o�3ng mobils hoaes: 1472 W�eetchRster MoDile Home, ViN M65C2D05"1232?R, Title No. S502698 (a�eo tief��re8 ta as a Z2 x 70 N�estchester �fabil� Hoa�}: 1969 Toarn a�ci� Cowntry Mobile Nome, VZN 6012ii763, Purged Title No. 036386186 C�1so referredl ta as a 12 x 60 mobile t►omel: and TagetAer with all water anrl s+ates rigY�ts, ditches �nd ditch rights, reservoirs and res�r.rvoir ria�hts, springs and spring r3ghts. we11s and well rights, both tx�ibutary and non-tributary and d�esigneted and non-designated, on, under, agP�=tenant to, or used on the land herein described, iacluding but not li�ited to tha falloxing; • The we'ter z'i9hts repT'ese�lt'ecl ksY irrigatian vell Permit No. 31526-FP (ft�zzner Pp--rmit No- 4477-R? - �� right was also adjndicated as 1lnd�rovod f�at�s Flell, State • �ngineer Permit No. 4477, 3n �tt�e Distsict Court for W�ld Caunty. �o3arado, CiviZ Action No. 367i3�°, No. 382 20 SKLD LG SKL10422 WE 2212709-1990 . 021 g 1263 REG 02x137Q9 Qi(03/90 '16e27 s�50.00 22/030 P 0022 MARY ANN �8�ER�IN CL�NIc i 1t�CORD�R FTl�LD �. CO ba► tha 8`irtdinqs and D�sre� da�o� Marah �d. 1971, and by irrigatton r�il Fareit No. 3t527-FA tlo�wr �nuit No. �478-R ? , wh�ch r1�ht was also ad�udiaatdd a: ►Iedsr�round tiata� YNiI, Stata Snpin�sr Psc�it No. 4�78, in ths ��riat Court �o-� fl�ld Cowtt�►. Celoradc. Civil �a�ion No. 16704, Na. 382, b�r ths Find�nqe and i�ares datsd March 36. 1971, and bY a�all capaai�el► s+�11 t+ssmit No. 7�46ds 111i int�re�t in �he Senrylyn Irs�qation Di�trict and �ea�r ri�hts svitl�S.n said Di�triat aswalatad Wi� or oppurtenant to th� larid dQsoribed above. 2ncluQtr�Q any and e�� smeents end riyh�s-o�-�ray eas�oc�.ated With the weL�r and aatar riqhts� inaiudinp, but not limil•sd to, naaaments and riph�s-of-aey foz� tht carria�e of Nater to tt�e PropQrty, discharga of vratsr £raa th� Propsrt�►, and s�a4e o# water ofP of the PropertY, end sPeaifi�:ally includin� without limitalions Ths License fcr ea ei�ht-inch C8" ) aluo�in�• irriQation pipe ecro�s the caunty road exiatinq between Sectione 22 and 23, TownsAiF 1 North. Ren�ie 63 Mes� of �he 6th P.M. . Weid Caunty. CoYorado. eaid pipe travesjsing tha county road from tt►e No�tt�esst t5orn�ar of tt�e SoutAeast 4uaster (38�/4) of aotd Section 22 to tl�e Southwest Carnes of �Che Nort2►rest 4uarter (Aliii/4� of srsid Section 23, as qranted by The Soar�3 O£ Coonty �os�missioners, We18 Cotutty, Coiora8c, Lo Lscnartl Bnejug�rtnear, and as convayed to Dave ax�d C�tecn �?, taaumge�rtnei by the Warr�a►ty Deed in �1oi.�t �'enaney rseorded September 15, 1469 in Book 615, Eter:epCion No. 1536793, w1,�ercin the data of said License 3s x�ated to be Mar�h 19, 1969; inaludtng a11 headgatEs, flumes, diversian structurea and measuring stru.:tur�s, pwaps, motars. a�etes's and ather prnperty •�sed in delivering vater to t.�e Prn,�erty and measuring irater i�sed on ttne Pzoperty: Together wi}..h an:Y and asll Personal property, fiutures and othei items used in conjnnction with or associated irith the foregoing property, and inclt�dir.g without 3imitation, all well pwags, :notors and irrigatior equipment; ioget�er wittz aIl minerals of whatever ;:3nd or character, including but nat iinitecl to, all oi� and gas and .�nszituent_ thereof, grav�l., saad and coal, 3n, under and uQon or that might be produced from the described lands, nexx�r oWned or hereaftei acquired. 21 SKLU L�G SKL10422 WG 2212709-1990 . 022 A 1?63 REt; d221Z� G5/�3/90 16:27 bT50� �3/030 F Q023 �lARX AN�1 88�8It8T8�H CLER7t i RECOItJER C0. CO Tlse property is subj�t tn �he �ollow�n�1 iia�itations a�scl r�etriations. t. RYb@!'V1ti0I1 of all oil, Qa�, s�d mir�esala undorlying aubject propsrty, as rasssv�ea bY [�i1118m Ho## and Katharina M. Ha££, fn instrument r�o�rded Merct� 13, i�58 in 800k 1498, Papa 524, Weld County Recorda. (Pares2a 1 and 2) 2. Ri�ht o! Way saseawnt prantad to Mountain Statea ';elephoae and Telayraph Com�nny by inats�unsnt racorded Nov�nber 11, 1�74 in Rook 926 un�leyc' ReCelption Nusber 1648285, Mald Count�► Recor�.�a. (Perael 1) 3. Miner8l Deed Erom Willian Hoff and KatAnrina M. Nof# to Georgs T. MaMnkin recordad Jwse 28, 1975 in� 800k 742, uader Recaption Number 1663699, Weld Co�nty Racorcie, convt�yinQ a11 interest 3n and to all of tha oil, �ae, and otBer oinerals in and under, end that mny be praduc�d Erom said laa�. (pe=ce1� 1 and 2) �. MinerflI. Deed fz'om CseOrye T. MaNlskirt end ias4�lta F. McMakin to L. P. Lowrey dnted November 25, 1975, and recorded December Z, 1977 in Book 816, under Reception N�uaber 2799537, Weld County Racards, cxr�v4Yin� an undivided 1/2 interest ia and to all of the oil, gas and other minerals fn and under, and tha2 may be produced Ez�om setd la�d. (Paroels 1 and 2) 6. Min�ral Deed fznm L� P. Lowrey to R. Ronald Schnfer recordec� F�er�aaber 2, 1979 in Book 816, under iteception Number 173'J538, Weld County R3t:oycc�s, conveYin9 an undivided 1/2 interest in and tm ell of the 3i1, gas, and other �inex'als 1n and under, and that may be produced froim said lan6. (Par�els 1 and 2) 6. Miner8l Deed and Royalty ConvgYance from Bsn H. Hrpgg and Artie P. Gregg to Ben H. Greyg, Jr. and Jane G. Wallawer recorded April 28, 1966 in Book 5b6, under Reception No. 1487904, 4teld County ltecords, c;onveying a� undivided 2/12 interest in and to all of th� oil, gas, and oth�r mine=als in and under, and that may b� gL'oduced £rom safd land. CYaz'ceis 3 and �) 7. Min�ral Deed fro� Beri H. Gre39 � ��e P. Gregg tc Mark Vaughan Gregg, K�rxt Bradiey Gregg and 6'w�ndolyn Jane Gregg recorded April 28, lh6fi in Book 566, under CtecePtion No. �487905, Weld Cousity Records, cc�nveYing a�n undivided �./12 interest in and ta all of the oil, gas, and other minerals in a.nd under, and th�it may be prod�ced from said Zand. (ParoeZs 3 and 4) 2l � SKLD LG SKL10422 WE 2212709-1990 . 023 F 326J R�C 0�709 05/03/90 �6s27 a�.00 2�/030 F 0024 MJ1RY JlNN FEUBRS�tIN CLER� i R�C�pg� {�gLp Cp• Cp 8. Minarai Dasd l�rom �Jnion P�aific Land Rasaurcas Corporation to Champlin Pstrolsum CompanY record�d Karah 2A. 1972 ir� Boc�k 66�, under R�aaption Nua►bar 1586146, iis].d Gount�+ Rocord�, convciy�inq all internst in ax�d to a12 oi tt��a ol.1, yas tgas. aaainghead gas, distiiletw, oondsnsats. halium and all otl�� qaaeous substanaea) & a�6oaiated liQuld hydrocax�bons in and undar, a� tha� may bt prod+uc�cl Froo taid land. Said int�reSt beinr r�ionveyod to Union Pacifia Len� Repauress Corporation in Quit Cla4� Dhd racorded oa June 6, 1977 tt eook 799 undar Recept3on No. 172Q995, 1ie18 County itacords. (Parasl 8) 9. Minaral Dead from UnS�n Paai#ic Land R�soarcea Corporation to Chaoplia Patraleum Compa:►y recnrded January 25, 29'78 in Book 821, under Rac�ption Numbea� 1742593, W�ld Gourty Records. (Parcel 3) 10. Ofl and qas lesse auecuted by Chan�lin Petraleum Canpeny, es lessc�, end 1lmoco Pxoduction Comgar►y, ea leasea� record�d Jenuary 25, 1978 in Baok 821, utuler Receptioa Numbex 1942�94, Weld Conrtty RecosAs. (Pa�ecel 3) 1�. Qui.t Clntm of Right of Wep anef Sur£nce Lease granted ty Snyd�r Gperating Partr�exshiF I..P. by instr�ment recotded J�ugast 5, 1987 in eook i155, under Recegtton Nwnber 2109444, Meld County Records. Cparce� 3} 6stoppel of Groun$ �sssor on the for�gniny Quit Clnin� of ltight oE Nay and Surface Lease as r�+c.orded on Deaember ZB. 1989 tn H�ok 1252 under Rer.3ption Ha. 22i235. 22, tti;�ht of Nay ��r county roads 30 feet wide on eitt.er side of sect3on and tos+nship lines, as estebli.shed by th� Floard of Cot;nt-y Ccmmissioners for W61d County, recarded 4ctob�r 1+1, 1884 in BOOk 86 at Page �73, Neld Cossnty Recozds. 13. A Cqnd3tion contained in the United Stat�s Patent recorded Deceuber 12, 1925 in BaoK 67^, at Page 255, t�eld County Records, wRich states as follows: "Subject to any vested ar.d aCCrued srater rights far mtning, agricultural, wanufacturing or otAer gurposes, and right ta ditches and reservoirs used in a0[utect30n x3th suc�.h vater rlghtd, as may Ibe re.co3nized and acknowledged by the "socal ce�s�oos, la�s and decisians oE ^.ourts; a.-xd there is reserve� from th� lands hereby granted, a right of way thereon for ditches or canals constructecl 3sY the authority of ttae United States." (Parcels 1 sn3 2) 14. A Condition cortair.ed in the United States Patent reco�ded July 3, 1�02 in Hook 2Cl1, at Page 60, Weld �ounty Records, which states as folla�rs: "Yet esclud3ng arx3 e�ccepting from thz transfer, bg these presen�s, 'All minesal Lands' shouid any such be found _o ea3st in the traCts d�s�rihed in the forec�oing, but this eaclusion 3n@ egt:eption according to the 23 SKI,D LG SKL10922 WE 2212709-1990 . 02_4 8 1263 RF.G 022i�9 05/0�/90 1bx27 A15�,��__ 25/030 @' 0025 !lI;1tY ANbi TS1JERb'1'SIN CbB�t i R��7�D CUr � �erms ct �l�o stolute. "sh�i3 no� b� cotast�uo� ta f;►olud� goa2 �nd �ls'art land' . " �Pas�oml 9) 15. Rea�va�ion �� c�t►i:aie�td �n instrues�t �s°o�a 3't�s Union F�CiliII I�and 4ompeny to Anne �thyt dst�d �ugusC �5� 1�08, r�cordsd Septsmber 19, 1908 in Hook 233 at Pag� 164. tisld Cou�ty �e�orda, �€hioh is as fol�ovs: "BXCBPTiIiG 7►tJD R�S�tVY1V�: FIRSTs A21 coal end o`�!� �tnss'als w�.ttt�3n or undarlyinq aaid laads. 3ECONDs Th� �ciusiw right to prospsat in and upon said land i�or coal and othez mi�als, tl�rsin ar a�ich aay D� guppos�d *o be tP�ratn� and ta �air�w for end raaovs trwi rald land all coal and other mir�rals rahioh arny Me fo�uid thas+wn 6Y anyono. TBiROs TM siQh� o! ih�rsq, �Qra�� and rpra��t upon said land to proapac� ter, mi�a and r�oova any and a�l �•ah voal or otRar minarai,• and �he ri�ht �o use so auch o# �ai.d Jand aa �nay be convani��t or neaossary �or tha ripht oi way t� and #ran �uch proipact places, Ain��, and !os tho coi�ve��isnt and proper opera�ion ot such psospQat pleces, sinw and ior roada and approach�� thareto, ox for �ai tl�arelrao af roal, mineral� mack�in�sy or o�h�r �ater�ai.. FOitRTB: The ri�ht 4o Union Paaific Rnilroa8 Caepany t� n+aintain an� optrat� its raiiroad in its p1cea�ent foru of cxnst�cuction and ta mr�ke any chanqe in the form o€ can�truction or rosthod of oporation of safd ltnilroad.' Cparesl 3) 16. Dead for a 90 foot road on r.�e West side of the Nc�rthweet �uartes as grantsd ta Frank 8. MuivihiXl by inetruman# �paordecl June 6, 19�2 in 8°�o1r 62Z, at Paqe 428, Meid County R3cords. Said strtp of lend conveyed in beed ta We1d County recorc4e� on Ju.n�a 2?, 1922 in Hook 622 at Pa�e. 443 of the Wsld Caunty R�aCps'ds. (Parcel. 3) i7. A Condittoa cor�tetned in the uns.ted Stat�s Pate�.t reapsded Nlarch 12, 192�. in &wk 677, at Page 86, weld Co��nty R€acards, wnich states as foil�rs: "Subject to any vested and accrued wates rights for iaining, agricultural, �anufa�turing or other purposes, end right to ditclies an� reservolrs used in conne��ion NitR such srater rtghtts, r�s ieap be recognized and acknowledged by tt�e 3c+�ca7� customs, laws and decisions af Courts; and th�re is res�:ved frow the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the Linited Staies." (Parce3 4) 18, Reservatian of an undiv33ed ox�-haif of $11 oil, gas, and minerals undierlgirrg subject proPeri-Y. as rese=ved by The Feaeral Lend Han1c of t�ii�ta, in instnment s.'ecmrded �9aY i4, 1941 in Bocsk 207$, at page 580 of the tiTeld County 1te�aords- t Par+�l �) 24 SKLD LG SKL10422 WE 2212709-1990 . 025 � 126? �&G 0223�9 05/43!!0 i6s27 ��'�p0� 36JQ�0 s ao�� e�x �� u�sa�s�N c�.rc � �co�ois�wa aa. co 29. dfine�sl Doed �nd �oyalti► Gvnv�y�n�a fsoa� Ffer► H. Gre�9 ar�d Aztiee P. G�r�g� ta htt►sk P. G��. 8� N. Gxegg. Js. Ancf Jar� ti. w811owar, dated Aecx�ntbar 2Z. 1959, and �+ COrdad JaouA�y a. 1961 in �ook 1291, at pags 6Z 4t �ho iisld Courty Racosd�, aonvexing a� ur�divided 3/4 in�esast tu a�d to all at t�e o11, gOi� llrid O�h@1R IAt1A0!°i1�i �A �IISd YAdQ#a 3� thZ1t RSy bi ptoduead Prom said land. (Paraeis 3 and 4) 20. ��i� ar�d �a� lsese da�aJ Dea�ber i8. 1981 axecuta�d by Dava 8eumgar�nar and Cre�a 8nv�part�er, as lassar. and Cent�nniei Petrolsum. �na. . as les�e, record�d Jaauary �. 1982 in Book 958, und�r Reaeption Nnmb�r 1�79Q90, iteid Cou�ty Raco�dr. for a primnry te�m of ^vrc� C 2) Year�. end as J�or+� thsr�#qr a• ot l., qae, othe� hydrocarbons, os ofi� �oin�rals is producsd icom ssid 2aad h�r�under, oF dril�iny� or r�workir►Q operal�ona aro conduccwd thareon. (Pa�l 4) 21. 8ub�sct to tho t�rms end oondi�iA� of an Aqreamart bA�we�n Mas°y !�. Nhite aad Bdqnr �, �lam, as svtdancmd by inatrua�ent recozd� Mnrch 14. 1431 in 8aok �12, at page 6Z. Ne�lb Courity Recards. (Aarvs� 5) � 22. Of� an� �as ieasa dated i►ugust 22, 1978 e�cacuted b]t i Meri S. Dunham bka Kerie 6. Dunhao and 3tub�� L. Dunha�a, ess lessor, � end �ner�gy Mina�rala Corporation, es lessee, rscorded September 15, �978 iR 9ook 845, w�der Raceptian No. 2766b�5, ii¢�id County Recards, for a primary teraa of Three (3) yeara�, aad aa long therea�ter as oil, gas, or otAer hydrocarbona ar o:lsar minerais is produo�d from said lan� ha*@ur�der, or driiling or reworking operatian� 8r@ CORdtlCtfld th@T@Oi`. (Parcel Sy 23. Reserva��ion o� iJ2 of aYl oil, gas, aru3 minerais undeslyin� sub�ect proper�y. ag r�ese�cw�d bY 3Mer1 S. Uurtham and Ruby L. Dunhetn, in ia8tru�reat s'E�.oa'ded August 2, l�Itii in Book 259tl, aC page 426, Meld Covnt�► Reabrr�ss. (Parc:B�. 5) 24, A condition cor►tained in the tlnited States Patent recarded S�ptomDer 15, 1927 in l�aok 677, at Page 190, Weld County Rscoreis, which states as fo12w►ss "Subject tu arsy vested anc'. acr.arue8 water rights for mit�f*►g, agricul�ursi, manufacturing dr other �urposes, end rfgrt to cl.itches and x�eservoirs ti�ed in connection 8►ith such water ris3hts, as aay be z�gr.ized and acknowl�iged by the local custc�as, laws and decisions af Courts; and there is reserved fro� �e laeixls here�Y 9ra�►ted, a right o� way thereon for ditches or ca"-ials construct+�d by �he aut.hority o# thH Uni'ted S�Stes." CParcel 5} 2�. A DeeR3 of TrezUt fx�ov ilhite Mounta3n Ranch, a limited partaership organ3zed and eassting Ltnder the laws af the S�ate of t3evada and registe..-� and �o3ng busin.Ess in Cz►lorada as Colorado 25 SK1�D LG SKL10422 WE 2212709-1990 . 026 8 1�63 ltSC 022]�J9 OS/03/90 16�37 �iS�O 27/030 �' OOZ7 !ll1R7G 11I�1l7"181TER8TaIN CLERIC i ft300RD81PRELD COr CO Nhili Motuf�ait� Itanoh. Lbd. end Bapl� P�ek l�srss. Ltd. , a COlCtado lia�3�Ed partnarst►ip, to Days 8aurqartnsr and Cro#a J. Bawagas�tnar. datad J►pril 6, 1990 and Nouri.tq a ys�owiswsy e�t� in thE �Sr�atpnl a�ousot o! 0480.000.00. 26. !1 �inaaoi�p St:at�s�n,t lro� Mhite lbnn#aia Ranch, a Zia�itsd pertn�rshiP os�emis�d and �sistiaQ u�der t*s laws o# tho 8eat� c€ l�twada ax�d r�i�t�rad and duiep busi.��s in Colorado as Coiorado ilhita Mountaia Raewb. Lt�1.. aM Repl� P�ek Tasw�. Ltd, a Colorado li.�it�d pastrMrshiP, ta llaw Bau�garts�r and Crata J. 8aumysrtn�r, datad llpril 6, 1990 and waurinQ a ps�oai�sorY not.o ip tht pr3ncipel ewo�u�t o! 8430,000.00, and �oord�d Mtth the Coiorado S�ar��asy o! Stat� and INld County Ci�rk arr! R000rder. a7. Oral fssa l�ews vitA Nilliaa 8. esll and Sarl �►. Baumgar�nes pertaiainp ta a11 or a pcztian of tbs property and �aly gor the yaar l940. Graator waiws aay claiw or r3�ht to any crop� or r�tal psywenta or enY ott�er alai' assoaiatad Mith said fa�m l�eses. Tha folluvrir� �e�ral no�i�aea of uaderQrou�d fscilities have baen ftlad Pnrsuant to dtaction S-1.5-103. C.R.S�. : a) Nfaaui�ain Bell TeleP�� P�Y. recnrded October 1, 1981 tn Book 9�9 as Raoeptiosf No. 1870705. b) Jtsaxial� Natv�r�l ti�s, tnc. , s+ec�orded July 20, �98! t:► Book 1037 as Reaep+tion No. 199�810. a) Colorado Interetai:e Cas Co�panY. rexrded August 81, 298� Yn Book 1041 as Rec:epti�n No. 19797$4. d) l�blttt Service Carpeap of Colorada, recorded Novesber 9. 1981 in Book 952 as tte�pticui rto. 187r084. @) ileStez7� Gea3 S�uPP�Y �P�nY• �r� �pT3I 2, 1985 in 800k 1063 es Reception No. 2004300. PSRCBL G. ' The tlorthWest Quarber (Nili/4) of Section 9, To�tnship 1 Nprth. Renge 63 iles� af the 6th P.l1., ideld County. Colorado. Together f►ith all ead singular, the her�ditaments and appurtanances thereto Delon91a9. or ir. anywise appertaining: including hut eot linited to, ar�y a�nd a11 f3.ztures, all other hanes and buildings, �obile ho�es, baYas, feaces. anY and all easeaents, rights-of-way. or other rtghts �:.f access vsed in conjunction with the Property, a�Y an,� ali grow3ng orops, trees, and shx�ubbery: and Togett�r with all �rater and water rights, ditches ana ai₹ch rights, reservoirs and reservoir riglt.ts, sr,�rings and spring 26 �KI�D LG SKL10422 WE 2212709-1990 . 027 � a i263 RLC �12709 OSf03/9Q 16:2� �0.00 28/030 P 00.�.8 !l�11tY AtAi r1SUER8Tl�IN CLZAR � AaCO�bR MIELO C0. CQ riQhts, wall• aad �il righis, both txtbutasy and non-#ributary a►sd dsalgnaled and es�n-da�i�cad, on, undsr. appurh.�nant to, or us�d on tho lend h�rs3r� dasorib�J. i�ludirp but not l�nited ta the lo�lor►inq: ths wa�er riQhtr r�pra��snlad by !'�nal �r+ait Mo. 91595-FP tlormeriy Permit No. 115�e�-It)t ar�d Aii iat�rErti ia the Ku�ryiyn IrriQa�ion Dis#.riat and wat�s ri�hts Ai�hie said Di�trict assoclated x�th or appu�tenan� to tha land d�sCribad abova. rncluding ang end eli ea�a�ant� and riql�t�-o�-taa} assaciat�d v�itts the water �ad �rate� riQhta, includia�Q, but not 1lroited to, easemsat• and �i�hts-of-ka�• fr,r tha csrriaqs oP wa#sr to the �roperCy� discharpe of wa�sz� tro' t!� ProPar'tY, end gtorays o# watar o!f of tt,e Properiyt and aPecifically includinq the irri�a#ian we21 and ease�m�nt and riqt�t-of way on, acroos arni under t�►a Southa�eat Quarter (S111/4) of Sectfon 9, Township 1 North, Range 63 West of tAe 6th P.M. , as reser«►ed unto Jvhn W. Nleyers, Jr. , end William 8. Phiilips in e warrenty Deed rec:orded December 13, 1979 in eook 890� Reception No. 1811818 for the irrigation weil desiqn�ted by P�xdit 1�10. �t-11587 (swr+ Fi�l PermS� No. 31595-FP?. toytethe= 4i�th p�zmanent acc�ss Por ingress aad agr�s� to satd veil on the exietins east-xest Farm mad to operate, r�pair, :ra�intefn, z+e-e7ri21 and/or repXace said weli and tine uddez�round pipeline fro+� said well rwhich aupplies irrigation water Ca the Narthwest Quarter C�►1�4) of Section 9, ?oanship 1 Wortri, Range 63 1'a�t of th� 6�h P.Ft., aad is fur₹h�r set fortt, fn said t�arranty Deed; and including all headgates, flumes, 3fversion atructures an� a`easur3ng structures, puuPs, mators �a�3 othar property used ie delivering erater to the Property and meesuring waterr usad o�n the ProgertY: Together with any and a2.1 personal property, fixtures and nther items used in con,�unctian vith or assnrfated vith the ieLeqoing proper'Ly, and specifically including all well gumps and 3rrigation equiQment; arad s�i£icalJ.y inalu3ir,g: A 12' by 48' house trailer (eobi�e home), 1963 Nash�a, Vehiale S@entificatka*i No. UT4�121R6566; and Together 9rith sll uinerals o� �hatever kind or character, 3nclud?ng but nc�t 2imited to, aYS oil and gas and constituents thereof, gravel, sand and caal• in• under � upon or that might be produced from the descr3t±�d lands, na�r owned or hereafter acquired. The property 3s sabject to the f�?_lowinq restrictions and limi'Cations: 27 SKI�D LG SKL10422 WE 2212709-1990 . 028 ' 8 1263 RSG 02212T0 5l03/40 1G: 2? a150.0 29/03a F UC?9 l�4ARX ANN g$�TEIN CLBRK i RSCQR08R � CQ. C0� 1. Any interes� �hic� iaay halv� b�sn a�+�+ired by tt� p+ubiia in ths Narth and Wmst �0 �eet ot �+ubject prope��y by raasoa ci resoiv�tion ot Bw�rd oF Gour►t;► Co�nnisstoners r�aar0ad Octobe� 14, i889 in Hook 86 at Fng� 273 which provides gor public roads 6Q �aa� in rridtt� beiny 30 fest on eeah side o! aeation linas on the 1�ubila damain.. 2. tiight of way end eeeemnnt for "Bnlargemsnt of The D.A. Ford Reservpir No. 4" as �vidanced by� SCet�immsnt filad lwpust 26, 1907 ae No. 121990. Dasar3bea YI1/Z 1�M►2,I4 and NSiJ4 of NWl/4, 9-1-63 (with othor ianGs). 3. Rwaervatione bg the t7nio� Paci#ia Raliroad • Comp+�ny of { 1) al]. oi2,, coai and other mi-�erais underlyin� s+ab�ect P=oI�'�71. C 2) the �eclusive rig�t to proapaat �or, aine and remove oil, caal rnd other m4aerals, an� (3) the right of ir�gress and egrees and ragrdss to prospact for, mine and remove oil, coal and other minerals, ali as containea in Deed raco�°ded November 29, 1947 in 800k 233 at Pege 128, nnd any interesta therein ox ri.ghts Chereru�der. 4. Sesamant and riyht of way far railxoa� �urposea, as granted to Tha Ctiicago, Buslington & Qu3ncy i2a�ilronit Company by Char,es 8. Chris�.j►, in the ins�trwaent rer.orde� July 9, 1925 �n Eook 7'l9 as Reaeptiosn No. 465364� affQcting the foilocring �escribea pmperty: A strip of land 50 feet wide on the I�ester,ty side of end adjoininc� the center 21ne of tE�e beeic spur � trac� o£ the ratlroed o£ said railroad company as now surveyed, over ana ecross the Ei/Z of thE �ii/2 of Sc�ction 9, Tawnship 1 Nortt►, Rarage 63 iiest of the 6tki P.M. , and a strip of land 50 feet Wf de on the Easterly side end 8djoir,iag said center lina of the ra32road over an�l acxvss the K1/2 of the NEi/4 of said Section 9. It is also stip*slated that if this land hereby conveyed shall cease tc� be used for railroad purposes in that ewent it shall revert to thi,s grantar. 5, Easement �ru3 r.;.ght oi way for road purposes, as gr�nted to Welu Gounty, Colorado by Fsed Durbin, in the instrument reco�ed Max'ctx 25. 1931 in Book 911 at Page 64, affecti[sg the foliowing describe� P�P�'tI'= 28 SKLD LG SKL10922 WE 2212709-1990 . 029 ' � i263 �212709 Q�/Q3�90 iL:x7� �154.00 )0/Q�Q � ao3o esn� arn� ��v��s�� cz.8�zc � ��b�a� w�u ca, �o A stri� ot g�au�d i0 �s�t alde i� b�i�rg a7�1 0� tt►e Sauth 10 tee� ot �1se N�or+l:h 4Q fsot ot tt►� Nl/2. Section 8, '��i� 2 l�To�h. 1ta�s 6�3 y1�sC o! +rh� 6�h F.M. �aah oP tho �oragoirsq par�ola ar� eub,�e�i1� �0 1990 tax�� ar spa�i�l as��asmea�ts. 29 SKLD LG SKL10422 WE 2212709-1990 . 030 � � ' � 2476443 8-1532 P-316 02/14/96 03:37P P� 1 OF 29 REC DOC Weld Cotmty CO Clerk & Aecorder 146.00 AN24]bOh3 SPECIALWARRANPYDEED TftLS DEED, Made this 13th day of Pebruary, 1996,betwcen Eagle Peak Pazms, LW., a Colorado limited pacdie�ship, 'grantor" and Prospect Valley Farms, Lul., a Colorndo limited pehnerst�ip,whose legal addresa is 1942 Broadway,Suite 506, Houldu, Coloredo 80302, County of Boulder, State of Colondo, "grantee": WIINFSSETH, That the grantor, for the sum of less than Five Hundred Dollars ($500.00) and offiet good and valuable consideration, the receipt and sufficiwcy of which is hereby aclrnowledged, has granted, bargained, sold and conveyed, and by these presents does grant bargain, setl, convey, and confirm, onto the gantees, the grantees' heirs and assigns forever,all ihe ieal property, together with improvemenu, if any, situate, lying and being in the Counry of Weld, Sdtc of Colorado, described as follows: The Property described on the attached Ezhibit A which is incorporated by this roference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apperhaining, and �he reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all [he estatc, right, [itle, in[erest, claim and demand whatscever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premiscs above bargained and described with the appurtenances, unto the grantees, [he gran[aes' heirs and assigns fonver. And the gcantor, for the grantor, [he grenbr's succeasors and assigns, dow covenant and agiee that grantor shall WARRANT AND POREVER DEFEND the abovabargainad premises in the quiet and peaceable possesson of the gran[ces,the gtantees'heirs and assigns, against all and every person ot porsons claiming ffie whole or any part thereof, by, through or under the gran[or. IN WIINFSS WHERFAF,Ne grantor has executed this dced on the date set forth above. Fagle Peak Farms, Ltd., a Colo�ado Gmited partnership By: I, G�I�u,1��'' Wal ven Ketellapper, General Panner 1 ._ . , . I.�� ,,,I .. . ___-___-_.�.. _ _-___ . .._____.__. i� I .I II � SKLD LG SKL10422 WE 2476443-1996 . 001 # � - 2476443 B-1532 P-316 02/14/96 03:37P PG 2 OF 29 STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing inshument was acknowledged before me this 13th day of Pebn�ary, 1996, by Fagle Peak Fazms,Ltd.,a Coloredo limited pazmership, by Walraven KMe�lapper, as��neaal. pazNer. Witness my hand and official seal. � � My commission ezpires: i 2 `�'� — � �;�.:.` O 1%�,��' L _ , �" / � —� � _ ,�� ,,y:, � �,., , t _ :�,,;: Notary b�c ��'d'Hi'Z,;a�° 2 _�TIiI1�lIri111i�i eI'�'T —� _ _ ---�T� �,---_ _ SKLU LG SKL10422 WE 2476443-1996 . 002 � � , 2476443 B-1532 P-316 02/14/96 03:37P PG 3 OP 29 EXHISIT A TO THE SPECIAL WARRANTY DEED FROM EAGLE PEAK FARMS, LTD., A COLORADO LIMITID PARTNERSHIP TO PROSPECT VALI.EY FARMS,LTD., A COLORADO LIMITF.D PARTNERSHIT The property included wiNin the Spacial Waztanry Deed shall include the fallowing described land, water rtghts, easements, rights-of-way and other interests in land, buildings, and other stiucluces,but subject to fhe following described limitations and resVictions on the land and water rights: PARCF.L C: Parcel 2: The El/2 of Sec6on 30, Township 1 North, Range 63 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, bu[ not limited to, any and all fixtures, fences, any and all easements,rights-of-way,or otha rights of access used in conjunction with the Property, ant and all growing craps, trees, shrubbery; and Togethu 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 Wep Permit No. 236-R, also referred to as Final Permit No. 31519-FP, Well Permit No. 233-R, also mferad to as Final Permit No. 31518-FP, Well Permit No. 237-R, also rofeaed to as Final Pennit No. 31520.FP, Well Permit No. 13205, and Wel]Permit No. 69377, and all inteies[in the Henrylyn Irrigation District and wa[er rights within said DisVic[ associated with or appurtenant tn the land described above. Including any and all easements and rightsof-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water W the Property, discharge of water from the Propeety, and stotage of water off of the Property; and including all headgates, flumes, diversion swaures and measuring structures, pumps, meters and other pmperty used in deGvering w^eter W the Property and rt�easuring water used on the Property, and specifically including, (A) the pipeline for irrigatlon water as reserved in the dced recorded on March 19, 1975, as Reception No. 1656259; (B) the easements described in the documents ncorded at Book ]028,Reception No. 01965008, Book 570, Reception No. 1491695, and Book 3 , I I Iiilill, II il � � �^��T -. SKLD LG SKL10422 WE 2476443-1996 . 003 � � 2496443 8-1532 P-316 02/14/96 03:37P PG 4 OP 29 1057,Reception No.01997476, in the offices of the Weld County Clerk and Recorder, and said easements shaU be subject to documenu recorded February 20, 1922 in Book 672 at Page I54, and March 5, 1970 in Book 621 u Roceqtion No. 1543408, and any applicable amendments; and Togeth�with any and all pas«�al property, fiztures and other items used in wnjunction with or associated with the foregoing property, and specifically including all well pumps and 'urigation equipmen[;and Tog�with all minerals of wha�ever ldnd or chazacter, including but not limited to, all oil and gas and constiturnts tliecaof,gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limiied to, all interest in the Oil and Gas lease -between William C. Busch and Sally R. Busch, as Lessors and Donald I. Foster, as I.essee, for a primary term of two years,dated October 75. 1980,and recorded Ootd�er 30� 1980 in Book 918 as Reception No. 1840202,and any inteiest therein or rights thereunder, and the eactension of the said leaze as claimed by Affidarit of Pcoduction, filed pu�suant to Secdon 38-42-106, C.R.S., by Griffin Oil and Gas, Inc., and recoMed August 15, 1983 in Hook 1004 as Recepaon No. 1937115, and the ratification of the Oil and Gas Lease dated November 21, 1980 and signed by William C. Busch and Sally R.Busch and Robert J. Busch and Rubi L. Busch, and the F.�ctension of Oil and Gas Lea.se dated Febniary 8, 1982 and signed by William C. Busch and Sally R. Busch and Robert J. Busch and Rubi L. Busch; exc�pt for an undivided ono-half interesl in all oil, gas and minerals underlying the EI/2 of Sxtion 30, Township 1 North, Range 63 West of the 6th P.M. as retained in a deed recorded in Book 734, Reception No. 1656259, in the Books and Records of the Weld County Clerk and Recorder. The Property is subjec[to the foregoing and the following resVicdons and limitadons: 1. Righu of way for comty mads 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 of(1)right of proprietar of any pa�ctrating vein or lode to exiract his ore; and (2) right of way for any ditches or canals construded by authority of Uni[ed States, in U.S. Patent�ecorded Apri15, 1911 in Hook 131 at Page 425. (Affects NEll4 Sxtion 30) 3. ReservaUon of right of way for any ditches or canals consWcted by authority of United States, in U.S. Patent recorded November 25, 1916 in Hook 385 at Page 192. (Affects SEl/4 Sxtion 30) 4. Easement and right of way to construct, operate and maintain an elecVic Uansmission line,with all poles,cross arms,cables, wires, guys, supports, fiz[ures 4 �.110��7��I��___T_ �. _.._. . �� . .. . SKLD LG SKL10422 WE 7_476443-1996 . 004 � � 2476443 B-1532 P-316 02/14/96 03:37P PG 5 OP 29 and devices,as gzaated to the United States of America by Allen G. Abbott, in the insWment rxotded Mazch 15, 1951 in Book 1297 at Page 529, affaKing the following described property: Beginning at a point on the West line of said NEl/4, Section 30, being 1421 feet South of the North quazter�omer of said Section 30; thcmoe S89°57'E a distance of 2717.3 feet, more or less, to a point on the East line of said NEl/4, being 1434.5 feet South of the Northeast corner of said Sxtion 30. Said easement being 37.5 feet of either side of the herein above described centerline. 5. Easement and right of way for the delivery of water, as granted to William H. Bell and Cazol C. Bcll by Pagle Peak Fartns, LW., a Cobrado limited partnership, recorded June 23, 1995 in Book 1498 as Rtt�tion No. 2443834, affectutg the following described property: West 30 feU of the Ell2 of Sec[ion 30. 6. Fasements on behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Hook 949 aa Roception No. 1870705; Colorado Interstate Gas Company, recorded August 31, 19&i in Hook 1041 as Rocepdon No. 1479784; Associated Natural Qas, Inc., recorded April 10, 1981 in Boolc 1229 as Reception No. 2175917; PubGc Service Company of Colorado, recorded November 9, 1981 in Book 952 as Recepaon No. 1874084; Westem Slope Gas Company, recorded March 9, 1983 in Book 990 As Reception No. 1919757; and Westem Gas Supply Company, recorded Apri] 2, 1985, in Book ]063 as Recepfion No. 2004300. PARCEL D: Pareel 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 Latetal. EXCEP7'II�TG'CH82EFROM a pazcel of tar�d conveyed tn 7tie Henrylyn Urigation District by dced recorded ]une 9, 1923 in Book 711 at Page 148, being more particulazly desccibed as follows: BEGINNING az the Northwest comer of Secdon 27,running thence East along the North line of said Section for a distance of 820 feet,thence South 1060 feet, thence West 820 fat, thence North 1060 fat ro the POIN7'OF BEGINNING. AISO F3CCEPTIN�TE�ERF.FROM a parcel of land conveyed by Deeds recorded February 21, 1948 in Book 1221 at Page 465, and recorded Mazch 18, 1953 in Hook 1352 at Page 249. 5 _�1tli�l C�1 ---T _ _ �I T1lT� SKI,D LG SKL10922 WE 2476443-1996 . 005 � � 2476443 B-1532 P-316 02/14/96 03:37P PG 6 OF 29 Together with all and singular, the hereditamu�ts and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and alt fixtures, all other homes and buildings,mobIle homes, bams, fences, any and all easements, rights-of-way, or othu rights of access usad in conjunction with the Praperty, any and all growing crops, trces, and shrubbery; and Together with all water and watea rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-Vibutary and designated and non-0esignated, on, under, appurtenant to, or used on the lands herein described, including but not limited[o the following: The water rights represenfed by Well Pecmi[No. 12123-FP (former Permit No. 12123-R), Well Pertnit No. 12124-FP(former Permit No. 12124R), the Carder- Sright Well, the A. P. Jackson Well, and the William Vogt South Well and any and al] easemenu, righu of way and appuRenances thereto as evidenced by insaumenls recordeA Febntary 21, 1948 in Book 1221 at Page 465, and recorded Mazch 15, 1953 in Book 1352 at Page 249(Affects Section 2'n; and All interes[in the Henrylyn Irrigadon District and water rights within said DisVict associa[ed with or appurienant to the land described above; Including any and all easements and rightsof-way acsociated with [he water and wa[er rights, including, but not limited to, easemen[s and righ[sof-way for [he carriage of water to the Property, discharge of water from the Property, and stoiage of water off of the Property; and including all headgates,flumes,diversion structures and measuring structures, pumps, me[ers and other properiy usod in delivering wa[er to the Prvperty and measuring water used on Ihe Property; Together with any and all personal property, fiztures and other i[ems used in conj unction�with or associated with the foregoing pttipeetty, and specifically including all well pumps and 'vriga[ion equipment; and Togethu with all mineaals of whatever kind or chazacter owned by the grantor, including but not limired to, all oil and gas and constituents Nereof, gravel, sand and coal, in,under and upon or [ha[migh[be produced from the described lands now owned or heieaf[er acquired; and Together with and subject to all inte�est in the Contract dated June 4, 1936 between Z. F. Cazder and Vester Carder and W. H. Bright and John D. Bright, as recorded on January 20, 1940 in Book 1056 at Page 119. 7'he Property is subject to the following restriclions and limitations: 6 � i i , f �-i T1Ti- T SKLD LG SKL10422 WE 2476443-1996 . 006 • • 2476443 8-1532 P-316 02/14/96 03:37P PG 7 OP 29 1. Rights of way for County Roads thirty(30)feet wide on each side of Section and Township lires, as establisl�ed by Orcler of rhe Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Resenations by the Union Pacific land Company of(1) all oil, coat and other mineals mdedying subject property, (2)the exclusive right to prospect for, mine and temove oil,cael and otl�minecals,and(3)the xight of ingress and egress 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. 3. Pasemen[and righ[of way for construction, use and maintenance of an irrigation ditch,and ingmss and egiess and tegress, from ditch.and pumping plant purposes granted to Arthur P. Jackson, Sr. by Vester Carder and Lucile Carder by instrumart reoorded February 21, 1948 in Book 1221 at Page 465 and Mazch 15, 1953 in Book 1352 at Page 249,of said deeds, in which the specific location of the easement is not defined. 4. Fasemu�t and right of way for Prospect Lateral, as evidenced by deed racorded May 10, 1921 in Hook 650 at Page 12 in which ihe specific location is not defu�ed. 5. Fasement and righ[ of way to consiruct, opera[e and maintain an electric tiansmistia�line,as ganted to the United States of America by Vester Carder and Lucile Carder, Kanesburg, Coloeado, in the inslrument recorded May 10, 1951 in Book 1302 at Page 437, affectlng the following described property: The South half of the NoRhwest quarter, and that part of the NoRheast quarter lying North and West of Prospect Late[al, Seclion 27, Township 1 North, Range 63 West of the 6th P.M. The center line of the route of said line of poles and wims to be erectad across said lands shall be as follows: Beginning at a point on the West line of said Sll2 NWI/4, Section 27, being 1463 feet South of the Northwest comer of said Secaon 27; thence South 89°54' East a distance of 3965.5 feet, more or less, W a point on the center line of said Prospect Iateral, whence the Northwest comer of said Sxtion 27 bears North 69°39' West 4226 feet. Said easement being 37.5 fcet on either side of the centerline. 6. The properEy is also subjec[to the following easements, the precise location of which is nol specified: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Receptlon No. 1870705; (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Recepaon No. 2175917; � , ,� � ,, - T - _ --- !_-�-�T _ _ _ ;RI,D LG SKL10422 WG 2476443-1996 . 00% � � 2476443 E-1532 P-316 02/14/96 03:37P PG 8 OP 29 (d) PubGc Service Compariy of Coloredo,recorded November 9, 1981 in Book 952 as Roception No. 1874084; (e) Westein Slope Gas Company, ceco�ecl March 9, 1983 in Boolc 990 as Racepdon No. 1919757; and (� Westem Gas Supply Company, recorded April 2, 1985 in Book ]063 as Reception No. 2004300. 7. Terms, agreements, provisions, conditions and obligations as contained in Memo�andum of Surface Damage Agreemen[by and betwcen Eagle Peak Farms, Ltd., a Colorado Limited Paztnership and Snyder Oil CocporaUon recorded July 2l, 1994 in Book 1451 as Recepuon No. 02398575. 8. Terms,agreements,provisions,conditions and obligations as contained in Surface Ownu's Agraemerc by and between Pagle Peak Farms, Ltd., a Colorado Limited Partnership and Union Pacific Resources Company recorded August 1, 1994 in Book 1453 as Reception No. 2400222. 9. Right of way, whether in fee or easement only, for a pipeline and appurtenances, as granted to Amaco Pipeline company, a Maine Coiporaaon by Pagle Peak Fazms, Ltd.,a Colorado Limited PMnership,mcordal December 8, 1995 in book 1521 as Raxption No. 2466831,as moie particularly described in said instrument. p R�CF.I.F: Parcel 1: All of the North Half(Nl/2)of Section 23, Township 1 North, Range 63 Wes[of the 61h P.M.,Weld County, Colorado. EXCEPI'ING therehom a parcel of land as conveyed [o Weld County by Deed recorded June 27, 1922 in Book 622 at Page 443; ALSO EXCF.PCING therefrom a parcel of land as conveyed to the State Department of Highways, Division of Highways, State of Colorado by dced recorded August 30, 1990 in Book 1274 as Reception No. 02225396 and Corrective Deed recorded December 26, ]990 in Book 1285 as Reception No. 02236724. Parce12: The Notth t�l/2 fee[ of Ne Southeas[ Quarter (SEl/4) of Section 22, Township 1 North, Range 63 Wes[of the 6th P.M„Weld County, Colorado. Together with all and singular, the hereAitaments and appurtenances thereto belonging, or in anywise apperoining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes,barns, fences, any and all easements, righ[sof-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and e - -�� I T� ,T � T �T�l � I SKLU LG SKL10422 WE 2476443-1996 . 008 � � 2476443 B-1532 P-316 02/14/96 03:37P PG 9 OF 29 Together with all wa[er end water tighcs, ditches and ditch righis, reservoirs and reservo'v rig6ts, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and mn-0esignated, on, under, appurtenan[to, or used on the land herein described, including but not limited to the following: The water rights repiesented by irtigauon well Permit No. 3152CrFP (former Permit No. 4477-R), which righ[ was also adjudicated as Underground Water Well, State Enginxr Pe[mit No. 4477, in the Distric[ Court for Weld County, Colomdo, Civil Action No. 16704, No. 382 by fhe Findings and Decree dated March 26, 1971,and by iaigadon well Permit No. 31527-FP(former Permit No. 4478-R), which right was also adjudicated av Underground Water Well, State Engineer Pernut No.4478, in tlie District Court for We1d County, Colocsdo, Civil Actlon No. 16704, No. 382,by the Findings and Decree dated March 26, 1971, and by smatl capacity well Pemrit No. 76464; All in[erest in the Henrylyn Irrigation Distric[and water ngh[s within said District associa[ed with or appurtenant to Ihe land described above. Including any and aLl easemen[s and righ[sof-way associated with the wa[er and water rights, including, but not limited to, easements and rights-of-way for the carriage of watcr to the Property, discharge of water from the Property, and storage of water off of the Property, and speci6cally including without limitation: 'Rie License for-an eighbinch(B")aluminum irrigalion pipe across the county road pciyting betwan Sactions 22 and 23,Township 1 Nonh, Range 63 West of the 6th P.M., Weld County, Colorado, said pipe haversing the county road from the Northeast Corner of the Southeast Quarter (SEl/4) of said Sx6on 22 tn the Southwest Comer of Ne Northwest Quarter(NWI/4)of�id Saxion 23, as granted by The Board of County Commissioners, Weld County, Colotado�to lxonard Baumgamier,and as conveyed tn Dave and CreEa J. Baumgartner by the Warsanty Dee�1 in Joint Tenancy recorded Sepumber 15, 1969 in Book 615, Reception No. 1536793, wherein the da[e of said License is stated to be Mazch 19, 1969; including all headga[es, flumes, diversion sWCNres and measuring struc[ures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and a�1 parsonal proPartY� fixtures and other i[ems used in conjunction with or associated with the foregoing property, and including withou[limita6on, all well pumps, motors and irrigation equipment; 9 __-_.. ��ii�lll ��I 'r� �_.._ - �__��_._-� SKLU LG SKL10422 WE 247Ei4�i3-1996 . 009 � � 2476443 B-1532 P-316 02/14/96 03:37P PG 10 OF 29 Togelhea with all minerals of wha[ever kind or chazacter, including but not limited to, all oil and gas and constituents themof,gmvel, sand and coal, in, under and upon or that might be produced &om[he described larids, now owneA or hareafler acquired. 1'he proper[y is subject to the following IimitaGons and restrictions: 1. Mineral Deed ard Royalry Conveyance from Ben H. Bregg and Artie P. Gregg to Ben H. Gregg, Jr, and Jane G. Wallower recorded Apri128, 1966 in Book 566, under Recep6on No. 1487904, Weld Comty Racords, comeying an undivided 2/12 interest in and W all of the oil,gas, and other minerals in and under, and tha[ may be produced from said land. (Parcels l and 2) 2. Mineml Dced from Ben H. Gregg and Artie P. Gcegg W Mark Vaughan Gregg, Kent Siadley Gregg and Gwendolyn lane Gregg recorded Apri128, 1966 in Book 566, under Rxcp6on No. 1487905, Weld County Records, conveying an undivided 1/12 interest in and to all of the oil, gas, and other minerels in and under,and[hat may be produced from said land. (Pazcels 1 and 2) 3. Mineral Dced from Union Pacific Iand Resources Corpontion to Champlin Petroleum Company recorded Mazch 24, 1972 in Book 664, under Recepdon Number 1586146, Weld Comry Records,conveying all interest in and to all of the oil,gas(gas, casinghead gas, distillate, condensate,helium and all other gasoous substances) & associsied liquid hydracarbons in and under, and that may be produced from said land. Said in[erest being recomeyed to Union Pacific Land Resources Co�poration in Quit G7aim Dad recorded on June 6, 1977 in Book 799 under Reception No. 1720995,Weld County Records. (Pazcel 1) 4. Mineral De.ed from Union Pacific Iand Resources Corporalion to ChampGn Pe[roleum Company recorded January 25, 1976 in Book 821, under Reception Number 1742593, Weld County Records. (Pazcel 1) 5. Oil and gas lease execu[ed by Champlin Pevoleom Company, as lessor, and Amoco Pmduction Company, as lessee, recorded January 25, 19�8 in Book 821, under Reception Number 1742594, Weld County Rxords. (Parcel 1) 6. Quit Claim of Right of Way and Surface I.ease granted to Snyder Operating Partnership L.P. by inswment recorded August 5, 1987 in Book 1165, under Reception Number 2109449, Weld County Records. (Pucel 1) Estoppel of Growd Lessor on the finegoing Quit C7aim of Right of Way and Surface Lease as recorded on December 28, 1989 in Book 1252 under Raxpdon No. 221215. 10 -1fllli 1fIIilIlF�lf11'ti �� l _ I ____ �i 1f(T SKI,U LG SKL10422 WE 2476443-1996 . 010 � � 2476443 8-1532 P-316 02/14/96 03:37P PG 11 0F 29 7. Righ[of Way for wunty roads 30 feet wide 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, Weld CounTy Records. 8. A Condition contained in the United States Pa[ent recorded July 3, 1902 in Book 201,at Page 60, Weld Comty Rxords, which states as follows: "Yet excluding and accepting from the Vansfer,by these presents, 'All minerzl Lands' should any such be found to uist in the tracts described in the foregoing, but this exclusion and ezceplion according to the terms of the sfa[ute, 'shall not be construed to include coat and iron land'." (Parcel 1) 9. Reservation az conhained 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: "EXCSPTING AND RFSERV WG: FIRST: All coal and other minerals within or underlying said lands. SECOND: 'Ihe ezclu�ve right to prospect in and upon said lard for coal and other minerals, [he�ein or which may be supposed W be theroin, and to mine for and recnwe from said land all coal and other minernls which may be found thereon by anyone. THII2D: The right of ingress, egress and regress upon.said]and to prospect for, mine and remove any and all such coal or other minerals and the righ[[o use so much of said land as may be comenient or necessary for the right of way to and from such prospect places, mines, and for the convenient and proper operation of such prospa;t places, mines and for roads and approaches thereto, or for removal therefrom of coal, mineral, machinery or other materials. FOURTH: The right m Union Facific Railroad Company to maintain and operate its railroad in its piesent form of consiructlon or method of operaRon of said milrosd and W make any change in the fom�of consWc:tion or method of aperation of said Railroad.' (Pazcel 1) 10. Deed for a 70 foot road on the West side of Ihe Northwest Quazter as gianted to Piank E. Mulvihill by instrument recorded June 6, 1922 in Book 622, at Page 428, Weld County Records. Said strip of land conveyed in Dced to Weld County recorded on June 27, 1922 in Boolc 622 at Page 443 of the Weld County Records. (Parcel 1) 11. A Condition contained in the United States Patent recorded Mazch 12, 1924 in Book 677, at Page 86, Weld County Records, which sta[es as follows: 'Subjec[ to any v�and accrued water rights for mining, agricultural, manufacturing or other pueposes, and right to ditches and reservoirs used in wnnxtion with such wafer rights, as may be recognized and aclrnowledged by ihe local customs, laws and decisions of Coucts; and theae is reserved from the lands hereby granted, a 11 -- �'�IItlI�IIIYII� �I�i 'p --- - ---- � ----- - , n J. �T_�_�_—. _._ . __. SKLD LG SKL10422 WE 2476443-1996 . 011 � � 2476443 H-1532 P-316 02/14/96 03:37P PG 12 OF 29 [ight of way thaeon for ditches or canals consmx.�[ed by the authoriry of the United States." (Parcel2) 12. Reservation �of an undivided one-half of all oil, gas, and minerels urtderlying subject pmperty,as reserved by The Fedetal Iand Banlc of Wichita, in insWment rewrded May 14, 1941 in Book 1078, at page 580 of the Weld County Records. (Farcel 2) 13. �Mine�al Deed and Royalty Comeyance from Ben H. Gregg and Attie P. Gregg to Mark P. Gregg, Ben H. Gregg, fr. and Jane G. Wallower, dated December 22, 1930,and�ocorded January 5, 1951 in Book 1291, at page 62 of ihe Weld County Records,conveying an undivided 3/4 interest in and w all of the oil, gas,and other minerels in and under, and that may be produced from said land. (Parccls 1 and 2) 14. Oil and gas lease dated December l8, 1981 executed by Dave Baumgarmer and C�a BaumgaMer,as lessor, and Centennial Pevolwm,Inc., as less�, recorded Januaty 6, 1982 in Book 958, under Reception Number 1879090, Weld County Records, for a primazy term of 7Wo(2)years,and as long thereafter as oil, gas, other hydrocaTbons, or other minerals is produced from said land hereunder, or drilling or reworldng operations are conducted thereon. (Parcel2) 15. Terms,agreements, provisons,condiaons and obligations as contained in Surface Owna's Agreement by and belween Fagle Peak Fazms, Ltd., a Colorado Limi[ed Partnership and Union Pacific Resouras Company recorded September 2, 1992 in Book 1349 as Rxeption No.02302142. (Affects Parcel 1) 16. Terms, agrcements, provisions, conditions and obligations as contained in Agreement by and between Fagle Peak Aerms, Lld., and Lomi[a Operating Company recorded 7anuary 19, 1993 in Book 1367 as Reception No. 02318677. (Affects Parcel ]) 17. Easement and right of way for pipeline and other appurienances, as gran[ed to Snyder Oil Corporation by Fagle Peak Fazms, L[d., in Ihe instrument recorded Apri] 23, 1993 in Book 1380 as Reception No. 02330230, the location of which is shown in the map attached[o said insWmen[. (Affects Parcel 1) 18. Tecros, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and belween Pagle Peak Fazms, Ltd., a Colorado Limited Partnership and Snyder Oil Corporation recorded July 21, 1994 in Book 1451 as reception No. 02398575. (Affects Parcel 1) iz --- -r-- �� _ il I li SKLD LG SKL10922 WE 2476443-1996 . 012 � � 2476443 8-1532 P-316 02/14/96 03:37P PG 13 0P 29 19. Temis, agreements,provisions,conditions and obligauons as contained in Surface Owner's Agreement by and bctween Pagle Peak Farms, Ltd., a Colorado Limited pacv�ership and Union Pacific R�es Company remrded July 25, 1994 in Book 1452 as Rxepdon No. 02398961. (Affects Parcel 1) The following genernl nouces of wdeagound faciliGes have been filed pursuant to Section 9-1.5-103, C.R.S.: a) Mountain Bell Telephone Company,reroMe�Oc[obea 1, 1981 in Book 949 as Reception No. 1870705. b) Associated Natutal Gas, Inc., recorded July 20, 1984 in Book 1037 as Reception No. 1974810. c) Colorado Interstate Gas Company,recorded Augusl 31, 1984 in Book 1041 as Recepaon No. 1979784. d) Public Seivice Company of Colorado,ieoordad November 9, 1981 in Book 952 as Reception No. 1874084. e) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARC�G: Lot B of Racarded F�cempdon No. 1477-09-2RE1514, recorded Oc[ober I8, 1993 in Book 1407 as RecepUon No. 02355469, being a part of the NN'1/4 of Section 9, Township 1 Nmtfi, Range 63 Wes[of the 6th P.M., County of Weld, State of Colorado. Together with all and singulaz, the hereditamen[s and appurtenances there[o�belonging, or in anywise appertaining; including but not limited [o, any and all fixtures, all other homes and buildings,mobile homes, bams, fences, any and all easements, rights-of-way, or other rights of access ased in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and�water righis, ditches and ditch rights, rescrvoirs and reservoir rights, springs and spring rights, wells and well rights,both tributary and non-tributary and designated and non-designated, on, under, appunenant w,or used on the land herein described, including but not limited to the following: the water rights repmsented by Final Permit No. 31595-FP (formerly Pertnit No. 11587- R); and All interest in the Havylyn Irtigation District and water rights within said District associated with or appurtenant to the land described above. 13 �i � -_—__ . .___.__. _—._ . �l�i�l I E 7T-T- � 1 I ' SKLU I,G SKL10422 WE 2476443-1996 . 013 � � 2476443 B-1532 P-316 02/14/96 03:37P PG 14 0P 29 Including any and all easements and rights-0f-way as.cocia[ed with the watcr and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, dischazge of water from the Property, and storage of water off of the Property; and specifically including the irrigation well and easement and righ[of way on, across and under the Southwest Qua�ter(SW 1/4)of Sec:Uon 9, Township 1 North,Range 63 West of the 6th P.M., as reserved unto John W. Meyers, Ir., and William E. Phillips in a Warrnnty Deed recoTded December 13, 1979 in Book 890, Recepfion No. 1811818 for the irrigaflon well designated by Permit No. R-11587R (now Final Permit No. 31595-FP), together with permanent access for ingress and egress to said well on the existing easFwest fazm road to opente, repair, maintain, ce-0�ill and/or replace said well, the undaground pipeline from said well, which supplies water from said well to the Northwest Quarter (NWl/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., subject w provisions set out in above mentioned Wananty Ilced; and including all headgates,flumes,diversion shudums and measuring structures,pumps, motors and other pmpeny usad in delivering warer to the Pcope�tY and measuring water used on the Property; and Together with any and ail personal property, fixtures and other items used in conjuncdon with or associated with the foregoing property, and spacifically including all well pumps and irrigation equipment; and Toge[her with all minerals of whatever kind oz character, including but not limited to, all oil and gas and constiWents thereof,gravd, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquiied. Together with the rese�vations and excepfions from the conveyance from Fagle Peak Farms, Ltd., a Colorado limired partnerstuP, to William F. Kramer and Wsnda P. Kramer by a Warea�ty Deed dated November 12, 1993, and recorded on November 15, 1993, as Book 1412, Reception No. 02359735, of the books and records of the Weld County Clerk and Recorder, pertaining to the following described land: Lot A of Recorded ExempGon No. 1477-09-2RE1514,xewrded October 18, 1993 in Book 1407 as Receplion No. 02355469, being a part of the NW 1/4 of Section 9,Township 1 Nocth, Range 63 West of Ihe 6th P.M., County of Weld, State of Colorado. The reserva[ions and excepUons are more panicularly described as follows: p11 wyter and water rights,ditcl�es and di[ch rights,reservoirs and reservoir rights, springs and spring rights, wells and wel] righu, both tributary and non-tributary and designated and non-0esignated, on, under,appurtenant[o, or used on the following described 1aod, which is hereinatter referred to as "the Proper[y", which is described as the Northwest Quar�er(NW 1/4)of Saction 9,Township 1 North,Range 63 West of the 6th P.M., except the land described as 1-a A above, including but not limi[ed to the following: 14 __. _ -��1��Il��_ � _.-_... _.._� __ . ____.___"II� .I I I �, .. . SKLD LG SKL10422 WE 2476443-1996 . 014 � � 2476443 B-1532 P-316 02/14/96 03:37P PG 15 0F 29 The water rights�eptesarted by Final Permit No. 31595-FP(formerly Pemut No. 11587- R)issued by the Coloredo Ground Water Commission;-and All interest in the Henrylyn Irrigatlon District and water rights within said Distric[ associated with or appuctenant to the Property. Including any and all easements and rightsof-way�associated with the water and water rights, including,but na timited to,easements and rights-of-way for the cazriage of water [o [he Property, discharge of water from the Property, and storage of wa[cr off of the Property;and specifically including the irtigatlon well and easement and right-of way on, ecross and under the Southwest Quarter(SW I/4)of Section 9, Township 1 North, Range 63 West of the 6th P.M., as reserved unto John W. Meyers,Jr., and William E. Phillips in a Wazranty Deed recorded Decembcr 13, 1979 in Book 890, Recepbon No. 1811818 for the irrigation well designated by Perntit No. R-11587(now Final Permit No. 31595- FP), together with permanent access for ingress and egress to said well on the e�tisting east-west farm road to operate, repair, maintain, re-0rill and/or replace said well and the underground pipeline from said well which supplies irrigadon water to the Northwest Quarter(NW1/4)of Section 9, Township 1 North, Range 63 West of the 6th P.M., and is fu[ther set forth in said Warrenty Deed; and including all headgates, flumes, diversion shucRrtes and measuring struc[�res, pumps, motnrs and otha property used in delivering water to the Property and measudng water used on the Pmperty; Together with any ard all personal property, fizNres and ofha items used in conjunction with or associated with the Property, and specifically including al] well pumps and irrigation equipmen[. Gtantor fuither reserves and excepls from this conveyance a right-of-way and easement on and across the land conveyed by this Deed for ingress and egress to the Property. The land conveyed by this Dced may be trave�sed with vehicles of any type or description for the use and benefi[of Ihe Property. The property is subject[o[he following resVictions and limitations: . 1. Rights of way for county macls 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 Hook 86 at Page 273. 2. Right of wayand easement for "Enlargement of T'he D.A. Ford Reservoir No. 4" as evidenced by Statement filed Augusl 26, 1907 as No. 121990. Describes W 1/2 NWl/4 and NE1/4 of NWI/4, Section 9, Township I North, Range 63 Wes[of the 6th P.M. (with other lands). 15 _.._.__ __.__T_ V , � -� , SKLD LG SKL10422 WE 2476443-1996 . 015 � � 2476443 B-1532 P-316 02/14/96 03:37P PG 16 OP 29 3. Reservations by the Union Pxific Railroad Company of(1)all oit, coal and other minerals undulying subjact property, (2) the ezclusive right to prospect for, mine and remme oil,coal and other minerals,and(3)the right of ingress and egress and regress ro prospect for, mine and remove oil, coal and other minerals, all as contained in Dead recorded November 29, 1907 in Book 233 at Page 128,and any interests Nerein or rights thereunder. 4. Fasement and right of way for taitroad puiposes, as gcanted to Tbe Chicago, BurlingKon&Quincy Railroad Company by Charles B. Christy, in the instrument m,�wrded July 9, 1925 in Book 779 as Reception No. 465364, affecting the following described property: A strip of]and 50 feet wide on the Westerly side of and adjoining the center line of the beet spur track of the tailroad of said reilroad company as now surveyed, over and across the El/2 of the Wi/2 of Section 9, Townslvp 1 North, Range 63 West of the 6th P.M., and a strip of land 50 fee[wide on the P.asterly side and-adjoining said cen[er line of the reilroad over and across the Wl/2 of the NEl/4 of said Section 9. I[ is also stipulated that if this land hereby conveyed shal] cease to be used for railroad puzposes in that even[it shall revert[o this grantor. 5. Easement and right of way for road pucposes, as granted to Weld County, Colorado by Fred Durbin,in the instrumrnt mcoided March 25, 1931 in Book 911 at Page 64,affecting 1he following described property: A slrip of ground 10 fcet wide it being all of the South 10 fett of the North 40 feet of the NU2, Secdon 9, Township 1 North, Rznge 63 West of[he 6th P.M. 6. Terms,agreements,provisions, conditions and obligations as conlained in Surface Owner's Agreement by and be[wcen Fagle Peak Farms, Ltd., and Union Pacific Resources Company recorded May 22, 1992 in Hook 1337 as Raxption No. 02288934. 7. A 30 fee[ wide access, utility, water well and water line Fasemen[ over the Northwesterly poriion o(subject property as-shown on Recorded Facemption No. 1477-09-2-RE1514, recorded October 18, 1993 in Book 1407 as Recepuon No. 02355469. PARCEL H: 'lhe West One-flalf(W 1/2) of Secfion 35, Township 2 North, Range 63 West of the 6th P.M., in Weld County, Co)orado. 16 _- -lfli i I F __ - � - ---�_--�'_ SKLD LG SKL10422 WE 2476443-1996 . 016 � � 2476443 B-1532 P-316 02/14/96 03:37P PG 17 OP 29 Together with all and singulaz, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixNres, fences, any and all easements,rights-of-way,or other righis of acoess used in conjunction with the Property, any and all growing crops, traes, and shn�bbery; and TogeAher with all water and water rights,ditches and ditch rights, reservoirs and rescrvoir rights, springs and spring rights, wells and well rights,both tributary and non-[ributary and designa[ed and nonilesignated, on, under, appur[enant to, or used on ihe lands herein described, inc]uding but not limited to the following: the water rights represented by Well Permit Nos. 1771-FP (formerly 1771-R), 1772-FP(formerly 1772-R), 1773•FP(formerly 1773-R)and 1774-FP(formerly 1774-R); and all interest in ihe 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 [he water and watet rights, including, bu[ not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Proper[y, and storage of water off of the Property; and including atl headgates, flumes, diversion strucnves and measuring struc[ures, pumps, motors, meters and other property used in delivering wa[er to the Property and mcasuring water used on the Property; Together with any andall pecsonal property, fixlures and other items used in conjunction with or associated with [he foregoing property, and specifically including all well pumps and 'uriga[ion equipmw[; Together with all minerals of whatever kind or character, now owned or hereafrer acquired, including but not limited to, all oil and gas�and constituents thereof, gravel, sand and wal, in, under and upon or ihat might be produced from the described lands. The property is subject to the following reslrictions and limitations: I. Rights of way for cpunty roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld Cnunry, �acorded October 14, 1889 in Book 86 at Page 273. 2. Reservation of nght of way for any ditches or canats wnshvcted by authority of the United States, in U.S. Patent rerorded Septemba l2, 1916 in Book 385 at page 185. i� -�T�f[�?�-� - �T - � -�, I TT1- SKI,D LG SKL10922 WE 2976443-1996 . 077 � � . 2476443 S-1532 P-316 02/14/96 03:37P PG 18 OF 29 3. Pasement and right of way for an electric transmission line and other appurtp�anoes,granted to the Unikd States of Amerip by'Ihe Weicker Imestment Company, a Colorado CoTpordtlon by inshument rxorded December 6, 1944 in Book 1145 at Page 353, in which the specific locatlon of the easement is not defined. (Affects the NWl/4 NWl/4 of Section 35) 4. Easement and right of way for a right of way 60 feet in width located in [he SW1/4SW1/4 Section 35, Township 2 North, Range 63 West, g:anted to Phillips Petroleum Company by Weicker Investment Company by instrument recorded Mazch 24, 1975 in Book 735 as Reception No. 1656542, in which the specific locatlon of the easement is not defined. (Affecu the SW 1/4 SW I/4 of Sectlon 35) 5. Oil and gas lease beiween Fagle Pealc Farms, Ud.,a Colmado Limited Partnership and 1. Michael McGhce dated Decembet 13, 1993, recorded June 15, 1994 in Book 1446.as Reception No. 02393566, and any interests therein or rights thereunder. PARCF.i.I: Parcel 1: 71�e Nl/2 of the NEl/4 and the SWl/4 of the NEl/4 of Secflon 32, Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado EXCEPI'Ne Fast 15 fcet of the SWl/4 of the NEl/4 thereof. Parce12: 'ILe S I/2 of Section 33, Township 2 North, Range 63 West of the 61h P.M., in Weld County, Colorado Parcel 3: The NEl/4, the W 1/2 of the SEl/4 and the SEl/4 of the NW 1/4 of Section 4, Township 1 North, Range 63 West of the 6th P.M., in Weld County, Colondo EXCEPTING THEREFROM a parcel of land wnveyed by dced recorded September 2, 1948 in Book 1233 at Page 516, described as follows: BEGINNING at a point 47.6 feet Pact and 30 fat South of the Northwest Corner of said �NEI/4 of said Section 4, said point�being the intersecUon of Sou[h boundary line of County Road and Fast right of way line of the Cfiicago, Burlington&Quincy Railroad; thence N88°54'E on said South boundary line of said County Road, 110.02 feet to a point; thence South parallel with said Fas[righ[of way line of said Railroad, 1121.7 fcet ro a point; thence SS1°55'W, 139.75 feet to a poin[on said East right of way Gne of said Railroad; thence North on said East right of way line of said Railroad 1210.0 feet to the POINT OF BEGINMN�. is __—��fla[Ai�fG'G-Ti—T I -- —_ .�f�1T__ — SKLD LG SKL10422 WE 2476443-1996 . 018 � � �2476443 B-1532 P-316 02/14/96 03:37P PG 19 OF 29 EXCEP'I'ING 1'HFREFROM parcels of land as conveyed by deeds recorded in Hook 779 at Pages 231, 246 and 389. And specifically including, but not limited to, a parce] of land located in Ihe Northeast Quarter (NEl/4)of the Noitheast Quarter(NEl/4)of Secdon 4, Townstup I North, Range 63 West of the 6ih P.M.,wfiich parcel is more particularly described as follows: A 10 foot by 10 foot hact of which the Noitheast comer thereof lies 206 feet South and 54 fcet West of the Northeast corner of Section 4,Township 1 Noith, Range 63 West of the 6th P.M., Weld County, Colorado. Together with fie easement and right of way associated with said pazcel, all of which is set forth in the Pasement recorded March 22, 1984 in Hook 1024, Recepdon No. 1960174 with the Cluk and Recorder of Weld County. Together with all and singular,the hereditaments and appurtenances iherew belonging, or in anywise appertaining; including but not limited to,�any and all fiztures, fences, any and all easements, rights-of-way, or o[her rights of access used in conjunction with the Property, specifically including, but not limited [o, all righl and interest in the Agreement dated June 7, 1951 between Fcank A. Neill and Rispah A. Neill, Clarence O. Bymes and Annie Faye Bymes, and H. E. Crow, recorded August 13, 1951 in Book 1309, Page 220, Reception No. 1112303 with the Clerk and Recorder of Weld County, and[he Agreement dated June 7, 1951 be[wcen Clazence O. Byrt�es and Annie Faye Bymes,and H. E. Crow, recorded August 13, 1951 in Book 1309, Page 27A,Reception No. 1112304 with the Clerk and Recorder of Weld County;and any and all growing crops, trees, and shnrbbery; and TogGt�er with all water and water rights,ditches and ditch rights, rescrvo'us and reservoir righu, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenan[to, or presendy used on the land herein described, including but not limited to the following: The water rights tepmsented by Final Permit No. 31654FP, formedy Well Permit No. 16248-R; the water rights represented by Pinal Pemtit No. 31653-FP, formerly Well Permit No. 16247-R; the water rights reptesented by Final Permit No. 31652-FP, formerly Well Permit No. 16246-R; the watet rights represented by Final Permit No. 31612-FP, formedy Well Permit No. 12315-R; the water rights represented by Fina1 Permit No. 3I53�FP,formedy Well Pemtit No. 4548- R; the water rights represented by Final Permit No. 1730FP, formerly Well Permit No. R-1730; the water rights represented by Final Pernti[No. 1731FP, formedy Wel] Permi[No. R-1731; The watcr rights represented by the small capacity, domestic wells designa[ed by Peimit Nos. 17940,2598 and 22455, and the addiaonal, smatl capacity, domesdc 19 . _ I��I��uN��'� ��o � � _ _ . � __ ..� __�-_-�_ . . .. SKLD LG SKL10422 WE 24%64�13-1996 . 019 � � 2476443 B-1532 P-316 02/14/96 03:3�P PG 20 OP 29 well loca[ed on the Pazcel 2 described above, and the additional, small capacity, domes6c well located on the Pazcel 3 described above; and All intemst in ihe Henrylyn Imgation DisUict and water rights within said DisVict associated with or appurtenant to the land described above. Including any and all easements and rightsrof-way assceia[ed with the water and water rights, including, but not limited m, easements and rights-of-way for [he carriage of wa[er to the Property, discharge of water from the PropeRy, and storage of water off of the Property; and spectiiically including,but nvt limited to,an easement approximately twenty(20) feet in width for a pipcline and ditch from ihe well designatad by Final Pertnit No. 31612-PP (formerly Permit No. 12315-R),which is loca[ed in the Northwest Quaz[er(NW U4)of the Sou[heast Quarler(SEll4) of Section 33,Township 2 North, Range 63 West of the 6th P.M. to the North Half(Nl/2)of the Northeast Quarter(NEl/4)and Southwest Quarter(SWI/4)of the Northeast Quarter(NEll4)of Saction 32,Township 2 North, Range 63 West of the 6th P.M., which easemen[is approximately described as follows: Begwung at a point near the Northwest comer of the Southwes[Quarter(SW I/4) of Sxtion 33,Township 2 North, Range 63 West of the 6th P.M., then West into the Northeast Quarter (NE1/4) of the Souffieast Quarter (SE1/4) of Secdon 32, Township 2 North,Range 63 Wut of the 6th P.M., then North into the Southeast Quarter (SE]/4) of the Nor[heast Quarter (NE114) of Section 32, Township 2 Nocth,Range 63 West of the 6th P.M.,and pacallel to the East section line of said Sec[ion 32 and West of Weld County Road 65, to a point near the Past quarter wcner of ihe Nortlxast Quarrer(NE1/4)of said Section 32, which point is located on the Fast West centerline of the Northeast Quarter(NEll4)of said Section 32. The approximate locadon of the easemen[ is mazked as "A" on Ezhibit B to a Genecal Wazranty Dead recorded ai March 23, 1990 at Book 1259, Reception No. 02208805; And also specifically including, but not lirtti[ed lo, [wo easements approzimately[wenty (20)feet in width for a pipeline and difch from the well designated by Pinal Permit No. 31654-FP (formerly Permit No. 16248-R), which is located in the Northeast Quarter (NEl/4) of the Nonheast Quartcr(NEI/4)of Sxtion 4, Township I North, Range 63 West of the 6th P.M., to the SouN flalf(S1/2)of Saction 33,Township 2 North, Range 63 West of ihe 6th P.M.; and one easement is approzimately described as follows: 'fhe easemen[is across Weld County Road 14 and located at a point beginning West approximauly 300 feet from the Northeast corner of the Northeast Quarter (NEl/4)of Section 4,Township 1 North, Range 63 West of the 6th P.M., thence approzimately 100 fee[ North. 1'he approximate locauon of the easement is marked as "B" on Fachibit B to a Genecal Warranry Dced recorded on Mazch 23, 1990 at Book 1259, Reception No. 02208805; 20 —_ . ____ T _ __.��i� ._._ .. �� _ _. .- I I SKL17 1,G SKL10422 WE 24-76443-1996 . 020 � � ' 2476443 B-1532 P-316 02/14/96 03:37P PG 21 OF 29 and the other easement is approzimately described as follows: The easement crosses Weld County Road 67 and is located at a point beginning South approximately 300 feet fmm the Northeast comer of the Norlheast Quazter (NEl/4)of Section 4,Township 1 North, Range 63 Wut of the 6th P.M„ thence Fast approximately 100 fat into ihe Northwest Quarter (NW]/4) of Secfion 3, Township 1 North, Range 63 West of�he 6tt�P.M., thence North approximately 250 feet, thence Fast approxirt�ately 200 faet, thence North approximately 300 fcet into the Sou[hwest Quarter(SWl/4)of Section 34,Township 2 North, Range 63 West of the 6th P.M., thence Northwest approximatcly 400 feet, thence Nor[h approximately 1450 feet, thence Northwest appro�cimately 300 feet across Weld Counry Road 67 to the South Half(Sl/2)of Section 33, Township 2 North, Ranga 63 West of the 6th P.M. The appro�cimate location of the easement is marked as "C" on Fshibit B to a General Warranty Deed recorded on Mazch 23, 1990 a[ Book 1259, Receplion No. 02208805; and including all headgates, ftumes,divecsion structures and measuring structures, pumps, motors, meten and other property used in delivering water to the Property and measuring water�sed on the Property; Togethu with any and all personal property, futures and other items used in conjunction with or associated with the foregoing propeRy, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or charaMer, including but not limited to, all oil and gas and consdtuents theieof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereaftcr acquiral by the GFantor, subject to the restrictions and limitations hereinaficr described. Any and all water and water righu as.9ociated with Final Pertnit Nos. 31572-FP(foimerly Permit No. 10046R) and 31573-FP (formerly Permi[No. 10047R), which wells are permi[ted under the name of Julius A. Pluss, located in the Northeast Quarter(NEl/4) of the Southwest Quarter(SW 1!4)of Section-4,Township 1 North,Range 63 West of the 6th P.M., and permitted to irrigate.lar�d including part of the Nonhwest Qnazta(NW 1/4)of Sxtion 4, Township 1 North, Range 63 West of the 6th P.M. 'fl�e property is subject to the following restrictions and limitafions: 1. Rights of way for County Roads thirty (30) feet wide nn each side of seaion and township lines,u establishad by Order of Ne Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 21 _. ._._. . I -___�__ _. .._ ._T i i SKLD LG SKL10422 WG 2476493-1996 . 021. � � 2476443 B-1532 P-316 02/14/96 03:37P PG 22 OF 29 2. Reserva6ons made by the Union Pacific Railway Company in deed recorded September 30, 190'1 in Book 233 at Page 117, and any and all assignments thereof or interesu[herein, providing substantially as follows: Reserving unto said Company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right ro prospect and mine same, also such right of way and other grounds as may appear nxaysazy for proper worldng of any coal mines that may be developed upon said premises, and for transportation of coal from same. (Affects Sl/2 of Section 33) 3. Reservation of right of way for any ditches or canals constructed by authoriry of Unired States, in U.S. Patent recorded June 25, 1915 in Book 385 at Page 115(Affects SE1/4 NW 1/4,NWl/4 SEl/4, SWl/4 NEl/4 and Lot 4 of Sec6on 4); recorded Ocrober 27, 1920 in Sook 460 at Page 132 (Affects SEl/4 NW l/4, Lot 3 of Section 4);' recorded November 24, 1928 in Book 677 at Page 209(Affects Nl/2 NEl/4 and SW l/4 NEl/4 Section 32);reco�+ded December 5, 1919 in Book 507 at Page 467(Affects SW 1/4 SEl/4 Secuon 4) 4. Right of way for the Low line I�te�al as granted to the Henrylyn Irrigadon Districl by Ik�ad recorded�November 23, 1926 in Book 814 at Page 157. (Affects S1/2 Section 33) 5. Terms,agreements, provisions, conditions and obligations as contained in Agreement by and between Frank A. Neill, Rispah A. Neill, Clarence O. Bymes,Annie Faye Bymes and H. E. Crow recorded August 13, 1951 in Hook 1309 az Page 220. (Affects Wll2 NE1/4 and NEl/4 NEl/4 Section 32) 6. Terms,agreements,provisions, conditions and obligations as contained in Agreement by and benveen Clacence O. Bymes, Annie Fay Bymes and H. E. Crow recorded August 13, 1951 in Book 1309 at Page 224. (Affec[s W U2 NEll4 and NEI74 NEl/4 Section 32) 7. An undivided 'h in[erest in and to all of the oil, gas, coal and olher mineals in and under and that may be produced from tt�e above described land, [ogether with the right of ingress and egress a[ all times for the putpose of mining, drilling and ezploring said land for oil, gas, coal and other minerals and removing the same therefrom, as reservcd by Clarence O. Bymes and Mnie Faye Byrnes in the Deed recorded November 28, 1951 in Book 1317 at Page 585, and any intemsts thetein or rights thereunder. (Affects W U2 NEI/4 and NEl/4 NEl/4, Sxflon 32) 22 _ ._.'lllll�'106R IB'T�f�'T-_ � - __ _ ;. _.I �_�.�_ :;KLu LG SKL7042.2 WG 2A76443-1996 . 022 • ! 2476443 B-1532 P-316 02/14/96 03:37P PG 23 OP 29 8. An undivided 1/4 in[eres[in and to[he minerals of every kind and nature in and under said lands, subject to the rights of ingress and egress at all ames for the puipose of mining and romoving the same therefrom as teserved by&]�el R. BobbiC in the Deed recorcled January 4, 1952 in Baok 1320 at Page 218, and any interest therein or rights thereunder. (Affxts W 1/2 NEl/4 and NEl/4 NEl/4 Secdon 32) 9. Seasonal Ir[igaflon Well Power Contract, between H. W. Young and Mmgan County Rival Flactric Associadon, recorded Pebruary 16, 1955 in Book 1412 at Page 8 and in Hook 1412 at Page 10. (Affects SE]/4 Section 33) 10. 'Ihe Mineral Estate(including all oil and gas rights)and ihe right of ingress and egress therefrom and ihe righ[of cemoval therefrom, as reserved by Robetta Hawn in the Dced �ernrded January 2, 1968 in Hook 589 as Receptlon No. 1511424, and any interests theiein or righis thereunder. (Affects Wl/2 NEl/4 and the SWl/4 NWl/4, and NVVl14 SEl/4 and SWIl4 SEI/4 3ection 4) 1I. An undivided �fi interest in and to all oil, gas and other minerals in and under the surface of said land, with the right of ingress and egress to prospect for and rertwve the same as Ieserved by Theodore Zimbelman and Esther A. Zimbelman in ihe Deed reoordad Nwember 6, 1969 in Baok 617 as Recepuon No. 15339015, and any interest therein or rights thereunder. (Affxzs EI/2 NEI/4 Section 4) 12. Right of way W lay, maintain, inspec[, replace, erect, operate and romove a pipe line or pipe lines as granted [o Phillips Petroleum Company by instrument dated September 20, 1974, recorded October 8, 1974 in Hook 724 as RecepRon No. t646291. (Affects NEl/4 and Wl/2 SEl/4 of Sectlon 4) 13. Right of Way asemen[ 16.5 feet wide to wnstruct, operate, maintain and remove communication and other facilities as granted to 'I7�e Mountain States Telephaie and Telegraph Company by insWment dated October 25, 1974, recorded Novem6er 11, 1974 in Book 726 as Reception No. 1648284, over and across the following described property: The South 16S fcet of the North 46.5 fcet of the NU2 of the NEl/4 of $ection 32,Township 2 NoRh,Range 63 West of the 6th P.M., which strip is South of,pazallel to,and abutting the South Right of Way line of County Road Number 16. 23 (� _ .___ . I .I: i , � .I. .... � ._-. - _.� I ! I� SKLD LG SKL10422 WE 2476443-1996 . 023 � � 2476443 B-1532 P-316 02/14/96 03:37P PG 24 OP 29 14. All of the coal,oil,gas, casinghead gas and all ores and minerals of every kind and naturo underlying the surfacc of the realty herein COnveyed, together with the full right, privilege and license at any and all tlmes to exploro, or drill for and to protec[, conserve, mine, take, remove and market any and all such products in any mannez which will nol damage s[ructurcs on the surface of Ne realty herein conveyed, as reserved by Budington No[them Ine., successor in interes[to Chicago, Burlington & Quincy Railroad Company, in Dad racorded June 12, 1981 in Book 938 as Rocepaon No. 1860423,azd any end al1 assignments thereof or interests therein. (Affects the Fasterly 'h of Burlington Northem Inc.'s 100-foot wide Tampa Bcet Spu right of way, now romoved, lying within the SEl/4 of Saction 4,Township 1 North, Range 63 West of the 6th P.M.; also, all of ihe 100-foot wide right of way, being 50 feet wide on each side of the tnck center line of Burlington Northern [nc.'s Tampa Beet Spur right of way, now removed, lying within the S1/2 of Section 33, Township 2 North, Range 63 West of the 6N P.M.) 15. Oil and gas lease between Fagle Peak Farms, Ltd., a Colorado Limited Partnership and]. Michael MeGhee dated December 15, 1993, recorded ]une 15, 1994 in Book 1446 as RacepUon No. 02393564, and any interests therein or righu thereundu. (Affecu Pazcel 3) 16. Oit and gas Iwse between Fagle Peak Farms, Ltd., a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, �ecorded Iune 15, 1994 in Book 1446 as Recepdon No. 02393566, and any interests therein or rights thereunder. (Affects Parcel 1) 17. General notices of underground�facili6es pursuant to Section 9-1.5-103, C.R.S. (a) Mountain Bell Telephone Compeny, recorded October 1, 1981 in Book 949 as Recepdon No. 1870705. (b) Colo�ado Inteesstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. I979784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Recepdon No. 2175917. (d) PubGe Service Company of Colorado, recorded November 9, 1981 in Book 952 as Rectption No. 1874084. (e) Westem Slope Gas Compar�y, recorded March 9, 1983 in Book 990 as Recepdon No. 1919757. (�Westem Gas Supply Company, raorded April 2, 1985 in Book ]063 as Reception�No. 2004300. 24 . . .- IIIII.IIIQ,ITII.I,li �� i � � .�__'- --� . _ _ - SK7.,D I,G SKL10422 WE 2476943-1996 . 024 � � � � 2476443 B-1532 P-316 02/14/96 03:37P PG 25 OF 29 PAR .F.i. e Parccl 1: The North Half(Nl/2)of the SouNwest 1/4(SWl/4)of Section 23,Township I North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, excepting therefrom a parcd of land conveyed by deed rxorded 7une 6, 1922, in Book 622 at Page 428,being more particulazly described as follows: The West 70 feU of the Noith Ono-half(Nl/2) of the Southwest Quarter(SWl/4)of SeGion 23, Township l Notih, Range 63 West of the 6th P.M.; and including a part of the Southeast Quarter(SEl/4) of Sectlon 23, Township 1 NoRh, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colocado, described as follows: Beginning a[the Southeast corner of said Section 23; Thence North 89°29'25" West on an assumed bearing along the South line of said Southeast Quarter (SEl/4) of Section 23 a distance of 2550.07 feet to the Tcue Point of Beginning; Thence North 00°00'26" East a distance of 458.88 fcet; Thence North 38°58'24" East a distance of 302.37 fee[; Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" Fast a distance of 68.05 feet; 1'hence North 00°58'18" Past a distance of 288.73 feet; Thence North 89°52'16" East a distance of 703.17 fcet; Thence North 41°37'17" Fast a distance of 463.27 fcet; Thence North 29°29'28" Fast a distance of 444.53 feet; Thence No[th 06°15'18" West a distance of 170.87 feet; Thence No[th 54°21'45" West a distance of 342.34 feu; Thence North 30°16'42" West a�distance of 337.95 feet to the North line of said Southeas[Quarter(SEl/4); Thence North 89°38'54" West along said North line a distance of 1382:86 fcet to the center of Secdon 23; 'Iha�ce South 00°17'11"West along the West line of said Southeast Quarter (SEIl4) a distance of 2640.48 feet to the South Quarter (S1/4)comer of said Section 23; 1'hence South 89°29'25"Fast along the South line of said Southeast Quarter (SEl/4) a distance of 302.00 fcet W the Tme Point of Beginning; which parcel contains 61.242 acres more or]ess; Together with a non-exclusive common access road easement, which may be used by persons and vehicles of any lype and description and at any tlme fo� any putposes acvociated with the use of[he foregoing property, and which is described 25 __. __��i — . . _ ��Y IWI!IY lill L i.l T � � �-- -- >K],D [,G SKL10922 WE 2476993-1996 . 025 � � 2476443 8-1532 P-316 02/14/96 03:37P PG 2fi OP 29 as that par[of ihe Southeast Quarter (SEl/4) of Seclion 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as: Beginning at the Southeast comer of said Sxtion 23; Thence North 89°29'25" Wes[on an assumed bearing along the Sou[h line of said 3outheast Quarter (SEl/4) of Secflon 23 a distance of 2550.07 fcet w the True Point of Heginning; 7'hence North 00°00'26" East a distance of 458.88 fcet; Thence North 36°58'24" Past a distance of 302.37 feet Thence North 55°13'29" Fast a distance of 355.44 feet; T'hence North 40°48'48" East a distance of 68.05 fcet; Thence North 00"58'18" Fast a distance of 288.73 fcet; Thence North 89°52'16" East a distance of 703.17 feet; Thence North 41°37'17" East a distance of 463.27 feet; Thence North 29°29'28" East a distance of 444.53 feet T'hence North 06°l5'18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 fcet; Thence North 30°l6'42" West a distance of 337.95 feet to the Norlh line of said Sou[heast Quarter(SEl/4); Thence 3outh 89°38'54" Eas[along said North line a distance of 34.86 feet; 7'hence South 30°16'42" East a distance of 313.79 fcet; Thence South 54°21'45" East a distance of 349.33 feet; Thence South 06°IS'18" East a distance of 193.93 feet; Thence South 29°29'28" West a distance of 45739 fcet 1'hence South 41°37'17' West a distance of 466.49 feet; Thence South 89°52'16" West a distance of 695.90 feet; Thence South 00°S8'18" West a distance of 280.18 feet Thence South 40°48'48" West a distance of 82J1 fcet 1'hence South 55°13'29' West a distance of 354.95 feet; 1'hence South 38°58'24" West a distance of 287.47 fcet Thence South 00°00'26" West a distance of 448.53 feet to said South line of the Southeast Quarler(SEll4); Thence North 69°29'25" West along said South line a distance of 30.00 fee[to the Tne Point of Beginning. And subject to (1) [he reservaUons and exceptions contained in a Deed recorded on September 19, 1908, in Hook 233,Page 164;and(2)an easement and right of way on the Soulh 30 feet thereof for Weld County Road 6; 26 _. _ . I . -.- I .._—__.. . .___ _ �I _...I�... .- SKLU LG SKL10422 WE 2476443-1996 . 026 � � � 2476443 &-1532 P-316 02/14/96 03:37P PG 27 OF 29 (3) Bowles Reservoir, and any and all righ[s of way therefore, as evidenced by Map and Statemrnt filed lanuary 6, 1913 u Filing No. 184082 (Affects SI72SE!/4 of Pazcel l); (4) Scrafford Di[ch, and any and all rights of way thuefoie, as evidenced by instrument filed in the office of Clerk and Racorder far Weld Coanty (Affects NW1/4SE1/4, S1/2SE1/4, and NEl/4SW1/4 of Pazcel 1); (5) Tertns, agrcemen[s, provisions, conditlons, obligations and psemen[s as contained in Agrcement by and between Fagle Peak Farms, Ltd. and Lomita Operating Company recorded January 19, 1993 in Book 1367 as Recepdon No. 02318677; (6) Terms, agreementt, provi�ions, conditions and obligabons as contained in Surface Damage Agrcement between Eagle Peak Farms, Ltd. and Snyder Oil Cotporabon as evidenced by Memorandum recorded July 21, 1994 in Book 1451 as Recepuon No. 02398575. The parcel is also subject to an Order of the Board of Counry Commissioners for Weld County, recorded October 14, 1889 in Book 86, Page 273. All in Weld County, Coloredo. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limi[ed to, any and all futures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rightsof-way, or other righu of access used in conjunction with lhe Praperty, any and all growing crops, trees, and shrubbery, and specifically including the following items. Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both[ribulary and non-tributary and designa[ed and non-designated, on, under, appurtenant to, or used on the]and herein described, including bu[not limited[o the following: All righ[to the wa[er from[he Henrylyn Irrigatlon Disvict fm�the above property; and The water and water rights represented by[he following Well Permits issued by the State Engineer and ihe Colorado Ground Water Commission: Pinal Well Permit No. 31542FP, former Permit No. 5945R, issued on May 22, 1967, with a prioriry dace of)uly 29, 1964; 27 i� I I�TfIT�TT�T I 7 -�i-Tr-_ _ SKLU I.G SKL10422 WE 2476443-1996 . 027 � � ' 2476443 �1532 P-316 02/14/96 03:37P PG 28 OP 29 Final Well Permit No. 31643FP, fortner Permit No. 14859R, issued on May 22, 1987, with a priority date of June 8, 1946; Final Well Permit No. 14860FP, former Pertnit No. 14860R, issued on May 22, 1987, with a priority date of May 20, 1954; Well Permit No. 85443, accepted on August 16, 1976; and Well Permit No. 63418, issued on August 21, 1972; along with any other wells and water rights used to irrigate the above properties or for domestic pucposes on the above properties, and expressly including the water and waler right associated with Final Well Permit No. 31542 to the extent the water and water right was usad to iaigate che South Ono-half(Sl/2)of Section 23, Township 1 North, Range 63 West of the 6th P.M. Including any and all easements and rights-of-way associa[ed with ihe water and wa[er rights, including, but not limi[ed [o, easements and rights-0f-way for the carriage of water to the Property, dischazge of water from the Property, and storege of water off of the PropeRy; and including all headga[es, flumes,diversion shvcturcv and measucing sWctures, pumps, meters and other property used in deliveaing wa[er to the PropeAy and measuring water used on the Property; including the easement for a well,pipelines and olher facilities, in the Northeast Quarter(NEl/4) of Sxtion 27, Township 1 North,Range 63 West of the 6th P:M, pursuant to a dced recorded on June 12, 1972 in Book 669, Reception No. 1551374, which provides, in part, as follows: �$�$with I[rigation Well No. 5945-F registered with the State Engineer of the Statc of Colorado, located in the NEI/4 of Seclion 27, Township 1 Noith, Range 63 Wes[, with a righ[ [o drill a new replacement well, if needed and if approved by State Engineer in NEl/4 of said Sation 27 within 300 feet of said present well, with the pumps and motors and all pipelines appurtenant thereto for conveying watu frnm said well site to the above-demised land and w Sl/2 SWl/4 of Section 23,Township 1 Nmth, Range 63 West, T �OCF�THRR with an easement for said pipelines one rod wide across said NEl/4 and across NWl/4 Sec. 26 in said Township and Range; and including all rights[o the foregoing easement as described in the Quit Claim Deed recorded on 7une 4, 1984 in Rook ]032, Raception No. 01969206; and Together with any and all personal property, fix[ures and other i[ems used in conjunction wiN or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and 2E ��.T�- � T IT1� � __ .. SKLU LG SKL10422 WE 2476443-1996 . 028 • � 2476443 B-1532 P-316 02/14/96 03:37P PG 29 0F 29 Together with all minerals of wtiatever kind or chazacter, including bu[not limited to, all oil and gas and constituents thereof,gtavel, sand and coal, in, under and upon or tha[might be produced from the described lands, now owned or hereafter acquired. Together with all right, tiUe and interes[in the foregoing property or adjacen[property acquired by adverse possession, prescrip6on, grant, giR or ocher claim, including, but not limited ro all right, ritle and interest in the following property: 1. A pazcel of land comeyed by deed recorded June 6, 1922, in Book 622 at Page 428, being more pazticularly described as follows: The West 70 feet of the North One-half(N1/2)of the Southwest Quarter(SW l/4) of Sxuon 23, Township 1 Nonh, Range 63 West of the 6th P.M.; 2, A parcel of land in the Northwest Quarter(NWl/4)of Sec4on 34, Township I North, Range 63 West of the 6th P.M., more particularly described as follows: Beginning at[he Northwest comer of said Section 34, and conside[ing the North line of said Sceuon 34, as bearing North 89°51'58' Fast, with all other bearings contained herein rela[ive�therelo; Thence North 89° 51'58" East, along the North line of said Secrion 34, 980.88 feet to the 77ue Point of Beginning, Thence wntinuing North 89°51'58" Fast, along the North line of said Secdon 34, 435.60 feet Thence South 00°08'02" East, 100.00 feet; Thence South 89°51'58" West, 435.60 feet; Thence North 0008'02" West, 100.00 fcet to the True Point of Beginning. 3. A Permanent Pipeline Right-O6Way Gran[, recorded on January 22, 1981, in Book 926, Recepdon No. 1847661. ¢, p two-s[ory white clapboard Ranch House si[uated on a portion of the South Half (Sl/2)of the Southwest Quazta(SW 1/4)of Section 23, Township 1 North, Range 63 West of the 6th P.M.; Ezclusive of ground on which house is placed. 29 .. __ ..� -_...._� II� � SKLD LG SKL10422 WE 2476443-1996 . 029 . i � ��I 11�� (�� 3200671 07120I2004 o6:01P Weld Caunry, C0 1 of 7 R 36.00 D 9.41 Stave Moreno Clerk S Recorder Warranty Deed 5� (Parcel F and FA) �4- This Deed,made this lq� day of July,2004,between Prospect Valley Farms, Ltd., a Colorado limited partnership, as grantor("Cttantor"), 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 gantee("Grantee"). Witnesseth,that Grantor, for and in consideration of the sum of Ni�ety-Four Thousand One Hundred Six Dollazs($94,106)and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,has granted,bazgained, sold and conveyed, and by these presents does gant,bargain, sell, convey and confitm unto Grantee, its successors and assigns forevcr, all ihe real property, together with improvements,if any, situate, lying and being in the County of Weld, State of Colorado,described as follows: See F.xhibit A attached hereto and incorporated herein. Together with all and singular the hereditaments and appurtenances thereunlo belonging, or in anywise appertaining and the reversion and reversions,remainder and remainders, rents, issues and profits thereof,a�d all Ihe estate,right, title, interes[, claim and demand wha[soever of Grantor, either in law or equity, of, in and to the above bazgained premises,with the hereditdments and appurtenances. To Have aod to Hold the s�id 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,gran[,bargain ar�d agee to and with Gran[ee, 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 indefeasib]e estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to gant,bargain, sell and convey the same in manner and form aforesaid, and that the same are Gee and cleaz from all former and other grants,bazgains, sales, liens,taxes,assessments, encumbrances and resirictions of whatever kind or nature whatsoever,e.rcept 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-bazgained 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 �� `rr �933 SKLD LG SKL10422 WE 32005%7-2004 . 001 i iiiiii iiiii iiiii iiiiiii iiii iii�iii iii iiiii iui �iii • 3200677 07120/2004 06:01P Weld County, CO 2 01 7 R 36.00 D 9.41 Sleve Moreno Clerk 3 Recorder In Wit�ess Whereof, Grantor has executed this Deed on the date set forth above. Prospect Valley Farms, Ltd., a Colorado 1' ited partnership By: Walra e . etellapper, General Partner STATE OF COLORADO ) ) ss. CITY & COlJN7'Y OF ROULDER ) The foregoing inskvtnent was acknowledged before me [his �day of July, 2004, by Walraven F. Ketellapper, General Partner of Prospect Vallcy Farms, Ltd., a Colorado limited partnership, on its behalf. Witness my hand and officiai seal. My commission expires: ��. �,� � Notary h ic ;. ..., .. - " ;, 2 SKLD LG SKL10422 WE 3200577-2004 . 002 � �iuii • I IIIIII IIIII IIIII IIIIIII IIII IIII Iltllll 111 Illll il 3 oi 7 R�•� �9•41 8teve Morena Cle�k& Resub�xhibit A to Warranty Deed (Parcel F and FA) (Lega] Description) PARCEL F A PARCEL OF LAND LOCATED IN A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 22,TOWNSHIP ] NORTH, RANCG 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 22, TOWNSHIP 1 NORTH, RANGE 63 WrST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR S00°36'38"E A DISTANCE OF 2633.14 FEET. MONUMENTED BY A 3-1/4" ALUMINUM CAP STAMNED"DEPARTMENT OF HIGHWAYS PLS 12374"AT THE NORTHEAST CORNEK OF THE SOUTHEAST ONE- QUARTER AND A 3-1/4" ALUMINUM CAP STAMPED"DEPARTMENT OF HIGHWAYS PLS ]2374"AT THE SOUTHEAST CORNER. COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 22; THENCE ALONG THE NORTH LINE OF 7'HE SOUT}IEAST ONE-QUARTER OF SAID SECTION 22, S89°17'57"W A DISTANCE OF 30.00 FEET TO'I'HE WEST RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO 79, SAID PO]NT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF COLOIZADO STATE HIGHWAY NO 79 WHICH IS 30 FEET WEST AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 22, S00°36'38"E A DISTANCE OF 16.50 FEET; THENCE S89°17'57"W A DISTANCE OF 2592.41 I�EET TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SF.CTION 22; THENCE ALONG SAID WEST LINE OF THE SOUTHEAST ONE-QUARTER, N00°07'04"W A DISTANCE OP ]6.50 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF' SAID SECTION 22; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID 3 SKI.0 LG SKL10922 WE 3200577-200�i . 003 i iiiiii iiiii iiiii iiiiiii iiii iui �ii�ii iiiii iui uii • 3200577 07/20I2004 05.01P Weld County, C0 4 of 7 R 38.00 D 9.41 Steve Moreno Clerk& Recorder SECTION 22,N89°17'57'B A DISTANCE OF 2592.27 FEET TO THE POINT OF BEGINNING; CONTAINING AN AItEA OF 42,774 SQUARE FEET OR 0.982 ACRES. TOGF.THER WI'I�H: PARCEL FA A PART OF "fHE NORTII ONE-HALF OF SECTION 23,TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MGRIDIAN, COUNTY OF WELU, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BE[NG ASSUMED TO BEAR S00°24'18"E A DISTANCE OF 264634 FEET. MONUMENTED BY A 3-1/4"ALUMINUM CAP STAMPED "NOLTE AND ASSOCIATES LS 28656" AT BOTH THE NORTHEAST CORNER AND AT THE EAST ONE-QUAK'fER CORNER. COMMENCING AT THE NORTHWEST CORNER OF SA1D SECTION 23; THENCE ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SA]D SECTION 23, N89°24'08"E A DISTANCE OF 100.00 FEET; THENCE S00°36'23"E A DIS7'ANCE OF 30.00 FEET TO THE SOUTHERLY R]GHT-OF- WAY LINE OF WELD COUNTY ROAD 8, BEING TO THE TRUE POWT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH iS 30.00 FEET SOUTH AND PARALLEL W17'H SAID NORTH LINE OF THE NORTH WEST ONE- QUARTER OF SAID SECTION 23, N89°24'08"E A DISTANCE OF 2561.56 FEET; THENCE CONTINU]NG ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WH1CH IS 30.00 FEET SOUTH AND PARALI.IiL WITH THE NORTH LINE OF 'I'HE NORTHEAST ONE-QUARTER OF SAID SECTION 23, N89°25'56"E A DISTANCE OF 263137 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 71; THENCE ALONG SAID WEST�R[.Y R1GHT-OF-WAY LINE WIfICH IS 30.00 FEET WEST OF THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF SAID SECTION 23, S00°24'I8"E A DISTANCE OF 2616.28 FEET, TO THE SOUTH LINE OF SAID NORTHEAST qNE-QUARTER OF SAID SECTION 23; THENCE ALONG SAID SOUTH LINE OF THE NORTHEAST ONE-QUARTER, S89°33'14"W A DISTANCE OF 2626.78 FEET,TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 23; 4 SKLD LG SKL10422 WE 3200577-2004 . 004 i uiiii iiui iiiii i�iiiii iiii iiii iiiii�i}�iii�i iiii iiii � �00677 07/20l2004 05:01P Weld Counry, C0 5 of 7 R 36.D0 U 9.41 Steve Moreno Clerk d RecoMer THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 23, S89°33'16"W A DISTANCE OF 2586.96 FEET, ']'O THE EASTERLY RIGHT- OF-WAY LINE OF COLORADO STATE HIGHWAY 79; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 70.00 FEET EAST OF THE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTTON 23, N00°36'23"W A DISTANCE OF 2573.8] FEET, TO THE SOUTHERLY LINE OF A PARCEL RECORDED IN BOOK 1285 AS RECEPTION NO. 02236724; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL, N44°23'4]"E A DISTANCE OF 42.43 FEET, TO THE POINT OF BEGINNINC. CONTAINING AN AREA OF 13,621,468 SQUAR� FEET OR 312.706 ACRES. NAME AND ADDRESS OF PERSON CREATING NEWLY CREATED LEGAL DESCRIPTION (§38-35-106.5, C.R.SJ J. R. ENGINEERING 6020 GREENWOOD PLAZA BLVD. ENGLEWOOD, CO 80111 (303) 740-9393 5 SKLU LG SKL10422 W�E 3200577-2004 . 005 i iiiiii iiiii iiiii iuiiii iiii iiii�iii iii iiiii iiii iiii � 3200677 07/20/2004 05:O1P Weld Counry, CO 6 of 7 R 36.00 D 9.41 Steve Moreno Clerk d Recorder Exhibit B to Warranty Deed (Parcel F and FA) (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 ingess and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded September ]9, 1908 in Book 233 at Page 164, and any interest therein or righ[s thereunder. 3. Terms, ageements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Eaglc Peak Fazms, Ltd., a Colorado limited partnership and Union Pacitic Resources Company recorded September 2, 1992 in Book 1349 as Reception No. 02302142. 4. Terms, agreements,provisions, conditions and obligations as contained in Agreement by and between Eagle Peak Farms, Ltd. and Lomita Operating Company recorded January 19, 1993 in Book ]367 as Reception No. 02318677. 5. Right of way, whether in fee or easement only, for pipeline and other appurtenances, as granted to Snyder Oil Corpora[ion by Eagle Peak Farms, Ltd., in the instrument recorded April 23, ]993 in E3ook 1380 as Reception No. 02330230, ihe location of which is shown in the map attached to said instrument. 6. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and between Eagle Peak Farms, Ltd., a Colorado limited partnership and Snyder Oil Corporation recorded July 21, 1994 in Book 1451 as Reception No. 02398575. 7. Tem�s, 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 July 25, 1994 in Book 1452 as Reception No. 02398961. 8. Rig4t of way, whether in f'ee or easement only, for electric transmission ]ine and appurtenances, as granted to Tri-State Generation and Transmission Association, Inc., by Prospect Valley Farms, Ltd.,recorded September 16, 1999 as Reception No. 2720796, 6 :;KLU LG SKL10922 WG 3200577-2004 . 006 i iiiiii iiiii iiiii iuiiii iiii iiii iiiiiii��iii iii� iiii • _ 3200577 07/20/2004 06:01P Weld Couaty, C0 7 of T R 36,00 D 9.41 Steve Moreno Clerk 8 Recorder affecting the following described property, as more particulazly described in said instrument. 9. Reserva[ion of right of way for any ditches or canals constructed by authority of the United States, in U.S. Patent recorded Mazch 12, 1924 in Book 677 a[ Page 86. ]0. An undivided 1/2 interest in all oi] gas and other mineral rights as reserved by The Federal Land Bank of Wichita in a deed recorded May 14, 1941 in Book ]078 at Page 580 and any interest therein or rights thereunder. ] ]. Terms, agreements,provisions, conditions, obligations and easements as contained in Request for Notification of Surface Development recorded May 28, 2002 as Reception No. 2954625. 12. The following matters as set forth on ALTA/ACSM Land Tit1e Survey(Parcel F) prepared by J. R. Engineering, dated December 17, 2003, as revised December 30, 2003, June 21, 2004, June 29, 200 and ]uly 2, 2004 as Job Number 15006A0, to-wit: ]. Any loss or damage arising from the fact that there is a visible cross access between the subject property and the adjoining propeRy. 13. The following matters as set forth on ALTA/ACSM Land Title Survey(Parcel FA) prepared by J. R. Engineering, dated December 9, 2003,as revised December 29, 2003, Janoary 8, 2004, June 22, 2004,June 29, 2004 and July 7, 2004 as Job Number 15006.00, to-wit: 1. Any loss or damage arising from the fact [hat there is a visible cross access between ihe subject property and the adjoining property. 7 SKLD LG SKL10422 WE 3200577-2004 . 007 • eRecorded in W ounty, CO Doc Id: 3463832 03/22/2007 04:4� Receipt#: 7299284 Page: 1 of 7 Total Fee: $54.76 Steve Moreno, Clerk and Recorder Special Warranty Deed (PV-Tyrun) This Deed,made this�day of March,2007,between PV Water Holdings LLC,a Colorado limited liabiliry company,of the City and Counry of Denver,State of Colorado,as grantor ("Grantor"), and Tyrun Huwa and KeIli Huwa,husband and wife,as joint tenants,whose legal address is 15650 Headlight Road, Stra*sburg, Colorado 80136,of the Counry of Adams,State of Colorado,as gantees(collectively the"Grantee"). Wimess,that Grantnr,for and in consideration of the sum of One Hundred Eighry-Seven Thousand Six Hundred Twenty-Tlu�ee Dollars and Sixry Cents($187,623.60)and other good and valuable consideration,the receipt and sufficiency of which is hereby aclaiowledged,has granted, bargained,sold and conveyed, and by these presents does grant,bazgain,sell,convey and confinn unto Grantee,for themselves,their 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("Property"). Together with all and singulaz the hereditamenis and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders,rents, issues and profits thereof,and all of the oil, gas,gravel,royalry interests and other mineral rights, together with all surface rights,which are owned by G�antor,if any,related to,or in any way appurtenant to, in and under and that may be produced therefrom,and all the estate,right, 6de, interest, claim and demand whatsoever of Cmantor,either in law or equiry,of,in and to the above bazgained premises,with the hereditaments and appurtenances. Togeiher with water rights and rights to delivery of water assxiated with the inclusion of the Property within the Henrylyn Irrigation District and Grantor's rights, if any, in the small capaciry well, designated by Well Permit No. 76464, EXCEPT RESERVING ITNTO GRANTOR all water and water rights, whether adjudicated or not, which aze related to or in any way appurtenant to the Property, (except for the water and water rights described above) including without limitations, all well and well rights, including but not limited to, the water rights associated with Well Permit Nos. 31526FP (former Pzmrit No. 4477R), and 31527FP (former Pemrit No. 4478R); which water rights were subject to the terms and conditions of the Findings of Fact, Conclusions of Law, Judginent and Decree of the Court entered by the Adams County District Court on May 10, 2004 in Case No. 98CV1727, and recorded on June 22, 2004 as Reception No. 2 0040622 0005 1 6 1 30 of the books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No. 3I91505 of the books and records of the Weld County Clerk and Recorder; and the Findings of Fact, Conclusions of Law, Judgnent and Decree of khe Court entered by ihe Adams Counry District Court on June 1, 2004 in Case No. 99CV0097, and recorded on June 22, 2004 as Reception No. 20040622000516120 of the books and record5 of the Adazns Counry Clerk and Recorder, and recorded on Jutte 22, 2004 as � SKi,D LG SKL10422 WE 3463832-200% . 001 • eRecorded in W�ounty, CO Doc Id: 3463832 03/22/2007 04:4 Receipt#: 7299284 Page: 2 of 7 Total Fee: $54.76 Steve Moreno, Clerk and Recorder Reception No, 3191504 of the books and records of the Weld County Clerk and Recorder; all water rights and rights to water in the Denver Basin Aquifers underlying the Property(as defined above); all subterranean water and water rights; all surface water and water rights; spring and spring rights; all tributary and non-tributary water rights; designated and non-designated water rights; all reservoir and reservoir rights not associated with Henrylyn Irrigation District; ditches and ditch rights not associated with Henrylyn IrrigaUon District; all water and ditch company stock not associated with Henrylyn Irrigation District, water, and sewer tap agreements; any and all easements and rights-of-way for the carriage of water to the Property; discharge of water from the Property, and storage water off Property; all utiliry agreements with any other developers or with any municipality or quasi-municipal special district, if any, which aze owned by Grantor or related to or in any way appurtenant to the Properry and reserving unto Grantor any interest in the License for an eight-inch (8") aluuunum irrigation pipe across tkte county road existing between Sections 22 and 23, Township 1 North,Range 63 West of the 6th P.M., Weld Counry, Colorado said pipe traversing the county road from the Northeast (NE) Corner of the Southeast Quarter (SE 1/4)of said Section 22 to the Southwest(S4� Comer of the Northwest Quarter(NW 1/4) of said Section 23, as granted by The Board of County Commissioners, Weld County, Colorado to Leonazd Baumgazmer,and as conveyed to Dave and Creta J. Baumgartner by the Warranty Deed in Joint Tenancy recorded September 15, 1969 in Book 615 at Reception No. 1536793, wherein the date of said License is stated to be March 19, 1969. To Have and to Hold the said premises above bazgained and described,with the appurtenances,unto the Cmdntee,for themselves,their successors and assigns forever. Cma�tor, for itself,its successors and assigns,dces covenant,grant,bargain and agree to and with Grantee,for themselves,rheir personal representatives,heirs,successors and assi�s,that at the time of the ensealing and delivery of these presenu,Grantor 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 authoriry to grant,bargain, sell and convey the same in manner and fomt 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 altached herelo and incorporated herein. Giartor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of($antee,for themselves,theu personal representatives,heirs,successors and assigns,against all and every person or persons lawfully claiming the whole or any part thereof by,through or under Grautor. In Witriess Whereof,Grantor has executed this Deed on the date set forth above. PV Water ' s LLC, a Colo o lim ed Gabiliry company By: Jce . Fazkas,Manager 2 SKLD LG SKL10422 WE 3463832-2007 . 002 . eRecorded in W�ounty, CO Doc Id: 3463832 03/22/2007 04:4 Receipt#: 7299284 Page: 3 of 7 Total Fee: $54.76 Steve Moreno, Clerk and Recorder ��C.izoq a- STATE OF CO�8R#�HO ) �Gl "-a�i�o7'u-�ss. CITY AND COUNTY OF D�R ) The foregoing instniment was aclrnowledged before me this ��t"day of March, 2007,by Joel H. Farkas, Manager of PV Water Holdings LLC, a Colorado limited liability company,on its behalf. Witness my hand and official seal. My commission expires: c�• /�J '�'°° � (S E A L) r,.a:�a�o:-••-".,"°OFFlCIALSFA4. .,•�•••� C.GCJ ] � - v1ARSHAKENNEi7Y NotaryPublic z riomy wa�.s�ete an�za,a g � MARICOPACOUNIY +�...,.�......:NY Comm.Eupire�Mamh 55,2006� 3 SKI,D LG SKL10422 WE 3463832-2007 . 003 eRecorded in W ounty, CO Doc Id: 3463832 03/22/2007 04:4� Receipt#: 7299284 Page: 4 of 7 Total Fee: $54.76 Steve Moreno, Clerk and Recorder Exhibit A (Legal Description) PARCEL F A PART OF THE NORTH ONE-HALF OF SECTION 23,TOWNSHIP 1 NORTH,RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS POLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE NOR'IT�AST ONE-QUARTER OF SECTION 23, TOWNSHIP 1 NORTH,RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR S00°24'18"E A DISTANCE OF 2646.34 FEET. MONUMENTED BY A 3-1/4" ALUMINUM CAP STAMPED"NOLTE AND ASSOCIATES LS 28656"AT BOTH THE NORTHEAST CORNER AND AT THE EAST ONE-QUARTER CORNER. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 23; THENCE ALONG THE NORTH LINE OF THE NOR"I'HWEST ONE-QUARTER OF SAID SECTION 23,N89°24'08"E A DISTANCE OF 100.00 FEET; THENCE S00°36'23"E A DISTANCE OF 30.00 FEET TO THE SOUTHERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 8,BEING TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET SOUTH AND PARALLEL WITH SAID NORTH LINE OF Tf�NORTHWEST ONE- QUARTER OF SAID SECTION 23>N89°24'08"E A DISTANCE OF 2561.56 FEET> THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF THE NOATIIEAST ONE-QUARTER OF SAID SECTION 23,N89�25'56"E A DISTANCE OF 2631.37 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 71; 'I'E�NCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE WHICH IS 30.00 FEET WEST OF THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF SAID SECTION 23, S00°24'18"E A DISTANCE OF 2616.28 FEET,TO THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF SAID SECTION 23; THENCE ALONG SAID SOUTH LINE OF THE NORTHEAST ONE-QUARTER, S89°33'14"W A DISTANCE OF 2626.78 FEET, TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 23; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 23, S89°33'16"W A DISTANCE OF 2586.96 FEET,TO THE EASTERLY RIGHT- OF-WAY LINE OF COLORADO STATE HIGHWAY 79; 4 SKLD LG SKL10422 WE 3463832-2007 . 004 � eRecorded in W�ounty, CO Doc Id: 3463832 03/22/2007 04:4 Receipt#: 7299284 Page: 5 of 7 Total Fee: $54.76 Steve Moreno, Clerk and Recorder 'I'f�NCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 70.00 FEET EAST OF THE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF SAID 3ECTION 23, N00°36'23"W A DISTANCE OF 2573.81 FEET,TO THE SOUTHERLY LINE OF A PARCEL RECORDED IN BOOK 1285 AS RECEPTION NO. 02236724; Tf�NCE ALONG THE SOU"1'HEA5TERLY LINE OF SAID PARCEL,N44°23'41"E A DISTANCE OF 42.43 FEET, TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 13,621,468 SQUARE FEET OR 312J06 ACRES. 5 SK1.D LG SKL10422 WE 3963832-2007 . 005 A eRecorded in W�ounty, CO Doc Id: 3463832 03/22/2007 04: Receipt#: 7299284 Page: 6 of 7 Total Fee: $54.76 Steve Moreno, Clerk and Recorder Exhibit B (Exceptions) 1. Taxes and assessments for the year 2007 and subsequent years, a lien not yet due or payable. 2. All water,water rights,or claims thereto, in,on or under ihe land. 3. Any rights, interest, or easements in favor of the United States, the State of Colorado or the public,which exist or are claimed to exist in and over the present and past bed,banks, or waters of Sand Creek. 4. Righu of way for county roads 30 feet on either side of Section and Townslup lines, as established by the Boazd of County Commissioners for Weld County, by ihe instrument recorded October 14, 1889 in Book 86 at Page 273. 5. Reservation by the Union Pacific Rai]road Company of all oil, coal and other minerals undedying ihe 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 19, 1908 in Book 233 at Page 164,and any and all assignments thereof or interests therein. Note: Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954625. 6. Terms, conditions, provisions and agreemenu specified under the Surface Owner's Agreemeni by and between Eagle Peak Fazms, Ltd. and Union Pacific Resources Company,which was recorded September 2, 1992 in Book 1349 at Page 02302142. 7. Terms, condidons, provisions and agreements specified under the Agreement by and between Eagle Peak Fazms, Ltd. and Lomita Operadng Company, which was recorded January 19, 1993 in Book 1367 at Reception No. 02318677. 8. Pipeline right-of-way grant and easement for one pipeline and such drips, valves, flttings and other equipment appurtenances as granted to Snyder Oil Corporation by instnunent recorded Apri123, 1993 in Book 1380 at Reception No. 02330230. 9. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of Surface Damage Agreement by and between Eagle Peak Fazms,Ltd. and Snyder Oi] Corpoiation, which was recorded July 21, 1994 in Book 1451 at RecepUon No. 02398575. 10. Terms, condiUons, provisions and agreements specified under the Surface Owner's Agreecnent by and between Eagle Peak Farms, Ltd. and Union Pacific Resources Company,which was recorded July 25, 1994 in Book 1452 at Reception No. 02398961. 6 _,KI,D LG SKL10922 WE 3463832-2007 . 006 � eRecorded in W�ounty, CO Doc Id: 3463832 03/22/2007 04:4 Receipt#: 7299284 Page: 7 of 7 Total Fee: $54.76 Steve Moreno, Clerk and Recorder 11. Easement and right of way for electric transmission line and communication facilities as granted to Tri-State Generation and Translnission Associarion, Inc., by insirument recorded September 16, 1999 at Reception No. ?720796. 12. ALTA/ACSM Land Tide Survey by inshwnent recorded September 13, 2004 at Reception No. 3218384. 13. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 7 SKLD LG SKL10422 WE 3463832-2007 . 007 Form No. OFFICE OF TH�TATE ENGINEER �ws-zs COLORADO DIV'510N OF WATER RESOURC 878 Centennial Bldg., 1313 Sherman SL,Denver,Cobredo 80203 (303)B66-3581 332 WELL PERMIT NUMBER 276708 APPLICANT DIV. 8 WD 1 DES. BASIN 5 MD 9 APPROVED WELL LOCATION WELD COUNTY NW 1/4 NW 1/4 Section 23 TYRUN HUWA Township 1 N Range 63 W Sixth P.M. 15650 HEADLIGHT RD DISTANCES FROM SECTION LINES STRASBURG, CO 80136- 950 Ft. from North Section Line 600 Ft. from West Section Line (970) 590-3538 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO CONSTRUCT A WELL Easting: Northing: CONDITIONS QF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur ta another vested water right or preclude another owner of a vested water right from seeking relieT in a civil court aclion. 2) The construction of ihis well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Instailation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-105. 4) Water from this well may be used for domestic purposes inside 1 single family dwelling(s),and the watering of the owner's own large non-commercial domestic animals. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The annual withdrawal of ground water from lhis well shall not exceed 2.5 acre-feet. 7) The irrigated area shall not exceed 1 acre of lawn and garden. 8) Water from this well may be used for ihe watering of livestock on range and pasture. 9) Production is limited to the Laramie-Fox Hills aquifer which is located 580 feet below land surface and extends to a depth of 850 feet. Plain casing must be installed and grouted to prevent the withdrawal of ground water from other aquifers and the movement of ground water belween aquifers. 10) The depth to the top of the laramie-Fox Hills aquifer is approximate. To ensure the exclusion of poor quality water from zones immediately above the aquifer, plain casing and grout shall e�ctend through the lowermost coal and/or carbonaceous shale that overlies the Laramie sand portion of lhe aquifer. 11) This well shall be constructed wilhin 300 feet of the location specified on this permit. NOTE:The ability of this well to withdraw its authorized amount of water from ihis non-renewable aquifer may be less than the 100 years upon which the amount of water in the aquifer is allocated, due to anticipated waler level declines. APPROVED �� SMJ ' �r Recei t No. 3625986 State engineer DATE ISSUED 02-19-2008 B EXPIRA ON D TE 02-19-2010 . . � � . _ i COLORAbO DEPARTMEMT OF TF�AMSPORTATlOIV �T P��- ��Z� ; ST�TE �IlG6�iAl/AY ACCESS PERMBT �„��,,,�,s�a i 79 A / 22.755 / R i Pennit fee oa�a oF tra� R�NPatd Lncal duAeaiqion $50.i30 3i�/2� i$ I u i I z� Weld Cuunty � 7he Permiitee(s); Appi�ant: �arm.: Tyron Huwa Tyron Huwa i 5650 H�dtight Road 1565Q Aesdligh4 Road i Strasburg,CO 8013fi Stcasbwg.CO 80136 � 991-590.3538 970-590-3538 ' ia fiBreDy greniBd PertNssiotl b llive 2n acaess BD tlie Sfa06 ttlghMrdy at tl1e bcBiOn noted bBl0w.ThE�S 3taY bB fanqn�eted,rt18b1kM1ed end Ueed i� � acoadance wilh fhis oerm4,irw�dh9 the Stale Ffghxay Aocsss f.ode attl arN a�dvneNs.temtt.Condi5on5 aM e�dlibN3.TMH P&'Rdt ma�t t�e revoked ; b1r tt�Issu�a9 euthorlry itat arry tkne me n�ar�ss ard ig use wdate aro P�of ih�pa�mit The iss�rnl autln�ib.9»Dai��ar�l ttmir dury ; appoiMed a9enls and e�npbyees shal ba h�d hamdess agairot arry adion Aor P��1�Y�WoOerb dama9e susfair�ed bf'reeaon of ihe exercise oF ' U�e Dermit• Location:Shis access relocation €s bcaiecl on Sta6e Highway 79,a distanca oF�feat�ih of mite posi 22 a�the eastlrigM side. jAccess to Provide Service to: (t,�et;,�coa�) ts6°°��°°"�) �"'�) 4 210-Single-Family I}eta:.hed Housing(1 Ho�) 10 ADT 997-Agricuttiue(312 Acres) 4 ADT �i Additional tnfwmatian: i f { MUNiC1PAt3TY�l COtf1iSY AP�RaYAi I Requ'ved ortly when the appropriate brdl authority retains issuing aulhoriry. � g�gnatun RMt Nan+e � TBte Date f i ; � ' Upan the signing�this permit ihe perrnittee agrees ta ihe terms and conditions and ref�enced attaC.hm�ts contained ! herein. Ail constniction shafl be completed in an ezpedit+�us and safe manner and sh� be Smished within 45 days fram i In�tiat'son.The pefmitled access shak be compteted�+acoordanoe v�h Uroe Oerms and canditbns of the Perrttit Rrior to � being used. , 'Tf�e aerrnRtee sfe�l rwtNY t.ir�da t�V'lNMams w�ls t!�Calarado Departrn�t af Tra��pwtatbn In ; Greele�+, co�rado at(970)35a-ziaT,�le�t as ta�es�to�n4 aon�ructkx+wRMn rne Slate Hfghway rtght�af-w�. ; Th&P�n sigrnng as the pertNtbe mist Ce tl�e owner orlegal reprasenfative of the OroDgN�`�Y ths Ae+mitlatl access and hava MI autlqriry 0� ;. acceP�ihB pBnt�end 118 MfiME etld cafdY0ns. I rerm � � 7 D �I ' This permit is not valid unt�si�ed by a duly authorized represenlatNe�ihe DePartment j COtdRADO DEPARTIkENT dF TRAtJSPORTATiON � �� Sg��` ` �� }ygmg Tit1C � 'ttt.�c - �G�-�- �,na.�a I��c�� IQ� �t,¢�t►r �� 3 �� DY MaMeo�asr�Y� PR�b��tl°'es.�.aYwiem.�Mawa.wt e�v �PY �: P+sY��1 CDOT Fom�tf�5 51 3.SatRhweasSe�en lnedAeAM'�Y T��' Zqpp�K 4.Cs�4N Fies #AT(�Pakd Hello